2079 Amendments of Liisa JAAKONSAARI
Amendment 17 #
2018/2158(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the EU’s relations with Russia must bare based on respect for the principles of international law and credible deterrence, and on a principled approach inhence, due to Russia’s disregard of this respect, EU’s relations with Russia currently are based on cooperation in selected areas of common interest as defined in the Foreign Affairs Council conclusions of 14 March 2016;
Amendment 25 #
2018/2158(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the EU remains open to such a stronger relationship and to dialogue leading thereto, and wishes to return to cooperative relations with Russia, shouldwhen the Russian authorities meet their international and legal obligations;
Amendment 34 #
2018/2158(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the implementation of the Minsk Agreement and broader respect for international law remains a precondition for closer cooperation with Russia;
Amendment 48 #
2018/2158(INI)
Motion for a resolution
Recital F
Recital F
F. whereas new areas of tension between the EU and Russia have arisen since 2015, including: Russian intervention in Syria; large-scale military exercises (Zapad 2017); rRussian interference aimed at influencing elections and stoking tensions in European societies; restrictions on fundamental freedoms and extensive human rights violations in Russia, including the systemic targeting of human rights defenders and civil society in Russia, including the arbitrary detention of OyubTitiev, head of Human Rights Centre Memorial in Chechnya, discrimination against the Tatar minority in occupied Crimea, and the politically motivated persecution of Alexei Navalny and many others; cyber attacks and assassinations on European soil allegedly carried out by Russian intelligence agents using chemical weapons; the intimidation, arrest and imprisonment of foreign citizens in Russia in breach of international law, including Oleg Sentsov and many others; the organisation of illegal and illegitimate elections in the Donbas; flawed presidential elections lacking any real choice and with restrictions on fundamental freedoms; violations of arms control agreements;
Amendment 93 #
2018/2158(INI)
Motion for a resolution
Recital H
Recital H
H. whereas Russia’s polycentric vision of the concert of powers contradicts the EU’s belief in the multilateral rules-based orderadherence to and support for the multilateral rules-based order would create conditions for closer relations with the EU;
Amendment 110 #
2018/2158(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that Russia's direct and indirect involvement in armed conflicts such as in Eastern Ukraine and its illegal annexation of Crimea and violation of the territorial integrity of Georgia constitute a deliberate violation of democratic principles and fundamental valuesinternational law;
Amendment 128 #
2018/2158(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes therefore that the EU- Russia relationship requires a new framework of cooperation only in those areas that are necessarythat allows for political dialogue, particularly, on security-related issues, and in areas of common interest for re-establishing trust, and with a view to guaranteeing security in the EU’s neighbourhood and a European peace order; is of the view that the PCA should be discontinuremain in force until this new framework is defined;
Amendment 144 #
2018/2158(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that non-implementation of the Minsk Agreements would demonstrates Russia's lack of good will to contribute to solving the conflict in Eastern Ukraine and its capacity to guarantee European security; asks for consultations to be advanced within the Normandy format;
Amendment 158 #
2018/2158(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes in the importance of finding ways to de- escalateing current tensions and of engaging in consultations with Russia to identify measures aimed at reducinge the risk of misunderstandings and miscalculations, misinterpretation and misreading;
Amendment 169 #
2018/2158(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes, however, that the Skripal case and cyber attacks allegedly orchestrated by the Russian intelligence services show an interest on the Russian side to further increase tensions in Russia’s relations with the EU and its Member States;
Amendment 176 #
2018/2158(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Is deeply concerned about the links between the Russian government and the extreme right and populist nationalist parties and governments in the EU, such as in Hungary, that pose threat to the fundamental values of the Union, which are enshrined in EU Treaty Article 2 and reflected in the EU Charter of Fundamental Rights, including respect for democracy, equality, the rule of law and human rights;
Amendment 187 #
2018/2158(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights that the global challenges of climate change, energy securitythe environment, energy security, digitalisation together with algorithmic decision making and Artificial Intelligence, foreign and security issues, non-proliferation of weapons of mass destruction and the fight against terrorism and organised crime call for selective engagement with Russia;
Amendment 200 #
2018/2158(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 228 #
2018/2158(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Regrets the still much concerning human rights situation, the widespread and undue restrictions to the rights of freedom of expression, association and peaceful assembly; is concerned that the authorities have cracked down on, harassed and persecuted human rights defenders, protest activists and other critics;
Amendment 245 #
2018/2158(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Reiterates its support for the five principles guiding the EU's policy towards Russia, and calls for further definition of the selective engagement principle; recommends that the focus be placed on issues relating to the MENA region, terrorism, non-proliferation, arms control, migration and climate change; calls for a high-level dialogue between EU, EEU and AA/DCFTA countries, including joint efforts to safeguard the UNSC- endorsed JCPOA with Iran and bringing an end to the war in Syria; calls for a high-level dialogue between EU, EEU and AA/DCFTA countries and suggests to establish a dialogue on working-level as a stepping stone to facilitate the high-level dialogue; reiterates that while consultations between the EU and Russia on cyber terrorism and organised crime need to continue, Russia’s systematic hybrid threats require strong deterrence; calls, in this context, for the initiation of a high-level EU-EEU-China-Central Asia dialogue on Belt and Road Initiative and connectivity;
Amendment 261 #
2018/2158(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines that Russia and the EU will remain key economic partners in the foreseeable future, but Nord Stream 2 reinforces EU dependency on Russian gas supplies, threatens the EU internal market and is not in line with EU energy policy, and therefore needs to be stopped;
Amendment 270 #
2018/2158(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. NotUnderlines that EU-Russia Ccross- border cooperation programmes and the constructive cooperation in the Northern Dimension Partnerships and in the Barents-Euro-Arctic bring tangible benefits to the citizens of cross-border areas and support the sustainable development of these areas; recommends in this respect to foster all these positive areas of constructive cooperation;
Amendment 280 #
2018/2158(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the importance of continued political and financial support for civil society activists, human rights defenders, bloggers, independent media, investigative journalists, outspoken academics and public figures, and NGOs; calls on the Commission to programme more ambitious financial assistance to Russian civil society from the existing external financial instruments; supports increased funding for journalist training and exchange with European journalists and for instruments that advance human rights and democracy, such as the European Instrument for Democracy and Human Rights (EIDHR) and the European Endowment for Democracy (EED);
Amendment 285 #
2018/2158(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the EU and its Member States to strengthen their activities in support of civil society and human rights defenders and to improve trial observation and the appropriate follow-up; stresses the importance of reinforcing protection measures for human rights defenders as well as giving access to multi-entry Schengen Visas; proposes high level meetings with Russian human rights defenders and to publicly call on the Russian authorities to foster a favourable working climate for them; calls to ensure the immediate release of human rights defenders currently in jail;
Amendment 295 #
2018/2158(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for more people-to-people contacts and student exchanges also in the Erasmus Mundus frameworkwith a focus on youth, on increased dialogue and cooperation between EU and Russian experts, researchers, civil societies and local authorities and for intensified student, vocational trainee and youth exchanges, particularly in the Erasmus+ framework; supports in this regard increased funding for the new Erasmus+ programmes 2021 - 2027; notes that the EU provides the highest number of academic mobility opportunities to Russia in comparison with other international partner countries;
Amendment 308 #
2018/2158(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for the EU institutions and Member States to make greater efforts to build resilience, particularly in the cyber and media fields; calls for EU-wide support for the European cyber-security industry and a stronger engagement in research; supports increased funding of Stratcom for counter-acting disinformation and encourages, in this context, the promotion of Europeanuniversal values in Russian by East Stratcom; Calls for the EU institutions and Member States to ensure effective implementation of the measures outlines in the Action Plan against Disinformation;
Amendment 321 #
2018/2158(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Believes that the EU should stand ready to consider adopting further sanctions, including targeted personal sanctions, in response to Russia’s continued actionlift sanctions provided that Russia respects fully international law and to consider adopting further sanctions, if Russia’s violation of international law continues;
Amendment 342 #
2018/2158(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. CallsSupports the Dutch initiative for an European version of the Magnitsky ActU Global Human Rights Sanction Regime and calls for it to be launched swiftly;
Amendment 349 #
2018/2158(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Encourages confidence-building measures in the Donbas region; supports a mandate for placing a UN peacekeeping force into this region of Eastern Ukraine;
Amendment 354 #
2018/2158(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Regrets that there has been no official inter-parliamentary dialogue within the framework of the Delegation to the EU-Russia Parliamentary Cooperation Committee (PCC) due to the punitive actions; calls on both sides to remove the obstacles, so that the EU- Russia PCC can re-convene; perceives the exchange of views and dialogue between parliamentarians of the PCCs as an essential tool to minimise risks of further misunderstandings and misconception;
Amendment 363 #
2018/2158(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 6 #
2018/2150(INI)
Motion for a resolution
Citation 3
Citation 3
— having regard to the Presidency conclusions of 13 December 2016 and the Council Conclusions of 26 June 2018, and to the previous relevant Council and European Council conclusions,
Amendment 10 #
2018/2150(INI)
Motion for a resolution
Citation 7
Citation 7
— having regard to the declaration issued by the European Community and its Member States on 21 September 2005, including the provision that the recognition of all Member States is a necessary component of the negotiations, and to the need for Turkey to proceed to the normalization of its relations with all Member States and to fully implement the Additional Protocol to the Ankara Agreement towards all MS, by removing all obstacles to the free movement of goods, withoutincluding restrictions orn means of transport, without prejudice and discrimination,
Amendment 15 #
2018/2150(INI)
Motion for a resolution
Citation 9
Citation 9
— having regard to Article 46 of the European Convention on Human Rights (ECHR), which states that the contracting parties undertake to abide by the final judgments of the European Court of Human Rights (ECtHR) in any case to which they are parties, and to the obligation of Turkey to implement all judgements of the European Courts,
Amendment 174 #
2018/2150(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission and the Member States, taking all of the above into account andTaking all of the above into account, calls on the Commission and the Council of the European Union, in accordance with the Negotiating Framework, to formally suspend the accession negotiations with Turkey till Turkey complies with the Copenhagen criteria and fully implement its contractual obligations towards all MSs, including the Additional Protocol to the EC-Turkey Association Agreement vis-à- vis the Republic of Cyprus; remains, however, committed to democratic dialogue with Turkey; asks the Commission to use, during the formal suspension of negotiations, all funds available under IPA II and the future IPA III to support, through a dedicated envelope directly managed by the EU, Turkey’s civil society, and to increase opportunities for people-to-people contacts, academic dialogue, access for Turkish students to European universities and media platforms for journalists;
Amendment 251 #
2018/2150(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls the important role played by Turkey in responding to the migration crisis resulting from the war in Syria; takes the view that Turkey’s population has shown great hospitality by offering shelter to more than 3 million Syrian refugees; calls on the EU and its Member States to keep their promise regarding a large-scale resettlement, and to ensure adequate financial resources for the long-term support of Syrian refugees in Turkey; is concerned that the European Court of Auditors on its last report on 13 November 2018 noted that Turkey refused to share information with the EU auditors regarding the details of the expenditures about the spending of €1.1 billion granted by the EU to Turkey to help Syrian refugees and calls on the Commission to put pressure on Turkish government to make the data on the beneficiaries available before granting the next tranche of the assistance, as per Court’s recommendation;
Amendment 275 #
2018/2150(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on Turkey to further align its foreign policy with that of the EU in accordance with the provisions of the Negotiating Framework;
Amendment 287 #
2018/2150(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18 c. Calls on Turkey to cooperate with relevant international organizations, especially the Council of Europe, in preventing and combatting illicit trafficking and the deliberate destruction of cultural heritage within Turkey and the occupied part of Cyprus;
Amendment 289 #
2018/2150(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18 d. Reiterates its call on Turkey to comply with the EU declaration issued on September 21, 2005 and to fulfil its obligation of full, non-discriminatory implementation of the Additional Protocol to the EC-Turkey Association Agreement vis-à-vis all Member States, including the Republic of Cyprus, regrets that Turkey has still not made progress towards the normalization of its relations with the Republic of Cyprus; reiterates that recognition of all Member States is a necessary component of the accession process, of Customs Union and of every agreement between the EU and Turkey and calls for progress without any further delay;
Amendment 290 #
2018/2150(INI)
Motion for a resolution
Paragraph 18 e (new)
Paragraph 18 e (new)
18 e. Recalls its position adopted in the report on the implementation of the Common Foreign and Security Policy in 2017 about the importance of ensuring the coherence of EU policy as regards situations involving the occupation or annexation of territory; recalls, in this regard, that the immediate withdrawal of Turkish occupation forces and the full restoration of the sovereignty of the Republic of Cyprus, in line with the UNSC resolutions, should be the first step for achieving a long-term political solution, guaranteeing the well-being, security and democratic rights of all Cypriots;
Amendment 317 #
2018/2150(INI)
19 c. Calls on Turkey to sign and ratify the United Nations Convention on the Law of the Sea (UNCLOS), which has been signed and ratified by the EU and its 28 Member States, without further delay; reiterates its call on Turkey to respect the sovereignty and sovereign rights of Member States over their territorial sea and airspace and their lawful right to enter into bilateral agreements and to explore and exploit natural resources in accordance with the EU acquis and international law, including the UN Convention on the Law of the Sea;
Amendment 1 #
2018/2089(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s communication on an EU strategy for mobility of the future; acknowledges its potential for all autonomous private and public means of road, rail, waterborne and air transport, the spill-over effects on many sectors and the new business models enabled by automated driverless mobility, which will bring benefits for companies with a view to making Europe a leader in vehicle technologies; draws attention also to its implications for users, including persons with special needs or disabilities and the visually impaired;
Amendment 4 #
2018/2089(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 6 #
2018/2089(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that while the deployment of connected and automated mobility canould contribute to road safety, help to reduce road fatalities to zero in Europe by 2050, and favour lower emissions, social inclusion and overall transport efficiency; stresses that, societal acceptance will be achieved only if autonomous vehicles can offer the highest safety and security standards, are guaranteed;s well as more and better travel options, which are affordable and environmentally-friendly.
Amendment 10 #
2018/2089(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls that technological innovations cannot solve, in isolation, environmental issues, and that studies have shown that autonomous driving could make congestion and pollution worse; calls on authorities to develop policies that will ensure that autonomous vehicles will increase and improve travel options for all citizens, without negatively affecting the demand for and investments in public transport.
Amendment 18 #
2018/2089(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that clear information about the automated features of a vehicle must be made available to potential consumers before they acquire a vehicle and during its lifetime, and that a level playing field and fair access to, non-discriminatory, direct, real-time, technology-neutral and open access to in-vehicle data and resources for different market players offering repair and maintenance is essential to ensure fair and undistorted competition, especially for independent SMEs, to protect consumer rights, to ensure the service quality for consumers and to promote innovation;
Amendment 19 #
2018/2089(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the European Commission to publish a legislative proposal on access to in-vehicle data and resources by the end of 2018; Emphasises that clear information about the automated features of a vehicle must be made available to potential consumers before they acquire a vehicle and during its lifetime, and that a level playing field and fair access to different market players offering repair and maintenance is essential to ensure fair competition, especially for independent SMEs;
Amendment 23 #
2018/2089(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights the importance of users being inhaving control of their personal data collected by connected and automated carsand access to their data, both personal and in-vehicle generated that is produced and collected by connected and automated cars; points out that future in-vehicle systems should be designed in a manner that ensures free consumer choice and allows users to directly select from competing service providers which service provider shall be authorised the direct access and use of the data of their vehicle for a given service; emphasises the importance of the transmission and storage of data between vehicles and connected infrastructure being protected by a minimum set of security measures, including encryption, software updates and strong authentication mechanisms, while respecting data protection legislation and the principle of privacy, providing the highest levels of security by design and by default; stresses that consumers must be offered the maximum level of protection against hacking and cyber attacks;
Amendment 29 #
2018/2089(INI)
5. Affirms that technical standards adapted by different brands must be aligned with global guidelines, be drafted using a technology-neutral approach and ensure interoperability; stresses that the forthcoming UNECE Regulations on Cybersecurity and on Over-the-air software updates become a benchmark for future European legislation;
Amendment 30 #
2018/2089(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Underlines that autonomous vehicles are technologically complex and differ substantially from current motor vehicles on the road; for legal certainty, better safeguards of consumer rights and to prevent that unknown risks are borne by injured parties, it is necessary to have a review of the current EU legislative framework for liability rules and insurance for autonomous vehicles, addressing the limitations of laws as regards the shift in responsibility to the introduction of new rules for covering new types of risks.
Amendment 31 #
2018/2089(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Acknowledges that data recorders and access to the recorder are an essential tool to clarify the actual cause of events leading to damage or incident; welcomes the Commission’s proposal published on 17 May 2018 to regulate data recorders for automated vehicles as part of the revision of the General Safety Regulation and Motor Insurance Directive to further address the issue of liability for automated vehicles in case of accident.
Amendment 37 #
2018/2089(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges all stakeholders, including vehicle manufacturers, component suppliers and software and design services, as well as Members States and authorities involved to cooperate in fostering innovation, in ensuring investment in infrastructure fit for automated mobility, both on highways and on city roads, and in facilitating cross- border testing.
Amendment 38 #
2018/2089(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges all stakeholders, Members States and authorities involved to cooperate in fostering innovation, in ensuring investment in infrastructure fit for automated mobility and in facilitating cross-border testing; calls for investment in extensive research on artificial intelligence and ethics for autonomous and connected transport.
Amendment 40 #
2018/2089(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Warns that autonomous driving threatens to disrupt the job opportunities and lives of millions of workers in the transport sector, without also creating significant numbers of secure and quality jobs through innovation and new technology; recalls that the anticipated savings in labour costs should not be a pretext for a reduction in workers’ rights, pay, conditions and safety.
Amendment 72 #
2018/2056(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with great concern the situation in some Member States, where public authorities have greatly delayed payments for goods and/or services supplied to them by undertakings, leading those businesses into extreme financial difficulties; believes that in order to support businesses whose financial management is complicated by delayed payments from public authorities, the Member States should put in place faster and more efficient VAT refund procedures, especially for SMEs; notes also that prompt payments for services provided to public authorities by contractors and sub- contractors in the context of sustainable social and environmental policies for the benefit of Union citizens should be prioritised;
Amendment 93 #
2018/2056(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Stresses the importance of public procurement as a means of improving the functioning of the single market, combatting social and environmental dumping, and for growing jobs and enterprises throughout the Union;
Amendment 95 #
2018/2056(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Believes that public procurement rules should include public procurement systems being easily accessible and understandable to citizens and businesses, full transparency of payments to contractors and sub-contractors by public authorities; calls also for the adoption of a European Code of Ethics for Public Procurement in order to ensure social and environmental standards;
Amendment 3 #
2018/2008(INI)
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
– having regard to the Commission communication of 11 April 2018 on A New Deal for Consumers (COM(2018) 183),
Amendment 4 #
2018/2008(INI)
Motion for a resolution
Citation 23 b (new)
Citation 23 b (new)
– having regard to the proposal for Directive of the European Parliament and of the Council on better enforcement and modernization of EU consumer protection rules (COM(2018) 185/3),
Amendment 11 #
2018/2008(INI)
Ca. whereas President Juncker stressed in his 2017 State of the Union Address that it is not acceptable that in some parts of Europe, people are sold food of lower quality than in other countries, despite the packaging and branding being identical;
Amendment 23 #
2018/2008(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that results of various tests conducted in several Member States have proven that there are differences between products which are advertised and distributed in the single market under the same brand and with the same packaging; Notes that according to a survey10a conducted for a national competent authority, a vast majority of consumers are bothered about such differences; _________________ 10a Survey of the Czech Agriculture and Food Inspection Authority conducted in 2016. http://www.szpi.gov.cz/clanek/tz- 2016-vyzkum-cesky-spotrebitel-zada- stejne-kvalitni-potraviny-jako- evropsky.aspx
Amendment 48 #
2018/2008(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes note of the mandate given by the European Council to the High Level Forum for a Better Functioning Food Supply Chain to address the issue of dual quality; encourages Member States and their competent authorities to actively participate in ongoing initiatives, including the development of a common methodology and collection of further evidence; Stresses the need for active involvement of parties representing consumers' interests, including representatives of consumer organizations and research organizations that have conducted product tests in Member States; Regrets that the European Parliament has been neither involved nor properly informed of the progress made so far;
Amendment 54 #
2018/2008(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the adoption by Parliament of a pilot project for 2018 that will involve a series of market investigations into several categories of consumer products to assess different aspects of dual quality; Believes that this pilot project should continue in 2019 to deepen the knowledge and cover also non- food sector; Calls for stronger involvement of Members of the European Parliament to oversee this pilot project;
Amendment 69 #
2018/2008(INI)
Motion for a resolution
Subheading 1
Subheading 1
Commission Notice and application of EU consumer protection law to issues of dual quality of products
Amendment 70 #
2018/2008(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes note of the Commission Notice on the application of EU food and consumer laws to dual quality products; points out that this notice is intended to help national authorities to determine whether a company is breaking EU food and consumer laws when selling products of dual quality in different countries; points out that the Notice’s step-by-step approach for the identification by national authorities of whether producers are in breach of EU law currently seems inapplicable, in particular when national enforcers have to apply a case-by-case assessment of the likely impact of the practice on the average consumer's economic behaviour;
Amendment 92 #
2018/2008(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes that the Commission invites competent authorities to perform market tests that involve product comparisons across different regions and countries; highlights, however, that according to the Commission, such tests should be carried out with a common testing approach which has not been adopted yet; Stresses the need to stick to the timetable so that the results of the testing carried out under a common testing approach are made available and analysed by end of this year;
Amendment 101 #
2018/2008(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls that the European Parliament has repeatedly called on the Commission to determine whether a dual quality has negative repercussions for local and regional production, in particular SMEs; regrets that no data have been presented by the Commission so far;
Amendment 102 #
2018/2008(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Underlines that counterfeiting of branded products exposes consumers to health and safety risks, undermines consumer confidence in the brands and leads to loss of revenue for producers; Notes that range of counterfeit products recovered in the EU remains broad and includes nearly all types of goods;
Amendment 103 #
2018/2008(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is concerned about restrictions placed on traders when it comes to purchasing goods that may have a negative effect on consumer choice; urges the Commission to identify factors that contribute to a fragmentation of the single market in goods, in particular territorial supply constraints and their implication and restrict consumer's ability to benefit fully from the single market, in particular territorial supply constraints and their implications; calls on the Commission to pursue such cases, where it finds, or suspects, a breach of the competition rules;
Amendment 105 #
2018/2008(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Recalls that according to the Commission, studies made on brand loyalty demonstrate that brands act in the mind of consumers as a certificate for a controlled and constant quality; agrees with the Commission that this explains why some consumers may expect branded products to be of equivalent quality if not exactly the same wherever and whenever purchased and brand owners to inform them when they decide to change any important element of the composition of their products; considers therefore, that the provision of any additional information, although in the principal field of vision of a package, is insufficient unless the consumer clearly understands that the product in question differs from products of a same brand sold in another Member States;
Amendment 108 #
2018/2008(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Takes note of the arguments that products may differ due to regional consumer preferences; Believes that consumer preferences should not be used as an excuse for lowering quality and/or offering different quality grades on different markets; stresses that consumers must be transparently informed and aware of this adjustment for each individual product and not only in general terms, that this "established practice" exists;
Amendment 110 #
2018/2008(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Strongly disagrees with arguments on the need to optimize composition and/or quality of branded products in order to meet consumers’ price expectations;
Amendment 111 #
2018/2008(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that national competent authorities can select samples and perform tests only on the territory of their Member State; stresses the importance, therefore, of enhanced, effective and transparent cooperation between national consumer protection and food authorities and the Commission; welcomes the adoption of the revised Consumer Protection Cooperation Regulation11that strengthens investigation and enforcement powers, improves information and data exchange and access to any relevant information and establishes harmonized rules setting out the procedures for the coordination of investigation and enforcement measures in this regard; _________________ 11 Regulation (EU) 2017/2394; OJ L 345, 27.12.2017, p. 1.
Amendment 119 #
2018/2008(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Is convinced, that in case a company intends to place on the market of different Member States product that differs in certain characteristics, such a product cannot be labelled and branded in a seemingly identical manner;
Amendment 123 #
2018/2008(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises the value of public debate that leads to increased consumer awareness about products and their characteristics; notes that some manufacturers and owners of private labels have already announced changes to recipes; highlights the role of industry in improving transparency with regard to product composition and quality and its changes;
Amendment 142 #
2018/2008(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls for the increased support of national consumer organizations, so they can build capacity, develop their testing activities and contribute, alongside with competent authorities, to tracking and exposing situations of unfair product differentiation;
Amendment 150 #
2018/2008(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the experiences of competent authorities thus far suggest that they have been unable individually to tackle effectively any specific cases of dual quality at national level, also due to absence of an explicit legal provision on EU level;
Amendment 177 #
2018/2008(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission, therefore, to amend Annex I to the UCPD by introducing another item onto the ‘blacklist’ and explicitly mention dual quality of identically branded products when discriminatory and not respecting consumer expectations;
Amendment 182 #
2018/2008(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Emphasises that the outcome of the legislative process should be a clear definition of what can be considered as dual quality and how each case should be assessed and addressed by competent authorities;
Amendment 184 #
2018/2008(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to extend the mandate given to the Joint Research Centre to work on a European-wide harmonised methodology for comparing characteristics of non-food products in the near futureas well as on guidelines to improve product transparency through for instance codes of conduct within one year;
Amendment 17 #
2018/0332(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Member States chose in the past to introduce summer-time arrangements at national level. It was, therefore, important for the functioning of the internal market that a common date and time for the beginning and end of the summer-time period be fixed throughout the Union. In accordance with Directive 2000/84/EC of the European Parliament and of the Council21 , all Member States currently apply summer-time arrangements frombiannual seasonal changes to time. Standard time is switched to summer-time on the last Sunday in March and it is applied until the last Sunday in October of the same year, after which Member States return to standard time. _________________ 21 Directive 2000/84/EC of the European Parliament and of the Council on summer- time arrangements (OJ L 31, 2.2.2001, p. 21).
Amendment 21 #
2018/0332(COD)
Proposal for a directive
Recital 2
Recital 2
(2) In its resolution of 8 February 2018, the European Parliament called on the Commission to conduct an assessment of the summer-time arrangements provided by Directive 2000/84/EC and, if necessary, to come up with a proposal for its revision. That resolution also confirmed that it is essential to maintain a harmonised approach to time arrangements throughout the Union, and noted that numerous scientific studies have indicated the existence of negative effects to human health.
Amendment 24 #
2018/0332(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The Commission has examined available evidence, which points to the importance of having harmonised Union rules in this area to ensure the proper functioning of the internal market and avoid, inter alia, disruptions to the scheduling of transport operations and the functioning of information and communication systems, higher costs to cross-border trade, or lower productivity for goods and services. Evidence is not conclusive as to whether the benefits of summer-time arrangements outweigh the negative impacts and inconveniences linked to a biannual change of time.
Amendment 25 #
2018/0332(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) Numerous studies, however, suggest that the benefits of seasonal time change, such as energy savings, have been overestimated, while the negative impacts, for example, on human biorhythm and health, have been underestimated.
Amendment 30 #
2018/0332(COD)
Proposal for a directive
Recital 4
Recital 4
(4) A lively public debate is taking place on summer-time arrangements and snumber of citizens' initiatives have highlighted citizens' concerns about the biannual clock change. Some Member States have already expressed their preference to discontinue the application of such arrangements. In the light of these developments, it is necessary to continue safeguarding the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between Member States in this area. Therefore, it is appropriate to put an end in a coordinated way to summer-time arrangements in a harmonised and coordinated way.
Amendment 31 #
2018/0332(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4 a) Territories of the Member States on the European continent are grouped over three different time zones or standard times. These are Greenwich Mean time (GMT), Central European Time (GMT+1) and Eastern European Time (GMT+2). Member States should consult citizens and stakeholders before changing their time zone.
Amendment 32 #
2018/0332(COD)
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4 b) For the purpose of ensuring a harmonised implementation of this Directive, Member States should make efforts to avoid illogical time zones and unnecessary disruptions to the internal market. Member States should consult each other and coordinate envisioned time zone changes. Member States should indicate to the Commission a contact point for this purpose. At the request of the Member States, the Commission should facilitate the coordination.
Amendment 39 #
2018/0332(COD)
Proposal for a directive
Recital 5
Recital 5
(5) This Directive should not prejudice the right of each Member State to decide on the standard time or times for the territories under its jurisdiction and falling under the territorial scope of the Treaties, and on further changes thereto. However, in order to ensure that the application of summer-time arrangements by some Member States only does not disrupt the functioning of the internal market, Member States should refrain from changing the standard time in any given territory under their jurisdiction for reasons related to seasonal changes, be such change presented as a change of time zone. Moreover, in order to minimise disruptions, inter alia, to transport, communications and other concerned sectors, they should notify the Commission in due time of their intention to change their standard time and subsequently apply the notified changesMember States that intend to change their time zone should notify the Commission 12 months before the time zone change takes effect. The Commission should, on the basis of that notification, inform all other Member States so that they can take all necessary measures. It should also inform the general public and stakeholders by publishing this information.
Amendment 42 #
2018/0332(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Therefore, it is necessary to put an end to the harmonisation of the period covered by summer-time arrangements as laid down in Directive 2000/84/ECrepeal Directive 2000/84/EC concerning summer-time arrangements and to introduce common rules preventing Member States from applying different seasonal time arrangements by changing their standard time more than once during the year and future, and to establishing the obligation to notify envisaged changes tof the standard time, as divergence in Member States' time arrangements would severely disrupt the functioning of the internal market. This Directive aims at contributing in a determined manner to the smooth functioning of the internal market and should, consequently, be based on Article 114 of the Treaty on the Functioning of the European Union, as interpreted in accordance with the consistent case-law of the Court of Justice of the European Union.
Amendment 47 #
2018/0332(COD)
Proposal for a directive
Recital 7
Recital 7
(7) This Directive should apply from 1 April 2019, so that the last summer-time period subject to the rules of Directive 2000/84/EC should start28 October 2019. However, in order to allow enough time for a smooth application of this Directive, seasonal time changes subject to the rules of Directive 2000/84/EC should still be applied in 2020 so that the last biannual clock change should take place, in every Member State, at 1.00 a.m., Coordinated Universal Time, on 31 March 2019. Member Sta25 October 2020. If aftesr that, after that summer-time period, intend to adopt a standard time corresponding to the time applied during the winter season in accordance with Directive 2000/84/EC should change their standard time at 1.00 a.m., Coordinated Universal Time, on 27 October 2019, date Member States wish to adopt a different time zone as a new standard time they should do so in a concerted manner so that similar and lasting changes occurring in different Member States take place simultaneously. It is desirable that Member States take the decisions on the standard time that each of them will apply as from 2019 in a concerted manner.
Amendment 59 #
2018/0332(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. Notwithstanding paragraph 1, Member States mayshall still apply abiannual seasonal changes of their standard time or times in 2019, provided that they do so and 2020. The last seasonal time change shall take place at 1.00 a.m., Coordinated Universal Time, on 275 October 2019. The Member States shall notify this decision in accordance with Article 20.
Amendment 63 #
2018/0332(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Without prejudice to Article 1, if a Member State decides to change its standard time or times in any territory under its jurisdiction, it shall ensure a coordinated approach with other Member States to guarantee the proper functioning of the internal market. It shall notify the Commission at least 612 months before the change takes effect. Where a Member State has made such a notification and has not withdrawn it at least 612 months before the date of the envisaged change, the Member State shall apply this change.
Amendment 72 #
2018/0332(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Commission shall report to the European Parliament and to the Council on the implementation of this Directive by 31 December 20245 at the latest.
Amendment 78 #
2018/0332(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall provide the Commission with the relevant information by 30 April 20245 at the latest.
Amendment 81 #
2018/0332(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by 1 April28 October 2019 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 86 #
2018/0332(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
They shall apply those provisions from 1 April28 October 2019.
Amendment 94 #
2018/0332(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Directive 2000/84/EC is repealed with effect from 1 April28 October 2019.
Amendment 49 #
2018/0231(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The internal market has to continuously adapt to a rapidly changing environment of digital revolution and globalisation. A new era of digital innovation continues to provide opportunities for businesses and individuals, creates new products and business models but equally constitutes a challenge to regulation and enforcement and safety of consumers.
Amendment 90 #
2018/0231(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Public procurement is used by public authorities to ensure value for public money spent and to contribute to a more innovative, sustainable, inclusive and competitive internal market, including by applying criteria other than simply the lowest price or cost effectiveness, taking into account qualitative, environmental and/or social aspects. Directive 2014/23/EU of the European Parliament and of the Council49 , Directive 2014/24/EU of the European Parliament and of the Council50 and Directive 2014/25/EU of the European Parliament and of the Council51 provide the legal framework for the integration and effective functioning of the public procurement markets representing 14% of Union’s gross domestic product, to the benefit of public authorities, businesses as well as citizens, including consumers. The Programme should therefore support measures to ensure a wider uptake of strategic public procurement, the professionalisation of public buyers, to facilitate and improved access to procurement markets for SMEs and microenterprises, in particular through advisory services and training, increase of transparency, integrity and better data, boosting the digital transformation of procurement and promotion of joint procurement, through strengthening a partnership approach with the Member States, improving data gathering and data analysis including through development of dedicated IT tools, supporting exchange of experiences and good practices, referencing European and international standards, providing guidance, pursuing beneficial trade agreements, strengthening cooperation among national authorities and launching pilot projects. _________________ 49 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1). 50 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 51 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
Amendment 117 #
2018/0231(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) European standards play an important role in the internal market. They are of vital interest for the competitiveness of undertakings, and especially SMEs. They are also a crucial tool to support Union legislation and policies in a number of key areas such as energy, climate change, information and communication technology, sustainable use of resources, innovation, product safety, consumer protection, worker's safety and working conditions and ageing population, thus positively contributing to the society as a whole. However, experience has shown that improvement is needed regarding the speed and timeliness in the elaboration of standards and more efforts should be done in order to include weaker stakeholders representing consumers, environment and workers' interests.
Amendment 132 #
2018/0231(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) A high level of health protection through the food supply chain is necessary to allow the internal market to operate efficiently and smoothly. A safe and sustainable food supply chain is a prerequisite for society and for the internal market. Cross border health crises and food scares disrupt the functioning of the internal market by limiting the movements of persons and goods and disrupting production. It is of utmost importance to prevent cross border health crises and food scares; therefore, the Programme should support concrete actions, such as establishing emergency measures in the event of crisis situations and unforeseeable events affecting animal and plant health.
Amendment 139 #
2018/0231(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) OIn view of an increasingly globalised food chain, official controls carried out by the Member States are now more than ever an essential tool for verifying and monitoring that relevant Union requirements are being implemented, complied with and enforced, especially as regards imported food products. The effectiveness and efficiency of official control systems is vital for maintaining a high level of safety for humans, animals and plants along the food chain, as well as consumer confidence, whilst ensuring a high level of protection of the environment and of animal welfare. Union financial support should be made available for such control measures. In particular, a financial contribution should be available to Union reference laboratories in order to help them bear the costs arising from the implementation of work programmes approved by the Commission. Moreover, since the effectiveness of official controls also depends on the availability to the control authorities of well trained staff with an appropriate knowledge of Union law, the Union should be able to contribute to their training and relevant exchange programmes organised by competent authorities.
Amendment 152 #
2018/0231(COD)
Proposal for a regulation
Recital 75 a (new)
Recital 75 a (new)
(75a) In order to supplement certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the adoption of work programme(s).
Amendment 189 #
2018/0231(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) contributing to a high level of health for humans, animals and plants along the food chain and in related areas, including by preventing and eradicating diseases and pests, also by means of emergency measures in the event of large- scale crisis situations and unforeseeable events affecting animal or plant health, and to support the improvement of the welfare of animals as well as a sustainable food production and consumption;
Amendment 191 #
2018/0231(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The financial envelope for the implementation of the Programme for the period 2021 to 2027 shall be EUR 4 088 586 563 000 000 in current prices.
Amendment 192 #
2018/0231(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) EUR 1 0003 122 000 000 to the objective referred to in Article 3(2)(b);
Amendment 193 #
2018/0231(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) EUR 1898 000 000 to the objective referred to in Article 3(2)(d)(i);
Amendment 194 #
2018/0231(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) EUR 394 590 000 to the objective referred to in Article 3(2)(a)(i);
Amendment 195 #
2018/0231(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d b (new)
Article 4 – paragraph 2 – point d b (new)
(db) EUR 220 510 000 to the objective referred to in Article 3(2)(c)
Amendment 226 #
2018/0231(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) for actions in the area of market surveillance implementing the specific objective referred to in Article 3(2)(a)(ii) of this Regulation, the market surveillance authorities of the Member States as referred to in Article 17 of Regulation (EC) No 765/2008 and Article 11 of [Proposal for a Regulation of the European Parliament and of the Council laying down rules and procedures for compliance with and enforcement of Union harmonisation legislation on products]97 ; _________________ 97 COM(2017) 795 final
Amendment 227 #
2018/0231(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) for actions in the area accreditation and market surveillance implementing the specific objective referred to in Article 3(2)(a)(ii) of this Regulation, the body recognised under Article 14 of Regulation (EC) No 765/2008 to carry out the activities referred to in Article 32 of Regulation (EC) No 765/2008;
Amendment 233 #
2018/0231(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. For actions implementing the specific objective referred to in Article 3(2)(a)(ii) of this Regulation with reference to market surveillance authorities of the Member States and of the third countries associated to the Programme and with reference to Union testing facilities as referred to in Article 20 of [Proposal for a Regulation of the European Parliament and of the Council laying down rules and procedures for compliance with and enforcement of Union harmonisation legislation on products], the Programme may finance up to 100% of eligible costs of an action, provided that the co-financing principle as defined in the Financial Regulation is not infringed.
Amendment 235 #
2018/0231(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Programme shall be implemented byCommission is empowered to adopt delegated acts pursuant to Article 20, supplementing this Regulation, in order to adopt work programme(s) referred to in Article 110 of the Financial Regulation. Work programmes shall set out, where applicable, the overall amount reserved for blending operations.
Amendment 252 #
2018/0231(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 9, 10, 16 and 17 shall be conferred on the Commission until 31 December 2028.
Amendment 254 #
2018/0231(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The delegation of power referred to in Articles 9, 10, 16 and 17 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 256 #
2018/0231(COD)
Proposal for a regulation
Article 20 – paragraph 6
Article 20 – paragraph 6
6. A delegated act adopted pursuant to Articles 9, 10, 16 and 17 shall enter into force if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 86 #
2018/0227(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
Amendment 122 #
2018/0227(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Financial interventions by the Union under Specific Objective 2 of the Programme shall not be used for military purposes.
Amendment 132 #
2018/0227(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d a (new)
Article 6 – paragraph 1 – point d a (new)
(da) support the mission, objectives and tasks of the European Cybersecurity Industrial, Technology and Research Competence Centre1a in so far as the objectives under Article 3 of this Programme are concerned. _________________ 1a Proposal for a regulation establishing the European Cybersecurity Industrial, Technology and Research Competence Centre and the Network of National Coordination Centres of 12 September 2018, 2018/0328(COD)
Amendment 72 #
2018/0112(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) It is important to note that the term “business users”, and by extension the scope of this Regulation, should also cover individuals working or providing services by personally performing work via online platforms. This is not only about SMEs but also about people who may be categorised as independent economic entities or self-employed. Due to the rising number of individuals employed in this way in the economy it is vital that they are also covered and able to rely on the possibility of seeking redress. They should have the right to participation in the process of setting prices and working conditions by platforms as they are vulnerable to arbitrary delisting, a lack of access to personal data and discrimination.
Amendment 81 #
2018/0112(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Online intermediation services and online search engines, as well as the commercial transactions facilitated by those services, have an intrinsic cross- border potential and are of particular importance for the proper functioning of the Union’s internal market in today’s economy. The potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market. In addition, the full realisation of that potential is hampered, and the proper functioning of the internal market is negatively affected, by diverging laws of certain Member States which, with a varying degree of effectiveness, regulate those services, while other Member States are considering adopting such laws.
Amendment 88 #
2018/0112(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
Amendment 101 #
2018/0112(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) A wide variety of business-to- consumer commercial relations are intermediated online by providers operating multi-sided services that are essentially based on the same ecosystem- building business model. In order to capture the relevant services, online intermediation services should be defined in a precise and technologically-neutral manner. In particular, the services should consist of information society services, which are characterised by the fact that they aim to facilitate the initiating of direct transactions between business users and consumers, irrespective of whether the transactions are ultimately concluded either online, on the online portal of the provider of the online intermediation services in question or that of the business user, or offline, meaning that there is no requirement for any contractual relationship between the business users and consumers as a precondition for the inclusion of an online intermediation service within the scope of this Regulation. In addition, the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and the consumers. Such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner, without an express written agreement necessarily being required. Such a contractual relationship between the providers of online intermediation services and consumers should also be deemed to exist in cases where the services are supplied to the consumer against the provision of personal data or other data by the consumer.
Amendment 120 #
2018/0112(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) For reasons of consistency, the definition of online search engine used in this Regulation should be aligned with the definition used in Directive (EU) 2016/1148 of the European Parliament and of the Council21. The definition should be technology neutral and include voice queries, as well as, queries in written format. _________________ 21 Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).
Amendment 126 #
2018/0112(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to effectively protect business users where needed, this Regulation should apply where the terms and conditions of a contractual relationship, regardless of twheir name or form, are not individually negotiated by the parties to them. Whether or not terms and conditions were individually negotiated should be determined on the basis of an overall assessment, whereby the fact that certain provisions thereof may have been individually negotiated is, in itself, not decisivether terms were individually negotiated or not.
Amendment 133 #
2018/0112(COD)
(13) To ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use, termination and suspension of online intermediation services, and to achieve predictability regarding their business relationship, those terms and conditions should be drafted in clear and unambiguous language which is easily understood by an average business user. Terms and conditions should not be considered to have been drafted in clear and unambiguous language where they are vague, unspecific or lack detail on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship. Online intermediation services should not engage in unfair commercial practices, which enhance their superior bargaining power, violate good commercial conduct or contribute to transfer costs and risk unilaterally to their business users. Online intermediation services should ensure that the general terms and conditions they offer are objective, non- discriminatory, fair and reasonable.
Amendment 148 #
2018/0112(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) A provider of online intermediation services can have legitimate reasons to decide to suspend, delist or terminate the provision of its services, in whole or in part, to a given business user, including by delisting individual goods or services of a given business user or effectively removing search results. However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed of the reasons thereofIt can also be under a legal obligation to remove certain content, or to suspend or terminate the provision of its services in whole or in part. However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed in advance of the termination or suspension, except for in cases where a provider of online intermediation services is under a legal obligation to terminate its services immediately. There could also be cases in which the provider of the online intermediation service is not under a legal obligation to terminate its services, for example due to illegal or unsafe products or services being marketed, but where the provider has reasonable doubts regarding the safety of a product or service, counterfeiting, fraud, or suitability of the product or service to minors. In such cases, it should be possible for the provider of the online intermediation service to act immediately to protect consumers. However, in these exceptional cases where services could be terminated immediately, the business user should in any case be provided with a statement of reasons for the termination of the service. The statement of reasons should allow business users to ascertain whether there is scope to challenge the decision, thereby improving the possibilities for business users to seek effective redress where necessary. In addition, requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content, in line with Commission Recommendation (EU) No 2018/33422. The statement of reasons should identify the objective ground or grounds for the decision, based on the grounds that the provider had set out in advance in its terms and conditions, and refer in a proportionate manner to the relevant specific circumstances that led to that decision, except in cases where a provider of online intermediation services is under a legal obligation not to disclose them. _________________ 22 Commission Recommendation (EU) No 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).
Amendment 171 #
2018/0112(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Providers of online search engines often allow the ranking of search results to be influenced against forms of remuneration paid by corporate website users. Clear details regarding such practice should be made publicly available for corporate website users and consumers to understand the effects of remuneration on ranking. Nevertheless, search results whose placement in the ranking has been influenced by forms of payment should be clearly flagged, making them easily distinguishable from other search results where remuneration was not paid.
Amendment 181 #
2018/0112(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services, or does so through a business user which it controls, that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider. In such situations, in particular, it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment, whether through legal, commercial or technical means, that it might give in respect of goods or services it offers itself compared to those offered by business users. To ensure proportionality, this obligation should apply at the level of the overall online intermediation services, rather than at the level of individual goods or services offered through those services. Providers of online intermediation services should ensure that any differentiated treatment is objectively justifiable and non-discriminatory.
Amendment 185 #
2018/0112(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) As online intermediaries often own more than one platform or website, they should inform business users that sign a contract for listing with them of which platforms or websites the listing is displayed on.
Amendment 190 #
2018/0112(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
Amendment 191 #
2018/0112(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) Business users should be able to transfer their online reputation, such as ratings and reviews accumulated with one provider of online intermediation services, to alternative providers of similar services with a comparable system of online reputation. The portability of business users’ reputation will enable for greater competition between providers, giving access to a wider choice to both business users and consumers alike.
Amendment 222 #
2018/0112(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) Breaches of the provisions of this Regulation will in certain instances require a rapid and flexible enforcement. Enforcement bodies set up or nominated by Member States should be responsible for the enforcement of this Regulation in an adequate and effective manner. The enforcement bodies should be established in addition to the procedure for judicial proceedings by representative organisations set out in this Regulation. The decisions made by enforcement bodies could be challenged in judicial proceedings according to relevant national legislation.
Amendment 224 #
2018/0112(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) The Commission, with input from the Platform Observatory, should draw up a list of unfair commercial practices. Certain unilaterally imposed practices by online intermediaries on business users can be considered unfair in all circumstances and harmful to the legitimate interests of their businesses users and, ultimately, also of consumers in the Union.
Amendment 244 #
2018/0112(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘business user’ means any natural or legal person which through online intermediation services offers goods or services to consumers for purposes relating to its trade, business, craft or profession, including individuals working or providing services by personally providing work via online intermediation services;
Amendment 271 #
2018/0112(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘online search engine’ means a digital service that allows users to perform searches of, in principle, all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword, phrase or other input, such as a voice command, and returns links in which information related to the requested content can be found;
Amendment 307 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) set out the objective grounds for decisions to suspend or terminate, terminate or impose any other kind of sanction upon, in whole or in part, the provision of their online intermediation services to business users.
Amendment 358 #
2018/0112(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a provider of online intermediation services decides to suspend or, terminate, or restrict in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user or users concerned, without undue delay, with a statement of reasons for that decision.
Amendment 362 #
2018/0112(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Paragraph 1 shall also not apply where the provider of online intermediation services acts to protect consumers on the basis of reasonable doubt regarding the safety of a product or service, counterfeiting, fraud, or suitability of the product or service to minors. In such cases, the business user shall be notified without undue delay and be provided with a statement of reasons for that decision.
Amendment 370 #
2018/0112(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The statement of reasons referred to in paragraph 1 or 1a shall contain a reference to the specific facts or circumstances that led to the decision of the provider of online intermediation services, as well as a reference to the applicable objective ground or grounds for that decision referred to in Article 3(1)(c).
Amendment 410 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking, and the reasons for the relative importance of those main parameters as opposed to other parameters by providing an easily and publicly available description, drafted in clear and unambiguous language on the online search engines of those providers. They shall keep that description up to date. Where those main parameters include the possibility to influence ranking against any direct or indirect remuneration paid by corporate website users to the provider of online search engine services considered, that provider of search engine services shall also include in its terms and conditions a description of those possibilities and of the effects of such remuneration on ranking.
Amendment 427 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Providers of online intermediation services and providers of online search engines shall, when complying with the requirements of this Article, not be required to disclose any trade secrets as defined in Article 2(1) of Directive (EU) 2016/943information that with reasonable certainty would result in the deception of consumers or enable the manipulation of search results.
Amendment 518 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Business users shall have the right to receive ratings, reviews or any other data concerning themselves that they have accumulated on online intermediation services, regardless of whether they have provided such data to the provider of online intermediation services, in a structured, commonly used and machine- readable format. They shall have the right to transfer such data to another provider of similar online intermediation services with a comparable system of ratings and reviews. Where technically feasible, business users shall have the right to have such data transmitted directly from one provider of online intermediation services to another.
Amendment 524 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The provider of the online intermediation service shall not for commercial purposes disclose to third parties, including within their corporate structure, data generated by the transactions of a business user without the explicit consent of the business user.
Amendment 539 #
2018/0112(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Providers of online intermediation services shall provide, at the request of the business user, full disclosure of all platforms and websites which are owned and operated by the intermediary where a business user's products or services are listed.
Amendment 540 #
2018/0112(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Restrictions imposed by online intermediation services on business users to offer different conditions through other means must be transparent, fair and proportionate or will be considered null and void.
Amendment 566 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) process complaints swiftly and effectively, taking into account the importance and complexity of the issue raised, but in any case, providing a first response within 15 days;
Amendment 590 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
That information shall include the total number of complaints lodged, types of problems faced by business users, the subject- matter of the complaints, the time period needed to process the complaints and the decision taken on the complaints.
Amendment 646 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. Providers of online intermediation services shall publish information annually to the general public in an easily accessible format specifying the number of cases undertaken, the nature of the complaints, and the results of those complaints.
Amendment 661 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Member States shall ensure that their relevant public bodies or other authorities set up a registry of unlawful acts which have been subject to injunction orders before national courts in order to provide a basis for best practice and information to other Member State public bodies or other authorities.
Amendment 699 #
2018/0112(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall encourage and monitor the drawing up of codes of conduct by providers of online intermediation services and by organisations and associations representing them, including the consultation and involvement of SME organisations and platform workers' representatives regarding the content of such codes, intended to contribute to the proper application of this Regulation, taking account of the specific features of the various sectors in which online intermediation services are provided, as well as of the specific characteristics of micro, small and medium-sized enterprises.
Amendment 705 #
2018/0112(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Enforcement authorities 1. The public body nominated or set up according to Article 12, paragraph 2, subparagraph 2 shall be responsible for the adequate and effective enforcement of this Regulation. 2. Member States shall lay down rules setting out the measures applicable to infringements of the provisions of this Regulation and shall ensure that they are implemented. The measures provided for shall be effective, proportionate and dissuasive. 3. The public body shall give guidance to business users in detecting unfair practices from platforms. 4. The public bodies referred to in paragraph 1 shall be communicated to the Commission and made publicly available on the Commission's website.
Amendment 716 #
2018/0112(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The first evaluation of this Regulation shall be carried out, in particular, with a view to assessing the compliance with, and impact on the online platform economy of, the obligations laid down in Articles 5, 6, 7 and 8, and whether additional rules, including regarding enforcement, may be required to ensure a fair, predictable, sustainable and trusted online business environment within the internal market. The first evaluation shall also:
Amendment 717 #
2018/0112(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a (new)
Article 14 – paragraph 2 – point a (new)
(a) assess, with input from Platform Observatory, the prevalence and impact of unfair commercial practices and consider whether a ban on a selected number of unfair commercial practices would be appropriate.
Amendment 718 #
2018/0112(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b (new)
Article 14 – paragraph 2 – point b (new)
(b) assess the impact of discrimination by online intermediary services and search engines favouring their own services and products over competing services and products.
Amendment 721 #
2018/0112(COD)
Proposal for a regulation
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4a. Following the evaluation, the Commission shall, where necessary, present relevant legislative proposals.
Amendment 36 #
2018/0111(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The public sector at national, regional and local levels in the Member States collects, produces, reproduces and disseminates a wide range of information in many areas of activity, such as social, economic, geographical, weather, tourist, business, patent and educational information. Documents produced by public sector bodies of executive, legislative or judicial nature constitute a vast, diverse and valuable pool of resources that can benefit the knowledge economy.
Amendment 37 #
2018/0111(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information established a minimum set of rules governing the re-use and the practical means of facilitating re-use of existing documents held by public sector bodies of the Member States , including executive, legislative and judicial bodies . Since the adoption of the first set of rules on re-use of public sector information , the amount of data in the world, including public data, has increased exponentially and new types of data are being generated and collected. In parallel, we are witnessing a continuous evolution in technologies for analysis, exploitation and processing of data such as Artificial Intelligence, machine learning and Internet of Things. This rapid technological evolution makes it possible to create new services and new applications, which are built upon the use, aggregation or combination of data. The rules originally adopted in 2003 and later amended in 2013 no longer keep pace with these rapid changes and as a result the economic and social opportunities offered by re-use of public data risk being missed.
Amendment 41 #
2018/0111(COD)
(13) OCoupled with strong data protection policies where appropriate, open data policies which encourage the wide availability and re-use of public sector information for private or commercial purposes, with minimal or no legal, technical or financial constraints, and which promote the circulation of information not only for economic operators but also for the public, can play an important role in kick-starting the development of new services based on novel ways to combine and make use of such information, stimulate economic growth and promote social engagement.
Amendment 45 #
2018/0111(COD)
Proposal for a directive
Recital 19
Recital 19
(19) The Directive lays down an obligation for Member States to make all documents re-usable unless access is restricted or excluded under national rules on access to documents and subject to the other exceptions laid down in this Directive, such as on the grounds of protection of personal data or national security. The Directive builds on the existing access regimes in the Member States and does not change the national rules for access to documents. It does not apply in cases in which citizens or companies can, under the relevant access regime, only obtain a document if they can prove a particular interest. This Directive does not set any minimum or maximum data retention obligation, applicable national rules will apply. At Union level, Articles 41 (right to good administration) and 42 of the Charter of Fundamental Rights of the European Union recognise the right of any citizen of the Union and any natural or legal person residing or having its registered office in a Member State to have access to European Parliament, Council and Commission documents. Public sector bodies should be encouraged to make available for re-use any documents held by them. Public sector bodies should promote and encourage re- use of documents, including official texts of a legislative and administrative nature in those cases where the public sector body has the right to authorise their re-use.
Amendment 47 #
2018/0111(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Directive 2003/98/EC should therefore be amended in order to ensure that its provisions can be applied to the re- use of documents produced in the performance of services in the general interest by public undertakings pursuing one of the activities referred to in Articles 8 to 14 of Directive 2014/25/EU of the European Parliament and of the Council33 , as well as by public undertakings acting as public service operators pursuant to Article 2 of Regulation (EC) No 1370/2007 of the European Parliament and the Council on public passenger transport services by rail and by road, public undertakings acting as air carriers fulfilling public service obligations pursuant to Article 16 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community, and public undertakings acting as Community shipowners fulfilling public service obligations pursuant to Article 4 of Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage). , without creating an obligation for the public undertakings. _________________ 33 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
Amendment 48 #
2018/0111(COD)
Proposal for a directive
Recital 22
Recital 22
(22) This Directive shoulddoes not contain an obligation to allow the re-use of documents produced by public undertakings. The decision whether or not to authorise re-use shouldof any or all documents, within the scope of this directive, remains with the public undertaking concerned. Only after the public undertaking has chosen to make a document available for re-use, should it observe the relevant obligations laid down in Chapters III and IV of this Directive, in particular as regards formats, charging, transparency, licences, non-discrimination and prohibition of exclusive arrangements. On the other hand, the public undertaking is not required to comply with the requirements laid down in Chapter II, such as the rules applicable to processing of requests.
Amendment 50 #
2018/0111(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Public sector bodies are increasingly making their documents available for re-use in a proactive manner, by ensuring online discoverability and actual availability of both metadata and the underlying content. Documents should also be made available for re-use following a request lodged by a re-user. In those cases, the time limit for replying to requests for re-use should be reasonable and in accordance with the equivalent time for requests to access the document under the relevant access regimes. Public undertakings, educational establishments, research performing organisations and research funding organisations should however be exempt from this requirement. Reasonable time limits throughout the Union will stimulate the creation of new aggregated information products and services at pan-European level. This is particularly important for dynamic data ( including traffic data , satellite data, weather data ), the economic value of which depends on the immediate availability of the information and of regular updates. Dynamic data should therefore be made available immediately after collection, via an Application Programming Interface so as to facilitate the development of internet, mobile and cloud applications based on such data. Whenever this is not possible due to technical or financial constraints, public sector bodies should make the documents available in a timeframe that allows their full economic potential to be exploited. Should a licence be used, the timely availability of documents may be a part of the terms of the licence. However, there are considerable differences among Member States in this area, with 22 out of 28 Member States using API traffic less than 10 %. In this sense, additional practical support is necessary for many public sector bodies across Europe to move towards web-based use of dynamic data and APIs in general. Consequently, this Directive and the Digital Europe Programme COM(2018) 434 need to be fully consistent with one another.
Amendment 57 #
2018/0111(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Charges for the re-use of documents constitute an important market entry barrier forHeterogeneous practices in terms of charging persists not only between Member States, but also between public bodies within the same Member State. Charges for the re-use of documents negatively affect the extent of public sector information re-use by start-ups and SMEs. Documents should therefore be made available for re-use without charges and,or where charges are necessary made, they should in principle be limited to the marginal costs relating to the collection, production, reproduction, dissemination, storage and where applicable, anonymisation of certain documents for re-use. In exceptional cases , the necessity of not hindering the normal running of public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks should be taken into consideration. The role of public undertakings in a competitive economic environment should also be acknowledged. In such cases, public sector bodies and public undertakings should therefore be able to charge above marginal costs. Those charges should be set according to objective, transparent and verifiable criteria and the total income from supplying and allowing re-use of documents should not exceed the cost of collection, production, reproduction and dissemination, together with a reasonable return on investment. Where applicable, the costs of anonymisation of personal data or of commercially sensitive information should also be included in the eligible cost. The requirement to generate revenue to cover a substantial part of the public sector bodies’ costs relating to the performance of their public tasks or the scope of the services of general interest entrusted with public undertakings does not have to be a legal requirement and may stem, for example, from administrative practices in Member States. Such a requirement should be regularly reviewed by the Member States.
Amendment 61 #
2018/0111(COD)
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) The return on investment can be understood as a percentage, in addition to marginal costs, allowing for the recovery of the cost of capital and the inclusion of a real rate of return. As the cost of capital is closely linked to credit institutions' interest rates, themselves based on the ECB's fixed rate on main refinancing operations, the reasonable return on investment could not be expected to be more than 5 % above the ECB's fixed interest rate.
Amendment 70 #
2018/0111(COD)
Proposal for a directive
Recital 58
Recital 58
(58) In order to set in place conditions supporting the re-use of documents which is associated with important socio- economic benefits having a particular high value for economy and society, ta list of categories for high value datasets is included in Annex IIa. The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the adoption of a list ofspecific high-value datasets among the documents to which this Directive appliesfrom the priority categories specified in Annex IIa, along with the modalities of their publication and re-use. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 71 #
2018/0111(COD)
Proposal for a directive
Recital 59
Recital 59
(59) An EU-wide list of datasets with a particular potential to generate socio- economic benefits together with harmonised re-use conditions constitutes an important enabler of cross-border data applications and services. In the process leading to the establishment of the list, according to the priority categories set out in Annex IIa, the Commission should carry out appropriate consultations, including at expert level. The list s public consultation and consultations at expert level. All interested stakehould take into account sectoral legislation that already regulates the publication of datasets, as well as the categories indicated in the Technical Annex of the G8 Open Data Charter and in the Commission's Notice 2014 /C 240/01ers including public sector bodies, public undertakings, data re-users, research organisations, civil society groups, and other representative organisations may submit suggestions for specific datasets. The list should take into account sectoral legislation that already regulates the publication of datasets.
Amendment 75 #
2018/0111(COD)
Proposal for a directive
Recital 60
Recital 60
(60) In view of ensuring their maximum impact and to facilitate re-use, the high- value datasets should be made available for re-use with minimal legal restrictions and at no cost. High value datasets should be aggregated at Union level to simplify access and promote discoverability. They should also be published via Application Programming Interfaces, whenever the dataset in question contains dynamic data.
Amendment 79 #
2018/0111(COD)
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) existing documents held by public undertakings active in the areas defined in Directive 2014/25/EU of the European Parliament and of the Council42 and by public undertakings acting as public service operators pursuant to Article 2 of Regulation (EC) No 1370/2007 of the European Parliament and of the Council43 , public undertakings acting as air carriers fulfilling public service obligations pursuant to Article 16 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council44 , and public undertakings acting as Community ship- owners fulfilling public service obligations pursuant to Article 4 of Council Regulation (EEC) No 3577/9245 . This Directive shall not contain an obligation to allow the re- use of documents produced by public undertakings. The decision whether or not to authorise re-use shall remain with the public undertaking concerned, without prejudice to applicable sectoral rules. _________________ 42 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243). 43 Regulation (EC) No. 1370/2007 of the European Parliament and of the Council of 23 October 2007on public passenger transport services by rail and by road and repealing Council Regulations (EEC)Nos 1191/69 and 1107/70. 44 Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast) (Text with EEA relevance) (OJ L 293, 31.10.2008, p. 3– 20). 45 Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) (OJ L 364, 12.12.1992, p. 7–10).
Amendment 115 #
2018/0111(COD)
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The re-use of high value datasets, the list of which shall be defined in accordance with Article 13 and Annex IIa, and of research data referred to in point (c) of Article 1(1) shall be free of charge for the user.
Amendment 122 #
2018/0111(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The re-use of documents shall be open to all potential actors in the market, even if one or more market actors already exploit added-value products based on these documents. Contracts or other arrangements between the public sector bodies or public undertakings holding the documents and third parties shall not grant exclusive rights nor any preferential use of the data.
Amendment 126 #
2018/0111(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. With a view to achieving the objectives of this Directive, ta list of categories for high value datasets is set out in Annex IIa. The Commission shall adopt the list of high value datasets among the documents to which this Directive applfrom the categories, together with the modalities of their publication and re- use.
Amendment 131 #
2018/0111(COD)
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The selection of datasets for the list referred to in paragraph 1 shall be based on the assessment of their potential to generate significant socio-economic benefits, innovation, the number of users, especially SMEs and start-ups, and the revenues they may help generate, and their potential for being combined with other datasets.
Amendment 132 #
2018/0111(COD)
Proposal for a directive
Article 13 – paragraph 7 a (new)
Article 13 – paragraph 7 a (new)
7a. For the purpose of adopting the list of high value datasets, the Commission shall carry out a public consultation with all interested stakeholders including public sector bodies, public undertakings, data re-users, research organisations, civil society groups, and other representative organisations. All interested stakeholders may submit suggestions for specific datasets within the categories defined in Annex IIa.
Amendment 139 #
2018/0111(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. No sooner than fourThree years after the date of transposition of this Directive, the Commission shall carry out an evaluation of this Directive and present a Report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The evaluation shall be conducted according to the Commission's better regulation Guidelines47 . Member States shall provide the Commission with the information necessary for the preparation of that Report . _________________ 47 SWD (2017)350 SWD (2017)350
Amendment 140 #
2018/0111(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The evaluation shall in particular address the scope and socio-economic impact of this Directive, including the extent of the increase in re-use of public sector documents to which this Directive applies , especially by SMEs, the impact of the high value datasets, the effects of the principles applied to charging and the re- use of official texts of a legislative and administrative nature, the re-use of documents held by other entities than public sector bodies, the uptake of Application Programming Interfaces, the interaction between data protection rules and re-use possibilities, as well as further possibilities of improving the proper functioning of the internal market and the development of the European data economy .
Amendment 141 #
2018/0111(COD)
Proposal for a directive
Annex II a (new)
Annex II a (new)
List of categories for high value datasets 1. Geospatial Data - Examples of datasets - Postcodes, national and local maps (cadastral, topographic, marine, administrative boundaries) 2. Earth observation and environment - Examples of datasets - Space and in situ data (monitoring of weather, land and water quality, energy consumption, emission levels) 3. Statistics - National, regional and local statistical data with main demographic and economic indicators (GDP, age, unemployment, income, education) 4. Companies - Company and business registers (lists of registered companies, ownership and management data, registration identifiers, balance sheets)
Amendment 112 #
2018/0090(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) It should be recognised that consumers increasingly rely on online platforms to make informed decisions about goods and services they may wish to purchase. As the consumer is in a weaker position than a business, in particular in case of online shopping, this reliance should be reflected by imposing legal liability upon the operators of an online marketplace if they fail to remove misleading information provided by traders once they have been notified by a supplier.
Amendment 113 #
2018/0090(COD)
Proposal for a directive
Recital 19 b (new)
Recital 19 b (new)
(19b) It should be noted that comparison websites do not necessarily rank and display products objectively by price and quality and that consumers may not be aware that online platform operators may receive payment in order to give undue prominence to a particular product or service. As a result, national regulatory bodies should monitor sectors where consumers tend to use comparison websites and undertake research to ascertain whether consumers' understanding of marketplace rankings is accurate. In the event that there are discrepancies then sector-specific action should be undertaken.
Amendment 114 #
2018/0090(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In accordance with Article 15(1) of Directive 2000/31/EC45, online marketplaces should not be required to verify the legal status of third party suppliers. Instead, the online marketplace should require third party suppliers of products on the online marketplace to indicate their status as traders or non- traderOnline marketplaces should be obliged to take reasonable steps to ensure that the services they provide are not subject to misuse, leaving consumers vulnerable. There should be an adequate level of protection consistent with the nature of the goods for the purposes of consumer law and to provide thservices sold and any actual evidence of harm aris information to the online marketplace. __________________ 45 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1)g from the sale. Specifically, they should monitor activity which suggests that a trader is purporting to be a non-trader in order to influence consumers' choices and expectations of the quality of the product or service they are purchasing.
Amendment 354 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point d a (new)
Article 6 a – paragraph 1 – point d a (new)
(da) the operator of an online marketplace shall be liable for damages arising from a failure to take reasonable steps to remove misleading information from the website after receiving notification of the misleading information by users.
Amendment 376 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4 a (new)
Article 2 – paragraph 1 – point 4 a (new)
Directive 2011/83/EU
Article 6 b (new)
Article 6 b (new)
(4a) The following Article is inserted: “Article 6b Monitoring requirements on online marketplace operators Online marketplace operators shall be obliged to take reasonable steps to ensure that the services they provide are not subject to misuse, leaving consumers vulnerable. There shall be an adequate level of protection consistent with the nature of the goods or services sold and any actual evidence of harm arising from the sale. Specifically, operators shall monitor activity which suggests that a trader is purporting to be a non-trader in order to influence consumers’ choices and expectations of the quality of the product or service they are purchasing.”
Amendment 42 #
2018/0089(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to enable qualified entities, which represent the collective interest of consumers, to seek remedy through representative actions against infringements of provisions of Union law. The qualified entities should be able to ask for stopping or prohibiting an infringement, for confirming that an infringement took place and to seek redress for the economic and non-economic damages, such as compensation, repair or price reduction as available under national laws.
Amendment 45 #
2018/0089(COD)
Proposal for a directive
Recital 3
Recital 3
(3) A representative action should offer an effective and efficient way of protecting the collective interests of consumers. It should allow qualified entities to act with the aim of ensuring compliance with relevant provisions of Union law and to overcome the obstacles faced by consumers within individual actions with regard to their generally weaker position, such as the uncertainty about their rights and available procedural mechanisms, psychological reluctance to take action and the negative balance of the expected costs and benefits of the individual action.
Amendment 51 #
2018/0089(COD)
Proposal for a directive
Recital 6
Recital 6
(6) This Directive should cover a variety of areas such as data protection, financial services, travel and tourism, energy, telecommunications, competition and environment. It should cover infringements of provisions of Union law which protect the interests of consumers, regardless of whether they are referred to as consumers or as travellers, users, customers, retail investors, retail clients or other in the relevant Union law. To ensure adequate response to infringement to Union law, the form and scale of which is quickly evolving, it should be considered, each time where a new Union act relevant for the protection of the collective interests of consumers is adopted, whether to amend the Annex to the present Directive in order to place it under its scope.
Amendment 53 #
2018/0089(COD)
Proposal for a directive
Recital 6
Recital 6
(6) This Directive should cover a variety of areas such as data protection, financial services, travel and tourism, energy, telecommunications and environment. It should cover all infringements of provisions of Union law which protect the interests of consumers, regardless of whether they are referred to as consumers or as travellers, users, customers, retail investors, retail clients, tenants or other in the relevant Union law. To ensure adequate response to infringement to Union law, the form and scale of which is quickly evolving, it should be considered, each time where a new Union act relevant for the protection of the collective interests of consumers is adopted, whether to amend the Annex to the present Directive in order to place it under its scope.
Amendment 60 #
2018/0089(COD)
Proposal for a directive
Recital 10
Recital 10
(10) As only qualified entities can bring the representative actions, to ensure that the collective interests of consumers are adequately represented the qualified entities should comply with the criteria established by this Directive. In particular, they would need to be properly constituted according to the law of a Member State, which could include for example requirements regarding the number of members, the degree of permanence, or transparency requirements on relevant aspects of their structure such as their constitutive statutes, management structure, objectives and working methods. Qualified entities should be registered in a Member State of the European Union. They should also be not for profit and have a legitimate interest in ensuring compliance with the relevant Union law. These criteria should apply to both qualified entities designated in advance and to ad hoc qualified entities that are constituted for the purpose of a specific action.
Amendment 65 #
2018/0089(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11 a) Qualified entities should have no structural or financial interrelationship with a third person or organisation that financially benefits of the action by providing legal assistance or financial support.
Amendment 113 #
2018/0089(COD)
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31 a) Within their capacities, qualified entities, competent courts and authorities should inform consumer organisations and the press about ongoing representative action and its decisions.
Amendment 132 #
2018/0089(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shallaims at minimum harmonisation and shall therefore not prevent Member States from adopting or maintaining in force provisions designed to grant qualified entities or any other persons concerned other procedural means to bring actions aimed at the protection of the collective interests of consumers at national level.
Amendment 153 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point a a (new)
Article 4 – paragraph 1 – subparagraph 2 – point a a (new)
(a a) it is registered in a Member States of the European Union;
Amendment 162 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
(c a) it has no structural or financial interrelationship with a third person or organisation that financially benefits of the action by providing legal assistance or financial support.
Amendment 187 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that representative actions according to Article 1 can be brought before national courts or administrative authorities by qualified entities provided that there is a direct relationship between the main objectives of the entity and the rights granted under Union law that are claimed to have been violated in respect of which the action is brought.
Amendment 197 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that qualified entities are entitled to bring representative actions seeking redress measures eliminating the continuing effects of the infringement. These measures shall be sought on the basis of any final decision establishing that a practice constitutes an infringement of Union law listed in Annex I harming collective interests of consumers, including a final injunction order referred to in paragraph (2)(b).
Amendment 210 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order for the economic and non-economic damages, which obligates the trader to provide for, inter alia, compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate. A Member State may require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issuedredress order is issued. . If a Member State does not require a mandate of the individual consumer to join the representative action, this Member State shall nevertheless allow those individuals who are not habitually resident in the Member State where the action occurs, to participate in the representative action, in case they expressed their willingness to be part of the representative action within the applicable time limit.
Amendment 251 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States shall ensure that in cases where a representative action for redress is funded by a third party, transparency as to the origin of the funds is ensured and that it is prohibited for the third party:
Amendment 261 #
2018/0089(COD)
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Individual consumers concerned shall be given the possibility to accept or to refuse to be bound by settlements referred to in paragraphs 1, 2 and 3 and file or pursuit their corresponding individual action. The redress obtained through an approved settlement in accordance with paragraph 4 shall be without prejudice to any additional rights to redress that the consumers concerned may have under Union or national law.
Amendment 267 #
2018/0089(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. The first paragraph does not prevent qualified entities from informing, from the beginning of the action, the individual consumers concerned, in order to ensure that they can come forward and that relevant documents and other information necessary for the action are kept.
Amendment 271 #
2018/0089(COD)
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. Member States shall ensure that, within their capacities, qualified entities, competent courts and authorities inform consumer organisations and the press about ongoing representative action and its decisions.
Amendment 42 #
2018/0018(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) A stronger focus should be put on a better and more effective outcome for patients. Therefore, the opinion of civil society organisations, patient associations, social partners, consumer organisations, healthcare professionals and non- governmental organisations dealing with health technology assessment should be taken into consideration for the purposes of clinical assessment of health technologies as provided for in this Regulation.
Amendment 57 #
2018/0018(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Joint clinical assessments and joint scientific consultations necessitate the sharing of confidential information between health technology developers and HTA authorities and bodies. In order to ensure the protection of such information, information provided to the Coordination Group in the framework of assessments and consultations should only be disclosed to a third party after a confidentiality agreement has been concluded. In addition, it is necessary for any information made public about the results of joall available clinical data and publically available scientific evidence from health technology developers. The clinical data employed, the studies, the methodology and the clinical results used should be made public. The highest possible level of public openness int scientific consultations to be presented in an anonymised format with the redaction of any information of a commercially sensitive naturedata and assessments will allow progress to be made in biomedical research and ensure the highest possible level of confidence in the system.
Amendment 66 #
2018/0018(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In order to facilitate the joint work and the exchange of information between Member States on HTA, provision should be made for the establishment of an IT platform that contains appropriate databases and secure channels for communication. The Commission should also ensure a link between the IT platform and other data infrastructures relevant for the purposes of HTA such as registries of real world data. All relevant data should be made available to the public.
Amendment 67 #
2018/0018(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28 a) The cooperation between Member States on HTA should be based on the principles of good governance, objectivity, independency and transparency. All Member States should have the right to make genuine commitments.
Amendment 82 #
2018/0018(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point c – point i (new)
Article 4 – paragraph 3 – point c – point i (new)
i) consult civil society organisations, patient associations, social partners, consumer organisations, healthcare professionals and non-governmental organisations in the field of health technology assessment.
Amendment 89 #
2018/0018(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point e – point i (new)
Article 5 – paragraph 2 – point e – point i (new)
i) points arising from the annual meeting of the stakeholder network;
Amendment 95 #
2018/0018(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The designated sub-group shall request relevant health technology developers to submit documentation containing the information, data and evidence necessary for the joint clinical assessment. The relationship between evaluators and health technology developers must be independent and impartial. Developers of health technologies can be consulted but never participate actively in the evaluation process.
Amendment 101 #
2018/0018(COD)
Proposal for a regulation
Article 6 – paragraph 9
Article 6 – paragraph 9
9. The designated sub-group shall ensure that stakeholders, including patients and clinical experts, civil society organisations, patient associations, social partners, consumer organisations, healthcare professionals and non- governmental organisations, are given an opportunity to provide comments during the preparation of the draft joint clinical assessment report and the summary report and set a time-frame in which they may submit comments.
Amendment 119 #
2018/0018(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b – point i (new)
Article 8 – paragraph 1 – point b – point i (new)
i) Paragraph 1(b) shall not prevent Member States from carrying out assessments on the added clinical value of the technologies concerned as part of national or regional appraisal processes which may consider clinical as well as non-clinical data and evidence specific to the Member State concerned which did not form part of the joint clinical assessment and which are necessary to complete the general assessment of health technology.
Amendment 134 #
2018/0018(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The designated sub-group shall request the health technology developer to submit the documentation containing the information, data and evidence necessary for the joint scientific consultation. All relevant data and information shall be available to the public.
Amendment 150 #
2018/0018(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point e – point i (new)
Article 18 – paragraph 2 – point e – point i (new)
i) civil society organisations, social partners, consumer organisations, healthcare professionals and non- governmental organisations in the field of health technology assessment
Amendment 157 #
2018/0018(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point a – point iii
Article 22 – paragraph 1 – point a – point iii
(iii) the consultation of patients, clinical experts, and other stakeholders such as civil society organisations, patient associations, social partners, consumer organisations, healthcare professionals and non-governmental organisations in clinical assessments.;
Amendment 166 #
2018/0018(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point 1 (new)
Article 24 – paragraph 2 – point 1 (new)
(1) The Union shall guarantee a sufficient, stable and continuing public funding of the Coordination Group. In any case, this public funding shall be conducted without any direct or indirect involvement of HTA developers.
Amendment 168 #
2018/0018(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The Commission shall establish a stakeholder network through an open call for applications and a selection of suitable stakeholder organisations based on selection criteria established in the open call for applications. The stakeholder organisation shall at least have members of civil society organisations, patient associations, social partners, consumer organisations, healthcare professionals and non-governmental organisations dealing with health technology assessment.
Amendment 169 #
2018/0018(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point 1 (new)
Article 26 – paragraph 1 – point 1 (new)
(1) The European Parliament shall also have a qualified representative in the stakeholder network. The representative shall report to the European Parliament on a regular basis about the recent developments within the stakeholder network.
Amendment 170 #
2018/0018(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The Commission shall publish the list of stakeholder organisations included in the stakeholder network. In any case, all members of the stakeholder network shall have no conflict of interest with and shall not be receiving any funding from health technology developers.
Amendment 171 #
2018/0018(COD)
Proposal for a regulation
Article 26 – paragraph 3 – introductory part
Article 26 – paragraph 3 – introductory part
3. The Commission shall organise ad- hoc meetingmeetings on a regular basis between the stakeholder network and the Coordination Group in order to:
Amendment 172 #
2018/0018(COD)
Proposal for a regulation
Article 26 – paragraph 3 – point a
Article 26 – paragraph 3 – point a
(a) update stakeholders on the work of the group; all members of the stakeholder network shall have access to all relevant data and information;
Amendment 3 #
2017/2278(INI)
Motion for a resolution
Recital B
Recital B
B. whereas public procurement involves the spending of a considerable amount of taxpayers’ money, meaning that taxpayers expect this procurement to be carried out with transparency and integrity in the most efficient way, in terms of both costs and quality delivered, in order to provide quality goods and services to citizens;
Amendment 4 #
2017/2278(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the intelligent use of public procurement can address challenges such as climate change, resource scarcity, inequalities or ageing societies by supporting social policies, accelerating the transition to more sustainable supply chains and business models;
Amendment 5 #
2017/2278(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas public procurement is a strategic tool used to reach the EU’s goals of green and socially inclusive growth;
Amendment 7 #
2017/2278(INI)
Motion for a resolution
Recital C
Recital C
C. whereas public procurement may be a useful tool in the service of a stronger single market, social inclusion, the fight against social and environmental dumping, and for the growth of EU companies and jobs in the Union;
Amendment 17 #
2017/2278(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the European Union is committed to the United Nations Sustainable Development Goals (SDGs);
Amendment 38 #
2017/2278(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to propose compulsory green public procurement procedures; considers that goods as services, reused, repaired, remanufactured, refurbished and other sustainable and resource-efficient products and solutions are to be preferred in all public procurement, and if they are not preferred, the ‘comply or explain’ principle should apply;
Amendment 45 #
2017/2278(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls for the extensive use of innovative procurement to implement green and socially inclusive growth;
Amendment 58 #
2017/2278(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on regional and local authorities to establish a procurement strategy which defines how the procurement plans of the authority, within a timeframe of the upcoming five years, will support the strategic goal of green and socially inclusive growth; calls upon Union institutions, Member States and central and local government authorities to ensure that contracting authorities have a comprehensive procurement strategy in place and it is carried out at the level of each procurement entity; as part of this process public hearings and consultations with the end users of products and services should be arranged;
Amendment 73 #
2017/2278(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on Member States to ensure that public procurement practices are in line with the Convention on the Rights of Persons with Disabilities and that persons with disabilities are consulted on all procurement processes and decisions that impact them or are done to procure services for them; calls on Member States to ensure that the judicial remedy of persons with disabilities is guaranteed in public procurement processes that directly impact them;
Amendment 77 #
2017/2278(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Calls on the Member States to ensure that the provision of services of general interest, such as, services for children, the elderly and disabled persons are without exceptions excluded from public procurement processes which use only the lowest price as an award criterion;
Amendment 88 #
2017/2278(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to develop and adopt into use common Life Cycle indicators relating to the life cycle of a product or works or the provision of a service, measuring all aspects relating to environmental protection, working conditions, labour rights, equality, social inclusion, human rights, impacts on adjacent communities, and ethical trade; calls on the adoption of these indicators to guide choices made in the production or other non-use phases of the life cycle of the product, even if such characteristics are not apparent in the physical characteristics or functional qualities of the resulting product or service;
Amendment 90 #
2017/2278(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Regrets that the Member States underuse the possibilities offered by public procurement to adopt social criteria and measures as strategic instruments to promote sustainable social policy objectives;
Amendment 121 #
2017/2278(INI)
27. Regrets that SMEs and social economy enterprises are still facing difficulties in accessing public procurement, and calls on the Commission to assess the effectiveness of the measures provided by the 2014 directives and to come forward with new solutions if necessary;
Amendment 141 #
2017/2278(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Underlines that both procurers and suppliers need to be adequately trained especially in the use of social and environmental criteria, in order to work efficiently at all procurement stages, and that attention must be given to all levels of public administration as regards professionalisation;
Amendment 1 #
2017/2272(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to the Universal Declaration of Human Rights (UDHR),
Amendment 53 #
2017/2272(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that the effects of climate change have a tangible impact on several aspects of human life, on peace and security as well as on business models and trade relations, and that these effects are increasingly being felt in the lives of EU citizens, as well as challenging the international community; underlines the increasing urgency of climate action and that addressing climate change requires a joint effort at international level,; urges the Commission and EU Member States to continuously facilitate the multilateral discourse as it constitutes a collective responsibility towards the entire planet, for the current and future generations; notes that the fight against climate change is necessary for the protection of Human Rights;
Amendment 70 #
2017/2272(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Strongly welcomes the European Council’s demand towards the Commission to present by the first quarter of 2019 the proposal for a Strategy for long-term EU greenhouse gas emissions reduction in accordance with the Paris Agreement, laid down in the Council Conclusions from 23 March 2018;
Amendment 71 #
2017/2272(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Urges the Commission to develop an ambitious proposal for a new EU long- term mid-century low-emission strategy that lays down concrete greenhouse gas emission reduction targets for 2050 for all sectors and a clear path how to reach these targets, and how to enhance removals by sinks in pursuit of the temperature goals and the Paris Agreement, so as to achieve net-zero greenhouse gas emissions within the EU by 2050, and go into negative emissions soon thereafter; calls for this strategy to represent a fair distribution of efforts between sectors, to be consistent with a fair EU-share of the remaining global carbon budget, to include a mechanism to incorporate the results of the five yearly global stocktake, to build on national plans, to take into account the findings of the upcoming IPCC Special Report, the recommendations and positions by the European Parliament, as well as the views of non-state actors like local and regional authorities, the civil society and private sector;
Amendment 74 #
2017/2272(INI)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Welcomes the Commission’s Action Plan on sustainable finance, adopted on 8th March 2018, and the recommendations put forward by the High Level Expert Group On Sustainable Finance; believes that the financial system needs to contribute to the targets of the Paris Agreement as well as the SDGs; considers it necessary that investments and financial products are in line with climate policy and that they support the development towards a sustainable economy; is convinced that a true reform of the EU financial system to contribute to climate mitigation and incentivising investments in clean technologies and sustainable solutions will be a role model for other countries and help them to implement similar systems; underlines that a transformation towards a financial system in line with the Paris Agreement and the SDGs will reduce risks on the global financial system stemming from stranded fossil fuel assets;
Amendment 86 #
2017/2272(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that mitigating climate change and moving towards a low- emission economy will contribute to enhanced peace and human security both within and outside of the EU as climate change often exacerbates existing instabilities and conflicts as well as deepening existing or creating new inequalities, even leading to increased - mainly internal - migration flows due to the scarcity of resources and lack of economic opportunities, a fragile governance structure, insufficient supply of water and food as well as a deterioration in living conditions;
Amendment 96 #
2017/2272(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Reiterates that consequent and rapid climate action contributes essentially to the prevention of social, economic, but also security risks, the prevention of conflicts and instabilities and ultimately to the prevention of major political, social and economic costs;
Amendment 106 #
2017/2272(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Underlines that due to melting polar caps and rising sea levels people living on the coast line or on small island states are in particular danger; urges the Commission and the Member States to protect and preserve these living spaces through facilitating ambitious climate change mitigation goals as well as multilateral coastal protection measures;
Amendment 108 #
2017/2272(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Notes that the EU and its Member States are the largest provider of public climate finance; urges the Commission and the Member States to scale up their financial contributions to the collective goal to jointly mobilise USD 100 billion per year by 2020 through to 2025 for mitigation and adaptation purposes and to actively support the mobilisation of international climate finance through public sources by other countries as well as private sources; welcomes the announcements made at the ONE Planet Summit on 12 December 2017 that put an important focus on the need for financial support and the role of new instruments to trigger sustainable investments; recognises the Commission’s announcement of its new Action Plan for the Planet in this regard;
Amendment 131 #
2017/2272(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Commits itself to making better use of its international role and its membership of international parliamentary networks, to stepping up its climate activities within its work in its delegations as well as through delegation visits, especially of ENVI and AFET Committees, and during European and international interparliamentary meetings as well as in dialogue platforms with national parliaments and subnational actors/non-state actors and civil society; encourages the inclusion of members of the AFET Committee into the parliamentary delegations to the annual COP; intends to set off an exchange on NDC implementation and to address EU’s financial contributions and efforts in projects in the respective countries to trigger an exchange on successes and shortcomings of existing cooperation;
Amendment 144 #
2017/2272(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Urges the Commission to provide, in the next Multiannual Financial Framework (MFF), for a bigger budget line dedicated to supporting climate change activities in existing programmes and future calls that reflects the increased importance and urgency of climate action and that translates into a higher target for climate related spending than the current 20% target, meaning at least a 30% target, in order to enable further climate diplomacy actions; calls for a better use of other EU funds to ensure resource efficiency, optimised outcomes and enhanced impact of EU actions and initiatives;
Amendment 161 #
2017/2272(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the EU to mediate between disagreeing parties and facilitate consensus in order to ensure an effective and successful summitry, thereby injecting strong political momentum into the global discourse on climate action; calls on the EU and the Member States to stronger place climate action on the agenda of G20 summits and meetings as well as on the agenda of bilateral meetings of G20 members; calls on the Member States to enhance their engagement in the framework of the Organization for Security and Co- operation in Europe (OSCE) in line with the targets of the Paris Agreement;
Amendment 172 #
2017/2272(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to integrate the climate change dimension into international trade and investment agreements and to make compliance with the provisions of the Paris Agreement a condition for future trade agreements; calls on the Commission to streamline financial instruments and programmes to ensure coherence and increase the effectiveness of EU climate action; recommends the development and systematic inclusion of a fundamental climate change clause in international agreements with partners who have signed the Paris Agreement, supporting thereby the European and international decarbonisation process;
Amendment 190 #
2017/2272(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Highlights the responsibility incumbent on the EU and other developedaffluent countries to show greater solidarity towards the vulnerable states and developing countries, many of them in the Global South, that are most affected by the impact of climate change and to ensure continuous support to help them recover from damage related to climate change, to improve adaptation measures and resilience through financial support and by means of capacity building; notes that vulnerable states are crucial partners for pushing for ambitious climate action internationally, due to the existential threat posed to them by climate change; calls on the Member States to support the efforts of developingless affluent countries to decrease dependence on fossil fuels and increase access to affordable renewable energy as well as to become low-carbon societies, especially by cooperating within NDC partnerships; highlights the opportunities offered by the EU External Investment Plan in stimulating climate-smart investments and supporting sustainable development;
Amendment 233 #
2017/2272(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers it important that the EU keep up its efforts to re-engage the US in multilateral cooperation andwithout jeopardizing the Paris Agreement’s level of ambition; points out that the Brexit negotiations and the future relationship with the UK must reflect the need for continued cooperation on climate diplomacy;
Amendment 240 #
2017/2272(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the EU to further intensify its relations with local and regional authorities in third countries to enhance thematic cooperation between cities and regions both within and outside of the EUNotes that regions and cities play an increasingly important role for a sustainable development as they are affected by climate change directly, as their growth has direct impact on the climate and as they are becoming more active in the mitigation of and adaptation to climate change, sometimes in the light of opposing policies of their national governments; therefore, calls on the EU to further intensify its relations with local and regional authorities in third countries to enhance thematic cooperation between cities and regions both within and outside of the EU to develop adaptation and resilience initiatives and emission reduction plans in key sectors such as energy, industry, technology, agriculture and transport in both urban and rural areas, e.g. through twinning programmes, through the International Urban Cooperation programme, through support of platforms like the Covenant of Mayors and by building new fora for exchanging best practice; calls on the EU and the Member States to support efforts by regional and local actors to introduce regionally and locally determined contributions (similar to NDCs) where climate ambition can be increased through this process; notes the role EU delegations in third countries can play in this regard;
Amendment 249 #
2017/2272(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the EU and its Member States to strengthen their ties with civil societyand support for civil society around the globe as agents for climate action, and to form alliances and build up synergies with the scientific community, non-governmental organisations, and non- traditional actors and the private sector; encourages the EU and its Member States to engage with the private sector, to enhance cooperation on how to reap the opportunities from the transition towards a zero-carbon economy, to develop export strategies for climate technologies for countries globally and to encourage technology transfer to and capacity- building in third countries;
Amendment 256 #
2017/2272(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Underlines the importance of scientific research for climate political decision making; notes that transboundary scientific exchange is a fundamental component of international cooperation; urges the Commission and the Member States to continuously support scientific organisations that work on climate risk assessment and that aim on estimating the implications of climate change and that offer possible adaption measures for political authorities; urges the EU to use their own research capacities in order to contribute to global climate action;
Amendment 26 #
2017/2191(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the importance of access to justice for consumerindividual consumers and SMEs and of the availability for collective redress in order to ensure fair competition; believes access to justice and the availability of class or representative actions in this field and consumer rights more generally is essential to achieving the aims of EU competition policy; underlines that the absence of such opportunities weakens competition at the expense of the internal market and consumer rights;
Amendment 31 #
2017/2191(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses that efforts to foster competition through the development of the Digital Single Market must at all times work in the interests of consumers, and that the rights enshrined in the EU Charter for fundamental rights must be fully protected in the digital domain;
Amendment 32 #
2017/2191(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Stresses that competition that is both free and fair is ultimately for the benefit of consumers;
Amendment 42 #
2017/2191(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on Member States to ensure the proper enforcement of EU public procurement rules in order to ensure fair competition including social, environmental and consumer protection criteria where appropriate and promote good practice in public authorities’ processes;proper enforcement will tackle distortions of competition and enable public authorities to choose to organise and provide quality public services so as to ensure effective and efficient public expenditure;
Amendment 55 #
2017/2191(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls on the Commission to promote market access opportunities for SMEs through smaller contracts where compatible with key procurement objectives, and for the Commission to carefully monitor the centralisation of purchases in public procurement markets;
Amendment 56 #
2017/2191(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Emphasises the relationship between the internal market and competition policy;encourages strong cooperation between Parliament’s Committee on Internal Market and Consumer Protection and the Commission in order to ensure that the interests of consumers are protected and promoted in any and all efforts to encourage a competitive EU.
Amendment 1 #
2017/2085(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises that improving road safety in the EU begins with ensuring that existing and future provisions can be implemented and checked effectivelyTakes note that 25.500 people died in 2016 on European roads and a further 135,000 were seriously injured, causing a devastating human suffering but also economic costs; recognises that improving road safety in the EU is of utmost importance to reduce the amount of fatalities and serious injuries and begins with ensuring that existing and future provisions can be implemented and checked effectively; therefore welcomes the list of safety technologies published by the Commission for inclusion in the next revision of the rules; calls on the Commission to come up with an ambitious proposal of the General Safety Regulation and Pedestrian Protection Regulation within the next six months; calls, in that regard, for increased best practice sharing and independent and peer reviews of type approval and technical services in the Union; calls, in addition, for greater and more independent post-market surveillance of vehicles on roads across the Union to ensure that they continue to conform to safety criteria;
Amendment 12 #
2017/2085(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that when non- conformities are identified, European consumers should be able to count on rapid, appropriate and coordinated corrective measures, including Union-wide vehicle recall where necessary; stresses, further, that jointly with the vehicle recall, consumers being harmed by non- conformity of type approval should be adequately compensated by financial means, and that recall programmes only should not be seen as an appropriate measure of compensation in general; considers that by withdrawal of the type approval due to noncompliance or nonconformity, the owner of the affected vehicle should have the right of full reimbursement of the manufacturer for the damage caused by the purchase of this vehicle;
Amendment 27 #
2017/2085(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the improvements that market-led technological developments have already brought to Union road safety, and encourages the continued exploration of the opportunities the digital revolution offers in that regard; reminds regarding the digital revolution and the rising importance of automated and connected driving, the protection of the consumer´s data in the vehicle should have the highest possible standards and where the data processing and forwarding is not mandatory for the safe functioning of the vehicle, consumers must be able to stop the data transfer to the vehicle manufacturer easily; calls for continuing research and the development of new standards in autonomous emergency braking, lane keeping assistance and reverse detection technologies for motor vehicles, high vision cabins and front-end blind spot cameras and detection for HGVs.; calls for a better and a more effective collection and exchange of information and data between all stakeholders regarding the research of the real cause of the accidents;
Amendment 6 #
2017/2073(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. Whereas the EU framework should address disproportionate barriers while fully preserving the protection of public interest objectives, such as consumer protection, thus ensuring high quality of the service provided;
Amendment 41 #
2017/2073(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Acknowledges the improvements to the database of regulated professions made by the Commission, including the creation of an interactive map, allowing citizens to check the professional access requirements across the EU and to visualise more easily which profession is regulated in a given Member State; calls on the Commission to further improve the database for regulated professions, in order to facilitate timely and accurate notification of the information by competent authorities and thus enhance transparency for EU citizens;
Amendment 42 #
2017/2073(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Takes note of the divergences across Member States, as to the number of regulated professions and scope of activities, covered by similar professions, which explains the different ways to regulate professions, chosen by each Member State; considers that even though the ISCO and the NACE classifications constitute useful tools, the EU should develop its own classification, based on the notified activities by the Member States; calls on the Commission to improve the comparability of different professions and to define a common set of activities for each profession notified in the database with a view to facilitate voluntary harmonisation across the EU;
Amendment 49 #
2017/2073(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Acknowledges that some Member States did not consult the relevant stakeholders in an appropriate manner while preparing the NAPs; believes that a transparent flow of information between public institutions and stakeholders is necessary to effectively address issues and challenges affecting professions; calls for a broader involvement of all interested parties in the future;
Amendment 55 #
2017/2073(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Member States to involve all interested parties and carry out broader public consultations not only in view of preparing NAPs but also before reforming regulation of professions, in order to allow citizens, consumers and professionals to express their views;
Amendment 82 #
2017/2073(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Points out that better comparability of the level of professional qualifications is needed in order to increase the homogeneity of the evidence of formal qualifications across the European Union and to create a level playing field for young Europeans entering the professions, as well as promote their mobility across the EU;
Amendment 86 #
2017/2073(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Points out that the Panama Papers and other recent scandals have revealed the role of European enablers and intermediaries, including lawyers, accountants, wealth managers and other professionals, in setting up offshore structures facilitating tax avoidance and evasion and money laundering; underlines the necessity to better regulate these actors at European and national level in order to effectively tackle these phenomena;
Amendment 90 #
2017/2073(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls for a shift in the regulatory framework for intermediaries and enablers advising on tax matters, including clear regulation, appropriate public supervision, effective sanctions and compulsory codes of conducts at EU level; calls on the European Commission to ensure that actors advising on tax matters are adequately regulated and to propose harmonised rules in this area, creating an EU framework regulating all professionals advising on tax matters;
Amendment 114 #
2017/2073(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Stresses that new technologies will be unlikely to replace human beings in making ethical and moral decisions; points out, in this regard, that rules on the organization of professions, including rules on supervision by public bodies or professional associations could play an important role and help to share equitably the benefits of digitalisation;
Amendment 117 #
2017/2073(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Calls on the Commission to continue keeping the Parliament regularly informed on the state of play in relation of the compliance with the Directive by the Member States;
Amendment 3 #
2017/2067(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s Strategy on Cooperative Intelligent Transport Systems (C-ITS); recognises the potential in a smarter use of data in the transport sector; considers C-ITS a valuable contributor to making road transport safer, more efficient and sustainable, through higher energy efficiency, reduced emissions and reduced risks of accidents;
Amendment 7 #
2017/2067(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Urges Europe to maintainpromote through higher standards its leading global position in the field of C- ITS; encourages all stakeholders to speed up the deployment of C-ITS technologies; underlines, in this respect, the need for affordable, high-quality, safe, continuous and reliable services throughout the Union;
Amendment 12 #
2017/2067(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Deems it necessaryfundamental to ensure that consumers’ rights to privacy and to the protection of their personal data be fully upheld in accordance with the EU legal framework on data protection; urges the Commission to ensure the correct implementation of the General Data Protection Regulation; calls on car manufacturers to inform consumers adequatelyin a clear manner about their rights and never to sell in-car data without explicit consent;
Amendment 17 #
2017/2067(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses the importance of the application of high standards of cyber- security in all Member States in order to prevent cyber-attacks and hacking;
Amendment 19 #
2017/2067(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Underlines the need to consider the effects of C-ITS on employment and working conditions; encourages, in this respect, to foster the dialogue with social partners at an early stage;
Amendment 22 #
2017/2067(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the importance of technical harmonisation and standardisation of data and definitions regarding C-ITS, including backward compatibility, so as to ensure a successful roll-out and cross border interoperability at all levels;
Amendment 33 #
2017/2067(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the strategy’s focus on user involvement; encourages the Commission to facilitate the exchange of best practices; underlines the need for dedicated cross-border C-ITS pilots, including C-Roads, supported by adequate funding; encourages Member States to join urgently this Platform;
Amendment 2 #
2017/2044(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that a well-functioning internal market is a cornerstone for stronger competitiveness of the Union and stresses the need to take into account the transformation to the digital era with an adequate budgetary allocation, in particular for SMEs;
Amendment 4 #
2017/2044(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Is convinced that consumer policy is one of the main horizontal priorities for the Union and that the budget for that policy area should reflect this; asks the Commission to do its utmost to increase education and awareness on consumer policy in particular in the Digital Single Market and to mainstream consumer interests across differentall Union policies;
Amendment 5 #
2017/2044(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes appropriations for the competitiveness of enterprises and SMEs as it is one of the priorities to support entrepreneurship and boost growth andsustainable growth and the creation of jobs;
Amendment 8 #
2017/2044(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Is nevertheless concerned at the reduction in the budget line 02 02 01 ‘Promoting entrepreneurship and improving the competitiveness and access to markets of Union enterprises’ as SMEs still encounter problems in those areas of the real economy; stresses that sufficient financial support for microenterprises, entrepreneurs and SMEs should be the key priority for the Union; emphasises that securing good access to finance is essential for keeping SMEs competitive and for helping them to overcome challenges related to access to the internal market as well as to the global market;
Amendment 9 #
2017/2044(BUD)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Emphasises the crucial role of SMEs and microenterprises in the Union economy; calls for more targeted spending programmes that help and encourage the internationalisation and exports of SMEs to third countries;
Amendment 10 #
2017/2044(BUD)
Draft opinion
Paragraph 8
Paragraph 8
8. Welcomes the allocation of funds for the modernisation of the customs union, which supports the implementation of the Union Customs Code (Code) and the development of the electronic customs systems as this constitutes one of the priority areas for a better functioning of the internal market; emphasises that the full and uniform implementation of the Code is essential to protect citizens and the financial interests of the Union and calls on the Commission and the Member States to meet the deadline of 31 December 2020 for the transitional measures laid down in Article 278 of the Code to ensure a full implementation of the Code;
Amendment 11 #
2017/2044(BUD)
Draft opinion
Paragraph 10
Paragraph 10
10. Asks for the financing of theall pilot projects proposed by IMCO on key areas related to the development of the Digital Single Market, consumer interests and innovation and competitivenessand in particular, new pilot projects entitled ‘Digital skills for EU start-ups’ to contribute to the innovation and cross-border trade, and “Assessing alleged differences in the quality of products sold on the Single Market” which aims to respond to the consumers’ concerns about possible differences in the quality of products with the same brand and packaging in the internal market. Also asks for the extension of the PP- ‘Algorithm Awareness Building Initiative’ to deliver on a series of targeted in-depth prototyping of approaches and policy solutions fit for addressing the complexity of the challenges raised by algorithmic decision-making in the near- and longer- term.
Amendment 16 #
2017/2035(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the high importance of enhancing political and economic relations of the EU with Kazakhstan, which should be based on shared commitments to internationuniversal values and guided by mutual interest;
Amendment 23 #
2017/2035(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Takes note that in its concluding observations on Kazakhstan adopted in summer 2016, the UN Human Rights Committee expressed concern about broadly formulated provisions of Criminal Code article 174, which bans “inciting” social, national or other discord and article 274, which prohibits “spreading information that is known to be false,” and the use of them to unduly restrict freedom of expression and other rights protected by the ICCPR;
Amendment 24 #
2017/2035(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Regrets that defamation also remains criminalised in Kazakhstan, with special protection granted to public officials, and underlines that this has become problematic in the light of freedom of expression in the country;
Amendment 29 #
2017/2035(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the ambition expressed in the EPCA to enhance cooperation in diverse areas of concern and common interest such as democracy and the rule of law, human rights and fundamental freedoms; sustainable development; foreign and security policy; trade; justice, freedom and security; and in 29 other key sector policy areas, such as economic and financial cooperation, energy, transport, environment and climate change, employment and social affairs, culture, education and research;
Amendment 40 #
2017/2035(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Takes note that as of 2016 all Kazakh NGOs are required to provide annual information on their activities for inclusion in a government database on NGOs; underlines that this step might be directed to enhance transparency in the sector; however, is concerned that the new requirements add to the already extensive reporting obligations from non- governmental sector to the state, while the transparency policy is disproportionally applied towards non-profit, non- governmental sector, as it does not apply to any other legal entities; is concerned that failing to provide information for the new database or that provide “incorrect” information may result in penalties for organisations;
Amendment 44 #
2017/2035(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Regrets that the amendments to the Tax Code that entered into force in October 2016 introduced additional reporting obligations for NGOs, this time for organisations receiving foreign funding for certain types of activities;
Amendment 46 #
2017/2035(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Is concerned by the large number of defamation lawsuits initiated by public officials and other public figures who demand large amounts in moral compensation because of articles about corruption allegations, alleged misconduct or other issues that do not please them;
Amendment 55 #
2017/2035(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expects that the EPCA will promote a strengthened rule of law and a more diverse political landscape, a better functioning, independent and impartial judiciary, increased transparency and accountability of the government, improvement in labour laws in line with ILO requirements and the sustainable development of environment, more business opportunities for small and medium enterprises, sustainable development of environment, water management, and of other resources such as an efficient use of energy and the development of renewable energy sources;
Amendment 94 #
2017/2035(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Asks to put an end to persecution, harassment and imprisonment of civil society activities, human rights defenders, opposition political figures and journalists; asks for full rehabilitation and release of all those activists currently in jail as well as for lifting of movement restrictions on others; requests an end to abuse of its Interpol’s extradition procedures and stop harassment of political opposition aboard;
Amendment 106 #
2017/2035(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Recognises the security challenge posed to Kazakhstan by the Daesh and other UN-designated terrorist organisations; recommends closer cooperation on countering violent extremism and terrorism, including addressing the root causes of radicalisation;
Amendment 110 #
2017/2035(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Recognises the potential for further destabilisation of Kazakhstan by the on-going conflict in Afghanistan including by means of religious extremism, drug trafficking and terrorism;
Amendment 124 #
2017/2035(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Recognises Kazakhstan as an important player in foreign and security policy not least due to the consistent role it plays in global nuclear disarmament and security, and its non-permanent membership on the UN Security Council in 2017-2018, and its facilitation of the talks on the Iranian nuclear deal and the conflict in Syria, and its diplomatic efforts with regard to the conflict in Ukraine;
Amendment 128 #
2017/2035(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Notes that Kazakhstan belongs to all the main regional organisation, such as the Commonwealth of Independent States (CIS), the Collective Security Treaty Organisation (CSTO), the Shanghai Cooperation Organisation (SCO), and the Eurasian Economic Union (EAEU); in this context, welcomes Kazakhstan’s clear statements that its membership in the EAEU will not affect the strengthening of relations with the EU;
Amendment 50 #
2017/2003(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Agrees that the collaborative economy could also generate new entrepreneurial opportunities, jobs and growth, and could play an important role in making the economic system not only more efficient, but also socially and environmentally sustainable, thus enhancing economic growth, social welfare and environmental protection, and contribute to the transition towards a circular economy;
Amendment 61 #
2017/2003(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Acknowledges, at the same time, that the collaborative economy is having a profound impact on long-established business models in many strategic sectors such as transportation, accommodation, restaurant industry, services, retail and finance; underlines the risk of having different legal standards for similar economic actors; is concerned about the risk of reducing consumer protection, workers’ rights and tax compliance; acknowledges the effects that collaborative businesses are having on the urban environment;
Amendment 99 #
2017/2003(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Draws attention to the fact that the collaborative economy in Europe has a number of specific traits, as it is generally more rooted at local level, reflecting the European business structure, which consists mainly of SMEs; these features offer new opportunities for the collaborative economy in Europe but, at the same time, create a number of challenges for collaborative platforms in order to be highly competitive on the global market;
Amendment 101 #
2017/2003(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Underlines the importance of tackling challenges that arise when European customers are using online platforms headquartered outside the EU, in non-European cultural and regulatory contexts, with particular regard to data protection, liability of the platforms, taxation and employment law;
Amendment 185 #
2017/2003(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Emphasises that, in many cases, due to persisting asymmetric information or lack of choice, rules for protecting consumers are still needed in the collaborative economy, especially due to persisting asymmetricregarding the information and transparency duties of the parties involved; highlights that transparency is essential inf ormation or lack of choiceder to protect consumers and develop trust in the collaborative economy;
Amendment 189 #
2017/2003(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Underlines the importance to guarantee adequate information to consumers about the applicable legal regime of each transaction, the criteria used to determine the professional or non- professional nature of the transaction and consequent rights and legal obligations;
Amendment 201 #
2017/2003(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to clarify the collaborative platforms liability regime, - which could enhance responsible behaviour and increase user confidence - assess their duties according to already existing regulations and consider whether ad hoc legislation is needed in this regard;
Amendment 222 #
2017/2003(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Welcomes the trust-building mechanisms some collaborative platforms have put in place, including setting an effective and reliable review and reputation system, introducing of guarantees or insurance, identity verification of peers and prosumers - such as pre-screening mechanisms - and developing secure and more transparent payment systems; encourages collaborative platforms to learn from the best practices and to inform and raise awareness about their user´s legal obligations;
Amendment 293 #
2017/2003(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Emphasises that the digital revolution is having a profound impact on the labour market and that emerging trends in the collaborative economy are part of a broader tendency within the overall digitalisation of the society; underlines the risks of unclear employment relations, unfair working conditions and non compliance with worker's rights;
Amendment 305 #
2017/2003(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Underlines the paramount importance of safeguarding workers’ rights in collaborative services, - first and foremost the worker`s right to organise, take collective action and negotiate collective agreements - of avoiding social dumping, and of guaranteeing fair working conditions and adequate social protection;
Amendment 317 #
2017/2003(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. Stresses that there is a strong need to fully clarify the working relationship between workers and collaborative platforms; calls on the Commission and the Member States to guarantee a level playing field between digital and traditional economies also from the labour market and workers' right perspective, avoiding thus the risk of applying different rules to comparable situations and unfair competition;
Amendment 323 #
2017/2003(INI)
Motion for a resolution
Paragraph 33 b (new)
Paragraph 33 b (new)
33 b. Recalls that all workers in the collaborative economy are either employed (employees) or self-employed and that all work in the collaborative economy should be classified accordingly, avoiding the creation of new hybrid categories for workers in the collaborative economy; regardless of the status classification, calls the Commission and Member States to assess the possibility to extend traditional protections of employment law and social security protections established at national level to workers in the collaborative economy;
Amendment 325 #
2017/2003(INI)
Motion for a resolution
Paragraph 33 c (new)
Paragraph 33 c (new)
33 c. Due to the rising number of self- employed workers in the collaborative economy, urges the Commission to re- examine the existing EU competition laws, which are now hampering the right to organise for those workers treated as independent contractors, in order to guarantee the fundamental right to organise, undertake collective actions and negotiate collectively, including with regard to their compensation;
Amendment 349 #
2017/2003(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36 a. Supports the establishment of a "Forum", involving the CoR and all the relevant EU institutions, cities and other local institutions, organisations, networks active in the local, regional, rural and inner peripheric dimension of the collaborative economy to share experiences and exchange good practices, strengthen the local dimension of the collaborative economy and liaise with the relevant thematic partnerships of the Urban Agenda for the EU ;
Amendment 366 #
2017/2003(INI)
Motion for a resolution
Paragraph 39 d (new)
Paragraph 39 d (new)
39 d. At the same time, asks the Commission to monitor the effects and the impact of the development and diffusion of these digital technologies in the collaborative economy business model; welcomes the Commission's initiative to ensure the adequacy of consumer law within this activities and draws the attention to ensure adequate consumer protection even with regard to peers to peers Blockchains and DLTs transactions;
Amendment 113 #
2017/0355(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to ensure effectiveness of the rights provided by the Union law, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive. The definition of worker in Article 2(1) is based on these criteria. They ensure a uniform implementation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices could come within scope of this Directive. It should also be taken into account that new forms of working in the age of digitalization, for example, platform work, includes workers who are not clearly directed, but who are in a subordinate or dependent position of an employment relationship. __________________ 34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15.
Amendment 384 #
2017/0355(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘worker’ means a natural person who for a certain period of time performs services for and under the direction and/or subordination of another person in return for remuneration;.
Amendment 690 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. After three months of employment, all part-time workers shall be entitled to a minimum number of working hours, which would be based on the average number of hours actually worked during the first three months of employment.
Amendment 134 #
2017/0353(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Strengthening the Single Market for goods through further enhancing efforts to keep non-compliant products from being placed on the Union market was identified as a priority in the Communication from the Commission ‘Upgrading the Single Market: more opportunities for people and businesses’24 . This should be achieved by strengthening market surveillance, providing the right incclear, transparent and comprehentsive rules to economic operators, intensifying compliance controls and promoting closer cross-border cooperation among enforcement authorities, including through cooperation with customs authorities. _________________ 24 COM(2015) 550 final of 28 October 2015.
Amendment 136 #
2017/0353(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Currently, the implementation of surveillance to guarantee compliance is insufficient. The framework for market surveillance should be strengthened in order to reach the set objectives, with a view to further improving compliance with and enforcement of Union harmonisation legislation on products. Surveillance of compliance should go beyond monitoring of safety of a product, and cover other EU standards such as labour, health and environmental standards.
Amendment 146 #
2017/0353(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Modern supply chains encompass a wide variety of economic operators who should all be subject to enforcement of Union harmonisation legislation, while taking due consideration of their respective role in the supply chain, and the extent to which they contribute to the making available of products on the Union market. Products, which seek to enter the Union market should be held to the same production standards as those which are produced and sold within the EU. Therefore, it is necessary to apply this Regulation to economic operators that are directly concerned by Regulation (EC) No 273/2004 of the European Parliament and of the Council31 , Regulation (EC) No 1907/2006 of the European Parliament and of the Council32 , Regulation (EC) No 1272/2008 of the European Parliament and of the Council33 , Regulation (EC) No 1222/2009 of the European Parliament and of the Council34 , Regulation (EC) No 1223/2009, Regulation (EU) 2016/424 of the European Parliament and of the Council35 , Regulation (EU) 2016/425 of the European Parliament and of the Council36 , Regulation (EU) 2016/426 of the European Parliament and of the Council37 and Regulation (EU) 2017/1369 of the European Parliament and of the Council38 , Regulation (EU) 2017/745 and Regulation (EU) 2017/746, and in Directive 2006/42/EC of the European Parliament and of the Council39 , Directive 2006/66/EC of the European Parliament and of the Council40 , Directive 2009/48/EC of the European Parliament and of the Council41 , Directive 2010/35/EU of the European Parliament and of the Council42 , Directive 2013/29/EU of the European Parliament and of the Council43 , Directive 2013/53/EU of the European Parliament and of the Council44 , Directive 2014/28/EU of the European Parliament and of the Council45 , Directive 2014/29/EU of the European Parliament and of the Council46 , Directive 2014/30/EU of the European Parliament and of the Council47 , Directive 2014/31/EU of the European Parliament and of the Council48 , Directive 2014/32/EU of the European Parliament and of the Council49 , Directive 2014/33/EU of the European Parliament and of the Council50 , Directive 2014/34/EU of the European Parliament and of the Council51 , Directive 2014/35/EU of the European Parliament and of the Council52 , Directive 2014/68/EU of the European Parliament and of the Council53 , and Directive 2014/90/EU of the European Parliament and of the Council54 . _________________ 31 Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors (OJ L 47, 18.2.2004, p. 1). 32 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1). 33 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1). 34 Regulation (EC) No 1222/2009 of the European Parliament and of the Council of 25 November 2009 on the labelling of tyres with respect to fuel efficiency and other essential parameters (OJ L 342, 22.12.2009, p. 46). 35 Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/EC (OJ L 81, 31.3.2016, p. 1). 36 Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC (OJ L 81, 31.3.2016, p. 51). 37 Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances burning gaseous fuels and repealing Directive 2009/142/EC (OJ L 81, 31.3.2016, p. 99). 38 Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1). 39 Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (recast) (OJ L 157, 9.6.2006, p. 24). 40 Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (OJ L 266, 26.9.2006, p. 1). 41 Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys ( OJ L 170, 30.6.2009, p. 1–37). 42 Directive 2010/35/EU of the European Parliament and of the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36 ( OJ L 165, 30.6.2010, p. 1–18). 43 Directive 2013/29/EU of the European Parliament and of the Council of 12 June 2013 on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles (recast) (OJ L 178, 28.6.2013, p. 27). 44 Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC (OJ L 354, 28.12.2013, p. 90). 45 Directive 2014/28/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses (recast) (OJ L 96, 29.3.2014, p. 1). 46 Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels (OJ L 96, 29.3.2014, p. 45). 47 Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast) (OJ L 96, 29.3.2014, p. 79). 48 Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non- automatic weighing instruments (OJ L 96, 29.3.2014, p. 107). 49 Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (recast) (OJ L 96, 29.3.2014, p. 149). 50 Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts (OJ L 96, 29.3.2014, p. 251). 51 Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (recast) (OJ L 96, 29.3.2014, p. 309). 52 Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (OJ L 96, 29.3.2014, p. 357). 53 Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment (OJ L 189, 27.6.2014, p. 164). 54 Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on marine equipment and repealing Council Directive 96/98/EC (OJ L 257, 28.8.2014, p. 146).
Amendment 150 #
2017/0353(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) While this Regulation does not deal with the protection of intellectual property rights, it should nevertheless be borne in mind that often counterfeit products do not comply with the requirements set out in the Union harmonisation legislation, pose serious risks to health and safety of end-users, distort competition, endanger public interests and support other illegal activities. Therefore Member States should continue taking effective measures in preventing the entry of counterfeit products to the Union’s market pursuant to Regulation (EU) 608/2013. In the interest of efficiency, customs authorities should be able to use their expertise and relevant information on risks, related to products infringing an intellectual property rights, also for the purpose of effective market surveillance of products entering the Union’s market pursuant to this Regulation.
Amendment 155 #
2017/0353(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Special attention should be given to a proliferation of Internet of Things (IoT) and the increasing number of Artificial Intelligence (AI) enabled devices, taking into account that consumers are increasingly using connected devices in their daily lives. The Union regulatory framework should address the current security threats of such devices which can be hacked and therefore present new risks remotely. In the IoT and AI area, both the safety and security of the products are key to ensuring the safety of their users. In this regard, this Regulation should be fully consistent with the ENISA Regulation [2017/0225(COD)] and the Communication on Artificial Intelligence for Europe COM(2018)237.
Amendment 158 #
2017/0353(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to ensure that the Union harmonisation legislation on products is correctly enforced, market surveillance authorities should have a common set of investigative and enforcement powers, allowing for enhanced cooperation between market surveillance authorities and more effective deterrence for economic operators that willingly infringe Union harmonisation legislation. Severe and recurrent breaches of compliance should be followed by adequate sanctions. Those powers should be sufficiently robust to tackle the enforcement challenges of Union harmonisation legislation, along with the challenges of e-commerce and the digital environment and to prevent economic operators from exploiting gaps in the enforcement system by relocating to Member States whose market surveillance authorities are not equipped to tackle unlawful practices. In particular, the powers should ensure that information and evidence can be exchanged between competent authorities so that enforcement can be undertaken equally in all Member States.
Amendment 166 #
2017/0353(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Market surveillance authorities act in the interest of economic operators, end- users, and of the general public, to ensure that public interests established by Union harmonisation legislation on products are consistently preserved and protected through appropriate enforcement action, and that compliance with such legislation is ensured across the supply chain through appropriate controls. Consequently, market surveillance authorities should account to economic operators, end-users and the general public for the efficiency and effectiveness of the activities they perform. They should provide access to information concerning the organisation and performance of their activities, including controls, and regularly publish information on activities performed and the results of such activities. They should also, subject to certain conditions, be entitled to publish or to make available information about the compliance record of individual economic operators based on the outcome of market surveillance controls, particularly in the case of economic operators that have been found to have repeated breaches in compliance with Union harmonisation legislation.
Amendment 168 #
2017/0353(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) An effective way to ensure that unsafe or non-compliant products are not placed on the Union market would be to detect such products before they are released for free circulation. Customs authorities, as authorities in charge of the control on products entering the customs territory of the Union, enjoy a complete overview of trade flows across the external borders, and should therefore be required to carry out adequate controls on a risk assessment basis, to contribute to a safer market place, which ensures a high level of human health, consumer and environmental protection. A uniform enforcement of Union harmonisation legislation on products can only be achieved through systematic cooperation and exchange of information between market surveillance and customs authorities. These authorities should receive well in advance from the market surveillance authorities all the necessary information concerning non- compliant products or information on economic operators where a higher risk of non- compliance has been identified. In turn, customs authorities should inform the market surveillance authorities in a timely manner of the release of products for free circulation, and the results of controls, where such information is relevant for the enforcement of Union harmonisation legislation on products. Furthermore, where the Commission becomes aware of a serious risk posed by an imported product, it should inform the Member States about those risks in order to ensure coordinated and more effective compliance and enforcement controls at the first points of entry to the Union.
Amendment 170 #
2017/0353(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) In order to support customs and market surveillance authorities in carrying out tasks related to controls on products entering the customs territory of the Union, a more favourable treatment should be granted for products declared for free circulation by an authorised economic operator, as defined in Article 38(2) of Regulation (EU) No 952/2013, pending the establishment of the procedure for the exchange of information on the status of the authorised economic operators and their record of compliance relawith the Union harmonisation law, related to including but not limited to product safety. Such an approach should allow a more targeted control, on a risk basis, of products released for free circulation.
Amendment 171 #
2017/0353(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The Commission should carry out an evaluation of this Regulation against the objectives it pursues, also taking into consideration new technological, economic, commercial and legal developments and paying special attention to IoT and AI-enabled devices. Pursuant to point 22 of the Interinstitutional Agreement of 13 April 2016 on Better Law Making59 , the evaluation, based on efficiency, effectiveness, relevance, coherence and value added, should provide the basis for impact assessments of options for further action. _________________ 59, including broadening a scope of this Regulation to non-harmonised products. _________________ 59 OJ L 123, 12.5.2016, p. 1. OJ L 123, 12.5.2016, p. 1.
Amendment 283 #
2017/0353(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b a (new)
Article 10 – paragraph 2 – point b a (new)
Amendment 301 #
2017/0353(COD)
1a. Market surveillance authorities shall establish appropriate and effective communication and cooperation mechanisms with other market surveillance authorities and other relevant authorities within the Union. In particular, market surveillance authorities shall also develop appropriate and effective communication and cooperation mechanisms with customs authorities for the identification and examination of potential counterfeit products.
Amendment 306 #
2017/0353(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a – point i
Article 12 – paragraph 2 – point a – point i
(i) the product, such as the number of products on the market and any hazards associated with that product, which have the potential to affect adversely health and safety of persons in general, health and safety in the workplace, consumer protection, the environment and public security;
Amendment 323 #
2017/0353(COD)
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
Amendment 417 #
2017/0353(COD)
Proposal for a regulation
Article 18 – title
Article 18 – title
18 Products presenting a serious risk or a breach of the Union harmonisation law
Amendment 422 #
2017/0353(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The decision whether or not a product presents a serious riskbreach of the Union harmonisation law, including a serious risk to consumer, the environment, or the persons involved in the manufacturing of the product, shall be based on an appropriate risk assessment which takes account of the nature of the hazard and the likelihood of its occurrence. The feasibility of obtaining higher levels of safety or the availability of other products presenting a lesser degree of risk shall not constitute grounds for considering that a product presents a serious risk.
Amendment 462 #
2017/0353(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Products deemed to be non- compliant on the basis of a decision of a market surveillance authority in one Member State, shall be presumed to be non-compliant by market surveillance authorities in another Member State, unless economic operators can provide clear evidence to the contrary. However, this shall not prevent relevant market surveillance authority of that Member State from starting its own investigation with regard to the product in question and adopt, if supported by clear evidence, adequate decisions. The Network, established under Article 31, shall discuss, without delay, diverging interpretations of the different Member States with regard to the same product.
Amendment 474 #
2017/0353(COD)
Proposal for a regulation
Article 26 – paragraph 5 – subparagraph 2
Article 26 – paragraph 5 – subparagraph 2
Where, in relation to products subject to Union harmonisation legislation that are either in temporary storage or placed under a customs procedure other than release for free circulation, customs authorities at the first point of entry have reason to believe that those products are not compliant with applicable Union legislation or present a risk, they shall transmit all relevant information to the competent customs office of destination.
Amendment 475 #
2017/0353(COD)
Proposal for a regulation
Article 26 – paragraph 5 a (new)
Article 26 – paragraph 5 a (new)
5a. Where customs authorities of one Member State have reason to believe that potentially non-compliant product might be entering Union’s market in another Member State, they shall transmit, without delay, all relevant information to the competent customs offices of other Member States.
Amendment 491 #
2017/0353(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point e
Article 27 – paragraph 1 – point e
(e) for any other reason, there is cause to believe that the product willdoes not comply with the requirements set out in the Union harmonisation legislation applicable to it when it is placed on the market or that it will poses a serious risk.
Amendment 498 #
2017/0353(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
A product released for free circulation in accordance with point (a) shall not be deemed to be in compliance with Union harmonisation legislation merely by reason of having been released for free circulation. The product released for free circulation needs to be compliant with general EU standards applicable to similar products produced within the EU Single Market, including but not limited to safety.
Amendment 501 #
2017/0353(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Market surveillance authorities and the customs authorities shall exchange information on the status of the authorised economic operators and their record of compliance related to product safetywith the Union harmonisation legislation, related to but not limited to product safety, including with general EUs standards such as the environment and labour laws.
Amendment 504 #
2017/0353(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Where any non-compliance is identified in the course of controls described in the second subparagraph of paragraph 2, the market surveillance authorities shall suspend the favourable treatment provided for in paragraph 1 and the first subparagraph of paragraph 2. They shall inform the relevant customs authorities about the identified non- compliance and shall enter details of the non-compliance in the system referred to in Article 34.
Amendment 518 #
2017/0353(COD)
Proposal for a regulation
Article 33 – paragraph –1 (new)
Article 33 – paragraph –1 (new)
-1. The Network shall have the following tasks: (a) to adopt a biennial work programme, which, inter alia, defines the priorities for common market surveillance actions, including the common actions with regard to the online market surveillance, and priority areas or categories of products; (b) to adopt rules of procedure for itself and for the functioning of the administrative coordination groups; (c) to update and regularly review a general risk assessment methodology and ensure a uniform application of that methodology; (d) to adopt sectorial guidelines for checks on the characteristic of products subject to this Regulation; (e) to define the uniform conditions of checks, criteria for determination of the frequency of checks or amount of samples to be checked in relation to certain products, as referred to in Article 15(1), in accordance with the priorities laid down in paragraph -1(a); (f) to facilitate the exchange of information on non-compliant products, recent scientific developments and new technologies, emerging risks and other aspects relevant to control activities; (g) to ensure the coordination and monitoring of the administrative coordination groups and their activities; (h) to assist, by request of a Member State, in the drawing up and implementation of the memoranda of understanding referred to in Article 8; (i) to facilitate an effective functioning of a peer evaluation system between market surveillance authorities and the Commission, as referred to in Article 12b, and to examine and monitor the results of those evaluations; (j) to analyse disputes between market surveillance authorities on the application of this Regulation, examine any other question in this regard and adopt guidelines, recommendations and best practices in order to encourage consistent application and uniform interpretation of this Regulation, including by creating a common methodology for defining and setting penalties; (k) to discuss how to ensure adequate ways of financing and recovery of costs of market surveillance in the Union and to propose the financing of activities provided for in Article 36; (l) to promote and facilitate collaboration with other relevant networks and groups, notably EU blockchain Observatory and Forum, with a view to explore possibilities on using new technologies, especially blockchain, for the purposes of market surveillance and traceability of products.
Amendment 538 #
2017/0353(COD)
Proposal for a regulation
Article 35 – paragraph 5 – introductory part
Article 35 – paragraph 5 – introductory part
5. Approval may only be granted to a third country under paragraph 3 following an audits within the Union and the relevant third country demonstrating that the following conditions are satisfied:
Amendment 539 #
2017/0353(COD)
Proposal for a regulation
Article 35 – paragraph 5 – point –a (new)
Article 35 – paragraph 5 – point –a (new)
(-a) the third country possesses an efficient verification system of the compliance of the products exported to the Union;
Amendment 561 #
2017/0353(COD)
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
The report shall assess whether this Regulation achieved its objectives, in particular with regard to reducing the number of non-compliant products on the Union market, ensuring effective and efficient enforcement of Union harmonisation legislation within the Union, improving cooperation between competent authorities and strengthening the controls on products entering the Union market, whilst taking into account the impact on business and in particular on small and medium-sized enterprises. In addtion, tThe evaluation shall be carried out, in particular, with a view to assessing the scope of this Regulation, as well as the effectiveness of the provisions of this Regulation with regard to Internet of Things and Artificial Intelligence enabled devices and in light of technological, economic and legal developments. The evaluation should also assess the effectiveness of the market surveillance activities that receive Union financing in the light of the requirements of Union policies and legislation.
Amendment 91 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
(d) passengers’ rights in the event ofand compensation in the event of disruption, such as cancellation or delay;
Amendment 94 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point e
Article 1 – paragraph 1 – point e
(e) minimum, accurate, timely and accessible information to be provided to passengers;
Amendment 95 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point f
Article 1 – paragraph 1 – point f
(f) non-discrimination against , immediate, spontaneous and mandatory assistance by trained staff for , persons with disabilities and persons with reduced mobility ;
Amendment 146 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
(d) passengers’ rights in the event ofand compensation in the event of disruption, such as cancellation or delay;
Amendment 149 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point e
Article 1 – paragraph 1 – point e
(e) minimum, accurate, timely and accessible information to be provided to passengers;
Amendment 190 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Railway undertakings shall offer the possibility to obtain tickets for the respective service on board the train, unless this is limited or denied on reasonable and justifiable grounds relating to security or antifraud policy or compulsory train reservation or reasonable commercial groundsspace or seat availability.
Amendment 191 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 4 – introductory part
Article 10 – paragraph 4 – introductory part
4. Tickets shall be reprinted for passengers on the day of travel on request, either at the ticket office or through a ticketing machine. Where there is no ticket office or ticketing machine in the station of departure, or when the ticket office or ticket machine is not fully accessible passengers shall be informed at the station:
Amendment 195 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Where there is no ticket office or accessible ticketing machine in the station of departure, persons with disabilities and persons wiTickets bought on board the train shall not cost more than the reduced mobility shall be permitted to buy tickets on board the train at no extra costlevant standard fare for the journey concerned with any applicable discounts.
Amendment 267 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
6a. Without prejudice to this Article or Articles 16 and 17, in the case of a missed connection due to the delay or cancellation of a train on an earlier leg of the journey or combined journey the passenger should be allowed to take the next service enabling them to reach their destination station in the most convenient reasonable manner.
Amendment 305 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 4 – introductory part
Article 10 – paragraph 4 – introductory part
4. Tickets shall be reprinted for passengers on the day of travel on request, either at the ticket office or through a ticketing machine. Where there is no ticket office or ticketing machine in the station of departure, or when the ticket office or ticket machine is not fully accessible passengers shall be informed at the station:
Amendment 307 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) ensure that all personnelstaff, including those employed by any other performing party, providing direct assistance to persons with disabilities and persons with reduced mobility,receive disability-related training in order to know how to meet the needs of persons with disabilities and of persons with reduced mobility, including those with mental and intellectual impairments;
Amendment 308 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) provide training to raise awareness of the needs of persons with disabilities among all personnel working at the station who deal directly with the travelling publicstaff;
Amendment 312 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) ensure that, upon recruitment, all new employeesstaff receive disability-related training, and that personnel attend regular refresher training courses.ttend regular refresher training courses, and that advanced level or more specialised disability-related training is also provided where necessary;
Amendment 313 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
(d) accept upon requestencourage actively the participation, in the training, of employeesstaff with disabilities, as well as passengers with disabilities and with reduced mobility, and/or organisations representing them.;
Amendment 314 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Where there is no ticket office or accessible ticketing machine in the station of departure, persons with disabilities and persons with reduced mobility shall be permitted to buy tickets on board the train at no extra costTickets bought on board the train shall not cost more than the relevant standard fare for the journey concerned with any applicable discounts.
Amendment 316 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d a (new)
Article 26 – paragraph 1 – point d a (new)
(da) involve organisations representing persons with disabilities and with reduced mobility in the design and delivery of disability-related training;
Amendment 317 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d b (new)
Article 26 – paragraph 1 – point d b (new)
(db) disability-related training courses mentioned in paragraphs (a) to (e) of this Article shall meet the specifications set out in Annex VI.
Amendment 337 #
2017/0237(COD)
Proposal for a regulation
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3a. The national enforcement bodies, in collaboration with organisations representative of persons with disabilities and with reduced mobility, shall conduct regular audits of the assistance services provided in accordance with this Regulation and publish the results inaccessible formats.
Amendment 375 #
2017/0237(COD)
Proposal for a regulation
Annex V a (new)
Annex V a (new)
Amendment 457 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
6a. Without prejudice to this Article or Articles 16 and 17, in the case of a missed connection due to the delay or cancellation of a train on an earlier leg of the journey or combined journey the passenger should be allowed to take the next service enabling them to reach their destination station in the most convenient reasonable manner.
Amendment 548 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) ensure that all personnelstaff, including those employed by any other performing party, providing direct assistance to persons with disabilities and persons with reduced mobility,receive disability-related training in order to know how to meet the needs of persons with disabilities and of persons with reduced mobility, including those with mental and intellectual impairments;
Amendment 551 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) provide training to raise awareness of the needs of persons with disabilities among all personnel working at the station who deal directly with the travelling publicstaff;
Amendment 560 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) ensure that, upon recruitment, all new employeesstaff receive disability-related training, and that personnel attend regular refresher training courses.ttend regular refresher training courses, and that advanced level or more specialised disability-related training is also provided where necessary;
Amendment 563 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
(d) accept upon requestencourage actively the participation, in the training, of employeesstaff with disabilities, as well as passengers with disabilities and with reduced mobility, and/or organisations representing them.;
Amendment 567 #
2017/0237(COD)
(da) involve organisations representing persons with disabilities and with reduced mobility in the design and delivery of disability-related training;
Amendment 568 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
Disability-related training courses mentioned in paragraphs (a) to (e) of this Article shall meet the specifications set out in Annex VI.
Amendment 41 #
2017/0228(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The digitisation of the economy is accelerating. Information and Communications Technology (ICT) is no longer a specific sector but the foundation of all modern innovative economic systems and societies. Electronic data is at the centre of those systems and can generate great value when analysed or combined with services and products. At the same time, cybersecurity represents one of the major threats to our societies. Securing network and information systems in the European Union is essential for the further development of the online economy, as well as for ensuring that there is trust in the digital economy as a whole. Consequently, this Regulation and the ENISA Regulation [2017/0225(COD)] need to be fully consistent with one another.
Amendment 72 #
2017/0228(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Under Regulation (EU) 2016/679, Member States may neither restrict nor prohibit the free movement of personal data within the Union for reasons connected with the protection of natural persons with regard to the processing of personal data. This Regulation establishes the same principle of free movement within the Union for non-personal data except when a restriction or a prohibition would be justified for security reasons. Regulation (EU) 2016/679 and this Regulation provide a coherent set of rules that cater for free movement of different types of data. In the case of mixed data sets, Regulation (EU) 2016/679 should apply to the personal data part of the set, and this Regulation should apply to the non-personal data part of the set. Where non-personal and personal data are inextricably linked, this Regulation should not prejudice the application of Regulation (EU) 2016/679. The protection of the privacy of natural and legal persons as well as the protection of the processing of personal data, in particular Regulation (EU) 2016/679, Directive (EU) 2016/680 and Directive 2002/58/EC shall not be affected by this. Furthermore, this Regulation does not impose an obligation to store the different types of data separately.
Amendment 78 #
2017/0228(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Whereas data that is neither personal nor non-personal does not exist by definition, new technological advancements in big data analytics have opened up for the possibility to turn anonymised non-personal data into personal data by comparing and aggregating large quantities of non- personal data. In this case, the line between personal data and non-personal data is not fixed but rather depends upon technological developments and new uses of technologies. In these instances, where non-personal data has become personalised, the data should be treated as such and the provisions laid down in Regulation (EU) 2016/679 should apply accordingly.
Amendment 82 #
2017/0228(COD)
Proposal for a regulation
Recital 10 b (new)
Recital 10 b (new)
(10b) The growing availability of Internet of Things (IoT) and the development of machine learning and Artificial Intelligence (AI) goes hand in hand with the proliferation of devices that collect non-personal data. These new technologies are already used in farm productivity, translation, manufacturing robots and navigation systems among others. However, data collected within certain industries could contain both personal and non-personal data and should be treated under the Regulation (EU) 2016/679 and this regulation respectively.
Amendment 83 #
2017/0228(COD)
Proposal for a regulation
Recital 10 c (new)
Recital 10 c (new)
(10c) The Commission should provide clear and easily accessible guidelines on the legal treatment of mixed data sets in order for especially SMEs to handle the interaction between this Regulation and Regulation (EU) 2016/679.
Amendment 93 #
2017/0228(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) The concept of ‘public security’, is understood within the meaning of Article 52 of the TFEU and as interpreted by the European Court of Justice. The concept of ‘public security’ covers both the internal and external security of a Member State. Public security presupposes the existence of a genuine and sufficiently serious threat affecting one of the fundamental interests of society, such as a threat to the functioning of institutions and essential public services and the survival of the population, as well as by risk of a serious disturbance to foreign relations or the peaceful coexistence of nations, or a risk of military interest.
Amendment 114 #
2017/0228(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to take full advantage of the competitive environment, professional users should be able to make informed choices and easily compare the individual components of various data storage or other processing services offered in the internal market, including as to the contractual conditions of porting data upon the termination of a contract. In order to align with the innovation potential of the market and to take into account the experience and expertise of the providers and professional users of data storage or other processing services, the detailed information and operational requirements for data porting should be defined by market players through self-regulation, encouraged and facilitated by the Commission, in the form of Union codes of conduct which may entail model contract terms. Nonetheless, if such codes of conduct are not put in place and effectively implemented within a reasonable period of time, the Commission should review the situation. based on Commission non- binding guidelines, in the form of Union codes of conduct which may entail model contract terms. When drafting the guidelines, the Commission may take into account “Cloud Service Level Agreement Standardisation Guidelines” and the activities performed within the Cloud Stakeholders’ Platform initiative. The Commission shall ensure that all relevant stakeholders, including small and medium enterprises and start-ups are consulted in the process. Nonetheless, if such codes of conduct are not put in place and effectively implemented or do not sufficiently meet the objectives of the proposed Regulation, the Commission should review the situation within two years after the entry into force of this Regulation and introduce, if appropriate, a statutory right to data portability.
Amendment 128 #
2017/0228(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The Commission should periodically review this Regulation, in particular with a view to determining the need for modifications in the light of technological or market developments, especially with regards to the development of artificial intelligence, machine learning, Internet of Things, big data analysis among others.
Amendment 142 #
2017/0228(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. In the case of mixed data sets, this Regulation shall apply to the non- personal data part of the set. Where personal and non-personal data are inextricably linked, this Regulation shall apply without prejudice to Regulation (EU) 2016/679.
Amendment 150 #
2017/0228(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
1a. ‘mixed data set’ means a data set composed of both personal and non- personal data.
Amendment 178 #
2017/0228(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where a competent authority has exhausted all applicable means to obtain access to the datadoes not receive access to the data after having contacted the provider of the data storage or processing service, it may request the assistance of a competent authority in another Member State in accordance with the procedure laid down in Article 7, and the requested competent authority shall provide assistance in accordance with the procedure laid down in Article 7, unless it would be contrary to the public order of the requested Member State.
Amendment 193 #
2017/0228(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The Commission shall encourage and facilitateprepare non-binding guidelines on the development of self- regulatory codes of conduct at Union level, in order to define guidelines oncluding best practices in facilitating the switching of providers and to ensure that they provide professional users with sufficiently detailed, clear and transparent information before a contract for data storage and processing is concluded, as regards the following issues:
Amendment 203 #
2017/0228(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. The Commission shall ensure that the codes of conduct are developed in close cooperation with all relevant stakeholders, including associations of small and medium-sized enterprises and start-ups, users and providers of cloud services.
Amendment 212 #
2017/0228(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission shall reviewsubmit a report to the European Parliament and to the Council on the development and effective implementation of such codes of conduct and the effective provision of information by providers no later than two years after the start of application of this Regulation. The report shall be accompanied, if appropriate, by legislative proposals.
Amendment 218 #
2017/0228(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. No later than [53 years after the date mentioned in Article 10(2)], the Commission shall carry out a review of this Regulation and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The Commission shall review the implementation of this Regulation in particular in respect of:
Amendment 223 #
2017/0228(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a (new)
Article 9 – paragraph 1 – point a (new)
(a) The application of this Regulation to mixed data sets especially taking into account the development of new technologies such as Internet of Things, artificial intelligence, big data analysis and the process of deanonymising data.
Amendment 226 #
2017/0228(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b (new)
Article 9 – paragraph 1 – point b (new)
(b) The use of the public security exception by Member States as defined in Article 4(1).
Amendment 229 #
2017/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. By 6 months after the date of publication of this Regulation the Commission shall provide guidelines on the legal treatment of mixed data sets and the interaction between this Regulation and Regulation (EU) 2016/679.
Amendment 55 #
2017/0225(COD)
(3) Increased digitisation and connectivity lead to increased cybersecurity risks, thus making society at large more vulnerable to cyber threats and exacerbating dangers faced by individuals, including vulnerable persons such as children. The transformative power of Artificial Intelligence and machine learning will be harnessed by society at large, but also by cyber criminals. In order to mitigate thisese risks to society, all necessary actions need to be taken to improve cybersecurity in the EU to better protect network and information systems, telecommunication networks, digital products, services and devices used by citizens, governments and business – from SMEs to operators of critical infrastructures – from cyber threats.
Amendment 69 #
2017/0225(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The Agency should contribute towards raising the awareness of the public about risks related to cybersecurity and provide guidance on good practices for individual users aimed at citizens and organisations. The Agency should also contribute to promote best practices and solutions at the level of individuals and organisations by collecting and analysing publicly available information regarding significant incidents, and by compiling reports with a view to providing guidance to businesses and citizens and improving the overall level of preparedness and resilience. The Agency should furthermore organise, in cooperation with the Member States and the Union institutions, bodies, offices and agencies regular outreach and public education campaigns directed to end-users, aiming at promoting safer individual online behaviour and raising awareness of potential threats in cyberspace, including cybercrimes such as phishing attacks, ransomware attacks, hijacking, botnets, financial and banking fraud, as well as promoting basic authentication and data protection advice. The Agency should play a central role in accelerating end-user awareness on security of devices.
Amendment 70 #
2017/0225(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) The Agency should promote mainstreaming the security by design principle, which is paramount to improving the security of connected devices. Security by design is especially important for devices targeted at vulnerable end-users, such as children.
Amendment 73 #
2017/0225(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The Agency should encourage Member States and service providers to raise their general security standards so that all internet users can take the necessary steps to ensure their own personal cybersecurity. In particular, service providers and product manufacturers should withdraw or recycle products and services that do not meet cybersecurity standards. In cooperation with competent authorities, ENISA may disseminate information regarding the level of cybersecurity of the products and services offered in the internal market, and issue warnings targeting providers and manufacturers and requiring them to improve the security, including cybersecurity, of their products and services. Any providers or manufacturers receiving a warning regarding the level of cybersecurity of their products should be made public on a dedicated portal.
Amendment 85 #
2017/0225(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Conformity assessment is the process demonstrating whether specified requirements relating to a product, process, service, system, person or body have been fulfilled. For the purposes of this Regulation, certification should be considered as a type of conformity assessment regarding the cybersecurity features of a product, process, service, system, or a combination of those (“ICT products and services”) by an independent third party, other than the product manufacturer or service provider. Certification cannot guarantee per se that certified ICT products and services are cyber secure and the end user should be made aware of it. It is rather a procedure and technical methodology to attest that ICT products and services have been tested and that they comply with certain cybersecurity requirements laid down elsewhere, for example as specified in technical standards.
Amendment 98 #
2017/0225(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) The purpose of European cybersecurity certification schemes should be to ensure that ICT products and services certified under such a scheme comply with specified requirements. Such requirements concern the ability to resist, at a given level of assurance, actions that aim to compromise the availability, authenticity, integrity and confidentiality of stored or transmitted or processed data or the related functions of or services offered by, or accessible via those products, processes, services and systems within the meaning of this Regulation. It is not possible to set out in detail in this Regulation the cybersecurity requirements relating to all ICT products and services. ICT products and services and related cybersecurity needs are so diverse that it is very difficult to come up with general cybersecurity requirements valid across the board. It is, therefore necessary to adopt a broad and general notion of cybersecurity for the purpose of certification, complemented by a set of specific cybersecurity objectives that need to be taken into account when designing European cybersecurity certification schemes. The modalities with which such objectives will be achieved in specific ICT products and services should then be further specified in detail at the level of the individual certification scheme adopted by the Commission, for example by reference to standards or technical specifications. Where the certification scheme provides for marks or labels, the conditions under which such marks or labels may be used have to be outlined; The marks and labels must be clear and easily understandable for the end-user.
Amendment 105 #
2017/0225(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) The Commission should be empowered to request ENISA to prepare candidate schemes for specific ICT products or services. The Commission, based on the candidate scheme proposed by ENISA, should then be empowered to adopt the European cybersecurity certification scheme by means of implementing acts. Taking account of the general purpose and security objectives identified in this Regulation, European cybersecurity certification schemes adopted by the Commission should specify a minimum set of elements concerning the subject-matter, the scope and functioning of the individual scheme. These should include among others the scope and object of the cybersecurity certification, including the categories of ICT products and services covered, the detailed specification of the cybersecurity requirements, for example by reference to standards or technical specifications, the specific evaluation criteria and evaluation methods, as well as the intended level of assurance: basic, substantial and/or high. Schemes providing for marks or labels could be an incentive for businesses to achieve best-practice in security.
Amendment 191 #
2017/0225(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) pool, organise and make available to the public, through a dedicated portal, information on cybersecurity, provided by the Union institutions, agencies and bodies, including information about significant cybersecurity incidents, major data breaches, and information on any providers or manufacturers who have received a warning from ENISA regarding the level of cybersecurity of their products;
Amendment 233 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. When preparing candidate schemes referred to in paragraph 1 of this Article, ENISA shall consult all relevant stakeholders and closely cooperate with the Group. The Group shall provide ENISA with the assistance and expert advice required by ENISA in relation to the preparation of the candidate scheme, including by providing opinions where necessary. ENISA shall ensure the participation of Member States’ representatives and all important parties concerned with the ICT product group or service in question. This includes parties along the value chains, such as trade unions, traders, retailers, importers, conformity assessment bodies, end-users and others. Business stakeholders including, but not limited to: manufacturers, cybersecurity solution providers, system integrators, security practitioners and asset owners, shall also be involved.
Amendment 239 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. When preparing candidate schemes referred to in paragraph 1 of this Article, ENISA shall consult all relevant stakeholders, including the relevant civil society representatives such as consumer organisations, and closely cooperate with the Group. The Group shall provide ENISA with the assistance and expert advice required by ENISA in relation to the preparation of the candidate scheme, including by providing opinions where necessary.
Amendment 245 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 2 a (new)
Article 44 – paragraph 2 a (new)
2a. ENISA shall seek to align any candidate cybersecurity certification scheme, prepared pursuant to paragraph 1 of this Article, with relevant internationally recognised standards to the greatest extent possible.
Amendment 275 #
2017/0225(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point g a (new)
Article 45 – paragraph 1 – point g a (new)
(ga) ensure that ICT products and services are developed according to the principle of ‘security by design’, following a risk-based approach depending on the context and severity of the situation as defined in Article 46.
Amendment 307 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point c
Article 46 – paragraph 2 – point c
(c) assurance level high shall refer to a certificate issued in the context of a European cybersecurity certification scheme, which provides a higher degree of confidence in the claimed or asserted cybersecurity qualities of an ICT product or service than certificates with the assurance level substantial, and is characterised with reference to technical specifications, standards and procedures related thereto, including technical controls, the purpose of which is to prevent cybersecurity incidents. This assurance level must not suggest absolute security, so as not to mislead the end-user.
Amendment 339 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point h a (new)
Article 47 – paragraph 1 – point h a (new)
(ha) The certification scheme shall specify the conditions for recertification or assessment of a product or service. This is of particular importance for software services possessing continuous security and update features, such as patches, for which a rapid assessment or re-certification is necessary in order to avoid detrimental impacts on that product or service’s overall security.
Amendment 437 #
2017/0225(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point f a (new)
Article 53 – paragraph 3 – point f a (new)
(fa) to facilitate the alignment of European cybersecurity certification schemes with internationally recognised standards, including by: i) on an ongoing basis, reviewing existing European cybersecurity certification schemes to identify areas in which such schemes should be updated or modified to align with internationally recognised standards; ii) when appropriate, making recommendations to ENISA on areas where it should undertake engagement with relevant international standardisation organisations to address insufficiencies or gaps in available internationally recognised standards;
Amendment 154 #
2017/0143(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
Amendment 157 #
2017/0143(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Due to the role a PEPP is expected to play in the building of the CMU and in the channelling of capital towards the real economy and long-term sustainable projects, savers need to go through a transparent decision-making process, which helps them to understand the financial and non-financial consequences of their investment decision and on the mutual relationship between the performance of the PEPP product and the environmental, social and governance factors. The effectiveness of this process is related to a high level of transparency and disclosure as well as to a proper engagement of savers.
Amendment 158 #
2017/0143(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In its Communication Mid-Term Review of the Capital Markets Union Action Plan32, the Commission announced “a legislative proposal on a pan-European Personal Pension Product (PEPP) by end June 2017. This will lay the foundations for a safer, more cost-efficient and transparent market in affordable and voluntary personal pension savings that can be managed on a pan-European scale. It will meet the needs of people wishing to enhance the adequacy of their retirement savings, and might thus help partially to address the demographical challenge, complement the existing pension products and schemes, and support the cost- efficiency of personal pensions by offering good opportunities for long-term investment of pension savings”. _________________ 32 COM(2017) 292 final, p. 6.
Amendment 160 #
2017/0143(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Financial education can support the understanding and awareness of households’ saving choices in the area of voluntary personal pension schemes. Savers shall also have a fair chance to fully grasp the risks and the features related to a pan-European product.
Amendment 170 #
2017/0143(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) PEPP providers should have access to the whole Union market with one single product authorisation issued by the European Insurance and Occupational Pensions Authority (“EIOPA”), on the basis of a single set of rules and in cooperation with national competent authorities.
Amendment 181 #
2017/0143(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to allow a smooth transition for PEPP providers, the obligation of providing PEPPs comprising compartments for each Member State will apply threor creating partnerships among authorised PEPP providers to comply with this requirement will apply five years after the entry into force of this Regulation. However, upon launching a PEPP, the provider should provide information on which national compartments are immediately available, in order to avoid a possible misleading of consumers. Moreover, when portability within a PEPP from a provider or its partners is not yet available, the PEPP saver should be allowed to switch free of charge to ensure portability.
Amendment 191 #
2017/0143(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Taking into account the nature of the pension scheme established and the administrative burden involved, PEPP providers and distributors should provide clear and adequate information to potential PEPP savers and PEPP beneficiaries to support their decision-making about their retirement. For the same reason, PEPP providers and distributors should equally ensure a high level of transparency throughout the various phases of a scheme comprising pre-enrolment, membership (including pre-retirement) and post- retirement. In particular, information concerning accrued pension entitlements, projected levels of retirement benefits, risks and guarantees, the proportion of ESG investments, and costs should be given. Where projected levels of retirement benefits are based on economic scenarios, that information should also include an unfavourable scenario, which should be extreme but plausible.
Amendment 210 #
2017/0143(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) By setting the prudent person rule as the underlying principle for capital investment and making it possible for PEPP providers to operate across borders, the redirection of savings into the sector of personal retirement provision is encouraged, thereby contributing to economic and social progress. The prudent person rule shall also take into consideration the role played by environmental, social and governance factors in the investment process.
Amendment 218 #
2017/0143(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Environmental, social and governance factors, as referred to in the United Nations-supported Principles for Responsible Investment, are important for the investment policy and risk management systems of PEPP providers. PEPP providers should be encouraged to consider such factors in investment decisions and to take into account how they form part of their risk management system. This risk assessment should also be made available to EIOPA and to the competent authorities as well as to PEPP savers. Where relevant, it should also include risks related to climate change, use of resources, the environment, social risks, and risks related to the depreciation of assets due to regulatory change (‘stranded assets’).
Amendment 221 #
2017/0143(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) In view of the long-term retirement objective of the PEPP, the investment options granted to the PEPP savers should be framed, covering the elements which allow investors to make an investment decision, including the number of investment options they can choose from. After the initial choice made upon the subscription of a PEPP, the PEPP saver should have the possibility to modify this choice at reasonable intervals (every five years) or in case of justified reasons, such as breaches of law or proven negligence, so that sufficient stability is offered to providers for their long-term investment strategy whilst at the same time investor protection is ensured.
Amendment 225 #
2017/0143(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The default investment option should allow the PEPP saver to recoup the real invested capital. The PEPP providers could in addition include an inflation indexation mechanism to at least partly cove before the accumulated fees and costs are deducted and after accounting for inflation.
Amendment 246 #
2017/0143(COD)
Proposal for a regulation
Recital 54 a (new)
Recital 54 a (new)
(54a) Under the default option, a fixed amount of 70 % of out-payments in form of annuities should be mandatory.
Amendment 255 #
2017/0143(COD)
Proposal for a regulation
Recital 67 a (new)
Recital 67 a (new)
(67a) The tax regime applied to a PEPP product should be that of the Member State where a PEPP saver is resident, in order to prevent any tax abuse due to the different national taxation systems.
Amendment 274 #
2017/0143(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20a) ‘partnership’ means a collaboration between PEPP providers for the provision of national compartments.
Amendment 275 #
2017/0143(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) “capital” means aggregate capital contributions and uncalled committed capital, calculated on the basis of amounts investible afterbefore deduction of all fees, charges and expenses that are directly or indirectly borne by investors;
Amendment 276 #
2017/0143(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21 a (new)
Article 2 – paragraph 1 – point 21 a (new)
(21a) “Capital protection” means a guarantee for accumulated capital invested before deduction of fees, charges and expenses and after inflation is accounted for;
Amendment 294 #
2017/0143(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
Amendment 298 #
2017/0143(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point d
Article 5 – paragraph 2 – point d
(d) information on arrangements regarding portfolio and risk management and administration with regard to the PEPP, including the role played by environmental, social and governance factors in the investment process, as well as, the long-term impact and the externalities of the investment decisions;
Amendment 301 #
2017/0143(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point e
Article 5 – paragraph 2 – point e
(e) information about the investment strategies, the risk profile and other characteristics of the PEPP, including the role played by environmental, social and governance factors in the investment process, as well as, the long-term impact and the externalities of the investment decision;
Amendment 305 #
2017/0143(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. EIOPA shall consult the national competent authority of the applicant when it receives an application for authorisation of a PEPP. EIOPA may ask the competent authority of the financial undertaking applying for the authorisation for clarification and information as regards the documentation referred to in paragraph 2. The competent authority shall reply to the request within 10 working days from the date on which it has received the request submitted by EIOPA. The competent national authority may object the authorisation of an application.
Amendment 315 #
2017/0143(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d a (new)
Article 6 – paragraph 1 – point d a (new)
(da) the proposed PEPP is based on an investment strategy that states to what extent environmental, social and governance factors are included in the proposed provider’s risk management system.
Amendment 318 #
2017/0143(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Before taking a decision on the application, EIOPA shall consult the competent national authority of the applicant. The competent national authority may submit an objection regarding an applicant.
Amendment 325 #
2017/0143(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 (new)
Article 6 – paragraph 4 – subparagraph 1 (new)
If an authorisation for a PEPP is withdrawn, PEPP savers shall be immediately informed of the withdrawal of authorisation and its consequences by the competent authority. In such cases, PEPP savers shall also be entitled to switch PEPP providers at no additional cost, irrespective of the switching frequency outlined in Article 45. EIOPA shall, together with the national competent authorities, facilitate the switching and transfer of affected PEPP contracts.
Amendment 329 #
2017/0143(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. EIOPA shall, on a quarterly basiswithout delay, inform the competent authorities of the financial undertakings listed in Article 5(1) of decisions to grant, refuse or withdraw authorisations pursuant to this Regulation.
Amendment 332 #
2017/0143(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. EAt the request of the saver, existing personal pension products may be converted into “PEPPs” following authorisation by EIOPA.
Amendment 340 #
2017/0143(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
EIOPA shall keep a central public register identifying each PEPP authorised under this Regulation, with information regarding the available national compartments and partnerships of each PEPP, the provider of this PEPP and the competent authority of the PEPP provider. The register shall be made publicly available in electronic format.
Amendment 346 #
2017/0143(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. PEPP providers shall provide through national compartments or cross- border partnerships the portability service to PEPP savers holding a PEPP account with them and requesting this service.
Amendment 348 #
2017/0143(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. When proposing a PEPP, the PEPP provider or PEPP distributor shall provide potential PEPP savers with information on which national compartments are immediately available, either directly from the PEPP provider or through registered cross-border partners.
Amendment 350 #
2017/0143(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. ThreFive years at the latest after the entry into application of this Regulation, each PEPP shall offer national compartmentPEPP providers shall offer portability of their PEPP products either through national compartments or through partnerships for all Member States upon request addressed to the PEPP provider.
Amendment 354 #
2017/0143(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1 (new)
Article 13 – paragraph 3 – subparagraph 1 (new)
PEPP savers have the right to switch PEPP providers free of charge when they move to a Member State where their PEPP provider cannot offer portability through a compartment or partnership.
Amendment 355 #
2017/0143(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Without prejudice to the deadline under Article 13(3), PEPP providers shall ensure that within each individual PEPP account a new compartment or partnership could be opened, corresponding to the legal requirements and conditions for using incentives fixed at national level for the PEPP by the Member State to which the PEPP saver moves.
Amendment 358 #
2017/0143(COD)
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14a Partnerships between authorised PEPP providers for the provision of national compartments 1. PEPP providers, as listed in Article 5, may form cross-border partnerships for the provision of national compartments in order to fulfil the obligations laid down in Article 13. 2. EIOPA shall be informed about cross- border partnership agreements between PEPP providers.
Amendment 361 #
2017/0143(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Without prejudice to the deadline under Article 13(3), immediately after being informed about the PEPP saver’s intention to exercise his right of mobility between Member States, the PEPP provider shall inform the PEPP saver about the possibility to open, free of charge, a new compartment within the PEPP saver’s individual account and about the deadline within which such compartment could be opened.
Amendment 367 #
2017/0143(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Not later than threone months following the reception of the request under paragraph 2, the PEPP provider shall provide the PEPP saver with complete information and advice both free of charge and advice, under Chapter IV, Sections II and III regarding the conditions applicable to the new compartment.
Amendment 368 #
2017/0143(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. At the request of the PEPP saver, the PEPP provider shall propose to the PEPP saver to arrange for transfer of accumulated assets between different compartments of the individual PEPP account, free of charge, so that all assets could be consolidated in one compartment.
Amendment 369 #
2017/0143(COD)
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. Before concluding a request for transfer, the PEPP provider shall inform the PEPP saver about all the implications of this asset-transfer and on applicable national transfer taxes or fees.
Amendment 370 #
2017/0143(COD)
Proposal for a regulation
Article 17 – title
Article 17 – title
Provision of information on portability to the nationalcompetent authorities
Amendment 371 #
2017/0143(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. All contractual arrangements for providing the portability service shall be notified by the PEPP provider to the respective national authority exercising prudential supervision over itEIOPA.
Amendment 375 #
2017/0143(COD)
Proposal for a regulation
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. The information under paragraph 1 shall be filed electronically in a central database held with the national supervisory EIOPA and accessible to the competent national authorityies, within one month of opening the new compartment andor partnership. The respective competent national authorities shall be informed automatically of any changes concerning the national compartment or partnership. The database shall contain at least:
Amendment 378 #
2017/0143(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) identification of the compartment or partnership (name of the PEPP saver; applicable national legislation; date of opening the compartment or partnership);
Amendment 385 #
2017/0143(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
All documents and information under this Chapter shall be provided to PEPP customers electronically, provided that the PEPP customer is enabled to store such information in a way accessible for future reference and for a period of time adequate for the purposes of the information and that the tool allows the unchanged reprodufree of charge to the PEPP customer through a format of their choice, either electiron of the information stored. Upon request, PEPP providers and distributors shall provide free of charge those documents and information also on another durable mediumically or in writing, or upon request, in accessible formats.
Amendment 388 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Before a PEPP is proposed to PEPP savers, the PEPP provider shall draw up for that product a PEPP key information document in accordance with the requirements of this Chapter and shall publish the document on its website. The key information document shall be a separate document, which is clearly distinguishable from marketing material. Each key information document shall have one investment option.
Amendment 397 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 3 – point i
Article 23 – paragraph 3 – point i
(i) a description of the retirement benefits and the extent to which they are guaranteed and a description of Member State tax incentives and benefits;
Amendment 400 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 3 – point iii
Article 23 – paragraph 3 – point iii
(iii) the retirement age applicable in the Member State of domicile; possible forms of out-payments and the right to change chosen form of out-payments;
Amendment 402 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 3 – point iv
Article 23 – paragraph 3 – point iv
(iv) general information on the portability service, including information on the compartments and tax treatment of compartments;
Amendment 404 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 3 – point v
Article 23 – paragraph 3 – point v
(v) general information on the switching service, and a reference to the specific information about the switching service available under Article 50;
Amendment 410 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. In addition to the PEPP key information document, PEPP providers and PEPP distributors shall provide potential PEPP savers with references to any reports on the solvency and financial condition of the PEPP provider, allowing them easy access to this information free of charge.
Amendment 413 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. Potential PEPP savers shall also be provided with information on the past performance of investments related to the PEPP scheme covering a minimum of fiveten years, or, where the scheme has been operating for fewer than fiveten years, covering all the years that the scheme has been operating, as well as with information on the structure of costs borne by PEPP savers and PEPP beneficiaries free of charge.
Amendment 434 #
2017/0143(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. In good time before the conclusion of a PEPP-related contraWhen a potential PEPP saver expresses interest in a PEPP product, PEPP providers or distributors referred to in Article 19(c) of this Regulation shall immediately provide PEPP savers or potential PEPP savers with at least the key information document and information in relation to the PEPP contract and themselves set out in Article 19 and in points (a) and (c) of the first subparagraph of Article 29(1) of Directive (EU) 2016/97 in relation to insurance contracts and insurance intermediaries.
Amendment 435 #
2017/0143(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The information referred to in this paragraph 1 shall be provided in a standardised format allowing for comparison and in a comprehensible form in such a manner that PEPP savers are reasonably able to understand the nature and risks and costs concerning the PEPP offered and, consequently, to take investment decisions on an informed basis.
Amendment 439 #
2017/0143(COD)
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 a (new)
Article 25 – paragraph 1 – subparagraph 1 a (new)
The PEPP provider shall give a standardised decision support tool, to be established by EIOPA, to help potential PEPP savers, in the initial phase of interest, to assess which PEPP product, the default option or any other alternative investment option, would be suitable for them. The decision support tool shall specify the main differences between the default option and the alternative investment options. The tool shall not constitute a personal recommendation and shall not replace any demands on advice.
Amendment 440 #
2017/0143(COD)
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 b (new)
Article 25 – paragraph 1 – subparagraph 1 b (new)
Advice shall aim at assessing the risk aversion and the financial knowledge of a PEPP saver, their ability to bear losses, as well as, facilitating the saver to be able to choose the investment option which best corresponds to their risk profile.
Amendment 441 #
2017/0143(COD)
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 c (new)
Article 25 – paragraph 1 – subparagraph 1 c (new)
Through advice, the PEPP saver shall be informed of the main features of the product.
Amendment 442 #
2017/0143(COD)
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 2
Article 25 – paragraph 1 – subparagraph 2
Any contract proposed shall be consistent with the PEPP savers’ retirement demands and needs. and understanding of the product.
Amendment 444 #
2017/0143(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Where advice is provided prior to the conclusion of any specific contract, the PEPP provider or distributor referred to in Article 19(c) of this Regulation shall provide the PEPP saver with a personalised recommendation explaining why a particular PEPP would best meet the PEPP savers’s demands and needs, also consistent with their ability to bear risk.
Amendment 457 #
2017/0143(COD)
Proposal for a regulation
Article 26 a (new)
Article 26 a (new)
Article 26a PEPP Contract The PEPP contract should include the following: – Detailed information about all costs related to the PEPP product. – Information and procedure for opening a new national compartment – Conditions and options for out- payment: (a) default option at least 70 % of out- payments shall be in form of annuities; on request by the saver, a maximum of 30 % can be paid out in for of a lump sum during the decumulation phase. (b) other investment options – Conditions for supplementary provisions such as biometric risk – Terms for switching provider
Amendment 459 #
2017/0143(COD)
Proposal for a regulation
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1a. The Benefit Statement shall be provided at least annually and free of charge to the PEPP saver.
Amendment 463 #
2017/0143(COD)
Proposal for a regulation
Article 27 – paragraph 3 – point d
Article 27 – paragraph 3 – point d
(d) information on how the investment policy takes into account environmental, social and governance factors, including the role they play in the investment process as well as the long-term impact and the externalities of the investment decisions.
Amendment 469 #
2017/0143(COD)
(a) personal details of the PEPP saver, name of the PEPP provider, information on pension benefit projections, information on accrued entitlements or accumulated capital by compartment, contributions paid by the PEPP saver or any third party and information on the funding level of the PEPP scheme, for which Article 39, paragraphs 1(a), (b), (d), (e), (f) and (h) of Directive 2016/2341/EU shall be applied, where the "member" means the PEPP saver, the "IORP" means the PEPP provider, the "pension scheme" means the PEPP scheme and "the sponsoring undertaking" means any third party for the purposes of this Regulation;
Amendment 471 #
2017/0143(COD)
(aa) detailed data of the pension plan portfolio including composition and weight of assets.
Amendment 487 #
2017/0143(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point d a (new)
Article 28 – paragraph 1 – point d a (new)
(da) a summary of the PEPP provider's investment-policy principles.
Amendment 490 #
2017/0143(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point e
Article 28 – paragraph 1 – point e
(e) the total costs charged to the retail investor over the past 12 months through the total expenses ratio, a breakdown of the costs deducted by the PEPP provider at least over the last 12 months, indicating the costs of administration, costs of safekeeping of assets, costs related to portfolio transactions and other costs, as well as an estimation of the impact of the costs on the final benefits.
Amendment 511 #
2017/0143(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. One year before retirement, the PEPP saver shall be informed about the upcoming start of the decumulation phase and informed about the benefit pay-out options available.
Amendment 518 #
2017/0143(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point c
Article 33 – paragraph 1 – point c
(c) the assets shall be predominantly invested on regulated markets. Investment in assets which are not admitted to trading on a regulated financial market must in any event be kept to prudent levelnot exceed 20% of the total assets;
Amendment 520 #
2017/0143(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point g a (new)
Article 33 – paragraph 1 – point g a (new)
(ga) the investments of assets shall take into account the environmental, social, ethical and governance investment objectives of the PEPP saver.
Amendment 521 #
2017/0143(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. PEPP providers shall offer up to fand PEPP distributors shall offer first a safe, simple and cost-effective default investment option. PEPP providers may offer additional alternative investment options to PEPP savers.
Amendment 523 #
2017/0143(COD)
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
1a. PEPP providers and distributors who recommend any other investment option than the default option shall explain in writing to the prospective PEPP saver why the recommended option is more suitable for the client than the default option.
Amendment 524 #
2017/0143(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 526 #
2017/0143(COD)
Proposal for a regulation
Article 34 – paragraph 3 a (new)
Article 34 – paragraph 3 a (new)
3a. The default option and at least one alternative investment option shall include ethical, environmental, social and governance factors.
Amendment 527 #
2017/0143(COD)
Proposal for a regulation
Article 34 – paragraph 3 b (new)
Article 34 – paragraph 3 b (new)
3b. All investment options shall be cost-effective. A cap on total costs, fees and charges shall not exceed 0.75 % of the accumulated capital.
Amendment 528 #
2017/0143(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
The PEPP saver shall opt for an investment option after receiving the relevant information, advice and decision support tool, upon conclusion of the PEPP contract.
Amendment 529 #
2017/0143(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. The PEPP saver shall be able to opt for a different investment option once every five years ofduring the accumulation in the PEPPphase.
Amendment 530 #
2017/0143(COD)
Proposal for a regulation
Article 36 – paragraph 2 a (new)
Article 36 – paragraph 2 a (new)
2a. The PEPP provider shall inform and advise the PEPP saver of the potential implications that the investment modification will have.
Amendment 533 #
2017/0143(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The default investment option shall ensureguarantee for the PEPP saver real capital protection befor the PEPP saver,e accumulated fees and costs are deducted and after inflation is accounted for on the basis of a risk- mitigation technique that results in a safe investment strategy, according to the draft regulatory technical standards established by EIOPA.
Amendment 537 #
2017/0143(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Capital protection shall allow the PEPP saver to recoup the accumulated capital invested before accumulated fees and costs are deducted and after inflation is accounted for.
Amendment 541 #
2017/0143(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. If PEPP providers offer alternative investment options, at least onell of them shall offer a cost-effective investment option to PEPP savers.
Amendment 544 #
2017/0143(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The alternative investment options shall include risk-mitigation techniques to be defined by PEPP providers, according to the draft regulatory technical standards established by EIOPA.
Amendment 554 #
2017/0143(COD)
Proposal for a regulation
Article 40 – paragraph 2 a (new)
Article 40 – paragraph 2 a (new)
2a. Member States shall apply the same conditions related to the accumulation phase of PEPP products as to other comparable national products.
Amendment 557 #
2017/0143(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
PEPP providers may offer PEPPs with an option ensuring the coverage of the risk of biometric risks. For the purpose of this Regulation, "biometric risks" mean risks linked to longevity, disability and death. The provider shall disclose all the costs of this biometric risk coverage separately to the PEPP saver.
Amendment 566 #
2017/0143(COD)
Proposal for a regulation
Article 44 – paragraph 1 a (new)
Article 44 – paragraph 1 a (new)
1a. PEPP providers or distributors shall have to participate in the ADR schemes.
Amendment 567 #
2017/0143(COD)
Proposal for a regulation
Article 44 – paragraph 2 a (new)
Article 44 – paragraph 2 a (new)
2a. PEPP savers shall have the right to collective redress under this Regulation.
Amendment 574 #
2017/0143(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. The PEPP saver may switch PEPP providers no more frequently thanfree of charge once every five years after conclusion of the PEPP contract. PEPP providers and PEPP savers may agree on more frequent switching. The terms for switching shall be written in the PEPP contract.
Amendment 575 #
2017/0143(COD)
Proposal for a regulation
Article 45 – paragraph 2 a (new)
Article 45 – paragraph 2 a (new)
2a. In cases of justified reasons, PEPP savers shall be able to switch any time and free of charge.
Amendment 594 #
2017/0143(COD)
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
3. The total fees and charges applied by the transferring PEPP provider to the PEPP saver for the closure of the PEPP account held with it shall be limited to no more than 1,0,25 % of the positive balance to be transferred to the receiving PEPP provider.
Amendment 599 #
2017/0143(COD)
Proposal for a regulation
Article 48 – paragraph 4
Article 48 – paragraph 4
Amendment 616 #
2017/0143(COD)
Proposal for a regulation
Article 52 – paragraph 2 a (new)
Article 52 – paragraph 2 a (new)
Amendment 618 #
2017/0143(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. EIOPA shall monitor pension schemeproducts established or distributed in the territory of the Union to verify that they do not use the designation "PEPP" or suggest that they are a PEPP unless they are authorised under, and comply with, this Regulation.
Amendment 65 #
2017/0125(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The budget of the Programme should not affect negatively the implementation of the programmes from which redeployments are taken and should therefore primarily be funded from the Global Margin for Commitments, the Global Margin for Payments, and the Flexibility Instrument.
Amendment 68 #
2017/0125(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The Programme should be implemented in full compliance with Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council6. Funding may take in particular the form of grants. Financial instruments or public procurement, in full respect of the requirements of the Directive 2009/81/EC on defence and security procurement, may be used where appropriate. _________________ 6 Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
Amendment 94 #
2017/0125(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Cross-border collaboration in the development of defence products and technologies has often been hampered by the difficulty to agree on common technical specifications and/or standards. The absence or limited level of common technical specifications and/or standards have led to increased complexity, delays and inflated costs in the development phase. The agreement on common technical specifications and/or standards should be a condition in order to benefit from the Union's support under this Programme. Actions aiming at supporting the creation of a common definition of technical specifications and/or standards should also be eligible for support under the Programme.
Amendment 112 #
2017/0125(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The promotion of innovation and technological development in the Union defence industry should take place in a manner coherent with the security interests of the Union and in compliance with international law, also taking into consideration the concerns about Lethal Automated Weapons systems in the context of the UN Convention on Certain Conventional Weapons and the European Parliament's resolution of 27 February 2014 on the use of armed drones. Accordingly, the action's contribution to those interests and to the defence capability priorities commonly agreed by Member States should serve as an award criterion. Within the Union, common defence capability priorities are identified notably through the Capability Development Plan. Other Union processes such as the Coordinated Annual Review on Defence (CARD) and the Permanent Structured Cooperation will support the implementation of relevant priorities through enhanced cooperation. Where appropriate regional or international cooperative initiatives, such as in the NATO context, and serving the Union security and defence interest, may also be taken into account.
Amendment 131 #
2017/0125(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should establish a multiannual work programme in line with the objectives of the Programme. The Commission should be assisted in the establishment of the work programme by a committee of Member States (hereinafter referred to as Programme Committee). In light of the Union policy on Small and Medium Enterprises (SMEs) as key to ensuring economic growth, innovation, job creation, and social integration in the Union and the fact that the supported actions will typically require trans-national collaboration, it is of importance that the work programme will reflect and enable such cross-border participation of SMEs and that therefore a proportion of at least 10% of the overall budget will benefit such action.
Amendment 143 #
2017/0125(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The Commission should draw up an implementation reports at the end of the first year and at the end of the Programme, examining the financial activities in terms of financial implementation results and where possible, impact. This report should also analyse the cross border participation of SMEs in projects under the Programme as well as the participation of SMEs to the global value chain.
Amendment 169 #
2017/0125(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. The contribution from the Union budget should be progressively authorised by the European Parliament and the Council in the framework of the annual budgetary procedures. For this purpose, the budgetary authority shall make use, where appropriate, of all means available under Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the Multiannual Financial Framework for the years 2014-2020, with particular recourse to the Global Margin for Commitments, the Global Margin for Payments, and the Flexibility Instrument.
Amendment 182 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the design of a defence product, tangible or intangible component or technology as well as the technical specifications and/or standards on which such design has been developed;
Amendment 211 #
2017/0125(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Beneficiaries shall be undertakings established in the Union, in which Member States and/or nationals of Member States own more than 50% of the undertaking and effectively control it within the meaning of Article 6(3), whether directly or indirectly through one or more intermediate undertakings. In addition, all infrastructure, facilities, assets and resources used by the participants, including subcontractors and other third parties, in actions funded under the Programme shall not be located on the territory of non-the Member States during the entire duration of the action.
Amendment 250 #
2017/0125(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The work programme shall set out in detail the categories of projects to be funded under the Programme, with a specific project category focusing on the cross-border participation of SMEs;
Amendment 253 #
2017/0125(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The work programme shall ensure that a credible proportiont least 10% of the overall budget will benefit actions enabling the cross-border participation of SMEs.
Amendment 266 #
2017/0125(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. To support greater efficiency and effectiveness of future Union policy actions, the Commission shall draw up a retrospective evaluation report and send itn interim evaluation report after the first year of the Programme and a retrospective evaluation report at the end of the Programme. Those reports shall be submitted to the European Parliament and to the Council within reasonable time. The reports - building on relevant consultations of Member States and key stakeholders - shall notably assess the progress made towards the achievement of objectives set out in Article 2. It shall also analyse cross border participation of SMEs in projects implemented under the programme as well as the participation of SMEs to the global value chain.
Amendment 172 #
2017/0086(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The compliance with the quality criteria should be the responsibility of the competent authorities and the Commission in relation to the information, procedures and services which they are responsible for. The national coordinators and the Commission should supervise compliance with the quality criteria at national and Union level respectively, and address any problems that arise. In order to obtain adequate information for measuring the performance of the single digital gateway and to obtain the fullest possible overview of compliance with the quality criteria, the national coordinators should consult with all relevant national stakeholders and social partners. This Regulation should give the Commission a wide range of means to address any deterioration in the quality of services offered through the gateway, depending on the seriousness and persistence of such deterioration, which would include involving the gateway coordination group. This should not prejudge the overall responsibility of the Commission regarding the monitoring of the compliance with this Regulation.
Amendment 331 #
2017/0086(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a a (new)
Article 24 – paragraph 1 – point a a (new)
(aa) consult with all relevant national stakeholders and social partners;
Amendment 352 #
2017/0086(COD)
Proposal for a regulation
Annex III – point 7 a (new)
Annex III – point 7 a (new)
(7a) European Consumer Centres Network
Amendment 45 #
2017/0003(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Article 7 of the Charter of Fundamental Rights of the European Union ("the Charter") protects the fundamental right of everyone to the respect for his or her private and family life, home and communications. Respect for the privacy of one’'s communications is an essential dimension of this right. Confidentiality of electronic communications ensures that information exchanged between parties and the external elements of such communication, including when the information has been sent, from where, to whom, is not to be revealed to anyone other than to the parties involved in a communication. The principle of confidentiality should apply to current and future means of communication, including calls, internet access, instant messaging applications, e-mail, internet phone calls and personal messaging provided through social media, in-platform messages between users of a social network and any private messaging systems online.
Amendment 70 #
2017/0003(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation should apply to electronic communications data processed in connection with the provision and use of electronic communications services in the Union, regardless of whether or not the processing takes place in the Union. Moreover, in order not to deprive end-users in the Union of effective protection, this Regulation should also apply to electronic communications data processed in connection with the provision of electronic communications services from outside the Union to end-users in the Union. This should be the case irrespective of whether the electronic communications are connected to a payment or not.
Amendment 77 #
2017/0003(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi- private spaces such as 'hotspoWi-Fi access points' situated at different places within a city, for example department stores, shopping malls and hospitalcentres and hospitals, as well as airports, public transport, hotels and restaurants. Those Wi-Fi access points might require a login or a password and might be provided also by public administrations. To the extent that those communications networks are provided to an undefined group of end-users, the confidentiality of the communications transmitted through such networks should be protected. The fact that wireless electronic communications services may be ancillary to other services should not stand in the way of ensuring the protection of confidentiality of communications data and application of this Regulation. Therefore, this Regulation should apply to electronic communications data using electronic communications services and public communications networks. In addition, this Regulation should apply to closed social media profiles and groups that the user has restricted or defined as private. In contrast, this Regulation should not apply to closed groups of end-users such as corporate intranet networks, access to which is limited to members of the corporan organisation.
Amendment 87 #
2017/0003(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Electronic communications data should be treated as confidential. This means that any interference with the transmission of electronic communications data, whether directly by human intervention or through the intermediation of automated processing by machines, without the consent of all the communicating parties should be prohibited. When the processing is allowed under any exception to the prohibitions under this Regulation, any other processing on the basis of Article 6 of Regulation (EU) 2016/679 should be considered as prohibited, including processing for another purpose on the basis of Article 6(4) of that Regulation. This should not prevent requesting additional consent for new processing operations. The prohibition of interception of communications data should apply also during their conveyance, i.e. until receipt of the content of the electronic communication by the intended addressee, and to any temporary files in the network after receipt. Interception of electronic communications data may occur, for example, when someone other than the communicating parties, listens to calls, reads, scans or stores the content of electronic communications, or the associated metadata for purposes other than the exchange of communications. Interception also occurs when othirder parties monitor websites visited, timing of the visits, interaction with others, etc., without the consent of the end-user concerned. As technology evolves, the technical ways to engage in interception have also increased. Such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas, such as the so-called IMSI (International Mobile Subscriber Identity) catchers, to programs and techniques that, for example, surreptitiously monitor browsing habits for the purpose of creating end-user profiles. Other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers, and analysis of customers' traffic data, including browsing habits without the end-users' consent.
Amendment 94 #
2017/0003(COD)
(17) The processing of electronic communications data can be useful for businesses, consumers and society as a whole. Vis-à-vis Directive 2002/58/EC, this Regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata, based on end-users consent. However, end-users attach great importance to the confidentiality of their communications, including their online activities, and that they want to control the use of electronic communications data for purposes other than conveying the communication. Therefore, this Regulation should require providers of electronic communications services to obtain end-users' consent to process electronic communications metadata, which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service. Location data that is generated other than in the context of providing electronic communications services should not be considered as metadata. Examples of commercialExamples of such usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps; a graphical representation of data using colours to indicate the presence of individuals. To display the traffic movements in certain directions during a certain period of time, an identifier is necessary to link the positions of individuals at certain time intervals. This identifier would be missing if anonymous data, provided that the data are immediately anonymised or anonymisation techniques are used where to bhe used and such movement could not be displayedr is mixed with others. Such usage of electronic communications metadata could, for example, benefit public authorities and public transport operators to define where to develop new infrastructure, based on the usage of and pressure on the existing structure. Where a type of processing of electronic communications metadata, in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, a data protection impact assessment and, as the case may be, a consultation of the supervisory authority should take place prior to the processing, in accordance with Articles 35 and 36 of Regulation (EU) 2016/679.
Amendment 109 #
2017/0003(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Terminal equipment of end-users of electronic communications networks and any information relating to the usage of such terminal equipment, whether in particular is stored in or emitted by such equipment, requested from or processed in order to enable it to connect to another device and or network equipment, are part of the private sphere of the end-users requiring protection under the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms. Given that such equipment contains or processes sensitive information that may reveal details of an individual's emotional, political, social complexities, including the content of communications, pictures, the location of individuals by accessing the device’'s GPS capabilities, contact lists, and other information already stored in the device, the information related to such equipment requires enhanced privacy protection. Furthermore, the so-called spyware, web bugs, hidden identifiers, tracking cookies and other similar unwanted tracking tools can enter end-user's terminal equipment without their knowledge in order to gain access to information, to store hidden information and to trace the activities. Information related to the end-user’s' device may also be collected remotely for the purpose of identification and tracking, using techniques such as the so-called ‘'device fingerprinting’', often without the knowledge of the end-user, and may seriously intrude upon their privacy of these end-users. T. Therefore, any such interference with the users' terminal equipment should be allowed only with their consent and for specific and transparent purposes. The use of exceptionally privacy invasive technologies and techniques that surreptitiously monitor the actions of end-users, for example by tracking their activities online or the location of their terminal equipment without the users' knowledge, or subvert the operation of the end-users’' terminal equipment, pose a serious threat to the privacy of end-users. Therefore, any such interference with the end-user's terminal equipment should be allowed only with the end-user's consent and for specific and transparent purposesusers' privacy and should be forbidden.
Amendment 115 #
2017/0003(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Exceptions to the obligation to obtain consent to make use of the processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no, or only very limited, intrusion of privacy. For instance, consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end-user. This may include the storing of cookiesinformation (such as cookies and identifiers) for the duration of a single established session on a website to keep track of the end-user’'s input when filling in online forms over several pages. CookiesTracking techniques, if implemented with appropriate privacy safeguards, can also be a legitimate and useful tool, for example, in measuring web traffic to a website. Information society providers thatcould engage in configuration checking in order to provide the service in compliance with the end-user's settings and the mere logging ofrevealing the fact that the end-user’'s device is unable to receive content requested by the end- user, should not constitute access to such a device or use of the device processing capabilitieillegitimate access.
Amendment 119 #
2017/0003(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The methods used for providing information and obtaining end-user's consent should be as user-friendly as possible. Given the ubiquitous use of tracking cookies and other tracking techniques, end-users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment. As a result, end-users are overloaded with requests to provide consent. The use of technical means to provide consent, for example, through transparent and user-friendly settings, may address this problem. Therefore, this Regulation should prevent the use of so- called "cookie walls" and "cookie banners" that do not help users to maintain control over their personal information and privacy or become informed about their rights. This Regulation should provide for the possibility to express consent by technical specifications, for instance by using the appropriate settings of a browser or other application. Those settings should include choices concerning the storage of information on the user's terminal equipment as well as a signal sent by the browser or other application indicating the user's preferences to other parties. The choices made by end- users when establishing itsthe general privacy settings of a browser or other application should be binding on, and enforceable against, any third parties. Web browsers are a type of software application that permits the retrieval and presentation of information on the internet. Other typIn this sense, settings must be granular enough to control all data processing that the user consents to and to cover all relevant functionalities (for example, whether websites ofr applications, such as the ones that permit calling and messaging or provide route guidance, have also the same capabilities. Web browsers mediate much of what occurs between the end-user and the website. From this perspective, they are in a privileged position to play an active role to help the end-user to control the flow of information to and from the terminal equipment. More particularly web browsers may be used as gatekeepers, thus helping end-users to prevent information from their terminal equipment (for example smart phone, tablet or computer) from being accessed or storeds can collect location data from the user or can access specific hardware such as a webcam or microphone). Devices and software applications enabling electronic communications should implement technical mechanisms such as the Do Not Track standard to ensure that users' privacy is protected by default and that users are given genuine choice and control.
Amendment 125 #
2017/0003(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The principles of data protection by design and by default weare codified under Article 25 of Regulation (EU) 2016/679. Currently, the default settings for cookies are set in most current browsers to ‘accept all cookies’. Therefore providers of software enabling the retrieval and presentation of information on the internetHardware manufacturers and providers of software permitting electronic communications should have an obligation to configure thedevices and software so that it offers the option to prevent third parties from storing information on the terminal equipment; this is often presented as ‘rejecttheir default settings provide the highest level of privacy protection possible, protecting users' against cross-domain tracking and unauthorised interferences with theird party cookies’. End-users should be offered a set of privacy setting options, ranging from higher (for example, ‘never accept cookies’) to lower (for example, ‘always accept cookies’) and intermediate (for example, ‘reject third party cookies’ or ‘only accept first party cookies’). Such communications and terminal equipment. Users should be informed about the default privacy settings and any available options to change those settings during installation or first use of the device or software and when they make significant changes to it. Privacy settings should be presented in an objective, easily visible and intelligible manner. They should be easily accessible and modifiable during the use of the device or software. Information provided should not incentivise users to select lower privacy settings and should binclude presented in a an easily visible and intelligible mannerlevant information about the risks associated with each setting.
Amendment 133 #
2017/0003(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Children merit specific protection with regard to their online privacy. They usually start using the internet at an early age and become very active users. Yet, they may be less aware of the risks and consequences associated to their online activities, as well as less aware of their rights. Specific safeguards are necessary in relation to the use of children's data, notably for the purposes of marketing and the creation of personality or user profiles.
Amendment 143 #
2017/0003(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Accessing electronic communications networks requires the regular emission of certain data packets in order to discover or maintain a connection with the network or other devices on the network. Furthermore, devices must have a unique address assigned in order to be identifiable on that network. Wireless and cellular telephone standards similarly involve the emission of active signals containing unique identifiers such as a MAC address, the IMEI (International Mobile Station Equipment Identity), the IMSI etc. A single wireless base station (i.e. a transmitter and receiver), such as a wireless access point, has a specific range within which such information may be captured. Service providers have emerged who offer tracking services based on the scanning of equipment related information with diverse functionalities, including people counting, providing data on the number of people waiting in line, ascertaining the number of people in a specific area, etc. This information may be used for more intrusive purposes, such as to send commercial messages to end-users, for example when they enter stores, with personalized offers. While some of these functionalities domay not entail high privacy risks, others do, for example, those involving the tracking of individuals over time, including repeated visits to specified locations. Providers engaged in such practices should display prominent notices locaUsers' privacy should be adequately protected oin the edge of the area of coverage informing end-users prior to entering the defined area that the technology is in operation within a given perimeter, these situations. Information emitted by terminal equipment of users when connecting to a network or other device should only be processed should only be allowed for specific and transparent purpose os if the tracking, the person responsible for it and the existence of any measure the end-user of the terminal equipment can take to minimize or stop the collection. Additional information should be provided where personal data are collected pursuant tousers have consented or if the processing is necessary for statistical counting, as long as such counting is carried out for public utility purposes, there are no other means to achieve the envisaged purpose and that the measures established in Article 35 and Article 136 of Regulation (EU) 2016/679 have been fulfilled.
Amendment 252 #
2017/0003(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Confidentiality of electronic communications shall also include terminal equipment and machine-to- machine communications when related to a user.
Amendment 257 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Providers of electronic communications networks and services may process electronic communications data only if:
Amendment 259 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) it is technically strictly necessary to achieve the transmission of the communication, for the duration necessary for that purpose; or
Amendment 264 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) it is technically strictly necessary to maintain or restore the availability, integrity, confidentiality and security of electronic communications networks and services, or detect technical faults and/or errors in the transmission of electronic communications, for the duration necessary for that purpose.
Amendment 277 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) it is strictly necessary to meet mandatory quality of service requirements pursuant to [Directive establishing the European Electronic Communications Code] or Regulation (EU) 2015/212028 for the duration technically necessary for that purpose; or _________________ 28 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (OJ L 310, 26.11.2015, p. 1–18).
Amendment 279 #
2017/0003(COD)
(b) it is strictly necessary for billing, calculating interconnection payments, detecting or stopping fraudulent use, or abusive use of, or subscription to, electronic communications services; or
Amendment 283 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) the end-userafter receiving all relevant information about the intended processing in clear and easily understandable language, provided separately from the terms and conditions of the provider, the user or users concerned hasve given his or hertheir specific consent to the processing of his or hetheir communications metadata for one or more specified purposes, including for the provision of specific services to such end- users, provided that the purpose or purposes concerned could not be fulfilled bywithout the processing information that is made anonymous. of such metadata. If the processing is likely to result in a high risk to the rights and freedoms of natural persons, Articles 35 and 36 of Regulation 2016/679 shall apply
Amendment 293 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point a
Article 6 – paragraph 3 – point a
(a) for the sole purpose of the provision of a specific service to an end- user, if the end-user or end-requested by the user, if the users concerned have given their specific consent to the processing of his or their electronic communications content and the provision of that specific service cannot be fulfilled without the processing of such content; or
Amendment 300 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
(b) if all end-users concerned have given their explicit consent to the processing of their electronic communications content for one or more specified purposes that cannot be fulfilled by processing information that is made anonymous, and the provider has consulted the supervisory authority. Points (2) and (3) of Article 36 of Regulation (EU) 2016/679 shall apply to the consultation of the supervisory authority.
Amendment 303 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
3 b. Communications data generated in the provision of an electronic communications service specifically intended for children's use or targeted at them shall not be processed for any profiling, marketing or advertising purposes.
Amendment 316 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The use of processing and storage capabilities of terminal equipment and the collectionprocessing of information from end-users’ terminal equipment, including about' terminal equipment, or making information available through the terminal equipment, including information about or generated by its software and hardware, other than by the end-user concerned shall be prohibited, except on the following grounds:
Amendment 318 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) it is strictly technically necessary for the sole purpose of carrying out the transmission of an electronic communication over an electronic communications network; or
Amendment 322 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the end-user has given his or her consent and such consent is not imposed as a pre-condition for accessing or using a service; or
Amendment 326 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) it is strictly technically necessary for providing an information society service requested by the end-user; or
Amendment 339 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) if it is technically necessary for web audience measuring of the information society service requested by the user, provided that such measurement is carried out by the provider of the information society service requested by the end-, or on behalf of the provider, or by an independent web analytics agency acting in the public interest or for scientific purpose; and further provided that no personal data is made accessible to any other party and that such web audience measurement does not adversely affect the fundamental rights of the user.;
Amendment 359 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. No user shall be denied access to any information society service or functionality, regardless of whether this service is remunerated or not, on grounds that he or she has not given his or her consent under Article 8(1)(b) to the processing of personal information and/or the use of storage capabilities of his or her terminal equipment that is not necessary for the provision of that service or functionality.
Amendment 362 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a
Article 8 – paragraph 2 – subparagraph 1 – point a
(a) it is done exclusively in order to, for the time necessary for, and for the sole purpose of establishing a connection requested by the user; or
Amendment 363 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a a (new)
Article 8 – paragraph 2 – subparagraph 1 – point a a (new)
(a a) the user has been informed and has given consent; or
Amendment 365 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a b (new)
Article 8 – paragraph 2 – subparagraph 1 – point a b (new)
(a b) the data are anonymised and the risks are adequately mitigated; or
Amendment 366 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a c (new)
Article 8 – paragraph 2 – subparagraph 1 – point a c (new)
(a c) it is necessary for the purpose carrying out statistical counting for reasons of public interest of public utility and this purpose cannot not be fulfilled by processing information that is made anonymous.
Amendment 367 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point b
Article 8 – paragraph 2 – subparagraph 1 – point b
Amendment 372 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Amendment 375 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. For the purposes of point (c) of the previous paragraph, the following safeguards shall be implemented to mitigate risks: (a) Tracking shall be limited to pseudonymous data (b) Tracking shall be limited in space and time to the strict minimum necessary to fulfil the established purpose (c) The data collected shall be deleted or anonymised immediately after the established purpose is fulfilled (d) Users shall have the possibility to easily opt-out (e) The processing information shall be conditional on the application of appropriate technical and organisational measures to ensure a level of security appropriate to the risks, as set out in Article 32 of Regulation (EU) 2016/679, have been applied.
Amendment 376 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 b (new)
Article 8 – paragraph 2 b (new)
2 b. A data protection impact assessment and a consultation of the supervisory authority should always take place prior to the processing of communications data under points (b) and (c) of paragraph 2. Articles 35 and 36 of Regulation (EU) 2016/679 shall apply with regard to the impact assessment and the consultation to the supervisory authority.
Amendment 394 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Without prejudice to paragraph 1, where technically possible and feasible, for the purposes of point (b) of Article 8(1) and point (b) of Article 8(2), consent may be expressed by using the appropriate technical settings of a software application enabling access to the internetor a device enabling electronic communications. The choices made by users should be binding on and enforceable against any third parties. If users are required to give consent that contradicts the settings of their software, such consent shall always have to be given explicitly.
Amendment 398 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. End-uUsers who have consented to the processing of electronic communications data as set out in point (c) of Article 6(2) and1), point (c) of Article 6(2), points (a) andof Article 6(3), point (b) of Article 8(1) and point (b) of Article 6(38(2) shall be given the possibility to withdraw their consent at any time as set forth under Article 7(3) of Regulation (EU) 2016/679 and be reminded of this possibility at periodic intervals of 6 months, as long as the processing continues.
Amendment 403 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. Users shall not be denied access to an information society service or functionality, irrespective of whether the service is provided for remuneration or not, on grounds that they have not given their consent under point (c) of Article 6(1), point (c) of Article 6(2), point (a) of Article 6(3), point (b) of Article 8(1) or point (b) of Article 8(2) to the processing of information or the use of the processing or storage capabilities of their terminal equipment that is not necessary for the provision of that service or functionality. In particular, processing of data for the purposes of providing behaviourally targeted advertising shall not be considered as necessary for the performance of a service.
Amendment 410 #
2017/0003(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Amendment 414 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. SThe default settings of hardware and software placed on the market permitting electronic communications, including the retrieval and presentation of information on the internet, shall offer the option to prevent third parties from storing information on the terminal equipment of an end-user or processing information already stored on that equipmentbe configured to provide the highest level of privacy protection and protect users' against unauthorised interferences. In particular, default settings shall prevent the tracking of users' online behaviour by other parties. For this purpose, privacy settings shall include a signal which is sent to other parties to inform them about the users' settings. Such settings shall be binding on and enforceable against any other party.
Amendment 420 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Upon installation, the softwarefirst use or whenever any significant modifications are introduced, the user shall be inform the end-usered about the default privacy settings options and, to continue with the installation, require the end-user to consent to a settingand other available options, if any. Information shall be presented in an easily visible and intelligible manner. It shall not incentivise users to select lower privacy settings and shall include relevant information about the risks associated with each setting. Settings must be easily accessible and modifiable at any time during the use of the device or software.
Amendment 427 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. Hardware and software which enables electronic communications and is specifically intended for children's use or targeted at children shall not allow tracking of its user's behaviour and activities for profiling, marketing or advertising purposes.
Amendment 466 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. NThe use by natural or legal persons may useof electronic communications services, including voice-to-voice calls, automated calling and communications systems, including semi-automated systems that connect the call person to an individual, faxes, e-mail or other use of electronic communications services for the purposes of presendting unsolicited or direct marketing communications to end-users who are natural persons that, shall be allowed only in respect of users who have given their prior explicit consent.
Amendment 479 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3 a. Unsolicited marketing communications shall be clearly recognisable as such and shall indicate the identity of the legal or natural person transmitting the communication or on behalf of whom the communication is transmitted. Such communications shall provide the necessary information for recipients to exercise their right to refuse further written or oral marketing messages.
Amendment 483 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Notwithstanding paragraph 1, Member States may provide by law that the placing of direct marketing voice-to-voice calls to end-users who are natural personusers shall only be allowed in respect of end- users who are natural persons who have not expressed their objection to receiving those communications. Member States shall provide that users can objection to receiving thosee unsolicited communications via a national Do Not Call Register, thereby also ensuring that the user is only required to opt out once.
Amendment 486 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Any natural or legal person using electronic communications services to transmit direct marketing communications shall inform end-users of the marketing nature of the communication and the identity of the legal or natural person on behalf of whom the communication is transmitted and shall provide the necessary information for recipients to exercise their right to withdraw their consent, in an easy manner that is as easy as giving the consent and free of charge, to receiving further marketing communications.
Amendment 20 #
2016/2276(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas Europe, compared to the world scale, has made progress in labour and social standards and in social protection systems, and whereas the EU must, in the digital economy, continue to develop the European social model, a fair distribution of wealth, quality employment and sustainable and inclusive growth in long-term employment;
Amendment 23 #
2016/2276(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas it is essential for companies to behave in a socially responsible manner, taking into account sustainability and the interests of society; whereas European labour markets are more often evolving towards 'atypical' or 'non-standard' forms of employment, such as occasional work, work on- demand, dependent self-employment or work intermediated by these digital platforms; and whereas we must ensure that workers who use the platforms have decent working conditions;
Amendment 64 #
2016/2276(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the communication on ‘Online Platforms and the Digital Single Market - Opportunities and Challenges for Europe’; regrets, however, that this communication limits the role of platforms to mere intermediaries between service providers and consumers and renounces to take a more active role in regulating this new economy;
Amendment 70 #
2016/2276(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges that online platforms benefit today’s digital economy and society by increasing the choices available to consumers and creating and shaping new markets; points out, however, that online platforms present new policy and regulatory challengesrecognizes that existing legal gaps are facilitating unfair competition of the digital sector vis-a-vis the non-digital sectors, possible online social dumping and unclear fiscal rules; points out that overcoming these new political, social and regulatory challenges is fundamental for the digital economy in order to produce a general benefit to society as a whole;
Amendment 86 #
2016/2276(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the Commission to examine in how far existing Union regulations are applicable to the digital labour market and ensure the adequate implementation and enforcement; calls on the Member States, in collaboration with social partners and other relevant stakeholders, to assess, in a proactive way and based on the logic of anticipation, the need for the modernisation of existing legislation, including social security systems, to stay abreast of the technological development while ensuring the protection of workers;
Amendment 98 #
2016/2276(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses the need for a clear distinction between 'commercial' and 'non-commercial' platforms in order to ensure a level playing field as well as a clear distinction between non-professional peer to peer activity where most expenses are shared and goods and service providers acting in their professional capacity or gaining an income through the activity; calls on the Commission to encourage the Member States to develop sector specific definitions and thresholds, in collaboration with relevant stakeholders, in this regard; underlines the importance to recognise remunerated services provision in the platform economy as 'work' regardless of the terminology ('gigs', 'tasks', 'giving rides' etc.);
Amendment 190 #
2016/2276(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Calls on the Member States and the Commission to ensure adequate social security for self-employed workers, who are key players in the digital labour market; calls on the Member States and the Commission to adapt existing social protection schemes and to develop new mechanisms of protection, where necessary, to ensure adequate coverage of workers in these platforms as well as non- discrimination and gender equality, and to share best practices at European level;
Amendment 272 #
2016/2276(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Calls on platforms whose business model is influenced by customer reviews to be obliged to establish mechanisms for verifying the accuracy of such reviews;
Amendment 277 #
2016/2276(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission to ensure a level playing field for online platforms; stresses that regulatory certainty is essential to creating a thriving digital economy; notes that competitive pressures vary between different sectors and therefore ‘one-size-fits-all’ solutions are rarely appropriate; considers that is why any regulation has to take into account the size of the platforms, their nature and classification, to ensure that these platforms compete with the same rules and on an equal footing as other companies in the markets in which they operate;
Amendment 429 #
2016/2276(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Takes the view that metadata comparison services are particularly important in order to guarantee the comparability of offers to the consumer and to enable different companies to compete freely; calls, therefore, on the Commission to address possible anti- competitive practices that may be developing on these platforms and which infringe the rights of consumers and businesses;
Amendment 443 #
2016/2276(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43 a. Calls for the same tax rules to be applied for all companies providing comparable services regardless of whether they offer them online or offline; calls for ensuring that all companies including digital ones pay their taxes in the place where they obtain the economic benefit for their activity;
Amendment 5 #
2016/2274(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas standards are voluntary technical specifications which if developed in an open, inclusive and transparent way can positively support a wide range of industrial, economic, social, and environmental policies affecting innovation, ageing population, integration of people with disabilities, the quality of life of citizens, the health and safety of consumers and workers, and development of ICT technologies;
Amendment 15 #
2016/2274(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas harmonised standards are European Standards adopted, upon a request made by the Commission to provide a presumption of conformity with the essential requirements of the Union legislation; whereas standards are voluntary specifications, which should not replace a democratic decision-making processes, consultation or social dialogue;
Amendment 16 #
2016/2274(INI)
Motion for a resolution
Recital E
Recital E
E. whereas two different standard development systems coexist in Europe – one based onstandards development as implemented by CEN and CENELEC on the basis of the national delegation principle and the another based on the direct involvement of stakeholders through membershippaid membership of stakeholders as developed by ETSI – and there is a need to evaluate both systems with a view to identifying existing challenges and good practices;
Amendment 29 #
2016/2274(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the Commission to guarantee a sustainable budget for the European Standardisation System in the revision of multiannual financial framework;
Amendment 44 #
2016/2274(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines that Europe should uphold its key role in the international standardisation system and that when developing European standards both specificities of the regional context and the global relevance of the standard needs to be taken into account;
Amendment 55 #
2016/2274(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that Regulation 1025/2012 has improved the inclusiveness of the ESS, but regrets that there are still many practical barriers for SMEs, consumers, workers and environmental organisations to participate actively in the standardisation process, and calls on the Commission, ESOs and NSBs to address the challenges to further involvement;
Amendment 59 #
2016/2274(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Is of the opinion that, complementary to the existing best practices found among the standardisation communities, increasing public awareness of proposed standards, proper and early involvement of all relevant stakeholders and improvement in the quality of the standardisation requests may further increase transparency and accountability of the standardisation system;
Amendment 61 #
2016/2274(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Notes that recent convergence of technologies and the digitalisation of society, businesses and public services blurs the traditional separation between general standardisation and ICT standardisation;
Amendment 77 #
2016/2274(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Notes that with the increased use of the internet, online banking, social networking and e-health initiatives, people are having growing security and privacy concerns, and that ICT standards need to reflect the principles of the protection of individuals with regards to the processing of personal data and the free movement of such data;
Amendment 78 #
2016/2274(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Calls on the Commission to include digital integration of manufacturing as ICT standardisation priority and encourages development of open standards for the communication protocol and the data formats for the digital integration of manufacturing equipment in order to ensure full interoperability between machines and devices;
Amendment 80 #
2016/2274(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Recommends on the Commission and ESOs to prioritise standards for the improvement of interoperability in the IoT and 5G domains and of vertical domains, such as "Connected and automatic driving", "Smart cities", "Smart Living Environments", as these are an important areas for the advancement of the European competitiveness;
Amendment 81 #
2016/2274(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12 d. Supports the Alliance for Internet of Things Innovation (AIOTI) and the ICT Multi-Stakeholder platform; is aware of the growing number of platforms, groups, meetings and channels for ICT standards, which sometimes might create fragmentation and duplication of standards and stresses the need to better coordinate ICT standards and standardisation priorities among the different organisations;
Amendment 86 #
2016/2274(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Warns against the risks of proprietary solutions and agrees that ICT standardisation policy need to be based on open and accessible SEPs within fair, reasonable and non-discriminatory licensing terms to address the legitimate interests of both SEP holders and of potential licensees and to ensure that standardisation process presents a level playing field, where companies of all sizes, including SMEs, can collaborate in a mutually beneficial manner;
Amendment 94 #
2016/2274(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Is of the opinion that developers of standards should be entitled to reimbursement for their investment and contributions to the standard, which needs to be based on fair, proportionate and non-discriminatory terms, and transparent, reasonable, predictable and sustainable royalty rates, unless they decide to provide royalty free licensing or allow open source software implementation;
Amendment 97 #
2016/2274(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Recognises the important role of the of the ESOs in ensuring that SEPs are provided within FRAND terms and calls for a clear commitment from the ESOs to improve the transparency and accuracy of the SEP declarations;
Amendment 101 #
2016/2274(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Regrets that it was not consulted prior to the adoption of the package, and urges the European institutions to align the different initiatives into a single strategic, holistic work programme avoiding duplication of actions and policies; Stresses that the relevant committee of the European Parliament can play an important role in the public scrutiny of harmonised standard mandated by the Commission;
Amendment 106 #
2016/2274(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Encourages Member States to invest in national standardisation strategies which will also help and encourage public sector, standardisation bodies, societal stakeholders, SMEs and academia at national level to develop and implement individual standardisation action plans;
Amendment 108 #
2016/2274(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the Joint Initiative on Standardisation (JIS), recommends that the European Parliament also be invited to participate and contribute to the JIS and underlines that the rules of such public- private partnerships need to be respected by all stakeholders; Calls on the Commission to take a leading role in the implementation of the key actions and recommendations in the JIS and to report back to the European Parliament by the end of 2017 on the progress that has been achieved;
Amendment 113 #
2016/2274(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Supports actions aimed at improving the synergy between standardisation and research communities and in promoting standards at an early stage of the research projects; Encourages national standardisation bodies to promote standardisation to researchers and the innovation community, including relevant government organizations and funding agencies and recommends that a specific standardisation chapter is developed under Horizon 2020 programme;
Amendment 122 #
2016/2274(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Stresses that demographic ageing in Europe requires systematic incorporation of the needs of older persons and persons with disabilities, and other vulnerable members of society, in the development of standards, which are a suitable tool to help achieve active and healthy society in Europe and to increase the accessibility of products and services for people;
Amendment 125 #
2016/2274(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Points out that standard-setting processes and standardisation agreements need to comply with competition law principles and with the World Trade Organization (WTO) criteria and promotes the inclusion of additional principles such as inclusiveness, quality, neutrality and accountability;
Amendment 129 #
2016/2274(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Reiterates the important role of the "New Approach Consultants" and commends their methodology of verifying whether the harmonized standard meets the objective criteria and legal requirements of the legislation to be done in a sustainable manner bound by impartiality and independence
Amendment 130 #
2016/2274(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26 b. Recommends better involvement of Commission's experts and the "New Approach Consultants" at the initial stage of the standardisation process including in technical committees or working groups; Calls on the Commission to develop an evaluation standardisation guidelines to help different departments within the Commission, ESOs and "New Approach Consultants" evaluate standards in a coherent manner;
Amendment 132 #
2016/2274(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Encourages the use of new information and communication technologies to improve accessibility and transparency of standardisation processes, such as the CEN-CENELEC eLearning tool for SME's; Advocates that the use of digital tools can facilitate stakeholders participation in the development of standards and provide information about upcoming, on-going and finalised standardisation work;
Amendment 140 #
2016/2274(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Recommends that Annex III organisations be given specific member status, and that a separate category be created for partnerships of societal stakeholders’ organisations, with specific rights and obligations, such as a reinforced right of appeal, consultative powers, a right of an opinion before adopting the standard, and access to mirrortechnical committees and working groups, especially for standards supporting EU legislation;
Amendment 142 #
2016/2274(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Commission and the ESOs to ensure that that ISO-CEN Vienna and IEC CENELEC Frankfurt Agreements and other measures to speed up standards will not prevent or jeopardise the participation in the standardisation process of Annex III Organisations or NSBs with limited capacities;
Amendment 145 #
2016/2274(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Invites the Commission to adopt an easy to use single point of access to standards that can provide assistance andcontact to provide information to the users of standards’ users on the available standards and their general specifications, and that can help them find the standards that best match their need; Recommends, furthermore, information and education campaigns at national and EU level to promote the role of standards and encourages Member States to include relevant professional education courses on standards in the national education systems;
Amendment 150 #
2016/2274(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. Recommends that NSBs need to examine if it is possible to provide access to standards to the extent that the standards user can make an assessment of the relevance of the standard; Strongly recommends that NSBs and ESOs when determining the standards' fees take into account the needs of SMEs and stakeholders with non-commercial use;
Amendment 151 #
2016/2274(INI)
Motion for a resolution
Paragraph 33 b (new)
Paragraph 33 b (new)
33 b. Calls on the Commission to prepare a European register listing existing European standards in all official EU languages, which would include also an information on the ongoing standardisation work in ESOs, existing standardisation mandates, progress and decisions of formal objections;
Amendment 49 #
2016/2273(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that interoperability and standardisation are among the key elements for implementing eGovernment structures, and therefore welcomes the Commission’s communication entitled ‘European standards for the 21st century’ and its plan to revise the European Interoperability Framework; stresses that standards must serve the interests of the society at large by being inclusive, fair and future proof, and be developed in an open and transparent way;
Amendment 57 #
2016/2273(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission and the Member States to promote media literacy and internet literacy for all EU citizens, in particular vulnerable people, through initiatives and coordinated action and investment in the creation of European networks for the teaching of media literacy;
Amendment 88 #
2016/2273(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Emphasises that the protection of personal data is fundamental, and underlines that public administrations shouldmust handle personal data securely in line with the General Data Protection Regulation (GDPR) and the EU Rules on Privacy, thereby boosting trust in digital services;
Amendment 93 #
2016/2273(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Stresses that eGovernment users have to have full awareness of the usage of their data in real time;
Amendment 49 #
2016/2272(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to establish minimum resistance criteria for each product category from the design stage, by working in the European Committee for Electrotechnical Standardisation (CENELEC) to lay down standards which cover product robustness, reparability, upgradeability, etccovering among others robustness, reparability, and upgradeability, for each product category from the design stage, facilitated by standards developed by all the European Standardisation Organisations (ESOs) CEN, CENELEC and ETSI.;
Amendment 64 #
2016/2272(INI)
Motion for a resolution
Paragraph 4 – indent 1
Paragraph 4 – indent 1
- by urging that priority be given to repairing goods which are stillgranting consumers throughout the EU the freedom in choosing the remedy of their preference in cases of contractual non-conformity of goods under guarantee, except withere therough repair is not expedient or would come at a proven additional cost, of the defect, through price reduction or termination of the contract or through replacement of the defective product;
Amendment 68 #
2016/2272(INI)
Motion for a resolution
Paragraph 4 – indent 1 a (new)
Paragraph 4 – indent 1 a (new)
- by encouraging and facilitating measures that makes the choice of repair attractive to the consumer
Amendment 69 #
2016/2272(INI)
Motion for a resolution
Paragraph 4 – indent 2
Paragraph 4 – indent 2
- by guaranteeing that the guarantee canshould be extended by a period equivalent to the time required to carry out the repair,
Amendment 71 #
2016/2272(INI)
Motion for a resolution
Paragraph 4 – indent 2 a (new)
Paragraph 4 – indent 2 a (new)
- by promoting the design and manufacturing of durable products with reparable and environmental friendly materials;
Amendment 72 #
2016/2272(INI)
Motion for a resolution
Paragraph 4 – indent 2 b (new)
Paragraph 4 – indent 2 b (new)
- by making fixing-in of essential components such as batteries and LEDs into products illegal;
Amendment 98 #
2016/2272(INI)
Motion for a resolution
Paragraph 5 – indent 2
Paragraph 5 – indent 2
- by obliging marketers to supply essential parts at a reasonable price and within a reasonable period of time, for a minimum periodincluding after having placed the last product on the market;,
Amendment 111 #
2016/2272(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Encourages the Member States to take fiscal measures to promote durable high-quality products that are reparable, repairs and second-hand sales, and to develop repairs training;
Amendment 120 #
2016/2272(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for efforts to encourage the re-use of spare parts for the second-hand market, and stresses the importance of investing in 3D printing, in order to provide parts for professionals and consumers who wish to repair their own goods, and of encouraging the free dissemination of the catalogues for these parts;
Amendment 121 #
2016/2272(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses the importance of investing in 3D printing, in order to provide parts for professionals and consumers who wish to repair their own goods, and of encouraging the free dissemination of the catalogues for these parts; urges in this regard that product safety, counterfeiting and copyright protection have to be safeguarded;
Amendment 131 #
2016/2272(INI)
Motion for a resolution
Paragraph 10 – indent 1
Paragraph 10 – indent 1
- to consult with the relevantall stakeholders concerned in order to develop a usage- based sales model which benefits everyone,
Amendment 135 #
2016/2272(INI)
Motion for a resolution
Paragraph 10 – indent 2
Paragraph 10 – indent 2
- to step up their efforts at regulatory simplificationmeasures and implement a fiscal policy which promotes the development of the functional economy, via reduced VAT rates, tax credits or endowments which encourage the rental, exchange and borrowing of goods;
Amendment 136 #
2016/2272(INI)
Motion for a resolution
Paragraph 10 – indent 3
Paragraph 10 – indent 3
- to support local and regional authorities that are investing in the functional and collaborative/sharing economies and in economic models that promote the durability of goods and strengthen the repair, re-use and recycling sectors;
Amendment 142 #
2016/2272(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Member States to use their public policies to promote such economical models as the functional economy, to ensure that the durability and reparability of products isare taken into account in public procurement and to increase the re-use rate of equipment purchased by public authorities;
Amendment 150 #
2016/2272(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. EncourageCalls the Commission and the Member States to respect the waste hierarchy established in EU legislation (Waste Framework Directive (2008/98/EC)), and in particular to view re-usable and reconditionable electrical and electronic devices not as waste, but as resources, in order to make it easier for them to be passed on to social enterprises and associations that can make use of such goods and their components;
Amendment 163 #
2016/2272(INI)
Motion for a resolution
Paragraph 14 – indent 2
Paragraph 14 – indent 2
- mandatory labelling to indicate a product’'s expected useful life, on the basis of standardised criteria set by selected stakeholders,;
Amendment 177 #
2016/2272(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. suggests to promote notification platforms for consumers for early failing and non-repairable products, such as the 'Trop vite usé-Platform initiative;
Amendment 196 #
2016/2272(INI)
Motion for a resolution
Paragraph 17 – indent 2
Paragraph 17 – indent 2
- by considering extending the length of the EU-level legal guarantees of conformity beyond the current two-year minimum for families of energy-using products on the basis ofthose products for which the reasonably expected lifespan of the product is longer, such as families of energy-using products or movable fixed assets, taking into account among others the product life cycle study carried out as part of the eco-design process, and introducing a while leaving the Member States free to mainimum period of five years for large household appliances and movable fixed assets gradually, so that companies can comply,tain or introduce more stringent provisions; highlights in this context the strong consumer protection measures taken already in some Member States;
Amendment 200 #
2016/2272(INI)
Motion for a resolution
Paragraph 17 – indent 2 a (new)
Paragraph 17 – indent 2 a (new)
- by improving the link between the eco-design legislation and contract law
Amendment 204 #
2016/2272(INI)
Motion for a resolution
Paragraph 17 – indent 4 a (new)
Paragraph 17 – indent 4 a (new)
- by reversing the burden of proof of non-conformity of a product from the consumer to the manufacturer
Amendment 23 #
2016/2271(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Highlights the risk of shifting of profits from industrial players towards the owners of proprietary digital platforms and of concentration of market into the hands of few actors creating de-facto monopolies, in particular with regard to platforms; considers necessary effective and consistent actions by the competition authorities and, where necessary, legislative initiatives, to ensure fair competition between a plurality of actors, also in the digital environment;
Amendment 47 #
2016/2271(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Deems it necessary to ensure the full respect of workers’ and consumers’ right to privacy and to protection of their personal data in the digital environment; emphasises the importance of the correct implementation of the General Data Protection Regulation, ensuring the full application of the principle of ‘privacy by design and by default’; believes that consumers and workers should be in control of the data they produce or that are linked to the products and services they use and should be properly informed about the impact of their decisions over these issues; considers that the issue of worker-related data and their use raises important concerns and should be swiftly clarified; calls on the Commission to define some minimum requirements on this issue; underlines the need to set up an European Directive on Privacy at the workplace;
Amendment 48 #
2016/2271(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the European Commission to clarify as soon as possible safety and liability rules for autonomously acting systems (such as vehicles and drones), to ensure fast and effective legal compensation in case of incident and to harmonise the conditions for testing;
Amendment 49 #
2016/2271(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Considers interoperability necessary in particular in the domain of Internet of Things to ensure that the development of new technologies improves the opportunities for consumers, who should not be locked-in with certain specific providers; stresses the challenges relating to safety, security and liability with regard to IoT, apps and non- embedded software and calls on the Commission to put forward enhanced efforts on these issues, including in order to raise consumers' awareness and promote a safe use of these instruments;
Amendment 56 #
2016/2271(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the very important consequences of industry digitalisation for society, business models, working conditions and jobs demand; regrets the lack of analysis on the part of the Commission of the social effects of the digitisation of industry; calls on the European Commission to carry on an in depth analysis on these issues, focusing also to the consequences of industry digitisation on the number and the quality of jobs, and to present it to the European Parliament by the end of 2017;
Amendment 57 #
2016/2271(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. While recognising the opportunities of industry digitalisation, stresses also certain challenges it is posing to job demands, working conditions and workers' rights, in particular in non-standard employment relationships, and highlights the necessity to ensure the full respect of employment rights and adequate social security coverage in the digital world of work; believes it is necessary to involve social partners in the definition of European and national initiative on industry digitalisation; welcomes the proposals to hold high-level roundtables and an European stakeholders forum on digitalisation; believes workers' representatives' involvement to be necessary with regard to companies' decisions over externalisation and digitalisation;
Amendment 6 #
2016/2248(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, following the economic crisis which began in 2008, the EU is still having to face a period of stagnation with sluggish economic recovery, high rates of unemployment and social vulnerabilities; whereas, on a more positive note, the motto of the Annual Growth Survey (AGS) for 2016 was ‘strengthening recovery and fostering convergence’;
Amendment 8 #
2016/2248(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the European Semester aims to increase the coordination of economic and fiscal policies across the EU in order to enhance stability, promote growth and employment and strengthen competitiveness in coherence with the objectives of social fairness and protection of the most vulnerable in society;
Amendment 14 #
2016/2248(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates its call for the creation of a real single market pillar with a social dimension within the European Semester, with a system of regular monitoring, identification of the country-specific barriers to the single market and evaluation of single market integration and competitiveness; insists that the evaluation of the state of single market integration should become an integral part of the economic governance framework;
Amendment 19 #
2016/2248(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Reminds of the importance of the new approach taken by the Commission which grants great attention to the social fairness; reminds also of the importance that Member States pay greater attention to the contribution of national social partners as well as of the Commission´s commitment to prepare a social impact assessment for future stability support programmes;
Amendment 29 #
2016/2248(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights that among the goals of the Investment Plan for Europe are removing unnecessary barriers, increasing innovation and deepening the single market;
Amendment 30 #
2016/2248(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that improving the investment environment means strengthening the single market by providing greater regulatory predictability and by reinforcing the level playing field in the EU and removing unnecessary barriers to investment both from within and outside the EU; notes that several work strands have been launched at EU level, as laid out in the Single Market Strategy, the Energy Union and the Digital Single Market, and considers that this EU effort needs to be accompanied by an effort at national level;
Amendment 32 #
2016/2248(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Shares the Commission´s view that convergence efforts compatible with the Single Market must be based on best practices on lifelong learning strategies, effective policies to help the unemployed re-enter the labour market, modern and inclusive social protection and education system;
Amendment 35 #
2016/2248(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that despite the abolition of tariff barriers in the single market, a vast number of various unnecessary non-tariff barriers still exist; highlights that strengthening the single market requires urgent action at both EU and national levels in order to address those unnecessary non-tariff barriers in a way which is compatible with the promotion of social, consumer and environmental standards;
Amendment 45 #
2016/2248(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Reiterates its call on the Commission to improve governance of the single market by developing a set of analytical tools including social indicators to more properly measure its economic and regulatory performance within the framework of the single market pillar of the European Semester; believes that such an analytical tool could provide useful input for the CSRs, the AGS, the European Council’s guidance to Member States, and the national action plans aimed at implementing the single market guidelines;
Amendment 49 #
2016/2248(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Reiterates its call on the Commission to introduce quantitative targets for the reduction oftackle unnecessary administrative burdens at European level; asks that these quantitative targets bbest practices are considered in the Commission’s new initiative on reducstreamlining administrative burdens;
Amendment 51 #
2016/2248(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to strengthen the market surveillance mechanism to detect unsafe and non- compliant products and remove them from the single market; calls again for the immediate adoption of the Product Safety and Market Surveillance Package by the Council of the European Union;
Amendment 58 #
2016/2248(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses that the single market should continue to work for all actors - EU citizens and in particular students, professionals and entrepreneurs, as well as SMEs - in all Member States, who should remain in permanent dialogue and should be committed to assess what works and what does not work, and in what way single market policy should be developed in the future; highlights, in this context, the role of the Single Market Forum organised annually by the Commission in cooperation with local partners such as national authorities, civil society stakeholders, social partners, chambers of commerce and business associations;
Amendment 1 #
2016/2244(INI)
Motion for a resolution
Recital A
Recital A
A. whereas there is no common European definition of franchising, but it normally involves and franchising agreements differ from one business to another, while franchising normally includes specific basic common elements, namely a partnership between natural or legal persons that are legally and financially independent of each other, whereby one party (the franchisor) grants to the other party (the franchisee) the right to operate his franchising formula to sell goods and/or services, and shares know- how, and the provision of commercial and technical assistance on the part of franchisor to the franchisee for the duration of the agreement; the intention of both the franchisor and the franchisee being to generate business revenue;
Amendment 6 #
2016/2244(INI)
Motion for a resolution
Recital B
Recital B
B. whereas in its resolution of 11 December 2013, Parliament welcomed franchising as a business model which supports new business and small-business ownership, but noted the existence of unfair contract terms in certain cases and called for transparent and fair contracts; moreover, it drew the attention of the Commission and Member States, in particular, to problems faced by franchisees wishing to sell their business or change their business formula, whilst remaining active in the same sector and requested that the Commission examine the ban on price-fixing mechanisms in franchise systems and the effects of long- term competition clauses, purchase options and the prohibition of multi-franchising, and to reconsider in this respect the current exemption from competition rules for contracting parties having a market share of less than 30 %; however this request remained unanswered;
Amendment 10 #
2016/2244(INI)
Motion for a resolution
Recital C
Recital C
C. whereas franchising has the full potential of being a business model that can help in completing the single market in the retail sector as it can be a convenient means to establish business through a shared investment of franchisor and franchisee, but is currently under- performing in the EU, representing only 1.89 % of GDP, as opposed to 5.95 % in the USA and 10.83 % in Australia, 83.5 % of franchising’s turnover being concentrated in only seven Member States;
Amendment 13 #
2016/2244(INI)
Motion for a resolution
Recital D
Recital D
D. whereas franchising has a significant cross-border dimension and is of importance for the functioning of the internal market, but existing legislation covering franchising as a business model varies widely between Member States, and franchisees may refrain from entering into cross-border franchise networks, because they are not familiar with other legal systems and may not be protected against unfair trading practices; whereas in turn this can have an impact on the entire EU economy, as well as on final consumers by limiting their choice;
Amendment 18 #
2016/2244(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. Whereas the self-regulatory environment in the EU is weak due to poor enforcement by national franchisee associations of the European Code of Ethics and the low representativeness of those associations;
Amendment 21 #
2016/2244(INI)
Motion for a resolution
Recital E
Recital E
E. whereas there are differences between ‘hard’ and ‘soft’ franchising, depending on the conditions of the franchising agreement; and, moreover, alternative business models such as ‘groups of independent retailers’ have special characteristics and should only be affected by rules governing franchising, insofar as they meet the definition of franchising;
Amendment 26 #
2016/2244(INI)
Motion for a resolution
Recital G
Recital G
G. whereas, in the context of the realisation of the digital single market specific attention should be paid to the tensions which have arisen between franchisors and franchisees with respect to e-commerce and the sharing of consumer data, since currently franchise agreements do not contain provisions on these subjects and thus lead to unnecessary uncertainty and conflicts, and digitalisation of the economy is largely ignored by Regulation 330/2010 and its accompanying directives;
Amendment 31 #
2016/2244(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. Whereas, the Commission has defined unfair trading practices as "practices that deviate grossly from good commercial conduct, are contrary to good faith and fair dealing and are unilaterally imposed by one trading partner on another"1a; _________________ 1a"Tackling unfair trading practices in the business-to-business food supply chain", COM(2014)472.
Amendment 32 #
2016/2244(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. Whereas the "fear factor" comes into play in commercial relationships, with the weaker party being unable to make effective use of their rights and unwilling to lodge a complaint about unfair trading practices imposed by the stronger party, for fear of compromising their commercial relationships;
Amendment 33 #
2016/2244(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that for the completion of the single market in the retail sector, franchising can play an important role, provided that effective protection of both franchisors and franchisees against unfair trading practices is offered throughout the EU; however, this is not currently the case, as different measures exist between Member States, leading to a high degree of divergence and diversification between Member States in terms of the level, nature and form of legal protection;
Amendment 39 #
2016/2244(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Envisages that in view of the strong-border component in franchising, a uniform approach to correct unfair trading practices at EU level is advisable;
Amendment 49 #
2016/2244(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. States that franchisors have organised themselves both at national and European level for the representation of their interests, whereas often due to a lack of resources, franchisees often lack such representative organisations and adefending their collective interests, continuing to operate mostly on an individual basis and are therefore under- represented;
Amendment 56 #
2016/2244(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission and Member States to promote the creation of associations representing franchisees, and to make sure that their voices are heard, whenever policies or legislation are prepared that may affect them, in order to ensure more equal representation of the parties;
Amendment 68 #
2016/2244(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Encourages the setting-up of national and European franchising associations recognized as legally- acknowledged sources of best practice in franchising, ensuring a balance of membership between franchisors and franchisees;
Amendment 100 #
2016/2244(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Points, in particular, to the need for specific principles to ensure the balanced contractual rights and obligations of the parties, such as clear, correct and comprehensive pre-contractual information, including information on the franchise formula’s performance, both general and targeted towards the franchisee’s envisaged location, and clear limits concerning the confidentiality requirements, to be available in writing at least 15 working days prior to the signing of the agreement, and the introduction of a five-day cooling- off period after execution of the agreement; the obligation for the franchisor to ensure that the duration of the contract allows the franchisee to cover his investment; continued commercial and technical assistance from the franchisor to the franchisee for the duration of the agreement; and fair indemnities at the end of the contract;
Amendment 121 #
2016/2244(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes with concern the disputes arising about internet sales, as they are vital in the digital market, whereas the power of the franchisor and the franchisee is often very unbalanced, and traditional franchise agreements do not take into account the effect internet sales may have on exclusivity clauses, thus making it possible that in the area for which the franchisee has the right of exclusivity, customers may buy their products from the franchisor, even if they pick up the goods in the franchisee’s shop; recalls that efforts should be made to prevent internet sellers from developing unfair competitive advantages vis-a-vis franchisees;
Amendment 124 #
2016/2244(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Expresses its concerns about the use of consumer data collected via the franchisee; asks the Commission to take into consideration the digital components of the business model in its further actions;
Amendment 126 #
2016/2244(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. RequestUrges the Commission to draft guidelines reflecting best practices on the functioning of franchising in the retail sector; invites the Commission in this respect to, open a public consultation in order to obtain unbiased information as to the real situation in franchising, then to make an analysis of the existing self- regulatory instruments as well as of legislative practices of Member States in the field of franchising in the retail sector and to submit its findings to Parliament, including recommendations for further action, focusing on the need for effective enforcement;
Amendment 2 #
2016/2228(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to the Ilulissat Declaration announced on May 28, 2008 by the five coastal states of the Arctic Ocean at the Arctic Ocean Conference in Ilulissat, Greenland,
Amendment 10 #
2016/2228(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
– having regard to the Council Decision 2014/137/EU of 14 March 2014 on relations between the European Union on the one hand, and Greenland and the Kingdom of Denmark on the other,
Amendment 14 #
2016/2228(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
Amendment 15 #
2016/2228(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
– having regard to the joint statement of the third ministerial meeting of the renewed Northern Dimension, held in Brussels on 18 February 2013,
Amendment 16 #
2016/2228(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
– having regard to the statement adopted at the Northern Dimension Parliamentary Forum in November in Archangelsk in November 2013, and in Tromso in February 2011 and in Brussels in September 2009,
Amendment 30 #
2016/2228(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU is a global actor; whereas there has been a longstanding engagement of the EU in the Arctic based on history, geography, economy and research; whereas the Arctic is surrounded by international waters, and citizens and governments throughout the world, including the European Union, have a responsibility to support the protection of the Arctic;
Amendment 43 #
2016/2228(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the Arctic Council is the primary forum for Arctic cooperation; whereas in its 20 years existence, the Arctic Council has shown its ability to maintain cooperation in a constructive and positive spirit, to adapt to new challenges and take on new responsibilities;
Amendment 44 #
2016/2228(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas Arctic states have sovereignty and jurisdiction over their land and waters; whereas the rights of the people of the Arctic must be respected to pursue the sustainable use of their natural resources;
Amendment 50 #
2016/2228(INI)
Motion for a resolution
Recital D
Recital D
D. whereas interest in the Arctic and its resources is increasing because of the changing environment of the area, and resource scarcity; whereas the region’'s geopolitical importance is growing; whereas climate change effects and growing competition for access to the Arctic and natural resources, and increasing economic activities have brought (security) risks to the region, including challenges to human security, but also new opportunities; whereas as a result of climate change new navigation routes will open and new fishing grounds and natural resources will become available in this region resulting in an increase in human activity in the region;
Amendment 53 #
2016/2228(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the International Maritime Organisation (IMO) has adopted the Polar Code, an international mandatory code of safety for ships operating in polar waters, due to enter into force on 1 January 2017;
Amendment 55 #
2016/2228(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the Arctic has long been an area of constructive international cooperation and whereas there is a need to keep the Arctic as a; whereas the Northern Dimension as an equal partnership between the EU, Norway, Russia and Iceland, and the Barents Euro-Arctic Council play an important role in sustainable development, public health and social well-being, culture, environmental protection and logistics and transport through practical regional cooperation; whereas it is important to continue to keep the Arctic as a region of pragmatic good cooperation and low- tension area;
Amendment 58 #
2016/2228(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas five coastal states of the Arctic Ocean (United States, Russia, Canada, Norway and Denmark) recognised in the Ilulissat Declaration that an extensive international legal framework applies to the Arctic Ocean as well as their stewardship role in protecting the Arctic Ocean ecosystems;
Amendment 62 #
2016/2228(INI)
Motion for a resolution
Recital F
Recital F
F. whereas a robust and healthy Arctic ecosystem inhabited by viable communities is strategically important for the political and economic stability of Europe; whereas the costs of inaction on preservotecting the Arctic socio-ecosystems are increasing exponentially;
Amendment 71 #
2016/2228(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the risks posed by the use of heavy fuel oil (HFO) in the Arctic maritime transport are multiple; whereas in case of spills the highly dense fuel emulsifies, sinks and can be transported long distances if it gets trapped in ice; whereas spilled HFO poses huge risks for the food security of Arctic indigenous communities whose subsistence depends on fishing and hunting; whereas combustion of HFO produces sulphur oxides, heavy metals, as well as large amounts of black carbon which, when deposited on Arctic ice, stimulate the absorption of heat into the ice mass and hence accelerates its melting and climate change;
Amendment 75 #
2016/2228(INI)
Motion for a resolution
Recital H
Recital H
H. whereas three EU Member States (Denmark, Finland and Sweden) are fullnd one Overseas Country and Territory (Greenland) are members of the eight- member AC, and seven others (France, Germany, Italy, the Netherlands, Poland, Spain and the United Kingdom) are observers; whereas the EU is seeking to upgrade its status in the AC;
Amendment 80 #
2016/2228(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas there are local self- government arrangements in place in the Arctic with extensive political and law- making competences, which are recognized and respected;
Amendment 82 #
2016/2228(INI)
Motion for a resolution
Recital I
Recital I
I. whereas some four million people live in the Arctic region, of which some ten percent are members of indigenous peoples; whereas the vulnerable Arctic environment, as well as the fundamental rights of indigenous people,s require more stringent safeguards, especially when it comes to projects where intrusive extraction of natural resources takes placeany development and activity including extraction of natural resources in the region to be decided by the local population;
Amendment 85 #
2016/2228(INI)
Motion for a resolution
Recital I
Recital I
I. whereas some four million people live in the Arctic region, of which some ten percent are members of indigenous peoples; whereas the vulnerable Arctic environment, as well as the fundamental rights of indigenous people, require more stringent safeguardtheir closer involvement together with other local inhabitants, especially when it comes to projects where intrusive extraction of natural resources takes place;
Amendment 90 #
2016/2228(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the ecosystems in the Arctic, including its flora and fauna, is particularly vulnerable to abruptions, with a relatively long recovery period; whereas the negative environmental impacts are often accumulated and irreversible;
Amendment 97 #
2016/2228(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the carriage and use of heavy fuel oils is prohibited by the IMO in the waters surrounding the Antarctic;
Amendment 107 #
2016/2228(INI)
Motion for a resolution
Recital M
Recital M
M. whereas science-informed decision- making, including local and indigenous knowledge, is key to safeguarding the fragile ecosystems of the Arctic, to reducing risks and to enabling adaptation of local communities; whereas the EU is the world’'s leading funder of Arctic research and promotes free exchange of its results;
Amendment 116 #
2016/2228(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the joint communication as a positive step towards an integrated EU policy on Arctic matters, identifying 39 specific areas of action, and towards developing a more coherent framework for EU action; stresses the need for more coherence between the EU’s internal and external policies as regards Arctic matters; reiterates its call for a comprehensive strategy and a concretised action plan on the EU’s engagement in the Arctic;
Amendment 128 #
2016/2228(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines the importance of UNCLOS in providing a complementary multilateral legal framework for settling intra-Arctic sovereignty issuesthe delimitation of the Arctic continental shelf; notes that only very few unresolved issues of jurisdiction exist in the Arctic; considers respect for international law in the Arctic essential; advocates a strong role for the EU in promoting effective multilateral arrangements and a global rules-based order through the strengthening and consistent implementation of relevant international, regional and bilateral agreements, frameworks and arrangements; underlines that the EU should have a strong role in reaching an agreement to maintain the Arctic, which is not under any country’s jurisdiction, as an area of common heritage to be used exclusively fore important role of the Arctic Council for maintaining constructive cooperation, low tension, peaceful and scientific purposes; notes that this does not concern navigation and traditional livelihoodstability in the Arctic region;
Amendment 147 #
2016/2228(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Supports the development of a network of Arctic conservation areas and the protection of the international sea area around the North Pole outside the economic zones of the coastal states;
Amendment 153 #
2016/2228(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to take a stronger role in the effective implementation of international conventions such as the Paris Agreement, the Minimata Convention, the Convention on Long-Range Transboundary Air Pollution, the Gothenburg Protocol, the Stockholm Convention and the Convention on Biological Diversity and the international Polar Code; asks the Commission to pay special attention to the ongoing international process by the Persistent Organic Pollutants Review Committee to further restrict the use of persistent organic pollutants;
Amendment 174 #
2016/2228(INI)
Motion for a resolution
Paragraph 6 – introductory part
Paragraph 6 – introductory part
6. Calls on the Commission and the Member States affiliated to the work of the Arctic Council to support the development of anstrengthening of the ongoing Arctic Environmental Impact Assessment (EIA) to preserve the vulnerable ecosystem of the Arctic; notes that this special EIA should eventually be made mandatory and take account of at least the following aspects when evaluating projects taking place in the Arpractices in the Arctic Council; emphasises the vital importance of those EIAs for ensuring a sustainable reconciliation between economic activities and the protection of the Arctic's vulnerable socio-ecological system; encourages to develop a benchmarking system in relation to 'Best-practice':
Amendment 182 #
2016/2228(INI)
Motion for a resolution
Paragraph 6 – indent 1
Paragraph 6 – indent 1
Amendment 188 #
2016/2228(INI)
Motion for a resolution
Paragraph 6 – indent 2
Paragraph 6 – indent 2
Amendment 191 #
2016/2228(INI)
Motion for a resolution
Paragraph 6 – indent 3
Paragraph 6 – indent 3
Amendment 196 #
2016/2228(INI)
Motion for a resolution
Paragraph 6 – indent 4
Paragraph 6 – indent 4
Amendment 199 #
2016/2228(INI)
Motion for a resolution
Paragraph 6 – indent 5
Paragraph 6 – indent 5
Amendment 202 #
2016/2228(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the importance to find mechanisms to incorporate Corporate Social Responsibility – CSR – for companies doing business in the Arctic Region through cooperation with representatives of the business sector, such as the Arctic Economic Council; recommends to explore the potential of voluntary mechanisms to encourage high industry standards in social and environmental performance, such as highlighting 'best performances' in an Arctic Corporate Responsibility Index based on the Arctic Business Investment Protocol and UN Global Compact Initiative;
Amendment 204 #
2016/2228(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 207 #
2016/2228(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 216 #
2016/2228(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission and the Member States to support all efforts made in the IMO for reaching a global agreement on reducing the emissions from shipping;
Amendment 226 #
2016/2228(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses the need for the EU to engage with all Arctic partners in policy dialogue; calls for improved coordinto intensify the cooperation between the EU, the AC, the Barents Euro- Arctic Council, the Northern Dimension with its Partnerships and other bodies involved in cooperation in the High North;
Amendment 237 #
2016/2228(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Reconfirms its support for observer status of the EU in the AC; is convinced that the upgrading of the EU’'s status would reinforcecontribute positively to the political and institutional role of the AC in tackling Arctic matters;
Amendment 239 #
2016/2228(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Suggests furWelcomes ther enhancinged coordination between the Commission and the EEAS on Arctic issues, as well as considering; suggests to creatinge a unit for Northern policies at the EEAS and to strengthening EEAS- Commission inter-service cooperation to ensure a coherent, coordinated and integrated policy approach across the relevant key policy areas;
Amendment 246 #
2016/2228(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes the EU’'s capacity to contribute in multiple ways to the resolution of potential security challenges and the prevention of conflicts; calls on the EU to contribute, in partnership with its Member States and in cooperation with the Arctic countries, to building civilian security mechanisms, as well as to enhancing both natural and man-made crisis and disaster management capacities, and search and rescue infrastructure;
Amendment 249 #
2016/2228(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Highlights the ongoing constructive and pragmatic cross-border cooperation within the Northern Dimension and its Partnerships and the Barents Cooperation;
Amendment 269 #
2016/2228(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the importance of eongagoing Russia in Arctic cooperation and the need to further assert EU strategic interests towards Russia by the use of selective engagement andcooperative engagement of all Arctic states in the region and the need for the EU to further its own interests through enhancing and intensifying its engagement through dialogue and cooperation with the Arctic States in order to seek progress on issues of common concern where there is ground for global solutions to common challenges and threats; urges that this issue be included in the EU strategy on the Arctic;
Amendment 281 #
2016/2228(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission and the Member States to focus on transport corridors such as roads, railroads, airports and maritime shipping to maintain and promote cross-border links in the Arctic and to bring goods from the Arctic to the European markets;
Amendment 288 #
2016/2228(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes plans to create a European Arctic stakeholder forum; agrforesees noat to createhis stage no new funding mechanisms but agrees to enhance synergies between existing financing instruments in order to prevent possible duplications and to maximise interaction between internal and external EU programmes;
Amendment 290 #
2016/2228(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Invites the Commission to investigate how EU funding mechanisms can contribute to vital infrastructure investments in the Arctic region; suggests that the Commission explores the potential for a broader international financial cooperation on the development of new infrastructure and connectivity including ICT systems, railroads, roads, airports, ports and satellites that are essential for safe operations, communication, environmental monitoring, and observing climate change in the Arctic;
Amendment 291 #
2016/2228(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Emphasises the importance of including traditional and local knowledge in decision making in the Arctic;
Amendment 293 #
2016/2228(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. CReaffirms the EU's support for the UN Declaration on the Rights of Indigenous Peoples and recalls in particular article 19 thereof affirming that States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative and administrative measures that may affect them; calls for better and earlier involvement of indigenous peoples in the making of a citizen-centred Arctic policy; stresses the need to safeguard their rights, cultures and languages;
Amendment 306 #
2016/2228(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Pays special attention to the SDG 4.5, which includes ensuring equal access to all levels of education and vocational training for indigenous peoples, also in their own languages;
Amendment 308 #
2016/2228(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Pays special attention to the SDG 4.5, which includes ensuring equal access to all levels of education and vocational training for indigenous peoples;
Amendment 317 #
2016/2228(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Highlights the role of local communities and indigenous peoples in keeping the Arctic region viable and sustainable; calls on the Commission to target these communities in providing access to all relevant information on EU single market requirements, best practices and funding instruments; underlines the role of fluent transport, communication and electricity networks in creating economic activity in the arearegion; reminds the Commission of its obligations in Regulation 2015/1775/EU in terms of reporting and informing the public and the competent authorities of the provisions in the Regulation;
Amendment 320 #
2016/2228(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Highlights the role of local communities and indigenous people in keeping the Arctic region viable and sustainable; stresses the need to incorporate indigenous and local know- how as well as to ensure a closer involvement of the indigenous and local communities in the decision-making processes; underlines the importance of this closer engagement and the need of the necessary support and funding; suggests in this context an Arctic representation of indigenous people in Brussels to make their participation more visible; calls on the Commission to target these communities in providing access to all relevant information on EU single market requirements, best practices and funding instruments; underlines the role of fluent transport, communication and electricity networks in creating economic activity in the area;
Amendment 340 #
2016/2228(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Given that better knowledge of the Arctic is key to adequately meeting all challenges, encourages the promotion and facilitation of international scientific and research cooperation among all stakeholders active in the field of Arctic research and in establishing research infrastructures; supports cooperation between leading Arctic research institutions to develop an integrated European polar research programme under the EU-PolarNet initiative in respect of traditional and local knowledge;
Amendment 351 #
2016/2228(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes the Commission’'s determination to promotesupport for the establishment of marine protected areas in the Arctic; reminds the Commission and the Member States of the at least 10 % protection target of coastal and marine areas as part of the Sustainable Development Goals;
Amendment 360 #
2016/2228(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Reiterates its position from 2014, and calls on the Commission and the Member States to take all necessary measures to actively facilitaexpedite the ban on the use of heavy fuel oil (HFO) and carriage as ship fuel in vessels navigating the Arctic seas through MARPOL of IMO and/or through port state control as regulated in the waters surrounding Antarctica; invites the Commission to include the environmental and climate risks of the use of HFO in its study on the risks that the increase in navigation of the Northern Sea Route would bring;
Amendment 362 #
2016/2228(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls on the Commission, in the absence of adequate international measures, to put forward proposals on rules for vessels calling at EU ports subsequent to, or prior to, journeys through Arctic waters, with a view to prohibiting the use and carriage of heavy fuel oil;
Amendment 8 #
2016/2100(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reminds the Commission and Member States that competitiveness is a measure of economic ability to provide the European citizens with high and rising standards of living and high rates of employment on a sustainable basis1a ; __________________ 1ahttp://eur-lex.europa.eu/legal- content/EN/TXT/?uri=celex:52002DC071 4
Amendment 10 #
2016/2100(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that EU competition law and authorities need to guarantee a level playing field for businesses and a real choice for consumers in the digital single market; calls on the Commission to pursue a policy of active, effective and acceleratedeffective enforcement of the competition rules, in particular in the online search services and mobile internet sector, in order to remove barriers to innovation and to enable EU consumers to seize all the opportunities that a genuine digital single market can offer; stresses that the Commission should also ensure that the digital economy e.g. platform economy are not being misused to undermine consumers and worker's rights on the single market. This can lead to resistance to developing a fair digital single market;
Amendment 41 #
2016/2100(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Supports the Commission action on anti-cartel enforcement, such as recent actions in retail food and optical disc drive sectors, to guarantee fair prices to consumers;
Amendment 43 #
2016/2100(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Considers that ending roaming charges in the EU is not sufficient and that intra-EU calls must be also regulated on the same level as local calls; calls on the Commission to submit a legislative proposal for regulating intra-EU calls;
Amendment 49 #
2016/2100(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Refers to the European Court of Auditors' most recent report on non- compliance in state aid rules in cohesion policy in which they note a significant level of non-compliance and call for a number of recommendations to be implemented. It is to the detriment of a well-functioning internal market, therefore, urges the Commission to adopt the recommendations and ensure correct enforcement of the EU 65/2014 Regulation which entered into force July 2014;
Amendment 53 #
2016/2100(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Encourages the Commission to not only focus its efforts for fair competition on the high profile cases against large well-known companies, reminds the Commission that the enforcement of fair competition is also of importance towards SMEs;
Amendment 55 #
2016/2100(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. The emission scandal, which began in the US with Volkswagen, has made it clear that American consumers are better off in case of fraud and abuse of e.g. the competition rules compared to European consumers; Encourages the Commission to look into the possibility of ensuring individual compensation to affected consumers, since this may act as a deterrent to fraud and abuse thereby ensuring a fair Single Market;
Amendment 56 #
2016/2100(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Reiterates that all market players should pay their fair share of tax; Welcomes the Commission's in-depth investigations into anti-competitive practices such as selective tax advantages or excess profit ruling systems;
Amendment 62 #
2016/2100(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the Commission's reflections on the need for more tools to strengthen efforts for fair competition. Refers to the possibility of setting up a travelling unit in the European Commission, which independently of Member States' efforts must be able to investigate suspected breech of competition law and unfair competition.
Amendment 69 #
2016/2100(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Notes the Commission's increased use of EU pilot instead of resorting to infringement proceedings. Welcomes this approach however reminds the Commission that this should not lead to weaken enforcement of EU legislation or less transparency.
Amendment 54 #
2016/2064(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. In particular, considers essential to fill the gap of investments for the completion of a wide-spread, affordable and secure high-speed connectivity infrastructure, as a precondition for the full development of the Digital Single Market and for growth and cohesion in Europe; stresses the importance to overcome the still existing different level of infrastructures development among regions in Europe and between urban and rural areas;
Amendment 56 #
2016/2064(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Points out the need to make funds available for the digital transformation in order to support the SMEs affected by the digital transition, foster new and innovative technological development, with closer cooperation between established companies and start-ups; underlines the importance to finance the establishment of technology centres in less-industrialized regions in order to reduce regional disparities, revitalize local economies by providing high-quality jobs and skill development support;
Amendment 5 #
2016/2052(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that a well-functioning internal market can only positively contribute to the objectives of the Common Security and Defence Policy (CSDP);
Amendment 8 #
2016/2052(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 30 #
2016/2052(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the security and defence building capacity enshrined in the Treaties has yet to be accomplished; whereas it is the responsibility of the Member States to build a European Security and Defence Uniona commitment to strengthening CSDP is crucial as is the need to develop synergies between internal and external security policies; whereas the EU and its Member States have a strong role to play through the unique EU comprehensive approach to preventing and managing conflicts and addressing their causes;
Amendment 39 #
2016/2052(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges the Member States to fully enforce Directive 2009/81/EC, concerning procurement in the fields of defence and sensitive security, and Directive 2009/43/EC, concerning the transfer of defence-related products, while noting that Member States have made little use of the available tools, for example joint purchases through central purchasing bodies such as the European Defence Agency; calls on the Commission to evaluate if the objectives of the Directive have been reached and to take the appropriate measures in case of upgrading the legislation to the real defence market needs;
Amendment 43 #
2016/2052(INI)
Motion for a resolution
Recital C
Recital C
C. whereas Article 42 of the Treaty on European Union requires the progressive framing of a common Union defence policy as part of the common security and defence policy, which will lead to a EU common defence when the European Council so decides, acting unanimously, without prejudice to the specific character of the security and defence policy of certain Member States;
Amendment 53 #
2016/2052(INI)
Motion for a resolution
Recital D
Recital D
D. whereas that same article provides for the creation of defence institutions as well as for a European capabilities and armaments policy to be defined; whereas it also requires that the EU’s efforts will be NATO-compatible; whereas a Europeacommon Union Ddefence Union willpolicy could enable a stronger North Atlantic Treaty Organization, consequently promoting further a more effective national (territorial), regional and global security and defence;
Amendment 60 #
2016/2052(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that stimulating technological developments in Europe is vital in for der to satisfy the upcoming needs of European armed forcesfence sector, as is fostering a more integrated internal market through the development of joint cooperative programmes, under which the Joint Research Centre could aggregate dual-use technology efforts across the EU and could facilitate SMEs access to Internal Market;
Amendment 74 #
2016/2052(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights the importance of intensifying the synergies between security and defence and the synergies with other Union policies, and of building on integrated capabilities in order to develop common approaches in the areas of, for example, hybrid threats, terrorism, external border security, illegal immigrationhuman trafficking, common intelligence, cybersecurity and customs controls;
Amendment 78 #
2016/2052(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the European Council of June 2015, which focused on defence, called for fostering greater and more systematic European defence cooperation with a view to delivering key capabilities, including through the use of EU funds, noting that military capabilities remain owned and operated by the Member States;
Amendment 88 #
2016/2052(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the EU level white book on security and defence will represent the first steps towards the European Defence Union (EDU), as provided for inshould further strengthen CSDP and enhance the EU's ability to act as a security provider, in accordance with the Lisbon Treaty;
Amendment 88 #
2016/2052(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Notes that sovereignty concerns, sensitivities and divergent threat perceptions in the different Member States and differing national industries and operational capabilities hamper integration of the defence sector and contribute to market fragmentation, and; believes that a European Defence Union may create more trust, align the different plans for development of national capabilisupply chain transparency, tackling market distortion, providing the necessary support for SMEs and ensuring the full application of both Directives and ultimately lead to more common projects and the opening of the2009/81/EC and 2009/43/EC are necessary steps to removing barriers for a fair, accessible and innovative European defence and security markets.
Amendment 100 #
2016/2052(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Encourages the European Council to lead the progressive framing of the EDUa common Union defence policy, with a view to its establishment under the next multiannual political and financial framework of the EU (MFF); takes the view that the Lisbon Treaty provides a solid basis for the EDUcommon Union defence policy;
Amendment 179 #
2016/2052(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the importance of putting in place the necessary measures to allow a workinghat encourage a functioning, fair, accessible, and transparent and simple European market in defence equipment in order to enable Member States to reach better defence and security budget maximisationEuropean defence market, promote future technological innovation, support SMEs and stimulate growth and jobs; is concerned that the progress towards improved competitiveness, greater transparency, and less red tape in the defence sector has been slow so far, and that a sound European defence industrial policy is still missing; stresses the need of ensuring that the Defence Procurement Directive and the Intra Community Transfers Directive are correctly applied across the EU;
Amendment 201 #
2016/2052(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the joint declaration by the presidents of the European Council and the Commission, and the Secretary-General of the North Atlantic Treaty Organization of 8 July 2016; emphasises the need for stronger cooperation between the EU and NATO in the area of security and defence; is convinced that EU-NATO cooperation should involve building resilience together in the east and the south as well as defence investment, countering hybrid and cyber threats, improving maritime security, as well as coordinating development of defence capabilities; considers that cooperation on capabilities offers the prospect of improving compatibility and synergy between both frameworks; is convinced that this would also strengthen NATO’s role in security and defence policy, and in collective defence;
Amendment 2 #
2016/2047(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that a strengthened and well-functioning single market is fundamental for the Union’s capacity to absorb shocks; stresses that the Union’s budget must support the transition to a circular economy and an inclusive and accessible Digital Single Market;
Amendment 4 #
2016/2047(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that a strengthened and well-functioning single market is fundamental for the Union’s capacity to absorb shocks; stresses that the Union’s budget must support the transition to a circular economy and an inclusive and diverse Digital Single Market;
Amendment 5 #
2016/2047(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the importance of a strong consumer policy that reinforces consumer safety and awareness and adjusts consumer rights in line with societal, technological and economic changes, in this context, the importance of consumer empowerment and education, as well as of product safety and market survaillence in the Digital Single Market; stresses that new challenges to consumer policy should be addressed through the allocation of an appropriate budget;
Amendment 6 #
2016/2047(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the importance of a strong consumer policy that reinforces consumer safety and awareness and adjusts consumer rights in line withto societal, technological and economic changes, such as big data and the internet of things, the circular economy, the so-called collaborative economy and e-commerce; stresses that new challenges to consumer policy should be addressed through the allocation of an appropriate budget;
Amendment 10 #
2016/2047(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes appropriations for the COSME programme, a key instrument to support entrepreneurship and investments in growth and jobs, as a priority; underlines the need for efficient financing for innovation, scale-up, internationalisation and access to third markets, digitalisation and adoption of circular economy business models for SMEs and microentreprises, so as to increase their international competitiveness;
Amendment 16 #
2016/2047(BUD)
Draft opinion
Paragraph 9
Paragraph 9
9. Welcomes the allocation of funds for the modernisation of the customs union, which supports the implementation of the Union Customs Code and the development of the electronic customs systems, leading to effective tools in combating fraud and guaranteeing both consumer protection and fair competition;
Amendment 19 #
2016/2047(BUD)
Draft opinion
Paragraph 11
Paragraph 11
11. Stresses the important role of standardisation for the single market which ensures the interoperability of products and services and enhances the competitiveness of companies; underlinstresses the importance of consumer and stakeholder involvement in the standardisation process; welcomes the continuation of the budgetary support to the standardisation activities performed by European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (CENELEC) and the European Telecommunications Standards Institute (ETSI);
Amendment 22 #
2016/2047(BUD)
Draft opinion
Paragraph 13
Paragraph 13
13. Asks for the financing of thenew pilot projects proposed by IMCO on key issues such as the development of the Digital Single Market, cross-border cooperation in the interest of consumers or awareness- raising in respect of consumer rightentitled ‘Dynamic development of cross-border e-commerce through efficient parcel delivery solutions’ to collect information on best practice in the area of parcel delivery, and ‘Algorithmic Awareness Building Initiative’, which aims to increase algorithmic transparency, raise awareness for the benefit of citizens and our democracies and contribute to the development of the Digital Single Market, and ‘Application of web accessibility requirements in web- authoring tools and platforms by default (Web Access By Default) to encourage and support the adoption of accessibility requirements of the European Standard, and ‘Regional cross border cooperation of consumer protection public authorities’, which aims to tackle cross border consumer protection issues that are specific to different regions;
Amendment 1 #
2016/2024(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the free movement of goods, services, capital and persons is the cornerstone of the Single Market and essential for economic growth in the Union; underlines that disruptions to the four freedoms will hamper the functioning of the Single Market and slow down economic activity;
Amendment 5 #
2016/2024(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that a well-functioning Single Market is fundamental for the Union’s capacity to absorb shocks, such as new trends in migration; stresses that the Union’s budget must support the transition to a circular economy and an inclusive, accessible and diverse Digital Single Market;
Amendment 7 #
2016/2024(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the importance of a strong consumer policy that reinforces consumer awareness and adjusts consumer rights to societal, technological and economic changes such as, big data and the internet of things, circular economy, the so-called collaborative economy and e-commerce; requests that new challenges to consumer policy be addressed through the allocation of an appropriate budget;
Amendment 9 #
2016/2024(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises that small and medium-sized enterprises (SMEs) and microenterprises are crucial for the European economy; underlines the need for financing for innovation and, scale-up, internationaliszation, digitalization and adoption of circular economy business models for SMEs and microentreprises; calls for an appropriate budget allocation for COSME and the Enterprise Europe Network;
Amendment 12 #
2016/2024(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that timely adoption of EU standards is key for competitiveness and interoperability; stresses the importance of consumer and stakeholder involvement in the standardization process; calls for an adequate budgetary allocation for the standardisation activities of the European Committee for Standardization (CEN), the European Committee for Electrotechnical Standardization (CENELEC) and the European Telecommunications Standards Institute (ETSI);
Amendment 17 #
2016/2024(BUD)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that multilingual Online Dispute Resolution platforms play a key role in building consumer trust and strengthening cross-border e-commerce should be allocated adequate financing;
Amendment 4 #
2016/2010(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls the fundamental role of the universal service obligation (USO) in the postal sector with regard to the development of a fair single market for citizens and consumers; notes the trend towards a narrower scope for the USO; and the flexibility for Member States to define the universal service to fit their domestic circumstances; underlines the possibility for national regulatory authorities (NRAs) to grant derogations from minimum obligations, based on objective and published criteria and subject to regular monitoring; recognises the benefits of the Keep Me Posted EU campaign to promote consumer choice;
Amendment 32 #
2016/2010(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Welcomes the growth in employment opportunities in the parcel delivery sector; underlines the benefits of quality and sustainable jobs in postal and delivery services, including on providing high and consistent standards of service to consumers; calls on the Commission and the Member States to ensure that decent rights for workers in this sector are guaranteed, irrespective of employment status;
Amendment 40 #
2016/2010(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights the findings of the Commission’s public consultation on cross-border parcel delivery; notes that the Commission intends to launch measures in 2016 to improve price transparency and enhance regulatory oversight of parcel delivery;
Amendment 41 #
2016/2010(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Underlines the potential role of EU funding mechanisms such as Horizon 2020 and the European Structural and Investment Funds in facilitating innovation in postal and delivery services including e-commerce options of benefit for consumers, the environment and SMEs and solutions with social inclusion and accessibility objectives;
Amendment 1 #
2016/2007(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Points out that the virtual currency (VC) industry and VC technology are in a nascent state and therefore a common European approach is needed now, which may require a legislative proposal;
Amendment 3 #
2016/2007(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recognises the potential benefits associated with VCs for consumers, businesses, charities and the economy at large, which include greater speed and efficiency and reduced costs in making payments and transfers, in particular across borders, and potentially promoting financial inclusion;
Amendment 9 #
2016/2007(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses the importance of developing an European level playing field to allow unleashing and fully developing the valuable potential of Distributed Ledger Technologies (DLT), that can be used in numerous innovative fields and in a wide range of industries and services, such as "smart contracts", crypto-equity crowdfunding and dispute mediation services, in particular in the financial and juridical sectors; moreover, encourages public bodies to evaluate the benefits and explore the possibility of applying such innovative technologies to other fields, with the scope of providing better, more rapid and more efficient services to the EU citizens;
Amendment 11 #
2016/2007(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. AcknowledgStresses that VCs could present risks in relation to criminal activities such as money laundering and tax fraud; notes, however that there is little evidence that VCs have been widely used as a payment vehicle for criminal activity, terrorist financing, tax evasion and tax fraud; Stresses that risks to financial stability could become more pronounced as VCs become more widespread; Notes that VCs may become the target of increased cybercrime as they become more widespread;
Amendment 18 #
2016/2007(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 24 #
2016/2007(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Points out that it is difficult to predict how VCs might develop and to identify any potentialmonitor and gather statistical data on VCs and to predict how VCs might develop; Calls on the Commission to address this lack of information and to propose specific longer-term policy responses, while not stifling innovationch address the challenge of consumer protection but leave room for innovation; Calls on the Commission to pay special attention to the algorithms used and to assess their security;
Amendment 27 #
2016/2007(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Asks the Commission to establish a horizontal Task Force DLT (TF DLT) in order to provide the necessary technical and regulatory expertise to support a European response to the new opportunities and challenges of VCs and DLTs;
Amendment 31 #
2016/2007(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to consider the contribution of VCs and DLTs to all sectors, including their role in the development of the digital single market, with a view to ensuring that legitimate businesses in the VC sector are allowed to thrive;
Amendment 37 #
2016/2007(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses the importance of consumer awareness when using VCs while noting the growing use of VC micropayments foand transparency when using VCs; calls on the Commission, after conline purchases of goods; calls on the VC industry, in cooperation with the Commission and the Member States, to develop voluntary standards and to address the opportunities and challenges of VCs for consumers with the aim ofsulting the Member States and the VC industry, to develop specific EU guidelines with the aim of guaranteeing that a correct, clear and complete information is provided for existing and future VC users, to allow them to make a fully informed choice, thus enhancing the transparency of VC schemes for consumers in terms of how they are organised and operated and how they distinguish themselves from regulated and supervised payment systems,; in terms of consumer protection, in order to allow existing and future VC users to makeparticular, underlines that the consumers and users, before using VCs, shall be informed about the high volatility and informed choicstability of their value.
Amendment 41 #
2016/2007(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Asks the Commission to ensure that an adequate level of safeguards and effective remedies are in place for consumers who might face some of the risks linked to the use of VCs, such as hacking, malfunctioning of the software/hardware, scams and fraudulent schemes; calls the Commission to consider the possibility to set up specific, concrete and effective measures at the EU level in order to ensure the users are fully protected and safeguarded in relation to these risks.
Amendment 4 #
2016/0403(COD)
Proposal for a regulation
–
–
The Committee on Legal Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 61 #
Amendment 2 #
2016/0402(COD)
Proposal for a directive
–
–
The Committee on Legal Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 80 #
Amendment 748 #
2016/0288(COD)
Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1
Article 106 – paragraph 1 – subparagraph 1
Member States may impose reasonable ‘'must carry’' obligations, for the transmission of specified radio and television broadcast channelaudiovisual media services and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supportingto content and electronic programming guides for end-users with disabilities and data supporting and enabling end-users access to connected TV services and electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or television broadcast channelaudiovisual media services to the public where a significant number of end- users of such networks use them as their principal means to receive radio and television broadcast channeland services use them to receive radio and audiovisual media services. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.
Amendment 757 #
2016/0288(COD)
Proposal for a directive
Article 106 – paragraph 2
Article 106 – paragraph 2
2. Neither paragraph 1 of this Article nor Article 57(2) shall prejudice the ability of Member States to determine appropriate remuneration, if any, by legal provisions, in respect of measures taken in accordance with this Article while ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services. Where remuneration is provided for, Member States shall ensure that it is applied in a proportionate and transparent manner.
Amendment 215 #
2016/0286(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Compared to the situation in the past where both a Board of Regulators and a Management Committee were running in parallel, having a single board giving general orientations for the activities of BEREC, deciding on regulatory and operational as well as on administrative and budgetary management matters should help improving the efficiency, coherence and performance of the agency. To this end, the Management Board should carry the relevant functions and should consist, in addition of twoa representatives of the Commission, of the Head, or otherwise a member of the collegiate body, of each NRA, who are protected by dismissal requirements.
Amendment 217 #
2016/0286(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The role of the Executive Director, who would be the legal representative of BEREC, is crucial for the adequate functioning of the new agency and the implementation of the tasks assigned to it. The Management Board should appoint him/her on the basis of a list drawn up by the Commissihairperson following an open and transparent selection procedure in order to guarantee a rigourous evaluation of the candidates and a high level of independence. The candidate should obtain the consent of the European Parliament to take office. Moreover, in the past the term of office of the Administrative Manager of the BEREC Office was three years. It is necessary that the Executive Director has a sufficiently long mandate in order to ensure stability and delivery of a long-term strategy for the agency.
Amendment 254 #
2016/0286(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3 a. BEREC shall carry out its tasks independently, impartially, transparently and in a timely manner. BEREC shall ensure that the public and any interested parties are given appropriate, objective, reliable and easily accessible information, in particular with regard to the results of its work.
Amendment 255 #
2016/0286(COD)
Proposal for a regulation
Article 2 – paragraph 3 b (new)
Article 2 – paragraph 3 b (new)
3 b. Where appropriate, before adopting decisions, reports or other type of public deliverables, BEREC shall consult interested parties and give them the opportunity to comment within a reasonable period having regard to the complexity of the matter and in any event not shorter than 30 days, except in exceptional circumstances. Without prejudice to Article 28, the results of the consultation procedure shall be made publicly available by BEREC.
Amendment 256 #
2016/0286(COD)
Proposal for a regulation
Article 2 – paragraph 3 c (new)
Article 2 – paragraph 3 c (new)
3 c. BEREC shall promote cooperation between NRAs, and between NRAs and the Commission.
Amendment 261 #
2016/0286(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
The Management Board shall be composed of one representative from each Member State and twoone representatives of the Commission, all with voting rights. Each NRA shall be responsible for nominating its respective representative amongst the Head or members of the collegiate body of the NRA.
Amendment 269 #
2016/0286(COD)
Proposal for a regulation
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
3 b. The Chairperson or Deputy Chairperson shall report to the European Parliament on the performance of their duties and the performance of BEREC when invited to do so. The Council may invite the Chairperson or Deputy Chairperson to report on the performance of their duties and the performance of BEREC.
Amendment 272 #
2016/0286(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Without prejudice to the powers of the Commission and the Management Board, the Executive Director shall be independent in the performance of his/her duties and shall neither seek nor take instructions from any government, NRA, institution, person or body.
Amendment 28 #
2016/0230(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The coherence between this Regulation, Regulation [(EU) ... on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 for a resilient Energy Union and to meet commitments under the Paris Agreement and amending Regulation No 525/2013 of the European Parliament and the Council on a mechanism for monitoring and reporting greenhouse gas emissions and other information relevant to climate change], Directive [(EU)... to enhance cost-effective emission reductions and low-carbon investments] and the long-term goals of the Paris Agreement should be ensured.
Amendment 39 #
2016/0230(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The LULUCF sector can contribute to climate change mitigation in several ways, in particular by reducing emissions, and maintaining and enhancing sinks and carbon stocks and substituting fossil or carbon-intensive raw materials and energy. In order for measures aiming in particular at increasing carbon sequestration to be effective, sustainable forest and resource management and the long-term stability and adaptability of carbon pools is essential.
Amendment 45 #
2016/0230(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Advanced and sustainable management practices can contribute to reducing greenhouse gas emissions in the LULUCF sector. Promoting the sharing of best practices in this field can help Member States in reaching their targets under this Regulation.
Amendment 63 #
2016/0230(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Emissions and removals from forest land depend on a number of natural circumstances, age-class structure, as well as past and present management practices that differ between Member States. The use of a base year would not make it possible to reflect those factors and resulting cyclical impacts on emissions and removals or their interannual variation. The relevant accounting rules should instead provide for the use of reference levels to exclude the effects of natural and country- specific characteristics. In the absence of the international review under the UNFCCC and the Kyoto Protocol, a review procedure should be established to ensure transparency and improve the quality of accounting in this category.
Amendment 80 #
2016/0230(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Natural disturbances, such as wildfires, insect and disease infestations, extreme weather events and geological disturbances that are beyond the control of, and not materially influenced by, a Member State, may result in greenhouse gas emissions of a temporary nature in the LULUCF sector, or may cause the reversal of previous removals. As reversal can also be the result of management decisions, such as decisions to harvest or plant trees, this Regulation should ensure that human- induced reversals of removals are always accurately reflected in LULUCF accounts. Moreover, this Regulation should provide Member States with a limited possibility to exclude emissions resulting from disturbances that are beyond their control from their LULUCF accounts. However, the manner in which Member States apply those provisions should not lead to undue under-accounting. and should not discourage Member States from investing in and taking preventative measures that reduce the risk of the occurrence of natural disturbances.
Amendment 84 #
2016/0230(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Depending on national preferences, Member States should be able to choose adequate national policies for achieving their commitments in LULUCF, including the possibility of compensating emissions from one land category by removals from another land category. They should also be able to cumulate net removals over the period 2021-2030. Trading among Member States should continue as an additional option to help compliance. Following the practice in the second commitment period of the Kyoto Protocol, there should also be a possibility for a Member State to use its overachievement under Regulation [] on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 for a resilient Energy Union and to meet commitments under the Paris Agreement and amending Regulation No 525/2013 of the European Parliament and the Council on a mechanism for monitoring and reporting greenhouse gas emissions and other information relevant to climate change in order to ensure its compliance with its commitment under this Regulation without compromising the overall ambition level of Union greenhouse gas reduction targets.
Amendment 86 #
2016/0230(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure efficient, transparent and cost-effective reporting and verification of greenhouse gas emissions and removals and of other information necessary to assess compliance with Member States' commitments, reporting requirements should be included in Regulation (EU) No. 525/2013 by this Regulation, and compliance checks under this Regulation should take these reports into account. Regulation (EU) No. 525/2013 should therefore be amended accordingly. These provisions may further be streamlined to take into consideration any relevant changes in respect of the integrated governance of the Energy Union for which a proposal is foreseen by the end of 2016 in the Commission’s work programme.
Amendment 109 #
2016/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) harvested wood products.
Amendment 213 #
2016/0230(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
The national forestry accounting plan shall contain all the elements listed in Annex IV, section B and include a proposed new forest reference level based on the continuation of current forest management practice and intensity, as documented between 1990up to 2017 for the period 2021-2025 and up to 2022 for the period 2026-20309 per forest type and per age class in national forests, expressed in tonnes of CO2 equivalent per year.
Amendment 220 #
2016/0230(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall use the best available data on land use and forest conditions and demonstrate consistency between the methods and data used to establish the forest reference level in the national forestry accounting plan and those used in the reporting for managed forest land. At the latest at the end of the period from 2021 to 2025 or from 2026 to 2030, a Member State shall submit to the Commission a technical correction of its reference level if necessary to ensure consistency.
Amendment 225 #
2016/0230(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The Commission shall reviewfacilitate an assessment of the national forestry accounting plans and technical corrections and assesssubmitted, by a Member State. This assessment shall be carried out in close consultation with Member State experts, the Standing Forestry Committee and the Energy Union Committee. The assessment shall evaluate the extent to which the proposed new or corrected forest reference levels have been determined in accordance with the principles and requirements set out in paragraphs (3) and (4) as well as Article 5(1). To the extent that this is required in order to ensure compliance withWhere the principles and requirements set out in paragraphs (3) and (4) as well as Article 5(1) have not been adhered to, the Commission may recalculate the proposed new or corrected forest reference levels.
Amendment 232 #
2016/0230(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The Commission shall, by 31 December 2019 with a view to the period 2021-2025, and by 31 December 2024 with a view to the period 2026-2030, adopt delegated acts in accordance with Article 14 to amend Annex II in the light of the reviewassessment carried out pursuant to paragraph (5) to update Member State forest reference levels based on the national forestry accounting plans or the technical corrections submitted, and any recalculations made in the context of the review. Until the entry into force of the delegated act, Member State forest reference levels as specified in Annex II shall continue to apply for the period 2021- 2025 and/or 2026-2030.
Amendment 237 #
2016/0230(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Amendment 239 #
2016/0230(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
The Commission shall, by 31 December 2019, adopt a delegated act in accordance with Article 14 in order to update the categories in the pool of harvested wood products with additional products that have a positive substitution effect. The delegated act shall also update the default half-life values specified in Annex V.
Amendment 267 #
2016/0230(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
The Commission shall ensure coherence between this Regulation, Regulation [(EU) ... on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 for a resilient Energy Union and to meet commitments under the Paris Agreement and amending Regulation No 525/2013 of the European Parliament and the Council on a mechanism for monitoring and reporting greenhouse gas emissions and other information relevant to climate change], Directive [(EU)... to enhance cost- effective emission reductions and low- carbon investments] and the long-term goals of the Paris Agreement. To this end, the Commission shall report to the European Parliament and to the Council by 28 February 2024 and every five years thereafter on the operation of this Regulation, its contribution to the EU's overall 2030 greenhouse gas emission reduction target and its contribution to the long-term goals of the Paris Agreement, and may make proposals if appropriate.
Amendment 277 #
2016/0230(COD)
Proposal for a regulation
Annex I – point B – point f
Annex I – point B – point f
(f) forharvested wood products from afforested land and managed forest land: harvested wood products.
Amendment 279 #
2016/0230(COD)
Proposal for a regulation
Annex II – table 2 – row 1
Annex II – table 2 – row 1
Member State forest reference levels including harvested wood products
Amendment 286 #
2016/0230(COD)
Proposal for a regulation
Annex IV – part A – paragraph 1 – point d
Annex IV – part A – paragraph 1 – point d
Amendment 290 #
2016/0230(COD)
Proposal for a regulation
Annex IV – part A – paragraph 1 – point g a (new)
Annex IV – part A – paragraph 1 – point g a (new)
(ga) Member States shall provide confirmation that the construction of the forest reference level neither includes assumptions or estimations about domestic policies nor assumptions or estimations about future changes to these.
Amendment 81 #
2016/0152(COD)
Proposal for a regulation
Title
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on addressing unjustified geo-blocking and other forms of discrimination based on custoonsumers' nationality, or place of residence or place of establishment within the internal market and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Text with EEA relevance)
Amendment 109 #
2016/0152(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Geoblocking is incompatible with the fundamental principles of the single market. However, there are a number of well-founded reasons why companies, in particular SMEs and micro-enterprises, should avoid or refuse cross-border trade or adapt general conditions of sale, in particular related to divergent legal environments, including taxation and fiscal issues, additional national requirements, additional delivery costs, or language requirements for pre- contractual information.
Amendment 131 #
2016/0152(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation should not affect acts of Union law concerningintroduce additional rules on judicial cooperation in civil matters, notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in Regulations (EC) No 593/2008 of the European Parliament and of the Council24 and (EU) 1215/2012 of the European Parliament and of the Council25 , including the application of those acts and provisions in individual cases. In particular, the mere fact that a trader acts in accordance with the provisions of this Regulation should not be construed as implying that he directs his activities to the consumer's Member State for the purpose of such application. __________________ 24 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6). 25 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).
Amendment 137 #
2016/0152(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The mere fact that a trader acts in accordance with the provisions of this Regulation should not be interpreted as a sign that he is directing his activities to the Member State of the consumer within the meaning of Regulation (EC) No 593/2008 and Regulation (EU) No 1215/2012, in accordance with the well established case-law of the Court of Justice of the European Union.
Amendment 140 #
2016/0152(COD)
Proposal for a regulation
Recital 10 b (new)
Recital 10 b (new)
(10b) Where applicable, rules on precontractual information, the right of withdrawal, its exercise and its effects, delivery, and the passing of risk should be governed by Directive 2011/83/EU of the European Parliament and of the Council1a. _______________ 1aDirective 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).
Amendment 155 #
2016/0152(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The effects for custoonsumers and on the internal market of unjustified discriminatory treatment in connection to commercial transactions relating to the sales of goods or the provision of services within the Union are the same, regardless of whether a trader is established in a Member State or in a third country. Therefore, and with a view to ensuring that competing traders are subject to the same requirements in this regard, the measures set out in this Regulation should apply equally to all traders operating within the Union.
Amendment 165 #
2016/0152(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Certain traders operate different versions of their online interfaces, targeting custoonsumers from different Member States. While this should remain possible, redirecting a custoonsumer from one version of the online interface to another version without his or her prior explicit consent should be prohibited. All versions of the online interface should remain easily accessible to the custoonsumer at all times.
Amendment 184 #
2016/0152(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The first of those situations is where the trader sells goods and there is no cross-border delivery of those goods by or on behalf of the trader to the Member State where the custoonsumer resides. In that situation the custoonsumer should be able to purchase goods, under exactly the same conditions, including price and conditions relating to the delivery of the goods, as similar custoonsumers who are residents of the Member State of the trader. That may mean that a foreign custoconsumer will have to pick up the good in that Member State, or in a different Member State to which the trader delivers. In this situation, in accordance with Directive 2006/112/EC, there is no need to register for value added tax ("VAT") in the Member State of the customer, nor arrange for the cross- border delivery of goodsonsumer.
Amendment 256 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation seeks to contribute to the proper functioning of the internal market by preventing unjustified discrimination based, directly or indirectly, on the nationality, or place of residence or place of establishment of custof consumers.
Amendment 283 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. This Regulation shall be without prejudice to the applicable rules on copyright and related rights, in particular Directive 2001/29/EC of the European Parliament and of the Council1a. _______________ 1aDirective 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ L 167, 22.6.2001, p. 10).
Amendment 293 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
5. This Regulation shall not affect acts ofbe without prejudice to the applicable Union law concerning judicial cooperation in civil matters. CThe mere compliance with this Regulation shall not be construed as implying that a trader directs his or her activities to the Member State where the consumer has the habitual residence or domicile within the meaning of point (b) of Article 6(1) of Regulation (EC) No 593/2008 and point (c) of Article 17(1) of Regulation (EU) 1215/2012. In particular, where a trader, acting in accordance with Articles 3, 4 and 5, does not block or restrict consumer access to his on-line interface, does not redirect him or her to a different version of his on-line interface to which the consumer has sought access originally, irrespective of his or her nationality or place of residence, does not apply different general conditions of access in situations provided for by this Regulation, that trader cannot be regarded, solely on these grounds, as directing its activities to the Member State in which the consumer has his or her habitual residence or domicile.
Amendment 316 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The traders shall not, through the use of technological measures or otherwise, block or limit custoonsumers' access to their online interface for reasons related to the nationality, or place of residence or place of establishment of the custoonsumer.
Amendment 319 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
The traders shall not, for reasons related to the nationality, place of residence or place of establishment of the customer, redirect custo redirect the consumers to a version of theirits online interface that is different from the online interface which the custoonsumer originally sought to access, by virtue of its layout, use of language or other characteristics that make it specific to custoonsumers with a particular nationality, or place of residence or place establishment, unless the custoonsumer gives his or her explicit consent prior to such redirection.
Amendment 339 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Where athe trader blocks or limits access of custothe consumers to an online interface or redirects custothe consumers to a different version of the online interface in compliance with paragraph 4, the trader shall provide a clear and explicit justification. That justification shall be given in the language of the online interface that the custoonsumer originally sought to access.
Amendment 412 #
2016/0152(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
The prohibitions provided for in Articles 3, 4 and 5 of this Regulation shall not apply in cases where the trader is bound by an agreement obliging him or her to restrict his or her passive sales and that these restrictions are in conformity with Article 101 TFEU and Regulation (EU) No 330/2010.
Amendment 62 #
2016/0151(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure coherence and give certainty to businesses and Member States' authorities, the notion of "incitement to hatred" should, to the appropriate extent and where applicable to member states, be aligned to the definition in the Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as "publicly inciting to violence or hatred". This should include aligning the grounds on which incitement to violence or hatred is based.
Amendment 63 #
2016/0151(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In order to empower viewers, including parents and minors, in making informed decisions about the content to be watched, it is necessary that audiovisual media service providers provide sufficient information about content that may impair minors' physical, mental or moral development. This could be done, for instance, through a system of content descriptors indicating the nature of the content. Content descriptors could be delivered through written, graphical or acoustic means. The different means of content descriptors should be clear enough to stipulate if the specific content may be of harm to minors.
Amendment 65 #
2016/0151(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Certain widely recognised nutritional guidelines exist at national and international level, such as the WHO Regional Office for Europe's nutrient profile model, in order to differentiate foods on the basis of their nutritional composition in the context of foods television advertising to children. Member States should be encouraged to ensure that self-and co-regulatory codes of conduct are used to effectively reduceffectively ensure that the exposure of children and minors to audiovisual commercial communications regarding foods and beverages that are high in salt, sugars or fat or that otherwise do not fit these national or international nutritional guidelines is reduced. Self-and co-regulation should contribute to this objective.
Amendment 71 #
2016/0151(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Similarly, Member States should be encouraged to ensure that self- and co- regulatory codes of conduction are used to effectively limitend the exposure of children and minors to audiovisual commercial communications for alcoholic beverageproducts. Certain co- regulatory or self-regulatory systems exist at Union and national level in order to market responsibly alcoholic beverages, including in audiovisual commercial communications. Those systems should be further encouraged and member states allowed to take further steps in drafting national guidelines, in particular those aiming at ensuring that responsible drinking messages accompany audiovisual commercial communications for alcoholic beverageproducts.
Amendment 72 #
2016/0151(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Given the potential harm caused by alcohol on all individuals and society as a whole, Member States should encourage to limit the exposure of products containing alcohol. As the rules applicable to tobacco prohibits advertisement of such products due to their harmful effects, the same rules should be applied for alcoholic products.
Amendment 77 #
2016/0151(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Sponsorship represents an important means of financing audiovisual media services or programmes while promoting a legal or physical person's name, trade mark, image, activities or products. As such, for sponsorship to constitute a valuable form of advertising technique for advertisers and audiovisual media service providers, sponsorship announcements can contain promotional references to the goods or services of the sponsor, while not being allowed to directly encouraginge the purchase of the goods and services. Sponsorship announcements should continue to clearly inform the viewers of the existence of a sponsorship agreement. The content of sponsored programmes should not be influenced in such a way as to affect the audiovisual media service provider's editorial independence.
Amendment 92 #
2016/0151(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Providers of on-demand audiovisual media services should promote the production and distribution of European works, if such measures do not affect the services provided to the consumer, by ensuring that their catalogues contain a minimum share of European works and that those are given enough prominencewithout affecting the principle of media pluralism.
Amendment 95 #
2016/0151(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
Amendment 108 #
2016/0151(COD)
Proposal for a directive
Recital 26
Recital 26
(26) There are new challenges, in particular in connection with video-sharing platforms, on which users - particularly minors - increasingly consume audiovisual content. In this context, harmful content and hate speech stored on video-sharing platforms have increasingly given rise to concern. It is necessary, in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred, to set out proportionate rules on those matters in line with European and national legislation.
Amendment 158 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 4 – subparagraph 3
Article 3 – paragraph 4 – subparagraph 3
Where the Member State concerned does not provide the information requested within the period fixed by the Commission or where it provides incomplete information, the Commission shall take a decision that the measures taken by the Member State in accordance with paragraph 2 are incompatible with Union law. If the Commission decides that the measures are incompatible with Union law, the Member State shall put an end to the measures in question as a matter of urgency and no longer than within two weeks.
Amendment 160 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 7
Article 3 – paragraph 7
7. Without prejudice to the Member State’s possibility of proceeding with the measures referred to in paragraph 6, the Commission shall examine the compatibility of the notified measures with Union law in the shortest possible time. Where it comes to the conclusion that the measures are incompatible with Union law, the Commission shall require the Member State concerned to refrain from taking any intended measures or urgently to put an end to those measures within shortest possible time.
Amendment 165 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 4 – point c
Article 4 – paragraph 4 – point c
(c) the Commission has decided within 2 months, after having consulted ERGA, that the measures are compatible with Union law, in particular that assessments made by the Member State taking those measures under paragraphs 2 and 3 are correctly founded.
Amendment 168 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 5 – subparagraph 1
Article 4 – paragraph 5 – subparagraph 1
The Commission shall decide within 32 months following the notification provided for in point (a) of paragraph 4. That period shall begin on the day following the receipt of a complete notification. The notification shall be considered as complete if, within 32 months from its receipt, or from the receipt of any additional information requested, the Commission does not request any further information.
Amendment 170 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Directive 2010/13/EU
Article 4 – paragraph 7 – subparagraph 1
Article 4 – paragraph 7 – subparagraph 1
Member States shall encourage co- regulation and self-regulation through codes of conduct adopted at national level in the fields coordinated by this Directive to the extent permitted by their legal systems. Those codesteps shall be such that they are broadly accepted by the main stakeholders inacting under the jurisdiction of the Member States concerned. The codes of conductsteps laid down shall clearly and unambiguously set out their objectives. They shall provide for regular, transparent and independent monitoring and evaluation of the achievement of the objectives aimed at. They shall provide for effective enforcement, including when appropriate effective and proportionate sanctions within the Member State's jurisdiction.
Amendment 181 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/13/EU
Article 6
Article 6
Member States shall ensure by appropriate and applicable means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.;
Amendment 187 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2010/13/EU
Article 7
Article 7
(10) Article 7 is deleted;replaced by the following: 'Article 7 1. Member States shall take measures to ensure that services provided by media service providers under their jurisdiction are made gradually accessible to people with a visual or hearing disability in line with their obligations under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) . 2. Member States shall require an annual report from the media service providers under their jurisdiction on the process towards increased accessibility for their services. 3. The European Commission and ERGA shall promote the exchange of best practices within the field of accessibility between different Member States and media service providers.'
Amendment 194 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Member States and the Commission shall encourage the development of self- and co-regulatory codes of conduction regarding inappropriate audiovisual commercial communications, accompanying or included in programmes with a significant children’s audience, of foods and, beverages and other products containing nutrients and substances with a nutritional or physiological effect, excessive intakes of which in the overall diet are not recommended, in particular fat, trans-fatty acids, salt or sodium and sugars.
Amendment 200 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Those codesteps should be used to effectively reduce the exposure of minors to audiovisual commercial communications of foods and, beverages and other products that are high in salt, sugars or fat or that otherwise do not fit national or international nutritional guidelines. Those codesteps should provide that the audiovisual commercial communications are not to emphasise the positive quality of the nutritional aspects of such foods and, beverages and other products.
Amendment 203 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Directive 2010/13/EU
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States and the Commission shall encourage the development of self- and co-regulatory codes of conduction regarding inappropriate audiovisual commercial communications for alcoholic beverageproducts. Those codesteps should be used to effectively limit the exposure of minors to audiovisual commercial communications for alcoholic beveragproducts, for instance prohibiting commercial communications for alcoholic products during times when children are most likely to be exposed through audiovisual media services.
Amendment 211 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/13/EU
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) they shall not directly encourage the purchase or rental of goods or services;;
Amendment 215 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 3 – point b
Article 11 – paragraph 3 – point b
(b) they shall not directly encourage the purchase or rental of goods or services;
Amendment 218 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 4 – point b a (new)
Article 11 – paragraph 4 – point b a (new)
(ba) alcoholic beverages and other alcoholic products or product placement from undertakings whose principal activity is the manufacture or sale of alcohol and other alcoholic products.
Amendment 221 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2010/13/EU
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The most harmful content, such as gratuitous violence and pornography, shall be subject to the strictest measures, such as encryption and effective parental controls, together with the measures mentioned above.;
Amendment 230 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure thatould encourage providers of on-demand audiovisual media services under their jurisdiction secure at least a 20%to provide a share of European works in their catalogue and ensure prominence of these works, provided that this do not affect the consumer negatively by altering the service provided in a way which was not agreed upon by the consumer.
Amendment 236 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States may require providers of on-demand audiovisual media services established under their jurisdiction to contribute financially to the production of European works, including via direct investment in content and contributions to national funds. Member States may require providers of on-demand audiovisual media services, targeting audiences in their territories, but established in other Member States to make such financial contributions. In this case, the financial contribution shall be based only on the revenues earned in the targeted Member States. If the Member State where the provider is established imposes a financial contribution, it shall take into account any financial contributions imposed by targeted Member States. Any financial contribution shall comply with Union law, in particular with State aid rules.
Amendment 245 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2010/13/EU
Article 20 – paragraph 2
Article 20 – paragraph 2
The transmission of films made for television (excluding series, serials and documentaries), cinematographic works and news programmes may be interrupted by television advertising and/or teleshopping once for each scheduled period of at least 230 minutes.;
Amendment 261 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 2 – point c
Article 23 – paragraph 2 – point c
(c) product placements not in conflict with provisions laid down in Article 11, paragraph 4.;
Amendment 275 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 1 – point b
Article 28a – paragraph 1 – point b
(b) protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, race, colour, religion or belief, disability, descent or national or ethnic origin.
Amendment 284 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 2 – subparagraph 1
Article 28a – paragraph 2 – subparagraph 1
What constitutes an appropriate measure for the purposes of paragraph 1 shall be determined in light of the nature of the content in question, the harm it may cause, the characteristics of the category of persons to be protected as well as the rights and legitimate interests at stake, including those of the video-sharing platform providers and the users having created and/or uploaded the content as well as the public interest. The most harmful content, such as gratuitous violence and pornography, shall be subject to the strictest measures, such as encryption and effective parental controls. Video-sharing platform providers shall give viewers sufficient information about such content, preferably using a system of descriptors indicating the nature of the content.
Amendment 291 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 2 – point b
Article 28a – paragraph 2 – point b
(b) establishing and operating easy to use mechanisms for users of video-sharing platforms to report or flag to the video- sharing platform provider concerned the content referred to in paragraph 1 stored on its platform;
Amendment 293 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 2 – point ba (new)
Article 28a – paragraph 2 – point ba (new)
(ba) the mechanism established according to point (b) shall be constituted by transparency and must inform the user of the video-sharing platform and publicly disclose the measures taken regarding the reported and/or flagged content.
Amendment 316 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 6
Article 28a – paragraph 6
6. Member States shall ensure that complaint and redress mechanisms are publicly disclosed and available for the settlement of disputes between users and video-sharing platform providers relating to the application of the appropriate measures referred to in paragraphs 1 and 2.
Amendment 324 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 8
Article 28a – paragraph 8
8. Video-sharing platform providers or, where applicable, the organisations representing those providers in this respect shall submit to the Commission draft Union codes of conduct and amendments to existing Union codes of conduct. The Commission may request ERGA to give an opinion on the drafts, amendments or extensions of those codes of conduct. The Commission mayshall give appropriate publicity to those codes of conduct.
Amendment 48 #
2016/0149(COD)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114, Article 169(1) and Article 169(2), point (a) thereof,
Amendment 49 #
2016/0149(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The tariffs applicable to low volume senders of cross-border parcels and other postal items, particularly small and medium-sized enterprises and individuals, are still relatively high. This has a direct negative impact on users seeking cross- border parcel delivery services, especially in the context of e-commerce. In addition, users report quality of service issues when sending, receiving or returning cross- border parcels and consistent technical standards in this field are in need of improvement, including in relation to environmental considerations.
Amendment 56 #
2016/0149(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The market for cross-border parcel delivery services is diverse and complex, with different providers offering different services and prices depending on weight, size and format of the items sent as well as destination, added value features, such as traceability solutions, and the number of items sent. In most Member States, universal service providers do not have a majority share of the parcel delivery market. That diversity makes parcel delivery services hard to compare between different providers, both in terms of quality and price. Furthermore, low volume senders, such as small and medium-sized enterprises and individuals are often not aware of the existence of different parcel delivery services offered.
Amendment 59 #
2016/0149(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to improve the affordability of cross-border parcel delivery services, especially for users in remote or sparsely populated areas, it is necessary to improve the transparency of public lists of tariffstariffs and terminal rates, for a limited set of cross-border parcel delivery services offered by universaparcel service providers, which are mostly used by small and medium- sized enterprises and individuals. Transparency of public lists is also necessary to address the issue of high tariffs of cross-border delivery services and to reduce, where applicable, unjustified tariff differences between nationaldomestic and cross-border parcel delivery services.
Amendment 64 #
2016/0149(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 71 #
2016/0149(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Currently, postal services are regulated by Directive 97/67/EC of the European Parliament and of the Council49 . Thisat Directive establishes common rules governing the provision of postal services and the universal postal service in the Union. It focuses primarily, but not exclusively, on national universal services and does not address regulatory oversight of parcel delivery service providers, transparency of tariffs and terminal rates for certain cross-border parcel delivery services, the assessment of the affordability of tariffs for certain cross- border parcel delivery services and transparent and non-discriminatory access to certain cross-border parcel delivery services and/or infrastructure. This Regulation therefore complements, insofar as cross-border parcel delivery services are concerned, the rules set out in Directive 97/67/ECThis Regulation therefore complements, insofar as cross-border parcel delivery services are concerned, the rules set out in Directive 97/67/EC. However, the provisions of this Regulation are without prejudice to the rights and guarantees set out in that Directive including in particular the continued provision of a universal postal service to users. _________________ 49 Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service (OJ L 1, 21.1.1998, p 14 - 25).
Amendment 74 #
2016/0149(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Therefore, it is important to provide a clear definition of parcels and parcel delivery services and to specify which postal items are covered by that definition. This concerns in particular postal items, other than items of correspondence, which because of their weight are commonly used for sending goods and merchandise. This Regulation should therefore cover, in line with consistent practice, postal items weighing up to 31.5 kg, as heavier items cannot be handled by a single average individual without mechanical aids. In line with current practice and Directive 97/67/EC, each step in the postal chain, i.e. clearance, sorting and delivery should be considered parcel delivery services. THowever, established freight or transport alone that is not undertaken in conjunction with one of those steps should fall outside the scope of parcel delivery services as it can in this case be assumed that this activity is part of the transport sectorgistics providers, in contrast with individual independent subcontractors of the parcel delivery service provider, should not be covered by the scope of this Regulation.
Amendment 79 #
2016/0149(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Terminal rates are based on multilateral and bilateral agreements between unparcel deliversaly service providers and ensure that the destination unparcel deliversaly service provider is remunerated for the costs of the service provided to the originating unparcel deliversaly service provider. Terminal rates should be defined in such a way that it includes both terminal dues, as defined in point 15 of Article 2 of Directive 97/67/EC that are applied for letter mail items and inward land rates that are applied to parcels.
Amendment 82 #
2016/0149(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) It is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market. However, in order to limit the administrative burden for small parcel delivery service providers who are only active on a national or regional market, a threshold should be applied, based on the number of persons working for the service provider and involved in the provision of parcel delivery services, but also allowing for the proper inclusion in the threshold of those working in the sector other than on a full-time, permanent basis.
Amendment 84 #
2016/0149(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) When providing information to the national regulatory authority, it should be taken into account that parcel delivery service providers may have already provided certain information to the same national regulatory authority. Parcel delivery services are important for small and medium-sized enterprises and individuals and they should be able to compare easily between different providers. Therefore, the services for which tariffs should be provided by unparcel deliversaly service providers should be clearly defined. Those tariffs should be published by the Commission on a dedicated webpage and should, together with the confidential regular provision of the underlying terminal rates, constitute the basis for the national regulatory authorities to assess the affordability of tariffs for cross-border parcel delivery services. Parcel delivery service providers other than universal service providers may voluntarily provide, in a comparable form, their national regulatory authority with the tariffs for the same items provided that such items are delivered at the home or the premises of the addressee.
Amendment 90 #
2016/0149(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) When national regulatory authorities annually assess the affordability of tariffs, they should base themselves on objective criteria, such as the domestic tariffs of the originating universal service providers and the destination universal service providers and the level of terminal rates. Those common criteria may be complemented by other criteria of particular relevance for explaining the tariffs in question, such as specific transportation or handling costs and bilateral volumes between different cross- border parcel delivery service providersparticularly take into account individual and small and medium-sized enterprise users living or situated in remote or sparsely populated areas, as well as such users that regularly use parcel delivery services and individual users with little disposable income.
Amendment 92 #
2016/0149(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 95 #
2016/0149(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Significant differences between domestic and cross-border tariffs for parcel delivery services should be justified by objective criteria, such as additional costs for transport and a reasonable profit margin. Universal service providers providing parcel delivery services should be required to provide such justification without delay.
Amendment 104 #
2016/0149(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) UnParcel deliversaly service providers providing parcel delivery services may conclude multilateral and bilateral agreements on terminal rates and may set up other programmes to facilitate the interconnectivity of their delivery networks. For reasons of non- discrimination, competing parcel delivery service providers shall be granted equal access to the terminal rates applicable between parIt is important that any practices under multilateral agreements. It may be justified that terminal rates payable by third-party parcel delivery service providers, in some cases, exceed those payable by universal service providers that are parties to such agreements. This may be the case where the parties to a mulin this respect that may be in breach of EU competition law principles and the provisions of Directive 97/67/EC are properly investilgateral agreement on terminal rates are able to demonstrate that the cost of setting up, operating and administering the agreement, the extra cost incurred by accepting and handling items from non-designated parcel delivery service providers and other such costs are not covered by the terminal rates payable by the third-party service provider in the originating Member Stated and addressed by Member States, national regulatory authorities and by the European Commission in a timely and effective manner.
Amendment 106 #
2016/0149(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 109 #
2016/0149(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) As markets for parcel delivery services are changing fast, the Commission should re-assess the efficiency and effectiveness of this Regulation and submit a regular report to the European Parliament and the Council. That report should be accompanied, where appropriate, by legislative proposals for review to the European Parliament and the Council. That report should be produced following consultation with all appropriate stakeholders including the social dialogue committee for the postal sector.
Amendment 112 #
2016/0149(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure uniform conditions for the implementation of the obligation for parcel delivery providers to submit information to national regulatory authorities, implementingdelegated powers should be conferred on the Commission to establish a form for the submission of such information. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council50 . _________________ 50 Regulation (EU) 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13 - 18).
Amendment 117 #
2016/0149(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Since the objectives of this Regulation, namely to establish the regulatory principles and rules necessary to improve regulatory oversight, to improve transparency of prices and establish certain principles as regardsfoster better user accessibilty to efficient and affordable cross-border parcel delivery services that should support competition, cannot be sufficiently achieved by the Member States and can therefore, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 120 #
2016/0149(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
Amendment 124 #
2016/0149(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
Amendment 128 #
2016/0149(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(c a) information and price transparency for users of cross-border parcel delivery services;
Amendment 129 #
2016/0149(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c b (new)
Article 1 – paragraph 1 – point c b (new)
(c b) promotion of further harmonisation of relevant quality of service and technical standards.
Amendment 131 #
2016/0149(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1 a Member States may adopt or maintain in force more stringent provisions than those laid down in this Regulation for the benefit of users and where such provisions foster better user accessibility to efficient and affordable cross-border parcel delivery services.
Amendment 137 #
2016/0149(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point -a (new)
Article 2 – paragraph 2 – point -a (new)
(-a) "parcel" means a postal item with a weight not exceeding 31,5 kg; an item of correspondence alone shall not be considered a parcel;
Amendment 139 #
2016/0149(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) "parcel delivery services" means services involving the clearance, sorting, transport or distribution of postal items other than items of correspondence; transport alone shall not be considered a parcel delivery service; delivery of such items exceeding 31,5 kg shall not be considered a parcel delivery servicearcels;
Amendment 144 #
2016/0149(COD)
(b a) "subcontractor" means an undertaking that provides the clearance, sorting, transport or distribution of parcels for the parcel delivery service provider;
Amendment 149 #
2016/0149(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) "terminal rates" means payments from the originating unparcel deliversaly service provider to the destination unparcel deliversaly service provider and/or intermediaries where applicable for the costs of cross- border parcel delivery services in the destination Member State.;
Amendment 151 #
2016/0149(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c a (new)
Article 2 – paragraph 2 – point c a (new)
(c a) "trader" means any natural person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession in relation to parcel delivery services covered by this Regulation.
Amendment 160 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) the name of the parcel delivery service provider, its legal status and form, registration number in a trade or similar register, VAT identification number, the address of the establishment and a contact person;
Amendment 161 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) the nature of the services offered by the providerdetailed description of the parcel delivery services offered by the parcel delivery services provider, including precise information on options for users;
Amendment 165 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) the parcel delivery service provider's general terms and conditions of salefor parcel delivery services, including a detailed description of the complaints procedure for users.
Amendment 167 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. In case of any change concerning information referred to in the first subparagraph of this Article, parcel delivery service providers shall inform the national regulatory authority of this change within 30 days.
Amendment 172 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. By 31 March0 April of each calendar year, all parcel delivery service providers shall submit the following information to the national regulatory authority of the Member State in which they are established:
Amendment 176 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) the annual turnover in parcel delivery services for the previous calendar year in the Member State in which the parcel delivery service provider is established, broken down in parcel delivery services relating to nationaldomestic, incoming and outgoing cross- border postal items;
Amendment 177 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) the number of persons working for theboth directly and indirectly for the parcel delivery services provider and involved in the provision of parcel delivery services in the Member State in which the provider is established inover the previous calendar year; this information shall include quarterly breakdowns by reference to employment status, including whether full-time, part-time, temporary, on a non- guaranteed hours basis or self-employed and shall also cover persons working for subcontractors or companies to which the parcel delivery services provider outsources clearance, sorting, transport or distribution of parcels.
Amendment 186 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) the number of postal items other than items of correspondence and not exceeding 31,5 kg handledarcels handled over the previous calendar year in the Member State in which the provider is established in tharcels delivery service preovious calendar yearder is established, broken down into nationaldomestic, incoming and outgoing cross- border postal items.
Amendment 192 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Commission shall, by means of an implementing act, establish a form for the submission of the information referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 9adopt delegated acts in accordance with Article 9a in order to supplement this Regulation by laying down a form for the submission of the information referred to in paragraph 1 of this Article.
Amendment 195 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The national regulatory authorities may impose information requirements additional to those referred to in paragraphs 1 and 2 where3 provided that they are necessary and proportionate to ensure conformity with this Regulation.
Amendment 198 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. AThis Article shall not apply to any parcel delivery service provider which employs few, together with an 50 persons shall not be subject to the obligaty subsidiaries and linked undertakings, employs, on average over the previonus ucalendear paragraph 1 year, fewer thand 20 persons, unless that provider is established in more than one Member State. The average number of persons shall include all those working on a full-time, part- time, temporary, non-guaranteed hours and self-employed basis
Amendment 212 #
2016/0149(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. UnAll cross-border parcel deliversaly service providers providing parcel delivery servicesfalling within the scope of Article 3 shall provide the national regulatory authority of the Member State in which they are established with the public list of tariffs applicable on 1 January of each calendar year for the delivery of postal items falling within the categories listed in the Annex. That information shall be provided by 31 Jan28 February of each calendar year at the latest.
Amendment 214 #
2016/0149(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The national regulatory authorities shall without delay and by 28 February31 March of each calendar year at the latest submit the public lists of tariffs obtained in accordance with paragraph 1 to the Commission. The Commission shall publish them on a dedicated website by 30 April of each calendar year at the latest.
Amendment 221 #
2016/0149(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. UnAll cross-border parcel deliversaly service providers providing parcel delivery servicesfalling within the scope of Article 3 shall provide the national regulatory authority with the terminal rates applicable on 1 January of each calendar year to postal items originating from other Member States. That information shall be provided by 31 Jan28 February of each calendar year at the latest.
Amendment 227 #
2016/0149(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The national regulatory authorities shall submit the terminal rates obtained in accordance with paragraph 3 to the Commission and the national regulatory authorities of the originating Member States by 28 of February31 March of each calendar year at the latest.
Amendment 232 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The national regulatory authority shall initially assess the affordability of cross- border tariffs included in the public lists of tariffs obtained in accordance with Article 4(1) within 3 months of receipt of that information. InThe purpose of that assessment, in particular the following elements shall be taken into account:s to assess whether the cost to individuals and small and medium sized enterprises is affordable and to what extent the uptake of cross-border parcel delivery services is affected by delivery prices.
Amendment 240 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 245 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 251 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 256 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where the national regulatory authority concludes that cross-border tariffs referred to in paragraph 1 are not affordable, itIn carrying out that assessment, in particular the likely impact on the following shall be taken into account: (a) individual users with little disposable income; (b) individual and shmall request further necessary information and/or justification in relation to the level of those tariffs from the universal service providerand medium- sized enterprise users living or situated in remote or sparsely populated areas; (c) individual and small and medium- sized enterprise users that regularly use parcel delivery services.
Amendment 259 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The universal service provider shall provide the national regulatory authority with the information and/or justification referred to in paragraph 2 within 15 working days of receipt of the requestFollowing the assessment referred to in paragraph 1, the national regulatory authority may request from the parcel delivery service provider evidence such as a justification containing any relevant information in relation to the level of those tariffs such as the specific transportation or handling costs and bilateral volumes between different cross- border parcel delivery service providers.
Amendment 262 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The national regulatory authority shall submit its assessment, including any information and/or justification provided in accordance with paragraph 3, to the Commission, the national regulatory authorities of the other Member States and the national authorities within the Member State of the submitting national regulatory authority entrusted with the implementation of competition law. A non-confidential version of that assessment shall also be provided to the Commission. That information shall be provided by 31 March of each calendar year at the latparcel delivery service provider shall provide the national regulatory authority with the justification referred to in paragraph 3 within one month of receipt of the request.
Amendment 266 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The Commissionnational regulatory authority shall psublish the non-confidential version of the assessment provided by the national regulatory authorities in accordance with paragraph 4 on the dedicated website by 30 April of each calendar year at the latesmit its further assessment, including any justification provided in accordance with paragraph 3 to the Commission. In addition, the national regulatory authority shall provide a non- confidential version of its assessment to the Commission. The information required by this paragraph shall be provided by 31 July of the relevant calendar year at the latest, and the Commission shall publish the non- confidential version of the assessment provided by the national regulatory authorities without delay and in any event within one month of receipt.
Amendment 272 #
2016/0149(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 285 #
2016/0149(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Provision of information to users by traders All traders concluding sales contracts with users that include the sending of cross-border parcels shall make available to users at the pre-contractual stage the following information, online or by other accessible means: (a) prices charged by them to users for cross-border parcel delivery including any relevant alternative or discounted rates or breakdown of charges; (b) cross-border delivery options offered, including track and trace, and mechanisms allowing the user to intervene throughout the delivery process, including regarding returns and to arrange redelivery or collection times or locations where applicable; (c) details of their own and relevant parcel service provider complaints processes and of the European Consumer Centre network for cross-border complaints.
Amendment 287 #
2016/0149(COD)
Proposal for a regulation
Article 6 b (new)
Article 6 b (new)
Article 6 b Harmonisation of quality of service and technical standards The harmonisation of quality of service and technical standards for cross-border parcel deliveries shall be prioritised further in accordance with the provisions of Directive 97/67/EC, through the European Committee for Standardisation and otherwise, taking into account in particular the interests of users, and efficiency and environmental considerations.
Amendment 288 #
2016/0149(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Before XX/XX/2019, and thereafter every fourthree years, the Commission shall submit to the European Parliament, the Council and the Economic and Social Committee an evaluation report on the application of this Regulation accompanied where appropriate by a legislative proposal for its review. The report shall be produced following consultation with all appropriate stakeholders, including the Social Dialogue Committee for the postal sector.
Amendment 291 #
2016/0149(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) whether the efficiency and affordability of cross- border parcel delivery services has improved, including for users located in remote or sparsely populated areas;
Amendment 292 #
2016/0149(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
Amendment 294 #
2016/0149(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b a (new)
Article 8 – paragraph 2 – point b a (new)
(b a) the impact on cross-border parcel delivery levels and prices, including data on delivery fees charged to both traders and users;
Amendment 295 #
2016/0149(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b b (new)
Article 8 – paragraph 2 – point b b (new)
(b b) progress on quality of service and technical standard development on cross- border parcel deliveries.
Amendment 296 #
2016/0149(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
Amendment 297 #
2016/0149(COD)
Proposal for a regulation
Article 9
Article 9
Amendment 298 #
2016/0149(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9 a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 3(4) shall be conferred on the Commission for a period of five years from ... *. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 3(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 3(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of four months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. * OJ: please insert the date of entry into force of this Regulation.
Amendment 93 #
2016/0084(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The conditions for making fertilisers available on the internal market have been partially harmonised through Regulation (EC) No 2003/2003 of the European Parliament and of the Council15 , which almost exclusively covers fertilisers from mined or chemically produced, inorganic materials. There is also a need to make use of recycled or organic materials for fertilising purposes. Harmonised conditions for making fertilisers made from such recycled or organic materials available on the entire internal market should be established in order to provide an important incentive for their further use. Promoting increased use of recycled nutrients would further aid in the development of the circular economy and allow a more resource-efficient general use of nutrients, while lowering EU dependency on nutrients from third countries. The scope of the harmonisation should therefore be extended in order to include recycled and organic materials. _________________ 15 Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers (OJ L 304, 21.11.2003, p. 1).
Amendment 95 #
2016/0084(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The conditions for making fertilisers available on the internal market have been partially harmonised through Regulation (EC) No 2003/2003 of the European Parliament and of the Council15 , which almost exclusively covers fertilisers from mined or chemically produced, minorganiceral materials. There is also a need to make use of recycled or organic materials for fertilising purposes. Harmonised conditions for making fertilisers made from such recycled or organic materials available on the entire internal market should be established in order to provide an important incentive for their further use. The scope of the harmonisation should therefore be extended in order to include recycled and organic materials. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) _________________ 15 Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers (OJ L 304, 21.11.2003, p. 1).
Amendment 97 #
2016/0084(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) To ensure effective use of animal manure and on-farm compost, farmers should use those products which follow the spirit of "responsible agriculture", favouring local distribution channels, good agronomic and environmental practice and in compliance with the EU environmental legislation, such as Nitrate Directive or Water Framework directive. The preferential use of fertilisers produced on-site and in neighbouring agricultural undertakings should be encouraged.
Amendment 109 #
2016/0084(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Products complying with all the requirements of this Regulation should be allowed to move freely on the internal market. Where one or more of the component materials in a CE marked fertilising product falls within the scope of Regulation (EC) No 1069/2009 of the European Parliament and of the Council18 , but reaches a point in the manufacturing chain beyond which it no longer poses any significant risk to public or animal health (the 'end point in the manufacturing chain'), it would represent an unnecessary administrative burden to continue subjecting the product to the provisions of that Regulation. Such fertilising products should therefore be excluded from the requirements of that Regulation. Regulation (EC) No 1069/2009 should therefore be amended accordingly. _________________ 18 Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ L 300, 14.11.2009, p. 1).
Amendment 113 #
2016/0084(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) For certain recovered wastes, such as biochar and ash-based products within the meaning of Directive 2008/98/EC of the European Parliament and of the Council20 , a market demand for their use as fertilising products has been identified. Furthermore, certain requirements are necessary for the waste used as input in the recovery operation and for the treatment processes and techniques, as well as for fertilising products resulting from the recovery operation, in order to ensure that the use of those products does not lead to overall adverse environmental or human health impacts. For CE marked fertilising products, those requirements should be laid down in this Regulation. Therefore, as of the moment of compliance with all the requirements of this Regulation, such products should cease to be regarded as waste within the meaning of Directive 2008/98/EC. _________________ 20 Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 123 #
2016/0084(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Certain substances, mixtures and micro-organisms, commonly referred to as plant biostimulants, are not as such inputs of nutrients, but nevertheless stimulate plants' natural nutrition processes. Where such products aim solely at improving the plants' nutrient use efficiency, tolerance to abiotic stress, or crop quality traits, they are by nature more similar to fertilising products than to most categories of plant protection products. Therefore, they act in addition to fertilisers, with the aim of optimizing their efficiency and reducing the volumes of use. Such products should therefore be eligible for CE marking under this Regulation and excluded from the scope of Regulation (EC) No 1107/2009 of the European Parliament and of the Council21 . Regulation (EC) No 1107/2009 should therefore be amended accordingly. _________________ 21 Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).
Amendment 126 #
2016/0084(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Products with one or more functions, one of which is covered by the scope of Regulation (EC) No 1107/2009, should remain under the control tailored for such products and provided for by that Regulation. Where such products also have the function or the action of a fertilising product, it would be misleading to provide for their CE marking under this Regulation, since the making available on the market of a plant protection product is contingent on a product authorisation valid in the Member State in question. Therefore, such products should be excluded from the scope of this Regulation.
Amendment 128 #
2016/0084(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) This Regulation should not prevent the application of existing Union legislation relating to aspects of protection of health, safety and the environment not covered by this Regulation. This Regulation should therefore apply without prejudice to Council Directive 86/278/EEC22 , Council Directive 89/391/EEC23 , Regulation (EC) No 1907/2006 of the European Parliament and of the Council24 , Regulation (EC) No 1272/2008 of the European Parliament and of the Council25 , Commission Regulation (EC) No 1881/200626 , Council Directive 2000/29/EC27 , Regulation (EU) No 98/2013 of the European Parliament and of the Council28 , and Regulation (EU) No 1143/2014 of the European Parliament and of the Council29 .and Council Directive 91/676/EEC29a _________________ 22 Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture (OJ L 181, 4.7.1986, p. 6). 23 Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1). 24 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (OJ L 396, 30.12.2006, p. 1). 25 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (OJ L 353, 31.12.2008, p. 1). 26 Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (OJ L 364, 20.12.2006, p. 5). 27 Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, p. 1). 28 Regulation (EU) No 98/2013 of the European Parliament and of the Council of 15 January 2013 on the marketing and use of explosives precursors (OJ L 39, 9.2.2013, p. 1). 29 Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species (OJ L 317, 4.11.2014, p. 35). 29a Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, p.1).
Amendment 134 #
2016/0084(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) A blendcombination of different CE marked fertilising products, each of which has been subject to a successful assessment of conformity with the applicable requirements for that material, can itself be expected to be suitable for use as a CE marked fertilising product, subject only to certain additional requirements warranted by the blendmixing. Therefore, in order to avoid an unnecessary administrative burden, such blendcombinations should belong to a separate category, for which the conformity assessment should be limited to the additional requirements warranted by the blendmixing.
Amendment 147 #
2016/0084(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) CE-marked fertilising products should be placed on the market only if they are sufficiently effective and do not present unacceptable risks to human, animal or plant health, to safety or to the environment when properly stored and used for their intended purpose, and under conditions of use which can be reasonably foreseen, that is when such use could result from lawful and readily predictable human behaviour. Therefore, requirements for safety and quality, as well as appropriate control mechanisms, should be established. Furthermore, the intended use of CE marked fertilising products should not lead to food or feed becoming unsafe.
Amendment 148 #
2016/0084(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) The existing system should be supplemented by a procedure under which all interested parties, including health and consumers stakeholders, are informed of measures intended to be taken with regard to CE marked fertilising products presenting an unacceptable risk to human, animal or plant health, to safety or to the environment. It should also allow market surveillance authorities, in cooperation with the relevant economic operators, to act at an early stage in respect of such fertilising products.
Amendment 150 #
2016/0084(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) Promising technical progress is being made in the field of recycling of waste, such as phosphorus recycling from sewage sludge, andsuch as struvite, fertilising product production from animal by- products, such as biochar, and phosphorus recovery after incineration, such as ash- based products. It should be possible for products containing or consisting of such materials to access the internal market without unnecessary delay when the manufacturing processes have been scientifically analysed and process requirements have been established at Union level. For that purpose, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of defining larger or additional categories of CE marked fertilising products or component materials eligible for use in the production of such products. For animal by-products, component material categories should be expanded or added only to the extent an end point in the manufacturing chain has been determined in accordance with the procedures laid down in Regulation (EC) No 1069/2009, since animal by-products for which no such end point has been determined are in any event excluded from the scope of this Regulation.
Amendment 157 #
2016/0084(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
(ba) Directive 91/676/EEC
Amendment 159 #
2016/0084(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b b (new)
Article 1 – paragraph 2 – point b b (new)
(bb) Directive 2000/60/EC
Amendment 161 #
2016/0084(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c a (new)
Article 1 – paragraph 2 – point c a (new)
(ca) Regulation (EC) No 834/2007
Amendment 166 #
2016/0084(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘fertilising product’ means a substance, mixture, micro-organism or any other material, applied or intended to be applied, either on its own or mixed with another material, on plants or their rhizosphere or on fungi or their mycosphere for the purpose of providing plants or fungi with nutrient or improving their nutrition efficiency;
Amendment 193 #
2016/0084(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
When deemed appropriate with regard to the performance of, or the risks presented by, a CE marked fertilising product, manufacturers shall carry out sample testing of such fertilising products made available on the market, investigate, and, if necessary, keep a register of complaints, of non- conforming CE marked fertilising products and recalls of such products, and shall keep distributors and market surveillance authorities informed of any such monitoring.
Amendment 201 #
2016/0084(COD)
Proposal for a regulation
Article 6 – paragraph 8 – subparagraph 1
Article 6 – paragraph 8 – subparagraph 1
Manufacturers who consider or have reason to believe that a CE marked fertilising product which they have placed on the market is not in conformity with this Regulation shall immediately take the corrective measures necessary, including the repair of the damage caused by the use, to bring that fertilising product into conformity, to withdraw it or to recall it, if appropriate.
Amendment 226 #
2016/0084(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. When deemed appropriate with regard to the performance of or the risks presented by a CE marked fertilising product, importers shall carry out sample testing of such fertilising products made available on the market, investigate, and, if necessary, keep a register of complaints, of non- conforming CE marked fertilising products and recalls of such products, and shall keep distributors informed of any such monitoring.
Amendment 230 #
2016/0084(COD)
Proposal for a regulation
Article 8 – paragraph 7 – subparagraph 2
Article 8 – paragraph 7 – subparagraph 2
Furthermore, where importers consider or have reason to believe that CE marked fertilising products which they have placed on the market present a risk to human, or an unacceptable risk to human, animal or plant health, to safety or to the environment, they shall immediately inform the competent national authorities of the Member States in which they made the fertilising product available on the market to that effect, giving details, in particular, of any non- compliance and of any corrective measures taken.
Amendment 243 #
2016/0084(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
Furthermore, where distributors consider or have reason to believe that CE marked fertilising products which they have made available on the market presents a risk to human, or an unacceptable risk to human, animal or plant health, to safety or to the environment, they shall immediately inform the competent national authorities of the Member States in which they made the CE marked fertilising product available on the market to that effect, giving details, in particular, of any non-compliance and of any corrective measures taken.
Amendment 259 #
2016/0084(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
A CE marked fertiliszing product based on waste that has undergone a recovery operation and complies with the requirements laid down in this Regulation shall be considered to comply with the conditions laid down in Article 6(1) of Directive 2008/98/EC and shall, therefore, be considered as having ceased to be waste, once the declaration of conformity has been elaborated.
Amendment 260 #
2016/0084(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The notifying Member Stateauthorities shall provide the Commission, on request, with all information relating to the basis for the notification or the maintenance of the competence of the notified body concerned.
Amendment 265 #
2016/0084(COD)
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1
Article 37 – paragraph 1 – subparagraph 1
Where the market surveillance authorities of one Member State have sufficient reason to believe that a CE marked fertilising product presents a risk to human, and an unacceptable risk to human,for animal or plant health, to safety or to the environment, they shall carry out an evaluation in relation to the fertilising product concerned covering the requirements laid down in this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance authorities for that purpose.
Amendment 275 #
2016/0084(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Where, having carried out an evaluation under Article 37(1), a Member State finds that although a CE marked fertilising product is in compliance with this Regulation it presents a risk to human, an unacceptable risk to human, animal or plant health, to safety or to the environment, it shall require the relevant economic operator to take all appropriate measures within a reasonable period to ensure that the fertilising product concerned, when placed on the market, no longer presents that risk, to withdraw the fertilising product from the market or to recall it.
Amendment 286 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 43 to amend Annex I, Part I and Annexes II to IV for the purposes of adapting them to technical progress and facilitating internal market access and free movement for CE marked fertilising products
Amendment 299 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 2 – point a
Article 42 – paragraph 2 – point a
(a) name of the micro-organism by strain level;
Amendment 311 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. The Commission shall also be empowered to adopt delegated acts in accordance with Article 43 to amend Annex I, Part I and Annexes II to IV in the light of new scientific evidence. The Commission shall use this empowerment where, based on a risk assessment, an amendment proves necessary to ensure that any CE marked fertilising product complying with the requirements of this Regulation does not, under normal conditions of use, present an unacceptable risk to human, animal, or plant health, to safety or to the environment.
Amendment 314 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 4 a (new)
Article 42 – paragraph 4 a (new)
4a. The Commission shall review Annex I Part II ten years after the entry into force of this Regulation or in the event that new relevant scientific information becomes available as regards the toxicity and carcinogenicity of relevant contaminants or with regard to any new technological progress and innovation in the field of production and use of fertilising products.
Amendment 319 #
2016/0084(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
Regulation (EC) 1107/2009
Article 3 – point 34
Article 3 – point 34
(3) "34. "plant biostimulant" means a productny microorganism or naturally occurring substance stimulating plant nutrition processes independently of the product's nutrient content, or any combination of such substances and/or microorganisms, with the sole aim of improving one or more of the following characteristics of the plant:
Amendment 322 #
2016/0084(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
Regulation (EC) 1107/2009
Article 3 – point 34 – point b
Article 3 – point 34 – point b
(b) tolerance to abiotic or biotic stress;
Amendment 323 #
2016/0084(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point 2
Article 46 – paragraph 1 – point 2
Regulation (EC) 1107/2009
Article 3 – point 34 – point c
Article 3 – point 34 – point c
(c) crop quality traits and ecosystem services related.
Amendment 327 #
2016/0084(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point 2 (new)
Article 46 – paragraph 1 – point 2 (new)
Regulation (EC) 1107/2009
Article 3 – point 34 – point c a (new)
Article 3 – point 34 – point c a (new)
(ca) degradation of organic compounds in the soil
Amendment 341 #
2016/0084(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
It shall apply from 1 January 2018.[one year after the date of entry into force of this regulation]
Amendment 129 #
2016/0070(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) The Member States and the Commission should continue to tackle undeclared work in the EU. The Member States are urged to carry out the cross- border cooperation in the European platform against undeclared work.
Amendment 220 #
2016/0014(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation lays down the substantive technical and administrative type-approval requirements for motor vehicles of categories M and N and their trailers (category O), and for the systems, components and separate technical units intended for such vehicles with a view to ensuring an adequate high level of safety and environmental performance. These categories cover motor vehicles for the carriage of passengers, motor vehicles for the carriage of goods, and their trailers, respectively.
Amendment 221 #
2016/0014(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should strengthen the current type-approval framework, in particular through the introduction of provisions on market surveillance covering the lifetime of the vehicles, systems, components and separate technical units concerned. Market surveillance in the automotive sector should be introduced by specifying the obligations of the economic operators in the supply chain, the responsibilitietasks of the enforcement authorities in the Member States, and the measures to be taken when automotive products are encountered on the market that represent seriousany kind of safety or environmental risks or that do not comply with the type-approval requirements, and by establishing a European Agency for Market Surveillance of Road Transport.
Amendment 225 #
2016/0014(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) For the purposes of compliance with this Regulation, regard should be had to the provisions of Directive 2014/45 of the European Parliament and of the Council1a . __________________ 1aDirective 2014/45 of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (OJ L 127, 29.4.2014, p. 51).
Amendment 226 #
2016/0014(COD)
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
(8b) The European Agency for Market Surveillance of Road Transport will deploy independent and harmonised market surveillance activities, including checks of the conformity of production and the in service conformity. It shall coordinate and impose corrective and restrictive measures if tested or inspected vehicles, systems, components or technical units do not comply with the type-approval requirements laid down in this Regulation or any of the regulatory acts listed in Annex IV. Besides market surveillance, the agency shall perform audits on National Type Approval Authorities and keep under review the type approval process.
Amendment 236 #
2016/0014(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Designation and monitoring of technical services by the Member States, in accordance with detailed and strict criteria, should therefore be subject to supervisory controls at Union level by the Agency, including independent audits as a condition for the renewal of their notification after five years. The position of technical services vis-à-vis manufacturers should be strengthened, including their right and duty to carry out unannounced factory inspections and to conduct physical or laboratory tests on products covered by this Regulation, in order to ensure continuous compliance by manufacturers after they have obtained a type-approval for their products.
Amendment 241 #
2016/0014(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to increase transparency and mutual trust and to further align and develop the criteria for the assessment, designation, and notification of technical services, as well as extension and renewal procedures, Member States should cooperate with each other and with the CommissionAgency. They should consult each other and the CommissionAgency on questions with general relevance for the implementation of this Regulation and inform each other and the CommissionAgency on their model assessment checklist.
Amendment 249 #
2016/0014(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) When, in spite of the measures taken to ensure a coherent application and follow up of the requirements by the Member States, the competence of a technical service is in doubt, the CommissionAgency should have the possibility to investigate individual cases.
Amendment 256 #
2016/0014(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) The national fees regarding market surveillance activities carried out by the Agency in accordance with Article 5b should be levied by the Member States on the manufacturers based on the number of vehicles sold on the territory of a given Member State in a given year.
Amendment 257 #
2016/0014(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) A robust compliance enforcement mechanism is necessary in order to ensure that the requirements under this Regulation are met. Ensuring compliance with the type-approval and conformity of production requirements of the legislation governing the automotive sector should remain the key responsibility of the approval authorities, as it is an obligation closely linked to the issuing of the type- approval and requires detailed knowledge of its contentAgency. It is therefore important that the performance of approval authorities is regularly verified by means of peer- reviewsaudits by the Agency, to ensure that a uniform level of quality and stringency is applied by all approval authorities in enforcing the type- approval requirements. Moreover, it is important to provide for the verification of the correctness of the type approval itself.
Amendment 260 #
2016/0014(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Closer coordination between national authorities through information exchange and coordinated assessments under the direction of a coordinating authoritthe Agency is fundamental for ensuring a consistently high level of safety and health and environmental protection within the internal market. This should also lead to more efficient use of scarce resources at national level. For this purpose a Forum should be established for Member States and the CommissionAgency to exchange information on and to coordinate their activities related to the enforcement of type-approval legislation. The currently informal cooperation between Member States in this respect would benefit from a more formal framework.
Amendment 263 #
2016/0014(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The rules on Union market surveillance and control of products entering the Union market provided for in Regulation (EC) No 765/2008 apply to motor vehicles and their trailers, and to systems, components and separate technical units intended for such vehicles without preventing Member States from choosing the competent authorities to carry out those tasks. Market surveillance may be a competence shared between different national authorities to take account of the national market surveillance systems in the Member States established under Regulation (EC) No 765/2008. Effective coordination and monitoring at Union and national levels should guarantee that approval and market surveillance authorities enforce the new type-approval and market surveillance framework.
Amendment 268 #
2016/0014(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) It is necessary to include rules on market surveillance in this Regulation in order to reinforceestablish the Agency and to clarify the rights and obligations of the national competent authorities, to ensure effective coordinand clear distribution of tasks and obligations of theirnational market surveillance activitiesuthorities and the Agency and to clarify the applicable procedures.
Amendment 274 #
2016/0014(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to increase transparency in the approval process and facilitate the exchange of information and the independent verification by market surveillance authorities, approval authorities and the Commissionthe Agency, approval authorities and where applicable the market surveillance authorities, type approval documentation should be provided in electronic format and be made publicly available, subject to exemptions due to protection of commercial interests and the protection of personal data.
Amendment 277 #
2016/0014(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The obligatioIns of national authorities concerning market surveillance provided in this Regulation are more specific thanar as the provisions of this Regulation conflict with those laid down in Article 19 of Regulation (EC) No 765/2008 to take account of the specificities of the type-approval framework and the need to complemallocation of tasks and obligations betweent that framework with an effective market surveillance mechanism ensuring a robust ex-post verification of compliance of the products covered bye Agency and national market surveillance authorities, the provisions of this Regulation shall prevail.
Amendment 280 #
2016/0014(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 286 #
2016/0014(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In addition, the CommissionThe Agency should organise and carry out or require to carry out ex-post compliance verification tests and inspections, independent from those carried out by Member States under their national market surveillance obligations. When non- compliance is established by those tests and inspections, or where it is found that a type approval has been granted on the basis of incorrect data the Commission should be entitled to initiate Union-wide remedial actions to restore the conformity of the vehicles concerned and together with the Agency investigate the reasons for the incorrectness of the type approval. Appropriate funding should be ensured in the general budget of the Union to enable the execution of such compliance verification testing and inspections. In view of the budgetary constraints of the Multiannual Financial Framework 2014- 2020 the implementation of the legislative proposal will have to be built on existing resources and to be designed in such a manner that they do not generate additional financial resources. The Commission should be entitled to impose administrative fines where non-compliance is established.
Amendment 294 #
2016/0014(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) In order to ensure and continually improve a high level of vehicle functional safety, the protection of vehicle's occupants and other road users, and environmental protection, the introduction of new technologies based on technical and scientific progress should be facilitated by limiting the required test and documentation for granting EU type approval of such technologies.
Amendment 297 #
2016/0014(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Conformity of production is one of the cornerstones of the EU type-approval system, and therefore the arrangements set up by the manufacturer to ensure such conformity should be approved by the competent authority or by an appropriately qualified technical service designated for that purpose, and be subject to regular verification by means of independent periodic audits. In addition, approval authoritiesAgency, and be subject to regular verification. In addition, the Agency should ensure the verification of the continued conformity of the products concerned.
Amendment 303 #
2016/0014(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The assessment of reported seriousany kind of risks to safety and of harm to public health and the environment should be conducted at national level, but coordination at Union level should be ensured where the reported risk or harm may exist beyond the territory of one Member State with the objective of sharing resources and ensuring consistency regarding the corrective action to be taken to mitigate the identified risk and harm.
Amendment 307 #
2016/0014(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In order to ensure that all vehicles, systems, components and separate technical units placed on the market offer a high level of safety and environmental protection, the manufacturer or any other economic operator in the supply chain should take effective corrective measures, including the recall of vehicles, where a vehicle, system, component or separate technical unit presents a serious risk for users or the environment as referred to in Article 20 of Regulation (EC) No 765/2008. Approval authoritiesThe Agency should be empowered to assess and verify whether those measures are sufficient. The authorities of other Member States' and the Commission should have the right to take safeguard measures in case they would consider that the manufacturer's corrective measures are not sufficient.
Amendment 309 #
2016/0014(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Appropriate flexibility should be provided by means of alternative type- approval schemes for manufacturers who produce vehicles in small series. They should be able to benefit from the advantages of the Union internal market provided that their vehicles comply with the specific EU type-approval requirements for vehicles produced in small series. In certain limited cases, it is appropriate to allow for national small series type- approval. In order to prevent misuse, any simplified procedure for vehicles produced in small series should be restricted to cases of very limited production in accordance with this Regulation. It is therefore necessary to define precisely the concept of vehicles produced in small series in terms of the number of vehicles produced, the requirements to be complied with and the conditions for placing those vehicles on the market. It is equally important to specify an alternative approval scheme for individual vehicles, in particular to provide sufficient flexibility for the approval of vehicles built in multiple stages.
Amendment 313 #
2016/0014(COD)
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) Since there is currently no common structured process for the exchange of vehicle component data between vehicle manufacturers and independent operators, it is appropriate to develop principles for such an exchange of data. A future common structured process on the standardised format of the data exchanged should be developed by the European Committee for Standardization (CEN) formally, where upon the mandate given to CEN does not predetermine the level of detail this standard will provide. The CEN's work should, in particular, reflect the interests and needs of vehicle manufacturers and independent operators alike and should also investigate solutions such as open data formats described by well-defined meta-data to accommodate existing IT infrastructures.
Amendment 316 #
2016/0014(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) In order to ensure effective competition on the market for vehicle repair and maintenance information services, it is to be emphasised, that the information concerned also covers information which needs to be provided to independent operators other than repairers, and in a format which allows further electronic processing so as to ensure that the independent vehicle repair and maintenance market as a whole can compete with authorised dealers, regardless of whether the vehicle manufacturer gives such information to authorised dealers and repairers directly.
Amendment 321 #
2016/0014(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Member States should lay down rules on penalties for the infringements of this Regulation and ensure that those rules are implemented. Those penalties should be effective, proportionate and, dissuasive and guarantee that the consumer receives a fair compensation. Member States shall report the imposed penalties to the Commission annually, to monitor the coherence of the implementation of these provisions.
Amendment 328 #
2016/0014(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Since the objectives of this Regulation, namely to lay down harmonised rules on the administrative and technical requirements for the type- approval of vehicles of categories M, N and O, and of systems, components and separate technical units, and on market surveillance of such vehicles, systems, components and separate technical units, cannot be sufficiently achieved by the Member States, but can rather, by reason of their scale and effects, be better achieved at Union level, the Union mayshould adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union by establishing the Agency. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,
Amendment 331 #
2016/0014(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation establishes the requirements for the market surveillance, throughout their lifetime, of vehicles, systems, components and separate technical units that are subject to approval in accordance with this Regulation, as well as of parts and equipment for such vehicles.
Amendment 339 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8 b (new)
Article 3 – paragraph 1 – point 8 b (new)
(8b) Base Emission Strategy' (hereinafter 'BES') means an emission strategy that is active throughout the speed and load operating range of the engine unless an AES is activated;
Amendment 340 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8 c (new)
Article 3 – paragraph 1 – point 8 c (new)
(8c) Auxiliary Emission Strategy' (hereinafter 'AES') means an emission strategy that becomes active and replaces or modifies a base emission strategy for a specific purpose and in response to a specific set of ambient and/or operating conditions and only remains operational as long as those conditions exist;
Amendment 345 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘approval authority’ means the authority or authorities of a Member State, notified to the Agency and Commission, by that Member State, with competence for all aspects of the type-approval of a vehicle, system, component or separate technical unit, or of the individual vehicle approval, for the authorisation process for parts and equipment, for issuing and, if appropriate, withdrawing or refusing approval certificates, for acting as the contact point for the approval authorities of the other Member States, and for designating the technical services, and for ensuring that the obligations regarding the conformity of production of the manufacturer are met;
Amendment 351 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 36
Article 3 – paragraph 1 – point 36
(36) ‘'technical service’' means an national organisation or body established on the territory of the approval authority and designated body designated by the approval authority as a testing laboratory to carry out tests, and or as a conformity assessment body to carry out the initial assessment and other tests or inspections foreseen by this regulation on behalf of the approval authority;
Amendment 354 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 46
Article 3 – paragraph 1 – point 46
(46) ‘vehicle repair and maintenance information’ means all information required for diagnosing, servicing, inspecting, periodic monitorroad worthiness testing, repairing, re-programming or re-initialising of a vehicle as well as for the fitting on vehicles of parts and equipment, and that is used or provided by the manufacturer to, including his authorised dealers and repairerpartners, dealers, repairers and network, to offer products or services for vehicle repair and maintenance purposes, including all subsequent amendments and supplements to that information;
Amendment 356 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 47 a (new)
Article 3 – paragraph 1 – point 47 a (new)
(47a) 'remote sensing' means scanning and measuring pollutant levels in a vehicle's exhaust while the vehicle is in motion using sensor-equipped instruments positioned roadside with the purpose of collecting performance data required to monitor the average on-road fleet emissions and identify excessive polluters;
Amendment 362 #
2016/0014(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Establishing an European Agency for Market Surveillance of Road Transport The Commission shall present to the European Parliament and the Council of the European Union a regulation establishing a European independent Agency on Market Surveillance of Road Transport ("the Agency") without undue delay but no later than 12 months after this Regulation is published in the Official Journal of the European Union. Until the Agency has been established, the tasks assigned to it will be carried out by the Commission.
Amendment 363 #
2016/0014(COD)
Proposal for a regulation
Article 5 b (new)
Article 5 b (new)
Amendment 367 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall establish or appoint the approval authorities and the market surveillance authorities. Member States shall notify the CommissionAgency of the establishment and appointment of such authorities.
Amendment 368 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
That notification shall include the name of those authorities, their address, including their electronic address, and their competences. The Commission shall publish on its website a list and details of the approval authorities and, where applicable, the market surveillance authorities.
Amendment 372 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall permit the placing on the market, registration or entry into service of only those vehicles, systems, components and separate technical units that comply with the requirements set out in this Regulation. To facilitate market surveillance of in-service vehicles, Member States' registration authorities will maintain a database linking the vehicle license plates issued to each vehicle to the vehicle VIN, the vehicle type and the associated vehicle type-approval and certificate of conformity. The vehicle type and certificate of conformity information associated with any license plate observed on-road in the Union shall upon request be made promptly available without charge to the Agency, to market surveillance authorities, to national authorities, to technical service authorities and their agents.
Amendment 373 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 378 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 385 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
Amendment 389 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
Amendment 401 #
2016/0014(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Approval authorities shall ensure that the vehicle provided by the manufacturer for the purpose of type- approval testing is fully representative of the vehicle to be produced and placed on the market and which testing does not lead to test results that are systematically divergent from the performance of those vehicles operated under conditions that may reasonably be expected to be encountered in normal operation and use.
Amendment 409 #
2016/0014(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Where an approval authority is informed in accordance with Articles 8(5), 9(55b(10), 5b(11), 52(4) or 54, it shall take all necessary measures to review the approval granted and, where appropriate, correct or withdraw the approval depending on the reasons and the seriousness of the deviations demonstrated.
Amendment 412 #
2016/0014(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The Commission may adopt implementingdelegated acts to lay down the common criteria to appoint, review and assess the approval authorities at national level. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 87(2)8.
Amendment 414 #
2016/0014(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
Amendment 416 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Market surveillance authorities shallmay perform regular checks to verify compliance of vehicles, systems, components and separate technical units, throughout their lifetime, with the requirements set out in this Regulation as well as with the correctness of the type approvals. Those checks shall be performed on an adequate scale, by means of documentary checks and real- drive and laboratory tests on the basis of statistically relevant samples. When doing so, market surveillance authorities shall take account of established principles of risk assessment, complaints and other information.
Amendment 433 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
Amendment 446 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
Amendment 453 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. The market surveillance authorities of different Member StatMember States that choose to carry out market surveillance activities shall coordinate their market surveillance activities, cooperate with each other and share with each other and with the CommissionAgency the results thereof. Where appropriate, the market surveillance authorities shall agree on work-sharing and specialisation.
Amendment 459 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 10
Article 8 – paragraph 10
Amendment 467 #
Amendment 533 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
The Commission shall establishset up and chair a Forum for Exchange of Information on Enforcement (‘'the Forum’)') until the Agency is established The Agency shall take over the Commission's tasks relating to the Forum.
Amendment 543 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
This Forum shall be composed of members appointed by the Member States.
Amendment 544 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Each year representatives of the Forum shall present to the European Parliament a general report on the Forum's activities. The European Parliament or the Council may also ask at any time for a hearing of representatives of the Forum on any subject related to the Forum's activities.
Amendment 550 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Its advisory tasks shall comprise inter alia the promotion of good practices, the exchange of information on enforcement problems, cooperation, development of working methods and tools, development of an electronic information exchange procedure, evaluation of harmonised enforcement projects, penalties and joint inspections.:
Amendment 551 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 – point a (new)
Article 10 – paragraph 2 – subparagraph 2 – point a (new)
(a) the promotion of good practices, the exchange of information on enforcement, evaluation of harmonised enforcement projects.
Amendment 552 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 – point b (new)
Article 10 – paragraph 2 – subparagraph 2 – point b (new)
(b) the development of a portal for civil society and consumer organisations to report their concerns and complaints about motor vehicle performance characteristic. Such information should also be used by the agency for assessing which vehicles should undergo conformity and verification checks.
Amendment 553 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 – point c (new)
Article 10 – paragraph 2 – subparagraph 2 – point c (new)
(c) the exchange of information and advice with regard to state-of-the art technologies for the purpose of ensuring that Member States, type approval authorities and technical services are fully up to date on new technology available on the market.
Amendment 554 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 – point d (new)
Article 10 – paragraph 2 – subparagraph 2 – point d (new)
(d) informing Member States of the conformity and verification checks undertaken by the agency as described in Article 5b.
Amendment 555 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 – point e (new)
Article 10 – paragraph 2 – subparagraph 2 – point e (new)
(e) All recommendations agreed upon by the Forum shall be made public. They shall be agreed on by a simple majority.
Amendment 559 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 a (new)
Article 10 – paragraph 2 – subparagraph 2 a (new)
Amendment 579 #
2016/0014(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The manufacturer shall ensure that the vehicles, systems, components or separate technical units that he has manufactured and that have been placed on the market, or entered into service have been manufactured and approved in accordance with the requirements set out in this Regulation, and that they continue to comply with those requirements regardless of the testing method used.
Amendment 583 #
2016/0014(COD)
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. When applying for an EU type approval, the manufacturers shall demonstrate that the design of vehicles, systems components and separate technical units does not incorporate strategies that unnecessarily reduce the performance exhibited during relevant test procedure when the vehicles, systems, components and separate technical units are operated under conditions that may reasonably be expected to be encountered in normal operation and use.
Amendment 590 #
2016/0014(COD)
Proposal for a regulation
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
7a. The manufacturer must ensure that the vehicle user, upon prior information, agrees to the processing and transmission of all data being collected while using the vehicle. Where the data- processing and - forwarding is not mandatory for the safe functioning of the vehicle, the vehicle user must be able to disconnect the data transfer easily.
Amendment 593 #
2016/0014(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
A manufacturer who considers that a vehicle, system, component, separate technical unit, or part or equipment that has been placed on the market or entered into service is not in conformity with this Regulation or that the type approval has been granted on the basis incorrect data, shall immediately take the appropriate measures necessary to bring that vehicle, system, component, separate technical unit, part or equipment into conformity, to withdraw it from the market or to recall it, as appropriate. These corrective measures shall be provided free of charge for the vehicle owner.
Amendment 596 #
2016/0014(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The manufacturer shall immediately inform the approval authority that has granted the approval in detail of the non- conformity and of any measures taken. The manufacturer shall also immediately inform the Agency.
Amendment 599 #
2016/0014(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where the vehicle, system, component, separate technical unit, part or equipment presents a seriousny kind of risk, the manufacturer shall immediately provide detailed information on the non-conformity and on any measures taken to the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been made available on the market or has entered into service to that effect. The manufacture shall also immediately inform the Agency.
Amendment 604 #
2016/0014(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 1
Article 12 – paragraph 4 – subparagraph 1
The manufacturer shall, upon a reasoned request from a national authority or the Agency, provide that authority or the Agency, through the approval authority, with a copy of the EU type- approval certificate or the authorisation referred to in Article 55(1) demonstrating conformity of the vehicle, system, component or separate technical unit, in a language that can be easily understood by the national authority or the Agency.
Amendment 609 #
2016/0014(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2
Article 12 – paragraph 4 – subparagraph 2
The manufacturer shall, following a reasoned request from a national authority or the Agency, cooperate with that authority or the Agency on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market.
Amendment 613 #
2016/0014(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) following a reasoned request from an approval authority or the Agency, provide that authority or the Agency with all the information and documentation necessary to demonstrate the conformity of production of a vehicle, system, component or separate technical unit. This shall include any technical specifications at type approval and access to software and algorithms as requested;
Amendment 615 #
2016/0014(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) cooperate with the approval orand market surveillance authorities and the Agency, at their request, on any action taken to eliminate the serious risk posed by vehicles, systems, components, separate technical units, parts or equipment covered by that mandate;
Amendment 617 #
2016/0014(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. A manufacturer's representative who terminates the mandate on the grounds referred to in point (e) of paragraph 1 shall immediately inform the type approval authority that granted the approval and the CommissionAgency.
Amendment 621 #
2016/0014(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Where the importer considers that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, and in particular that it does not correspond to its type-approval, he shall not place on the market, allow to enter into service or register the vehicle, system, component or separate technical unit, until it has been brought into conformity. Where he considers that the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, he shall inform the manufacturer and the market surveillance authoritiesAgency thereof. For type- approved vehicles, systems, components and separate technical units, he shall also inform the approval authority that has granted the type-approval.
Amendment 627 #
2016/0014(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
Where a vehicle, system, component, separate technical unit, part or equipment presents a seriousny kind of risk, the importer shall immediately provide detailed information on the seriousany kind of risk to the manufacturer and, the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been placed on the market and the Agency.
Amendment 629 #
2016/0014(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
The importer shall also inform the approval and market surveillance authoritiesuthorities and the Agency of any action taken and give details, in particular of the seriousany kind of risk and of corrective measures taken by the manufacturer.
Amendment 633 #
2016/0014(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The importer shall, upon a reasoned request from a national authority or the Agency, provide that authority or the Agency with all the information and documentation necessary to demonstrate the conformity of a vehicle, system, component or separate technical unit in a language that can be easily understood by that authority or the Agency. The importer shall, following a reasoned request from a national authority, cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market.
Amendment 637 #
2016/0014(COD)
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
The distributor shall, to protect the environment, health and safety of consumers, investigate complaints and non-conformities of vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market. Furthermore, all complaints and/or non-conformities concerning environment or safety aspects of the vehicles shall be communicated to the importer or manufacturer without delay.
Amendment 645 #
2016/0014(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the distributor shall immediately provide detailed information on that serious risk to the manufacturer, the importer and, the approval and market surveillance authorities of the Member States in which that vehicle, system, component, separate technical unit, part or equipment has been made available on the market and the Agency. The distributor shall also inform them of any action taken and give details, in particular of the serious risk and of corrective measures taken by the manufacturer.
Amendment 646 #
2016/0014(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The distributor shall, following a reasoned request from a national authority or the Agency, cooperate with that authority or the Agency on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market.
Amendment 648 #
2016/0014(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
An importer or distributor shall be considered a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer under Articles 5b, 8, 11 and 12, where the importer or distributor makes available on the market, registers or is responsible for the entry into service of a vehicle, system, component or separate technical unit under its name or trademark or modifies a vehicle, system, component or separate technical unit in such a way that it may no longer comply with the applicable requirements.
Amendment 649 #
2016/0014(COD)
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
Upon a request of an approval authority or, a market surveillance authority or the Agency, for a period of ten years after the placing on the market of a vehicle and for a period of five years after the placing on the market of a system, component, separate technical unit, part or equipment, economic operators shall provide information on the following:
Amendment 654 #
2016/0014(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The EU type-approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements. Verification shall include a documentary check of all requirements covered by an EU type-approval for an incomplete type of vehicle granted in the course of a multi-stage procedure, even where granted for a different category of vehicle. It shall also include verification that performances of the systems that were granted type approval separately is still in conformity with those type approvals when incorporated to a whole vehicle. The type approval authority that approves the whole vehicle shall be the responsible authority for the type approval.
Amendment 656 #
2016/0014(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. The choice of type-approval referred to in paragraph 1 shall not affect the all applicable substantive requirements with which the approved type of vehicle has to comply with at the time of issuing of the whole- vehicle type-approval.
Amendment 660 #
2016/0014(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point b a (new)
Article 22 – paragraph 1 – point b a (new)
(ba) detailed technical descriptions and calibration specifications for all emission- related components (Base Emission Strategy);
Amendment 661 #
2016/0014(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point b b (new)
Article 22 – paragraph 1 – point b b (new)
(bb) a list of all defeat devices or any Auxiliary Emission Strategy, including a description of the parameters that are modified by any AES and the boundary conditions under which the AES operate, and indication of which AES and BES are likely to be active under all range of ambient conditions, detailed technical descriptions and calibration specifications, as well as a detailed justification of each defeat device that results in a reduction in effectiveness of the emission control system, and rationale for why it is not a defeat device prohibited under Article 5(2) of Regulation 715/2007;
Amendment 662 #
2016/0014(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The information folder shall be supplied in an electronic format to be provided by the Commission butAgency. In addition to the electronic format, the information folder may also be supplied on paper.
Amendment 667 #
2016/0014(COD)
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1
Article 23 – paragraph 4 – subparagraph 1
The approval authority and technical services shall have access to the software, hardware and to algorithms of the vehicle as well as an appropriate insight into the system development process of software and hardware, while taking into account their respective duties.
Amendment 675 #
2016/0014(COD)
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 2
Article 23 – paragraph 4 – subparagraph 2
The approval authority may, by reasonedand the responsible technical service may, by request, also require the manufacturer to supply any additional information needed, to take a decision on which tests are required, or to facilitate the execution of those tests. Any future software or calibration update, which has an effect on the approved features of the vehicle, system, component or separate technical unit within the scope of this Regulation, shall be reported to the approval authority on a regular basis. The approval authority shall decide on a case- by-case basis if such a software or calibration change requires additional scientific evidence and proof of conformity from the manufacturer. The approval authority and the responsible technical service shall observe confidentiality where necessary in order to protect commercial secrets, unless it is in the public interest, subject to the obligation of information laid down in Article 5b(4) in order to protect the interests of users in the Union. The manufacturer shall communicate to the approval authority and the technical service - in a standardised form - the version of the safety and emissions-related software at the time of the application for type-approval. In order to detect subsequent unlawful changes to the software, the technical service shall be entitled to mark the software by setting corresponding parameters.
Amendment 681 #
2016/0014(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point c a (new)
Article 24 – paragraph 2 – point c a (new)
(ca) the validity of the justification given for the installation of a defeat device in accordance with Art 5(2) of Regulation 715/2007;
Amendment 683 #
2016/0014(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The approval authority shall refuse to grant EU type-approval where it finds that a type of vehicle, system, component or separate technical unit, albeit in compliance with the applicable requirements, presents a seriousny kind of risk to safety or may seriously harm the environment or public health. In that case, it shall immediately send to the approval authorities of the other Member States and the Agency or to the Commission until an Agency has been established a detailed file explaining the reasons for its decision and setting out the evidence for its findings.
Amendment 684 #
2016/0014(COD)
Proposal for a regulation
Article 24 – paragraph 5 a (new)
Article 24 – paragraph 5 a (new)
5a. The approval authority may refuse to approve a vehicle emissions control defeat device on the basis of the information included in the information folder by consideration of currently best available technology. The approval authority shall refuse to grant EU type-approval where it finds that a defeat devices has been unlawfully incorporated.
Amendment 685 #
2016/0014(COD)
Proposal for a regulation
Article 24 – paragraph 6 – subparagraph 2
Article 24 – paragraph 6 – subparagraph 2
The approval authority or the Agency shall ask the approval authorities which approved the systems, components or separate technical units to act in accordance with Article 54(2).
Amendment 686 #
2016/0014(COD)
Proposal for a regulation
Article 24 – paragraph 6 a (new)
Article 24 – paragraph 6 a (new)
6a. The Commission shall adopt delegated acts in accordance with Article 88 to set out criteria according to which an application for one of the exceptions to the prohibition of vehicle emissions control defeat devices in accordance with Article 5(2) of Regulation (EC) No 715/2007 is evaluated and conditions under which it may be approved or rejected.
Amendment 688 #
2016/0014(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The approval authority shall, within one month of issuing or amending the EU type-approval certificate, send to the approval authorities of the other Member States and the CommissionAgency a copy of the EU type-approval certificate, together with the attachments, including the test reports referred to in Article 23, for each type of vehicle, system, component and technical unit that it has approved. That copy shall be sent by means of a common secure electronic exchange system or in the form of a secure electronic file.
Amendment 689 #
2016/0014(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 692 #
2016/0014(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Where requested by an approval authority of another Member State or the CommissionAgency, the approval authority that has issued an EU type-approval shall, within one month of receiving that request, send to the requesting approval authority a copy of the EU type-approval certificate, together with the attachments, by means of athe common secure electronic exchange system or in the form of a secure electronic file.
Amendment 695 #
2016/0014(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The approval authority shall without delay inform the approval authorities of the other Member States and the CommissionAgency of its refusal or withdrawal of any EU type-approval, stating the reasons for its decision by means of the common secure electronic exchange system or in the form of a secure electronic file.
Amendment 698 #
2016/0014(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Compliance with the technical requirements of this Regulation and of the regulatory acts listed in Annex IV shall be demonstrated by means of appropriate tests in accordance with the relevant regulatory acts listed in Annex IV, performed by means of all appropriate testing methods, performed solely and in full by designated technical services.
Amendment 700 #
2016/0014(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The manufacturer shall provide the approval authority and technical services with the vehicles, systems, components or separate technical units that are required under the relevant acts listed in Annex IV for the performance of the required tests.
Amendment 704 #
2016/0014(COD)
Proposal for a regulation
Article 28 – paragraph 3 a (new)
Article 28 – paragraph 3 a (new)
3a. In the case of whole vehicle type- approval, the authorities shall ensure that the vehicles selected for testing will not lead to the results that are systematically divergent from the performance when those vehicles are operated under conditions that may reasonably be expected to be encountered in normal operation and use.
Amendment 707 #
2016/0014(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. An approval authority that has granted an EU type-approvalThe Agency shall take the necessary measures in accordance with Annex X to verify, where necessaryapplicable in cooperation with the approval authorities of the other Member States, that the manufacturer produces the vehicles, systems, components or separate technical units in conformity with the approved type.
Amendment 709 #
2016/0014(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. An approval authority that has granted a whole-vehicle type-approvalThe Agency shall verify a statistically relevant number of samples of vehicles and certificates of conformity on their compliance with Articles 34 and 35 and shall verify that the data in the certificates of conformity are correct. The Agency shall inspect at least 20% of all type-approved vehicles placed on the European market each year.
Amendment 710 #
2016/0014(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. An approval authority that has granted an EU type-approvalThe Agency shall take the necessary measures to verify, where necessary in cooperationand applicable with the approval authorities of the other Member States, that the arrangements referred to in paragraphs 1 and 2 continue to be adequate so that vehicles, systems, components or separate technical units in production continue to conform to the approved type and certificates of conformity continue to comply with Articles 34 and 35.
Amendment 716 #
2016/0014(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority that has granted the EU type-approvalAgency shall carry out checks or tests required for EU type-approval, on samples taken at the premises of the manufacturer, including production facilities.
Amendment 721 #
2016/0014(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. An approval authority that has granted an EU type-approval andIf the Agency establishes that the manufacturer no longer produces the vehicles, systems, components or separate technical units in conformity with the approved type, or establishes that the certificates of conformity no longer comply with Articles 34 and 35, even though production is continued, shall take the necessary measures to ensure that the procedure for conformity of production is followed correctly and immediately brought back into or withdraw the type- approval.
Amendment 727 #
2016/0014(COD)
Proposal for a regulation
Article 30 – title
Article 30 – title
National fee structure for type-approvals and market surveillance costs
Amendment 730 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall establish a national fee structure to cover the costs for their type-approvals and market surveillance activities as well as for the type- approval testing and conformity of production testing and inspections carried out by the technical services they have designated.
Amendment 752 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Member States shall notify the details of their national fee structure to the other Member States and the Commissiono the Agency. The first notification shall be effected on [date of entry into force of this Regulation + 1 year]. Subsequent updates of the national fee structures shall be notified to the other Member States and to the CommissionAgency on a yearly basis.
Amendment 757 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
Amendment 760 #
2016/0014(COD)
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Amendment 764 #
2016/0014(COD)
Proposal for a regulation
Article 31 – paragraph 5 a (new)
Article 31 – paragraph 5 a (new)
5a. The approval authority shall inform the Agency and the other approval authorities of any amendments to an EU type-approval, by means of the common secure electronic exchange system or in the form of a secure electronic file.
Amendment 765 #
2016/0014(COD)
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
The amendment shall be designated a ‘revision’ where the approval authority or the Agency finds that despite the change in the particulars recorded in the information package the concerned type of vehicle, system, component or separate technical unit continues to comply with the applicable requirements for this type and that, therefore, no inspections or tests need to be repeated.
Amendment 766 #
2016/0014(COD)
Proposal for a regulation
Article 32 – paragraph 2 –introductory part
Article 32 – paragraph 2 –introductory part
The amendment shall be designated an ‘extension’ where the approval authority or the Agency finds that the particulars recorded in the information package have changed and where any of the following occurs:
Amendment 780 #
2016/0014(COD)
Proposal for a regulation
Article 33 – paragraph 4 – subparagraph 2
Article 33 – paragraph 4 – subparagraph 2
Within one month of receiving the notification referred to in the first subparagraph, the approval authority that granted the EU type-approval for the type of vehicle, system, component or separate technical unit shall inform the approval authorities of the other Member States and then the Agency accordingly.
Amendment 790 #
2016/0014(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. The granting of EU type-approvals exempting new technologies or new concepts shall be subject to authorisation by the Commission. That authorisation shall be given by means of an implementing act. That implementing delegated act. That delegated act shall be adopted in accordance with the examination procedure referred to in Article 87(2)8.
Amendment 791 #
2016/0014(COD)
Proposal for a regulation
Article 37 – paragraph 4 – subparagraph 1
Article 37 – paragraph 4 – subparagraph 1
Pending the decision on authorisation by the Commission, the approval authority may issue a provisional EU type-approval, valid only in the territory or part of the territory of the Member State of that approval authority, in respect of a type of vehicle covered by the exemption sought. The approval authority shall inform without delay the Commission and the other Member States thereof by means of a file containing the information referred to in paragraph 2.
Amendment 792 #
2016/0014(COD)
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. Where the necessary steps to adapt the regulatory acts referred to in paragraph 1 have not been taken, the Commission may authorise the extension of the provisional EU type-approval by means of a decision and at the request of the Member State that granted the provisional EU type-approval. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 87(2)8.
Amendment 807 #
2016/0014(COD)
Proposal for a regulation
Article 47 – paragraph 6
Article 47 – paragraph 6
6. Member States shall keep records of the VIN of the vehicles that they permitted to be made available on the market, registered or entered into service in accordance with this Article. To facilitate market surveillance of in-service vehicles, Member States' registration authorities will maintain a database linking the vehicle license plates issued to each vehicle to the vehicle VIN, the vehicle type and the associated vehicle type-approval and certificate of conformity. The vehicle type and certificate of conformity information associated with any license plate observed on-road in the Union shall upon request be made promptly available without charge to the Agency, to market surveillance authorities and to national authorities.
Amendment 810 #
2016/0014(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. MThe Agency or the market surveillance authorities of one Member State that have taken action pursuant to Article 20 of Regulation (EC) No 765/2008, Article 5b and Article 8 of this Regulation, or that have sufficient reason to believe that a vehicle, system, component or separate technical unit covered by this Regulation presents a serious risk to the health or safety of persons or to other aspects of the protection of public interests covered by this Regulation, shall inform without delay the approval authority that granted the approval about its findings.
Amendment 812 #
2016/0014(COD)
Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 1
Article 49 – paragraph 2 – subparagraph 1
The approval authorityies referred to in paragraph 1 shall carry out an evaluation in relation to the vehicle, system, component or separate technical unit concerned covering all the requirements laid down in this Regulation. The relevant economic operators shall cooperate fully with the Agency, approval and market surveillance authorities.
Amendment 813 #
2016/0014(COD)
Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 2
Article 49 – paragraph 2 – subparagraph 2
Where, in the course of that evaluation, the Agency or the approval authority that granted the approval finds that the vehicle, system, component or separate technical unit does not comply with the requirements laid down in this Regulation, it shall require without delay the relevant economic operator to take all appropriate corrective measures to bring the vehicle, system, component or separate technical unit into compliance with those requirements, or take restrictive measures, either to immediately withdraw the vehicle, system, component or separate technical unit from the market, or to recall it within a reasonable periodsix months, depending on the nature of the risk.
Amendment 816 #
2016/0014(COD)
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. The Agency or the relevant approval authority shall inform the CommissionAgency and the other Member States of the results of the evaluation referred to in paragraph 1 and the action required of the economic operator.
Amendment 821 #
2016/0014(COD)
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1
Article 50 – paragraph 1 – subparagraph 1
The national authorities shall inform the CommissionAgency and the other Member States without delay of the restrictive measures taken in accordance with Article 49(1) and (5).
Amendment 822 #
2016/0014(COD)
Proposal for a regulation
Article 50 – paragraph 2 – introductory part
Article 50 – paragraph 2 – introductory part
2. The Agency or the approval authority referred to in Article 49(1) shall indicate whether the non-conformity is due to either of the following:
Amendment 823 #
2016/0014(COD)
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. The Member States other than the Member State initiating the procedure or all Member States if the Agency initiated procedure shall inform within one month of the receipt of the information referred to in paragraph 1 the CommissionAgency and the other Member States of any restrictive measures adopted and of any additional information at their disposal relating to the non- conformity of the vehicle, system, component or separate technical unit concerned, and, in the event of disagreement with the notified national measure, of their objections.
Amendment 825 #
2016/0014(COD)
Proposal for a regulation
Article 50 – paragraph 4
Article 50 – paragraph 4
4. Where, within one month of the receipt of the information referred to in paragraph 1, an objection has been raised by either another Member State or the CommissionAgency in respect of a restrictive measure taken by a Member State, that measure shall be evaluated by the Commission in accordance with Article 51.
Amendment 829 #
2016/0014(COD)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
Where, during the procedure set out in Article 50(3) and (4), objections have been raised against a restrictive measure taken by a Member State, or where the Agency or the Commission has considered that a national measure is contrary to Union legislation, the Commission shall evaluate without delay the national measure after having consulted the Member States and the relevant economic operator or operators. On the basis of the results of that evaluation, the Commission shall adopt a decision on whether the national measure is considered justified or not. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 837 #
2016/0014(COD)
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 1
Article 52 – paragraph 1 – subparagraph 1
Where, having performed an evaluation under Article 49(1), a Member State or the Agency finds that vehicles, systems, components or separate technical units, although they comply with the applicable requirements or are properly marked, present a serious risk to safety or may seriously harm the environment or public health, it shall require the relevant economic operator to take all appropriate corrective measures to ensure that the vehicle, system, component or separate technical unit concerned, when placed on the market, registered or entered into service, no longer presents that risk, or it shall take restrictive measures to withdraw the vehicle, system, component or separate technical unit from the market or to recall it within a reasonable period, depending on the nature of the risk.
Amendment 839 #
2016/0014(COD)
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2
Article 52 – paragraph 1 – subparagraph 2
The Member State mayshall refuse to register such vehicles until the economic operator has taken all appropriate corrective measures.
Amendment 841 #
2016/0014(COD)
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. The Member State shall within one month of the request referred to in paragraph 1 provide the CommissionAgency and the other Member States with all available information, in particular the data necessary for the identification of the vehicle, system, component or separate technical unit concerned, the origin and the supply chain of the vehicle, system, component or separate technical unit, the nature of the risk involved and the nature and duration of the national restrictive measures taken.
Amendment 844 #
2016/0014(COD)
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. The CommissionAgency shall consult without delay the Member States and the relevant economic operator or operators and, in particular, the approval authority that granted the type-approval, and shall evaluate the national measure taken. On the basis of that evaluation, the Commission shall decide whether the national measure referred to in paragraph 1 is considered justified or not, and where necessary, propose appropriate measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 849 #
2016/0014(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Where vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, or are not in conformity with this regulation or were approved on the basis of incorrect data, the approval authorities, market surveillance authorities or the Commission mayAgency shall take the necessary restrictive measures in accordance with Article 21 of Regulation (EC) No 765/2008, to prohibit or restrict the making available on the market, registration or entry into service on the market of non-compliant vehicles, systems, components or separate technical units, or to withdraw them from that market or to recall them, including the withdrawal of the type-approval by the approval authority that granted the EU type-approval, until the relevant economic operator has taken all appropriate corrective measures to ensure that vehicles, systems, components or separate technical units are brought into conformity.
Amendment 851 #
2016/0014(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Where an approval authority or, market surveillance authority or the Agency finds that vehicles, systems, components or separate technical units are not in conformity with this Regulation or that the type-approval has been granted on the basis of incorrect data or that vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, it mayshall take all appropriate restrictive measures in accordance with Article 53(1).
Amendment 854 #
2016/0014(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. The approval authority or market surveillance authority or the CommissionAgency shall also request the approval authority that granted the EU type-approval to verify that vehicles, systems, components or separate technical units in production continue to conform to the approved type or, where applicable, that vehicles, systems, components or separate technical units already placed on the market are brought back into conformity.
Amendment 855 #
2016/0014(COD)
Proposal for a regulation
Article 54 – paragraph 5
Article 54 – paragraph 5
5. On receipt of the request referred to in paragraphs 1 to 4 the approval authority that granted the EU type-approval shall carry out an evaluation in relation to the vehicles, systems, components or separate technical units concerned covering all the requirements laid down in this Regulation. The approval authority shall also verify the data on the basis of which the approval was granted. The relevant economic operators shall fully cooperate with the approval authority. The Agency shall have the right to verify the data on basis of which the type approval authority granted the type- approval.
Amendment 859 #
2016/0014(COD)
Proposal for a regulation
Article 54 – paragraph 8 – subparagraph 1
Article 54 – paragraph 8 – subparagraph 1
Where, within one month after the notification of the restrictive measures taken by an approval authority or, a market surveillance authority or the Agency in accordance with Article 53(1), an objection has been raised by another Member State in respect of the notified restrictive measure or where the CommissionAgency establishes a non-compliance in accordance with Article 9(55b(10), the CommissionAgency shall consult without delay the Member States and the relevant economic operator or operators and, in particular, the approval authority that granted the type-approval, and shall evaluate the national measure taken. On the basis of that evaluation, the Commission may decide to take the necessary restrictive measures foreseen in Article 53(1) by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 861 #
2016/0014(COD)
Proposal for a regulation
Article 54 – paragraph 9
Article 54 – paragraph 9
9. Where, within one month after the notification of the restrictive measures taken in accordance with Article 53(1), no objection has been raised by either another Member State or by the CommissionAgency in respect of a restrictive measure taken by a Member State or the Agency, that measure shall be deemed justified. The other Member States shall ensure that similar restrictive measures are taken in respect of the vehicle, system, component or separate technical unit concerned.
Amendment 870 #
2016/0014(COD)
Proposal for a regulation
Article 56 – paragraph 4 – subparagraph 1
Article 56 – paragraph 4 – subparagraph 1
Before issuing any authorisation, the approval authority shall coordinate with the Agency to verify the existence of arrangements and procedures for ensuring effective control of the conformity of production.
Amendment 871 #
2016/0014(COD)
Proposal for a regulation
Article 56 – paragraph 4 – subparagraph 2
Article 56 – paragraph 4 – subparagraph 2
Where the approval authority or the Agency finds that the conditions for issuing the authorisation are no longer fulfilled, it shall request the manufacturer to take the necessary measures to ensure that the parts or equipment are brought into conformity. Where necessary, it shall withdraw the authoriszation or in case of the Agency required the approval authority that granted the type-approval to withdraw the authorization.
Amendment 874 #
2016/0014(COD)
Proposal for a regulation
Article 56 – paragraph 5
Article 56 – paragraph 5
5. Upon request of a national authority of another Member State or the Agency, the approval authority that has issued the authorisation shall, within one month of the receipt of that request, send to the former a copy of the issued authorisation certificate together with its attachments by means of a common secure electronic exchange system. The copy may also take the form of a secure electronic file.
Amendment 875 #
2016/0014(COD)
Proposal for a regulation
Article 56 – paragraph 6
Article 56 – paragraph 6
6. An approval authority or the Agency that disagrees with the authorisation issued by another Member State shall bring the reasons for its disagreement to the attention of the Commission. The Commission shall take the appropriate measures in order to resolve the disagreement, which may include, where necessary, requiring the withdrawal of the authorisation, after having consulted the relevant approval authorities. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 877 #
2016/0014(COD)
Proposal for a regulation
Article 57 – paragraph 2 a (new)
Article 57 – paragraph 2 a (new)
2a. Where an approval authority or the Agency considers the remedies referred to in Article 57(3) are sufficient, the manufacturer shall ensure that all relevant information about the measures what will be taken it communicated, within one month, too all owners of affected vehicles across the Union , and in all relevant EU languages.
Amendment 879 #
2016/0014(COD)
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 2
Article 57 – paragraph 3 – subparagraph 2
The approval authority shall carry out an evaluation to verify whether the proposed remedies are sufficient and timely enough, and it shall communicate the remedies that it has approved to the approval authorities of the other Member States and to the Commission without delayor the Agency without delay and make publically available a full report of the evaluation findings and proposed remedies.
Amendment 901 #
2016/0014(COD)
Proposal for a regulation
Article 65 – paragraph 1 – subparagraph 1
Article 65 – paragraph 1 – subparagraph 1
Manufacturers shall provide to independent operators unrestricted and, standardised and non-discriminatory access to vehicle OBD information, diagnostic and other equipment, tools including any relevant software and vehicle repair and maintenance information. Independent operators shall have access to the remote diagnosis services used by manufacturers and their contractors.
Amendment 911 #
2016/0014(COD)
Proposal for a regulation
Article 65 – paragraph 3 a (new)
Article 65 – paragraph 3 a (new)
3a. For the purpose of vehicle OBD, diagnostics, repair and maintenance, the direct vehicle data stream shall to be made available through the standardized connector as specified in UN Regulation No 83, Annex XI, Appendix 1, para 6.5.1.4 and UN Regulation No 49, Annex 9B.
Amendment 952 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 3 a (new)
Article 71 – paragraph 8 – subparagraph 3 a (new)
If the audit demonstrates that the authority has breached any requirements of this Regulation or the vehicles, systems, components and separate technical units are not in conformity with the type approvals it issued, the authority shall immediately take all steps necessary to bring its procedures in compliance.
Amendment 996 #
2016/0014(COD)
Proposal for a regulation
Article 77 – paragraph 1 – subparagraph 1
Article 77 – paragraph 1 – subparagraph 1
Before designating a technical service, the type-approval authority shall assess it in accordance with an harmonized assessment check-list that covers at least the requirements listed in Appendix 2 of Annex V. The assessment shall include an on-site assessment of the premises of the applying technical service, and, where relevant, of any subsidiary or sub- contractor, located inside or outside the Union.
Amendment 1111 #
2016/0014(COD)
Proposal for a regulation
Article 91 – paragraph 1 – point 2
Article 91 – paragraph 1 – point 2
Regulation (EC) No 715/2007
Article 1 – paragraph 2
Article 1 – paragraph 2
‘2. In addition, this Regulation lays down rules for in-service conformity, durability of pollution control devices, vehicle OBD systems and measurement of fuel consumption. The rules for in-service conformity and durability of pollution control devices must come into force no later than 31 December 2018'’;
Amendment 1118 #
2016/0014(COD)
Proposal for a regulation
Article 91 – paragraph 1 – point 6
Article 91 – paragraph 1 – point 6
Regulation (EC) No 715/2007
Article 11 a – paragraph 1 – point b a (new)
Article 11 a – paragraph 1 – point b a (new)
(ba) fuel consumption and CO2 values determined under real driving condition will be made available to the public.
Amendment 12 #
2016/0010(CNS)
Proposal for a directive
Recital 2
Recital 2
(2) As Multi National Enterprise (MNE) Groups are active in different countries, they have the possibility of engaging in aggressive tax planning practices that are not available for domestic companies. When MNEs do so, purely domestic companies, normally small and medium- sized enterprises (SMEs) may be particularly affected as their tax burden is higher than that of MNE Groupsy pay an effective rate of tax that is much closer to statutory rates than MNEs, resulting in distortions to, and malfunctions of, the internal market. On the other hand, all Member States may suffer revenue losses and there is the risk of competition to attract MNE Groups by offering them further tax benefits. There is therefore a problem for the proper functioning of the Internal Market.
Amendment 26 #
2016/0010(CNS)
Proposal for a directive
Recital 4
Recital 4
(4) Increased transparency towards tax authorities could have the effect of giving MNE Groups an incentive to abandon certain practices and pay their fair share of tax in the country where profits are made. It would also increase the 'peer pressure' between Member States and would focus the attention of financial markets on the fiscal accountability of MNEs. Enhancing transparency for MNE Groups is therefore an essential part of tackling base erosion and profit shifting.
Amendment 31 #
2016/0010(CNS)
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) When extending the automatic exchange of information at Union and global levels, due regard should be had to the European Parliament report on the proposal for a directive of the European Parliament and of the Council amending Directive 2007/36/EC as regards the encouragement of long-term shareholder engagement and Directive 2013/34/EU as regards certain elements of the corporate governance statement.
Amendment 32 #
2016/0010(CNS)
Proposal for a directive
Recital 4 c (new)
Recital 4 c (new)
(4c) Due regard should also be had to the European Parliament resolution of 25 November 2015 on tax rulings and other measures similar in nature or effect.
Amendment 33 #
2016/0010(CNS)
Proposal for a directive
Recital 4 d (new)
Recital 4 d (new)
(4d) When extending the automatic exchange of information at Union and global levels, due regard should also be had to the European Parliament resolution of 16 December 2015 with recommendations to the Commission on bringing transparency, coordination and convergence to corporate tax policies in the Union.
Amendment 38 #
2016/0010(CNS)
Proposal for a directive
Recital 6
Recital 6
(6) In the country-by-country report, MNEs Groups should provide annually and for each tax jurisdiction in which they do business the amount of revenue, profit before income tax and income tax paid and accrued, but also public subsidies received, the value of assets and annual cost of maintaining them, and sales and purchases. MNE Groups should also report number of their employees, stated capital, retained earnings and tangible assets in each tax jurisdiction. Finally, MNE Groups should identify each entity within the group doing business in a particular tax jurisdiction and should provide an indication of the business activities each entity engages in.
Amendment 39 #
2016/0010(CNS)
Proposal for a directive
Recital 7
Recital 7
(7) In order to enhance the efficient use of public resources and reduce the administrative burden for MNE Groups, the reporting obligation should only apply to MNE Groups with annual consolidated group revenue exceeding a certain amountEUR 40 million, in line with the definition of a large undertaking in Directive 2013/34/EU of the European Parliament and of the Council on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, and consistent with the proposed country-by-country reporting in the revision of Directive 2007/36/EC. The Directive should ensure that the same information is collected and made available to tax administrations in a timely manner throughout the EU.
Amendment 47 #
2016/0010(CNS)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Member States should ensure that they maintain or increase the level of human, technical and financial resources dedicated to the automatic exchange of information and data processing within tax administrations.
Amendment 54 #
2016/0010(CNS)
Proposal for a directive
Recital 12
Recital 12
(12) TIn the absence of a Union definition of permanent establishment, the mandatory automatic exchange of country- by-country reports between Member States should in each case include the communication of a defined set of basic information that would be accessible to thoseall Member States in which, on the basis of the information in the country- by-country report, one or more entities of the MNE Group are either resident for tax purposes, or are subject to tax with respect to the business carried out through a permanent establishment of an MNE Group.
Amendment 63 #
2016/0010(CNS)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) In the event that a Member State determines that another Member State persistently fails to automatically provide country-by-country reports, it should in the first instance consult that Member State and, if that does not lead to resolution of the problem, it should report that Member State to the Commission and an appropriate penalty should be imposed.
Amendment 68 #
2016/0010(CNS)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) This Directive is a crucial step in going beyond the OECD BEPS Action Plan, as recalled by the European Parliament in its recommendations to the Commission in order to promote transparency, coordination and convergence to corporate tax policies in the Union. In particular, it is to be considered as the first move towards the implementation of a public country-by- country reporting for MNE Groups, such as the European Parliament has referred to on several occasions, through its reports on Directive 2007/36/EC, the report of the TAXE special committee and the European Parliament’s resolution of 16 December 2015 with recommendations to the Commission on bringing transparency, coordination and convergence to corporate tax policies in the Union.
Amendment 71 #
2016/0010(CNS)
Proposal for a directive
Recital 18
Recital 18
(18) The scope of mandatory exchange of information should therefore be extended to include the automatic exchange of information of the country-by-country report. In order to enhance transparency for citizens, the Commission should publish the country-by-country reports, based on the information contained in the centralised register of country-by-country reports. In doing so, the Commission should comply with the provisions of this Directive on confidentiality.
Amendment 94 #
2016/0010(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/16/EU
Article 8aa – paragraph 2
Article 8aa – paragraph 2
2. The competent authority of a Member State where the Country-by-Country Report was received pursuant to paragraph 1 shall, by means of automatic exchange, communicate the report to any otherll Member State in which, on the basis of the information in the country-by-country report, one or more Constituent Entities of the MNE Group of the Reporting Entity are either resident for tax purposes, or are subject to tax with respect to the business carried out through a permanent establishment within the deadline laid down in paragraph 4s. The competent authority of the Member State must communicate the country-by-country report to the Commission, which is responsible for the centralised register of country-by-country reports, available to its competent services.
Amendment 96 #
2016/0010(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/16/EU
Article 8aa – paragraph 2 a new
Article 8aa – paragraph 2 a new
2a. The competent authority of a Member State to which the country-by-country report was sent pursuant to paragraph 1 shall, within 24 months after the end of the reporting fiscal year, communicate the report to any state belonging to the category of least developed countries (as defined by the United Nations), in which, on the basis of information contained in the statement by country, one or more constituent entities of multinational enterprises are resident for tax purposes, or are subject to tax with respect to the business carried out through a permanent establishment.
Amendment 98 #
2016/0010(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/16/EU
Article 8aa – paragraph 3 – point a
Article 8aa – paragraph 3 – point a
(a) aggregate information relating to the amount of revenue, profit (loss) before income tax, income tax paid, income tax accrued, stated capital, accumulated earnings, number of employees, and tangible assets other than cash or cash equivalents with regard to each jurisdiction in which the MNE Group operates, public subsidies received, the value of assets and annual cost of maintaining them, and sales and purchases;
Amendment 99 #
2016/0010(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/16/UE
Article 8aa – paragraph 3 – point b a (new)
Article 8aa – paragraph 3 – point b a (new)
(ba) the future European tax identification number (TIN) referred to in the Commission's 2012 Action Plan to strengthen the fight against fraud and tax evasion.
Amendment 103 #
2016/0010(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
4a. In order to enhance transparency for citizens, the Commission shall publish the country-by-country reports, based on the information contained in the centralised register of country-by-country reports. In doing so, the Commission shall comply with the provisions of Article 23a on confidentiality.
Amendment 104 #
2016/0010(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2011/16/UE
Article 17 – paragraph 4
Article 17 – paragraph 4
(2a) Article 17(4) is deleted;
Amendment 133 #
2016/0010(CNS)
Proposal for a directive
Annex – Annex III – Section I – paragraph 4
Annex – Annex III – Section I – paragraph 4
4. "Excluded MNE Group" means, with respect to any Fiscal Year of the Group, a Group having total consolidated group revenue of less than EUR 750 000 000 or an amount in local currency approximately equivalent to EUR 750 000 000 as of January 2015 during the Fiscal Year immediately preceding the Reporting Fiscal Year as reflected in its Consolidated Financial Statements for such preceding Fiscwhich does not qualify as a large undertaking as defined in Article 3(4) of Directive 2013/34/EU of the European Parliament and of the Council, meaning an undertaking which on its balance sheet dates exceeds at least two of the three following thresholds: (a) balance sheet total: EUR 20 000 000; (b) net turnover: EUR 40 000 000; (c) average number of employees during the financial Yyear: 250.
Amendment 138 #
2016/0010(CNS)
Proposal for a directive
Annex – Annex III – Section II – paragraph 1 – point b – point i
Annex – Annex III – Section II – paragraph 1 – point b – point i
Amendment 139 #
2016/0010(CNS)
Proposal for a directive
Annex – Annex III – Section II – paragraph 1 – subparagraph 2
Annex – Annex III – Section II – paragraph 1 – subparagraph 2
Where there are more than one Constituent Entities of the same MNE Group that are resident for tax purposes in the Union and one or more of the conditions set out in point (b) apply, the MNE Group mayhas to designate one of such Constituent Entities to file the country-by-country report conforming to the requirements of Article 8aa(1) with respect to any Reporting Fiscal Year within the deadline specified in Article 8aa(1) and to notify the Member State that the filing is intended to satisfy the filing requirement of all the Constituent Entities of such MNE Group that are resident for tax purposes in the Union. That Member State shall, pursuant to Article 8aa(2), communicate the country-by- country report received to any otherll Member State in which, on the basis of the information in the country-by-country Report, one or more Constituent Entities of the MNE Group of the Reporting Entity are either resident for tax purposes, or are subject to tax with respect to the business carried out through a permanent establishments.
Amendment 141 #
2016/0010(CNS)
Proposal for a directive
Annex – Annex III – Section II – paragraph 2
Annex – Annex III – Section II – paragraph 2
Amendment 2 #
2015/2354(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard to its resolution of 3 May 2010 on delivering a single market to consumers and citizens1a, __________________ 1a Text adopted, A7-0132/2010.
Amendment 3 #
2015/2354(INI)
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
– having regard to its resolution of 19 January 2016 on Towards a Digital Single Market Act,
Amendment 5 #
2015/2354(INI)
Motion for a resolution
Citation 8 c (new)
Citation 8 c (new)
– having regard to the Council Conclusions of 7 December 2015 on the promotion of the social economy as a key driver of economic and social development in Europe,
Amendment 16 #
2015/2354(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the single market has been, and remains, the cornerstone of EU integration and the engine of growth and jobs, however the integration of the Single Market is not an irreversible process and its continued existence should not be taken for granted;
Amendment 20 #
2015/2354(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the proper functioning of the Single Market is based on the constant adjustment and provision of an integrated response to the major economic and social challenges of the future, and on finding a balance between an open economy stimulating economic growth and quality job creation and an economic system delivering consumer protection as well as social and environmental safeguards to citizens;
Amendment 22 #
2015/2354(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas a strong social market - which turns the focus back to the people, directed towards the fight against unemployment, poverty, inequalities, social exclusion and wage dumping, promoting respect of fundamental social rights, fair mobility and improvement of living and working conditions in Europe - is an important factor to increase solidarity and cooperation among Member States;
Amendment 26 #
2015/2354(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the single market is underperforming in almost all areas – in stimulating a digital-driven market, encouraging start-ups, integrating global supply chains, improving workers mobility and social rights, dealing with new business models and ensuring market facilitation, standardisation and the licensing of professionals – due to a number of physical, legal and technical barriers;
Amendment 28 #
2015/2354(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the single market must not be seen in isolation from other horizontal policy areas, particularly the digital single market, health, social and consumer protection, labour law and mobility of citizens, the environment, sustainable development, energy, transport and external policies;
Amendment 41 #
2015/2354(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EU should pursue a genuine single market and treat it as a common asset of all citizens, workers, economic operators and Member States;
Amendment 50 #
2015/2354(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Is of the opinion that the mid-term review of the EU’s 2020 Strategy should set ambitious targets to reach a green, knowledge-based social market economy and sustainable growth by 2020; stresses that the single market should be central in achieving the goal of a sustainable and highly competitive social market economy in the context of the EU 2020 Strategy’s long-term vision taking up the challenges of maintaining social justice and economic growth as well as focusing on benefits for citizens, consumer protection, and SMEs;
Amendment 51 #
2015/2354(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Reiterates that the perception of the single market as being solely tied to the economic aspects has exhausted its own potential and a new broader based strategy must be put into action, establishing a balance between economic rights and fundamental social rights, integrating consumers’ and citizens’ interests into the single market;
Amendment 53 #
2015/2354(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Supports the overall objectives of the Commission’s Single Market Strategy for goods and services, and welcomacknowledges its vision for how to unleash the full potential of the single market but recalls on the Commission to improve the social and environmental side of the single market based on the Lisbon Treaty’s obligations;
Amendment 73 #
2015/2354(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines the urgent need to eliminate the remainingput back at the heart of the single market those who live in it and use it daily, and to eliminate the existing unjustified barriers from the single market in order to achieve effective tangible and quick results in terms of growth, innovation, job creation, consumer choice and new business models;
Amendment 82 #
2015/2354(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the strategy’s focus on aspects aimed at helping businesses, in particular SMEs, micro- enterprises and start-ups, to scale up their activities, grow and stay in the single market, thus facilitating their innovation and job creation; considers that all initiatives for SMEs and start-ups should be treated as a priority, but reminds that these initiatives should not provide opportunities for dishonest businesses to circumvent existing rules, lower workers’ and consumer standards, increase the risk of corporate fraud, criminal activities and letterbox companies;
Amendment 85 #
2015/2354(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Disagrees with the Commission’s statement that its proposal on single member companies should be implemented immediately, which in its current form is not a suitable instrument to boost the single market;
Amendment 90 #
2015/2354(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that it is necessarycould be helpful to adopt a common definition ofcriteria to identify ‘innovative’ start- ups and SMEs, or objective criteria, that canwhich could be used as aone point of reference for the adoption of related measures; calls on the Commission to propose such a definition;
Amendment 99 #
2015/2354(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls onDraws attention to the Commission’s initiative to ask the REFIT platform to address unjustified barriers to innovation and put forward proposals for ways to reduce or remove them; calls on the Commission to assess in the REFIT process not only the costs but also the benefits and values of legislation, as well as to take into account its broader social and environmental impact and not only the economic one;
Amendment 105 #
2015/2354(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to actively involve all stakeholders, in particular social partners and consumers organisations to assess impacts of draft legislation and better regulation activities in the single market, run the proportionality and subsidiarity check (at ex-ante stage), and monitor implementation (ex-post stage); stresses, furthermore, that any exemptions for SMEs and micro entities must be assessed on a case-by-case basis for each proposal, while ensuring that exemptions do not lead to circumvention of social, labour or environmental legislation;
Amendment 112 #
2015/2354(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission’s determination to address the difficulties faced by SMEs as a result of the complexity of differing national VAT regulations; extends its full support to the Commission in respect of the VAT reform, but reminds that these initiatives should respect Member States competences; calls on the Commission to assess the feasibility of further coordination and, in particular, to assess the possibility of a single tax in the e-commerce sectorllowing Member States to reduce rates of VAT for the press, digital, publishing, e-books and on line publications in order to avoid discrimination in the single market;
Amendment 144 #
2015/2354(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. WelcomAcknowledges the legislative initiative on business insolvency, including early restructuring and second chances, which will ensure thatcould be one method to encourage Member States to provide a regulatory environment that is able to accommodate failure without discouraging entrepreneurs from trying new ideasand non-regulatory environment that accepts that failure sometimes happens and encourages innovation, but reminds that the costs and consequences of failing companies affects not only the company’s owner and shareholders, but also its creditors, employees, citizens and taxpayers; stresses that the legal framework on business insolvency must ensure responsible risk-taking providing certainty and fairness to creditors and employees; calls on the Commission, in this context, to reinforce workers’ protection and the defence of their interest, including through guaranteeing the full respect of their right to information and consultation, and establishing preferential rights for employees in case a business goes bankrupt;
Amendment 149 #
2015/2354(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Regrets that the Commission did not emphasise enough the specific role of traditional manufacturing by Crafts and SMEs as an important contribution to both competitiveness and economic stability in Europe; encourages the Commission to exploit the full potential of digitalisation and innovation of the manufacturing industry in particular for micro and small manufacturers and start- ups, as well as for less industrialised regions to help reduce regional disparities and revitalise local economies; believes that stronger SMEs Crafts policy has to be put forward as one of the top priorities of all European Institutions and Member States over the next years;
Amendment 151 #
2015/2354(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Notes that companies, especially SMEs, are either not aware of the rules applicable in other Member States or have difficulties in finding and understanding the information on the rules and procedures applicable for their business; calls on the Commission to interlink all different portals, access points and information websites in a single gateway that will provide SMEs and start-ups with user-friendly information so that they can make well-informed decisions, save time and costs;
Amendment 152 #
2015/2354(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Calls on the Commission to develop the Points of Single Contact from a regulatory portal into a system of fully- fledged online business portals promoting regular exchange of information by and between business representatives and assisting national business or citizens to compete in other EU Member States;
Amendment 161 #
2015/2354(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises that the collaborative (or sharing) economy is growing fast reshaping old services and markets and changing the way that many services and assets are provided and consumed; underlines, furthermore, the strong link between these new business models and the performance of the single market; notes that the fast development of the sharing economy presents opportunities but also poses many challenges and legal uncertainties that might affect consumers, workers and traditional business providers and suppliers;
Amendment 171 #
2015/2354(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Member States to ensure that employment rights, high quality working conditions, effective social welfare coverage and a real level playing field in the single market are guaranteed in the growth of the sharing economy, taking into account its potential for more flexible forms of employment, identifying new forms of employment, enhancing the rights and protection of genuine self- employed workers;
Amendment 172 #
2015/2354(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the Commission’s announced initiative on the European agenda for the collaborative economysharing economy including the guidance on how EU law applies to this new sector, and its intention to look at that economy in order to assess what needs to be done in order to taccompanykle the challenges it poses, to support its growth and its major contribution to the economic system; welcomes the Commission approach to examine the extent to which the provisions of the Services Directive, the e-Commerce Directive and the EU consumer protection acquis are applicable to the sharing economy and if there is need for further regulation, calls on the Commission to go beyond these provisions and examine the issue of social security and employment rights of workers, health and safety norms, taxation and licensing;
Amendment 186 #
2015/2354(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that, in the collaborativesharing economy, the samesimilar rules should apply to the samesimilar services, with a view to ensuringpreserve the solid framework of existing regulations, safeguard high quality of services, independent of how their access and provision is organised, ensure a level playing field, and consumer safetrights and safety and full adherence to employment and social rights by companies operating in the sharing economy while avoiding fragmentation that would hamper the development of new business models;
Amendment 192 #
2015/2354(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Draws attention to the important role of standards for innovation and progress in the single market; calls on the Commission to support and reinforce European standards, including by exploiting the opportuniimproving implementation of technical standards, product safety rules and testing requirements and making the framework for standardisation more efficient and fit for purpose, in order to enhance innovation and progress in the single market; calls on the Commission to support more democratic and modernise European standardisation process not dominated solely by big private companies, voluntary standards and self-regulation by supporting social partners’, consumers organisations’ and SMEs’ initiatives offered by the ongoing negotiations for a Transatlantic Trade and Investment Partnership (TTIP); encourages the promotion of a greener single market for emerging low-carbon and environmental technologies, services and products through the development of a green technologies and standards across the EU;
Amendment 207 #
2015/2354(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission, being responsible for competition in the EU internal market, in cooperation with national surveillance authorities, to ensure a level playing field among competitors serving the market;
Amendment 218 #
2015/2354(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the importance of the unitary patent; supports the Commission’s intention to eliminate uncertainties as to how the unitary patent will coexist with national and supplementary protection certificates (SPCs), as well as the possible creation of a unitary SPC whilst keeping in mind public health and patients’ interests;
Amendment 226 #
2015/2354(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for measures to facilitate access to the patent system in Europe for all micro-enterprises and SMEs that wish to use the European patent with unitary effect in innovating their products and processes; recalls the importance to license standard- essential patents effectively, within the restraints of EU competition law, under FRAND licensing terms, in order to preserve R&D and standardisation incentives and foster innovation;
Amendment 233 #
2015/2354(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to present awithout delay a legislative proposal for the protection of geographical indications for non-agricultural products in the EU with the aim of establishing a single European system putting thus an end to a inadequate and highly fragmented situation in Europe, and offering many and varied positive effects for citizens, consumers, producers and the whole European economic and social fabric;
Amendment 240 #
2015/2354(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Notes that the new 2014 public procurement regime is less cumbersome, includes more flexible rules to better serve other public sector policies as well as Member States or local specialities; points out that there are still significant inefficiencies in public procurement across Member States that limit cross- border expansion and growth in domestic markets;
Amendment 241 #
2015/2354(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Supports the general approach set out in the Commission’s Communication in relation to public procurement to improve procurement decisions and the transparency and quality of procurement systems; encourages national procurement authorities to promote greener and more social tendering processes by including social and environmental criteria in the public procurement tenders; calls on the Commission to use the upcoming evaluation report and revision of the Remedies Directive to address problems such as ‘abnormally low bids’ and other social dumping practices in the procurement process;
Amendment 242 #
2015/2354(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. Agrees in principle with the Commission’s proposal to launch a voluntary ex-ante public procurement mechanism for large-scale infrastructure projects but suggests that the ceiling of EUR 700 million must be significantly lowered in response to the European Court of Auditors’ special report 10/2015, which detected errors relating to public procurement in around 40% of all the projects;
Amendment 243 #
2015/2354(INI)
Motion for a resolution
Paragraph 19 d (new)
Paragraph 19 d (new)
19d. Notes that consistent uniform application and proper enforcement of EU rules combined with regular monitoring and evaluation on the basis of qualitative and quantitative indicators, benchmarking and sharing of best practices is urgently needed to achieve more homogeneous implementation of existing single market legislation; recalls, therefore, the need to fully and thoroughly transpose and implement European rules concerning the functioning of the single market in all Member States;
Amendment 245 #
2015/2354(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Points out that many measures have already been adopted but are not yet appliedproperly enforced thus undermining the level playing field in the single market; points out, furthermore, that according to data provided by the Commission in mid- 2015, around 1 090 infringement proceedings were pending in the area of the single market; calls on the Commission, therefore, to ensure thatwith a view to improve transposition, application and enforcement of single market legislation, to ensure that administrative coordination, cooperation and enforcement isare prioritised at all levels (EU, between Member States and national, local and regional authorities);
Amendment 256 #
2015/2354(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to further support the Member States in developing a strong culture of compliance and enforcement, including bypromoting and broadening the Internal Market Information System (IMI), developing implementation plans for new major legislation and, organising compliance dialogues with Member States and trainings for national public servants in charge of enforcement; stresses that correct enforcement and better regulation are essential and should cover all business sectors and apply to existing and future legislation;
Amendment 259 #
2015/2354(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Notes that Member States play a crucial role in the good governance and proper functioning of the single market, therefore, they need to jointly exercise a pro-active ownership and management of the single market, generating a new political impetus through consolidated state-of-health reports on the single market, regular and thematic discussions at Competitiveness Council meetings, dedicated annual European Council meetings and the inclusion of the single market as a pillar of governance in the European Semester;
Amendment 260 #
2015/2354(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Reiterates that the EU could create its own set of scientifically-based, independent indicators on the degree of integration of the single market, to be published as part of the Annual Growth Strategy and calls for the adoption of a strategic paper of ‘the presidents’ of EU bodies a ‘Five Presidents Report’ to map the road to a Genuine Single Market;
Amendment 261 #
2015/2354(INI)
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21c. Stresses that the European Parliament’s Internal Market and Consumer Protection Committee must strengthen its ties with national parliaments in order to coordinate and address issues in relation to transposition and implementation of single market rules;
Amendment 262 #
2015/2354(INI)
Motion for a resolution
Paragraph 21 d (new)
Paragraph 21 d (new)
21d. Calls on the Commission to also strengthen the role of the institutional consultation of the social partners through the European Economic and Social Committee and the Committee of the Regions;
Amendment 265 #
2015/2354(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Emphasises that it is necessary to reinforce the Solvit network and to improve awareness of the network and its role in solving interpretation problems relating to the single marketpractical problem-solving gateways such as Solvit network and to improve funding, expertise, legal certainty of the procedures as well as raise awareness of the existence of the network among business and its role in solving interpretation problems relating to the single market; calls for a cooperation between SOLVIT and the Enterprise Europe Network (EEN) to be reinforced;
Amendment 270 #
2015/2354(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Stresses that the new Commission proposal to develop a market information tool gathering information directly from selected market players can be implemented only within the constraints of national and European competition law rules; calls on the Commission before taking any further steps to provide more information on the parameters of this proposal and to consult for this initiative not only selected market players but as well as social partners, consumers organizations, SMEs and start-ups to fully understand the workings of the market;
Amendment 274 #
2015/2354(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Takes note of the Commission proposal, as part of strengthening the single market for goods, to improve mutual recognition through action to increase awareness of the mutual recognition principle and through the revision of the Mutual Recognition Regulation; is sceptical with the Commission’s proposal for a traders’ self-declaration to legally bring a product into the market, as this might increase non-compliant products, threaten consumers’ health and safety and damage competition in the single market; calls instead on the Commission to ensure better market surveillance system by developing a European market surveillance framework and wider access to information about dangerous products which should help reduce non-compliant products in the single market; furthermore calls on European and national market surveillance authorities to investigate all claims of fraud vigorously;
Amendment 293 #
2015/2354(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Reiterates its call for the rapid adoption of the Product Safety and Market Surveillance Package by the Council and calls on the Commission to fully engage in its role as a solution facilitator in this respect; underlines the importance of the indication of country of origin, which is crucial to protect consumers and to strengthen the fight against counterfeiting;
Amendment 301 #
2015/2354(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that regulatory differences between Member States regarding differing labelling or quality requirements for the same products in different Member States create unnecessary obstacles to the activities of suppliers of goods and discriminate against different consumers; calls on the Commission to consider introducing a mandatory scheme for the provision of key information for furniture, established at EU levellabelling and quality scheme for products, established at EU level, for providing consumers with key information and ensuring equality in products’ quality in the different Member States; considers that such an initiative would be beneficial for consumers, industries and trade operators, ensuring transparency, adequate recognition of European products and harmonised rules for operators in the single market;
Amendment 307 #
2015/2354(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Emphasises, in respect of the single market in services, that there is a clear need to improve the cross-border provision of services, while reconciling economic freedoms and workers’ rights; urges the Member States to ensure proper and more effective application of the Services Directive, while avoiding the practice of gold-plating; welcomes the Commission proposal to improve notification under the Services Directive; agrees to extend the notification procedure provided for in Directive 2015/1535 to all the sectors not covered by that directiveand proper implementation of the Services Directive; reiterates that facilitating the temporary provision of services by companies in another Member State should go hand in hand with guaranteeing the protection of workers posted to another Member State and ask for the revision, without delay, of the Posting of Workers Directive in order to ensure full respect of workers’ rights and of the equal treatment principle and to fight effectively social dumping and unfair competition;
Amendment 320 #
2015/2354(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Acknowledges the Commission’s efforts to open up services’ markets within the parameters of the Services Directive and to improve notification under the Services Directive but considers, that the outcome of such exercise should enable a framework which allows employment and social standards in the service sector to be maintained and expanded as defined by Art. 3 of the EU Treaty; recognises that Member States are responsible for defining their social policy objectives and stresses that possible extension of the notification procedure provided for in Directive 2015/1535 to sectors not covered by that directive may not be misused to indirectly subject services, such as those in the general interest (public services) and that national, democratic law-making is fully respected;
Amendment 322 #
2015/2354(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. SupportConsiders the Commission proposal to introduce a services passport to helpdemonstrate that service providers demonstrate that they satisfy the requirements applicable to them in the Member State where they wish to provide their service on a temporary basis, but regrets that the Commission has not consulted with the sectors it has prioritised before suggesting this initiative in the Single Market Strategy; opposes the country of origin principle and the introduction of issues affecting workers including the notion that information required under the Posted Workers Directive should be covered by a services passport; considers that this initiative should be aimed at reducing unjustified administrative burden for service providers and simplifying the procedures applicable to cross-border service provision and that it should be limited to services regulated by Directive 2006/123/EC on services in the internal market; stresses that the services passport shall not replace or diminish in any way the necessary controls and inspections by the host Member States and that competent authorities in the host country should be able to have specific access to key documents;
Amendment 344 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Stresses that the creation of a truly fairer single market is essential for achieving the social and economic aims of the Union for a highly competitive social market economy aiming at full employment and social progress and a high level of protection and improvement of environmental quality and standards;
Amendment 345 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Calls on the Commission to draw up a detailed assessment on the social impact of the single market legislation, as it has done on the economic impact and to include the "Monti II" clauses in all single market legislation;
Amendment 346 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 c (new)
Paragraph 27 c (new)
27c. Calls on the Commission to adopt a clear single market legislative agenda to strengthen workers’ rights, improve working conditions, promote equal treatment, prevent social dumping and exploitation of workers and ensure fair competition among the Member States;
Amendment 347 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 d (new)
Paragraph 27 d (new)
27d. Welcomes the fact that the strategy refers to the high level of unemployment across the EU, but regrets that it does not present specific steps and measures that can help people find employment, such as improving education and training standards, meeting lifelong learning targets, and tackling skills mismatches and qualifications of workers and professionals; considers that it is self- evident that the single market is changing rapidly due to digitalisation of the different industries and the new jobs will require a different set of skills and qualifications;
Amendment 348 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 e (new)
Paragraph 27 e (new)
27e. Disapproves that the Commission did not adopt any specific measures in the Single Market Strategy to address the needs of people and consumers with disability, elderly people and people living in rural and remote areas;
Amendment 349 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 f (new)
Paragraph 27 f (new)
27f. Supports the Commission’s initiative to review the regulated profession, but reminds that any exercise should maintain high quality standards for employment and services, sound qualifications and consumers’ safety;
Amendment 350 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 g (new)
Paragraph 27 g (new)
27g. Regrets that the Commission’s Communication does not announce any proposal in relation to the social economy although it plays a key role in the EU’s social and economic development; urges the Commission to explore the potential of this emerging sector and without undue delay to improve its visibility and a regulatory environment for social enterprises;
Amendment 351 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 h (new)
Paragraph 27 h (new)
27h. Is of the opinion that a legal framework encompassing the different forms of social economy in Europe, i.e. cooperatives, foundations, mutual societies and associations will enable social economy enterprises, which do not benefit from the same measures applicable to SMEs, to operate on a legally sound basis and thus enjoy the advantages of the internal market and free movement; furthermore calls for the development of the Social Business Initiative (SBI), mainstreaming social entrepreneurship and social economy enterprises into the Small Business Act, and adopting the Statute for Mutuals;
Amendment 352 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 i (new)
Paragraph 27 i (new)
27i. Regrets that the Commission’s Communication does not suggests any proposal to acknowledge the specific character of public services within the single market and in particular to adopt a legal framework for services of general economic interest (SGEI) based on Protocol N26 and Article 14 of the TFEU, for instance in relation to quality requirements and notably with regard to social and territorial cohesion;
Amendment 355 #
2015/2354(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. SEmphasises that the genuine single market should provide benefits and protection for citizens, consumers and businesses in terms of better quality, greater variety, reasonable prices, and safety of goods and services; stresses that unjustified discrimination against service recipients (consumers and entrepreneurs) on the basis of nationality or place of residence, in both online and offline environments, is not acceptable within the single market;
Amendment 360 #
2015/2354(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Agrees that when purchasing goods and services in the single market, consumers need transparent information and a set of modern and solid rights to protect their interests; is of the opinion that any review, merger or consolidation of consumer law directives should provide for a truly high level of consumers’ protection and enforceable rights, recognising existing best practices from national legislation;
Amendment 362 #
2015/2354(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. Calls on the Commission to analyse the current legal uncertainties affecting consumers and if necessary to resolve them through clarification and supplements to the legal framework of consumers rights; reiterates its commitment to the principle of flexible harmonisation for any proposed EU legislation concerning consumers and that full harmonisation is only applied when it sets a very high level of consumer protection and provides clear benefits for consumers;
Amendment 363 #
2015/2354(INI)
Motion for a resolution
Paragraph 28 c (new)
Paragraph 28 c (new)
28c. Stresses that consumers must be able to exercise their rights easily; welcomes the implementation of the ADR Directive and Commission’s new online dispute resolution (ODR) platform; notes that redress mechanisms applicable across the Union have yielded limited results and therefore urges the Commission to bring forward a legislative proposal to ensure implementation of an affordable, expedient and accessible Europe-wide collective redress system;
Amendment 4 #
2015/2346(INI)
Motion for a resolution
Recital A
Recital A
A. whereas observers of the single market over the years consider that it makes a significant contribution to European economies;
Amendment 8 #
2015/2346(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, more than 20 years after the launch of the single market, unjustified non-tariff barriers (NTBs) continue to bedevilaffect trade between Member States and slow consideration of legislation may continue to create new unjustified NTBs;
Amendment 14 #
2015/2346(INI)
Motion for a resolution
Recital C
Recital C
C. whereas labour mobility is restricted by the fact that 25 % of regulated professions are regulated in only one Member State;
Amendment 17 #
2015/2346(INI)
Motion for a resolution
Recital D
Recital D
D. whereas only 2 % of young SMEs and micro enterprises have undertaken cross- border expansion through foreign direct investment;
Amendment 21 #
2015/2346(INI)
Motion for a resolution
Recital E
Recital E
E. whereas for consumers, gaps in the single market can lead to less product choice and to goods and services being more expensive;
Amendment 26 #
2015/2346(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the complexity of the current VAT regime can also be considered a NTB;
Amendment 27 #
2015/2346(INI)
Fb. whereas anti-competitive tax deals between Member States and large multinational companies can be considered an unjustified NTB;
Amendment 35 #
2015/2346(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Realises that despite the removal of tariff barriers since 1 July 1968, the free movement of goods and services has continued to be hampered by unjustified non-tariff barriers (NTBs) such as national technical rules and requirements governing products and service providers;
Amendment 36 #
2015/2346(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 37 #
2015/2346(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Understands an NTB as being a cost introduced byunjustified regulatory action which must be bornecan create a cost by a firm which seeks to enter a market, and which is not borne by firms already in the market, or a cost which accrues to non- national firms which is not borne by domestic firms;
Amendment 45 #
2015/2346(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that where such NTBs can be justified as proportionate, information on differing national regulatory requirements should be easily accessible; considers that the implementation of the present system built around a diverse range of contact points, including Product Contact Points and Single Points of Contact, i has dbeeply unsatisfactoryn inconsistent across Member States and is overly complex; urges the Commission and the Member States to place greater emphasis on streamlining and improving these systems, understanding that by being more open and accessible as regards regulatory requirements their Member State becomes more attractive for inward investment;
Amendment 51 #
2015/2346(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Reminds that this debate on NTBs should not be used as a cover-up for a political agenda on deregulation;
Amendment 53 #
2015/2346(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Believes that national regulatory measures sometimes are the result of missing legislative proposals from the Commission;
Amendment 54 #
2015/2346(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 59 #
2015/2346(INI)
Amendment 69 #
2015/2346(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 79 #
2015/2346(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Draws attention toNotes the issue of ‘gold- plating’, i.e. the tendency ofoption for national governments to load transposed directives with additional rules that add to business burdens and costsinclude additional national rules in transposed directives, for legitimate policy goals, which may, however, increase the complexity of the legal environment; considers, therefore, that greater use should be made of regulations instead of directives to ensure more consistent legislation;
Amendment 96 #
2015/2346(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that unequal application of the same rules in different Member States has the potential to create new unjustified NTBs; considers that transposition workshops should be held in order to minimise divergences at an early stage;
Amendment 98 #
2015/2346(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Believes the Commission should increase their use of guidelines in regards to the implementation of directives since this can be a useful tool to ensure a larger degree of uniform implementation;
Amendment 104 #
2015/2346(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that since economies of scale are reduced by the need to run different product lines, the burden falls disproportionately on SMEs and micro enterprises;
Amendment 106 #
2015/2346(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 115 #
2015/2346(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that many national administrative practices also give rise to unjustified NTBs, including requirements for formalising of documents by national bodies or offices; considers that Member States should concentrate on e-governance, which includes prioritising interoperability, and EU-wide e-ID and digital signatures, as a way to reduce barriers, building on examples such as those in Estonia and Denmark, where a transition to digital services has simplified administration for businesses and citizens;
Amendment 130 #
2015/2346(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Highlights that many businesses are not aware of mutual recognition and believe that they have to comply with national requirements in the Member State of destination when trading in the single market; calls on the Commission to prioritise awareness-raising in this area;
Amendment 142 #
2015/2346(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 149 #
2015/2346(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Emphasises that the notification obligation contained in the Services Directive could have been effective in reducing or eliminating unjustified NTBs, but has been neglected by Member States and the Commission; welcomes, therefore, the renewed focus on the notification procedure in the Single Market Strategy, as through early engagement as regards proposed regulatory measures, disproportionate or unjustified national measures can be revised to resolve issues before they occur; believes further that more detailed justifications should be asked from the Member States when introducing new regulatory measures;
Amendment 171 #
2015/2346(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Points out that manysome of the Member States’' regulations on the access and exercise of regulated professions armight be disproportionate and therefore can create unnecessary regulatory obstacles to the mobility of professionals;
Amendment 178 #
2015/2346(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to address the reform priorities of Member States in the area of professional services in the context of the European Semester and country- specific recommendations on deregulating certain professions in the Member States;
Amendment 188 #
2015/2346(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Points out that restrictive regulations on retail and wholesale activities create significant barriers to entry, leading to fewer new outlet openings, hampering competition and leading to higher prices for consumers; underlines in this regard that some fees, inspection charges and other measures may prima facie serve legitimate public policy objectives, but through the use of thresholds or other criteria function as NTBfunction as NTBs if they are not justified by legitimate public policy objectives; believes that all operational restrictions placed on retail or wholesale activities should not unduly or disproportionately restrict these activities, and must not lead to de facto discrimination between market operators;
Amendment 198 #
2015/2346(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Calls on the Commission to initiate timely consideration of EU policy and legislative action in emerging areas, with wide stakeholder consultation in particular SMEs and civil-society organisations;
Amendment 204 #
2015/2346(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Commission to deepen its work on enforcement and the principles which underpin the single market; believes that early intervention with regard to national measures or implementation procedures which constitute unjustified NTBs may be effective and results more readily achieved than through infringement proceedings; underlines, nevertheless, that for serious or persistent failures or misapplication of Union law, particularly in areas of single market and economic interest, the Commission may prioritise infringement actions;
Amendment 205 #
2015/2346(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Regrets that the Parliament's access to relevant information relating to pre- infringement and infringement procedures is still limited and calls for improved transparency in this regard, with due respect to confidentiality rules;
Amendment 209 #
2015/2346(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Member States to view the single market as a joint initiative which requires coordinated and collective maintenance; believes that those who ultimately suffer the consequences of NTBs are domesticunjustified NTBs are consumers, who are denied access to new entrants to domestic markets, and face higher costs and reduced choice; considers that Member States should dedicate further time to horizontal single market concerns and to identifying areas requiring priority action by one or more Member States, in order to maintain and further the single market;
Amendment 108 #
2015/2340(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the EU to note that the majority of victims of THB are women or children, who are in a weaker position; recalls that sexual exploitation is often associated with THB, and that the EU should continue its efforts to combat it; considers that as many people as possible who have become victims of THB on the basis of sexual exploitation should be given access to an aid system which entitles them to legal advice, protection and support;
Amendment 124 #
2015/2340(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the EU to become aware of the growing link in third countries between commercial surrogate motherhood and THB;
Amendment 8 #
2015/2323(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is concernedNotes that the liberalisation and integration of the retail energy markets is still not complete, resulting in insufficientlimited competition and choice of suppliers; Notes, however, that natural monopolies occur in the area of energy distribution, where consumers need additional protection to ensure that monopolies do not abuse their dominant market position;
Amendment 14 #
2015/2323(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that EU policy on unbundling and increasing competition in the energy market needs to be developed with due regard to addressing tax evasion and aggressive tax planning which occurs, for example, through the establishment of complex company structures; calls on the Commission to address the issue of aggressive tax evasion in the energy market, especially of natural monopolies such as energy distribution operators, where consumers are not able to switch away from providers who are not paying their fair share of taxes due to their monopoly position on the market;
Amendment 16 #
2015/2323(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Urges the Commission to take concrete action to better link wholesale and retail markets and to achieve a phasing-out of regulated pricelimit unnecessary regulation of prices; notes, however, that consumers still need to be protected from sudden high price rises by energy providers or energy distribution operators;
Amendment 32 #
2015/2323(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for further measures to make switching between providers easier and faster, including a shortened switching period and effective and secure data portability, in order to prevent the lock-in of consumers;
Amendment 35 #
2015/2323(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the importance of access to real time or near real time comparable information on energy consumption and related costs; calls therefore for the rapid deployment of ICT, e.g. mobile applications, online platforms, data hubs and smart meters within a clear framework on data protection, security, and access to data for all market participants, thereby ensuring that, which is designed for the benefit of the consumer with the consumers retaining full control over their data;
Amendment 53 #
2015/2323(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to take further action to improve the frequency of energy bills and their clarity, comparability and transparency as regards types of energy sources, consumption, taxes and price structure; calls for EU guidelines on price comparison tools, e.g. on transparency and reliability, and for access for all consumers to at least one price comparison tool for energy services;
Amendment 66 #
2015/2323(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Believes that a key objective of the review of the electricity market design should be to ensure stable and affordable energy prices through sufficient investment into the electricity market, and give consumers more choices and better control over their participation in a fully functioning and efficient energy market; calls for simple market access and electricity balancing responsibility for prosumers, fair distribution of costs and benefits, and a high level of consumer protection;
Amendment 102 #
2015/2323(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Reminds that customer choice is limited in distribution networks due to their nature as natural monopolies, i.e. that customers cannot switch their distribution system operator; Stresses the need for adequate market monitoring of distribution network operators that protects customers from sudden increases in distribution bills, for example by setting a legal maximum percentage to one-time increase;
Amendment 103 #
2015/2323(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to analyse the issue of aggressive tax planning and tax evasion in the energy market, especially of natural monopolies such as distribution network operators;
Amendment 120 #
2015/2316(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls attention to the specific types of violence to which women and young femalechildren migrants are subjected; like human trafficking, sexual abuse, forced marriage and slavery.
Amendment 215 #
2015/2316(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Recalls that migration and climate change are linked and implementation of anti-climate change measures is an important part to addresses the root causes of migration.
Amendment 285 #
2015/2316(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for actions to targeting smuggling networks and stop the trafficking in human beings; calls for safe legal access routes to be developed for migrants and asylum seekers, for resettlement programmes to be stepped up, humanitarian visas granted and visas, including airport transit visas, to be suspended for people fleeing conflict zones;
Amendment 9 #
2015/2272(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
– having regard to the European Parliament resolution of 17 December 2015 on arms export: implementation of Common Position 2008/944/CFSP,
Amendment 16 #
2015/2272(INI)
Motion for a resolution
Recital A
Recital A
A. whereas many present and future challenges and threats to the EU are complex and will come from inside just as much as from outside the common borders; whereas a stronger political will for resolute common action on the part of the EU and its Member States is needed in order to respond effectively to these challenges, to safeguard the EU’s values and societal model and to be a stronger and more strategic global actor; whereas the EU Global Strategy on foreign and security policy must pave the way for this development;
Amendment 31 #
2015/2272(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the threats identified in the 2003 European Security Strategy – terrorism, weapons of mass destruction, regional conflicts, state failure, spread of epidemics, and organised crime – remain for the most part relevant; whereas today the EU is faced with a number of additional challenges, such as the attempts by revisionist powers to redraw borders by force and challenge rules-based global order, climate change, major migratory flows,uncontrolled spread of weapons and arms stockpiling, climate change, antimicrobial resistance, major migratory flows, rise of inequality and political extremism and cyber and hybrid warfare and threats;
Amendment 34 #
2015/2272(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas Europe's security architecture has been based on the Organisation for Security and Cooperation in Europe (OSCE); whereas the EU is a key player in the OSCE;
Amendment 37 #
2015/2272(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the EU supports a comprehensive and cooperative approach to security;
Amendment 46 #
2015/2272(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a swift and efficient response to threats on the part of the EU requires that interinstitutional barriers be overcome and silo mentalities broken down and sufficient and flexible budgetary resources are allocated to support the achievement of the EU's interests;
Amendment 52 #
2015/2272(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the comprehensive approach and the consistent and coordinated use of the EU’s external and internal policy instruments should be at the core of the new strategy; whereas EU arms exports cannot be considered in the direct security interests of the EU and the Common Position 2008/944/CFSP should be taken into account in the context of developing a n EU Global Strategy;
Amendment 56 #
2015/2272(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas human security has to be at the heart of the EU Global Strategy and the gender perspective to security and the UN Resolution 1325 needs to be fully taken into account;
Amendment 59 #
2015/2272(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the new strategy has to be in line with the 2030 Agenda for Sustainable Development;
Amendment 73 #
2015/2272(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the primary objective of the EU must be to guarantee the security and well-being of its citizens and of its territory while safeguarding its values and societal model and pursuing its fundamental interests as well as eradicating poverty and advancing sustainable development and solidarity globally. The EU must therefore ensure both its internal and its external solidarity and resilience, its capacity to anticipate, pre-empt and resolve predictable challenges and threats and to be prepared to take swift action on unpredictable threats, and its capacity to recover from various types of challenges or attack, as well as safeguarding our fundamental values, rights and freedoms as well as the security of supply of energy and raw materials;
Amendment 85 #
2015/2272(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises the importance of a fully comprehensive and cooperative approach to security; calls in this regard on the EU to work for a strengthened OSCE and the reinvigoration of the role of the OSCE in order to make better use of all OSCE instruments and policies;
Amendment 113 #
2015/2272(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that in future the EU and its Members States will have to rely less on the United States and take greater responsibility for their own security and territorial defence.; perceives the need for a renewed commitment and concerted effort to provide political impetus to our common security concept on the basis of the OSCE; Calls on the EU and theits Member States, therefore, to link on to such positive initiatives that seek to forward dialogue on wider European security within the framework of the OSCE; Calls on the EU and the Member States to improve their strategic autonomy regarding defence capabilities and capacities, in order to be prepared to respond to the broad spectrum of civilian and military threats and risks, in full complementarity with NATO, while respecting human rights and European values; notes that the EU Battlegroups reached full operational capability in 2007 and calls for the strengthening of the EU's ability to deploy capabilities effectively and rapidly;
Amendment 119 #
2015/2272(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that the Commission's report on the European Union in a changing global environment predicts that humanitarian crises will become the 'new normal'; notes that the EU has to be prepared to respond to this new situation;
Amendment 133 #
2015/2272(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Urges the EU in consequence to enhance coherent and structured cooperation on defence research, the industrial base and cyber defence through pooling and sharing, in order to use defence budgets more efficiently, however, in this context stresses the legally binding framework of the Common Position on arms exports 2008/944/CFSP. The European Defence Agency’s role needs to be strengthened and its resources increased to enable it to act more effectively. Member States should take more responsibility for building European capabilities and increase their military research expenditure through the EDA. Furthermore, a true European intelligence and forecasting capacity needs to be developed, which also requires a sufficient allocation of funds;
Amendment 178 #
2015/2272(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that arms export controls are an integral part of EU foreign and security policy and must be guided by the principles enshrined in Article 21 TEU, notably the promotion of democracy and the rule of law and the preservation of peace, prevention of conflicts and strengthening of international security; recalls that it is crucial to ensure coherence between arms exports and the credibility of the EU as a global human rights advocate; is deeply convinced that a more effective implementation of the eight criteria of the Common Position would represent an important contribution to the development of the EU Global Strategy;
Amendment 182 #
2015/2272(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the Commission to assess the impact of EU exports of arms, surveillance technology and dual use technology to third countries on the EU's security landscape and on the effectiveness of the EU's foreign policy including humanitarian and development policy efforts;
Amendment 183 #
2015/2272(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls on the Member States to respect the Common Position on arms exports and to cease arms trade with third countries who do not fulfil the criterion listed;
Amendment 203 #
2015/2272(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that in order to gain more credibility as a global security and foreign policy actor, the EU should take greater responsibility and focus on filling the security vacuum in its neighbourhood and among our neighbours’ neighbours; however, also recognizes the role of EU arms transfers to states in conflict which may have contributed to these conflicts;
Amendment 241 #
2015/2272(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for a long-term strategy and sustainable management of asylum and migration policies on the basis of common principles and solidarity and with due regard to human rights and human security; in this context, asks the Commission to propose effective and sustainable solutions; believes that in this regard the EU should promote a more practical and comprehensive approach to assistance in Africa;
Amendment 245 #
2015/2272(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls for Members States to honour the commitment of using 0,7 % of GDP towards development aid;
Amendment 316 #
2015/2272(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 336 #
2015/2272(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises that enhancing cooperation with global and regional actors on global threats and challenges is necessary in order to achieve a global rules-based order; believes that pairing up on specific sectoral issues with interested regional actors allows European values to be shared and contributes to growth and development; notes that establishing closer relationships with non- state actors and civil society is also necessary and that the way the EU builds and defines partnerships needs to be reviewed;
Amendment 350 #
2015/2272(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that the Union’s prosperity is determined by its capacity to stay competitive and to profit from a high- paced global economy. The EU must use all its policy tools in a coherent manner to create favourable external conditions for the sustainable growth of the European economy. The EU must be an engaged and active actor, promoting free and fair trade and investment, secure trade channels and increased market access throughout the world, and safeguarding the stability of the global financial system;
Amendment 362 #
2015/2272(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Emphasises that the EU must continue and reinforce its efforts to promote economic development and resilience in its neighbourhood and in regions that are critical to EU interests; notes that fair trade is essential for building peace and interdependence and the EU should use the available trade tools to promote the economic development of its neighbours and other partners with due account to working towards reducing inequality;
Amendment 63 #
2015/2256(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Draws the attention to the fact that many of the identified challenges to investment relate to the functioning of the Single Market and transposition and implementation of Single Market law; asks the Commission to rigorously monitor Member States' follow-up on the identified challenges and barriers to investment, engage in regular structured compliance dialogue with Member States and use its powers and take action where appropriate in order to remove unjustified and disproportionate barriers to the Single Market;
Amendment 64 #
2015/2256(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Considers that EU2020 objectives on employment, social exclusion and education should be incorporated into the context of the European Semester and given equal weight alongside economic targets.
Amendment 104 #
2015/2256(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls that in 2014, the EU adopted a major overhaul of the EU procurement framework, simplifying procedures, making the rules more flexible and adapting them to better serve other public sector policies.
Amendment 105 #
2015/2256(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Points out that there are still significant inefficiencies in public procurement across MS that limit cross- border expansion and growth in domestic markets. Stresses the need for proper and timely transposition and implementation of public procurement and concessions legislation by Member States. Believes correct implementation of the 2007 Remedies procedure would ensure public procurement is more efficient, effective and transparent.
Amendment 111 #
2015/2256(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Welcomes the second Interoperability Solutions for European Public Administrations programme (ISA²), expected to start on 1 January 2016, which will support the development of interoperable digital solutions, available to all interested public administrations as well as businesses and citizens in Europe, free of charge.
Amendment 153 #
2015/2256(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Emphasises that private and public investments in fast and ultra-fast communication networks, are a requirement for any digital progress, that must be incentivised by a stable EU's regulatory framework enabling all players to make investments including in rural and remote areas;
Amendment 154 #
2015/2256(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Highlights the importance of a successful implementation of EFSI to maximise investments, and to support innovative companies at different funding stages of their development; stresses, where there is market failure, the importance of fully exploiting the public funds already available for digital investments, of enabling synergies between EU programmes, such as Horizon 2020, CEF, other relevant structural funds and other instruments;
Amendment 331 #
2015/2220(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Emphasises that deeper political and economic relations must be based on shared values and correspond to an active and concrete engagement by Kazakhstan on political and democratic reforms, stemming from its international obligations and commitments; notes that Kazakhstan is the first Central Asian partner with whom the EU has negotiated an Enhanced Partnership and Cooperation Agreement (EPCA);
Amendment 336 #
2015/2220(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Refers, in this regard, with emphasis to the EP recommendations on the negotiations for an EU-Kazakhstan Enhanced Partnership and Cooperation Agreement (EPCA) of 22 November 20121 which are crucial for the European Parliament's consent to the conclusion of the new EPCA and for future EU- Kazakhstan cooperation; __________________ 1 Texts adopted, P7_TA(2012)0459.
Amendment 346 #
2015/2220(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Regrets, with deep concern, in this regard, the increasing deterioration in the fields of freedom of the media, freedom of expression, and freedom of association and assembly; reiterates and stresses that concrete and tangible progress of political reforms has been linked to the progress in the negotiation of the new EPCA; calls on Kazakhstan to make every effort to ensure that its legislation is in line with Council of Europe standards and that it guarantees the full implementation of the fundamental freedoms without imposed self-restrictions; encourages Kazakhstan in this respect to review and amend its new Criminal Codes related to the criminalisation of libel as it undermines the fundamental freedoms;
Amendment 151 #
2015/2147(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the digitalisation of the Single Market will bring drastic changes which are not only structural or technical in nature, but which will affect citizens directly and all spheres of human life and interactions;
Amendment 153 #
2015/2147(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas consumers of the Single Market are first and foremost citizens who take on various roles of actors within society;
Amendment 168 #
2015/2147(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Communication on ‘A Digital Single Market Strategy for Europe’; believes that the horizontal approach taken needs to be strengthened in its implementation as the digital sector affects every dimension of society and the economyapart from the economy, each citizen and every dimension of society; stresses therefore that the digitalisation of the Single Market has to be developed together with all citizens and for their benefits; reminds in this respect that technological modernisation of the Single Market must not be an end in itself or solely for economically reasoned benefits;
Amendment 177 #
2015/2147(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Agrees with the Commission that the governance and timely delivery of the Digital Single Market is a shared responsibility of the European Parliament, the Council and the Commission; encourages the Commission to engage with societal and social stakeholders and to involve them in the decision making process to the widest extent possible;
Amendment 184 #
2015/2147(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to conduct a study which explores the wider impact of digitalisation on European societies in order to establish how and to which degree the phenomena has altered life in each and every Member State and to share these findings with all EU institutions and Member States; on this basis to assess whether and to which extent further action in the respective policy fields is required;
Amendment 185 #
2015/2147(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises that right from the outset, the development of the DSM needs to ensure equal and unrestricted access for all citizens by paying special attention to the particular needs and diverse requirements of persons with disabilities and the elderly, including all others who belong to vulnerable groups;
Amendment 186 #
2015/2147(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Emphasises furthermore that the EU citizens' human autonomy and dignity have to be safeguarded and protected through prudent legislative or regulative measures in order to build the basis for trust needed in the new digital environment and e-interactions and to pre-empt negative consequences as far as this is possible; perceives in this respect also the need to ensure the right to privacy, the citizen's individual private sphere and their right for being off-line and off-supervision in an digitalised environment;
Amendment 221 #
2015/2147(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that users’ trust in digital services is vital to innovation and growth in the digital economy and that reinforcing that trustrust-building measures should be at the basis of both public policy and business models; believes that while digitalisation and Big Data promise great possibilities, such trust-building measures have to include high quality technology standard guarantees; proposes in this regard to consider the testing of algorithm programming codes of interface software systems on their 'road worthiness' as part of an error prevention monitoring management;
Amendment 235 #
2015/2147(INI)
Motion for a resolution
Paragraph 3 – indent 1 (new)
Paragraph 3 – indent 1 (new)
- Points out that the impacts of the digital revolution on social standards and labour conditions have to be taken into account while adapting current laws and regulations in order to protect citizens and companies alike; encourages the Commission to conduct a comprehensive analysis of the quantitative and qualitative effects of digitalisation on employment conditions;
Amendment 322 #
2015/2147(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned about the different national approaches taken to regulating the internet and the sharing economy; urges the Commission to take action to preserve the integrity of the single market and the internet as an open and global platform for communication and innovation; notes in this regard the need for businesses engaging in the sharing economy to comply with EU and national legislation on social and labour standards as well as taxation; encourages new innovative business models for the digital economy, but underlines the importance that these are developed taking into account existing legislation on social and labour standards and taxation;
Amendment 334 #
2015/2147(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Regrets that the Commission's strategy neglects the accessibility aspect; reminds the Commission that there are 80 million EU citizens with disabilities and an aging population of 190 million of 50+; calls therefore on the Commission to ensure an appropriate level of accessibility in all legislative and non- legislative proposals related to the Digital Single Market; emphasises that accessibility is best achieved and cost- effectively introduced when incorporated from the outset;
Amendment 413 #
2015/2147(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes that a full harmonisation of the legal framework governing online sales irrespective of whether they are cross- border or domestic sales, while maintaining the coherence of online and offline rules regarding legal remedies, constitutes the most practical and proportionate approachB2C digital content purchases irrespective of whether it is embodied on tangible mediums or intangible format, in particular rules on conformity, remedies in case of lack of conformity, termination and modification of B2C digital content contracts, irrespective of whether they are cross- border or domestic sales, constitutes the most practical and proportionate approach in order to close legal gaps and to improve the conditions for the functioning of the internal market;
Amendment 426 #
2015/2147(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Draws attention to the need to adjust intellectual property rights when online sales of B2C digital content products are being newly regulated; stresses that digital content products or services supplied to the consumer must be free of any rights of a third party;
Amendment 427 #
2015/2147(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Underlines the need to define liability of the seller of digital products and services in B2C contracts for any failure to supply or to provide access to the digital content product or service and for any lack of conformity; points to the obligation of the seller to have the burden of proof with respect to the conformity of the digital content product or service;
Amendment 428 #
2015/2147(INI)
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Draws attention to the need for equivalent legal remedies for intangible digital goods and services which are offered to consumers ostensibly for free;
Amendment 430 #
2015/2147(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Is concerned about the intention to create a separate legal instrument for online sales of tangible goods, as such an instrument would inevitably create an undesirable disparity between the applicable laws for offline and online purchases and believes that these questions should be addressed within the REFIT process;
Amendment 467 #
2015/2147(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Requests an ‘Active Consumers’ strategy to assess in particular whether consumer switching is facilitated in the online world, and whether action is needed to make consumer switching easier, in order to boost competition in online markets; points further to the need to ensure accessible e-commerce services through the whole value chain, including accessible information, accessible payment mechanisms and customer service;
Amendment 476 #
2015/2147(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to explore the possibilities of introducing an EU trustmark for online sales in order to induce trust, particularly in relation to cross-border online sales, points to the already existing Trustmark schemes in Member States and call on the Commission to draw best practices from these experiences;
Amendment 499 #
2015/2147(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Welcomes further the Commission's initiative to review the Regulation on Consumer Protection Cooperation;
Amendment 500 #
2015/2147(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Regrets the Communication's neglect of abusive and unfair lending practices targeting consumers via email, text messages or mobile applications while consumers are still bearing the costs of the financial market crisis, points out that due to the often very high interest rates of such credits even small amounts can quickly accumulate and lead to consumers excessive indebtedness;
Amendment 501 #
2015/2147(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Calls for the introduction of guidelines on limiting excessive aggressive advertisement of abusive lending practices and amendment of the regulations on assessments of creditworthiness of consumers; welcomes the upcoming revision of the EU Directive on Misleading and Comparative Advertisement;
Amendment 502 #
2015/2147(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Calls on the Commission to come forward with the proposal for a European Accessibility Act, which it has been preparing for several years and which would improve accessibility of goods and services in the single market, including the digital single market;
Amendment 511 #
2015/2147(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that accessible, affordable, efficient and high-quality delivery services are an essential prerequisite for thriving cross-border e-commerce; supports the proposed measures to improve price transparency, interoperability and, delivery times and information schemes on liabilities in case of loss or damage as well as the regulatory oversight that should target both the smooth functioning of cross-border parcel delivery markets and compliance with relevant social and labour rights, allowing enough flexibility for the delivery market to evolve and adapt to technological innovations but calls upon the Commission to and Member States to refrain from further deregulating the parcel delivery and postal services sector in a way which could lead to unreliability and precarious working conditions;
Amendment 588 #
2015/2147(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Supports the Commission's plan to address geo-blocking in an effective manner by supplementing the existing e- commerce framework; considers it vital to focus on technological measures and technical practices resulting in unjustified limitations on access to information society services provided across border, on the conclusion of cross-border contracts to buy goods and services, but also on adjacent activities, such as payment and delivery;
Amendment 618 #
2015/2147(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Further points out the importance of the ongoing competition sector inquiry into the e-commerce sector in order to investigate, inter alia, whether geo-blocking restrictions, such as discrimination on the basis of IP address, postal address or country of issue of credit card as compared, infringe the rules of EU competition law; stresses the importance of increasing consumer and business confidence by introducing changes to the Block Exemption Regulation, most importantly Article 4a and Article 4b, in order to limit undesirable re-routing and territorial restrictions;
Amendment 689 #
2015/2147(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Welcomes the upcoming review of the Universal Services Directive, which will provide an opportunity to re-examine the availability of broadband internet access, including in remote areas and consumers' rights related in the context of universal services provision; believes that access to broadband should be classified a service of general interest;
Amendment 818 #
2015/2147(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Urges the Commission to develop an innovation-friendly policy that fosters competition between, and innovation in, online platforms to ensure a level playing- field; considers that the priorities should be transparency, facilitation of switching between platforms or online services, access to platforms, and identifying and addressing barriers to the emergence and scale-up of platforms;
Amendment 868 #
2015/2147(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Appreciates the Commission’s initiative to analyse the role of platforms in the Digital Economy as part of the up- coming Internal Market Sstrategy and urges the Commission to also focus on identifying possible gaps in terms of consumer protection;
Amendment 902 #
2015/2147(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Stresses that particularly business models of the sharing economy foster more and more flexible and atypical employment schemes, which may on the one hand allow for more flexibility and a better work-life balance in the EU where life expectancy is high and will become even higher, but on the other hand my also increase the number of precarious working conditions, most importantly through an ever higher number of solo- self-employed contractors; calls on the Commission and Member States to provide improved social security schemes in order to protect those who find themselves in precarious and exploitive solo-self-employment;
Amendment 952 #
2015/2147(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls for the establishment of a Supervisory and Certifying body for testing the artificial intelligence interface systems of their 'road worthiness' in order to monitor error prevention and reduce fatal human consequences of such errors; suggests in this respect the EU to engage in working for an international algorithm convention;
Amendment 964 #
2015/2147(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Underlines the need to increase efforts for awareness raising measures and training for citizens to gain a more profound understanding of the digitalisation processes to ensure citizens remain in autonomous charge of their affairs;
Amendment 1 #
2015/2132(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the responsibility of the Committee on the Internal Market and Consumer Protection in the budget procedure covers budget lines in titles 2 (Internal market, Industry, Entrepreneurship and SMEs), 14 (Taxation and customs union) and 33 (Justice and consumer protection); urges the Commission to ensure a good balance of payments and to promote greening of the EU budget under all titles;
Amendment 4 #
2015/2132(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the Single Market (SM) is a key driver of growth and jobs; notes, however, that this potential remains untapped in many respects, such as the Digital Single Market; asks, therefore, for better spending of the budget by providing adequate financial means for the SM in order to cover a clear set of priorities related to the real economy; stresses that the competitiveness of the Single Market and European businesses could be strengthened through a stronger focus on delivering a European Internet;
Amendment 5 #
2015/2132(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises the particular importance of providing sufficient funding for the European Neighbourhood Instrument, which plays a vital role in supporting stability among Europe's Eastern and Southern neighbours; strongly welcomes the 4.9% increase in commitment appropriations compared to last year; notes critically the severe cuts applied to the ENI by Council and stresses the urgent need to increase appropriations by a substantial margin to meet the needs of the countries covered by the instrument; calls for the scaling-up of concrete funding for EU- Arctic related initiatives in the framework of driving forward the EU-Arctic strategy making and in the light of increased geopolitical interest in the Arctic region;
Amendment 12 #
2015/2132(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that the defence of human rights, fundamental freedoms and the promotion of democracy is a matter of vital importance in the current global environment and symbolic of the EU's commitments to its core values; emphasises that the European Instrument for Democracy and Human Rights is an essential tool in this regard, which needs to be provided with adequate funding;
Amendment 17 #
2015/2132(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the importance of budgeting sufficient funds for the Middle East Peace Process, the Palestinian Authority and UNRWA in order to meet the needs on the ground, which have increased in recent years due to multiple regional crises; emphasises the need to address the regular under-planning of EU financial support to UNRWA in the EU budget;
Amendment 17 #
2015/2132(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Is convinced that consumer policy is a main priority for the European Union and that the budget for this policy area should reflect this; notes that it is important to secure funding for updating consumer policy to ensure sound societal adjustment to rapid technological and economic change;
Amendment 29 #
2015/2132(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls the need to finance the multilingual tool for the online dispute resolution (ODR) platform; emphasises that well-functioning ODR systems across the EU will encourage consumers to seek solutions to the problems they encounter when buying products and services in the SM and will boost online purchases; recalls that more online and cross-border trade in the EU will also broaden consumer choice and provide businesses with new opportunities and help drive economic growth;
Amendment 34 #
2015/2132(BUD)
Draft opinion
Paragraph 9
Paragraph 9
9. Believes that supporting the real economy should be a key priority for the EU for job creation and sustainable growth; urges that the uptake of this financial support by SMEs be maximised; urges for making sufficient financing available for a transition to a resource- efficient, circular economy;
Amendment 39 #
2015/2132(BUD)
Draft opinion
Paragraph 10
Paragraph 10
10. Points out the need to secure adequate financing for the COSME programme and for the Enterprise Europe Network in 2016 in order to specifically take into account the difficulties encountered by SMEs owing to the EU’s economic and financial constraints; calls, therefore, for an increase in the budget line 02 02 02 for improving access to finance for SMEs to enable European SMEs to prosper and innovate and to make the most of the Single Market and the EU’s trade relations;
Amendment 34 #
2015/2114(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Finds regrettable, notwithstanding the numerous arms export control regimes, that dthe illicit trade of arms continues to be a big, profitable business, which often occurs on a regional and local level, destabilising and adding to the humanitarian suffering in the areas concerned. Developments in the last two years have shown that weapons often end up in the hands of repressive regimes, armed groups and violent non-state actors, terrorists and criminals, and are used to fuel insecurity and armed conflicts internally and externally, or to support internal repression, regional conflicts and grave violations of human rights and fundamental freedoms;
Amendment 163 #
2015/2114(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Strongly believes that the citizens have the right to be informed about the arms export decisions of their governments as they affect the security and well-being of their nation as well as potentially having adverse effects other parts of the world. Access to information should also be improved in regards to EU sanctions and arms embargos policies, which are often not up-to-date or presented in an easily accessible form;
Amendment 1 #
2015/2112(INI)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Stresses that, under Article 3(5) of the Treaty on European Union (TEU) the aim of the EU in its relations with the wider world is to contribute to solidarity and to the sustainable development of the Earth, as well as to the strict observance and the development of international law; States that, under Article 191(1) of the Treaty of the Functioning of the European Union, EU policy on the environment shall promote measures at international level to combat climate change;
Amendment 2 #
2015/2112(INI)
Draft opinion
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. Acknowledges the fundamental importance of a stable climate system for food security, energy production, water and sanitation, infrastructure and preserving biodiversity and terrestrial and marine ecosystems and for peace and prosperity globally; acknowledges the danger of inaction on mitigating climate change and stresses the urgency of reaching an agreement in the Paris Climate Conference;
Amendment 8 #
2015/2112(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Acknowledges the importance of climate; cCalls on the European External Action Service (EEAS) to prioritise diplomacy on climate policy goals in order to build support for a strong, fair and, comprehensive agreementnd binding international agreement to limit global warming to 2°C; stresses the importance of the EU as a key player in climate diplomacy and emphasises the need to speak with one voice; calls on the Member States to coordinate their positions in this regard with those of the EU; underlines that the EU and the Member States have an enormous foreign policy capacity and must show leadership in the area of climate diplomacy and mobilise this network based on political will in order to secure the objectives of limiting dangerous climate change; calls on the parties involved in environmental aspects of EU trade negotiations, especially the ongoing Transatlantic Trade and Investment Partnership (TTIP) negotiations to take into account the Paris Conference conclusions;
Amendment 15 #
2015/2112(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that climate diplomacy should be part of the comprehensive approach to the EU’s external action; recognises that climate change will affect countries with varying degrees of severity with the Least Developed Countries being most disproportionately affected due to lack of resources available for climate mitigation and climate adaption; recognises that the transformations of the Arctic represents a major effect of climate change on EU security; calls for a debate on a forward- looking strategy at EU level to address the strategic and political consequences, allowing the EU to respond to and prepare for climate-induced geopolitical instability and of climate-induced geopolitical instability, allowing the EU to respond to resource related conflicts and climate refugees paying particular attention to cooperation with countries most afflicted by the impacts of climate change;
Amendment 34 #
2015/2112(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Luxembourg Presidency to make reaching an agreement in the Paris Climate Conference a priority; Calls on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy to develop strategic priorities for the external climate policy enshrined in the general foreign policy objectives and to ensure that the EU’s delegations increase their focus on climate monitoring issues; calls on the EU to cooperate more closely on climate issues with neighbours and candidate countries.
Amendment 2 #
2015/2105(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Takes note of the EU's new strategy on trade and investment entitled 'Towards a more responsible trade and investment policy' and stresses the fundamental role of trade in the areas of interdependence, peace, growth and employment; notes that EU trade policy is closely interlinked with, but should not override, the aims of the Union's foreign policy and development policy;
Amendment 3 #
2015/2105(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the link between the single market and EU trade policy, and the fact that a dynamic, open and freeair global trade system is essential to making the single market function and grow; However, notes that this system needs effective, fair, transparent and strong global rules; Highlights that the multilateral rule-based system under the WTO is the most legitimate mean of managing and expanding trade relations in a more transparent and democratic way;
Amendment 7 #
2015/2105(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls the need for the EU's external policies to be consistent with each other and with other policies with an external dimension, such as migration policy, and to pursue the objectives set out in Article 21 of the Treaty on European Union; underlines in this context the central coordinating role of the Vice- President/High Representative, the European External Action Service (EEAS) and EU delegations in third countries; stresses that trade and investment agreements should be part of a wider political relationship; asks for better coordination between the EEAS and Commission DGs, in particular International Cooperation and Development (DEVCO), Trade (TRADE) and Employment, Social Affairs and Inclusion (EMPL); stresses that EU Delegations on the ground can play an important facilitation role on the respect of the EU fundamental values and rights;
Amendment 7 #
2015/2105(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the link between the single market and EU trade policy, and the fact that open, fair and free global trade is essential to making the single market function and grow; notes that trade should ultimately be for the benefit of citizens and consumers;
Amendment 12 #
2015/2105(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls the need for the EU's external policies to be consistent with each other and with other policies with an external dimension, such as migrationarms trade, migration policy and development policy, and to pursue the objectives set out in Article 21 of the Treaty on European Union; underlines in this context the central coordinating role of the Vice- President/High Representative, the European External Action Service (EEAS) and EU delegations in third countries;
Amendment 13 #
2015/2105(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that EU trade policy is an instrument of economic diplomacy as it contributes to compliance with the values upheld by the EU such as democracy and peace, the rule of law, human rights and the protection of the environment and social rightsthe universality and indivisibility of human rights, including core labour rights and fundamental freedoms, the respect of human dignity, the principles of equality and solidarity, the gender dimension, as well as the protection of the environment; underlines the need for the EU trade policy to be consistent with and contribute to the Sustainable Development Goals under the 2030 Agenda for Sustainable Development; Wwelcomes the Commission's announcement of the incorporation in trade agreements of tools aimed at fighting corruption and will remain attentive to the measures proposed;
Amendment 13 #
2015/2105(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that, given the EU’s status as the largest economy in the world, fair trade is its strongest policy tool for promoting European values abroad while creating jobs and growth at home;
Amendment 14 #
2015/2105(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that trade policy contributes to compliance with the values and standards upheld by the EU such as democracy, the rule of law, human rights and the protection of the environment and social rights; Wnotes that European companies and investors have the obligation to uphold these values in order to end bad trade practices such as land grabbing and sourcing of conflict minerals; welcomes the Commission's announcement of the incorporation in trade agreements of tools aimed at fighting corruption and will remain attentive to the measures proposed;
Amendment 17 #
2015/2105(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that the new trade strategy shall be conducted in the interest of European consumers and in a coherent manner with the principles, objectives and initiatives of the Union´s external actions;
Amendment 18 #
2015/2105(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that the new EU trade strategy should promote wealth distribution, help fighting against poverty and social and economic inequality and contribute to reinforce the rule of law, labour standards, human rights and fundamental freedoms at the same time as it creates economic growth and prosperity;
Amendment 19 #
2015/2105(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Points out that the trade policy should be accompanied by appropriate internal EU policies in order to allow consumers and workers in the EU to fully benefit from trade to be equipped with adequate social safety net; recalls the need for EU trade policy to be consistent with the EU´s commitments on human rights and to respect OIT international labour conventions;
Amendment 22 #
2015/2105(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the fact that the strategy reflects an understanding that protectionism has no place in the EU’s internal or external policies and that European goods and services are part of global value chains which make protectionist measures self-defeatingthat European goods and services are part of global value chains; calls on the Commission and Member States to strengthen cross-border value chains of goods and services enhancing the competitiveness of our economies and economic growth by reducing unjustified trade barriers;
Amendment 23 #
2015/2105(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission for further measures against aggressive tax planning and tax avoidance, which distort trade and competition and have a detrimental effect on tax revenue, especially for developing countries;
Amendment 28 #
2015/2105(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that the GSP, GSP+ and EBA systems are essential tools which enable these values to be upheld anduphold EU values and enable economic development of Least Developed Countries; insists on the importance of their effective implementation and monitoring;
Amendment 30 #
2015/2105(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission on one hand to support SMEs going global and to make available more internationalization tools, which would result in increased export capacity, and on the other hand to ensure protection of SMEs from unfair trading practices;
Amendment 33 #
2015/2105(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Acknowledges that in order for the EU to secure its place in global value chains a joined-up strategy across different areas of economic policy is needed; stresses the importance to ensure responsible management of supply chains, to tackle aggressive corporate profit shifting and tax avoidance strategies that profit from the fragmentation of value chains; Calls on the Commission for further and ambitious measures against aggressive tax planning and tax avoidance (tax rulings) which distort trade and competition, in order to promote balanced trade and fair competition between Member States and with third countries;
Amendment 34 #
2015/2105(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Highlights the importance of promoting innovation and quality as an added value of European products; notes that the recognition in trade agreements of geographical indications should be a priority, it equally notes that the extension of geographical indications to non- agricultural products could be a tool to encourage international trade expansion; notes that this tool could be effective to fight against commercial frauds and counterfeiting of goods at the same time as it fosters R+D and competitiveness for our businesses;
Amendment 35 #
2015/2105(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Agrees with the Commission on the need to take a holistic yet ambitious approach to public procurement while ensuring a level playing field for an equal and fair access to it, urges the Commission to defend EU rules and standards when negotiating trade and investment agreements with non EU- countries;
Amendment 36 #
2015/2105(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that EU trade policy is an instrument of economic diplomacy and calls on the Commission to put forward proposals to establish trade tools which will make an effective contribution to Europe's anti-terrorismsecurity policy;
Amendment 37 #
2015/2105(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission for further study on the impact of EU exports of arms, surveillance technology and dual use technology to third countries on the EU's security landscape and on the effectiveness of the EU's humanitarian and development policy efforts; calls on the Commission for an updated dual-use export control regulation; calls on the Member States for stricter implementation of the Code of Conduct on Arms Exports;
Amendment 38 #
2015/2105(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for the systematic inclusion of binding, enforceable and non-negotiable human rights clauses in the EU's international agreements, including trade and investment agreements concluded or to be concluded with third countries, and calls for improved consultation of Parliament in the early stages of the negotiation process for trade and investment agreements, for effective monitoring of the application of human rights clauses and for reporting back to Parliament human rights aspects of the agreements; recalls, to this end, the Annual Report on Human Rights and Democracy in the World 2013 and the European Union policy on the matter, as approved by the European Parliament on 12 March, 2015;
Amendment 38 #
2015/2105(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Agrees with the Commission on the need to take a holistic yet ambitious approach to public procurement; Notes that the EU has already opened up its Public Procurement markets to a large extent but that European companies still face restrictions abroad;
Amendment 42 #
2015/2105(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Emphasises the need for trade to be sustainable and responsible; notes that responsible trade and investment also means paying a fair share of taxes; underlines the importance of implementing chapters on sustainable development in trade agreements which will enable tough social and environmental standards to be put in place; stresses the European Parliament's role in monitoring the negotiation and implementation processes of trade agreements;
Amendment 44 #
2015/2105(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Emphasises the need for trade to be sustainable and responsible; underlines the importance of implementing chapters on sustainable development in trade agreements which will enable tough social and environmental standards to be put in place throughout the entire supply chain, in close cooperation with the International Labour Organisation (ILO);
Amendment 46 #
2015/2105(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. WelcomesStresses the importance of the Commission’'s pledgecommitment that no trade agreement will lower EU consumer protection standard, labour and environmental standards , which constitute the core of the European social model, while guaranteeing full compliance with the EU acquis;
Amendment 48 #
2015/2105(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s pledge that no trade agreement will lower consumer protection standards, including in the context of the digital revolution;
Amendment 49 #
2015/2105(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to ensure the proper implementation of trade agreements, including in particular commitments on human rights and core labour rights, by increasing the involvement of Parliament and stakeholders;
Amendment 51 #
2015/2105(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Agrees with the Commission that trade policy can work only if Europe continues its focus on better regulation, cutting red tape and increased competition within the single marketremoving obstacles to the completion of the single market; welcomes the Commissions´ commitment upon which every significant initiative in the field of trade policy will be subject to a sustainability impact assessment; reminds the importance of carrying ex post evaluations and highlights that impact assessments and evaluations including appropriate consultation of all stakeholders are crucial for the formulation of sound, transparent and evidence-based trade policies;
Amendment 52 #
2015/2105(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Agrees with the Commission that trade policy can work onlybenefit if Europe continues its focuses on better regulation, cutting red tape and increased competition within the single markeand timely regulation within the single market, whilst keeping high levels of protection of consumers, labour and the environment;
Amendment 55 #
2015/2105(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Recalls that engagement with the WTO and multilateral trade negotiations remain a priority for the EU, which is also conducting bilateral negotiations in an ambitious spirit of reciprocity and mutual benefit; urges the Commission to pursue the proposed International Trade Dispute System in order to move beyond the current problematic ISDS in bilateral trade agreements, such as TTIP;
Amendment 56 #
2015/2105(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Acknowledges that transparency in trade is fundamental for consumers trust to better regulation and in order to reinforce public trust within the EU and the legitimacy of EU trade policy abroad; thus, considers it essential that transparency should apply at all stages of the negotiating cycle;
Amendment 57 #
2015/2105(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 59 #
2015/2105(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes the TiSA and TTIP negotiations, calls for them to be completed swiftly, and underlines the need to ensure greater market access for European service providers; Calls for progress in the negotiations on the agreements of TiSA and TTIP to be consistent with the lines set out in the European Parliament's resolutions of 8 July 2015 containing the European Parliament’s recommendations to the European Commission on the negotiations for the Transatlantic Trade and Investment Partnership (TTIP)1a and Recommendations to the European Commission on the negotiations for the Trade in Services Agreement (TiSA)1b especially as regards to the exclusion of services of general interest and services of general economic interest; a high level of consumer protection and labour and environmental standards; and also what concerns to a new public system for resolving disputes; ____________________ 1aP8_TA-PROV(2015)0252 1bP8_TA-PROV(2016)0041
Amendment 64 #
2015/2105(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Encourages the Commission to continue its efforts in the fields of communication, transparency and access to negotiation documents and to improve coordination and information exchange between the Commissioners and the Directorates- General, the EEAS, the Council, Parliament, as well as the consultation with social partners and civil society organizations.
Amendment 65 #
2015/2105(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the current and future exclusion of services of general interest and services of general economic interest from trade agreements (including, but not limited to, water, health, social services, social security systems and education, waste management and public transport); welcomes the commitment by the Commission upon which it will not require governments to privatise any service nor prevent them from renationalising once privatised services, nor expanding the range of public interest services they offer to citizens;
Amendment 69 #
2015/2105(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the Commission to ensure the highest level of transparency, dialogue and accountability; keeping the European Parliament fully and immediately informed at all stages of the negotiations, ensuring the serious and continuous engagement of the EU institutions with all relevant stakeholders throughout the whole negotiation process as well as with national parliaments and regional and local authorities; furthermore calls on the Commission to encourage EU negotiating partners to equally act in widening transparency thus ensuring the democratic foundation of trade policy, strengthening EU citizens trust and preventing misinformation;
Amendment 75 #
2015/2105(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Welcomes the strategy’s focus on the global digital market and preventing the development of new barriers to trade in digital goods and services; supports, in line with data protection rules, all measures to increase the free flow of data;
Amendment 77 #
2015/2105(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls for negotiations – in parallel to trade agreements – on greater mobility for professionals, recognition of professional qualifications, and visa facilitationSupports greater mobility for professionals, recognition of professional qualifications, and visa facilitation; Considers that the internal market should ensure the free movement of people; asks the Commission together with the Member States to promote a European mobility that ensures freedom of movement, the principle of equal treatment, and equal access to regulated professions while ensuring fair working conditions for all Europeans;
Amendment 86 #
2015/2105(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Encourages the use and creation of further international technical standards, and all efforts aimed at ensuring the full engagement of our trading partners in international standardisation bodies; safeguarding high EU standards and preserving the current level of protection of the EU legislation.
Amendment 91 #
2015/2105(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Notes that trade and investment negotiations will increasingly address regulatory issues rather than tariffs, such as in the context of the TTIP negotiations; stresses therefore the role of the European Parliament in monitoring the negotiation and implementation of trade agreements to ensure democratic accountability;
Amendment 92 #
2015/2105(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Emphasise that trade policy should focus on delivering growth, creating jobs and fostering innovation in order to addresses the concerns of those who feel they are losing out from globalisation; to this end, it is considered essential for this new strategy to improve conditions "for all" - citizens, consumers, workers and the self-employed as well as business, especially SMEs, and the poorest in developing countries;
Amendment 97 #
2015/2105(INI)
Draft opinion
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Stresses that the EU´s new trade strategy cannot be limited to opening new negotiations but must also ensure the proper implementation of negotiated agreements and combat the rise of new unjustified non-tariff barriers among the EU and its trading partners, which limit the effective access of companies to foreign markets;
Amendment 120 #
2015/2089(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the single market is a key tool for reigniting economic growthsustainable socio-economic growth, for guaranteeing high level consumer protection and for ensuring best environmental and social standards in the Union;
Amendment 129 #
2015/2089(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that improving single market regulation should be both a priority and a shared responsibility of the Union institutions; believes that good legislation should contribute to competitiveness, the creation of jobs andis citizen centred and hence, can contribute to stimulating a healthy competitive environment for sustainable job creation, socio-economic growth, and must do so in a way that stimulates, rather than frustrates, the European economyto guaranteeing high level consumer protection as well as to ensuring best environmental and social standards;
Amendment 148 #
2015/2089(INI)
7. Believes that single market legislation should be to the benefit of competitivzeness, innovation and growth, and views effectenterprises of all sizes, consumers and thus, to the society as a whole; views comprehensive impact assessments as an importantone amongst other tools for informing policymakers on how best to designraft regulation to achieve these aims and their single market objectives; points out that impact assessments have to be based on a comprehensive approach which includes the quantifiable and qualifiable evaluation of social, economic and environmental consequences of a legislative proposal and its potential interplaying effect on already existing legislation;
Amendment 165 #
2015/2089(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Underlines that such stakeholder consultations have to be to the widest extent inclusive, in particular, involving SMEs, micro-businesses and civil- organisations;
Amendment 183 #
2015/2089(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the Commission to develop a communication and training strategy for ensuring greater awareness of assistance services amongst citizens and businesses of all sizes; recommends in this context the development of a single portal for accessing all assistance services;
Amendment 313 #
2015/2065(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is very concerned about recent findings that one of the early signatories of the SCI operating across Europe has been found guilty of unreasonably delaying payments to its suppliers; regrets that neither the Commission nor the SCI has directly reported this finding in their reports;
Amendment 318 #
2015/2065(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Is concerned about the Commission report which does not take into account many findings of the study, notably with regard to the assessment of voluntary approaches;
Amendment 322 #
2015/2065(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Regrets that no concrete case has been examined to assess the SCI role in tackling unfair trading practices;
Amendment 323 #
2015/2065(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Regrets that some of the dispute resolution options promoted by the SCI have not yet been used in practice and the assessment of their effectiveness has been based more on "theoretical" judgments rather than on empirical observation;
Amendment 324 #
2015/2065(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Rather than simply encouraging some improvements in the SCI, stresses that study evaluating the effectiveness of the SCI highlights a broad range of its shortcomings – lack of trust from external experts and organisations, weaknesses in governance, under-representation of SMEs, limitations in transparency and no enforcement measures and penalties;
Amendment 325 #
2015/2065(INI)
Motion for a resolution
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Stresses the evaluation of the study which concludes that SCI has very limited powers to directly enforce measures to address UTPs, notably due to the lack of effective deterrents against unfair behaviour;
Amendment 326 #
2015/2065(INI)
Motion for a resolution
Paragraph 3 g (new)
Paragraph 3 g (new)
3g. Believes, that current voluntary framework's dispute resolutions should remain available for all suppliers who are not concerned about their anonymity and may usefully evolve as an educational and best practices sharing platform;
Amendment 327 #
2015/2065(INI)
Motion for a resolution
Paragraph 3 h (new)
Paragraph 3 h (new)
3h. Regrets that study assessed only 4 national voluntary initiatives; points out that only one of those is generally considered as effective and adequate; on the contrary, another one has been negatively affected by serious weaknesses and no disputes have been brought before the board to date;
Amendment 328 #
2015/2065(INI)
Motion for a resolution
Paragraph 3 i (new)
Paragraph 3 i (new)
3i. Points out that recent study findings do not bring the evidence for the Commission's evaluation statement that voluntary initiatives seem to work better in some countries than in others, and that the Commission should seriously take into account several rather negative national experiences with voluntary agreements in order to move towards establishing concrete legislative and enforcing measures to prevent unfair trading practices;
Amendment 339 #
2015/2065(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Points out, following the recent Commission study main findings on the Supply chain initiative, that more than 20 Member States have introduced legislation to combat UTPs or are planning to do so in the near future; welcomes that Commission report identifies a number of specific areas to be improved in this regard; believes, that this set of best practices should serve as a basis for effective and transparent framework of legislative and enforcement measures in the EU;
Amendment 372 #
2015/2065(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Notes results of the study, where survey respondents indicated as the most preferred approaches in tackling UTPs the combination of voluntary initiatives and public enforcement (33% of total answers) or a specific legislation at EU level (32%); on the other side, reliance on voluntary initiatives alone at national (4%) or EU level (9 %) resulted to be the less preferred approach;
Amendment 373 #
2015/2065(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Believes that in order to reduce UTPs effectively, the Commission should take concrete measures to create common binding rules and should establish or appoint a network of national enforcement authorities which operate according to minimum principles and enforcement standards developed at the EU level;
Amendment 374 #
2015/2065(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Questions the Commission's vague statement that different approaches in Member States do not seem to have negative consequences for the Single market; points out that previous study accompanying Commission's communication recommended to address the fragmentation of legal rules and approaches in the EU in order to prevent a negative impact of fragmentation on the EU Single Market; Is convinced that fragmentation and different legislative approaches in MS contribute to legal uncertainty, additional costs for businesses, notably SMEs, and raise difficulties to the cross-border market access and cooperation;
Amendment 375 #
2015/2065(INI)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17d. Welcomes that the Commission finds it necessary to ensure that UTP legislation covers operators from non-EU countries; Believes that clear and transparent rules at the EU level would facilitate fair trading practices towards third countries traders;
Amendment 378 #
2015/2065(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Is convinced that functioning enforcement mechanisms should be accessible to all market operators in the food supply chain, regardless of geographical origin;
Amendment 379 #
2015/2065(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Believes that the scope of enforcement should cover entire supply chain both inside Europe and overseas in order to positively contribute to the overall sustainability of the food production; suggests coordinated enforcement across the EU to discourage market players from moving their purchasing department to low-enforcement countries to continue with UTPs;
Amendment 380 #
2015/2065(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Calls on Member States without a competent enforcement authority to consider establishment of enforcement authority and provide it with the power to supervise and enforce measures necessary to tackle UTPs;
Amendment 381 #
2015/2065(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18d. Points out that existing fragmented and low enhanced cooperation within different national enforcement bodies is not sufficient to address cross-border challenges regarding UTPs;
Amendment 382 #
2015/2065(INI)
Motion for a resolution
Paragraph 18 e (new)
Paragraph 18 e (new)
18e. Highlights that the enforcement authorities should have a number of different enforcement measures and different range of sanctions at their disposal to allow, according to the gravity, flexibility of response; believes that these measures should aim at changing behaviour and deterrence;
Amendment 8 #
2015/2063(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that enhanced international cooperation, active exchange of views and information, determined national action and stable inclusive government in third countries at direct risk from jihadist extremist groups hold the key to countering the threat posed by terrorist groups and stemming the radicalisation of European citizens;
Amendment 37 #
2015/2063(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes with concern the use of the internet and social media for the dissemination of propaganda material and recruitment by terrorist organisations, and; stresses that social media providers have a responsibility to communicate against radicalisation and eliminate material which is inciting to violence; underlines the need to develop innovative online counter-communication with Member States including social media providers and to stimulate critical digital judgement skills among all vulnerable internet users; emphasises the crucial role of a wide range of stakeholders, including educators, role models and community groups, to develop effective counter-messages;
Amendment 40 #
2015/2063(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Encourages the development of targeted and regularly upgraded security and counterterrorism initiatives at Member State, EU and international level with a view to ensuring appropriate responses to emerging threats, including through working in partnership with neighbouring countries and regional actors; acknowledges that radicalisation is also geopolitical and neighbourhood policy related issue; recalls to judge all the financial aid which may have a supporting impact to terrorist activities and urges to solve the origins of external flows of fundings;
Amendment 180 #
2015/2063(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to publish guidelines on measures to be implemented in Europe's prisons aimed at preventing Europeans from becoming radicalised; If prison staff suspect or find signs of recruitment efforts, these need to be addressed immediately in the most appropriate, lawful way; recommends that the Member States segregate radicalised inmates within their prisons in order to prevent radicalism from being imposed through intimidation on other inmates and to contain radicalisation in those institutions;
Amendment 225 #
2015/2063(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that the internet plays a significant role in fuelling the radicalisation of European citizens, as it facilitates the rapid, large-scale global distribution of hate messages and praise for terrorism; expresses concern at the impact that such messages praising terrorism have on young people, who are particularly vulnerable; calls for a dialogue to be launched at European level with the internet giants with a view to preventing the online distribution of hate messages and to eradicating them swiftly;
Amendment 275 #
2015/2063(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Feels, however, that the internet is an effective platform for spreading discourse opposed to hate speech and praise for terrorism; calls on the digital giants to cooperate with the Member States in order to take part in the spread of prevention messages by organizing campaigns on social media and discussion forums as well as calling for the development of critical thinking and for a process of deradicalisation;
Amendment 302 #
2015/2063(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Supports the introduction of measures enabling all internet users to flag illegal content circulating on the internet and on social media networks easily and quickly, while respecting basic freedoms and freedom of expression; reminds the important role of journalists who have major responsibility in strengthening democracy and freedom of speech, but should avoid unethical practices and sensationalism;
Amendment 341 #
2015/2063(INI)
Motion for a resolution
Subheading IV
Subheading IV
IV. Preventing radicalisation through education, democracy education and integration
Amendment 356 #
2015/2063(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that schools and education have an important role to play in preventing radicalisation; recalls the crucial role that schools play in helping to promote democracy education, integration and develop critical thinking; calls on the Member States to investigate the possibility of introducing, where it does not already exist, education on religious issues in schools;
Amendment 370 #
2015/2063(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the European Union to carry out a communication campaign to raise the awareness of young people, as well as supervisory staff, as regards issues of radicalisation; encouraged to pay attention to the youths and children's media education; calls on the Member States to introduce specialist training for teaching staff so that they can detect any suspicious changes in behaviour and properly supervise young people who are at risk of being recruited by terrorist organisations;
Amendment 381 #
2015/2063(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls the Member States to lower the limits on schools to deal with political and social issues as well as discuss the ways of influencing participation; encourages the teaching staff to react terrorism-related activities or issues in totally negative and condemnatory way.
Amendment 585 #
2015/2063(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Acknowledges that the phenomenon of radicalisation and recruitment of EU citizens is a global phenomenon; believes that the response to this phenomenon ought to be international and not just local or European; considers therefore that cooperation with EU partner countries that are facing similar challenges, such as Canada or the United States, has to be stepped up; acknowledges that radicalisation is also geopolitical and neighbourhood policy related issue;
Amendment 614 #
2015/2063(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Suggests that Member States examine the idea of including mentors in the process to deradicalise EU citizens who have returned from fighting for terrorist organisations, to help support them in their reintegration into society; Member States must offer diverse social and therapeutical support for the victims of radicalisation.
Amendment 16 #
2015/2001(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, in reaction to and despite Russia’s aggression against Georgia and violation of its territorial integrity in 2008up to now, the EU has opted for an increased cooperation model as a way to appease Russia; whereas, in line with this, rather than taking restrictive measurebuild good neighbourly relations with Russia; whereas, in line with this, a series of generous initiatives for deeper cooperation – such as the common spaces, the Partnership for Modernisation, the negotiations on a Nnew EU-Russia Agreement, and the Human Rights dialogue – have been launched or deepened;
Amendment 26 #
2015/2001(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas Russia and the EU cooperate constructively and for the benefit of their citizens in the Arctic region, in the Northern Dimension Partnerships and in cross-border cooperation;
Amendment 40 #
2015/2001(INI)
Motion for a resolution
Recital C
Recital C
C. whereas Russia has – by illegally annexing Crimea and waging an undeclared war against Ukraine, with the direct participation of Russian military units, and by deliberately destabilising this neighbouring sovereign and independent country – profoundly and for a long time- damaged its relationship with the EU by jeopardising the basic principles of Europe’s security order and by breaking its international commitments, notably under the United Nations Charter, the Helsinki Final Act and the Budapest Memorandum;
Amendment 57 #
2015/2001(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Russia is the instigator of and, directly or indirectly, party to a number of ‘frozen conflicts’ in its neighbourhood – in Transnistria, South Ossetia, Abkhasia, and Nagorno Karabakh – that constitute serious impediments to the development and stability of the neighbouring countries concerned;
Amendment 82 #
2015/2001(INI)
Motion for a resolution
Recital F
Recital F
F. whereas these restrictive targeted measures are not directed against the Russian people but aim at stimulating a change in Russian policy towards, and actions in, the common neighbourhood; whereas thea differentiation in sanctions cshould be lifted, partially or fully, as soon as Russia commits itself to implementing, fully and honestly, the provisions of the Minsk agreements and the return of Crimea toenvisaged between the sanctions imposed in response to the annexation of Crimea where no change is expected in the short term and sanctions related to the destabilisation in eastern Ukraine;, whereas the sanctions will be strengthened should Russia chose to do otherwise and refrain from taking any positive step to change its policyich can be gradually scaled down and lifted if Russia demonstrates a significant and measurable progress in implementation of the Minsk agreement;
Amendment 103 #
2015/2001(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the EU has firmly supported Russia’s accession and participation in different international organisations and fora, such as the G8, the G20 and the WTO; whereas this strategy of including Russia in international decision-making bodies has not had the results expected but instead created tensions owing to Russia’s habit of breaching rules, e.g. itRussia’s non-compliance with WTO standards and obligations (by introducing a number of discriminatory measures against individual EU Member States and other countries in its neighbourhood), and its failure to implement more than a thousand judgements of the European Court of Human Rights, etc.pose deep concerns and obstacles to advance in closer cooperation between the two economic areas - the EU and the Eurasian Economic Union (EUEA);
Amendment 115 #
2015/2001(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas in June 2013 Russia passed a law banning the distribution of information about lesbian, gay, bisexual, transgender and intersex (LGBTI) relationships to children; whereas the law effectively legalizes discrimination based on sexual orientation; whereas its passage led to a ratcheting up of homophobic rhetoric in state media and an increase in homophobic violence around the country; whereas the Russian authorities have largely failed to effectively tackle the spread of homophobic violence and in some cases public officials engaged in explicit anti-LGBTI hate speech;
Amendment 116 #
2015/2001(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas Russia and the EU face common global challenges as the new types of threats of terrorism, extremism, of climate change and new technological developments;
Amendment 117 #
2015/2001(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. whereas Russia has been constructive in the recent Iran negotiations;
Amendment 127 #
2015/2001(INI)
Motion for a resolution
Recital H
Recital H
H. whereas Russia has developed policies and instruments for, and became an active user of, a new type of hybrid warfare, deliberately blurring the lines between military/paramilitary activity and political activism, employing a mix of weaponised information (informationwhich is deliberately altered and aired to inflict damage to societal, political and institutional structures), using professional instigators of insurgency in foreign countries, targeting local minority- language groups abroad for destabilisation, controlling information space and combining cyber warfare with military means;
Amendment 159 #
2015/2001(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas due to the current conflict, renewed trust-building is essential;
Amendment 186 #
2015/2001(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 208 #
2015/2001(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that EU-Russia relations should be cooperative, based on both parties' international commitments and on mutual respect; emphasises that due to the current crisis, renewed trust-building is essential; therefore, calls on Russia to adhere to its commitments made in the Minsk II agreement which has been endorsed by the UN Security Council and to fully implement its commitments in the agreed time frame;
Amendment 209 #
2015/2001(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses the need for a comprehensive approach in the re-design of EU-Russia relations by also bearing a long-term perspective in mind; notes the geographically based interdependence of Russia and the EU and therefore, encourages both, Russia and the EU, to find together new ways to a good and secure future neighbourhood;
Amendment 210 #
2015/2001(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Recommends to concentrate on those areas where the EU and Russia cooperation has been constructive and therefore, successful, for example in the Northern Dimension Partnerships, cooperation in the Arctic region, cross- border cooperation and in the Iran negotiations;
Amendment 211 #
2015/2001(INI)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Is of the opinion that Russia and EU share common global challenges as the new types of threats of terrorism, of extremism, of climate change and new global technological developments which only can be addressed in a positive spirit of cooperation and collaboration;
Amendment 232 #
2015/2001(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is of the opinion that, in the long run, a constructive and predictable relationship between the EU and Russia is possible, for the benefit of both partners, especially in view of the existing political, trade and energy relations, people-to- people contacts and of the common challenges and interests on the world scene;
Amendment 236 #
2015/2001(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines that EU-Russia relations must henceforth be based on the rule of law and on preconditioned dialogue, whereby the EU would be ready to relaunch cooperation with the authorities in Moscow on the condition that Russia unambiguously and without pretence takes its share of responsibility and fully implements the Minsk Agreements; stresses that in order to ensure that such a dialogue – if renewed (for which the return of Crimea to Ukraine would be a prerequisite) – is not conducted at the expense of European values, standards and international commitments, it would be necessary tothe EU should be ready to re-engage with Russia on a number of issues, including high-level political dialogue, cooperation in tackling regional and global foreign policy challenges, creation of a common economic space ‘from Lisbon to Vladivostok’, sectorial cooperation, including in energy area, visa facilitation agreement, climate change, environment, resumption of the Partnership for Modernization and Erasmus + program on the condition of Russia´s implementation of the Minsk agreements, respect for international law and OSCE-based European specify very clearly the EU’s expectations of Russia, along with the retaliatory measures it would take should Russia not keep to its commitmenturity order and ending of destabilising military and security activities at the EU MS borders;
Amendment 258 #
2015/2001(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for an intensification of dialogue with Russia on tackling major regional and global challenges, such as the rise of the Islamic State or Daesh in Syria and Iraq; believes that Russia has a major role to play to contribute to a political solution to the civil war in Syria; believes that the counter-terrorism cooperation with Russia is an important part of an overall effort to tackle the challenge of the violent extremism; stresses that such cooperation should adhere fully to the international human rights standards;
Amendment 259 #
2015/2001(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Welcomes Russia´s constructive role in the nuclear negotiations with Iran aimed at ensuring the exclusively peaceful nature of Iran´s nuclear program; calls for Russia´s continued engagement in talks;
Amendment 260 #
2015/2001(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Notes that Russia, as a member of the Middle East Quartet and UN Security Council, has an important contribution to make to the Middle East Peace Process; calls on the EEAS and EU MS to work with Russia to encourage the de- escalation of tensions and taking steps to revive the peace negotiations between Israel and the Palestinian autonomy;
Amendment 261 #
2015/2001(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Calls on the EEAS and the Commission to explore ways of possible engagement with the Eurasian Economic Union (EEU), which has a direct impact on the EU´s economic relations with Kazakhstan, Belarus and Armenia; emphasises that the cooperation with the EEU can only be based on the non- negotiable principle of free choice to join political or economic organisations for all partners in the common neighbourhood;
Amendment 284 #
2015/2001(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Commends the solidarity and the unity demonstrated by the Member States in the context of Russia’s undeclared war against Ukraine, allowing the adoption and further extension of responstrictive measures; calls on the Member States to consider as an absolute priority the preservation of this unity; reiterates that unity and solidarity amongst the Member States, as well as between the EU and the Eastern Partnership countries, is essential for ensuring the effectiveness of the EU’s policies and its ability to withstand external challenges and pressures;
Amendment 374 #
2015/2001(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Renews its call for the development of EU reconnaissance capabilities of weaponised information and the preparation of information contingency plans, including the strengthening of analytical and monitoring capabilities, especially in the Russian language, in order to be able to identify, and respond swiftly and appropriately to, purposefully biased information; calls on the Commission to earmark without delay adequate funding for concrete projects aimed at countering Russian propaganda within the EU and abroad; calls on the Commission and the Member States to devise as well a mechanism for the collection, monitoring and reporting of financial, political or technical assistance provided by Russia to political parties and other organisations within the EU, with a view to assessing its involvement in, and influence over, political life and public debate in the EU;
Amendment 398 #
2015/2001(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Reiterates that uncompromising respect for the rule of law is a core and founding principle of the EU, and rejects past attempts to put forward pragmatic interpretations of the rules to accommodate Russia as a trade partner; calls, therefore, on the strict, swift and unconditional applic; calls on the EEAS, the Commission and the Member States to stress the need for Russia to fully comply with its WTO commitments, end all unjustified trade restriction measures, approach constructively the WTO membership aspirations of the rule of law – in the event of any breach of the rules – and of the principle of free and fair competition, including in the proceedings against GazpromWTO candidate countries, comply with the EU energy legislation, provide non-discriminatory access to Russia´s energy market;
Amendment 407 #
2015/2001(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on improving the transport cooperation between the EU and Russia, including the phasing-out of Siberian overflight fees;
Amendment 408 #
2015/2001(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls on strengthening people-to- people contacts in the fields of individual mobility, education, culture, science and research;
Amendment 409 #
2015/2001(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Is deeply concerned with Russia´s support for and financing of radical and extremist parties in the EU Member States; considers a recent meeting in St Petersburg of the far right parties an insult to the memory of millions of Russians who sacrificed their lives to save the world from Nazism;
Amendment 410 #
2015/2001(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12d. Deplores the law adopted in 2012 that requires NGOs to register as ‘foreign agents’ with the Ministry of Justice if they engage in ‘political activity’ and receive foreign funding; notes with deep concern that this law has been used to harass and intimidate the human rights groups in the country;
Amendment 411 #
2015/2001(INI)
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
12e. Calls on the Government of the Russian Federation to acknowledge the scope and gravity of the problem of violence and harassment against LGBTI people in Russia, and commit to taking steps to end these abuses and to repeal provisions of Law No. 135-FZ of June 29, 2013 (the ‘gay propaganda’ law) banning distribution of information about LGBT relationships; calls on the EEAS, the Commission and the EU Member States to raise the issue of homophobia and violence against LGBTI people and activists in meetings with relevant Russian officials, including at the highest level; calls on the EEAS, the Commission and the EU Member States - in line with the June 2013 EU guidelines - to promote and protect the enjoyment of all human rights by LGBTI persons, to contribute to combatting any form of anti-LGBTI violence by seeking assistance and redress for victims of such violence and by supporting civil society and governmental initiatives to monitor cases of violence, and by educating law enforcement personnel;
Amendment 445 #
2015/2001(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the importance of continued political and financial support to independent civil society activists, media and NGOs; encourages the EU to reach out to Russian officials and civil society organisations that are inclined to develop an alternative vision of political and diplomatic relations with the EUsitive actions towards Russian citizens and support for democratic values, the fundamental freedoms and human rights;
Amendment 57 #
2015/0307(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) It should be possible for border guards to decide not to check relevant databases regarding a person enjoying the right of free movement under Union law if it can be clearly assessed that that person does not jeopardise the internal security of any of the Member States. Such persons could include, inter alia, children under the age of 12 and minors accompanied by parents; school pupils when travelling on organised excursions; elderly persons when travelling in an organised manner; pilots of aircraft and other crew members; Heads of State or government and the members of their delegation(s); holders of diplomatic, official or service passports and members of international organisations; rescue services, police and fire brigades and border guards; offshore workers; holders of permits required by national law in accordance with specific Member States' arrangements in bilateral agreements as referred to in point (a) of Article 4(2) of the Regulation (EU) 562/2006 of the European Parliament and of the Council1a ; _________________ 1aRegulation (EU) 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1).
Amendment 95 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – subparagraph 2 a (new)
Article 7 – paragraph 2 – subparagraph 2 a (new)
Border guards may decide not to check the relevant databases regarding a person enjoying the right of free movement under Union law if it can be clearly assessed that that person does not jeopardise the internal security of any of the Member States.
Amendment 69 #
2015/0288(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on certain aspects concerning contracts for the online and other distance sales of goodssales of goods and repealing Directive 1999/44/EC (Text with EEA relevance)
Amendment 78 #
2015/0288(COD)
Proposal for a directive
Recital 2
Recital 2
(2) For the achievement of a genuine digital single market, the harmonisation of certain aspects concerning contracts for sales of goods, taking as a base a high level of consumer protection, while recognising Member States' competences within the Union, is necessary.
Amendment 81 #
2015/0288(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2 a) Differences in national mandatory consumer contract law rules are an essential pre-condition for a learning process within the Union, whereas a maximum harmonisation approach would bear the risk of making contractual law non-responsive to swift technological or behavioural developments and changes. This is because maximum harmonisation would prevent Member States from adopting more stringent rules in their national laws and would thus prevent them from quickly and adequately responding to new business practices detrimental to consumers. Sellers willing to trade goods cross-border would benefit highly from the Union's harmonisation efforts, despite a minimum harmonisation approach. This gives the Union the opportunity to harmonise this area of law and set common (high) standards, while acknowledging that Member States may want to maintain certain national provisions. Business-to-business transactions are regulated differently in each Member State and should remain outside the scope of this Directive;
Amendment 100 #
2015/0288(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to remedy those problems, businesses and consumers should be able to rely on a set of fully harmonised, targeted rules for the online and other distance sales of goods. Uniform rules are necessary in relation to several essential elements of consumer contract law which under the current minimum harmonisation approach led to disparities and trade barriers across the Unioncommon high standards for the sales of goods setting out Union- wide contractual rights which create an equal playing field for various actors.
Amendment 110 #
2015/0288(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) Minimum standards on a high level of consumer protection set out in this Directive should prevent obstructions of the four freedoms in the area of the supply of digital content and digital services while leaving room for national deviations in specific matters and without endangering the harmony of national contractual law.
Amendment 112 #
2015/0288(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Increased competition among retailers is likely to result in wider choices at more competitive prices being offered to consumers. Consumers will benefit from a high level of consumer protection and welfare gains through targeted fully harmonised rules. This in turn would increase their trust in the cross-border commerce at a distance and in particular online. Consumers will more confidently buy at a distance cross-border knowing they would enjoy the same rights across the Union.
Amendment 118 #
2015/0288(COD)
Proposal for a directive
Recital 11
Recital 11
(11) This Directive covers rules applicable to the online and other distance sales of goods only in relation to key contract elements needed to overcome contract-law related barriers in the Digital Single Market. For this purpose, rules on conformity requirements, remedies available to consumers for lack of conformity of the goods with the contract and modalities for their exercise should be fully harmonised at a minimum level and the level of consumer protection as compared to Directive 1999/44/EC, should be increased.
Amendment 123 #
2015/0288(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11 a) This Directive should also apply to dual purpose contracts, where the contract is concluded for purposes partly within and partly outside the person's trade and the trade purpose is marginal within the overall context of the contract, so that that person should also be considered a consumer.
Amendment 124 #
2015/0288(COD)
Proposal for a directive
Recital 13
Recital 13
(13) This Directive should not apply to goods like DVDs and CDs incorporating digital content in such a way that the goods function only as a carrier of the digital content. However, this Directive should apply to digital contentdigital content or digital services integrated in goods such as household appliances, toys or stoyrage devices where the digital content is embedded in such a way that its functions are subordinate to the main functionalities of the goods and it operates as an integral part of the goods and cannot be uninstalled easily by the consumer, unless the seller proves that the lack of conformity lies in the hardware of the goods.
Amendment 132 #
2015/0288(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14 a) This Directive should not affect national laws governing the conditions under which a contract for the sale of goods is considered to be linked with or ancillary to another contract which the consumer has concluded with the same seller or another seller, and the effect those national laws have on either contract or on the remedies to be exercised under either contract. Member States should also be free to determine the nature of such contracts, which could be, inter alia, sales, services, rental or sui generis contracts.
Amendment 139 #
2015/0288(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In order to provide clarity as to what a consumer can expect from the goods and what the seller would be liable for in case of failure to deliver what is expected, it is essential to fully harmonise rules for determining the conformity with the contract. Aapplying a combination of subjective and objective criteria shouldto safeguard legitimate interests of both partiesconsumer and seller to a sales contract. Conformity with the contract should be assessed by taking into account not only requirements which have actually been set in the contract - including in pre- contractual information which forms an integral part of the contract - but also certain objective requirements which constitute the standards normally expected for goods, in particular in terms of fitness for the purpose, packaging, installation instructions and normal qualities and performance capabilities.
Amendment 166 #
2015/0288(COD)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26 a) This Directive should grant consumers throughout the Union a new and unrivalled freedom in choosing remedies. A consumer should be able to require the seller to bring the goods into conformity with the contract either through repair of the defects or through replacement of the defective goods with conforming ones. But more importantly, the consumer should be able to turn down any offer by the supplier to have the goods brought into conformity and instead to require price reduction or termination of the contract. The consumer should be able to decide whether or not to give the supplier a chance to bring the goods into conformity, and in which way the supplier should cure the defects, according to his own preference. Repair or replacement might be preferable if a consumer thinks the value of the defective goods is substantial, for example because the goods are unique or the market prices of the goods have gone up.
Amendment 170 #
2015/0288(COD)
Proposal for a directive
Recital 27
Recital 27
(27) TIf, in the case of non-conformity of the goods with the contract, the consumer' has choice betweensen either repair andor replacement, his choice should only be limited where the option chosen would be disproportionate compared to the other option available, impossible or unlawful. For instance, it might be disproportionate to request the replacement of goods because of a minor scratch where this replacement would create significant costs while, at the same time, the scratch could easily be repaired.
Amendment 173 #
2015/0288(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Where the seller has not remedied the lack of conformity through repair or replacement without significant inconvenience for the consumer and within a reasonable time, the consumer should be entitled to a price reduction or to terminate the contract. In particularIf, in the case of non-conformity of the goods with the contract, the consumer has opted for a repair or replacement, any repair or replacement needs to be successfully accomplished within thisa reasonable period. What is a reasonable time should be objectively ascertained considering the nature of the goods and the lack of conformity. If upon the laps of the reasonable period, the seller has failed to successfully remedy the lack of conformity, the consumer should not be obliged to accept any further attempts by the seller in relation to the same lack of conformity.
Amendment 175 #
2015/0288(COD)
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28 a) If, in the case of non-conformity of the goods with the contract, the consumer has chosen repair or replacement, he should still be entitled to a price reduction or termination of the contract if the seller fails to complete a repair or replacement within a reasonable time, if a repair or replacement would cause significant inconvenience to the consumer, if a repair or replacement is impossible or unlawful or if the seller has declared, or it is equally clear from the circumstances, that the seller will not bring the goods into conformity with the contract within a reasonable time.
Amendment 185 #
2015/0288(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In order to increase legal certainty for sellers and overall consumer confidence in cross-border purchases it is necessary to harmonise on a minimum level the period during which the seller is held liable for any lack of conformity which exists at the time when the consumer acquires the physical possession of goods. Considering that the large majority of Member States have foreseen a two-year period when implementing Directive 1999/44 and in practice this is considered by market participants as a reasonable period, this period should be maintained.
Amendment 192 #
2015/0288(COD)
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33 a) The producer of a technical product should be obliged to inform the consumer about the minimum life span to be expected of the technical product. This life span indication should reflect the expectations of reasonable and typical consumers, particularly because many of these products entail mass produced software packages and services. The obligation of producers to offer a commercial guarantee, independent from the legal prescription period, should take account of the new situation that sellers of technical products are regularly unable to rectify any defects by themselves.
Amendment 204 #
2015/0288(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down certain requiremente purpose of this Directive is the approximation of the laws, regulations and administrative provisions of the Member States con cerning distancetain aspects concerning sales contracts concluded between the seller and the consumer, in particular rules on conformity of goods, remedies in case of non-conformity and the modalities for the exercise of these remedies.
Amendment 212 #
2015/0288(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive shall not apply to any durable medium incorporating digital content where the durable medium has been usedgoods in which digital content or a digital service is embedded unless the seller proves that the lack of conformity lies in the hardware of the good. This Directive shall also not apply to tangible media which serve exclusively as a carrier for the supply of the digital content to the consumerof digital content, unless the seller proves that the lack of conformity lies in the tangible medium.
Amendment 226 #
2015/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(d a) 'embedded digital content or digital service' means pre-installed digital content, or an inherent digital service, which operates as an integral part of the goods and cannot be easily uninstalled by the consumer or which is necessary for the conformity of the goods with the contract;
Amendment 230 #
2015/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(d a) 'tangible medium' means a tangible moveable item which serves exclusively as a carrier of digital content or of a digital service;
Amendment 235 #
2015/0288(COD)
Proposal for a directive
Article 3
Article 3
Amendment 244 #
2015/0288(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) be of the quantity, quality, durability and description required by the contract, which includes that where the seller shows a sample or a model to the consumer, the goods shall possess the quality of and correspond to the description of this sample or model;
Amendment 257 #
2015/0288(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c – introductory part
Article 5 – paragraph 1 – point c – introductory part
(c) possess qualities and performance capabilitiesfeatures, including its functionality, durability and security, which are normal in goods of the same type and which the consumer may expect given the nature of the goods, taking into account, where relevant, any existing technical standards or, in the absence of such technical standards, applicable industry codes of conduct and good practices, and taking into account any public statement made by or on behalf of the seller or other persons in earlier links of the chain of transactions, including the producer, unless the seller can shows that:
Amendment 263 #
2015/0288(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c – point iii
Article 5 – paragraph 1 – point c – point iii
(iii) the decision to buyacquire the goods could not have been influenced by the statement.
Amendment 269 #
2015/0288(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 273 #
2015/0288(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. In cases where the goods were installed by the seller or under the seller’s responsibility, the time when the installation is complete shall be considered as the time when the consumer has acquired the physical possession of the goods. In a case where the goods were intended to be installed by the consumer, the time when the consumer had reasonable time for the installation but in any case not later than 30 days after the time indicated in paragraph 1 shall be considered as the time when the consumer has acquired the physical possession of the goods.
Amendment 278 #
2015/0288(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Any lack of conformity with the contract which becomes apparent within not less than two years from the time indicated in paragraphs 1 and 2 ishall be presumed to have existed at the time indicated in paragraphs 1 and 2 unless this is incompatible with the nature of the goods or with the nature of the lack of conformity.
Amendment 287 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. In the case of a lack of conformity with the contract, the consumer shall be entitled to havechoose between the following remedies: (a) having the goods brought into conformity bywith the seller, free of charge, by repair or replacementcontract, in accordance with Article 11; (b) being granted a price reduction, in accordance with Article 12; (c) terminating the contract, in accordance with Article 113.
Amendment 298 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. The consumer shall also be entitled to a proportionate reduction of the price in accordance with Article 12 or to terminate the contract in accordance with Article 13 where the consumer has opted for repair or replacement, if:
Amendment 307 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The consumer shall be entitled to withhold the payment of any outstanding part of the price, or where the non- conformity is minor, an appropriate proportion of the outstanding amount of the price, until the seller has brought the goods into conformity with the contract.
Amendment 327 #
2015/0288(COD)
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
The consumer may choose between repair and replacement in order to have the goods brought into conformity unless the option chosen would be impossible, or unlawful or, compared to the other option, would impose costs on the seller that would be disproportionate, taking into account all circumstances, including:
Amendment 329 #
2015/0288(COD)
Proposal for a directive
Article 12 – paragraph -1 (new)
Article 12 – paragraph -1 (new)
-1 In the case of a lack of conformity of the goods with the contract, the consumer shall be entitled to an appropriate reduction of the price in the manner set out in paragraph 1.
Amendment 332 #
2015/0288(COD)
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
The seller shall reimburse the consumer without undue delay, and in any event within 14 days from the day on which the seller was informed of the consumer's decision to invoke his right to a price reduction.
Amendment 333 #
2015/0288(COD)
Proposal for a directive
Article 12 – paragraph 1 b (new)
Article 12 – paragraph 1 b (new)
The seller shall carry out the reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer expressly agrees otherwise. The seller shall not impose any fees on the consumer in respect of the reimbursement.
Amendment 334 #
2015/0288(COD)
Proposal for a directive
Article 13 – title
Article 13 – title
The consumer's right to terminateion of the contract for lack of conformity
Amendment 335 #
2015/0288(COD)
Proposal for a directive
Article 13 – paragraph -1 (new)
Article 13 – paragraph -1 (new)
-1. In the case of a lack of conformity of the goods with the contract, the consumer shall be entitled to terminate the contract if the lack of conformity with the contract is not minor and if it has or may have a substantial effect on the consumer's use of the goods.
Amendment 338 #
2015/0288(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The consumer shall exercise the right to terminateend the contract by notice to the seller given by any meansan unequivocal statement setting out his or her decision to terminate the contract.
Amendment 349 #
2015/0288(COD)
Proposal for a directive
Article 13 – paragraph 3 – point a
Article 13 – paragraph 3 – point a
(a) the seller shall reimburse to the consumer the price paidall sums received under the contract without undue delay and in any event not later than 14 days from receipt of the notice and shall bear the cosunequivocal statement on termination of the contract referred to in paragraph 1. The seller shall carry out the reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer expressly agrees otherwise. The seller shall not impose any fee on the consumer in respect of the reimbursement;.
Amendment 352 #
2015/0288(COD)
Proposal for a directive
Article 13 – paragraph 3 – point b
Article 13 – paragraph 3 – point b
(b) the consumer shall return, at the seller's expense, to the seller the goods without undue delay after send in any event not later than 14 days from sending the notice of terminationg the unequivocal statement on termination of the contract referred to in paragraph 1;
Amendment 364 #
2015/0288(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
The consumer shall be entitled to a remedy for the lack of conformity with the contract of the goods where the lack of conformity becomes apparent within a period of not less than two years as from the relevant time for establishing conformity. If, under national legislation, the rights laid down in Article 9 are subject to a limitation period, that period shall not be shorter than two years from the relevant time for establishing conformity with the contract.
Amendment 379 #
2015/0288(COD)
Proposal for a directive
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. The guarantee statement shall be made available on ain writing or on another durable medium and shall be drafted in plain, intelligible language. It shall include the following:
Amendment 386 #
2015/0288(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Commercial guarantees for lifespan 1. The producer of a technical product shall guarantee to the consumer the fitness of the product for its foreseeable minimum lifespan and shall indicate the duration of that lifespan. The indicated timeframe shall not be shorter than the legal prescription period applying in the Member State where the consumer has his habitual residence and shall reflect the expectations of a reasonable and typical consumer. 2. Where the producer does not fulfil his obligations in accordance with paragraph 1, the obligations owed by him to the consumer shall be the same as those owed by the supplier.
Amendment 408 #
2015/0288(COD)
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20 a National law and minimum protection 1. The rights resulting from this Directive shall be exercised without prejudice to other rights which the consumer may invoke under the national rules governing contractual or non-contractual liability. 2. Member States may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection.
Amendment 412 #
2015/0288(COD)
Proposal for a directive
Recital 7
Recital 7
(7) While consumers enjoy a high level of protection when they purchase online or otherwise at a distance from abroad as a result of the application of Regulation (EC) No 593/2008, fragmentation also impacts negatively on consumers’ levels of confidence in e- commerce. While several factors contribute to this mistrust, uncertainty about key contractual rights ranks prominently among consumers’ concerns. This uncertainty exists independently of whether or not consumers are protected by the mandatory consumer contract law provisions of their own Member State in the case where a seller directs his cross- border activities to them or whether or notThere is clearly a need to raise consumers’ awareness of their rights with regard to the length of the legal guarantee period and of the reversal of burden of proof in order to increase consumers concludefidence in cross-border contracts with a seller without the respective seller pursuing commercial activities in the consumer's Member Statepurchases.
Amendment 413 #
2015/0288(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Fully harmonised consumer contract law rules will make it easier for traders to offer their products in other Member States. Businesses will have reduced costs as they will no longer nA cautious approach is needed with regard to the extension of scope; the potential impact of the proposed changes on businesses who currently are not active in the online or distance sales world runs to an estimated €12 billion. Whilst businesses across the Union may agreed to take account of different consumer mandatory rules. They will enjoy more legal certainty when selling at a distance to other Member States through a stable contract law envirhat the costs of current legal fragmentation are burdensome, there is a lack of specific data on the actual fragmentation costs of the current regime. Without an accurate picture of the costs this will impose on businesses, and bearing in mind the domestic Member State consumer protection measures have been in place for several years already, it is difficult to justify extending the scope when it will undoubtedly reduce consumer protection mentasures in several Member States.
Amendment 414 #
2015/0288(COD)
Proposal for a directive
Recital 26
Recital 26
(26) In order to allow businesses to rely on a single set of rules across the Union, it is necessary to fully harmonise the period of time during which the burden of proof for the lack of conformity is reversed in favour of the consumer. Within the first two years, in order to benefit from the presumption of lack of conformity, the consumer should only establish that the good is not conforming, without needing to demonstrate that the lack of conformity actually existed at the relevant time for establishing conformity. In order to increase legal certainty in relation to available remedies for lack of conformity with the contract and in order to eliminate one of the major obstacles inhibiting the Digital Single Market, a fully harmonised order in which remedies can be exercised should be provided for. In particular, the consumer should enjoy a choice between repair or replacement as a first remedy which should help in maintaining the contractual relation and mutual trust. Moreover, enablingThere is a need for a free choice of remedies in order to prevent consumers’ rights in several Member States being diminished. It would be arbitrary to impose a hierarchy of remedies upon consumers when there is also an absence of clear information regarding the order in which consumers will prioritise the available remedies. It should be left to the consumers to require repair should encourage a susthave the choice avainlable consumption and could contribute to a greater durability of productto them to decide on an individual basis.
Amendment 415 #
2015/0288(COD)
Proposal for a directive
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. This Directive shall not apply to goods in which digital content or a digital service is embedded, unless the trader or the consumer proves that the lack of conformity lies in the hardware of the good.
Amendment 416 #
2015/0288(COD)
Proposal for a directive
Article 1 – paragraph 3 b (new)
Article 1 – paragraph 3 b (new)
3b. This Directive shall apply to public auctions.
Amendment 417 #
2015/0288(COD)
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Within their own territory, Member States in which the consumer goods are marketed may, in accordance with the Treaty, require that the guarantee is drafted in one or more languages which it shall determine from among the official languages of the Union.
Amendment 418 #
2015/0288(COD)
Proposal for a directive
Recital 2
Recital 2
(2) For the good functioning of the internal market, the harmonisation of certain aspects concerning contracts for sales of goods, taking as a base a high level of consumer protection, is necessarywhile recognising Member States’ competences, is justifiable. Keeping in mind the evolving and complex European case law on this subject matter, and in order to provide a greater degree of legal certainty to businesses and consumers alike, Member States should be able to maintain or introduce more stringent provisions for the protection of consumers in so far as provided for, or not expressly regulated otherwise in this Directive.
Amendment 419 #
2015/0288(COD)
Proposal for a directive
Recital 3
Recital 3
(3) E-commerce is one of the maina key drivers for growth within the internal market. However its growth potential is far from being fully exploited. In order to strengthen Union competiveness and to boost growth, the Union needs to act swiftly and encourage economic actors to unleash the full potential offered by the internal market. The full potential of the internal market can only be unleashed if all market participants enjoy smooth access to cross-border sales of goods, including in e- commerce transactions. Contracts are an indispensable legal tool for most economic transactions. The contract law rules on the basis of which market participants conclude transactions are among the key factors shaping business’ decisions whether to offer goods cross- border. Those rules also influence consumers’ willingness to embrace and trust this type of purchase.
Amendment 420 #
2015/0288(COD)
Proposal for a directive
Recital 4
Recital 4
(4) TheCertain Union rules applicable to the sales of goods are still fragmented althoughhave already been harmonised, including rules on pre- contractual information requirements, the right of withdrawal for distance contracts and delivery conditions have already been fully harmonised. Other key contractual elements such as the conformity criteria, the remedies and modalities for their exercise for goods which do not conform to the contract are currently subject to minimum harmonisation inregulated at a minimum level by Directive 1999/44/EC of the European Parliament and of the Council46. Member States have been allowed to go beyond the Union standards and introduce rules that ensure even higher levelIn practice, therefore, national provisions transposing the Union legislation ofn consumer protection. Having done so, they have acted on different elements and to different extents. Thus, national provisions transposingcontract law, in particular Directive 1999/44/EC, significantly diverge today on essential elements of what constitutes a sales contract, such as the absence or existence of a hierarchy of remedies, the period of the legal guarantee, the period of the reversal of the burden of proof, or the notification of the defect to the seller. __________________ 46 Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees OJ L 171, 7.7.1999, p.12.
Amendment 421 #
2015/0288(COD)
Proposal for a directive
Recital 7
Recital 7
(7) While online sales of goods constitute the vast majority of cross-border sales in the Union, differences in national contract laws equally affect retailers using distance sales channels and retailers selling face-to-face and prevent them from expanding across borders. This Directive should cover all sales channels, in order to create a level playing field for all businesses selling goods to consumers. By laying down uniform rules across sales channels, this Directive should avoid any divergence that would create disproportionate burdens for the growing number of omni-channel retailers in the Union. The need for retaining consistent rules on sales and guarantees for all sales channels was confirmed in the Fitness Check of EU consumer and marketing law, which also covered Directive 1999/44/EC.48 __________________ 48 Commission Staff Working Document{SWD(2017) 208 final}, Report of the Fitness Check on Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’); Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts; Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers; Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees; Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers' interests; Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertisingAt the same time, this Directive should also ensure a very high level of consumer protection in accordance with Union law in order to provide consumers with the confidence to buy cross-border and in order to enhance the functioning of the internal market.
Amendment 423 #
2015/0288(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive should not affect contract laws of Member States in areas not regulated by this Directive. In addition, its implementation should under no circumstances constitute grounds for reducing the level of protection afforded to consumers in fields that fall within the scope of Union law. Furthermore, in certain areas regulated by this Directive Member States should also be free to lay down rules in relation to those aspects which are not regulated in this Directive: this concerns limitation periods for exercising the consumers' rights and commercial guarantees. Finally, in relation to the right of redress of the seller, Member States should be free to provide more detailed conditions on the exercise of such right.
Amendment 425 #
2015/0288(COD)
Proposal for a directive
Recital 26
Recital 26
(26) In order to allow businesses to rely on a single set of rules across the Union, it is necessary to fully and to provide a high level of consumer protection, it is justified to harmonise the period of time during which the burden of proof for the lack of conformity is reversed in favour of the consumer. Within the first two years, in addition to a short-term right to reject goods, the consumer should, in order to benefit from the presumption of lack of conformity, the consumer should onlyonly have to demonstrate that the good is not conforming, without also needing to demonstrate that the lack of conformity actually existed at the relevant time for establishing conformity. In addition, in order to increase legal certainty in relation to the available remedies for lack of conformity with the contract and in order to eliminate one of the major obstacles inhibiting the internal market, a fully harmonised order in which remedies can be exercised, provision should be provimaded for. In particular, the consumer should enjoy a choice between repair or replacement as a first remedy which should help in maintaining the contractual relation and mutual trust. Moreover, enabling consumers to require repair should encourage a sustainable consumption and could contribute to a greater durability of product harmonised rules that enshrine the principle of a free choice of remedies.
Amendment 426 #
2015/0288(COD)
Proposal for a directive
Recital 34
Recital 34
(34) In order to ensure transparency, certain transparency requirements for commercial guarantees should be provided. Moreover in order to improve legal certainty and to avoid that consumers are misled, this Directive should provide that where commercial guarantee conditions contained in advertisements or pre- contractual information are more favourable to the consumer than those included in the guarantee statement the more advantageous conditions should prevail. Finally, this Directive should provide rules on the content of the guarantee statement and the way it should be made available to consumers. Member States should be free to lay down rules on other aspects of commercial guarantees not covered by this Directive, provided that those rules do not deprive consumers of the protection afforded to them by the fully harmonised provisions of this Directive on commercial guarantees. This Directive should ensure that consumers continue to enjoy a high degree of consumer protection in accordance with Union law with regard to commercial guarantees.
Amendment 427 #
2015/0288(COD)
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 428 #
2015/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘producer’, in relation to goods, means the manufacturer of goodsa product, the importer of goods into the Union or, the producer of any raw material or the manufacturer of a component part, as well as any person purporting to be a producer by placing their name, trade mark or other distinctive sign on the goods;
Amendment 429 #
2015/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) ‘free of charge’ means free of the necessaryusual costs incurred in order to bring the goods into conformity, particularly the cost of postage, labour and materials
Amendment 430 #
2015/0288(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 432 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. A repair or replacement shall be completed within a reasonable time, and in any event within 30 days from the moment the seller has acquired physical possession of the goods or the consumer has handed over the goods to the carrier chosen by the seller. Such repair or replacement shall be without any significant inconvenience to the consumer, taking account of the nature of the goods and the purpose for which the consumer required the goods.
Amendment 79 #
2015/0287(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) Article 169(1) and point (a) of Article 169(2) of the Treaty on the Functioning of the European Union (TFEU) provide that the Union is to contribute to the attainment of a high level of consumer protection through measures adopted pursuant to Article 114 TFEU.
Amendment 80 #
2015/0287(COD)
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1 b) Article 38 of the Charter of Fundamental Rights of the European Union provides that Union policies are to ensure a high level of consumer protection and Article 47 of the Charter provides that everyone whose rights under Union law are violated shall have the right to an effective remedy. Article 16 of the Charter recognises the freedom to run a business in accordance with Union and national law and practices.
Amendment 82 #
2015/0287(COD)
Proposal for a directive
Recital 2
Recital 2
(2) For the achievement of a genuine digital single market, the harmonisation of certain aspects concerning contracts for supply of digital content, taking as a base a high level of consumer protect and digital services as a common platform for all Member States while recognising Member States' competences within the Union, is necessary.
Amendment 94 #
2015/0287(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Differences in national mandatory consumer contract law rules and a lack of clear contract law rules are among the key obstaclre an essential pre-condition for a learning process which hinder the development of the supply of digital content, as very few tailor-made rules exist at Union level. Businesses face additional costs stemming from differences in national mandatory consumer contract law rules and legal uncertainty when selling digital content across borders. Businesses also face costs when adapting their contracts to specific mandatory rules for theithin the European Union, whereas a maximum harmonisation approach would bear the risk of making contractual law non-responsive to swift technological or behavioural developments and changes. This is because maximum harmonisation would prevent Member States from adopting more stringent rules in their national laws and thus prevent them from quickly and adequately responding to new business practices detrimental to consumers. Suppliers willing to supply of digital content are already emerging in several Member States, creating differences in scope and content between specific national rules governing these contracts. In those Member States where there are not yetnd digital services cross-border would benefit highly from the European Union's harmonisation efforts, despite a minimum harmonisation approach, as only very few Member States possess specific rules foron the supply of digital content, traders willing to sell cross-border face uncertainty, as they will often not know which rules apply to digital content and digital services. This gives the Union the opportunity to harmonise this area of law and set common (high) standards, while acknowledging theat Member State thes may want to export to, nor the content of those rules and whether they amaintain certain national provisions. Business-to-business transactions are regulated differently in each Member State and should re mandatory.in outside the scope of this Directive ;
Amendment 110 #
2015/0287(COD)
Proposal for a directive
Recital 5
Recital 5
(5) In order to remedy these problems, both businesses and consumers should be able to rely on fully harmonised rulehigh common standards for the supply of digital content and digital services setting out Union-wide contractual rights which are essential for this type of transactioncreate an equal playing field for various actors.
Amendment 120 #
2015/0287(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Fully harmonised consumer contract law rules in all Member States will make it easier for businesses to offer digital content cross-border. They will have a stable contract law environment when selling online and otherwise at a distance to other Member States. Fully harmonised rules specific for digital content throughout the EUMinimum standards on a high level of consumer protection will premove the complexity caused by the different national rules that currently apply to contracts for the supply of digital content. They will also prevent legal fragmentation that otherwise would arise fvent obstructions of the four freedoms in the area of the supply of digital content and digital services while leaving room newfor national legisldeviations regulating specifically digital content matters and without endangering the harmony of national contractual law.
Amendment 128 #
2015/0287(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Consumers willalready benefit from fully harmonisedthe European Union's past harmonisation efforts and will profit greatly from common rights for digital content and digital services at a high level of protection. They will have clear rights when they receive or access digital content and digital services from anywhere in the EU. This will increase their confidence in buyaccessing digital content. This will also contribute to reducing the detriment consumers currently suffer, since there will be a set of clear rights that will enable them to address problems they face with digital content and digital services.
Amendment 136 #
2015/0287(COD)
Proposal for a directive
Recital 8
Recital 8
(8) This Directive should fully harmonise a set of key rules that are so far not regulated at Union level while leaving room for regulatory competition. It should include therefore rules on conformity of the digital content and digital services, remedies available to consumers in cases of lack of conformity of digital content and digital services with the contract and certain modalities for the exercise of those remedies. This Directive should also harmonise certain aspects concerning the right to terminate a long term contract, as well as certain aspects concerning the modification of the digital content.
Amendment 144 #
2015/0287(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 168 #
2015/0287(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to meet the expectations of consumers and ensure a clear-cut and simple legal framework for suppliers of digital content offered on a duratangible medium, in relation to conformity requirements and remedies available to consumers for non-conformity, this Directive should apply to goods such as DVDs and CDs, incorporatingdigital content integrated in goods such as household appliances, toys and storage devices where that digital content is embedded in such a way that the goods function only as a carrier of the digital content. Theit operates as an integral part of the goods and cannot easily be un- installed by the consumer, unless the seller proves that the lack of conformity lies in the hardware of the good. To the same avail, this Directive should also apply to the digital content supplied on a durable medium, independently whether it is soldgoods such as DVDs and CDs, incorporating digital content in such a way that the goods function only ats a distance or in face-to-face situations, so as to avoid fragmentation between the different distribution channels. Thecarrier of the digital content, unless the seller proves that the lack of conformity lies in the hardware of the good. Directive 2011/83 should continue to apply to those goods, including tohe obligations related to the delivery of goods, remedies in case of the failure to deliver and the nature of the contract under which those goods are supplied. Theis Directive is also without prejudice to the distribution right applicable to theose goods under copyright law.
Amendment 181 #
2015/0287(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13 a) The protection of natural persons in relation to processing of their personal data is a fundamental right. If a provision of this Directive conflicts with a provision of Regulation (EU) 2016/6791a the provision of that Regulation should take precedence over this Directive. The implementation and application of this Directive should be made in full compliance with the legal framework in the field of personal data and should supplement those rules where necessary in order to ensure a parallel protection of personal privacy and the dignity it seeks to secure through contract law. The exercise of rights granted under Regulation (EU) 2016/679 in a contractual context should not be put at risk by possible claims for damages or unjustified enrichment as a consequence of the exercise of those rights, which would go against the spirit of Recital 42 of Regulation (EU) 2016/679, which states that „(c)onsent should not be regarded as freely given if the data subject has no genuine or free choice or is unable to refuse or withdraw consent without detriment." _________________ 1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
Amendment 184 #
2015/0287(COD)
Proposal for a directive
Recital 13 b (new)
Recital 13 b (new)
(13 b) Terms not individually negotiated and that concern the processing of personal data or any other data provided by the consumer to the supplier in the context of the conclusion or performance of the contract, including data generated by the consumer's use of any digital content or services supplied, should be subject to unfairness control under the national provisions implementing Directive 93/13/EC and should not be considered as defining the main subject matter of the contract within the meaning of Article 4(2) of Directive 93/13/EC. Also, any standard term that would reduce or undermine any right afforded to the consumer as a data subject under Regulation (EU) 2016/679, including any term defining the functionality and other performance features of the digital content or digital service in a way that is not in conformity with Article 25 of Regulation (EU) 2016/679, should always be regarded as unfair within the meaning of Article 3(1) of Directive 93/13/EC.
Amendment 185 #
2015/0287(COD)
Proposal for a directive
Recital 14
Recital 14
Amendment 238 #
2015/0287(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In cases where tThe contract does notshould stipulate sufficiently clear and comprehensive benchmarks to ascertain the conformity of the digital content and digital services with the contract, i. It is also necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights. In such cases the conformity with the contract should be assessed considering the purpose for which digital content or digital services of the same description would normally be used.
Amendment 256 #
2015/0287(COD)
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31 a) In order to avoid a potential gap for contracts for the supply of digital content and digital services, the conditions for any binding commercial guarantees, notably pre-contractual information, advertising and guarantee statements should be laid down.
Amendment 261 #
2015/0287(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Due to the specific nature of digital content with its high complexity as well as the supplier's better knowledge and access to know how, technical information and high-tech assistance, it is the supplier who is in a better position than the consumer to know the reasons for the digital content or digital service not being in conformity with the contract. The supplier is also in a better position to assess whether the lack of conformity with the contract is due to incompatibility of the consumer's digital environment with the technical requirements for the digital content. Therefore, in case of a dispute, it should be for the supplier to prove that the digital content is in conformity with the contract, unless the supplier proves that the consumer's digital environment is not compatible with the digital content. Only where the supplier proves that the consumer's digital environment is not compatible with the interoperability and other technical requirements, it should be for the consumer to prove that the digital content is not in conformity with the contract.
Amendment 266 #
2015/0287(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Without prejudice to the fundamental rights to the protection of private life, including confidentiality of communications, and the protection of personal data of the consumer, the consumer should cooperate with the supplier in order to allow the supplier to ascertain the consumer's digital environment with the use of the least intrusive means which are at the disposal of both parties in the circumstances. This may often be done for instance by providing the supplier with automatically generated incident reports or details of the consumer's internet connection. Only in exceptional and duly justified circumstances where with the best use of all other means there is no other way possible, this may also be done by allowing virtual access to the consumer's digital environment. However, where the consumer does not cooperate with the supplier, it should be for the consumer to prove that the digital content or digital service is not in conformity with the contract provided that the consumer was informed about this consequence.
Amendment 272 #
2015/0287(COD)
Proposal for a directive
Recital 34
Recital 34
(34) The supplier should be liable to the consumer for the lack of conformity with the contract and for any failure to supply the digitalany failure to supply the digital content or a digital service and for the lack of conformity with the contenract. Moreover, given that digital content or digital services may be supplied over a period of time, it is justified that the supplier should be liable for any lack of conformity which occurs during that period.
Amendment 280 #
2015/0287(COD)
Proposal for a directive
Recital 35
Recital 35
(35) A failure ofWhere the supplier fails to supply the digital content or a digital service to the consumer in accordance with the contract is a serious breach of the main contractual obligatthe consumer should call to make the supply within an additional and appropriate periond of the supplier, whichime. Any failure to supply within this additional period of time should allow the consumer to immediately terminate the contract. Where the supplier has initially not failed to supply the digital content or digital services, interruptions of the supply making the digital content or digital services not available or accessible to the consumer over a short period of time should be treated as non-conformity with the contract, and not a failure to supply. In particular, the requirement of proper continuity of the digital content should also cover more than negligible short term interruptions of the supply.
Amendment 283 #
2015/0287(COD)
Proposal for a directive
Recital 36
Recital 36
Amendment 294 #
2015/0287(COD)
(37) As a second step, the consumer should be entitled to have the price reduced or the contract terminated. The right of a consumer to have the contract terminated should be limited to those cases where for instance bringing the digital content to conformity is not possible and the non-conformity impairs the main performance features of the digital content. Where the consumer terminates the contract, the supplier should reimburse the price paid by the consumer or, wWhere the digital content is supplied not in exchange for a price but against access to data provided by the consumer, the supplier should refrain from using it, from transferring that data to third parties or allowing third parties to acstop processing it after termination of the contract. Fulfilling the obligation to refrain from using data should mean in the case when the counter-performance consists of personal data, that the supplier should take all measures in order to comply with data protection rules by deleting it or rendering it anonymous in such a way that the consumer cannot be identified by any means likely reasonably to be used either by the supplier or by any other person. Without prejudice to obligations of a controller under Directive 95/46/ECRegulation (EU) 2016/679 the supplier should not be obliged to undertake any further steps in relation to data which the supplier has lawfully provided to third parties in the course of the duration of the contract for the supply of the digital content.
Amendment 307 #
2015/0287(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Upon termination the supplier should also refrain from ustop processing the content generated by the consumer. However, in those cases where more than one consumer generated particular content, the supplier is entitled to continue to use the content generated by the consumer where those other consumers make use of it.
Amendment 326 #
2015/0287(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Considering the need to balance legitimate interests of consumers and suppliers, where the digital content or a digital service are provided over a period of time in exchange for a payment of a price, gives rise to the right to terminate, the consumer should be entitled to terminate only the part of the contract which corresponds to the time when the digital content or digital service was not in conformity with the contract. However where the digital content or digital service is provided against data as a counter- performance other than money partial termination is not feasible because it is impossible to proportionally apportion a counter- performance other than money.
Amendment 330 #
2015/0287(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Due to its nature the digital content or a digital service, except when supplied as embedded software or ancillary software to a tangible good, is not subject to wear and tear while being used and it is often supplied over a period of time rather than as a one-off supply. It is, therefore, justified not to provide a period during which the supplier should be held liable for any lack of conformity which exists at the time of the supply of the digital content. Consequently Member States should refrain from maintaining or introducing such a period. Member States should remain free to rely on national prescription rules in order to ensure legal certainty in relation to claims based on the lack of conformity of digital content.
Amendment 339 #
2015/0287(COD)
Proposal for a directive
Recital 44
Recital 44
(44) The principle of the supplier's liability for damages is an essential element of the contracts for supply of digital content. In order to increase consumers' trust in digital content this principle should thus be regulated at Union level to ensure that consumers do not suffer a detriment if their hardware or software is damaged by digital content or digital services which is not in conformity with the contract. Therefore, consumers should be entitled to a compensation for material damages caused to the consumer's digital environment and possible non-material damage resulting thereof, by a lack of conformity with the contract or a failure to supply the digital content or a digital service pursuant to the general principle that a claimant is entitled to be put in such a position as if the circumstance that caused her damage had not happened. However, it should be for Member States to lay down the detailed conditions for the exercise of the right to damages, while taking into account that discounts on prices for future supplies of the digital content, especially when offered by suppliers as an exclusive compensation for losses, do not necessarily put the consumer as nearly as possible into the position in which the consumer would have been if the digital content had been duly supplied and been in conformity with the contract.
Amendment 344 #
2015/0287(COD)
Proposal for a directive
Recital 45
Recital 45
(45) Due to technological or other reasons the supplier might be compelled to change features of the digital content or digital services supplied over a period of time. These changes are often to the advantage of the consumer as they improve the digital content or digital services. Consequently, the parties to the contract may include respective clauses in the contract which allow the supplier to undertake modifications. However, where such modifications negatively affect the way the consumer benefits from main performance features of the digital content or digital services, they may disturb the balance of the contract or the nature of the performance due under the contract to an extent that the consumer may not have concluded such a contract. Therefore, in such cases these modifications should be subject to certain conditions.
Amendment 359 #
2015/0287(COD)
Proposal for a directive
Recital 50
Recital 50
(50) Directive 1999/44/EC of the European Parliament and of the Council35 [1] should be amended to reflect the scope of this Directive in relation to a duragoods in which digital content or a digital service is embedded and in relation to a tangible medium incorporating digital content where it has been used exclusively as carrier of the digital content to the consumer. _________________ 35[1] OJ L 171,7.7.1999, p.12. .
Amendment 364 #
2015/0287(COD)
Proposal for a directive
Recital 54 a (new)
Recital 54 a (new)
Amendment 369 #
2015/0287(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down certain requiremene purpose of this Directive is the approximation of the laws, regulations and administrative provisions of the Member States on certain aspects concerning contracts for the supply of digital content or digital services to consumers, in particular rules on conformity of digital content with the contract, remedies in case of the lack of such conformity and the modalities for the exercise of those remedies as well as on modification and termination of such contracts.
Amendment 419 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
6 a. "data as counter-performance" means personal data or other data provided by the consumer to the supplier in the context of the conclusion or performance of the contract, including data generated by the consumer's use of any digital content or digital service supplied, and which the supplier or a third party uses, on the basis of the consumer's consent or otherwise.
Amendment 452 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall apply to any contract where the supplier supplies digital content to the consumer or undertakes to do so and, in exchange, a price is to be paidor undertakes to supply digital content or a digital service to the consumer in exchange for payment of a price and/or personal data or othe consumer actively provides counter-pr data provided by the consumerf ormance other than money in the form of personal data or any other data collected by the supplier or a third party.
Amendment 464 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. With the exception of Articles 5 and 11, this Directive shall apply to any durable medium incorporating digital content where the durable medium has been used exclusively as carrier of digital contentgoods in which a digital content is embedded unless the supplier proves that the lack of conformity lies in the hardware of the good. This Directive shall also apply to tangible media which serve exclusively as carrier of digital content, unless the supplier proves that the lack of conformity lies in the tangible medium.
Amendment 488 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 5 – point b
Article 3 – paragraph 5 – point b
(b) electronic communication services as defined in Directive 2002/21/EC;, with the exception of number-independent interpersonal communication services which are covered by this Directive.
Amendment 509 #
2015/0287(COD)
Proposal for a directive
Article 4
Article 4
Amendment 535 #
2015/0287(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The supplier shall supply the digital content or digital service immediately after the conclusion of the contract, unless the parties have agreed otherwise. The supplyier shall be deemed to take place when the digital content is suppliedhave fulfilled his obligation to supply when the digital content or digital service is made available or is accessible to the consumer or, where point (b) or (c) of paragraph 1 applies, to the third party chosen by the consumer, whichever is the earlierapplicable.
Amendment 541 #
2015/0287(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Amendment 604 #
2015/0287(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
Where the digital content or digital service is incorrectly integrated into the consumer's digital environment, any lack of conformity resulting from the incorrect integration shall be regarded as lack of conformity ofwith the digital contenract if:
Amendment 607 #
2015/0287(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the digital content or digital service was integrated by the supplier or under the supplier’'s responsibility; or
Amendment 610 #
2015/0287(COD)
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the digital content or digital service was intended to be integrated by the consumer and the incorrect integration was due to shortcomings in the integration instructions where those instructions were supplied in accordance with point (cb) of Article 6(1) or should have been supplied in accordance with point (c) of Article 6(21).
Amendment 617 #
2015/0287(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. At the time tThe digital content is supplied to the consumer, theor digital contentservice shall be free ofrom any restriction resulting from any right of a third party, including based on intellectual property, so that rights, that may prevent the consumer using the digital content can be usedor digital service in accordance with the contract.
Amendment 625 #
2015/0287(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where the digital content is supplied over a period of time, the supplier shall, for the duration of that period, keep the digital content supplied to the consumer free of any right of a third party, including that based on intellectual property, so thatrights following from the terms of a license, that may prevent the consumer from using the digital content can be usedor digital service in accordance with the contract.
Amendment 635 #
2015/0287(COD)
Proposal for a directive
Article 8 b (new)
Article 8 b (new)
Article 8 b Commercial guarantees for lifespan 1. The producer of a technical good in which digital content or a digital service is embedded shall guarantee to the consumer the fitness of the product for its foreseeable minimum life span and indicate how long this life span is. The indicated timeframe shall not be shorter than the legal prescription period of the Member State where the consumer has his habitual residence and shall reflect the expectations of a reasonable and typical consumer. 2. When the producer does not fulfil his obligations according to paragraph 1, he shall have the same obligations to the consumer as the supplier.
Amendment 650 #
2015/0287(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Paragraph 1 shall not apply where the supplier shows that the digital environment of the consumer is not compatible with interoperability and other technical requirements of the digital content or digital service and where the supplier informed the consumer of such requirements before the conclusion of the contract.
Amendment 656 #
2015/0287(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The consumer shall cooperate with the supplier to the extent possible and necessary to determascertaine the consumer's digital environment in order to be able to establish whether the lack of conformity existed at the time of supply. The obligation to cooperate shall be limited to the technically available means which are the least intrusive for the consumer. Only in exceptional and duly justified circumstances where there are no other means available the consumer shall grant the supplier upon request virtual access to the consumer's digital environment. Where the consumer fails to cooperate, the burden of proof with respect to the non- conformity with the contract shall be on the consumer.
Amendment 664 #
2015/0287(COD)
Proposal for a directive
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) any failure to supply the digital content or digital service in accordance with Article 5 and Article 11 (1);
Amendment 668 #
2015/0287(COD)
Proposal for a directive
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) any lack of conformity with the contract (i) which exists at the time the digital content is supplied; andor digital service is supplied; or (ii) where the contract provides that the digital content or digital service shall be supplied over a period of time, any lack of conformity which occurs during the duration of that period.
Amendment 693 #
2015/0287(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Where the supplier has failed to supply the digital content or the digital service in accordance with Article 5 the consumer shall be entitled to terminate the contract immediately under Article 13.
Amendment 695 #
2015/0287(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
The first paragraph shall not be applicable where the supplier has refused to supply the digital content or digital services or where supply within the agreed period is essential taking into account all the circumstances attending the conclusion of the contract or where the consumer informs the supplier, prior to the conclusion of the contract, that supply by or on a specified date is essential. In those cases, if the supplier fails to supply at the relevant time pursuant Article 5(2), the consumer shall be entitled to terminate the contract immediately.
Amendment 699 #
2015/0287(COD)
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11 a In the case of a lack of conformity of the digital content or digital service with the contract, the consumer shall be entitled to choose between the following remedies: (a) have the digital content or digital service brought into conformity with the contract, in accordance with Article 12a; (b) be entitled to a price reduction, in accordance with Article 12b; (c) terminate the contract, in accordance with Articles 13, 13a and 13b.
Amendment 700 #
2015/0287(COD)
Proposal for a directive
Article 12 – title
Article 12 – title
Amendment 706 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
In the case of a lack of conformity with the contract, the consumer shall be entitled to have the digital content or digital service brought into conformity with the contract free of charge, unless this is factually or legally impossible, disproportionate or unlawful.
Amendment 709 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2 – introductory part
Article 12 – paragraph 1 – subparagraph 2 – introductory part
Bringing the digital content or digital service into conformity with the contract shall be deemed to be disproportionate where the costs it imposes on the supplier are unreasonable. The following shall be taken into account when deciding whether the costs are unreasonable:
Amendment 714 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2 – point a
Article 12 – paragraph 1 – subparagraph 2 – point a
(a) the value the digital content or digital service would have if it were in conformity with the contract; and
Amendment 722 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2 – point b
Article 12 – paragraph 1 – subparagraph 2 – point b
(b) the significance of the lack of conformity with the contract for attaining the purpose for which the digital content or digital service of the same description would normally be used.
Amendment 727 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The supplier shall bring the digital content or digital service in conformity with the contract pursuant to paragraph 1 within a reasonable time from the time the supplier has been informed by the consumer about the lack of conformity with the contract and without any significant inconvenience to the consumer, taking account of the nature of digital content and the purpose for which the consumer required this digital content.
Amendment 732 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 3 – introductory part
Article 12 – paragraph 3 – introductory part
3. The consumer shall be entitled to ewither a proportionate reduction of the price in the manner set out in paragraph 4 where the digital content is supplied in exchange for a payment of a price, or terminate the contract under paragraph 5 and Arthold the payment of any outstanding part of the price, or where the non- conformity is minor, an appropriate proportion of the outstanding amount of the price, until the supplier has brought the digital content or digital service into conformity with the contract. Where the digital content or digital service is to be supplied over a period of time, and for a period the digital content or digital service did not conform to the contract, the consumer may withhold payment of the pricle 13, whereby an appropriate amount.
Amendment 737 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 3 – point a
Article 12 – paragraph 3 – point a
Amendment 740 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 3 – point b
Article 12 – paragraph 3 – point b
Amendment 744 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 3 – point c
Article 12 – paragraph 3 – point c
Amendment 746 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 3 – point d
Article 12 – paragraph 3 – point d
Amendment 750 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 755 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 769 #
2015/0287(COD)
Proposal for a directive
Article 12 b (new)
Article 12 b (new)
Article 12 b Price reduction 1. As an alternative remedy to bringing into conformity, in the case of a lack of conformity of the digital content or digital service with the contract, the consumer shall be entitled to an appropriate reduction of the price in the manner set out in paragraph 2 where the digital content is supplied in exchange for a payment of a price. 2. The reduction in price shall be proportionate to the decrease in the value of the digital content or digital service which was received by the consumer compared to the value of the digital content or digital service would have if it were to be in conformity with the contract. 3. Where the digital content or digital service is to be supplied over a period of time, and for a certain period the digital content or digital service did not conform to the contract, the consumer shall be entitled to a price reduction proportionate to the period during which the digital content or digital service did not work conform to the contract. 4. The supplier shall reimburse the consumer without undue delay, and in any event within 14 days from the day on which the supplier was informed of the consumer's decision to invoke his right for a price reduction. The supplier shall give the refund using the same means of payment as the consumer used to pay for the digital content or digital service, unless the consumer expressly agrees otherwise. The supplier shall not impose any fee on the consumer in respect of the refund.
Amendment 770 #
2015/0287(COD)
Proposal for a directive
Article 13 – title
Article 13 – title
Termination of the contract for lack of conformity
Amendment 772 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The consumer shall exercise the right to terminate the contract by notice to the supplier given by any meansAs an alternative remedy to bringing into conformity or price reduction, in the case of a lack of conformity of the digital content or digital service with the contract, the consumer shall be entitled to terminate the contract if the lack of conformity with the contract is not minor and causes or may cause a substantial effect on the consumer's use or enjoyment of the digital content or digital service. The burden of proof that the lack of conformity with the contract does not have substantial effect on the consumer's use or enjoyment of the digital content or digital service shall be on the supplier.
Amendment 785 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. Where the consumer terminatesdigital content or digital service has been supplied in exchange for data as counter-performance, the consumer shall be entitled to terminate the contract for any lack of conformity with the contract:.
Amendment 786 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
Amendment 789 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
Amendment 801 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
Amendment 813 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point d
Article 13 – paragraph 2 – point d
Amendment 815 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point e
Article 13 – paragraph 2 – point e
Amendment 824 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 830 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 836 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Where the digital content has been supplied in exchange for a payment of a price and over the period of time stipulated in the contract, the consumer mayshall be entitled to terminate the contract only in relation to that part of the period of time where the digital content has not been in conformity with the contractfrom the date on which the digital content or digital service ceased to be in conformity with the contract, unless the lack of conformity with the contract is such as to justify termination of the contract as a whole.
Amendment 839 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5 a. The consumer shall exercise the right to terminate the contract by an unequivocal statement setting out his decision to terminate the contract.
Amendment 841 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 845 #
2015/0287(COD)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Amendment 851 #
2015/0287(COD)
Proposal for a directive
Article 13 b (new)
Article 13 b (new)
Article 13 b Obligations of the consumer in the event of termination 1. In the event of termination, where the digital content or digital service was not supplied on a tangible medium, the consumer shall refrain from using the digital content or making it available to third parties, in particular by deleting the digital content or rendering it otherwise unintelligible. 2.Where the digital content or digital service was supplied on a tangible medium or embedded in a good, the consumer shall (i) upon the request of the supplier, return, at the supplier's expense, the durable tangible medium or the good to the supplier without undue delay, and in any event within 14 days from the receipt of the supplier's request; and (ii) delete any usable copy of the digital content, render it unintelligible or otherwise refrain from using it or making it available to third parties. 3.The consumer shall not be liable to pay for any use made of the digital content or the digital service in the period prior to the termination of the contract.
Amendment 853 #
2015/0287(COD)
Proposal for a directive
Article 13 c (new)
Article 13 c (new)
Amendment 857 #
2015/0287(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The supplier shall be liable to the consumer for any economicmaterial damage to the digital environment of the consumer, and for non-material damage to the consumer resulting thereof, caused by a lack of conformity with the contract or a failure to supply the digital content or the digital service. Damages shall put the consumer as nearly as possible into the position in which the consumer would have been if the digital content had been duly supplied and been in conformity with the contract.
Amendment 870 #
2015/0287(COD)
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. The consumer's right to damages under paragraph 1 shall be without prejudice to any other rights to damages under the applicable national law.
Amendment 906 #
2015/0287(COD)
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. Where the consumer chooses to remain on his or her present version of digital content or digital service, the supplier shall no longer be obliged to provide for features that have a service included in the contract for the digital content or digital service which have been rendered inaccessible or un-unusable to the consumer by the consumer's refusal to integrate the modification in to their digital environment, until such time as the consumer chooses to integrate that modification.
Amendment 912 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Where the contract provides for the supply of the digital content for an indeterminate period or where the initial contract duration or any combination ofdigital service for a fixed duration longer than 12 months or where any combination of subsequent contracts or renewal periods exceeds 12 months from the conclusion of the initial contract, the consumer shall be entitled to terminate the contract any time after the expiration of the first 12 months period.
Amendment 928 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Where the digital content or digital service is supplied in exchange for a payment of a price, the consumer remains liable to pay the part of the price for the digital content or digital service supplied corresponding to the period of time before the termination becomescontract ended effectively.
Amendment 933 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 4 – introductory part
Article 16 – paragraph 4 – introductory part
4. Where the consumer terminateends the contract in accordance with this Article:
Amendment 940 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 4 – point a
Article 16 – paragraph 4 – point a
(a) the supplier shall take all measures which could be expected in order to refrain from the use of other counter- performance than moneydata which the consumer has provided in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer;
Amendment 943 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 4 – point b
Article 16 – paragraph 4 – point b
(b) the supplier shall provide the consumer with technical means to retrieve all any content provided by the consumer and any other data produced or generated through the consumer's use of the digital content to the extent this data has been retained by the supplier. The consumer shall be entitled to retrieve thesuch content or data without significant inconvenience, in reasonable time and in a commonly used data format. The aforementioned obligations do not apply to content [or data] that cannot exist outside the specific digital ecosystem in which it was generated as well as data that has been anonymised or pseudonymised; and
Amendment 961 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Upon terminationWhen the contract ends, the supplier may prevent any further use of the digital content by the consumer, in particular by making the digital content not accessible to the consumer or disabling the user account of the consumer, without prejudice to paragraph (4) point (b).
Amendment 964 #
2015/0287(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Where the supplier is liable to the consumer because of any failure to supply the digital content or digital service or a lack of conformity with the contract resulting from an act or omission by a person in earlier links of the chain of transactions, the supplier shall be entitled to pursue remedies against the person or persons liable in the chain of transactions or a third party who has granted an end- use license to the consumer. The person against whom the supplier may pursue remedies and the relevant actions and conditions of exercise, shall be determined by national law.
Amendment 969 #
2015/0287(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive, taking account in particular of the need for consumers to be informed about, enabled and facilitated to enforce their rights in practice. Such means shall include legal mechanisms to enable two or more natural persons or their representative entities to claim remedies collectively where appropriate.
Amendment 971 #
2015/0287(COD)
Proposal for a directive
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. The means referred to in paragraph 1 shall include provisions whereby one or more of the following bodies,representative bodies, under justified and appropriate criteria as determined by national law, may take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this Directive are applied. Such bodies shall include, but are not limited to:
Amendment 972 #
2015/0287(COD)
Proposal for a directive
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) public bodies or their representatives; and
Amendment 973 #
2015/0287(COD)
Proposal for a directive
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) consumer organisations having a legitimate interest in protecting consumers; and
Amendment 977 #
2015/0287(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
Directive 1999/44/EC
Article 1 – paragraph 2 – point b – indent 4
Article 1 – paragraph 2 – point b – indent 4
- a duratangible medium incorporating digital content where it has been used exclusively as carrier of the digital content to the consumer as referred to in Directive (EU) N/XXX39 . _________________ 39 Directive (EU) N/XXX of the European Parliament and of the Council of …. on contracts for the supply of digital content (OJ …)
Amendment 978 #
2015/0287(COD)
Proposal for a directive
Article 20 – paragraph 1 – indent 1 (new)
Article 20 – paragraph 1 – indent 1 (new)
Directive 1999/44/EC
Article 1 – paragraph 2 – point b – indent 4 a (new)
Article 1 – paragraph 2 – point b – indent 4 a (new)
- goods in which a digital content or is embedded, unless the supplier proves that the lack of conformity lies in the hardware of the good."
Amendment 980 #
2015/0287(COD)
1 a. In the Annex to Directive 93/13/EC, the following points are added in paragraph 1: "(qa) enabling the supplier to unduly limit the interoperability of digital content or a digital service with hardware and other digital content or digital services; (qb) requiring the consumer to conclude an additional contract for the supply of digital content or a digital service or a contract pertaining to hardware with the seller or a third party; (qc) circumventing by contractual means the rights of the data subject under Regulation (EU) 2016/679 governing the protection of consumers' personal data."
Amendment 982 #
2015/0287(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
The Commission shall, not later than on [the date of five years after entry into force] review the application of this Directive and submit a report to the European Parliament and the Council and the European Economic and Social Committee taking full account of the process of scrutiny and review on the application and implementation of this Directive. The review process shall include meaningful and detailed consultation and involvement with Member States and consumer, legal and business organisations at Union level. The report shall examine, inter alia, the case for harmonisation of rules applicable to contracts for the supply of digital content against counter-performance other than that covered by this Directive, in particular supplied against advertisement or indirect collection of data.
Amendment 20 #
2015/0284(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Since the internal market comprises an area without internal frontiers relying, inter alia, on the free movement of services and persons, it is necessary to provide that consumers canGuaranteeing permanent access to online content services for consumers throughout the European Union based on subscriptions contracted in the Member State of residence is an important element for the completion of the Single Market and the effective enforcement of the principles of free movement of persons and services. Consumers should be able to use online content services which offer access to content such as music, games, films or sporting events not only in their Member State of residence but also when they are temporarily present in other Member States of the Union for purposes such as business or leisure travel, periods of study. Therefore, barriers that hamper access and use of such online content services cross borders should be eliminated.
Amendment 32 #
2015/0284(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers' location. There is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their home countryMember State of residence but also when they are temporarily present in another Member State of the Union.
Amendment 36 #
2015/0284(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Consumers increasingly enter into contractual arrangements with service providers for the provision of online content services. However, consumers that are temporarily present in another Member State of the Union often cannot continue accessing and useing the online content services that they have acquired the right to use in their home countryMember State of residence.
Amendment 50 #
2015/0284(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Therefore, increasingly, online content services are marketed in a package in which content which is not protected by copyright and/or related rights is not separable from content which is protected by copyright and/or related rights without substantially lessening the value of the service provided to consumers. This is especially the case with premium content such as sporting or other events of significant interest to consumers. In order to enable service providers to deliver to consumers full access to their online content services for the duration of the temporary stay in a Member State other than the Member State of residence, it is indispensable that this Regulation also covers such content used by online content services and therefore that it applies to audiovisual media services in the meaning of Directive 2010/13/EU as well as to transmissions of broadcasting organisations in their entirety.
Amendment 58 #
2015/0284(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, the objective of this Regulation is to adapt theprovide a legal framework in order to ensure that the licensing of rights no longer presents barriers to cross-border portability of online content services in the Union and that the cross- border portability can be ensuredfor the provision of online content services based on a robust enforcement mechanism underpinning a legal fiction designed to permit portability of online content services to consumers who are temporarily present in a Member State other than that of residence without additional costs.
Amendment 67 #
2015/0284(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) This Regulation should not affect the application of any provision of the Union related to taxation.
Amendment 78 #
2015/0284(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation should apply only to online content services which subscribers can effectively access and use in their Member State in which they habituallyof residence without being limited to a specific location, as it is not appropriate to require service providers that do not offer portable services in their home country to do so across borders.
Amendment 96 #
2015/0284(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in Member States other than the Member State of residence of the subscribers. Requiring that the delivery of online content services to subscribers temporarily present in Member States other than their Member State of residence be of the same quality as in the Member State of residence could result in high costs for service providers and thus ultimately for subscribers. Therefore, it is not appropriate for this Regulation to require that the provider of an online cwhilst this Regulation does not impose disproportionatent service take measures to ensur requirements to guarantee the same quality of delivery of such services beyond the quality available via the local online access chosen by a subscriber while temporarily present in another Member State. In such cases the provider shall not be liable if the quality of delivery of the service is lower. Nevertheless, the provider should explicitly and duly inform the subscriber on a durable medium about the quality of the delivery of an online content service in a Member State other than that of residence and about clear technical settings preventing the service provider from guaranteeing identical quality standards in the country of temporary stay. In such cases the provider shall not be liable if the quality of delivery of the service is lower. This information should be regarded as material for the purposes of Article 7(5) of Directive 2005/29/EC. Moreover, if the provider expressly agrees to guarantee certain quality of delivery to subscribers while temporarily present in other Member States, the provider shall be bound by such agreement.
Amendment 111 #
2015/0284(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Service providers should not be liable for breach of any contractual provisions contrary to the obligation to enable their subscribers to use the service in the Member State of their temporary presence. Therefore clauses in contracts designed to prohibit or limit the cross- border portability of online content services across the Union should be unenforceable.
Amendment 114 #
2015/0284(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in Member States other than the Member State of residence of the subscribers. The Regulation enables right holders to require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this Regulation. It is necessary, however, to ensure that the required means are reasonable, not intrusive, proportionate and do not go beyond what is strictly necessary in order to achieve this purpose. Examples of the necessary technical and organisational measures may include sampling of IP address instead of constant monitoring of location, transparent information to the individuals about the methods used for the verification and its purposes, and appropriate security measures. Considering that for purposes ofTo that effect, providers should rely on the verification what mattermeans lis not the location, but rather, in which Member State the subscriber is accessing tted in this regulation. The service, precise location data should not be collected and processed for this purpose. Similarly, where authentication of a subscriber is sufficient in order to deliver the service provided, identification of the subscriber should not be required means should also not constitute an excessive burden for subscribers.
Amendment 124 #
2015/0284(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Verifications means may include the implementation of currently used means for periodic checking of relevant information of IP addresses to the extent that this is necessary for the purposes of this Regulation. Considering that for purposes of the verification what matters is not the precise location, but rather the subscriber's temporary presence in another Member State while accessing the service, data on precise location or any other personal data should not be collected and processed for this purpose. Similarly, where authentication of a subscriber is sufficient on order to deliver the service provided, identification of the subscriber should not be required. The verification process should be carried according to privacy and data protection rules.
Amendment 145 #
2015/0284(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation introduces a common approachlegal framework to ensuring that subscribers to portable and legally acquired online content services in the Unionir Member States of residence, when temporarily present in a Member State other than that of residence, can access and use these services.
Amendment 152 #
2015/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
(1a) This Regulation is without prejudice to the Union law in the field of taxation.
Amendment 154 #
2015/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) "Subscriber" means any consumer who, on the basis of a contract for the provision of an online content service with a provider, mayhas access and use such service in the Member State of residence;
Amendment 163 #
2015/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) "Member State of residence" means the Member State where the subscriber is habituallyhas his or her actual and stable residingence;
Amendment 169 #
2015/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) "Temporarily present" means a in a Member State" means a non-permanent presence of a subscriber in a Member State other than the Member State of residence;
Amendment 174 #
2015/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) "Online content service" means a service as defined by Articles 56 and 57 of the Treaty on the Functioning of the European Union that a service provider is lawfully providing online in the Member State of residence on a portable basis and which is an audiovisual media service within the meaning of Directive 2010/13/EU or a service the main feature of which is the provision of access to and use of works, other protected subject matter or transmissions of broadcasting organisations, whether in a linear or an on- demand manner, which is provided to a subscriber on agreed terms either: (1) (2) provided that the subscriber's Member State of residence is verified by the provider;; against payment of money; or without payment of money
Amendment 185 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) The provider of an portable online content service provided against payment of money shall enable a subscriber who is temporarily present in a Member State to access and use the online content service available in his or her Member State of residence without imposing additional costs.
Amendment 194 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
(1a) The application of this Regulation cannot be circumvented by virtue of the choice of the law of a non-member country as the law applicable to contracts signed between service providers and rights holders or to contracts between providers and subscribers.
Amendment 196 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
(3) THowever, the provider of an online content service shall duly inform the subscriber, on a durable medium, before the subscription of the contract or, for contracts subscribed before the date of application of this Regulation, in due time before that date, of the quality of delivery of the online content service provided in accordance with paragraph 1 and of the conditions of portability set out in accordance with this Regulation.
Amendment 199 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 a (new)
Article 3 – paragraph 3 – subparagraph 1 a (new)
Notwithstanding paragraph 2 of this Article, and unless objective technical failures occur, providers of online content services shall guarantee to the subscriber temporarily present in a Member State other than that of residence the same level of quality that is provided to the subscribers habitually residing in the Member State where he or she is temporarily present.
Amendment 204 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
(3a) Online service providers shall not limit the obligations set out in paragraph 1 of Article 3 on the basis of the use of any specific technology or devices.
Amendment 214 #
2015/0284(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Option to enable portability The provider of an online content service provided without payment of money may choose to enable its subscribers who are temporarily present in a Member State to access and use the online content service on the condition that the provider verifies effectively the subscriber's Member State of residence in accordance with this Regulation. The service provider shall inform subscribers, the relevant holders of copyright and related rights and those holding any other rights in the content of online content service of its decision to provide the online content service in accordance with paragraph 1 of this Article prior to providing that service. The information shall be provided by means which are adequate and proportionate. If the provider chooses to provide the online content service in accordance with paragraph 1 of this Article, this Regulation shall apply to that provider entirely.
Amendment 217 #
2015/0284(COD)
Proposal for a regulation
Article 3 b (new)
Article 3 b (new)
Article 3b Verification of the Member State of residence (1) The provider of an online content service provided against payment of money shall make use of effective means in order to verify the Member State of residence of its subscribers. These verification means shall be reasonable, not intrusive, proportionate and shall not go beyond what is strictly necessary in order to achieve the purpose of this Regulation. These means shall not constitute an excessive burden for the subscribers. (2) In order to comply with the obligation set out in paragraph 1, the provider shall rely on the following verification means: (a) a declaration by the subscriber on their Member State of residence; (b) any valid document confirming subscriber's Member State of residence; (c) the billing address or the postal address of the subscriber; (d) bank details such as bank account, local credit or debit card of the subscriber; (e) the place of installation of a set top box or a similar device used for supply of services to the subscriber; (f) the subscriber being a party to a contract for internet or telephone connection in the Member State; (g) the subscriber paying a licence fee for other services provided in the Member State, such as public service broadcasting; (h) currently used technical means for periodic checking of relevant information of IP addresses, to the extent that is strictly necessary for the purposes of this Regulation. (3) Unless the Member State of residence can be sufficiently established on the basis of a single verification means, the provider shall rely on a combination of such means. (4) The declaration of a subscriber on their Member State of residence shall only be used in combination with one or more other verification means. (5) The service provider shall not track the location of the subscriber by means of Internet Protocol (IP) sampling or other means of geolocation in order to comply with the obligation of paragraph 1 of Article 3.
Amendment 227 #
2015/0284(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
(1a) Paragraph 1 is without prejudice to the possibility of the service provider allowing the subscriber to also access the content licensed to the service provider in the Member State where the subscriber is temporarily present.
Amendment 243 #
2015/0284(COD)
Proposal for a regulation
Article 6
Article 6
The processing of personal data carried out within the framework of this Regulation including, in particular, for purposes of verification of the Member State of residence under Article 5(2)3b, shall be carried out in compliance with Directives 95/46/EC and 2002/58/EC.
Amendment 249 #
2015/0284(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
(1a) Three years after the entry into force of this Regulation, and at three-year intervals thereafter, the Commission shall assess the application of this Regulation and submit to the European Parliament and to the Council a report on the application of this Regulation. The report shall include, inter alia, an assessment of the effectiveness of the verification means of the Member State of residence, including newly developed industry standards and practices, and, if necessary, on the need for a review. The Commission's report shall be accompanied, if appropriate, by legislative or non-legislative proposal(s).
Amendment 190 #
2015/0281(COD)
Proposal for a directive
Recital 19
Recital 19
(19) This Directive respects the principles recognised by, in accordance with Article 2 and 6 of the Treaty on the European Union, respects fundamental rights and freedoms and observesthe European Convention for the protection of human rights and fundamental freedoms, and other relevant obligations under international law, should not have the effect of requiring Member States to take measures arbitrarily or unnecessarily limiting fundamental rights and freedoms and the principles recognised in particular by the Charter of Fundamental Rights of the European Union, including those set out in Chapters II, III, V and VI thereof which encompass inter alia the right to liberty and security, freedom of expression and information, freedom of association and freedom of thought conscience and religion, the general prohibition of discrimination in particular on grounds of race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, the right to respect for private and family life and the right to protection of personal data, the principle of legality and proportionality of criminal offences and penalties, covering also the requirement of precision, clarity and foreseeability in criminal law, the presumption of innocence as well as freedom of movement as set forth in Article 21(1) of the Treaty on the Functioning of the European Union and Directive 2004/38/EC. This Directive has to be interpreted and implemented in accordance with these rights and principles.
Amendment 196 #
2015/0281(COD)
Proposal for a directive
Recital 20
Recital 20
(20) The implementation of the criminalisation under this Directive should be proportional to the nature and circumstances of the offenceach case, with respect to the legitimate aims pursued and to their necessity in a democratic society, and should exclude any form of arbitrariness or discrimination.
Amendment 206 #
2015/0281(COD)
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1 a Human rights and fundamental principles 1. Member States shall ensure that the implementation of this Directive is carried out while respecting human rights obligations, in particular the freedom of movement, freedom of expression and information, freedom of association and freedom of thought, conscience and religion as set forth in the Charter of Fundamental Rights of the European Union, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights and other obligations under international law. 2. Member States are not required to take measures in contradiction of constitutional rules relating to freedom of the press and freedom of expression in other media governing the rights and responsibilities of, and the procedural guarantees for, the press or other media where these rules relate to the determination or limitation of liability. 3. The establishment, implementation and application of the criminalisation under this Directive should furthermore be subject to the principle of proportionality, with respect to the legitimate aims pursued and to their necessity in a democratic society, and should exclude any form of arbitrariness or discriminatory or racist treatment. 4. Nothing in this Directive shall affect rights, obligations and responsibilities of a Member State and individuals under international law, including international humanitarian law. The activities of armed forces during an armed conflict, as those terms are understood under international humanitarian law, which are governed by that law, are not governed by this Directive, and the activities undertaken by military forces of a Member State in the exercise of their official duties, inasmuch as they are governed by other rules of international law, are not governed by this Directive.
Amendment 259 #
2015/0281(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Fundamental principles relating to freedom of expression 1. This Directive shall not have the effect of requiring Member States to take measures in contradiction to fundamental rights and principles, especially those relating to freedom of thought and expression, in particular for the press and other media, as they result from fundamental principles governing the rights and responsibilities of, and the procedural guarantees for, the press or other media where these rules relate to the determination or limitation of liability. 2. Nothing in this Directive should be interpreted as being intended to reduce or restrict the dissemination of information for scientific, academic or reporting purposes. The expression of radical, polemic or controversial views in the public debate on sensitive political questions, including terrorism, falls outside the scope of this Directive and, in particular, of the definition of public provocation to commit terrorist offences.
Amendment 294 #
2015/0281(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall take the necessary measures to ensure that providing or collecting funds, by any means, directly or indirectly, with the intent that they should be used, or knowing that they are to be used, in full or in part, to commit any of the offence(s)s referred to in Articles 3 to 10 and 12 to 14 or 16, 4 and 9 is punishable as a criminal offence when committed intentionally.
Amendment 324 #
2015/0281(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
For an offence referred to in Article 4 and Title III to be punishable, it shall not be necessary that a terrorist offence be actually committed, nor shall it be necessary to establish a link to a specific terrorist offence or, insofar as the offences in Articles 9 to 11 are concerned, to specific offences related to terrorist activities.
Amendment 360 #
2015/0281(COD)
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Article 21a Fundamental rights and principles 1. This Directive shall not have the effect of altering the obligation to respect fundamental rights and principles enshrined in the Charter of Fundamental Rights of the European Union and Articles 2 and 6 of the Treaty on European Union, as well as in the European Convention for the Protection of Human Rights and Fundamental Freedoms and International humanitarian law, and shall be implemented and interpreted in accordance with these rights and principles. 2. Any restriction to fundamental rights and freedoms must be provided for by the law and be necessary and proportionate for the aim pursued. 3. Any person whose fundamental rights and freedoms have been violated in the exercise of counter-terrorism powers or the application of counter-terrorism law shall have the right to a speedy, effective and enforceable judicial remedy.
Amendment 164 #
2015/0278(COD)
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
Having regard to the Charter of Fundamental Rights of the European Union, in particular Article 26 thereof,
Amendment 165 #
2015/0278(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to contribute to the proper functioning of the internal market by approximating laws, regulations and administrative provisions of the Member States, by eliminating barriers to the free movement of certain accessible products and services This will increase the availiability of accessible products and services on the internal market.
Amendment 170 #
2015/0278(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The disparities between the laws and administrative measures adopted by the Member States in relation to accessibility of products and services for persons with functional limitations includingand persons with disabilities create barriers to the free movement of such products and services and distort effective competition in the internal market. Economic operators, in particular small and medium-sized enterprises (SMEs), are particularly affected by those barriers.
Amendment 179 #
2015/0278(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The entry into force of the Convention in the Member States’ legal orders entails the need to adopt additional national provisions on accessibility of products and services and the built environment related to the provision of goods and services which without Union action would further increase disparities between national provisions.
Amendment 182 #
2015/0278(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Products and services falling within the scope of this Directive are the result of a screening exercise, carried out during the preparation of the Impact Assessment that identified those relevant products and services for persons with functional limitations, includingolder persons and persons with disabilities and older persons, for which Member States have adopted or are likely to adopt diverging national accessibility requirements.
Amendment 203 #
2015/0278(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In someThe concept of accessibility should be seen as a whole. In many situations, common accessibility requirements of the built environment would facilitateare a prerequisite to the free movement of the related services and of persons with disabilities. Therefore, this Directive enables Member States to include the built environment used in the provision of the services under the scope of this Directive, ensuring compliance with the accessibility requirements set in Annex X.
Amendment 225 #
2015/0278(COD)
Proposal for a directive
Recital 36
Recital 36
(36) For reasons of proportionality, accessibility requirements should only apply to the extent that they do not impose a disproportionate burden on the economic operator concerned, or require a change in the products and services which would result in their fundamental alteration in accordance with the specified criteria. Only legitimate reasons should be taken into account in any assessment of the extent to which the accessibility requirements cannot be met because they would impose a disproportionate burden. Lack of priority, time or knowledge should not be considered as legitimate reasons.
Amendment 232 #
2015/0278(COD)
Proposal for a directive
Recital 40
Recital 40
(40) In the absence of harmonised standards and where needed for market harmonisation purposes, the Commission should be able adopt or to specify needs of persons with functional limitations and persons with disabilities, the Commission should be able adopt, in cooperation with organisations representing persons with disabilities, implementing acts establishing common technical specifications for the accessibility requirements set in this Directive.
Amendment 250 #
2015/0278(COD)
Proposal for a directive
Recital 50
Recital 50
(50) A safeguard procedure should be set up which applies only in the event of disagreement between Member States over measures taken by a Member State under which interested parties are informed of measures intended to be taken with regard to products not complying with the accessibility requirements of this Directive. It should allow market surveillance authorities, in cooperation with organisations representing persons with disabilities and the relevant economic operators, to act at an earlier stage in respect of such products.
Amendment 258 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
-1. In order to improve the functioning of the internal market, this Directive aims at approximating the laws, regulations and administrative provisions of the Member States, by eliminating barriers to the free movement of certain accessible products and services.
Amendment 331 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 1
Article 2 – point 1
(1) “accessible products and services” are products and services that are perceptible, operable, usable and understandable for persons with functional limitations, including persons with disabilities, on an equal basis with others;
Amendment 337 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 3
Article 2 – point 3
(3) “persons with functional limitations” means persons who have any physical, mental, cognitive, intellectual or sensory impairment, age -related impairment, or other human body performance -related causes, permanent or temporary, which in interaction with various barriers result in their reduced access to products and services, leading to a situation that requires adaptation to their particular needs of those products and services;
Amendment 338 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 4
Article 2 – point 4
(4) “persons with disabilities” include persons who have long-term physical, mental, cognitive, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others;
Amendment 387 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 10
Article 3 – paragraph 10
10. Member States may decide, in the light of national conditions,shall ensure that the built environment used by clients of passenger transport services including the environment that is managed by service providers and by infrastructure operators as well as the built environment used by clients of banking services, and customer services centres and shops under the scope of telephony operators as well as any other service or place for the purchase of any of the products included in this Directive shall comply with the accessibility requirements of Annex I, section X, in order to maximise their use by persons with functional limitations, including and persons with disabilities.
Amendment 472 #
2015/0278(COD)
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Even if a service, or part of a service, is subcontracted to a third party, the accessibility of that service should not be compromised and the obligations of this Directive shall apply.
Amendment 477 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 3 – point b
Article 12 – paragraph 3 – point b
(b) the estimated costs and benefits for the economic operators in relation to the estimated benefit for persons with functional limitations and persons with disabilities, taking into account the frequency and duration of use of the specific product or service.
Amendment 495 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6a. A structured dialogue shall be established between relevant stakeholders, including organisations representing persons with disabilities and the market surveillance authorities to ensure that adequate principles for the assessment of the exemptions are established to make sure they are coherent.
Amendment 497 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 6 b (new)
Article 12 – paragraph 6 b (new)
6b. Member States are encouraged to provide incentives and guidelines to microenterprises and SMEs to facilitate the implementation of this Directive. The procedures and guidelines shall be developed in consultation with relevant stakeholders, including organisations representing persons with disabilities.
Amendment 499 #
2015/0278(COD)
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Relevant stakeholders, including organisations representing persons with disabilities, shall be consulted systematically as part of the procedure for the adoption of implementing acts.
Amendment 547 #
2015/0278(COD)
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
4. Where a competent authority has used the exception provided for in paragraphs 1, 2 and 3 for a specific product or service it shall notify the Commission thereof. The notification shall include the assessment referred to in paragraph 2 and it shall be made available to the public in accessible formats.
Amendment 555 #
2015/0278(COD)
Proposal for a directive
Article 25 – paragraph 2 – point b a (new)
Article 25 – paragraph 2 – point b a (new)
(ba) provisions whereby a comprehensive and adequately resourced complaints mechanism for consumers is established to complement a system of implementation and monitoring.
Amendment 571 #
2015/0278(COD)
Proposal for a directive
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Member States using the possibility provided for in Article 3(10) shall communicate to the Commission the text of the main provisions of national law which they adopt to that end and shall report to the Commission on the progress made in their implementation.
Amendment 575 #
2015/0278(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The report shall, based on the notifications received, assess whether this Directive has achieved its objectives, in particular with regard to enhancing the free circulation of accessible products and services. It shall, inter alia, address in the light of social, economic and technological developments and the level of compliance with this Directive, the evolution of the accessibility of products and services and the need to include or exclude new products and services under the scope of the Directive. The Commission shall also evaluate the functioning of Articles 12 and 22 and their impact on economic operators and persons with disabilities, identifying where possible, areas for burden reduction, with a view to assessing the need to review this Directive.
Amendment 502 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point f c (new)
Article 1 – paragraph 1 – point 2 – point f c (new)
Directive 2008/98/EC
Article 3 – point 23 (new)
Article 3 – point 23 (new)
(fc) the following point 26 is added: (23) 'Distribution obligation' means the obligation incumbent upon the owner of a food which is suitable for surrender to surrender the food to another party. A distribution obligation may be imposed on food shops, businesses selling corresponding products and public and private entities such as hospitals and schools. The distribution obligation shall be conditional, and shall become operative if a non-profit third party, such as a charitable organisation, is willing to collect food suitable for consumption and make it available for distribution free of charge;
Amendment 925 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 1 – indent 5 a (new)
Article 9 – paragraph 1 – indent 5 a (new)
– prevent edible food from being thrown away in shops, hospitals, schools, and the like, for example by imposing a distribution obligation on such establishments;
Amendment 150 #
2015/0269(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established and holding in their possession firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation and registration by the Member State concerned and provided that those firearms have been deactivatedmeasures are in place in order to avoid any risk to public security or public order and that the firearms concerned are stored with a level of security proportionate to the risks associated with unauthorized access to such firearms.
Amendment 175 #
2015/0269(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Since cCollectors have been identified as a possible source of traffic of firearms, they should be covered by this Directivthe same rights as other users covered by Directive 91/477/EC and should therefore be included in its scope.
Amendment 179 #
2015/0269(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Since brokers provide services similar to those of dealers, they should also be covered by this Directive and should be subject to the same obligations as dealers in all relevant respects.
Amendment 187 #
2015/0269(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Taking into consideration the high risk of reactivating badly deactivated weapons and in order to enhance security across the Union, deactivated firearms should be covered by this Directive. Additionally, for the most dangerous firearms stricter rules should be introduced in order to ensure that those firearms are not allowed to be owned or traded. Those rules should also apply to firearms of that category even after they have been deactivated. Where those rules are not respected, Member States should take appropriate measures including the destruction of those firearms.
Amendment 233 #
2015/0269(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Transitional measures should be provided for some of the new measures introduced on firearms in category A in order to avoid problems of implementation.
Amendment 234 #
2015/0269(COD)
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) This Directive should not limit the practice of sport activities, for which Member States may permit strictly limited exemptions for reasons of sport training and competitions.
Amendment 247 #
2015/0269(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) It is necessary to include minimum requirements for safe storage of firearms in Directive 91/477/EEC. Member States should ensure that any person that lawfully acquires or possesses a firearm is required to take reasonable precautions to ensure that the firearm – and the ammunition for that firearm – is secured from loss or theft and is not accessible to third parties.
Amendment 285 #
2015/0269(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Furthermore, the risk of alarm weapons and other types of blank firing weapons being converted to real firearms is high, and in some of the terrorist acts converted arms were used. It is therefore essential to address the problem of converted firearms being used in criminal offences, notably by including them in the scope of the Directive 91/477/EEC and by maintaining them under the category to which they respectively belonged before their transformation. Technical specifications for alarm and signal weapons as well as for salute and acoustic weapons should be adopted in order to ensure that they cannot be converted into firearms.
Amendment 323 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 91/477/EEC
Article 1 – paragraph 1b
Article 1 – paragraph 1b
1b. For the purposes of this Directive, "essential component" shall mean the barrel, framechamber, loader, frame, body, receiver, slide or cylinder, bolt or breaech block and any device designed or adapted to diminish the sound caused by firingor other mechanism for containing the pressure of discharge at the rear of the chamber of a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted.
Amendment 350 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1f
Article 1 – paragraph 1f
1f. For the purposes of this Directive, "alarm and signal weapons" shall mean portable devices with a cartridge holder having a gas exit to the front, aside or on the top, which are specifically designed and constructed for the purpose of raising alarm or sending a signal and which are only designed to fire blanks, irritants, other active substances or pyrotechnic ammunitionsignalling devices.
Amendment 354 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1g
Article 1 – paragraph 1g
1g. For the purposes of this Directive, "salute and acoustic weapons" shall mean firearms specifically converted for the sole use of firing blanks, for use in theatre performances, photographic sessions, movies and television recordings.
Amendment 365 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1h
Article 1 – paragraph 1h
1h. For the purposes of this Directive, "replica firearmfirearm reproductions" shall mean objects that have the physical appearance of a firearm, but and are manufactured in such a way that they cannot be converted to firing a shot or expelling a bullet or projectile by the action of a combustibled propellant.
Amendment 374 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1i
Article 1 – paragraph 1i
1i. For the purposes of this Directive, "deactivated firearms" shall mean firearms that have been modified with the purpose of rendering them permanently unfit for use by deactivation, ensuring that all essential parcomponents of the firearm have been rendered permanently inoperable and incapable of removal, replacement or a modification that would permit the firearm to be reactivated in any way.
Amendment 419 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any firearm or partessential component thereof placed on the market: (a) has been marked and registered in compliance with this Directiveprovided with a unique marking, which is clear and permanent; and (b) that marking is registered in compliance with this Directive without delay after manufacture or import into the Union. The Commission shall adopt implementing acts establishing technical specifications for the marking. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13b.
Amendment 459 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Amendment 481 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall makregulate the pursuit of the activity of dealers or brokers within their territory, making it conditional upon authorisation on the basis of at leastthe following measures: (a) registration of brokers and dealers operating within their territory; (b) licensing or authorisation of the activities of brokers and dealers; (c) a check of the private and professional integrity and of the abilities of the dealer or broker. In the case of a legal person, the check shall be on the legal person and on the person who directs the undertaking.
Amendment 488 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 1 – second sentence
Article 4 – paragraph 4 – subparagraph 1 – second sentence
This at data-filing system shall record each firearm's type, make, model, calibre and serial numberall information relating to firearms which is needed in order to trace and identify those firearms. That information shall include each firearm's type, make, model, calibre and serial number, and any conversions or modifications to a firearm, including its certified deactivation or destruction and the date thereof, as well as the names and addresses of the supplier and theof each person acquiring or possessing the firearm. The record of firearms, including deactivated firearms, shall be maintained until destruction of, including the dates of acquisition and, where applicable, the end of possession or transfer to another person. The current records relating to each firearm and the person possessing it shall be immediately accessible to all authorised authorities. All records relating to the firearm shasll been certified by the competent authorities maintained in an electronically retrievable format for an indefinite period after certified deactivation or destruction.
Amendment 502 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 91/477/EEC
Article 4b
Article 4b
Amendment 529 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) are not likely to be a danger to themselves or others, to public order or to public safety; having been convicted of a violent intentional crime shall be considered as indicative of such danger.
Amendment 572 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
Without prejudice to the first subparagraph of this paragraph, Member States may establish or maintain a system of monitoring on a continuous or periodic basis.
Amendment 576 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States shall withdraw the authorisations referred to in paragraph 1 if any of the conditions laid down in this Article is no longer met.
Amendment 585 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Member States shall take all appropriate steps to prohibit the acquisition and the possession of the firearms and ammunition classified in category A and to destroy those firearms and ammunition held in violation of this provision and seized. In special cases for reasons of national security and defence the competent authorities may grant strictly limited authorisations for such firearms and ammunition where this is not contrary to public security or public order.
Amendment 608 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Member States may authorise bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established to keep in their possession firearms classified in category A acquired before [the date of entry into force of this Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b), provided that effective measures are in place to avoid any risk to public security or public order and provided that the firearms concerned are stored with a level of security proportionate to the risks associated with unauthorised access to such firearms. Member States shall establish a register of all such authorised bodies and of the firearms in their possession classified in category A.
Amendment 633 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3
Article 6 – paragraph 3
The acquisition of firearms and their parts and ammunition concerning categories A, B and C by means of distance communication, as defined in Article 2 of Directive 97/7/EC of the European Parliament and of the Council(*), shall be authorised only with respect to dealers and brokers and shall be subject to the strict control ofby the Member States. The acquisition of ammunition of firearms classified in categories A, B and C by means of distance communication shall be permitted only if the ammunition in question corresponds to firearms legally owned by the buyer. (*) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 645 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
Member States may permit strictly limited exemptions from the prohibition of firearms classified in category A7 for reasons of sport training and competitions upon application from a recognised sport shooting organisation and following positive opinion from a national sport shooting federation.
Amendment 651 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
(6a) The following Article is inserted: "Article 6a Transitional measures Member States may allow firearms classified in category A6 or category A7 and legally acquired and registered before... (the date of the entry into force of this Amending Directive) to be: (a) kept by the legal owner under the storage condition referred to in Article 10ba; or (b) inherited; or (c) acquired by authorised bodies."
Amendment 710 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 4
Article 13 – paragraph 4
4. TFor the purpose of the efficient application of this Directive, the competent authorities of the Member States shall exchange information on the authorisations granted for the transfers of firearms to another Member State as well as information with regard toby electronic means via a data-exchange platform or interoperable data-exchange platforms, including, without limitation, information on the structure of their computerised data-filing systems as referred to in Article 4(4) with a view to enabling their interconnection with other existing instruments concerning: (a) their application of Articles 5 and 6; (b) authorisations granted for the transfer of firearms to another Member State; and (c) refusals to grant authorisations as definedprovided for in Article 7.
Amendment 715 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 13a concerning the modalities of exchange of information on authorisations granted and on refusals and the establishment and maintenance of a European platform for data exchange. The Commission shall adopt the first such delegated act by ... [9 months after the date of entry into force of this Amending Directive].
Amendment 769 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 7
Annex I – part II – point A – category A – point 7
7. Semi-automatic firearms for civilian use which resemble weapons with automatic mechanismwith one or more of the following characteristics: (a) allowing the user to fire more than 11 rounds without reloading, if a magazine with a capacity exceeding 10 cartridges is connected to the firearm; (b) having a magazine holding more than 10 rounds; (c) long, but capable of being reduced to a length of less than 60cm without losing functionality, notably by means of a folding or telescoping stock or by a stock that can be removed without using tools;
Amendment 780 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 8
Annex I – part II – point A – category A – point 8
Amendment 785 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 8 a (new)
Annex I – part II – point A – category A – point 8 a (new)
8a. Any firearm under category A which has been converted into a salute and acoustic weapon.
Amendment 786 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i a (new)
Article 1 – point 13 – point a – point i a (new)
Directive 91/477/EEC
Annex I – part II – point A – category B – point 4
Annex I – part II – point A – category B – point 4
(ia) in category B, point 4 is replaced by the following: "4. Semi-automatic long firearms whose magazine and chamber can together hold more than three but fewer than 12 rounds."
Amendment 800 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point ii
Article 1 – point 13 – point a – point ii
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7
Annex I – part II – point A – category B – point 7
(ii) in category B, point 7 is deleted.replaced by the following: "7. Semi-automatic firearms for civilian use which resemble weapons with automatic mechanisms and which are not included in category A."
Amendment 805 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point ii a (new)
Article 1 – point 13 – point a – point ii a (new)
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7 a (new)
Annex I – part II – point A – category B – point 7 a (new)
(iia) in Category B, the following point is added: "7a. Any firearm under category B which has been converted to a salute and acoustic weapon."
Amendment 807 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point ii b (new)
Article 1 – point 13 – point a – point ii b (new)
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7 b (new)
Annex I – part II – point A – category B – point 7 b (new)
(iib) in category B, the following point is added: "7b. Firearms classified in points 1 to 7 of category A after having been deactivated."
Amendment 816 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – category C – point 5
Annex I – part II – point A – category C – point 5
5. Alarm and signal weapons, salute and acoustic weapons as well as replica and reproduction firearms;
Amendment 818 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – category C – point 5 a (new)
Annex I – part II – point A – category C – point 5 a (new)
5a. Any firearm under this category having been converted to salute and acoustic weapons.
Amendment 23 #
2015/0211(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) All Member States have signed and ratified the 1951 Geneva Convention Relating to the Status of Refugees and all Union measures are subject to the Charter of Fundamental Rights. The provisions of Directive 2013/32/EU related to the application of the safe country of origin concept should be applicable in relation to third countries that are on the EU common list established by this Regulation. This means, in particular, that the circumstance that a third country is on the EU common list of safe countries of origin cannot establish an absolute guarantee of safety for nationals of that country and constitute per se a ground for inadmissibility of any asylum application. It does not dispense therefore with the need to conduct an appropriadequate and complete individual examination of the application for international protection. In addition, it should be recalled that, where an applicant shows that there are serious reasons to consider the country not to be safe in his or her particular circumstances, the designation of the country as safe can no longer be considered relevant for him or her and the principle of non-refoulement therefore applies. The asylum seeker should have reasonable time to prove his/her situation and the possibility to appeal against a decision taken with accelerated procedures, in accordance with Article 46 of Directive 2013/32/EU. The applicant should be allowed to remain on the Member State's territory until the national authority has decided upon the appeal. The time limits should not render such exercise impossible or excessively difficult.
Amendment 25 #
2015/0211(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) There are cases where a country can be considered as generally free of persecution and serious harm but not in relation to certain parts of its territory, the members of a particular minority or for its female population. In such cases, the country could be included in the EU common list with reserve for such particular territories and/or people.
Amendment 26 #
2015/0211(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
Amendment 28 #
2015/0211(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Commission should regularly reviewcontinuously monitor the situation in third countries that are on the EU common list of safe countries of origin and conduct reviews in this regard at least every six months. In case of sudden change for the worse in the situation of a third country on the EU common list, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of suspending the presence of this third country from the EU common list for a period of one year where it considers, on the basis of a substantiated assessment, that the conditions set by Directive 2013/32/EU for regarding a third country as safe country of origin are no longer met. For the purpose of this substantiated assessment, the Commission should take into consideration a range of sources of information at its disposal including in particular, its Annual Progress Reports for third countries designated as candidate countries by the European Council, regular reports from the European External Action Service (EEAS) and the information from Member States, the European Asylum Support Office (EASO), the United Nations High Commissioner for Refugees (UNHCR), the Council of Europe and other relevant international organisations. The EU delegations in these countries should be tasked with monitoring for cases of refoulement and immediately report on any. The Commission should be able to extend the suspension of the presence of a third country from the EU common list for a period of maximum one year, where it has proposed an amendment to this Regulation in order to remove this third country from the EU common list of safe countries of origin. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 34 #
2015/0211(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) As regards Albania, the legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti-discrimination legislation, including membership of all major international human rights treaties. In 2014, the European Court of Human Rights found violations in four out of 150 applicationcases. There are no indications of any incidents of refoulement of its own citizens. In 2014, Member States considered that 7,8% (1040) of asylum applications of citizens from Albania were well-founded. At least eight Member States have designated Albania as a safe country of origin. Albania has been designated as a candidate country by the European Council. At that time the assessment was that Albania fulfilled the criteria established by the Copenhagen European Council of 21-22 June 1993 relating to stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities and Albania will have to continue to fulfil these criteria for becoming a member in line with the recommendations provided in the Annual Progress Report.
Amendment 36 #
2015/0211(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) As regards Bosnia and Herzegovina, its Constitution provides the basis for the sharing of powers between the country's constituent peoples. The legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti-discrimination legislation, including membership of all major international human rights treaties. In 2014, the European Court of Human Rights found violations in five out of 1196 applicationcases. There are no indications of any incidents of refoulement of its own citizens. In 2014, Member States considered that 4,6% (330) of asylum applications of citizens from Bosnia and Herzegovina were well-founded. At least nine Member States have designated Bosnia and Herzegovina as a safe country of origin.
Amendment 38 #
2015/0211(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) As regards the former Yugoslav Republic of Macedonia, the legal basis for protection against persecution and mistreatment is adequately provided by principle substantive and procedural human rights and anti-discrimination legislation, including membership of all major international human rights treaties. In 2014, the European Court of Human Rights found violations in six out of 502 applicationcases. There are no indications of any incidents of refoulement of its own citizens. In 2014, Member States considered that 0,9% (70) of asylum applications of citizens of the former Yugoslav Republic of Macedonia were well-founded. At least seven Member States have designated the former Yugoslav Republic of Macedonia as a safe country of origin. The former Yugoslav Republic of Macedonia has been designated as a candidate country by the European Council. At that time the assessment was that the former Yugoslav Republic of Macedonia fulfilled the criteria established by the Copenhagen European Council of 21-22 June 1993 relating to stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities and the former Yugoslav Republic of Macedonia will have to continue to fulfil these criteria for becoming a member in line with the recommendations provided in the Annual Progress Report.
Amendment 41 #
2015/0211(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) As regards Montenegro, the legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti-discrimination legislation, including membership of all major international human rights treaties. In 2014, the European Court of Human Rights found violations in 1 out of 447 applicationscase. There are no indications of any incidents of refoulement of its own citizens. In 2014, Member States considered that 3,0 % (40) of asylum applications of citizens of Montenegro were well-founded. At least nine Member States have designated Montenegro as a safe country of origin. Montenegro has been designated as a candidate country by the European Council and negotiations have been opened. At that time the assessment was that Montenegro fulfilled the criteria established by the Copenhagen European Council of 21-22 June 1993 relating to stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities and Montenegro will have to continue to fulfil these criteria for becoming a member in line with the recommendations provided in the Annual Progress Report.
Amendment 43 #
2015/0211(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) As regards Serbia, the Constitution provides the basis for self-governance of minority groups in the areas of education, use of language, information and culture. The legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti-discrimination legislation, including membership of all major international human rights treaties. In 2014, the European Court of Human Rights found violations in 16 out of 11 490 applicationcases. There are no indications of any incidents of refoulement of its own citizens. In 2014, Member States considered that 1,8% (400) of asylum applications of citizens from Serbia were well-founded. At least nine Member States have designated Serbia as a safe country of origin. Serbia has been designated as a candidate country by the European Council and negotiations have been opened. At that time the assessment was that Serbia fulfilled the criteria established by the Copenhagen European Council of 21-22 June 1993 relating to stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities and Serbia will have to continue to fulfil these criteria for becoming a member in line with the recommendations provided in the Annual Progress Report.
Amendment 49 #
2015/0211(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) As regards Turkey, the legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti-discrimination legislation, including membership of all major international human rights treaties. In 2014, the European Court of Human Rights found violations in 94 out of 2899 applicationcases. There are no indications of any incidents of refoulement of its own citizens. The current situation in Turkey, however, calls for caution. In 2014, Member States considered that 23,1 % (310) of asylum applications of citizens of Turkey were well-founded. Only one Member State has designated Turkey as a safe country of origin. Turkey has been designated as a candidate country by the European Council and negotiations have been opened. At that time the assessment was that Turkey fulfilled the criteria established by the Copenhagen European Council of 21-22 June 1993 relating to stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities and Turkey will have to continue to fulfil these criteria for becoming a member in line with the recommendations provided in the Annual Progress Report. Both several reported violations of freedom of expression and the ongoing armed conflict in the eastern and south-eastern regions of Turkey involving the Kurdish minority should be taken into account in the assessment of Turkey's current compliance with the criteria set out in Directive 2013/32/EU. On the basis of the situation on the ground, the concept of "safe country of origin" may not be applied to Turkish applicants who can demonstrate that they have been resident in these regions.
Amendment 63 #
2015/0211(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. In accordance with the ordinary legislative procedure, it can be decided to designate part of a country as safe, or a country or part of a country as safe for a specified group of persons.
Amendment 65 #
2015/0211(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The Commission shall regularly review the situation in third countries that are on the EU common list of safe countries of origin twice a year, based on a range of sources of information, including in particular regular reporting from the EEAS and the Union delegations in these countries, as well as information from Member States, EASO, UNHCR, FRA, the Council of Europe and other relevant international organisations. It shall keep the European Parliament properly informed, in a timely manner.
Amendment 67 #
2015/0211(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Any amendment of the EU common list of safe countries of origin, including a designation of part of a country as safe, or a country or part of a country as safe for a specified group of persons in that country, shall be adopted in accordance with the ordinary legislative procedure.
Amendment 69 #
2015/0211(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 3 to suspend the presence of a third country from the EU common list of safe countries of origin without delay. Within three months after the suspension, the Commission shall submit a legislative proposal to amend the Regulation in order to remove the third country from the EU common list. The redesignation of the country in question shall require the adoption of an amendment, in line with the ordinary legislative procedure.
Amendment 70 #
2015/0211(COD)
Proposal for a regulation
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. The European Parliament and/or the Council may invite the Commission to present a proposal for the inclusion in or the exclusion of a country from the EU common list of safe countries of origin.
Amendment 75 #
2015/0211(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. In case of sudden changes in the situation of a third country that is on the EU common list of safe countries of origin, the Commission shall conduct a substantiated assessment of the fulfilment by that country of the conditions set in Annex I of Directive 2013/32/EU and, i. If those conditions are no longer met, it shall adopt within a reasonable period of time consistent with the urgency of the situation on the ground, in accordance with Article 290 TFUEU, a Decision suspending the presence of that third country from the EU common list for a period of one year.
Amendment 82 #
2015/0211(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point -1 (new)
Article 4 – paragraph 1 – point -1 (new)
(-1) Article 25(6)(a)(i) is deleted.
Amendment 83 #
2015/0211(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point -1 a (new)
Article 4 – paragraph 1 – point -1 a (new)
(-1a) Article 25(6)(b)(i) is deleted.
Amendment 84 #
2015/0211(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point -1 b (new)
Article 4 – paragraph 1 – point -1 b (new)
Directive 2013/32/EU
Article 31 – paragraph 8 – point b
Article 31 – paragraph 8 – point b
(-1b) Article 31(8)(b) is replaced by the following: (b) the applicant is from a safe country of origin within the meaning of this Directive; or, except where Article 36(3) applies.
Amendment 87 #
2015/0211(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 1 a (new)
Article 4 – paragraph 1 – point 1 a (new)
(1a) In Article 36, a new paragraph 2a is added: ‘2a. Member States shall not apply the concept of "safe country of origin" when the applicant is a vulnerable person as listed in Article 20.3 of Directive 2011/95/EU.’
Amendment 189 #
2015/0149(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Energy efficiency labelling allows consumers to make informed choices with regard to energy consumption of products and thereby promotes innovation and investments into energy efficiency.
Amendment 194 #
2015/0149(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) It is appropriate to replace Directive 2010/30/EU by a Regulation which maintains the same scope, but modifies and enhances some of its provisions in order to clarify and update their content. A Regulation is the appropriate legal instrument as it imposes clear and detailed rules which do not give room for divergent transposition by Member States and ensures thus a higher degree of harmonisation across the Union. A harmonised regulatory framework at Union rather than at Member State level brings down costs for manufacturers and ensures a level playing field. A harmonised regulatory framework can also help build consumer confidence and prevent confusion. Harmonisation across the Union ensures the free movement of goods across the Single Market.
Amendment 201 #
2015/0149(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Improving the efficiency of energy- related products through informed consumer choice benefits the Union economy overall, drives innovation and investments into energy efficiency and will contribute to the achievement of the Union's 2020 and 2030 energy efficiency targets. It will also allow consumers to save money.
Amendment 219 #
2015/0149(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The provision of accurate, relevant and comparable information on the specific energy consumption of energy-related products facilitates the customer's choice in favour of those products which consume less energy and other essential resources during use. A standardised mandatory label is an effective mean to provide potential customers with comparable and trustworthy information on the energy consumption of energy-related products. It should be supplemented with a product information sheet. The label should be easily recognisable, simple and concise. To this end the existing dark green to red colour scale of the label should be retained as the basis to inform customers about the energy efficiency of products as it is already known to consumers. A classification using letters from A to G has shown to be most effective for customers. In situations where because of ecodesign measures under Directive 2009/125/EC products can no longer fall into classes 'F' or 'G', those classes should not be shown on the label. For exceptional cases this should also be extended to the 'D' and 'E' classes, although this situation is unlikely to occur given that the label would be rescaled once a majority of product models falls into the top two classes.
Amendment 223 #
2015/0149(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) When more product groups are added or labels are rescaled, Member states are responsible for running educational and promotional information campaigns directed at citizens to promote energy efficiency.
Amendment 277 #
2015/0149(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to facilitate the monitoring of compliance and to provide up-to-date market data for the regulatory process on revisions of product-specific labels and information sheets, suppliers should provide their product compliance information electronically in a database established by the Commission. The information should be made publicly available to provide information for customers and to allow for alternative ways for dealers to receive labels. The database can also help consumers purchasing second hand products to make informed decisions. Market surveillance authorities should have access to the information in the database.
Amendment 286 #
2015/0149(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to promote energy efficiency, climate mitigation and environmental protection, Member States should be able to create incentives for the use of energy efficient products. Member States are free to decide on the nature of such incentives, but could consider incentives for lower income households to address energy poverty. Such incentives should comply with Union State aid rules and should not constitute unjustifiable market barriers. This Regulation does not prejudice the outcome of any future State aid procedure that may be undertaken in accordance with Articles 107 and 108 of the Treaty on the Functioning of the European Union in respect of such incentives.
Amendment 10 #
2015/0028(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Regulation (EC) No 1007/2009 of the European Parliament and of the Council2 was adopted with the objective of eliminating obstacles to the functioning of the internal market due to differences in national measures regulating trade in seal products. Those measures were adopted in response to public moral concerns about the animal welfare aspects of the killing of seals and the possible presence on the market of products obtained from animals killed in a way that causes excessive pain, distress, fear and other forms of suffering. Such concerns were supported by scientific evidence showing that a genuinely humane killing method cannot be consistently and effectively applied and enforced in the specific conditions in which seal hunting takes place. In order to achieve that objective, Regulation (EC) No 1007/2009 introduced, as a general rule, a prohibition of placing on the market of seal products. __________________ 2 Regulation (EC) No 1007/2009 of the European Parliament and of the Council of 16 September 2009 on trade in seal products (OJ L 286, 31.10.2009, p 36).
Amendment 23 #
2015/0028(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) A genuinely humane killing method cannot be effectively and consistently applied in the hunts conducted by the Inuit and other indigenous communities, just like in the other seal hunts. Nonetheless, iIt is appropriate, in light of the objective pursued by Regulation (EC) No 1007/2009, to make the placing in the Union market of products resulting from hunts by the Inuit and other indigenous communities conditional upon those hunts being conducted in a manner which reduces pain, distress, fear or other forms of suffering of the animals hunted to the extent possible, while having regard to the traditional way of life and the subsistence needs of the Inuit and other indigenous communities. The exception granted in respect of seal products resulting from hunts conducted by Inuit and other indigenous communities should be limited to hunts that contribute to the subsistence need of those communities and are therefore not conducted primarily for commercial purposes. Thus, the Commission should be enabled to limit, if necessary, the quantity of seal products placed on the market under that exception in order to prevent the use of the exception by products resulting from hunts which are conducted primarily for commercial purposes.
Amendment 28 #
2015/0028(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Regulation (EC) No 1007/2009 also allows, by way of exception, the placing on the market of seal products where the hunt is conducted with the sole purpose of sustainable management of marine resources. While recognizing the importance of hunts for the purpose of sustainable management of marine resources, in practice, however, these hunts may be difficult to distinguish from the large hunts conducted primarily for commercial purposes. This may lead to unjustified discrimination between the seal products concerned. Therefore, this exception should no longer be provided forThat should still be allowed, but applicable only under specific conditions, so as to differentiate from the large hunts conducted primarily for commercial purposes, to avoid the discarding of carcasses resulting from normal and small-scale fisheries management. This is without prejudice to the right of Member States to continue regulating hunts conducted for the purposes of management of marine resources.
Amendment 38 #
2015/0028(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1007/2009
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Amendment 39 #
2015/0028(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1007/2009
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The application of paragraphs 1, 1a and 2 shall not undermine the achievement of the objective of this Regulation.
Amendment 49 #
2015/0028(COD)
Proposal for a regulation
Article 1 – point 3 a (new)
Article 1 – point 3 a (new)
Regulation (EC) No 1007/2009
Article 7 a (new)
Article 7 a (new)
(3a) The following article is inserted: "Article 7a Review The Commission shall carry out a review of this Regulation by ... *. The review shall be based on an impact assessment on the socio-economic and cultural effects of this Regulation on the development and identity of the Inuit and other indigenous communities. The review shall also address the effects of this Regulation on coastal communities where hunting of seals forms part of maritime resource management. A review of this Regulation shall be carried out every six years thereafter. _____________ * OJ: please insert the date: two years after the entry into force of the amending Regulation."
Amendment 22 #
2014/2241(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the EU should be ready to tap the potential of third countries with a large population and an emerging middle class, particularly the BRIC countries, where the number of outbound tourists is rising; points out the need for initiatives aimed at promoting tourism and for more flexibility in tourist visa arrangements and border crossings;
Amendment 53 #
2014/2241(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the need to have a more coordinated approach among Member States in tourism-related policy areas, such as innovation, communication, transport, taxation, service quality and the visa regime, while respecting the principle of subsidiarity;
Amendment 61 #
2014/2241(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls to develop competitive transport and tourism infrastructure;
Amendment 65 #
2014/2241(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes note that the Commission has reduced its staffing in the field of tourism dramatically and regards this decision to be inappropriate in the light of the importance attached to tourism as an essential factor of economic growth and jobs in Europe; asks to note that tourism provides a growth market for multiple industries; criticises the fact that the subject of tourism is not listed visibly enough on the new DG GROW website;
Amendment 71 #
2014/2241(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls the Commission to note that tourism is a growing export industry; remarks that tourism needs to be collaborated with several sectors and tourism has to be attached into the international and global networks;
Amendment 81 #
2014/2241(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers that communication networks should be developed in order to improve business opportunities in the regions as well as for better consumer protection and that tourism services should provide consumers with accurate information and not mislead or misinform them.;
Amendment 82 #
2014/2241(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Strongly encourages the Commission, in cooperation with the European Travel Commission (ETC), to further contribute to the joint promotion of Europe as the world’s top tourist destination under the umbrella of a common European approach and positioning; encourages the development of European tourism image as a function of tourism marketing tool;
Amendment 90 #
2014/2241(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that people in different ages should be taken into account when designing of tourism services and systems like digital platforms;
Amendment 183 #
2014/2241(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Requires to considering the tourism related security issues and to uphold the consumer protection;
Amendment 217 #
2014/2241(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Notice that European tourism can be developed by improving the logistic and business opportunities in certain regions which are challenging but have a significant potential like Arctic area; deliberation and improvement of challenging business environments improve understanding and knowledge of tourism industry as well as supporting cohesion policy in Europe;
Amendment 225 #
2014/2241(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises that natural heritage and biodiversity protection are a precious capital for the tourism sector, and therefore supports the Member States and the regional authorities in promoting eco- tourism and respecting EU environmental legislation when deciding on and executing infrastructure projects; all tourism activities have to be ecologically sustainable and respect the traditions of the indigenous culture, lifestyle and livelihoods while supporting the region’s economic and social development;
Amendment 290 #
2014/2241(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Emphasises that the current legislation is predicated upon the ownership-based economy and less suited to governing the sharing economy, and that local governments have started to investigate platforms and are trying to regulate their effects; sharing economy requires transparency and anticipation of change from regulation and governments;
Amendment 29 #
2014/2228(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. Whereas in certain areas some convergence may be possible without undermining the respective levels of protection in the EU and the US (e.g. mutual recognition of emission standards for motor vehicles), in some cases, the differences are so significant that they seem unlikely to be bridged (e.g. cosmetics or medical devices) and in other areas, the main differences are a result of diverging approaches to risk analysis and risk management which may also be difficult to bridge (e.g. food and nutrition sector)
Amendment 43 #
2014/2228(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is convinced, however, that TTIP should not only cut down barriers but also aim at promoting European high levels of consumer protection, transparency and access to information; observes that in most sectors EU and US standards and regulatory environments ensure this high level; considers, therefore, that approximating our regulations represents a unique chance to establish high-quality standards and laws for consumers which will be the de facto international standards;
Amendment 58 #
2014/2228(INI)
Draft opinion
Recital C
Recital C
C. whereas the US Trade Representative consistently denounceders EU standards in these areas as trade barriers without taking into account the overall benefits for society of these standards;
Amendment 70 #
2014/2228(INI)
Draft opinion
Paragraph F
Paragraph F
F. Sees, however, the potential of the TTIPRequests the Commission to promote the highest global standards of this century on decent work, environmental protection, and food and product safety. within the negotiations;
Amendment 77 #
2014/2228(INI)
Draft opinion
Paragraph F a (new)
Paragraph F a (new)
Fa. Asks the Commission to support developing countries in pursuing stronger regional integration in order to diminish possible negative effects of TTIP and enable them to become thriving trade partners of the EU and US;
Amendment 78 #
2014/2228(INI)
Draft opinion
Recital D a (new)
Recital D a (new)
D a. Whereas the Commission's TTIP negotiating mandate includes a commitment to sustainable development and for promoting green public procurement and trade in low carbon, resource efficient goods; Whereas the EU and USA have different understandings and definitions for "green" and "sustainable" and varying methodologies for ecological footprinting of products;
Amendment 80 #
2014/2228(INI)
Draft opinion
Recital D a (new)
Recital D a (new)
D a. whereas ISDS can be a huge disincentive to pass legislation to protect consumers, public health and the environment due to the concern of being challenged by the industry;
Amendment 81 #
2014/2228(INI)
Draft opinion
Paragraph F b (new)
Paragraph F b (new)
Fb. Calls on the Commission to increase the transparency and democratic nature of negotiations by enhancing dialogue with civil society and other stakeholders.
Amendment 85 #
2014/2228(INI)
Draft opinion
Recital D b (new)
Recital D b (new)
D b. whereas trade and investment are not goals in themselves but constitute a means to raise standards of living, improve well- being as well as protect and promote public health, ensure full employment while allowing for the optimal use of the world's resources in accordance with the objective of sustainable development, seeking both to protect and preserve the environment;
Amendment 101 #
2014/2228(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers it misleading on the part of the Commission to try to appease public concerns about the TTIP by statingas a minimum requirement that existing standards will not be lowered, as this disregards the fact that manynd highlights that certain standards have yet to be set in the implementation of existing (framework) legislation (e.g. REACH) or by the adoption of new laws (e.g. cloning or endocrine disrupting chemicals);
Amendment 130 #
2014/2228(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that, while safeguarding the protection achieved by EU standards and regulations, TTIP should go beyond the WTO Technical Barriers to Trade Agreement, in areas such as conformity assessment, product requirements, or standards, as well as providing for transparency in the preparation and availability of technical regulations and development of product standards; European companies should be able to consult one US information point that can provide information about standards across all sectors;
Amendment 143 #
2014/2228(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for the setting-up of an ambitious, transparent and effective cooperation mechanism aimed at creating common standards where possible in existing procedures, and to ensure that there is no unintended divergence in future standards in key sectors; believes that EU-US common standards should be promoted in all international forums;
Amendment 177 #
2014/2228(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Supports the establishment of a mandatory structural dialogue and cooperation between regulators, in complete respect of regulatory autonomy, in particular in the engineering sector, comprising electrical and mechanical machinery, appliances and equipment; stresses that this should involve early warning mechanisms and exchanges at the time of preparation of regulations; believes that regulatory divergences are the central non-tariff barrier (NTB) to trade, and that regulators should explore ways to promote compatibility, such as mutual recognition, harmonisation or alignment of requirements; Highlights, however, that regulatory cooperation must be transparent and the European Parliament should oversee and contribute to the work of future institutions, such as, the Regulatory Cooperation Body;
Amendment 223 #
2014/2228(INI)
Draft opinion
Paragraph 5 – indent 3 a (new)
Paragraph 5 – indent 3 a (new)
- lead to a weakening of existing European safety standards in the sanitary and phytosanitary area, including rules on hormones and growth promoters or using chemicals to decontaminate poultry
Amendment 228 #
2014/2228(INI)
Draft opinion
Paragraph 5 – indent 3 b (new)
Paragraph 5 – indent 3 b (new)
- water down or weaken the design of regulatory measures or the implementation of existing regulations on endocrine disrupting chemicals
Amendment 305 #
2014/2228(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission to clearly define sustainable development, including green public procurement in the context of TTIP, and strive for common standards for resource and energy efficient products to enable the transition to a low carbon economy.
Amendment 306 #
2014/2228(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission to maintain the highest possible level of transparency of the negotiations, including access to the negotiating texts, and consultation with civil society throughout the process
Amendment 4 #
2014/2205(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that, under Article 208 TFEU, the primary objective of EU development cooperation is to reduce and eradicate poverty; highlights the fact that development cooperation must be guided by that objective and not by geostrategic or economic interests; refu, furthermore, that under Article 3 (5) TEU, the aim of the EU in its relations with the wider world is to contribute to sustainable development, solidarity and mutual respect, free and fair trade, eradication of poverty and the protection of human rights; stresses, to acceptherefore, that development cooperation should be subordinate to external and security policymust be guided by these objectives and not by geostrategic or economic interests;
Amendment 25 #
2014/2205(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that development is the primary responsibility of the State; notes that reducing poverty or inequality is not the primary objective of the private sector, by its very nature, and that that is therefore a task for the public sector; rejects and therefore private sector involvement in development objectives must be carefully designed with special emphasis on Corporate Social Responsibility; emphasises, however, that building up an endogenous private sector with local microbusinesses, SMEs and local value chains is important for job creation and a source of tax revenue for developing countries; notes that public- private partnerships, and blending and the focus on microcredit, since they finance corporate profits, above all, and do not reduce povertmechanisms can be efficient, but need to be thoroughly analysed in terms of development impacts, accountability and transparency;
Amendment 41 #
2014/2205(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is dismayed that because of public procurement contract awards and debt servicing, inter alia, 61 % of official development assistance goes back to donor countries1 ; calls for an increase in real aid and for sustainable building offurther empowerment of local actors and an emphasis on building sustainable regional/local value chains; __________________ 1 ActionAid. ActionAid.
Amendment 48 #
2014/2205(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Is concerned at the devastating consequences of land grabbing, inter alia, for human rights, the economy and the environmentHighlights that the defence of human rights, gender equality, social cohesion and the fight against inequalities should remain at the core of development activities; recalls the need to comply with agreed international standards such as the International Labour Organisation (ILO) standards and the UN Guiding Principles on Business and Human Rights; calls for binding international rules for firms on compliance with human rights, labour law and environmental standards and urges the European Commission to take the lead by developing a clearly defined framework agreement governing all partnership agreements with private sector in line with the Corporate Social Responsibility principles and standards;
Amendment 55 #
2014/2205(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls for European development efforts to play a significant role in implementation of the UN Guiding Principles on Business and Human Rights, including working with European enterprises and investors to ensure full compliance with the guiding principles and the OECD Guidelines on Multinational Enterprise in their business activities and in their supply chains in developing countries;
Amendment 58 #
2014/2205(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Calls on the European Commission to champion the proposal from investors and other stakeholders to support binding rules on social, environmental and human rights reporting by business, consistent with the EU directive on non- financial reporting, which are encompassed as one of the new proposed UN Sustainable Development Goals;
Amendment 67 #
2014/2205(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the EU and its Member States to support developing countries in garnering their resources, e.g. through national tax systems, and in combating illicit financial flows and corruption, as a result of which developing countries lose at least € 660-870 billion a year2 ; calls for the ownership principle to be resolutely acted on; calls for further measures to ensure corporations are accountable to countries they operate in; calls for effective international rules against tax avoidance and evasion; __________________ 2 Eurodad.
Amendment 69 #
2014/2205(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls for greater transparency in finance to help combat corruption and illicit financial flows, including through the development of fair and effective tax systems;
Amendment 71 #
2014/2205(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Stresses that financing for development must strengthen the resources available to promote equality between women and men, women's rights and women's empowerment, as well as to eliminate child labour; points out that the private sector can play a major role in this respect;
Amendment 77 #
2014/2205(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. CInsists that the EU and its Member States should maintain their position as major donors of development aid and play a leading role in upholding international sustainable development commitments; calls on the Member States to honour the commitment to give over 0.7% of their GDP to development assistance; stresses that private funds must not be used to increase contributions artificially.
Amendment 79 #
2014/2205(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes the Commissions differentiated approach to the highly diverse private sector from microbusinesses to large corporations; calls for a differentiated approach with regards to least developed and fragile states;
Amendment 80 #
2014/2205(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Calls on the EU to continue to actively engage in the discussions on the post-2015 agenda, considering also the opportunities and challenges that arise from a closer partnership with private sector actors.
Amendment 6 #
2014/2153(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. UEmphasises that a policy for energy security is made up of various elements, with improved preparedness for disruptions in energy supply, cooperation and coordination in relations with third countries and new infrastructure being just as important as, and developed in a way that chimes with, ambitions to develop renewable energy, implement energy efficiency measures and cut greenhouse gas emissions; underlines the positive impact that market integration has had on wholesale prices in the electricity sector, and recalls that the potential net economic benefit that may be gained from the completion of the internal market for energy is in the range of EUR 16-40 billion per year;
Amendment 32 #
2014/2153(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the importance of standardisation and of Member States allocating adequate resources for the market surveillance of the energy efficiency of products, so as to ensure a level playing field for the industry while providing consumers with the information they need to make informed choices; takes the view that further contributions to energy efficiency policy can be made through improving and further developing the legislation on energy labelling and ecodesign, which are also important from a consumer’s point of view;
Amendment 45 #
2014/2153(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls the importanceits previous positions ofn setting ambitious, binding goals for energy efficiency that involve reducing EU dependence on imported energy while augmenting jobs and growth; takes the view that energy efficiency is one of the most important parts of a strategy for responding to Europe’s challenges as regards security of supply and temporary disruptions; takes the view, therefore, that energy efficiency measures will be a central part of the 2030 climate and energy policy framework;
Amendment 46 #
2014/2153(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that digitalisation will play an important role in the Energy Union and is a key enabler for improving energy security by increasing energy efficiency and moderating industry and consumer energy demand. Recalls the importance of setting ambitious goals for energy efficiency that involve reducing EU dependence on imported energy while augmenting jobs and growth;
Amendment 75 #
2014/2153(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to expand the internal market and access for bioproducts and biofuels to comply with the European bioeconomy strategy. (Innovating for Sustainable Growth: A Bioeconomy for Europe (COM2012 60 final);
Amendment 81 #
2014/2153(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines the importance of a stable regulatory framework in order to attract the necessary private investment in the energy sector; Believes that an improved and more robust emissions trading scheme should ensure that the investments needed to achieve the EU’s long-term energy and climate objectives are obtained.
Amendment 110 #
2014/2153(INI)
Motion for a resolution
Recital O
Recital O
O. whereas an energy security strategy must include actions to moderate energy demand and equally effective actions to overcome major and imminent disruptions, as well as solidarity and coordination mechanisms to protect and strengthen energy generation, transmission and distribution infrastructure and interconnectors; whereas this infrastructure must be capable of handling variable renewables and microgeneration, and be built into a fully integrated and well- functioning internal energy market as an essential part of an Energy Union with diversified external supplies;
Amendment 187 #
2014/2153(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises that the Energy Union, in addition to ensuring security of supply, should adopt a comprehensive approach focusing on key pillars such as achievement of a fully integrated internal energy market, moderation of energy demand, decarbonisation of the energy mix, and research and innovation and take into account the digitalisation of the economy;
Amendment 244 #
2014/2153(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that energy demand in the building sector is responsible for about 40 % of energy consumption in the EU and a third of natural gas use, and that it is therefore necessary to speed up renovation of buildings in order to reduce energy demand while encouraging greater involvement of the European Investment Bank and promoting energy services for which EU funds can complement national financing schemes; Considers that investment to moderate energy demand, especially in buildings, is a significant contribution to energy security and that this should be taken into account when considering financial allocations;
Amendment 329 #
2014/2153(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that investment to moderate energy demand, especially in buildings, is a significant contribution to energy security and that this should be taken into account when considering financial allocatNotes that the digitalisation of the economy will be central in the Energy Union and a key enabler for increasing energy efficiency and reducing emissions;
Amendment 524 #
2014/2153(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that the commitment to reducing greenhouse gas emissions must not undermine the EU economy’s global competitiveness; considers, therefore, that a complex approach to climate change and competitiveness is needed, which includes taking into account emissions from consumption, as well as production, to create a level playing field for European industry;
Amendment 667 #
2014/2153(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Stresses the need for regional cooperation to be strengthened throughout the EU, as energy security issues can be resolved more effectivecost-efficiently and energy can be produced and consumed more rationally at the regional level; notes that the Baltic Energy Market Interconnection Plan, which aims to integrate the countries of the Baltic Sea region into the EU energy infrastructure networks, is an excellent example of regional cooperation;
Amendment 733 #
2014/2153(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Expresses the opinioconcern that Russia can no longer be considered a reliable partner as it explicitly questions EU law, including at the World Trade Organisation, and uses energy supply for political purposes; stresses, therefore, that more attention should be concentrated on the development and further expansion of the gas supply infrastructure with Norway, the Southern Gas Corridor and the Mediterranean gas hub;
Amendment 64 #
2014/0185(COD)
Proposal for a decision
Recital 28
Recital 28
(28) Regulation (EU) No 1303/2013 includes a thematic objective of ‘enhancing institutional capacity of public authorities and stakeholders and an efficient public administration’. In this context, the ISA2 Programme should tie in with programmes and initiatives contributing to the modernisation of public administrations like e.g. the DAE, and related networks like e.g. the European Public Administration Network (EUPAN) and seek synergies with them. These programmes and initiatives should also ensure that the personnel of public administrations in the Member States receive the necessary training to implement interoperability solutions and that Member States have the necessary financial and human resources.
Amendment 68 #
2014/0185(COD)
Proposal for a decision
Recital 30
Recital 30
(30) National, regional and local administrations can be supported in their endeavours through specific instruments under the European Structural and Investment Funds (ESIF). Close cooperation under the ISA2 Programme should maximise the benefits expected from such instruments by ensuring that funded projects are aligned with the Union- wide interoperability frameworks and specifications such as the EIF.
Amendment 95 #
2014/0185(COD)
Proposal for a decision
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) the assessment, update and promotion of existing common specifications and standards and the development, establishment and promotion of new common specifications and standards through the Union’s standardisation platforms and in cooperation with European or international standardisation organisations as appropriate, including on data transmission, processing and storage security; and
Amendment 132 #
2014/0120(COD)
Proposal for a directive
Recital 12
Recital 12
(12) To enable business to enjoy the full benefits ofguarantee fair competition in the internal market, Member States should not require the registered office of an SUP and its central administration to be in the same Member Stateat a single member company within the meaning of this Directive has its registered office in the same Member State where it has its principle place of business.
Amendment 142 #
2014/0120(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to prevent abuse and simplify control SUPs should neither issue any further shares nor should the single share be split. Nor should SUPs acquire or own their single share whether directly or indirectly. Rights attached to the single share should only be exercised by one person. Where Member States allow for co-ownership of a single share, only one representative should be entitled to act on behalf of the co-owners and be considered as a single-member for the purpose of this Directive.
Amendment 143 #
2014/0120(COD)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) The insolvency of a company usually affects not only the company's owner and shareholder, but also its creditors. Employees are particularly concerned by insolvency, as they grant an advance performance to the employer through their work. Therefore Member States should introduce preferential rights for employees in their legislation concerning insolvency proceedings.
Amendment 146 #
2014/0120(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a a (new)
Article 1 – paragraph 1 – point a a (new)
(aa) the special provisions in Part II of this Directive shall apply only to micro or small single-member private limited liability companies;
Amendment 152 #
2014/0120(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
Where a company becomes a single- member private limited liability company because all its shares comes to be held by a single person, that fact, together with the identity of the sole member, must either be recorded in the file or entered in the central register, commercial register or company register as referred to in Article 3(1) and (3) of Directive 2009/101/EC or be entered in a register kept by the company and accessible to the public.
Amendment 166 #
Amendment 169 #
2014/0120(COD)
Proposal for a directive
Article 10
Article 10
Amendment 193 #
2014/0120(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 210 #
2014/0120(COD)
Proposal for a directive
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
5. Member States may lay down rules for verifying the identity of the founding member, and any other person makingThe process of online registration and, where applicable, verification of identification of the founding member, of the representative theat registration on the member's behalf, and the acceptability of the documentsers the single- member private limited liability company on the founding member's behalf and of ther information submitted to the registration body. Any identification issued in ano persons authorised to represent the company shall be governed by national law of ther Member State by the authorities of that State or on their behalf, including identification issued electronically, shall be recognisedof registration. Member States shall lay down proportionate rules for verifying the identity of the founding member, and any other person making the registration on the founding member's behalf, and the accepted for the purposes of the verification by the Member State ofability of the documents and other information submitted to the registration body.
Amendment 215 #
2014/0120(COD)
Proposal for a directive
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
6a. Any change to the information entered in the register of companies pursuant to Article 13(1) shall also be registered in that register by way of on-line registration. A new certificate of registration shall be issued reflecting the change. Where the change concerns the information required under Article 13(1)(d) to (e), paragraph 5 of this Article shall apply. No change shall be effective as against third parties until such registration has been made.
Amendment 223 #
2014/0120(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Member States shall ensure that the SUP is not subject to rules requiring therequire single- member companyies to build up legal reserves. Member States shall allow companies to build reserves in accordance with their articles of associationThe requirement to build up legal reserves shall be in accordance with national laws applicable to private limited liability companies as referred to Annex I.
Amendment 241 #
2014/0120(COD)
Proposal for a directive
Article 25 a (new)
Article 25 a (new)
Amendment 5 #
2013/2149(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the European Council conclusions on the Eastern Partnership of 19-20 December 2013,
Amendment 20 #
2013/2149(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the European Neighbourhood Policy (ENP), in particular the Eastern Partnership (EaP), aims to extend the values and ideas of the founders of the EUis based on a community of values and the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law;
Amendment 30 #
2013/2149(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EaP is directed at European countries and is a response to the European aspirations of the societies of the partner countriesstern Partnership aims to support the reform processes of six Eastern European countries with a view to accelerating their political association and economic integration with the European Union;
Amendment 35 #
2013/2149(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the participants of the Vilnius Summit in November 2013 reconfirmed their commitment to implement these guiding principles of the Eastern Partnership;
Amendment 55 #
2013/2149(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the recent developments in the EaP countries and their relations with the EU are a warning that the EU is still not considered as the only political alternatives well as the outcome of the Vilnius Summit highlight the need to strengthen the strategic character of the Eastern Partnership;
Amendment 81 #
2013/2149(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the initialling by Georgia and the Republic of Moldova of the Association Agreements, including provisions on Deep and Comprehensive Free Trade Areas, at the Vilnius Summit in November 2013 as well as the European Council conclusions of 19-20 December 2013 that reconfirmed the readiness of the EU to sign these agreements as soon as possible and no later than the end of August 2014; reminds that the European Union remains ready to sign the Association Agreement, including provisions on Deep and Comprehensive Free Trade Area, with Ukraine as soon as Ukraine is ready;
Amendment 88 #
2013/2149(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. RecogniseConsiders that the EaP projecstern Partnership project requires a thorough assessment of its effectiveness, including an accurate evaluation of its successes and failures and that it needs new impetus and a clear vision for the way forward, focusing not only on the political cooperation, but aiming to anchorstrengthen contacts and cooperation between the societies of the EaP to the EU, thus urges the EU to focus particularly on establishing visa-free regimes, on investing in youth and future leaders, and on the energy sectorempowerment of civil society;
Amendment 99 #
2013/2149(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that the outcome of the Vilnius Summit highlights the need to enhance the strategic character of the Eastern Partnership; recommends therefore to make flexible use of the tools at the EU's disposal, such as macro- economic assistance, easing of trade regimes, projects to enhance energy security and economic modernization, and swift implementation of visa liberalization, in line with European values and interests;
Amendment 104 #
2013/2149(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights that more progress can be made on the establishment of theWelcomes the proposal of the European Commission to allow visa-free travel to the Schengen area for Moldovan citizens; considers that swift progress toward visa- free regimes should be made a priority, and calls for more efforts in this area; notes, in this connection, that visa liberalisation is only one of a number of processes aimed at bringing the societies closer together, and that more efforts are required in this area, particularly with regard to advancing cooperation in the fields of education and cul, science, culture and infrastructure; considers that greater emphasis should be placed on the fact that the EaP project is directed at societies rather thanand not only at authorities;
Amendment 129 #
2013/2149(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the importance of focusing more on the consolidation of the energy sector, which is one of the main conditions for modernisation of the economy, and developing energy strategies in line with European Energy Community obligations; calls for the continuation of gas and electricity market reforms and an adequate share of energy from renewable resources; recognizes that Eastern Partnership countries' energy dependence on Russia and inadequate diversification of supply complicate the dynamics of European integration, and calls on the European Commission and Member States to fast- track projects that will help mitigate the condition;
Amendment 135 #
2013/2149(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that difficulties have emerged in promoting and implementing the EaP, and stresses that thestern Partnership can be overcome by a rebalanced EU’s engagement shouldthat goes beyond political dialogue to tackle and develop social, economic and cultural dialoguespheres as well;
Amendment 140 #
2013/2149(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recalls that the success of Eastern Partnership critically depends on the emergence and entrenchment of a pro- European consensus among political elites and societies in partner countries; contends that much remains to be done in this regard, such as increasing the public visibility of EU assistance and communicating the benefits of EU integration;
Amendment 143 #
2013/2149(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for a more individualistailored approach to individual partner countries, implementing the principles of differentiation, evaluating the progress of each partner country ba and more- for-more, but with overall coordination; strongly believes that the depth and scope of relations with each partner country should reflect its own European ambition, commitment to shared values, and progress in aligning with EU legislation, assessed on the basis of clear benchmarks and on its own merits, but with overall coordination;
Amendment 164 #
2013/2149(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets, furthermore, the insufficient desire among EaP partner countries to build a common message and engage in common efforts vis-à-vis the EUcommends to further strengthen the multilateral track of the Eastern Partnership in order to foster a climate of cooperation and good neighbourly relations that will support the objectives of political association and particularly economic integration; believes that multilateral cooperation should be further strengthened to advance cross-border and regional cooperation, especially in areas such as transport, people-to-people contacts, environment, border security, and energy security;
Amendment 174 #
2013/2149(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that more efforts should go into sharing experiences of democratic reforms and processes rather than imposing EU standards, and acknowledging the uniqueness of individual countries and highlighting the equal status of partners and potentialthe expected mutual benefits;
Amendment 207 #
2013/2149(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Condemns the pressure exercised by Russia on several Eastern Partnership countries und underlines their sovereign right to freely determine their relations with the EU; highlights the need to address this in talks with Russia as well as the need for a serious discussion among EU Member States on new new ways of constructively engaging Russia in initiatives that reflect common interests of a secure, stable and prosperous European neighbourhood, thus overcoming the obsolete and dangerous thinking on terms of spheres of influence; in this context, considers that the EU, Russia and the Eastern Partnership countries should cooperate more closely for the resolution of the protracted conflicts in their common neighbourhood;
Amendment 216 #
2013/2149(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. HRecognises the effects of the economic crisis on the economic development of the Eastern Partnership countries; highlights the importance of fostering economic cooperation in order to bring the EaP project forward, inter alia by raising awareness of the complexity of economic problems, promoting good governance in the financial sector and cooperation with international financial institutions, adopting a sectoral approach, encouraging legislation conducive to the development of SME sector and promoting business partnerships between the EU and the EaP;
Amendment 222 #
2013/2149(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers, furthermore, that promoting joint activities with other strategic partners and cooperation in international and European organisations would be beneficial to all concerned; recalls, in this regard, the EU's standing offer for Russia to participate in Eastern Partnership projects and initiatives, and reiterates that a prosperous, well-governed and stable neighbourhood is in Russia's own interest;
Amendment 228 #
2013/2149(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Highlights the factIs convinced that the European Endowment for Democracy can play an important role in EaP countries by strengthening civil society; invites the Commission, the EEAS and Member States to support the work of the EED, and make full use of the potential for cooperation and synergies;
Amendment 234 #
2013/2149(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Highlights the importance of promoting and supporting joint efforts in research and innovation, including exchange programmes for students, in virtual multilingual projects, in dialogue between cultures, through joint film productions and joint resources for literary translations, in joint research on the legacy of Nazism and Communism, and of totalitarian regimes and on common history inof Europe;
Amendment 4 #
2013/2115(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the irregular status of undocumented women throughout Europe makes it difficult for their fundamental human rights to be respected; and contributes to social exclusion;
Amendment 7 #
2013/2115(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Member States and the Commission to recognise undocumented women migrants as an explicit vulnerable social group concerning exposure for trafficking, discrimination and exploitation on the labour market.
Amendment 8 #
2013/2115(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Member States and the Commission to focus on the undocumented women migrants working conditions, as a crucial step towards defining and recognising the difficulties undocumented women migrants are exposed for at the labour market and in order to make sure that their fundamental rights are respected.
Amendment 9 #
2013/2115(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Calls on the Member States and the Commission to ensure that undocumented women migrants have the right and access to public and social services and health care in order for their fundamental human rights to be respected.
Amendment 10 #
2013/2115(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Calls on the Member States and the Commission to strengthening the fight against undeclared work and labour exploitation as a crucial step, in order to respect and ensure equal treatment for undocumented migrant workers.
Amendment 11 #
2013/2115(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Encourage the Member States to active work for widening undocumented persons prospects to become legal in order to facilitating their access to the labour market and improving their social inclusion in society.
Amendment 13 #
2013/2115(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Member States and social partners to address the specific situation of undocumented women in the workplace and help those concerned, thereby enabling them to betterto exercise their rights - including through the application of EU Directive 2009/52/EC providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals; to ensure that the labour law and the collective agreements are respected.
Amendment 16 #
2013/2115(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Member States and the Commission to ensure undocumented workers strike rights and protection of trade unions, in order to empower and enabling them to better exercise their rights and reduce the risk of labour exploitation.
Amendment 18 #
2013/2115(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses the need for the Commission and the Member States to strengthening labour inspections to combat exploitation of undocumented women migrant workers and violation of their fundamental human rights.
Amendment 20 #
2013/2115(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for special forms of data protection for undocumented women who turn in such situations to women's shelterare seeking help or guidance from authorities, counselling services or religious counsellorNGOs; calls for the implementation of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims in all Member States; ensuring that undocumented women that have been victim of crime shall have the right to receive help without risk of deportation from the Member State
Amendment 26 #
2013/2115(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Draws attention particularly to the situation of undocumented women who are pregnant or have children: they need special protection for the unborn child and a legal entitlement to hHealth care and the right to a birth certificate for their children in accordance with Article 7 of the UN Convention on the Rights of the Child;
Amendment 29 #
2013/2115(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission and the Member States, through more extensive and linked research, to close the gaps in reliable data and existing knowledge on the number and situation of undocumented persons in Europe in order to promote decent life for undocumented persons.;
Amendment 29 #
2013/0152(COD)
Proposal for a decision
Recital 1
Recital 1
(1) In addition to its core mission of financing investment in the Union, the European Investment Bank (EIB) undertakes financing operations outside the Union in support of the Union's external policies. This allows the budget funds of the Union available to the external regions to be complemented by the financial strength of the EIB for the benefit of the targeted third countries. In undertaking such financing operations, the EIB contributes to, supports and complements the external actions of the EU by paying full respect to the general principles and policy objectives of the Union as stated in Article 21 TEU.
Amendment 30 #
2013/0152(COD)
Proposal for a decision
Recital 3
Recital 3
(3) With a view to supporting Union external action, and in order to enable the EIB to finance investments outside the Union without affecting the credit standing of the EIB, the majority of its operations outside the Union have benefited from an EU budgetary guarantee (‘EU guarantee’) administered by the Commission. It is of high importance that the EIB maintains its triple-A rating.
Amendment 31 #
2013/0152(COD)
Proposal for a decision
Recital 7
Recital 7
(7) In order to reflect significant policy developments, the list of countries actually eligible for EIB financing operations under the EU guarantee should be reviewed as appropriate and the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amendments to Annex III to this Decision. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of all relevant documents to the European Parliament and Council.
Amendment 33 #
2013/0152(COD)
Proposal for a decision
Recital 13
Recital 13
(13) The EIB should continue to finance investment projects in the areas of social, environmental and, economic and transport infrastructure, and should consider increasing its activity in support of health and education infrastructure when there is clear added value in doing so.
Amendment 35 #
2013/0152(COD)
Proposal for a decision
Recital 14
Recital 14
(14) The EIB should also continue toincrease its financeing of investment projects in support of climate change mitigation and adaptation, in particular in the Arctic region, to further the promotion of the Union's climate goals on a global scale.
Amendment 38 #
2013/0152(COD)
Proposal for a decision
Recital 16
Recital 16
(16) The practical measures for linking the general objectives of the EU guarantee and their implementation are to be set out in regional technical operational guidelines. Such guidelines should be consistent with the wider Union regional policy framework. The regional technical operational guidelines should be reviewed and further updated following the review of this Decision in order to adapt toreflect the developments in the Union external policies and its priorities.
Amendment 39 #
2013/0152(COD)
Proposal for a decision
Recital 18
Recital 18
(18) While the EIB's strength remains its distinctiveness as an investment bank, EIB financing operations should contribute to the general principles guiding Union external action, as referred to in Article 21 of the Treaty on European Union (TEU), of promoting and consolidating democracy and the rule of law, human rights and fundamental freedoms, and to the implementation of international environmental agreements to which the Union is a partycommitments and agreements to which the Union is a party, including environmental agreements. Therefore, countries' records regarding human rights, fundamental freedoms, press and media freedom and democracy should be taken into account and carefully considered for the eligibility of regions and countries in Annex III. In particular, in relation to developing countries, EIB financing operations should foster their sustainable economic, social and environmental development, particularly in the most disadvantaged amongst them, their smooth and gradual integration into the world economy, the campaign against poverty, as well as compliance with objectives approved by the Union in the context of the United Nations and other competerelevant international organisations. While contributing to the implementation of the measures necessary to further the objectives of Union development cooperation policy in accordance with Article 209(3) of the Treaty, the EIB should strive to support indirectly the achievement of the UN's 2015 Millennium Development Goals in all regions where it is active.
Amendment 41 #
2013/0152(COD)
Proposal for a decision
Recital 19
Recital 19
(19) The EIB activity under this Decision should support the Agenda for Change proposed by the Commission and be coherent with the relevant principles of the European Consensus on Development and the principles of aid effectiveness outlined in the Paris Declaration of 2005, the Accra Agenda for Action of 2008 and the Busan Partnership Agreement of 2011. Furthermore, it should be coherent with the EU Strategic Framework and Action Plan on Human Rights and Democracy adopted by the Council on 25 June 2012 and international environmental agreements including biodiversity commitments. It should be implemented through a number of concrete measures, in particular by reinforcing the EIB's capacity to appraise environmental, social and, development and economic aspects of investment projects, including human rightexplicitly human rights, fundamental freedoms and conflict-related risks, and by promoting local consultation with public authorities and civil society. In this context, the EIB should implement and further develop its Results Measurement framework (REM) which provides a detailed set of performance indicators measuring the economic, environmental, social, and development impact of its financing operations throughout the lifecycle of the underlying investment. The implementation of the REM should be evaluated as part of the mid-term review of this Decision. When carrying out due diligence in respect of an investment project, the EIB should, where appropriate and in line with the Union's human rights, social and environmental principles, require the investment project promoter to carry out local consultations with all stakeholders concerned and disclose their results to the public. EIB financing agreements involving public counterparts should explicitly include the possibility to suspend disbursements in case of revocation of eligibility under this Decision of the country in which the investment project takes place.
Amendment 44 #
2013/0152(COD)
Proposal for a decision
Recital 20
Recital 20
(20) At all levels, from upstream strategic planning to downstream investment project development, it should be ensured that EIB financing operations comply with and support Union external policies and the general objectives set out in this Decision. With a view to increasing the coherence of Union external action, dialogue on policy and strategy should be further strengthened between the Commission and the EIB, including the European External Action Service (EEAS), while keeping the European Parliament duly informed. The Memorandum of Understanding to be revised in 2013 to enhance cooperation and early mutual exchange of information between the Commission and the EIB at operational level should continue to be applied. It is of particular importance to have an early exchange of views between the Commission and the EIB, including the EEAS, as appropriate, in the process of preparing programming documents in order to maximise synergies between their activities. The cooperation in relation to the respect of human rights, fundamental freedoms and conflict prevention issues should also be reinforced. Locating the EIB field offices in EU delegations would improve this cooperation and reduces operating costs.
Amendment 47 #
2013/0152(COD)
Proposal for a decision
Article 1 – paragraph 5
Article 1 – paragraph 5
5. If, on expiry of the period referred to in paragraph 4, the European Parliament and the Council have not adopted a decision granting a new EU guarantee to the EIB against losses under its financing operations outside the Union, that period shall be automatically extended by six months. The Commission shall present its proposal for a decision for a new guarantee no less than 18 months in advance of the expiry of this guarantee.
Amendment 49 #
2013/0152(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) development of social, environmental and, economic and transport infrastructure;
Amendment 50 #
2013/0152(COD)
Proposal for a decision
Article 3 – paragraph 2
Article 3 – paragraph 2
2. EIB financing operations carried out under this Decision shall always support and contribute to the general principles guiding Union external action, as referred to in Article 21 TEU and shall contribute to the implementation of international commitments and agreements including environmental agreements to which the Union is a party.
Amendment 51 #
2013/0152(COD)
Proposal for a decision
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Regional integration among countries, including in particular economic integration between Pre-accession countries, Neighbourhood countries and the Union, shall be an underlying objective for EIB financing operations within areas covered by the general objectives as defined in paragraph 1.
Amendment 52 #
2013/0152(COD)
Proposal for a decision
Article 3 – paragraph 4
Article 3 – paragraph 4
4. In developing countries, as defined in the Organisation for Economic Cooperation and Development (OECD) list of official development assistance (ODA) recipients, EIB financing operations shall contribute indirectly to the objectives of the Union policy in development cooperation as referred to in Article 208 TFEU.
Amendment 55 #
2013/0152(COD)
Proposal for a decision
Article 3 – paragraph 6
Article 3 – paragraph 6
6. EIB financing operations supporting the objectives provided for in paragraph 1(b) shall support investment projects in the areas of transport, energy, including renewable energy, energy systems transformation enabling a switch to lower carbon intensive technologies and fuels, sustainable energy security and energy infrastructure, including for gas production and transportation to EU energy market, sustainable environmental infrastructure, including water and sanitation and green infrastructure, information and communication technology, including telecommunications and broadband network infrastructure, health and education. Priority consideration should be given to infrastructure projects connecting the Union and third countries which provide mutual economic, development, social and environmental benefits.
Amendment 57 #
2013/0152(COD)
Proposal for a decision
Article 3 – paragraph 7
Article 3 – paragraph 7
7. EIB financing operations supporting the objectives provided for in paragraph 1(c) shall support investment projects in climate change mitigation and adaptation which contribute to the overall objective of the United Nations Framework Convention on Climate Change, in particular by avoiding or reducing greenhouse gas emissions in the areas of renewable energy, energy efficiency and sustainable transport, or by increasing resilience to the adverse impacts of climate change on highly fragile natural environments, vulnerable countries, sectors and communities - as faced in the Arctic region, for example. Over the period covered by the Decision, the volume of these operations shall represent at least 2540% of total EIB financing operations.
Amendment 60 #
2013/0152(COD)
Proposal for a decision
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 17 concerning amendments to Annex III. The Commission's decisions shall be based on an overall economic and political assessment, includingwith significant consideration given in particular to aspects related to the democracy, human rights and fundamental freedoms as well as to the relevant European Parliament resolutions and Council decisions and conclusions.
Amendment 62 #
2013/0152(COD)
Proposal for a decision
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The EU guarantee shall cover only EIB financing operations carried out in eligible countries that have concluded a framework agreement with the EIB establishing the legal conditions including human rights, fundamental freedoms, social, labour and environmental standards under which such operations are to be carried out.
Amendment 64 #
2013/0152(COD)
Proposal for a decision
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
The Commission shall update, together with the EIB, the existing regional technical operational guidelines for EIB financing operations within one year following the adoption of this Decision. Further updates could be considered on a regular annual basis in order to take into account the developments in the countries of operation.
Amendment 65 #
2013/0152(COD)
Proposal for a decision
Article 5 – paragraph 1 – subparagraph 3
Article 5 – paragraph 1 – subparagraph 3
In updating these guidelines, the Commission and the EIB shall take into account relevant European Parliament resolutions and Council decisions and conclusions. The EEAS shall also be consulted on policy issues, as appropriate. and shall engage with the relevant committees of the EP. The EEAS shall also be consulted on policy issues. At the regional level, there should be consultations with the local civil society.
Amendment 68 #
2013/0152(COD)
Proposal for a decision
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The Commission and the EIB shall set out in the agreement referred to in Article 13 a clear and transparent method allowing the EIB to identify, within its external activity, the operations to be financed under this Decision and the operations to be financed at the own risk of the EIB. The method shall be based on the creditworthiness of EIB financing operations as assessed by the EIB, the regions and ceilings as defined in Annex I, the nature of the counterparty (whether a sovereign/State, a sub-sovereign as referred to in paragraph 1 or private), EIB risk absorption capacity and other relevant criteria, including added value of the EU Guarantee.
Amendment 70 #
2013/0152(COD)
Proposal for a decision
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
The EIB shall carry out thorough due diligence and, where appropriate and in line with Union social and environmental principles, require appropriate local public consultation, on with all stakeholders concerned, on social, human rights, environmental and economic development-related aspects of investment projects covered by the EU guarantee.
Amendment 71 #
2013/0152(COD)
Proposal for a decision
Article 9 – paragraph 1 – subparagraph 3
Article 9 – paragraph 1 – subparagraph 3
The EIB's own rules and procedures shall include the necessary provisions on assessment of environmental and social impact of investment projects and of aspects related to human rights and conflict preven, fundamental freedoms and conflict prevention in line with the principles of the Union and its relevant legislation, to ensure that only investment projects that are economically, financially, environmentally and socially sustainable are supported under this Decision.
Amendment 76 #
2013/0152(COD)
Proposal for a decision
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. In accordance with EU legislation on access to documents and information and with its own transparency policy, the EIB shall make publicly available on its website information relating to:
Amendment 78 #
2013/0152(COD)
Proposal for a decision
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) unless confidentiality requirements apply, any memoranda of understanding between the EIB and other European Financial Institutions or International Financial Institutions having a bearing on EIB financing operations under this Decision.
Amendment 80 #
2013/0152(COD)
Proposal for a decision
Article 11 – paragraph 1 – point b a (new)
Article 11 – paragraph 1 – point b a (new)
Amendment 84 #
2013/0105(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Longer and/or heavier vehicles may be used in cross- border transport if the two Member States concerned already allow it and if the conditions for derogation under Article 4(2), (3), (4) or (5) of the Directive are met. The European Commission has already provided guidance on the application of Article 4 of the Directive. The transport operations referred to in Article 4(4) do not have a significant impact on international competition if the cross-border use remains limited to two Member States where the existing infrastructure and the road safety requirements allow it. This balances the Member States’ right under the principle of subsidiarity to decide on transport solutions suited to their specific circumstances with the need to prevent such policies from distorting the internal market. The provisions of Article 4 (4) are clarified in this respect.
Amendment 164 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/53/EC
Article 4 – paragraph 4 – subparagraph 2
Article 4 – paragraph 4 – subparagraph 2
Transport operations shall be considered to not significantly affect international competition in the transport sector if they take place on the territory of a Member State or, for a cross-border operation, between only two neighbouring Member States who have both adopted measures taken in application of this paragraph, and if one of the conditions under (a) and (b) is fulfilled:
Amendment 177 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 96/53/EC
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 178 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 96/53/EC
Article 4 – paragraph 4
Article 4 – paragraph 4
(2b) The first paragraph of Article 4(4) of Directive 96/53/EC is amended as follows: "4. Member States may allow vehicles or vehicle combinations used for transport which carry out certain transport operations that do not significantly affect international competition in the transport sector to circulate in their territory with dimensions deviating from those laid down in points 1.1, 1.2, 1.4 to 1.8, 4.2 and 4.4 of Annex I."
Amendment 65 #
2013/0028(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
Amendment 201 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 3
Article 2 a (new) – paragraph 3
Amendment 244 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 6 – point b
Article 2 a (new) – paragraph 6 – point b
Amendment 286 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 4 – point -a c (new)
Article 1 – point 4 – point -a c (new)
Regulation (EC) No. 1370/2007
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
The following subparagraph 3 a is added: “The Member States may exclude from tendering procedures operators or undertakings where the control belongs directly or indirectly to a person or persons from a third country if such countries have no provisions which allow for competitive tendering bids for companies from the Member States of the Union or do not provide effective access to their markets.” For the purposes of this paragraph, control shall be constituted by rights, contracts or any other means which, either separately or in combination and having regard to the considerations of fact or law involved, confer the possibility of exercising decisive influence on an undertaking, in particular by: (a) ownership or the right to use all or part of the assets of an undertaking; (b) rights or contracts which confer decisive influence on the composition, voting or decisions of the organs of an undertaking.
Amendment 334 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Amendment 35 #
2012/2322(INI)
Motion for a resolution
Recital A
Recital A
A. whereas, in the absence of harmonisation and with due regard to the principle of subsidiarity, the Member States maintain a margin of discretionhave the right to regulate online gambling in accordance with their own values and pursued objectives of general interest;
Amendment 43 #
2012/2322(INI)
Motion for a resolution
Recital B
Recital B
B. whereas currentlybecause of its specific nature and in application of the subsidiarity principle, the supply of online gambling services is not subject to sector- specific regulation at European Union level, remaining –and gambling has been excluded from secondary legislation such as the E- commerce, the Services, and the Consumer Rights Directives, while remaining, nevertheless –, subject to a number of EU secondary legislative acts;
Amendment 77 #
2012/2322(INI)
Motion for a resolution
Recital F
Recital F
F. whereas a comprehensive overview of the online gambling market,sector in terms of information and data regarding domestic and cross-border, intra-EU and global, authorised and unauthorised offer, is currently missing;
Amendment 107 #
2012/2322(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recognises that the, in application of the subsidiarity principle, Member States have the right to determine how the offer of online gambling services is to be organised and regulated, atnd the national levelright to enforce measures against illegal gambling services, while observing the basic EU Treaty principles;
Amendment 231 #
2012/2322(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that the competent national regulatory authorities should be able to agree on equivalence clausexchange good practices that would facilitate the application of national licenses, including agreement on technical standards foron technical standards and gaming equipment; and calls on the competent national regulatory authorities to introduce a regulatory principle whereby a gambling equipment; company can only operate (or bid for the required national licence) in one Member State if it does not operate in contravention of the law in any other Member State;
Amendment 247 #
2012/2322(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Agrees with the Commission that a fairproperly regulated offer of gambling services is necessary for consumer protection, because in its absence consumers are more likely to turn to unreliableillegal gambling websiteoperators;
Amendment 300 #
2012/2322(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to consider legislationexplore with Member States to create an EU-widenational self- exclusion register,s accessible by national authorities and licensed gambling operators, so that any customer who chooses to exclude him- or herselfself- excluding from one gambling operator has the opportunity to be automatically self- excluded from all other licensed gambling operators;
Amendment 320 #
2012/2322(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that the workshop agreement published in February 2011 by the European Committee for Standardisation (CEN)1 could serve as self-regulatory initiatives can serve as contributions for identifying the content of common standards; reaffirms its position that, in as sensitive an area basis for identifying the content of common standard gambling, industry self- regulation can only complement but not replace national regulations;
Amendment 333 #
2012/2322(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Takes the view that common standards for online gambling should address the rights and obligations of both the service provider and the consumer, including by means of measures tothe forthcoming European Commission Recommendations on consumer protection and advertising common standards for online gambling should include enforcement measures that Member States need to put in place for ensureing a high level of protection for players, particularly minors and other vulnerable persons, and the prevention of misleading advertisements as well as the prohibition of advertising by illegal operators;
Amendment 355 #
2012/2322(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recommends the introduction of uniform and pan-European common standards forexchange of best practices between Member States on electronic identification and cross border e-verification services; notes that the different registration procedures across the EU undermine regulated operators, and can push consumersas well as on enforcement measures such as the blacklisting and the banning of illegal websites, definition of safe and traceable payment solutions and banning measures for transactions in order to ensure that consumers cannot turn into the hands of illegal operators;, calls, therefore, on Member States for registration and identification procedures to be streamlined and made more efficient;
Amendment 361 #
2012/2322(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses the importance of funding from gambling for public interest causes, calls for the specific features and the sustainable contributions from lotteries to society to be recognised and taken into account in any coordinated approach at EU level;
Amendment 366 #
2012/2322(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Calls for the strict regulation or the prohibition, after an evaluation conducted at the level of each Member State, of dangerous forms of gambling;
Amendment 15 #
2012/2258(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the need to create the appropriate conditions for people to work longer and to be more productive, both by improving labour-market flexibility through the introduction of time ac; calls on the Commission and Member States therefore to provide for a good balance between security and flexibility in the labour market through e.g. a comprehensive implementation of flexicurity principles, and to address labour market segmentation, by providing both adequate social protection coverage for people in periods of transition, or on temporary or part-time employment counts and partracts, and access to training, career development and full-time work possibilities and by making provision for modern forms of employment contract, including temporary ones; encourages Member States to invest in services – such as affordable, fulltime and high- quality childcare, all- day school places and care for elderly – that help promote gender equality, foster a better work–life balance and create a framework which allows to enter or re- enter the labour market;
Amendment 31 #
2012/2258(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 39 #
2012/2258(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Points out the essential role of investing more in education and training, with priority for lifelong learning, in order to prepare an active and productive ageing workforce; in this light, urges a strong focus on lifelong learning within the "Erasmus for all" programme, which constitutes an effective tool for fostering education and continuous professional development for EU citizens of all ages;
Amendment 54 #
2012/2258(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Maintains that further reforms of pension systems are necessary in order to make them sustainable; more coherence must be established between the effective retirement age, the official retirement age and life expectancy, secure and inclusive as well as to reduce economic dependency ratio to maintain a sufficiently large workforce, and to combine this with the constant improvement of working conditions and the implementation of lifelong training schemes enabling healthier and longer professional careers;
Amendment 62 #
2012/2234(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that the priority should be to safeguard the adequacy and funding of statutory pensions, i.e. to increase the social and financial sustainability of pension provision;
Amendment 175 #
2012/2234(INI)
Motion for a resolution
Paragraph 7 (new)
Paragraph 7 (new)
Considers it important to extend working life in order to ensure adequate pension provision and to fund pensions, but believes that it would be mistaken to regard extending working life purely as a retirement age issue;
Amendment 1 #
2012/2153(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to the commitments undertaken by the High Representative in her letters of 24 November 2011 and 11 May 2012 concerning a mechanism to monitor the implementation of the EU- Turkmenistan PCA and in particular of its Article 2 ,
Amendment 9 #
2012/2153(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas although the suspension of the application of any PCA has only been used rarely and partially by the Council, it remains a viable option in case of serious and documented breaches of human rights,
Amendment 11 #
2012/2153(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the European Parliament, in order to be able to fulfil its function of political scrutiny, needs to dispose of full information to closely follow developments in Kazakhstan and the implementation of the PCA according to its recommendations and resolutions,
Amendment 15 #
2012/2153(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas Kazakhstan held the OSCE chairmanship in 2010; whereas commitments undertaken to bring media law in line with international standards, to liberalise registration requirements for political parties by the end of 2008, and to incorporate recommendations by the OSCE's Office of Democratic Institutions and Human Rights (ODIHR) in the elections legislation, remain unmet;
Amendment 19 #
2012/2153(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the general elections held on 15 January 2012 were deemed by the OSCE not to be in line with its standards, given widespread voting irregularities and that it did not provide the necessary conditions for the conduct of genuinely pluralistic elections;;
Amendment 23 #
2012/2153(INI)
Motion for a resolution
Recital D
Recital D
D. whereas after the tragic events of December 2011 in Zhanaozen, opposition parties and independent media and trade unions have become targets of intensified repression, with politically motivated detentions of activists and human rights defenders;
Amendment 24 #
2012/2153(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas there is an ongoing dialogue between the EP, official representatives of Kazakhstan, representatives of the civil society and NGOs on issues of mutual interest;
Amendment 30 #
2012/2153(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the International Monitoring Mission of Civic Solidarity concludes in its preliminary report that the Zhanaozen trials cannot be considered as compliant with fair trial standards and that the investigation of the events was neither full nor independent; whereas the accused and some witnesses were victims of severe violations of their rights during the pre- trial stage, including the alleged use of torture, denial of access to an attorney, intimidation, and fabrication of evidence; whereas these allegations were not properly investigated and the perpetrators were not held responsible;
Amendment 41 #
2012/2153(INI)
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
(a) ensure that the new PCA takes the form of a comprehensive framework for the further development of relations, addressing all priority areas, including: human rights, the rule of law, good governance, and democratisation; education;youth and education; economic development, trade and investment; energy and transport; environmental sustainability; and combating common threats and challenges;
Amendment 44 #
2012/2153(INI)
Motion for a resolution
Paragraph 1 – point b
Paragraph 1 – point b
(b) welcome Kazakhstan's political will and practical engagement to further deepen partnership with the EU; ensure that the EU's engagement is consistent with other Union policies and that the principle of ‘more for more’ is applied with particular emphasis on supporting political, legal, economic and social reforms;
Amendment 49 #
2012/2153(INI)
Motion for a resolution
Paragraph 1 – point c
Paragraph 1 – point c
(c) work with Kazakhstan to promote regional cooperation and the improvement of neighbourly relations in the Central Asia region including by support for confidence building measures where appropriate, particularly in such areas as water and resource management, border management , fight against extremism and counter-terrorism;
Amendment 51 #
2012/2153(INI)
Motion for a resolution
Paragraph 1 – point d
Paragraph 1 – point d
(d) seek Kazakhstan's support with a view to ensuring swift progress towards the establishment of a regular EU-Central Asia High Level Security Dialogue in a regional format, in order to tackle common challenges and threats;
Amendment 56 #
2012/2153(INI)
Motion for a resolution
Paragraph 1 – point f
Paragraph 1 – point f
(f) reinforce the EU's action in the fields of education, the rule of law, the environment and water, inter alia through newly established support platforms and targeted assistance; bring local NGOs and Civil Society Organisations (CSOs) into the EU's dialogue with the Kazakh government in those areas;
Amendment 59 #
2012/2153(INI)
Motion for a resolution
Paragraph 1 – point g
Paragraph 1 – point g
(g) ensure that the PCA incorporates clauses and benchmarks relating to the protection and promotion of human rights as enshrined in the Constitution of Kazakhstan, drawing to the fullest possible extent on the standards laid down by the Council of Europe (Venice Commission), the OSCE and the UN to which Kazakhstan has committed itself;
Amendment 60 #
2012/2153(INI)
Motion for a resolution
Paragraph 1 – point g a (new)
Paragraph 1 – point g a (new)
(ga) urge the Kazakh authorities to make every effort to improve the human rights situation in their country;
Amendment 61 #
2012/2153(INI)
Motion for a resolution
Paragraph 1 – point h
Paragraph 1 – point h
(h) underline that progress in the negotiation of the new PCA must be linked to the progress of political reform and a genuine commitment on the part of Kazakhstan to human rights and democracy; insist that Kazakhstan maintains its declared commitment to further reforms, and to build up an open and democratic society including an independent civil society and opposition, respectful of fundamental rights and the rule of law; offer adequate assistance on the EU's part for implementing the reforms;
Amendment 64 #
2012/2153(INI)
Motion for a resolution
Paragraph 1 – point i
Paragraph 1 – point i
(i) express deep concern over the politically motivated detentions of activists and human rights defenders which show disregard of the Parliament's 15 March 2012 Resolution demanding the release of all persons detained on politically motivated charges;
Amendment 66 #
2012/2153(INI)
Motion for a resolution
Paragraph 1 – point i a (new)
Paragraph 1 – point i a (new)
(ia) calls on the Kazakh authorities, in this regard, to promptly and impartially investigate all allegations of torture and ill-treatment in connection with the Zhanaozen violence and hold the perpetrators accountable; repeal the vague criminal charge of 'inciting social discord' and release from pre-trial detention political opposition activists held on this basis; review legislation on freedom of assembly to bring it into conformity with Kazakhstan's international obligations on freedom of assembly;
Amendment 73 #
2012/2153(INI)
Motion for a resolution
Paragraph 1 – point n
Paragraph 1 – point n
(n) insist on improved access to justice, judicial independence, and on the return of the control and the management of penitentiaries to the Ministry of Justice;
Amendment 75 #
2012/2153(INI)
Motion for a resolution
Paragraph 1 – point o
Paragraph 1 – point o
(o) urge Kazakhstan to release political prisoners and end politically motivated arrests and convictions carried out on the basis of the vague criminal charges of ‘inciting social discord’;
Amendment 83 #
2012/2153(INI)
Motion for a resolution
Paragraph 1 – point r
Paragraph 1 – point r
(r) push for regulatory and rules-based convergence in specific sectors and key areas of EU interest whilst pressing for steps to be taken by the government of Kazakhstan on areas related to independence of judiciary and the situation of freedom of association and freedom of expression, and particularly of the media;
Amendment 85 #
2012/2153(INI)
Motion for a resolution
Paragraph 1 – point u
Paragraph 1 – point u
(u) insist on establishing independent civil society platforms to contribute to inclusive exchanges in a number of sectors in order to get the aspirations and voices of the civil society heard;
Amendment 87 #
2012/2153(INI)
Motion for a resolution
Paragraph 1 – point w
Paragraph 1 – point w
(w) intensify and broaden the scope of the exchange programmes in education and culture; encourage and support the legal training of local and regional officials and members of law enforcement bodies to EU standards; encourage and support Kazakhstan to take the lead in the formation of a special educational programme, both academic and vocational training, between the EU and Central Asian countries;
Amendment 97 #
2012/2153(INI)
Motion for a resolution
Paragraph 1 – point y
Paragraph 1 – point y
(y) acknowledge that Kazakhstan's participation in the Russian-led customs union and the Eurasian Economic Union is not an obstacle to closer cooperation between the EU and Kazakhstan; stand ready to assist Kazakhstan's efforts, along with its partners within the Customs Union, to promote modern economic institutions in the Customs Union, should such efforts be undertaken;
Amendment 101 #
2012/2153(INI)
Motion for a resolution
Paragraph 1 – point z
Paragraph 1 – point z
(z) encourage the Kazakh government to demonstrate its renewed commitment to the Extractive Industries Transparency Initiative (EITI) by removing all legal or regulatory obstacles to its successful implementation and allowing independent civil society organisations to participate fully;
Amendment 111 #
2012/2153(INI)
Motion for a resolution
Paragraph 1 – point ab
Paragraph 1 – point ab
(ab) include clear benchmarks and binding deadlines for the implementation of the new PCA and provide for a comprehensive monitoring mechanisms, including regular reports to the EP;
Amendment 113 #
2012/2153(INI)
Motion for a resolution
Paragraph 1 – point ab a (new)
Paragraph 1 – point ab a (new)
(aba) Calls for the comprehensive monitoring mechanism to be established between Parliament and EEAS, once the Agreement is concluded, so as to allow for comprehensive and regular information on the implementation of the PCA, and in particular of its objectives; this mechanism should contain the following elements: - provision to EP of information on the objectives pursued with EU actions and positions and on all issues relating to Kazakhstan; - provision to EP of information benchmarking the results of actions undertaken by the EU and Kazakhstan, highlighting the evolution in the situation of human rights, democracy and the rule of law in the country, in particular through o giving access under the appropriate confidentiality procedures to the relevant EEAS internal documents; o granting Parliament observer status in the briefing meetings ahead of meetings of the Cooperation Council and access to documents provided to the Council and the Commission; involvement of civil society in the preparation of this information and assessment of the situation;
Amendment 115 #
2012/2153(INI)
Motion for a resolution
Paragraph 1 – point ac
Paragraph 1 – point ac
(ac) encourage the EU negotiating team to continue its close cooperation with the EP, providing ongoing information, supported by documentation, on the progress of the negotiations pursuant to Article 218(10) TFEU, which states that the Parliament shall be immediately and fully informed at all stages of the procedure;
Amendment 51 #
2012/2011(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point b
Article 28 – paragraph 4 – point b
(b) an enterprise or an organisation employing fewer than 250 persons that is processing personal data only as an activity ancillary to its main activities.
Amendment 70 #
2012/2011(COD)
Proposal for a regulation
Article 35 – paragraph 11
Article 35 – paragraph 11
Amendment 76 #
2012/2011(COD)
Proposal for a regulation
Article 79 – paragraph 3 – point b
Article 79 – paragraph 3 – point b
(b) an enterprise or an organisation employing fewer than 250 persons is processing personal data only as an activity ancillary to its main activities.
Amendment 75 #
2012/0061(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) This directive aims at better enforcement of Directive 96/71/EC. Therefore, the provision laid down in this directive shall be applicable without prejudice to Articles 4 and 5 of Directive 96/71/EC.
Amendment 78 #
2012/0061(COD)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
Amendment 94 #
2012/0061(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Trade unions play an important role in the context of the posting of workers for the provision of services since social partners may, in accordance with national law and/or practice, determine the different levels (alternatively or simultaneously) of the applicable minimum rates of payhis Directive and Directive 96/71/EC should not interfere with different national industrial relations and collective bargaining systems.
Amendment 113 #
2012/0061(COD)
Proposal for a directive
Recital 10 b (new)
Recital 10 b (new)
(10b) Posted workers should not be used to replace workers on strike.
Amendment 117 #
2012/0061(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Member States should take appropriate measures in order to prevent the misuse and/or circumvention of Directive 96/71/EC and this Directive by undertakings for the purpose of depriving posted workers of their rights or the withholding of such rights. In particular, posted workers sent to replace workers on strike, successive assignments to the same post and bogus self employment should be prevented.
Amendment 120 #
2012/0061(COD)
Proposal for a directive
Recital 11 d (new)
Recital 11 d (new)
(11d) In case terms and conditions of employment in the Member State of establishment and/or the Member State to which the posting takes place are more favourable to posted workers than this Directive and/or Directive 96/71/EC, the more favourable terms and conditions should apply.
Amendment 133 #
2012/0061(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Posted workers have an individual right to information and advice on the applicable terms and conditions of work and employment. It is the responsibility of the Member States to set up appropriate bodies to which posted workers can turn in this respect.
Amendment 144 #
2012/0061(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to ensure the correct application of, and to monitor compliance with, the substantive rules on the terms and conditions of employment to be respected with regard to posted workers, Member States should apply only certainthe necessary control measures orand administrative formalities to undertakings posting workers for the provision of services. Such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the Member State of establishment of the service provider within a reasonable delay and/or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained in order to effectively combat fraud and unfair competition.
Amendment 164 #
2012/0061(COD)
Proposal for a directive
Recital 23
Recital 23
(23) To facilitate the enforcement of Directive 96/71/EC and ensure more effective application of it, effective complaint mechanisms should exist through which posted workers may lodge complaints or engage in proceedings either directly or through relevant designated third parties, such as trade unions or other associations as well as common institutions of social partners. This should be without prejudice to national rules of procedure concerning representation and defence before the courts. Trade unions should have a right of collective action and the possibility of representative action.
Amendment 213 #
2012/0061(COD)
Proposal for a directive
Recital 33
Recital 33
(33) This Directive and Directive 96/71/EC respects the fundamental rights and observes the principles recognised in the European Convention on Human Rights, ILO Conventions and the Charter of Fundamental Rights of the European Union, notably protection of personal data (Article 8), the freedom to choose an occupation and right to engage in work (Article 15), the freedom to conduct a business (Article 16), the right to equality (Article 20), non-discrimination (Article 21), the right to collective bargaining and action (Article 28), fair and just working conditions (Article 31), and the right to an effective remedy and to a fair trial (Article 47) and has to be implemented in accordance with those rights and principles.
Amendment 239 #
2012/0061(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘'competent authority’' means an authority body designated by a Member State to perform functions under this Directive, including social partners;
Amendment 250 #
2012/0061(COD)
Proposal for a directive
Article 3 – title
Article 3 – title
Amendment 255 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
1. For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall tmake into accountan overall assessment of all factual elements characterising the activities carried out by an undertaking in the Member State in which it is established and, where necessary, in the Member State to which the posting takes place in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities. Such elements may include in the Member State of establishment or the employment of staff only in the Member State to which the posting takes place. In particular, the following elements shall be taken into consideration:
Amendment 268 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) the place where the undertaking has its registered office and administration, uses office space, pays taxes, has a professional licence or is registered with the chambers of commerce or professional bodiesperforms its substantial business activity in the sector where the posted worker is employed,
Amendment 275 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a a (new)
Article 3 – paragraph 1 – subparagraph 1 – point a a (new)
(a a) the place where the undertaking pays taxes and social security contributions,
Amendment 276 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a b (new)
Article 3 – paragraph 1 – subparagraph 1 – point a b (new)
(a b) the generation of more than 25% turnover in the Member State of establishment,
Amendment 279 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point b
Article 3 – paragraph 1 – subparagraph 1 – point b
(b) the place where posted workers are recruited and usually employed,
Amendment 283 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point c
Article 3 – paragraph 1 – subparagraph 1 – point c
(c) the law applicable to the contracts concluded by the undertaking with its workers, on the one hand, and with its clientsproportion of staff working in the Member State of establishment, on the one hand, and the place where the majority of contracts with clients are carried out, on the other hand,
Amendment 403 #
2012/0061(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Amendment 406 #
2012/0061(COD)
Proposal for a directive
Article 3 b (new)
Article 3 b (new)
Article 3b Applicable law 1. Where it is not established that an undertaking performs genuine substantial activity in the Member State of establishment in accordance with Article 3.1, the undertaking shall be considered to be established in the Member State where it provides the service. 2. Where it is not established that a posted worker is temporarily carrying out work in a Member State other than the one in which he normally works in accordance with Article 3.2, the habitual place of employment, and thus the applicable terms and conditions of employment, shall be those of the Member State where the service is provided. 3. Terms and conditions of employment, as provided for in the national laws and collective agreements of the Member State of establishment and/or the Member State where the service is provided, which are more favourable to workers shall apply. 4. In the event of absence, lack or incompletion of documents such as the ones referred to in Article 3 of Directive 91/533 or the A1 certificate concerning the social security legislation, as stipulated for posted workers by Regulation 883/2004 and implementing Regulation 987/2009, the situation should not be characterised as one of 'temporarily posting' to another Member State, and thus the applicable terms and conditions of employment, shall be those of the Member State where the service is provided.
Amendment 429 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) make the information available to workers and service providers in languages other than the national language(s) of the country in which the services are providedthe requested official EU language, if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities; further detailed information on labour and social conditions including occupational health and safety shall be easily made available by different means of communication including contact points;
Amendment 443 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point e
Article 5 – paragraph 2 – point e
(e) indicate, if possible, a contact person at the liaison office in charge of dealing with requests for information;
Amendment 488 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 7
Article 6 – paragraph 7
7. Member States shall ensure the confidentiality of the information which they exchange. Information exchanged shall be used only in respect of the matter(s) for which it was requested in accordance with national law and practice.
Amendment 533 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States may only impose the followingshall impose administrative requirements and effective control measures. These measures shall include in particular:
Amendment 542 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) an obligation for a service provider established in another Member State to make a simple declaration to the responsible national competent authorities at the latest at the commencementone month in advance of the service provision, whereby the declaration may only covershall cover in particular: - the identity of the service provider,; - the presence of one or more clearly identifiable posted workers, their anticipated number, the anticipated duration and location of their presence, andanticipated number and the individual identification data of the posted workers; - the anticipated duration of posting; - the place where the service is to be provided; - the services justifying the posting;
Amendment 553 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a a (new)
Article 9 – paragraph 1 – point a a (new)
(aa) an obligation for the service provider to inform the responsible national competent authorities without delay: - in case the posting does not or has not taken place or was terminated ahead of schedule; - in case the service justifying the posting is interrupted; - in case the posted worker has been assigned by his employer to another undertaking, in particular in the event of a merger or a transfer of undertaking; - in case of any other changes related to the information provided according to Article 9.1 (a);
Amendment 555 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) an obligation to keep or make available documents and/or retain copies in paper or electronic form for the competent authorities and the trade unions, at the place where the service is provided, during the period of service provision and up to two years after the period of service provision. This obligation concerns the following documents in particular: - a copy of the A1 form as proof of social security coverage in the home member state, - of the employment contract (or an equivalent document within the meaning of Directive 91/533, including, where appropriate or relevant, the additional information referred to in Article 4 of that Directive), - payslips, - time-sheets and, - proof of payment of wages or copies of equivalent documents during the period of posting, - an assessment of the risks to safety and health at work, including protective measures to be taken, in accordance with Directive 89/391/EC, - where the posted worker is a third country national, copies of the work permit and of the residence permit. The documents shall be kept in an accessible and clearly identified place in itsthe territory of the host Member State, such as the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;
Amendment 568 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) a translation ofin the documents referred to under (b), may be justified providedrequested official EU languages of these documents are not excessively long and standardised forms are generally used for such documentsferred to under (b);
Amendment 578 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c a (new)
Article 9 – paragraph 1 – point c a (new)
(ca) The Member State to which the posting takes place may require that the documents referred to under (b) and any additional mandatory documents are made available without delay to the competent national authorities.
Amendment 587 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) an obligation to designate a contact personlegal representative with a residence in the Member State to which the posting takes place, during the period of posting and up to one year after the service provision to deal with administrative and judicial proceedings and to negotiate, if necessary, on behalf of the employer with the relevant social partners in the Member State to which the posting takes place, in accordance with national legislation and practice, during the period in which the services are provided.
Amendment 597 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(da) other administrative requirements and control measures without which competent authorities cannot carry out their supervisory tasks effectively. These requirements shall be made publicly available.
Amendment 600 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Measures aiming at combating grey economy, such as an obligation to designate an individual tax number for the employee.
Amendment 662 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. For the enforcement of the obligations under Article 6 of Directive 96/71/EC and this Directivethis Directive and Directive 96/71/EC, Member States shall ensure that there are effective mechanisms for posted workers to lodge complaints against their employers directly, as well as the right to institute judicial or administrative proceedings, also in the Member State in whose territory the workers are or were posted, where such workers consider they have sustained loss or damage as a result of a failure to apply the applicable rules, even after the relationship in which the failure is alleged to have occurred has ended.
Amendment 664 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall ensure that trade unions and other third parties, such as associations, organisations and other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive and Directive 96/71/EC are complied with, may engage, on behalf or in support of the posted workers or their employer, with their approval in any judicial or administrative proceedings provided for with the objective of implementing this Directive and Directive 96/71/EC and/or enforcing the obligations under this Directive and Directive 96/71/EC. Trade unions shall have the right of collective action in order to ensure compliance with the requirements of this Directive and Directive 96/71/EC and the possibility of taking representative action on behalf of posted workers.
Amendment 677 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – introductory part
Article 11 – paragraph 5 – subparagraph 1 – introductory part
Member States shall ensure that the necessary mechanisms are in place to ensure that posted workers are able to receiveor bodies acting on their behalf are able to claim and receive any due entitlements.
Amendment 697 #
2012/0061(COD)
Proposal for a directive
Article 12
Article 12
Amendment 700 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 701 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Amendment 718 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a
Article 12 – paragraph 1 – subparagraph 1 – point a
Amendment 736 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 744 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 755 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 764 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 770 #
2012/0061(COD)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Subcontracting and liability 1. Each Member State shall take the necessary measures to ensure that an undertaking which appoints a subcontractor to provide services is liable, in addition to and/or in place of that subcontractor, for obligations of that subcontractor and any other intermediate. 2. This shall not in any way preclude the application of already existing more stringent rules at national level nor the introduction of those. 3. Member States may limit vertical subcontracting to three levels provided that the limitation is not discriminatory.
Amendment 4 #
2011/2293(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that volunteering involves citizens in local and cross-border development and therefore plays a role in fostering active citizenship, thereby strengthening cohesion and participative democracy; cross-border volunteering better enables volunteers to realise the goal of increasing mobility within the EU by providing volunteers with the opportunity to learn the language and culture of the country in which they work;
Amendment 15 #
2011/2293(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that volunteering contributes to fighting poverty while helping to achieve economic and social cohesion and to promote solidarity between generations by encouraging the cooperation among young and senior citizens and having a positive impact on their active participation in the social activities;
Amendment 29 #
2011/2293(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that volunteering should not be an alternative nor a substitute for paid work and, should not, in any case, constitute a reason for superseding the obligations of the social state;
Amendment 31 #
2011/2293(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that volunteering should not be a substitute for paid work; this aspect should be particularly emphasised in the care sector, where the amount of volunteering continues to grow. Care work always requires trained employees;
Amendment 3 #
2011/2081(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the Council of Europe Parliamentary Assembly's Report on the State of Media Freedom in Europe, Doc. 13078, adopted 24 January 2013,
Amendment 4 #
2011/2081(INI)
Motion for a resolution
Citation 10 b (new)
Citation 10 b (new)
- having regard to the European Convention of Human Rights and Fundamental Freedoms, Council of Europe,
Amendment 6 #
2011/2081(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
– having regard to the independent Policy Report on European Union Competencies in Respect of Media Pluralism and Media Freedom of the Centre for Media Pluralism and Media Freedom (CMPF), Robert Schuman Centre for Advanced Studies at the European University Institute (EUI), January 2013,
Amendment 7 #
2011/2081(INI)
Motion for a resolution
Citation 12 b (new)
Citation 12 b (new)
– having regard to the independent Report with its recommendations on 'A free and pluralistic media to sustain European democracy' by the High Level Group on Media Freedom and Pluralism, January 2013,
Amendment 9 #
2011/2081(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
– having regard to the report on A European Charter for the Standard Settings for Media Freedoms across the EU, LIBE Committee of the European Parliament, adopted 21 February 2013,
Amendment 10 #
2011/2081(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
– having regard to its resolution of 13 December 2012 on 'The review of the EU's Human Rights Strategy',
Amendment 12 #
2011/2081(INI)
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
– having regard to its resolution of 12 December 2012 on 'The situation of Fundamental Rights in the European Union',
Amendment 13 #
2011/2081(INI)
Motion for a resolution
Citation 24 a (new)
Citation 24 a (new)
– having regard to the study on 'The impact of the resolutions and other activities of the European Parliament in the field of human rights outside the EU', requested by the Subcommittee on Human Rights,
Amendment 14 #
2011/2081(INI)
Motion for a resolution
Citation 28
Citation 28
– having regard to its resolutions on urgent cases of breaches of human rights, democracy and the rule of law, where they rais and on country specific resolutions, where concerns regarding press and media freedom, particularly the imprisonment of journalists and bloggers are raised,
Amendment 19 #
2011/2081(INI)
Motion for a resolution
Recital B
Recital B
B. whereas restrictions on freedom of expression have far-reaching effects and can only be justified subject to narrow and strict conditions, provided by law which itself is considered legitimate under international law; whereas freedom of expression is a fundamental right and closely linked to press- and media freedom and pluralism; whereas states that signed to the European Convention on Human Rights (ECHR) are obliged to ensure that an independent, free and pluralistic press and media is guaranteed;
Amendment 36 #
2011/2081(INI)
Motion for a resolution
Recital H
Recital H
H. whereas new digital and online media platforms have contributed to increased diversity and pluralism, but also to the attempts to restrict them; whereas there are monopolistic tendencies in the concentration of media ownership that risk to undermine media diversity and media pluralism in various countries within and outside Europe;
Amendment 41 #
2011/2081(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the EU has a clear role in upholding the fundamental rights of EU citizens; whereas, however, the EU lacks a comprehensive strategy;
Amendment 45 #
2011/2081(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recognises that governments have the primary responsibility for hampering freedom of the press and media, and are increasingly resorting to legal pressure, e.g. through the abuse of anti-terrorism legislation and laws on national security, treason or subversion, in order to restrict press and media freedom; is alarmed by the fact that there is a general downward trend in the grading of the press- and media freedom environments in various countries within and outside Europe according to the latest annual Indexes and Analysis Reports - see the list in Annex at the end of this report -;
Amendment 70 #
2011/2081(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. ConsidersIs concerned that the trend of concentrated media ownership in large conglomerates to beposes a threat to media freedom and pluralism and ultimately, to democracy, especially with digitisation occurring in parallel; stresses the importance of an open and enabling underlying media infrastructure, as also of the existence of independent regulators;
Amendment 76 #
2011/2081(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. RecognisesIs aware of the fact that all too often media are used as traditional propaganda tools and that, specifically regarding public service media, financial and political independence is essential; emphasises that free and independent public media play a crucial role in deepening democracy, in maximising the involvement of civil society in public affairs and in empowering citizens on the path to democracy;
Amendment 85 #
2011/2081(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recognises the potential impact of today's ever more digitised media and their empowering effects on individuals, and, is aware of the fact that these phenomena which create anxiety for those in power;
Amendment 101 #
2011/2081(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the need for greater understanding of the role of intermediaries and their responsibilities; considers that market regulators can help preserve competition, but that it is also necessary to explore new ways of engaging private actors in order to preserve the public value of information; recognises that self- regulation can entail specific risks where (democratic) oversight isand public scrutiny are lacking;
Amendment 110 #
2011/2081(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. ConsiderAffirms that for the EU consideredthat understands itself as a community of values, the promotion and protection of global press and media freedom are essential;
Amendment 117 #
2011/2081(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the EU should lead the way in ensuring that the media remain independent, pluralistic and diverse, and in defending the situation, freedom and security of journalists and bloggers; stresses that, to this end, the EU should not interfere with content but should, rather, support an enabling environment and limit restrictions to freedom of expression globally;
Amendment 123 #
2011/2081(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes with concern that in recent years some media, notably in the EU, have come under scrutiny themselves for their unethical behaviour; considerstresses that the EU can only lead by example if it keeps its own house in order;
Amendment 132 #
2011/2081(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls for a shift from ad hoc funding of projects to a more sustainable approach, also involving private donors and interlocutors; recognises the need for a country-by-country and tailored approach to programming both, at national and regional level;
Amendment 144 #
2011/2081(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses that media development and enabling freedom of expression should be at the heart of the EU's dialogue at country level, as well as of its association, trade and partnership agreements and aid programmes, in compliance with Article 21 TEU; emphasises that in this regard there should be no conclusion of any international agreement that lacks clear benchmarking and monitoring mechanisms; urges the EEAS to respect and implement the EP's reports and recommendations for the negotiations of such agreements; reminds that only coherence, consistency, coordination and transparency between the EP, EEAS and Commission with regard to the implementation and monitoring of these fundamental and human rights is crucial for the EU's credibility and effectiveness in its relations and interactions with other countries and states;
Amendment 153 #
2011/2081(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Considers that press and media programmes should also focus on improving the (state and legal) structures and on supporting local media companies and businesses, in order to improve their transparency and openness; , independence, sustainability, and openness as this is crucial for the development of a diverse and rich media landscape which provides for the exchange of varied views and opinions;
Amendment 171 #
2011/2081(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Annex List of Annual Country Index and Country Analysis: - World Press Freedom Index 2013 by Reporters Without Borders - The State of Media Freedom in Europe Report, Doc.13078, adopted on 24 January 2013, Council of Europe Parliamentary Assembly (8th Sitting)
Amendment 381 #
2011/0437(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Directive recognises the principle of free administration by contracting authorities and contracting entities in conformity with the Treaties. The latter will be free to decide how best to provide, organise and manage the execution of the work and the provision of the services for which they are responsible, in accordance with the legislative arrangements and the methods which they judge to be the most effective manner to ensure a high level of quality, safety and affordability, equal treatment and the promotion of universal access and of user rights in public services.
Amendment 383 #
2011/0437(COD)
Proposal for a directive
Article 1 – paragraph 1 b (new)
Article 1 – paragraph 1 b (new)
1b. The details of concession contracts, including regarding the transfer of operating risk and eventual payments from the grantor to the economic operator, shall be made public and open to scrutiny. Any subsequent modifications to the contract shall also be made public. Member states shall ensure that periodic evaluation of the performance of concessions shall be made public. Member states shall ensure that for public service concession contracts the same requirements for transparency and public control apply as for publically- delivered services.
Amendment 404 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) a ‘public (a) a "works concession’" means a contract for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities and having as their object the execution of works, where the consideration for the the works to be carried out consists either solely in the right to exploit the works that are the subject of the contract or in that right together with payment. y means of which one or more contracting authorities or contracting entities entrusts the execution of work to one or more economic operators, where the consideration for this delegation consists either solely in the right to exploit the works that are the subject of the contract or in that right together with payment. (b) a 'services concession' means a contract for pecuniary interest concluded in writing by means of which one or more contracting authorities or contracting entities entrusts the operation of a service for which they are responsible to one or more economic operators, where the consideration for this delegation consists either solely in the right to exploit the service which is the subject of the contract or in that right together with payment. The right to exploit the works or services shall imply the transfer to the concessionaire of the substantial economic risk in exploiting these works or services, defined as the risk of exposure to the vagaries of the market and encompassing both demand and availability risk. The concessionaire shall be deemed to assume the substantial operating risk where, under normal conditions of exploitation and according to the provisions of the contract, it is not guaranteed to recoup the investments made or the costs incurred in operating the works or the services which are the subject-matter of the concession.
Amendment 731 #
2011/0437(COD)
Proposal for a directive
Title 2 – chapter - 1 (new)
Title 2 – chapter - 1 (new)
Amendment 94 #
2011/0405(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The European Neighbourhood Instrument funding supports also the implementation of regional cooperation i.a. in the framework of the Northern Dimension and the Black Sea Synergy as well as the external aspects of macro- regional strategies.
Amendment 110 #
2011/0405(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Furthermore, it is important to foster and facilitate cooperation for the common benefit of Union and its partners, notably through pooling of contributions from internal and external instruments of the Union budget, in particular for Cross- Border Cooperation, regional cooperation projects, infrastructure projects of Union interest that will pass through Neighbourhood countries and other areas of cooperation.
Amendment 117 #
2011/0405(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Cross-Border Co-operation willshould contribute as appropriate to the implementation of existing and future regional cooperation, for example in the Northern Dimension and Black Sea regions, as well as of macro-regional strategies.
Amendment 135 #
2011/0405(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) Freedom of expression, media independence and pluralism are cornerstones of a deep and sustainable democracy and thus, should be duly supported under this regulation. The crucial role of independent, sustainable and accountable public service media in deepening democracy, in maximising the involvement of civil society in public affairs, and in empowering citizens on the path to democracy should be recognised therein.
Amendment 145 #
2011/0405(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. Union support under this Regulation shall be used for the benefit of partner countries and the regions involved in the Cross-Border Cooperation. It can also be used for the common benefit of EUthe Union and partner countries.
Amendment 152 #
2011/0405(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Union funding may also be used for the purpose of enabling the Russian Federation to participate in Cross-Border Cooperation, for the common benefit of border regions, and in relevant multi-country programmes, to reflect the specific status of the Russian Federation as both a Union neighbour and a strategic partner in the region.
Amendment 163 #
2011/0405(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) promoting human rights and fundamental freedoms, in particular women's, children's and minority rights, freedom of speech, of conscience, of religion or of belief, of sexual orientation, of association and the media, including unrestricted access to information, communication and internet, the rule of law, principles of equality, establishing deep and sustainable democracy, promoting good governance and developing a thriving civil society including social partners;
Amendment 210 #
2011/0405(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Cooperation with Russian Federation is based on its status as the Union neighbour and strategic partnership. The Northern Dimension policy documents and other relevant documents provide the political framework for regional and Cross-border cooperation with Russia. Black Sea Synergy is based on the Joint Statement of the Ministers of Foreign Affairs of the countries of the European Union and of the wider Black Sea area.
Amendment 232 #
2011/0405(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Union support under this Regulation shall in principle be co-financed by the partner and other participating countries through public funds, contributions from the beneficiaries or other sources. The same principle shall be applicable to the cooperation with the Russian Federation, particularly with regard to programmes referred to in points (b) and (c) of Article 6(1) (c). Co-financing requirements may be waived in duly justified cases and when this is necessary to support the development of civil society and non-state actors, without prejudice to compliance with the other conditions set out in the Financial Regulation.
Amendment 242 #
2011/0405(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) multi-country programmes which address challenges common to all or a number of partner countries, and regional and sub-regional cooperation between two or more partner countries, andbased on priorities of the European Neighbourhood Policy, or regional and sub-regional cooperation which may include cooperation with the Russian Federation;
Amendment 250 #
2011/0405(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) for land borders, covering the territorial units corresponding to NUTS level 3 or equivalent along the land borders between Member States and partner countries, and/or the Russian Federation, without prejudice to potential adjustments needed to ensure the coherence and continuity of cooperation action;
Amendment 253 #
2011/0405(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. In order to ensure the continuation of existing cooperation schemes and in other justified cases, territorial units adjoining to those referred to in paragraph 1 may be allowed to participate in Cross-Border Cooperation. The conditions under which adjacent regions may participate will be laid down in the Joint Operational Programmes. Border regions that belong to countries of the European Economic Area (EEA) and the relevant regions in countries covered by the Instrument for Pre-accession Assistance can also participate in the programmes mentioned in points (a), (b) and (c) of paragraph 1. Participation of the European Economic Area countries in the Cross-Border Cooperation programmes will continue to be based on their own resources.
Amendment 260 #
2011/0405(COD)
Proposal for a regulation
Article 10 – paragraph 12
Article 10 – paragraph 12
12. Following the principle of partnership, participating countries and regions shall jointly select actions for Union support that are consistent with the priorities and measures of the joint operational programme.
Amendment 277 #
Amendment 506 #
2011/0288(COD)
Proposal for a regulation
Article 76 – paragraph 2 a (new)
Article 76 – paragraph 2 a (new)
2a. By way of derogation from paragraph 2, Member States may decide, taking into account the risk of overpayment, to pay up to 50 % as regards of the payment referred to in Title III of Chapter 2 of Regulation ...(Direct payments) direct payments and 75 % for the support granted under rural development as referred to in Article 68(2) after finalisation of the administrative checks provided for in Article 61(1). The percentage of payment shall be the same for all beneficiaries of the measure or set of operations. The direct payments shall not be paid before the16th of October.
Amendment 132 #
2011/0282(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22 a) Member States shall contribute at least a minimum of 5% of the total co- financed budget in Rural Development Programme to programme for young farmers.
Amendment 954 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point c a (new)
Article 20 – paragraph 1 – point c a (new)
(c a) retirement payments for farmers who permanently transfer their holding to another farmer.
Amendment 1002 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 5 a (new)
Article 20 – paragraph 2 – subparagraph 5 a (new)
Support under paragraph 1 (ca) shall be granted to farmers who have practised farming for at least 10 years, are not less than 60 years old, commit to permanently transfer their entire holding and the corresponding payment entitlements to another farmer and stop all commercial farming activity definitively.
Amendment 1311 #
2011/0282(COD)
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3a. In case farmers are automatically entitled to the support referred to in Chapter 2 of Title III of Regulation (EU) No [DP], the agri-environment-climate measures laid down in this regulation in article 29(4) do not need to be the same as the greening measures, however the agri- environment-climate programs must to go beyond the benefits of the greening.
Amendment 1449 #
2011/0282(COD)
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 2
Article 33 – paragraph 3 – subparagraph 2
When delimiting the areas concerned by this paragraph, other than those designated as naturally constrained by the climate criterion in Annex II, Member States shall undertake a fine-tuning exercise, based on objective criteria, with the purpose of excluding areas in which significant natural constraints in accordance with the first subparagraph have been documented but have been overcome by investments or by economic activity.
Amendment 1560 #
2011/0282(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point b
Article 37 – paragraph 1 – point b
(b) financial contributions to mutual funds to pay financial compensations to farmers, for economic losses caused by adverse climatic events or by pest infestation or by the outbreak of an animal or plant disease or an environmental incident;
Amendment 1581 #
2011/0282(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point c
Article 37 – paragraph 1 – point c
(c) an income stabilisation tool, in the form of financial contributions to mutual funds, providing compensation to farmers who experiencefor a severe drop inof their income.
Amendment 1585 #
2011/0282(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. For the purpose of paragraph 1 points (b) and (c), ‘mutual fund’ shall mean a scheme accredited by the Member State in accordance with its national law for affiliated farmers to insure themselves, whereby compensation payments are made to affiliated farmers affected byfor economic losses caused by the outbreak of an animal or plant disease or of adverse climatic events or pest infestation or an environmental incident or experiencing a severe drop in their income.
Amendment 1982 #
2011/0282(COD)
Proposal for a regulation
Article 65 – paragraph 5 a (new)
Article 65 – paragraph 5 a (new)
5 a. A minimum of 5% of the total co- financed budget of rural development programme shall be reserved for measures for young farmers.
Amendment 1425 #
2011/0281(COD)
Proposal for a regulation
Article 101 – paragraph 1
Article 101 – paragraph 1
1. The terms for buying sugar beet and sugar cane, including pre-sowing delivery agreements, shall be governed by written agreements within the trade concluded between Union growers of sugar beet and sugar cane and Union sugar undertakingscurrent EU sugar quota regime should be extended to the end of the 2019- 2020 marketing year, with non-quota sugar automatically re-designated as quota sugar.
Amendment 1433 #
2011/0281(COD)
Proposal for a regulation
Article 101 – paragraph 2
Article 101 – paragraph 2
Amendment 352 #
2011/0280(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b – point vii
Article 1 – paragraph 1 – point b – point vii
(vii) a voluntary simplified scheme for small farmers;
Amendment 1278 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) to have three different crops on their arable land where the arable land of the farmer covers more than 3 hectares and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the year;ensure crop diversification as referred to in Article 30.
Amendment 1428 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 1
Article 29 – paragraph 4 – subparagraph 1
Farmers shall be entitled ipso facto to the payment referred to in this Chapter when they fall within the following categories: - farmers complying with the requirements laid down in Article 29 (1) of Regulation (EC) No° 834/2007 as regards organic farming shall be entitled ipso facto to the payment referred to in thi, or - farmers complying with the requirements of agri-environment- climatic schemes Cthapter.t go beyond the greening requirements
Amendment 1537 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Where the arable land of the farmer covers more than 35 hectares and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the year, cultivation on the arable land shall consist of at least threewo different crops, and arable lands above the 62nd parallel north one crop type. None of those threewo crops shall cover less than 5 % of the arable land and the main one shall not exceed 70 % of the arable land.
Amendment 1561 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1 a. The first paragraph shall not apply to farms where the arable land of the farmer covers more than two thirds of the eligible agricultural area of the holdings is covered by temporary or permanent grassland, or permanent crops.
Amendment 1601 #
Amendment 1605 #
2011/0280(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1
Article 31 – paragraph 1 – subparagraph 1
Amendment 1769 #
2011/0280(COD)
Proposal for a regulation
Article 32 – paragraph 1 a (new)
Article 32 – paragraph 1 a (new)
1 a. By way of derogation from paragraph 1, in Member States where utilised agriculture area is less than 10 % of the total land area of the Member State, the environmental area shall cover 3 % of the farmer's arable land.
Amendment 2031 #
2011/0280(COD)
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2
Article 38 – paragraph 1 – subparagraph 2
Coupled support may be granted to the following sectors and productions: cereals, oilseeds, protein crops, grain legumes, flax, hemp, rice, nuts, starch potato, ware potato, processing potato, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, pigmeat and poultrymeat, eggs, olive oil, silk worms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables and short rotation coppice.
Amendment 2137 #
2011/0280(COD)
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. By way of derogation from paragraph 2, Member States having allocated during at least one year in the period 2010-2013 more than 10 % of their amount available for granting the direct payments provided for in Article 182(7) of Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation 1) and in Titles III, IV and V of Regulation (EC) No 73/2009, with the exception of Section 6 of Chapter 1 of Title IV, for financing the measures laid down in Section 2 of Chapter 2 of Title III of Regulation (EC) No 73/2009, the support provided for in points (i) to (iv) of paragraph 1(a) and paragraphs 1(b) and (e) of Article 68 of that Regulation, or the measures under Chapter 1, with the exception of Section 6, of Title IV of that Regulation may decide to use more than 10 % of the annual national ceiling set out in Annex II upon approval by the Commission in accordance with Article 41. Or. en (OJ L 299, 16.11.07, p. 1.)
Amendment 204 #
2011/0190(COD)
Proposal for a directive
Article 2 – point 1 – point 1
Article 2 – point 1 – point 1
Member States shall be allowed a transitional period of at least ten years for the implementation of this Directive. Thereafter they shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [12 months after the entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions and a table showing the correlation table between those provisions and this Directive.
Amendment 35 #
2011/0152(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 142 #
2011/0152(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. On the basis of the risk assessment referred to in Article 4, workplaces where workers could be exposed to electromagnetic fields exceeding the orientation or action values shall be indicated by appropriate signs in accordance with Annexes II and III and with Council Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the provision of safety and/or health signs at work (ninth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). The areas in question shall be identified and access to them limited as appropriate. Where access to these areas is suitably restricted for other reasons or other solutions are found according to the national law and practices, then signs and access restrictions specific to electromagnetic fields are not required.
Amendment 161 #
2011/0152(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
1. With the objective of prevention and early diagnosis of any adverse health effects due to exposure to electromagnetic fields, appropriate health surveillance shall be carried out in accordance with Article 14 of Directive 89/391/EEC. In addition, Member States’ guidelines on health checks and regulations on health monitoring should be brought up to date in the light of updated limits for the exposure of workers to electromagnetic fields.
Amendment 182 #
2011/0152(COD)
Proposal for a directive
Article 13
Article 13
In order to facilitate implementation of this Directive, in particular the conduct of the risk assessment, the Commission shall draw up practical guides to the provisions of Articles 4 and 5 and Annexes II to IV. The Commission shall work in close cooperation with the Advisory Committee for Safety and Health at Work. The practical guides should be updated regularly and take into consideration among the others future technical developments. This follow up shall also influence Commission's work under Article 10.
Amendment 226 #
2011/0152(COD)
Proposal for a directive
Annex II – Part E – paragraph 3
Annex II – Part E – paragraph 3
Where a worker has declared to her employer that she is pregnant then the requirements of Council Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding apply. The employworker shall enablhave the worker to avoid havingright to refuse to enter areas where exposures exceeding the exposure limits for the general public given in Council Recommendation 1999/519/EC, or its subsequent revisions.
Amendment 12 #
2010/2289(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes the measures which will be introduced by the Commission, especially the correlation tables it is envisaging; calls on the Commission to apply correlation tables to all legislation and not only the priority directives;
Amendment 15 #
2010/2289(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises the important role of support networks and tools, such as EURES and SOLVIT, in making the single market work for the European citizens and businesses; calls on the Member States to increase the public awareness of these tools; believes that it is especially SMEs who are in the greatest need of the SOLVIT-network; regrets that SOLVIT is neither known by many stakeholders nor does it enjoy the status it deserves; urges the Commission and the Member States, therefore, to act and improve the deficits;
Amendment 16 #
2010/2289(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Regrets tha tin its package the Commission has failed to address the huge problem of the cross border nature of European grey economy; reiterates its stance of February 2009 when adopting the report on the social responsibility of subcontracting undertakings in production chains; would like to know whether the Commission has actually launched an impact assessment of a Community instrument on chain liability as a way of increasing transparency in subcontracting processes and of securing better enforcement of Community and national law, as demanded by the Parliament;
Amendment 17 #
2010/2289(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Welcomes the Commission's initiative on the use of alternative dispute resolution (ADR) in the EU; regrets the growing culture of litigation in the area of industrial relations, which severely threatens the balance between social partners across Europe and, if allowed to develop further, is liable to cause instability and even social unrest; calls on the Commission to broaden the scope of ADRs to cover cross-border disputes in labour issues and to address the problems of forum shopping in matters concerning collective bargaining and industrial action;
Amendment 18 #
2010/2289(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Calls on the Commission to amend to the Brussels I regulation, establishing a rule on exclusive jurisdiction for the courts of the place where the primary industrial action is to be, or has been, taken;
Amendment 20 #
2010/2289(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises the importance of a stronger and earlier involvement of stakeholders in designing, adopting, implementing and monitoring the measures to boost growth and citizens‘' rights in the single market; emphasises furthermore that dialogue with the social partners and civil society is of the essence in restoring confidence in the single market; expects new and bold ideas from the Commission as to how this dialogue can actually be improved; demands that the social partners be involved and consulted in all relevant single market legislation affecting the labour market;
Amendment 5 #
2010/2278(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Takes the view that the internal market needs to be corrected in order to provide secure services of general economic interest (SGEI) within a framework of universal access, high quality and affordability; takes the view that the Commission's proposal is not sufficient, and regrets that it does not make reference to any legislative proposal, except in respect of concessions and public procurement;
Amendment 15 #
2010/2278(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is disappointed at the absence of any proposals on quality social services of general interest; takes the view that these proposals are a long way from the quality framework promised by Mr Barroso;
Amendment 18 #
2010/2278(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to introduce clear-cut legislation which defines SSGI on the basisve proposals based on Article 14, Protocol 26, and in accordance with the Charter of fFundamental rRights rather than economic prospects, strengthens the principles of subsidiarity and local self- government and excludes SSGI from the application of market rules; , which respects the principles of subsidiarity as defined in the Treaties, and prevents the intrusion of EU market rules which impede the prerogatives of Member State authorities, in particular local and regional authorities, in delivering services of general interest (SGI), and specifically defends their role in the delivery of social services of general interest (SSGI);
Amendment 27 #
2010/2278(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Asks for the inclusion of a binding horizontal social clause in all relevant single market legisthe form of a regulation, with a view to ensuring that competition rules respect fundamental rightshich explicitly makes economic freedoms respect the fundamental social rights, giving priority to fundamental social rights in case of conflict and protectings and upholdings the right to collective action and the right to strike in the context of the four freedoms; demands the establishment of a special social chamber of the ECJ, with judges specialising in labour and social law;
Amendment 38 #
2010/2278(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for a revision of the Posting of Workers Directive (96/71/EC1 ) with a view to protecting Member States‘ labour standards and industrial relations systems’ industrial relations systems and restoring the respect for the regulatory framework of labour standards and working conditions in the country where the work is pursued, including collective bargaining and different forms of collective action, and upholding the principle of equal pay for work of equal value rather than simply referring to minimum ratestandards;
Amendment 48 #
2010/2278(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that any reform of second-pillar pension systems should be aimed at reinforcing and complementing the first pillar, which guarantees adequate pensions; reminds the Commission that many Member States have a well-functioning first-pillar system in place; urges the Commission to take note of this and to use these examples as benchmarks across the EU; demands that the Commission assess the need for different rules affecting the pension funds and the need to improve the portability of pensions, including the portability of corporate pensions when changing employers; calls on the Commission to strengthen the regulations concerning the transparency of pension schemes, their investment strategies and solvency, involving social partners in the process and at an early stage;
Amendment 60 #
2010/2278(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Welcomes the Commission'’s intention to revise the Professional Qualifications Directive (2005/36/EC2 ), and the introduction of a professional card which would contain – at the very least – information on qualifications, work experience and tax compliance while observing personal data protection rules; proposes that consideration be given to combining the skills passport with the professional card so that there is a single, uniform card at EU level; stresses the potential of a professional card in the fight against grey economy/undeclared labour in Europe;
Amendment 63 #
2010/2278(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Welcomes the proposals supporting the innovative potential of the social economy; highlights the great resistance of many social economy enterprises to the economic and social crisis, their potential to democratize economy, their flexibility in responding to changing demands and their capacity to innovate, not only in economic and ecological but also in social terms; draws attention to the part of the social economy involving cooperatives, mutual societies, associations and foundations, which plays an especially valuable role in creating sustainable employment and growth and combating poverty and exclusion; reminds the Commission that the level playing field for social economy actors must be ensured notably by improving the legal certainty in the field of services of general economic interest (SGEI);
Amendment 75 #
2010/2278(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Welcomes the Commission initiative to enhance corporate governance, with the specific goal of increasing employee involvement and improving the transparency of information provided by businesses, including management remuneration; calls for a coherent approach that involves setting high minimum standards and promoting information and consultation rights for employees and their representatives, along with boardroom participation rights.; is of the opinion that the functioning of boards of directors and decision making bodies can be improved by including more women and persons with different backgrounds, experience and roles and that therefore measures should be taken to ensure diversity in the composition of these boards and bodies;
Amendment 32 #
2010/2277(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Strongly supports the efforts to pursue international trade negotiations; reiterates in this respect the importance of including social standards in all trade agreements concluded between the EU and third countries; emphasises, in this respect, the effective implementation of ILO standards and its Decent Work Agenda and the OECD Code of Conduct for Multinational Enterprises;
Amendment 44 #
2010/2277(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes the Commission's intention to considering the creation of project bonds to finance European projects; regrets, however, that the Commission is not acting with greater determination in this respect; is of the opinion that properly financed common European projects can contribute to EU competitiveness, exploiting the full potential of the single market and creating employment; calls on the Commission to conduct a study on expected results of such investments in terms of job creation;
Amendment 45 #
2010/2277(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Welcomes the Commission's proposal to propose a directive introducing a common consolidated corporate tax base (CCCTB), and believes that such an instrument would further improve the single market by avoiding unfair tax competition among Member States and companies; is convinced that a CCCTB will boost especially SMEs competitiveness by reducing burdens arising from administrative complexity and by reducing high costs of compliance with the different national tax systems, thus reaching a fairer balance between taxing capital and taxing labour;
Amendment 46 #
2010/2277(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Welcomes the Commission's proposal to publish a VAT strategy; believes that better tax coordination between Member States is needed to avoid unfair tax competition and market distortions;
Amendment 47 #
2010/2277(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6 d. Regrets that the Commission has not planned to proceed against tax havens; urges the Commission to act decisively to create a regime of incentives and sanctions against tax evasion and illicit capital flight, which is hampering the European economy; reiterates the stance it took in February 2010 when adopting its report on Promoting Good Governance in Tax Matters;
Amendment 48 #
2010/2277(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6 e. Regrets that the Commission hast not included any reference to the introduction of a Financial Transaction tax as demanded by the European Parliament in October 2010;
Amendment 56 #
2010/2277(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses the importance of putting public procurement to better use in support of employment, social progress and innovation; urges the Commission to undertake initiatives to open up and facilitate access to public procurement for SMEs; urges the Commission to enhance the Community's capacity to ensure symmetry in access to public procurement; reiterates that all social and environmental standards to be respected in public procurement contracts.
Amendment 87 #
2010/2239(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that pensions and pension systems are and will continue to be a primary responsibility of the Member States;
Amendment 263 #
2010/2239(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Notes that working life should not only be prolonged at both ends, but also in the middle; stresses that employment and decent work are the best tools for prolonging careers;
Amendment 373 #
2010/2239(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes that in many Member States the importance of second-pillar pension provision has been recognised, and that it must also bethe EU can add value by providing coordination between the various schemes and encouraging Member States to ensured that such provision meets European conditions and criteria applicable to second-pillar provisa framework is in place which adequately protects pension plan members and guarantees access to pension information;
Amendment 446 #
2010/2239(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Considers that, w members of then pension provision is reublic must be promptly and fully informed, or when there is a changeover from a promisedf the consequences of a reform of pension to a promvised pension arrangemeion, particularly concerning the amount, or from a final salary to a mean salary system, the public must be promptly and fully informed of the consequencesf their own pension and the total number of years of pension contributions due;
Amendment 32 #
2010/2156(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that the creative sector boosts employment in the European Union and that the employment relationships of workers in the sector are atypical compared with those of wage earners;
Amendment 33 #
2010/2156(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls for account to be taken of the fact that a significant proportion of the work in the creative sector is performed without any employment relationship, either by self-employed workers or by small businessmen and women, which has a considerable influence on the job security and social security of workers in the sector;
Amendment 78 #
2010/2156(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission, in order to preserve jobs in the creative sector, to ensure that works are adequately protected against piracy; in view of the jobs already lost in the sector and the threats for the future, considers that adequate protection of non-material rights should be provided for workers, to preserve jobs in the sector in Europe;
Amendment 67 #
2010/2039(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights the need for concrete measures to effectively and significantly reduce poverty and social exclusion, ensuring a fair redistribution of income and wealth and also giving meaning and content to the European Year for Combating Poverty and to the achievement of the Millennium Development Goals, including guaranteeing an adequate minimum income throughout the European Union accordance with different practices, collective bargaining and national law in the member states;
Amendment 78 #
2010/2039(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the multidimensional nature of poverty and social exclusion, and highlights the social dimension and social sustainability of macroeconomic policies, as an integral part of the crisis exit strategy and economic and social cohesion, and the fact this implies changing the monetary priorities and policies, among others, of the Stability and Growth Pact, and also competition policies, internal market policies, and budgetary and fiscal policies;
Amendment 110 #
2010/2039(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the promotion of social integration and inclusion, in order to guarantee protection of fundamental human rights, and clear commitments to draw up EU and national policies to combat poverty and social exclusion, by ensuring universal access to public health services, vocational education and training, housing and social protection, in addition to employment with rights, fair wages, decent pensions and an adequate income for everyone in accordance with different practices, collective bargaining and national law in the member states;
Amendment 144 #
2010/2039(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that the various experiments with minimum incomes, accompanied by social integration measures, show that this is a further essential way of combating poverty and social exclusion; therefore calls on the European Commission to prepare an initiative supporting these experiments, taking into account best practices and ensuring an adequate minimum income throughout the European Unionin accordance with different practices, collective bargaining and national law in the member states as a means to prevent poverty and guarantee social justice and equal opportunities for all, without calling into question the specific situations in each Member State;
Amendment 41 #
2010/2018(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Endorses the European Parliament's report 2008/2034(INI) and once again calls on the Council to agree an EU target for minimum pay of at least 60% of indicative average pay and a timetable for meeting that target in all the Member StatesCalls for an ambitious long-term strategy against poverty with the aim of reducing inequalities and social exclusion with far-reaching targets for poverty reduction and in-work poverty; proposes in this regard an EU framework policy on minimum income schemes in accordance with subsidiarity, different practices, collective bargaining and national law in the member states, on the basis of European criteria scaled to reflect the standard of living in each Member State; calls also for a child allowance with above aim of reducing poverty, inequalities and social exclusion;
Amendment 26 #
2010/2009(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for state enterprises as well to display complete transparency concerning their pay and bonus policies;
Amendment 27 #
2010/2009(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls for companies’ pension and supplementary pension systems also to be published and for state enterprises as well to be required to publish this information;
Amendment 212 #
2010/0362(COD)
Proposal for a regulation - amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) 1234/2007
Article 126 a – paragraph 2 a (new)
Article 126 a – paragraph 2 a (new)
2a. By way of derogation from paragraph 2(c) (ii) and (iii), in Member States where total annual milk production is small and does not represent more than 2.5% of total EU production, negotiations may be conducted by the producer organisation provided that the total volume of raw milk included by a particular producer organisation in such negotiations does not exceed: – 75% of the total national production of any particular Member State, and – 75% of the total combined national production of all the Member States.
Amendment 38 #
2010/0209(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The Communication from the Commission entitled ‘Europe 2020: A strategy for smart, sustainable and inclusive growth7 sets the objective of the Union becoming an economy based on knowledge and innovation, reducing the administrative burden on companies and better matching labour supply with demand. Measures to make it easier for third-country managers, specialists or graduateprofessional trainees to enter the Union in the framework of an intra-corporate transfer should be seen in this broader context.
Amendment 52 #
2010/0209(COD)
Proposal for a directive
Recital 10
Recital 10
(10) For the purpose of this Directive, intra-corporate transferees encompass managers, specialists and graduateprofessional trainees with a higher education qualification. Their definition builds on specific commitments of the Union under the General Agreement on Trade in Services9 (GATS) and bilateral trade agreements. Those commitments undertaken under the General Agreement on Trade in Services do not cover conditions of entry, stay and work. Therefore, this Directive complements and facilitates the application of those commitments. However, the scope of the intra-corporate transfers covered by this Directive is broader than that implied by trade commitments, as the transfers do not necessarily take place within the services sector and may originate in a third country which is not party to a trade agreement.
Amendment 57 #
2010/0209(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to ensure that the skills of the intra-corporate transferee are specific to the host entity, Member States mayshould require the transferee to have been employed within the same group of undertakings for at least 12 months without interruption prior to the transfer.
Amendment 65 #
2010/0209(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Third-country nationals who apply to be admitted as graduateprofessional trainees should provide evidence of the higher education qualifications required, namely of any diploma, certificate or other evidence of formal qualifications attesting the successful completion of a post-secondary higher education programme of at least three years. In addition, they must present a training agreement, including a description of the training programme, its duration and the conditions in which the trainees will be supervised, proving that they will benefit from genuine training and not be used as normal workers.
Amendment 94 #
2010/0209(COD)
Proposal for a directive
Article 2 – paragraph 2 – point c a (new)
Article 2 – paragraph 2 – point c a (new)
(ca) activities in the field of building work listed in the Annex 3 of Directive 96/71/EC;
Amendment 113 #
2010/0209(COD)
Proposal for a directive
Article 3 – point f
Article 3 – point f
(f) ‘specialist’ means any person possessing uncommon knowledge essential and specific to the host entity, taking acwho is transferred for highly qualified employment, having higher professional qualifications, knowledge at an advanced level and count not only of knowledge specific to the host entity, but also of whetherinuous expertise and who possesses specific knowledge essential or relevant to the sperson has a high level of qualification referring to a type of work or trade requiring specific technical knowledgecific activities of the host entity;
Amendment 122 #
2010/0209(COD)
Proposal for a directive
Article 3 – point g
Article 3 – point g
(g) ‘graduateprofessional trainee’ means any person with a higher education qualification who is transferred to broaden his/her knowledge of and experience in a companyn undertaking in preparation for a managerial position within the company a view to entering into a permanent contract within the undertaking, and whose tasks in the undertaking are consistent with the higher education which that person has completed;
Amendment 129 #
2010/0209(COD)
Proposal for a directive
Article 3 – point g a (new)
Article 3 – point g a (new)
(ga) ‘highly qualified employment’ means the employment of a person who: – in the Member State concerned, is protected as an employee under national employment law and/or in accordance with national practice, irrespective of the legal relationship, for the purpose of exercising genuine and effective work for, or under the direction of, someone else, – is paid, and, – has the required adequate and specific competence, as proven by higher professional qualifications;
Amendment 132 #
2010/0209(COD)
Proposal for a directive
Article 3 – point g b (new)
Article 3 – point g b (new)
(gb) ‘higher professional qualifications’ means qualifications attested by evidence of higher education qualifications or, by way of derogation, when provided for by national law, attested by at least five years of professional experience of a level comparable to higher education qualifications and which is relevant in the profession or sector specified in the work contract or binding job offer;
Amendment 133 #
2010/0209(COD)
Proposal for a directive
Article 3 – point g c (new)
Article 3 – point g c (new)
(gc) ‘professional experience’ means the actual and lawful pursuit of the profession concerned;
Amendment 148 #
2010/0209(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) provide evidence of an employment contract within the same group of undertakings, for at least 12 months without interruption immediately preceding the date of the intra-corporate transfer, if required by national legislation, and that he or she will be able to transfer back to an entity belonging to that group of undertakings and established in a third country at the end of the assignment and after the transfer;
Amendment 152 #
2010/0209(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) Provide evidence that the undertaking he or she is transferred to actually has a genuine activity and was not created with the single aim of transferring third-country nationals.
Amendment 153 #
2010/0209(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c – point ii
Article 5 – paragraph 1 – point c – point ii
(ii) evidence that he or she is taking a position as a manager, specialist or graduateprofessional trainee in the host entity or entities in the Member State concerned;
Amendment 156 #
2010/0209(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c – point iii
Article 5 – paragraph 1 – point c – point iii
(iii) the remuneration granted and all other relevant working and employment conditions applicable during the transfer;
Amendment 162 #
2010/0209(COD)
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) provide evidence that he or she has the professional qualifications needed in the Member State to which he or she has been admitted for the position of manager or specialist or, for graduateprofessional trainees, the higher education qualifications required;
Amendment 183 #
2010/0209(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. In addition to the evidence stipulated in paragraphs 1 and 2, any third-country national who applies to be admitted as a graduateprofessional trainee shall present a training agreement, including a description of the training programme, its duration and the conditions under which the applicant is supervised during the programme.
Amendment 190 #
2010/0209(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall reject an application if the employer or the host entity has been sanctioned in conformity with national law for undeclared work and/or illegal employment, illegal employment and/or non- observance of obligations of an employer by the national labour and social regulation.
Amendment 204 #
2010/0209(COD)
Proposal for a directive
Article 8
Article 8
Member States may hold the host entity responsible and provide for penalties for failure to comply with the conditions of admission and the obligations arising out of the work contract. Those penalties shall be effective, proportionate and dissuasive.
Amendment 222 #
2010/0209(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The period of validity of the intra- corporate transferee permit shall be at least one year or the duration of the transfer to the territory of the Member State concerned, whichever is shorter, and may be extended to a maximum of three years for managers and specialists and one year for graduateprofessional trainees.
Amendment 275 #
2010/0209(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The maximum duration of the transfer to the European Union shall not exceed three years for managers and specialists and one year for graduateprofessional trainees.
Amendment 279 #
2010/0209(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall communicate to the Commission statistics on the number of residence permits issued for the first time or renewed and, as far as possible, on the number of residence permits withdrawn for the purpose of intra-corporate transfer to persons who are third-country nationals, disaggregated by citizenship, age and sex, by transferee position (manager, specialist and graduateprofessional trainee), by length of validity of the permit and by economic sector.
Amendment 1 #
2009/2214(INI)
Motion for a resolution
Citation 6
Citation 6
– having regard to the Treaty on European Union, the Treaty on the Functioning of the European Union and in particular to Part Four thereof and to the European Economic Area (EEA) Agreement,
Amendment 3 #
2009/2214(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to the Declaration on the Cooperation in the Barents Euro-Arctic Region, signed in Kirkenes on 11 January 1993,
Amendment 4 #
2009/2214(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to the Resolution of the European Parliament of 9 October 2008 on Arctic governance1 1 OJ C 9 E, 15.1.2010, p. 41.
Amendment 26 #
2009/2214(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas there is a high global interest also in other Arctic renewable and non- renewable resources such as minerals, forests, fish and pristine landscape for tourism,
Amendment 31 #
2009/2214(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the effects of climate change mainly originating from outside the Arctic will impact the region; whereas in particular the retreat of the sea ice is likely to produce major effects, suchunforeseeable environmental effects and repercussions in other parts of the planet as well as an increase in shipping in particular between Europe, Asia and North America, in exploration and exploitation of natural resources, namely gas, oil and other minerals but also natural resources such as fish, and exploitation of marine genetic resources, increased mining and logging activities and increased tourism and research activities; whereas those effects will produce new challenges but also new opportunities in the Arctic and elsewhere,
Amendment 35 #
2009/2214(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas climate change is managed by monitoring, mitigation and adaptation methods; whereas the promotion of sustainable development in using natural resources and in building new infrastructures is managed by strategic planning processes,
Amendment 37 #
2009/2214(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that three EU Member States, Denmark, Finland and Sweden, are Arctic States,; acknowledges that the EU has no Arctic Ocean coastline, but it has large Arctic land areas in Finland and Sweden that are inhabited by the only indigenous peoples group of Europe, the Sami; reaffirms the legitimate interest of the EU as a stakeholder by virtue of its rights and obligations under international law, its commitment to environmental, climate and other policies and its funding, research activities and economic interests, including shipping;
Amendment 42 #
2009/2214(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that certain policies that are relevant to the Arctic are exclusive EUnion competences, such as the conservation of marine biological resources under the common fisheries policy, others partly shared with Member States;
Amendment 44 #
2009/2214(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Conscious of the need to protect the fragile environment of the Arctic, underlines the importance of overall stability and peace in the region; stresses that the EU should pursue policies that ensure the compatibility of the environmental agenda and the interests of the inhabitants of the Arctic region, including its indigenous peoples, in protecting and developing the region; stresses the similarity in approach, analysis and priorities between the Commission Communication and policy documents in the Arctic States; stresses the need to engage in policies that respect the interest in sustainable management and use of the land based and marine, non-renewable and renewable natural resources of the Arctic region, which in turn provide important resources for Europe and are a major source of income to the inhabitants of the region;
Amendment 48 #
2009/2214(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasizes the importance of interacting with Arctic communities and supporting capacity building programs in order to improve the life quality of indigenous and local communities in the region, and gain more understanding of the living conditions and cultures of these communities; asks the EU to promote a stronger dialogue with the indigenous peoples and the Arctic local inhabitants;
Amendment 51 #
2009/2214(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the major importance of the safety and security of new world trade routes through the sea in the Arctic in particular for the EU and its Member States‘’ economies, these countries controlling 40% of world commercial shipping; welcomes the work in the International Maritime Organisation (IMO) on a mandatory Polar Code for shipping and the work in the Working Groups of the AC, particularly the Taskforce on Search and Rescue (SAR); underlines that the EU and its Member States should actively uphold the freedom of the seas and the right to free passage through international waterways;
Amendment 52 #
2009/2214(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the importance of developing new railroad and transport corridors in the Barents Euro-Arctic Transport Area (Beata) to facilitate the growing need for international trade, mining and other economical development, as well as aviation connections in the High North; draws attention in this regard to the new Northern Dimension Partnership on Transport and Logistics;
Amendment 61 #
2009/2214(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is conscious of the need for resources for a growing world population and recognises the increase in interest in them as well as the sovereign rights under international law of the Arctic States; recommends any party involved to take steps to ensure the highest possible safety, social and environmental standards in exploration and exploitation of the natural resources; highlights that the Environmental Impact Assessment (EIA) as well as strategic and social impact assessment processes will be central tools in the Arctic management concerning concrete projects and programs in the Arctic; draws attention to the EU's Directive 2001/42/EC on Strategic Environmental Assessment (SEA) and to the fact that Finland, Sweden and Norway have ratified the UNECE Convention on EIA in a Transboundary Context (Espoo Convention) that will give a good basis for the active promotion of impact assessment procedures in the Arctic; refers in this regard also to the Bergen Statement issued by the Ministerial Meeting of the OSPAR Commission of 23 and 24 September 2010;
Amendment 66 #
2009/2214(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the new delimitation agreement4 between Norway and Russia, in particular the will to engage in closer cooperation and the envisaged joint sustainable management of resources, particularly fish stocks, between the two countries in the Barents Sea, including in terms of sustainability; regards in particular the bilateral cooperation between Norway and Russia as a show case of joint application of the highest available technical standards in the field of environmental protection while prospecting for oil and gas in the Barents Sea;
Amendment 72 #
2009/2214(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls the position of the EU as a main consumer of Arctic natural resources, as well as the involvement of European industry and economic operators; requests the Commission to further engage in fostering cooperation and technology transfer to ensure the highest standards and adequate administrative procedures, to establish a sound scientific basis of future trends and governance needs for Arctic resources, such as fisheries, mining, forestry, tourism and to make full use of the EU competences to regulate in this regard; reminds that mining, forestry and other economic and industrial developments in the Arctic will increase and therefore, calls upon the EU to promote the principles of sustainable development in these activities, to advance local employment and to ensure the equitable distribution of revenues;
Amendment 88 #
2009/2214(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses the important role the EU has to play in the reduction of pollution which entersin the Arctic region throughcaused by long- range transport; highlights in this respect the importance of the implementation of European legislation such as Regulation (EC) No 1907/20065 ; points out that the climatic changes in the Arctic will have a major impact on coastal regions in Europe and elsewhere and on climate-dependent industriesectors in Europe such as agriculture and fisheries, renewable energy, fisheriesreindeer herding, hunting, tourism and transport;
Amendment 95 #
2009/2214(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recognises that the effects of the melting ice and milder temperatures are also creating opportunities for economic development in the Arctic region; acknowledges the wish of the inhabitants of the Arctic to continue to pursue sustainable economic development while at the same time protecting the very sensitive nature of the Arctic ecosystems, taking into account their experience in using and developing the resources of the region in a sustainable way; encourages to apply the ecosystem-based management to consolidate ecological scientific knowledge with social values and need;
Amendment 105 #
2009/2214(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes the special position and recognises the rights of the indigenous peoples of the Arctic and points in particular to the legal and political situation of the indigenous peoples in the Arctic States; reminds all the EU institutions to take socio-economic and cultural factors into account in their policy making processes, seeking an open dialogue with the communities concerned; calls on the EU to take into account the special needs of sparsely populated peripheral areas in terms of regional development, livelihoods and education in order to ensure that the new economical and industrial development happens in a sustainable way;
Amendment 125 #
2009/2214(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recognises the important role of the AC as the foremost regional body for cooperation for the whole Arctic region; acknowledges the concrete work done in the Working Groups of the AC with the involvement of the observers and asks the Commission and EU agencies to continue to actively engage in all relevant Working Groups whenever possible; encourages to strengthen the legal and economic base of the AC;
Amendment 137 #
2009/2214(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. ISupports the efforts to establish a permanent secretariat for the Arctic Council and is of the opinion that a strengthened AC should both play a leading role in international cooperation on the Arctic and be sure to include relevant active non-Arctic players and stakeholders; wishes the AC to maintain its open and inclusive approach and thus to remain open to all stakeholders; encourages the Commission to do its utmost to strengthen the Arctic Council through all the means available; maintains that a strengthened AC status as a key cooperative forum of and for international cooperation would be the best place to safeguard the inclusion of the expertise and know-how of the indigenous and local peoples and the protection of their interests, rights and status;
Amendment 140 #
2009/2214(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Is of the opinion that the Northern Dimension should be further developed in conjunction with and as a tool for the EU Arctic policy and in particular, emphasises in this regard the new Northern Dimension Partnership on Transport and Logistics and its benefits for cooperation in the Arctic;
Amendment 153 #
2009/2214(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines the fact that the EU and its Member States are the main contributors to Arctic-relevant research, regional cooperation and the development of technology relevant to the region and beyond, and requests the Commission to examine the possibilities of developing circumpolar co-funding and co- programming initiatives to enable smoother and more effective cooperation between experts from the nationcountries involved; requests the EU to promote co- operation activities with USA, Canada and Russia in the field of multidisciplinary research of the Arctic establishing thereby co-ordinated funding mechanisms;
Amendment 156 #
2009/2214(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Is of the opinion that the EU should develop further its capacities and calls on the Commission to explore and report on the establishment oras well as on the continuation of EU activities in the Arctic such as a circumpolar joint multilateral research funding programme providing for easier and less bureaucratic cooperation, and joint projects of the research community, and an EU Arctic Information Centre that; requests the Commission to proceed as a key priority on the establishment of an EU Arctic Information Centre as a joint, networked undertaking, keeping in mind the Finnish proposal of setting up the hub of the Centre at the Arctic Centre of the University of Lapland, based on the Commission Arctic Communication and Council Arctic Conclusions, and that the EU Arctic Information Centre should be capable of organising permanent EU outreach to the major actors and stakeholders in the Arctic and globally, as well as of channelling information and services on the Arctic towards the EuropeanU's Institutions; and stakeholders;
Amendment 34 #
2008/0195(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Nevertheless, it is desirable that Member States continue to alert self- employed drivers of the adverse effects on health and safety as well as of negative impacts on road safety caused by excessively long working hours, inadequate rest or disruptive working patterns. If the rules on driving hours and rest periods laid down in Regulation (EC) No 561/2006 are violated to such an extent that there is a reason to believe that other working patterns of the self- employed driver could also have an adverse effect on road safety, Member States should take appropriate action to investigate the working patterns of that driver and, where appropriate, impose sanctions under national law.
Amendment 36 #
2008/0195(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Since loading and unloading form a part of the driver's work that can contribute to fatigue, consideration should be given to including those activities as an integral part of driving time. To this end, the Commission should, in the interest of enforcement, be encouraged to study the feasibility of automatic recording of the time used for loading and unloading by means of a digital tachograph.
Amendment 56 #
2008/0195(COD)
Proposal for a directive
Article 1 – point 1 – subpoint a
Article 1 – point 1 – subpoint a
Directive 2002/15/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Theis Directive shall apply to mobile workers, as defined in Article 3 (d) of this Directive, employed by undertakings established in a Member State, participating in road transport activities covered by Regulation EC No 561/2006 or, failing that, by the AETR Agreement. This Directive shall also apply to mobile workers as defined in the second sentence of Article 3(d). For the purpose of this Directive, any person performing mobile road transport activities shall be considered as a mobile worker within the meaning of Article 3(d) unless that person establishes that none of the indicators referred to in Article 3(d) second subparagraph, points i, ii, iii, iv and v applies to that person's individual situation.
Amendment 73 #
2008/0195(COD)
Proposal for a directive
Article 1 – point 2 – subpoint b
Article 1 – point 2 – subpoint b
Directive 2002/15/EC
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
"'mobile worker' shall also include any person who is not tied to an employer by an employment contract or by any other type of working hierarchical relationship, but: i. who does not have the freedom to organise the relevant working activities; ii. whose income does not depend directly on the profits made; iii. who does not have the freedom, individually or through a cooperation between self-employed drivers, to have relations with several customers for whom one of the following indicators apply: i. who is subordinated to a user undertaking: does not have the freedom to organise his working place and time and the relevant working activities or has to submit to orders and instructions of another party in the performance of work; ii. whose income does not depend directly on the profits made, and who is economically, financially and socially dependent on the work done for and by an undertaking that belongs to someone else; who receives the following: periodic payment of remuneration and such remuneration constitutes the worker's sole or principal source of income; payment in kind, such as food, lodging or transport; recognition of entitlements such as weekly rest and annual holidays; payment by the party requesting the work for travel undertaken by the worker in order to carry out the work; iii. who does not have the freedom, individually or through a cooperation between self-employed drivers, to have relations with several customers; iiia. whose work is very similar to previous work executed for the same contractor; iiib. whose work involves the provision of tools, materials and machinery by the party requesting the work; iiic. who does not dispose of the vehicle used, either through ownership or through leases / lease; To justify a genuine self-employed status, the burden of proof shall in all cases fall upon the self-employed worker."
Amendment 86 #
2008/0195(COD)
Proposal for a directive
Article 1 – point 2 – subpoint e
Article 1 – point 2 – subpoint e
Directive2002/15/EC
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(e) point (i) is replaced by the following: "“(i) '‘night work'’ shall mean work during a period of work which includes at least twoone hours of work performed during night time."”
Amendment 99 #
2008/0195(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2002/15/EC
Article 11 a – paragraph 1
Article 11 a – paragraph 1
1. Member States shall organise a system of appropriate and regular monitoring and controls in order to guarantee the correct and consistent implementation of the rules contained in this Directive. They shallIn addition to that, if the rules on driving hours and rest periods laid down in Regulation (EC) No 561/2006 are violated to such an extent that the rules on working time are likewise violated, Member States shall monitor and enforce the rules on working time. They shall furthermore ensure that the national bodies responsible for enforcement of the Directive have an adequate number of qualified inspectors and shall take whatever measures are appropriate.