Activities of Tiziano MOTTI

Proposal for a regulation
Article 5 – paragraph 6

6. The eCall in-vehicle system shall be accessible to all independent operators free of charge and without discrimination ~~at least for repair and maintenance purpos~~, on the basis of consumer demand for additional and optional services.

2013/11/15
Committee: IMCO

2013/0165(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1

In accordance with Directive 95/46/EC and Directive 2002/58/EC, manufacturers shall ensure that vehicles equipped with eCall in-vehicle system are not traceable and are not subject to any constant tracking in their normal operational status related to the eCall. Additional and optional services may be based on constant tracking via the eCall system where the consumer consents to this.

2013/11/15
Committee: IMCO

2012/2133(INI)

Motion for a resolution
Paragraph 10

10. Highlights the need to provide better protection of the rights of vulnerable consumer groups such as children and the elderly, particularly with regard to transport and the use of IT tools;

2013/01/25
Committee: IMCO

2012/2133(INI)

Motion for a resolution
Paragraph 15

15. Emphasises that redress mechanisms, such as alternative dispute resolution (ADR), collective dispute resolution or online dispute resolution, must be fast, accessible, convenient and effective; stresses that ADR procedures should be resolved within a maximum of 90 days, and that unemployed consumers should, either individually or through a consumer association, have access to free income;

2013/01/25
Committee: IMCO

2012/2068(INI)

Motion for a resolution
Citation 12 bis (new)

- having regard to European Parliament Written Declaration No 29/2010, approved by an absolute majority on 23 June 2010, on the setting up of a ‘European early warning system (EWS) for paedophiles and sex offenders’,

2012/05/10
Committee: CULT

2012/2068(INI)

Motion for a resolution
Recital H

H. whereas the fact that personal information and data with regard to minors remain online can imply the illegal processing thereof, even for commercial purposes, as well as harm to their personal dignity, thus compromising their identity and social inclusion;

2012/05/10
Committee: CULT

2012/2068(INI)

Motion for a resolution
Paragraph 2 bis (new)

2a. Invites the European Commission to follow up effectively on Written Declaration No 29, approved by an absolute majority of MEPs, in which Parliament requested, among other things, the creation of a European early warning system for paedophiles and sexual offenders;

2012/05/10
Committee: CULT

2012/2068(INI)

Motion for a resolution
Paragraph 11

11. Invites the Commission and the Member States to strengthen cooperation with the police to protect minors against online crimes ~~as well as to coordinate hotlines~~, to immediately identify online predators of children, as well as to coordinate hotlines and the European early warning system, and to make agreements with Internet services suppliers to this end;

2012/05/10
Committee: CULT

2012/2042(INI)

Motion for a resolution
Paragraph 29

29. Considers that the way out of the economic crisis can only be paved by entrepreneurship and SME growth; underlines the importance of ~~address~~encouraging the entrepreneurial potential of young people, women and migrants;

2012/05/15
Committee: ITRE

2012/2042(INI)

Motion for a resolution
Paragraph 32

32. Calls on the Commission and Member States to adopt specific measures to promote social entrepreneurship in Europe, in particular through improving access to public and private finance, reducing salary discrimination between the genders, promoting measures for balancing work and family life and improving the mobility and recognition of skilled workers;

2012/05/15
Committee: ITRE

2012/0309(COD)

Mário DAVID, Antonio CANCIAN, Timothy KIRKHOPE, Timothy Charles Ayrton TANNOCK, Krzysztof LISEK, Roberta METSOLA, Tunne KELAM, Georgios PAPANIKOLAOU, Paulo RANGEL, Niccolò RINALDI, Antonyia PARVANOVA, Ismail ERTUG, Nuno TEIXEIRA, Nirj DEVA, Salvador SEDÓ i ALABART, Arnaud DANJEAN, Adrian SEVERIN, Ivo VAJGL, Filip KACZMAREK, Elena Oana ANTONESCU, Monica MACOVEI, Dimitrios DROUTSAS, David CASA, Antonio LÓPEZ-ISTÚRIZ WHITE, Emilio MENÉNDEZ del VALLE, Anne DELVAUX, Paul RÜBIG, Inese VAIDERE, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Andrey KOVATCHEV, Eduard KUKAN, Kristiina OJULAND, Paweł Robert KOWAL, Ioan Mircea PAŞCU, Cristian Dan PREDA, Seán KELLY, Antigoni PAPADOPOULOU, Rodi KRATSA-TSAGAROPOULOU, Kinga GÁL, Alejo VIDAL-QUADRAS, Burkhard BALZ, Oldřich VLASÁK, Ramona Nicole MĂNESCU, Davor Ivo STIER, Norica NICOLAI, José Manuel FERNANDES, Hans-Peter MAYER, Anna IBRISAGIC, Petru Constantin LUHAN, Svetoslav Hristov MALINOV, Bogusław SONIK, Jacek PROTASIEWICZ, Tiziano MOTTI, Kyriacos TRIANTAPHYLLIDES, Bogusław LIBERADZKI, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA, Diogo FEIO

Proposal for a regulation
Recital 3

(3) Exemption from the visa requirement for nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu should not come into force until bilateral agreements on visa waiver between the Union and the countries concerned have been concluded in order to ensure full reciprocity.

2013/07/12
Committee: LIBE

2012/0309(COD)

Mário DAVID, Antonio CANCIAN, Timothy KIRKHOPE, Timothy Charles Ayrton TANNOCK, Krzysztof LISEK, Roberta METSOLA, Tunne KELAM, Georgios PAPANIKOLAOU, Paulo RANGEL, Niccolò RINALDI, Antonyia PARVANOVA, Ismail ERTUG, Nuno TEIXEIRA, Nirj DEVA, Salvador SEDÓ i ALABART, Arnaud DANJEAN, Adrian SEVERIN, Ivo VAJGL, Filip KACZMAREK, Elena Oana ANTONESCU, Monica MACOVEI, Dimitrios DROUTSAS, David CASA, Antonio LÓPEZ-ISTÚRIZ WHITE, Emilio MENÉNDEZ del VALLE, Anne DELVAUX, Paul RÜBIG, Inese VAIDERE, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Andrey KOVATCHEV, Eduard KUKAN, Kristiina OJULAND, Paweł Robert KOWAL, Ioan Mircea PAŞCU, Cristian Dan PREDA, Seán KELLY, Antigoni PAPADOPOULOU, Rodi KRATSA-TSAGAROPOULOU, Kinga GÁL, Alejo VIDAL-QUADRAS, Burkhard BALZ, Oldřich VLASÁK, Ramona Nicole MĂNESCU, Davor Ivo STIER, Norica NICOLAI, José Manuel FERNANDES, Hans-Peter MAYER, Anna IBRISAGIC, Petru Constantin LUHAN, Svetoslav Hristov MALINOV, Jacek PROTASIEWICZ, Tiziano MOTTI, Kyriacos TRIANTAPHYLLIDES, Bogusław LIBERADZKI, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA, Diogo FEIO, Bogusław SONIK

Proposal for a regulation
Article 1 – point 1 – point a

(a) in point 1, the references to Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu are deleted and a reference to South-Sudan is inserted;

2013/07/12
Committee: LIBE

2012/0309(COD)

Mário DAVID, Antonio CANCIAN, Timothy KIRKHOPE, Timothy Charles Ayrton TANNOCK, Krzysztof LISEK, Roberta METSOLA, Tunne KELAM, Georgios PAPANIKOLAOU, Paulo RANGEL, Niccolò RINALDI, Antonyia PARVANOVA, Ismail ERTUG, Nuno TEIXEIRA, Nirj DEVA, Salvador SEDÓ i ALABART, Arnaud DANJEAN, Adrian SEVERIN, Ivo VAJGL, Filip KACZMAREK, Elena Oana ANTONESCU, Monica MACOVEI, Dimitrios DROUTSAS, David CASA, Antonio LÓPEZ-ISTÚRIZ WHITE, Emilio MENÉNDEZ del VALLE, Anne DELVAUX, Paul RÜBIG, Inese VAIDERE, Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Andrey KOVATCHEV, Eduard KUKAN, Kristiina OJULAND, Paweł Robert KOWAL, Ioan Mircea PAŞCU, Cristian Dan PREDA, Seán KELLY, Antigoni PAPADOPOULOU, Rodi KRATSA-TSAGAROPOULOU, Kinga GÁL, Alejo VIDAL-QUADRAS, Burkhard BALZ, Oldřich VLASÁK, Ramona Nicole MĂNESCU, Davor Ivo STIER, Norica NICOLAI, José Manuel FERNANDES, Hans-Peter MAYER, Anna IBRISAGIC, Petru Constantin LUHAN, Svetoslav Hristov MALINOV, Bogusław SONIK, Jacek PROTASIEWICZ, Tiziano MOTTI, Kyriacos TRIANTAPHYLLIDES, Bogusław LIBERADZKI, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA, Diogo FEIO

Proposal for a regulation
Article 1 – point 2 – point a – two last references

"Tuvalu*", "United Arab Emirates*" and "Vanuatu*"

2013/07/12
Committee: LIBE

2012/0180(COD)

Proposal for a directive
Article 5 – paragraph 3

3. Rightholders shall have the right to terminate the authorisation to manage rights, categories of rights or types of works and other subject matter granted to a collecting society or to withdraw from a collecting society any of the rights or categories of rights or types of works and other subject matter of their choice, for the Member States of their choice, upon serving reasonable notice not exceeding six months. The collecting society may decide that such termination or withdrawal will take effect only at the middle ~~and~~or at the end of the financial year~~, whichever is sooner after the expiry of the notice period~~.

2013/06/06
Committee: JURI

2012/0180(COD)

Proposal for a directive
Article 7 – paragraph 8

8. Every member of a collecting society shall have the right to appoint any other natural or legal person ~~as a proxy holder to attend and vote at the general meeting in his name~~who is a member or a shareholder as the case may be of the collecting society as a proxy holder to attend and vote at the general meeting in his name. Member States may limit the number of mandates given to another member or shareholder.

2013/06/06
Committee: JURI

2012/0180(COD)

Proposal for a directive
Article 12 – paragraph 2

2. Where the amounts due to rightholders cannot be distributed, after five years from the end of the financial year in which the collection of the rights revenue occurred, and provided that the collecting society has taken all necessary measures to identify and locate the rightholders, the collecting society shall decide on the use of the amounts concerned in accordance with Article 7(5)(b), ~~without prejudice to the right of the rightholder to claim such amounts from the collecting society~~provided that the collecting society ensures that the revenue is distributed in proportion to the revenues received by rightholders for the relevant financial year. Collecting societies may distribute amounts due to rightholders who cannot be identified before expiration of the five years period if allowed under national law. Where, under national law, the prescription period is longer than five years, collecting societies shall make adequate provisions for future claims.

2013/06/06
Committee: JURI

2012/0180(COD)

Proposal for a directive
Article 16 – title

Information provided to rightholders on the management of their rights on request

2013/06/06
Committee: JURI

2012/0180(COD)

Proposal for a directive
Article 16 – paragraph 1 – introductory part

Member States shall ensure that a collecting society makes available at least once a year, subject to applicable rules on data protection, by electronic means, the following information to each rightholder it represents:

2013/06/06
Committee: JURI

2012/0180(COD)

Proposal for a directive
Article 18 – paragraph 1 – introductory part

1. Member States shall ensure that a collecting society makes the following information available at the request of any rightholder whose rights it represents, any collecting society on whose behalf it manages rights under a representation agreement or any user who has a real and direct commercial interest in the information requested, by electronic means, without undue delay:

2013/06/06
Committee: JURI

2011/2289(INI)

Motion for a resolution
Paragraph 3

3. Urges Eurostat to propose to the European Parliament, the Council and the Commission proposals for legislation aimed ato reviseing the European Statistics Code of Practice, with a view to distinguishing clearly between the responsibilities and competences of national statisticals agencies and those of Member State governments;

2012/01/19
Committee: ECON

2011/2257(REG)

Proposal for a decision
Recital A

A. Parliament aspires to the highest standards of democratic accountability and transparency, of communication with citizens and of active participation, especially in its legislative work,

2012/02/29
Committee: AFCO

2011/2182(INI)

Motion for a resolution
Paragraph 6

6. While recognising the right to information as one of the cornerstones of democracy, considers that greater access to information on investigations and infringement files could be provided by the Commission without jeopardising the purpose of the investigations and that an overriding public interest might well justify access to these files, particularly in cases where fundamental rights, human or animal health and the protection of the environment against irreversible damage may be at stake;

2012/01/20
Committee: PETI

2011/2182(INI)

Motion for a resolution
Paragraph 10

10. Calls on the Commission to pay more attention and respond more precisely to the numerous petitions received on the mutual recognition of civil-status documents and of their effects1 and therefore highlights the importance of making progress as quickly as possible towards ensuring the mutual recognition of the status of same-sex ~~marriages and same-sex~~ and different-sex recognised partnerships across the EU and overcoming discrimination on the grounds of sexual orientation or type of relationship (civil partnership or marriage); calls on the Commission, further, to put forward appropriate legislative proposals as a matter of urgency; calls on the Commission and Member States to use financial and social assistance to encourage family units to be formed and to facilitate in the support of their children, particularly for large families.

2012/01/20
Committee: PETI

2011/2182(INI)

Motion for a resolution
Paragraph 11

11. Highlights the fact that mass expulsions represent a breach of the FMD, in addition to contravening the basic values and principles underpinning the European Union; recalls that, under the FMD, restrictions on freedom of movement and residence on grounds of public policy or public security can be imposed exclusively on the basis of personal conduct, without any discrimination on grounds such as ethnic or national origin, and that lack of economic means cannot be used as the justification for the automatic expulsion of EU citizens (Recital 16, Article 14); regards a study into trends for migratory flows of workers in European Union countries as important, however.

2012/01/20
Committee: PETI

2011/2182(INI)

Motion for a resolution
Paragraph 12

12. Urges Member States to abolish policies that discriminate, either directly or indirectly, against the Roma and other minority groups on the grounds of race and ethnicity, and calls on them to stop all instances of persecution, eviction and expulsion; calls on all Member States and the EU to take joint responsibility for promoting the integration of Roma, giving them the same rights and obligations as other European citizens, in keeping with the European Parliament resolution of 9 March 2011 on the EU strategy on Roma inclusion1 and ‘An EU Framework for National Roma Integration Strategies up to 2020’2, and to promote and protect their fundamental rights;

2012/01/20
Committee: PETI

2011/2149(INI)

Motion for a resolution
Paragraph 5

5. Points out that, given the enormous increase in e-commerce, consumers’ confidence in cross-border online purchasing arrangements needs to be increased by guaranteeing t~~heir rights~~imely protection of their rights, in their own language, on the internet as well;

2011/09/30
Committee: IMCO

2011/2149(INI)

Motion for a resolution
Paragraph 8

8. ~~Deplores~~Calls for a greater commitment to stemming the ever increasing information overload on the internet as regards contract terms and conditions; 41

2011/09/30
Committee: IMCO

2011/2149(INI)

Motion for a resolution
Paragraph 26

26. Calls for more accessible and more effective redress mechanisms, such as alternative dispute resolution~~, collectiv~~ and online dispute resolution, to empower consumers throughout the EU; Welcomes the spread of mediation and the trust placed in it by the public in some Member States, since rmed~~ress or online dispute resolution, to empower consumers throughout the EU~~iation can relieve the pressure on courts and enhance consumer rights by upholding these in a timely manner; Expresses regret that some Member States, such as the Czech Republic, Austria, Finland and Sweden are yet to implement Directive 2008/52/EC of the European Parliament and of the Council on certain aspects of mediation in civil and commercial matters, which is hampering completion of the Single Market from the standpoint of access to means of dispute resolution;

2011/09/30
Committee: IMCO

2011/2088(INI)

Draft opinion
Paragraph 5 a (new)

5a. Believes that in a lifelong learning context, the role of the family should be considered to be as vital as that of teachers;

2011/06/09
Committee: EMPL

2011/2088(INI)

Draft opinion
Paragraph 6 a (new)

6a. Notes that all children have equal dignity from the point of view of learning and have the right to a basic education;

2011/06/09
Committee: EMPL

2011/2084(INI)

Motion for a resolution
Recital H

H. whereas gambling represents a considerable source of revenue for the Member States, for publicly beneficial and charitable purposes and for the funding of sport; whereas, however, the need to maintain the flow of such revenue is not a valid reason for placing restrictions on the provision of gambling services,

2011/09/08
Committee: IMCO

2011/2084(INI)

Motion for a resolution
Paragraph 6

6. ~~Respects the decision by a n~~Takes the view that an outright ban on Internet gambling is not the right solution and that it would be better to take a consumber ~~of Member States to ban Inter~~-conscious approach, backed up, if necessary, by an information campaign on the advantages and drawbacks of on-linet gambling ~~totally~~; is opposed to government monopolies over on-line gambling~~, however~~;

2011/09/08
Committee: IMCO

2011/2072(INI)

Motion for a resolution
Paragraph 5

5. Supports the Commission’s desire to level up minimum standards within the EU, in cooperation with the Member States; believes that safety and environmental concerns should be embedded in all legislation;

2011/05/13
Committee: ITRE

2011/2067(INI)

Motion for a resolution
Paragraph 7 a (new)

7a. Considers it advisable to promote an environment conducive to teleworking wherever such arrangements can foster an appropriate work-life balance;

2011/06/09
Committee: EMPL

2011/2067(INI)

Motion for a resolution
Paragraph 15

15. Calls on the Member States and the Commission to stimulate creation of small and medium-sized enterprises, to provide them with a favourable regulatory ~~friendly~~and fiscal environment and to improve their access to finance; recalls that 85% of jobs in the EU are provided by SMEs; urges all relevant stakeholders to remove barriers to business creation and its free movement;

2011/06/09
Committee: EMPL

2011/2048(INI)

Draft opinion
Paragraph 1 a (new)

1a. Stresses that in a competition-based single market it is necessary to exclude the possibility of accepting as public law entities companies that are listed on the stock exchange and/or companies controlled by or linked to such companies, since they fail to meet the requirement regarding non-industrial/non-commercial character which a public law entity has to satisfy;

2011/06/16
Committee: ITRE

2011/2048(INI)

Draft opinion
Paragraph 2 – subparagraph 1 (new)

Believes that future EU legislation on public contracts must take account of the key role played by companies providing services of general economic interest, in line with the spirit of Article 14 TFEU and Protocol 26 to the Treaty of Lisbon, and considers that introducing overdemanding requirements could endanger the freedom of the awarding authorities to organise such services;

2011/06/16
Committee: ITRE

2011/2048(INI)

Tiziano MOTTI, Matteo SALVINI

Draft opinion
Paragraph 4 a (new)

4a. Recognises that rules on public contracts for public utility services are no longer necessary in sectors which have been completely liberated, such as postal services, where the competitive pressure arising from the elimination of all special or exclusive rights ensures the necessary transparency and non-discrimination in contracts for that activity; considers that in sectors fully open to competition, to apply the rules on public contracts on the basis of the legal status (public or private) of the provider could lead to unjustified disparities in treatment as between public and private undertakings;

2011/06/16
Committee: ITRE

2011/2048(INI)

Motion for a resolution
Paragraph 14 a (new)

14a. Points out that the constraints imposed on contracting entities are no longer justified in sectors where there are no more special or exclusive rights, which are fully open to competition and to which access is no longer restricted; urges the Commission to review the scope of the Utilities Directive and adapt it to the changing patterns of regulation and competition in the relevant markets;

2011/07/26
Committee: IMCO

2011/2029(INI)

Motion for a resolution
Recital B

B. whereas correct application of the principles of subsidiarity and proportionality is essential for the proper functioning of the European Union and to enable its institutions’ activities to meet the expectations of its citizens, as consumers, companies operating in the internal market, as producers, and national and local governments, as regulatory bodies, and to ensure that decisions are taken as closely as possible to the citizen,

2011/06/01
Committee: JURI

2011/2029(INI)

Motion for a resolution
Paragraph 1

1. Stresses the vital importance of making simple ~~and~~, clear laws that are accessible and easily understood and practicable;

2011/06/01
Committee: JURI

2011/2029(INI)

Motion for a resolution
Paragraph 17

17. Urges the Commission when formulating new legislation to place the utmost importance on the possible impact on small and medium-sized enterprises; calls on the Commission to seek to exempt SMEs from regulation where provisions would disproportionately affect them ~~and~~or undermine their distinctive European productive characteristics such as, for example, in the field of craft industries, and where there is no robust reason for including them in the scope of the legislation; strongly considers that such mitigation provisions can have a positive effect on the implementation and usability of regulation, particularly for small and micro-sized enterprises;

2011/06/01
Committee: JURI

2011/2024(INI)

Motion for a resolution
Paragraph 12

12. Calls for the establishment, within the framework of the Internal Market Information System (IMI), and for those professions not already covered under the Services Directive, of a proactive alert mechanism, which would make it compulsory to issue an alert to all Member States when a professional has been seriously or repeatedly sanctioned;

2011/09/22
Committee: IMCO

2011/2024(INI)

Motion for a resolution
Paragraph 20

20. Calls for the enhanced mobility of graduates and compliance with the judgment in the Morgenbesser6 case; argues that Member States should ~~not, as a matter of principle, prevent graduates from pursuing~~encourage remunerated supervised practice abroad for graduates if they offer such a possibility to their own nationals too;

2011/09/22
Committee: IMCO

2011/2024(INI)

Motion for a resolution
Paragraph 24

24. Considers that the concept of a voluntary Professional Card, which should certify the academic and professional experience acquired and which must be linked to an electronic database such as the IMI, could be a useful tool to aid mobility for some professions; stresses that any card introduced must meet specific conditions and that the necessary safeguards must be established;

2011/09/22
Committee: IMCO

2011/2011(INI)

Motion for a resolution
Paragraph 20

20. Calls on the Commission to submit a proposal on how to improve the EU’s internal decision-making procedure as regards external representation in the area of economic and financial affairs without burdening EU citizens with additional costs;

2011/05/24
Committee: ECON

2011/0439(COD)

Tiziano MOTTI, Ivo BELET

Proposal for a directive
Recital 10 a (new)

(10a) It is furthermore appropriate to exclude procurement made for postal services and services other than postal services as that sector has consistently been found to be subject to such competitive pressure that the procurement discipline brought about by the Union procurement rules is no longer needed.

2012/06/08
Committee: ITRE

2011/0439(COD)

Tiziano MOTTI, Ivo BELET

Proposal for a directive
Article 10

~~[...]~~deleted

2012/06/08
Committee: ITRE

2011/0439(COD)

Proposal for a directive
Recital 10 a (new)

(10a) It is appropriate to exclude procurement made for postal services and other services than postal services as that sector has consistently been found to be subject to such competitive pressure that the procurement discipline brought about by the EU procurement rules is no longer needed.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 2 – point 4 – point a

(a) It is established for or has the specific purpose of meeting needs in the general interest, not having an industrial or commercial character; for that purpose, a body which operates in normal market conditions, a~~ims to make a profit, and bears the losses resulting from the exercise of its activity~~nd engages in economic activities by offering goods and services on the market does not have the purpose of meeting needs in the general interest, not having an industrial or commercial character;

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 10

Article 10 Postal services 1. This Directive shall apply to activities relating to the provision of: (a) postal services; (b) other services than postal services, on condition that such services are provided by an entity which also provides postal services within the meaning of point (b) of paragraph 2 and provided that the conditions set out in Article 27(1) are not satisfied in respect of the services falling within point (b) of paragraph 2. 2. For the purpose of this Directive and without prejudice to Directive 97/67/EC: (a) "postal item": means an item addressed in the final form in which it is to be carried, irrespective of weight. In addition to items of correspondence, such items also include for instance books, catalogues, newspapers, periodicals and postal packages containing merchandise with or without commercial value, irrespective of weight; (b) "postal services": means services consisting of the clearance, sorting, routing and delivery of postal items. This shall include both services falling within as well as services falling outside the scope of the universal service set up in conformity with Directive 97/67/EC; (c) "other services than postal services": means services provided in the following areas: (i) mail service management services (services both preceding and subsequent to despatch, including "mailroom management services"); (ii) added-value services linked to and provided entirely by electronic means (including the secure transmission of coded documents by electronic means, address management services and transmission of registered electronic mail); (iii) services concerning postal items not referred to in letter (a), such as direct advertising mail bearing no address; (iv) financial services, as defined in the CPV under the reference numbers from 66100000-1 to 66720000-3 and in Article 19(c) and including in particular postal money orders and postal giro transfers; (v) philatelic services; (vi) logistics services (services combining physical delivery and/or warehousing with other non-postal functions).deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 44 – paragraph 1 – point f

(f) in the case of supply contracts for additional deliveries by the original supplier which are intended either as a partial replacement of normal supplies or installations or as the extension of existing supplies or installations, where a change of supplier would oblige the contracting entity to acquire material having different technical characteristics which would result in incompatibility or disproportionate technical difficulties in operation and maintenance; for additional works or services which were not included in the project initially awarded or in the contract first concluded but have, through unforeseen circumstances, become necessary to the performance of the contract, on condition that the award is made to the contractor or service provider executing the original contract: — when such additional works or services cannot be technically or economically separated from the main contract without great inconvenience to the contracting entities, or — when such additional works or services, although separable from the performance of the original contract, are strictly necessary to its later stages;

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 45 – paragraph 1 – subparagraph 3

~~The term of a framework agreement shall not exceed four years, save in exceptional cases duly justified, in particular by the subject of the framework agreement.~~deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 82 – paragraph 4

4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 12 and where it is below 515 % of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Annex 17 – table – row 7 a (new)

- Legal services.

2012/09/03
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Recital 10 a (new)

(10a) It is appropriate to exclude procurement made for postal services and other services than postal services as that sector has consistently been found to be subject to such competitive pressure that the procurement discipline brought about by the Union procurement rules is no longer needed.

2012/06/13
Committee: ITRE

2011/0438(COD)

Tiziano MOTTI, Ivo BELET

Proposal for a directive
Article 8 a (new)

Article 8a Specific exclusions in the field of postal services 1. This Directive shall not apply to public contracts for the principal purpose of permitting the contracting authorities to provide postal services and other services than postal services. 2. For the purposes of this Article: (a) ‘postal services’: means services consisting of the clearance, sorting, routing and delivery of postal items. This shall include both services falling within as well as services falling outside the scope of the universal service set up in conformity with Directive 97/67/EC; (b)‘other services than postal services’: means services provided in the following areas: (i) mail service management services (services both preceding and subsequent to despatch, including "mailroom management services"); (ii) added-value services linked to and provided entirely by electronic means (including the secure transmission of coded documents by electronic means, address management services and transmission of registered electronic mail); (iii) services concerning postal items not included in point (i), such as direct mail bearing no address; (iv) financial services, as defined in the CPV under the reference numbers from 66100000-1 to 66720000-3 and in Article 19(c) and including in particular postal money orders and postal giro transfers; (v) philatelic services; (vi) logistics services (services combining physical delivery and/or warehousing with other non-postal functions).

2012/06/13
Committee: ITRE

2011/0438(COD)

Proposal for a directive
Article 7 – paragraph 1 a and 1 b (new)

This Directive shall not apply to public contracts for the principal purpose of permitting the contracting authorities to provide postal services and other services than postal services. For the purposes of this Article: "postal services": means services consisting of the clearance, sorting, routing and delivery of postal items. This shall include both services falling within as well as services falling outside the scope of the universal service set up in conformity with Directive 97/67/EC; "other services than postal services": means services provided in the following areas: (i) mail service management services (services both preceding and subsequent to despatch, including "mailroom management services"); (ii) added-value services linked to and provided entirely by electronic means (including the secure transmission of coded documents by electronic means, address management services and transmission of registered electronic mail); (iii) services concerning postal items not included in point (a), such as direct mail bearing no address; (iv) financial services, as defined in the CPV under the reference numbers from 66100000-1 to 66720000-3 and in Article 19(c) and including in particular postal money orders and postal giro transfers; (v) philatelic services; (vi) logistics services (services combining physical delivery and/or warehousing with other non-postal functions).

2012/07/12
Committee: IMCO

2011/0374(COD)

Proposal for a regulation
Recital 14 a (new)

(14a) It should also be taken into account that, despite the controversy, Member States whose national legislation goes beyond the core requirements of the Mediation Directive seem to have achieved important results in promoting the non-judicial treatment of disputes in civil and commercial matters; and that the results achieved, in particular in Italy, Bulgaria and Romania, show that mediation can help bring swift and effective extrajudicial resolution of disputes through processes that are tailored to the needs of the parties and safeguard consumers, which is of particular relevance in cases of electronic purchasing;

2012/05/09
Committee: JURI

2011/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1

1. The Commission shall establish a European online dispute resolution platform, (hereinafter ‘ODR platform’). Membership of the platform is desirable under the condition on the mandatory use of ADR in Member States whose legal systems the OECD considers to infringe the rights of applicants to a fair trial within a reasonable timescale.

2012/05/09
Committee: JURI

2011/0374(COD)

Proposal for a regulation
Article 5 – paragraph 4 a (new)

4a. Member States shall, in implementing this Regulation, establish instruments such as the admissibility condition, as governed by European Court of Justice guidance, for a transitional period of no fewer than 5 years from its entry into force, in order to ensure effective application of the principles of mediation and to promote a culture of mediation, while ensuring that both the parties at dispute must abide by it;

2012/05/09
Committee: JURI

2011/0374(COD)

Proposal for a regulation
Recital 6

(6) Being able to seek easy and low-cost dispute resolution can boost consumers' and traders' confidence in the digital market. Consumers and traders, however, still face barriers to finding out-of-court solutions in particular to their disputes arising from a cross-border online transaction. Thus, such disputes currently are often left unresolved. Certain Member States whose national legislation goes beyond the core requirements of the mediation directive appear to have made substantial progress in the non-judicial settlement of civil and commercial disputes. The results obtained indicate that mediation can contribute to cost- effective and rapid extrajudicial dispute settlement by means of procedures tailored to the needs of the parties and ensuring consumer protection.

2012/05/31
Committee: IMCO

2011/0374(COD)

Proposal for a regulation
Recital 8

~~(8)~~ This Regulation should apply to the out-of- court resolution of contractual disputes between consumers and traders that arise from the online sale of goods or provision of services by traders across borders. It should not apply to disputes between consumers and traders that arise from the online sale of goods or provision of services if at least one of them is not established or resident in a Member State of the Union at the time when the consumer orders such goods or services or the trader and the consumer are established or resident in the same Member State. The development within the European Union of well-functioning alternative dispute resolution is necessary to strengthen consumers' confidence in the internal market, including in the area of e- commerce. Such development should build on existing ADR procedures in the Member States and respect their legal traditions. The dissemination of ADR can also prove to be important in those countries in which there is a substantial backlog of cases pending before the courts, which does not enable EU citizens to exercise their right to a fair trial within a reasonable time.

2012/05/31
Committee: IMCO

2011/0374(COD)

Proposal for a regulation
Recital 19

(19) The right to an effective remedy and the right to a fair trial are fundamental rights guaranteed in Article 47 of the Charter of Fundamental Rights of the European Union. Online dispute resolution procedures cannot be designed to replace court procedures and should not deprive consumers or traders of their rights to seek redress before the courts. Nothing in this Regulation should, therefore, prevent parties from exercising their right of access to the judicial system. Member States should, in implementing the Directive, provide for instruments such as the condition of admissibility, governed by the rulings of the Court of Justice of the European Union, also for a transitional period of no less than five years from its entry into force, to ensure that its principles are genuinely applied and to promote the mediation culture, ensuring that both litigants at least have to adhere to it. It would be desirable for the use of ADR to be made compulsory in those Member States in which the legal system has been recognised by the OECD as being prejudicial to the rights of claimants to a fair trial within a reasonable time.

2012/05/31
Committee: IMCO

2011/0374(COD)

Proposal for a regulation
Recital 22

(22) Traders should inform consumers on their websites about the ODR platform and provide an electronic link to its homepage. They should also provide such information when a consumer submits a complaint to the trader, a consumer complaint handling system operated by the trader or a company ombudsman. This obligation should be without prejudice to Article 10(1)-(3) of Directive .…/…/EU [Office of Publications insert reference number] concerning the information of consumers by traders about the ADR procedures by which those traders are covered and about whether or not they commit to use alternative dispute resolution procedures to resolve disputes with consumers. Furthermore, this obligation should be without prejudice to Articles 6(1)(t) and 8 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights. Article 6(1)(t) of Directive 2011/83/EU stipulates for consumer contracts concluded at a distance or off premises that the trader has to inform the consumer about the possibility of having recourse to an out-of- court complaint and redress mechanism to which the trader is subject, and the methods for having access to it, before the consumer is bound by the contract. Member States should provide for penalties for any party or parties which, for their own ends and without any justified objective reason, refuse to accept the procedure, thereby forcing consumers to forego their claims or face substantial costs, which could easily be borne by the supplier, thus creating a clear imbalance.

2012/05/31
Committee: IMCO

2011/0373(COD)

Proposal for a directive
Recital 3a (new)

(3a) The Member States whose national legislation goes beyond the basic requirements of the Mediation Directive appear to have achieved important results in promoting the non-judicial treatment of disputes in civil and commercial matters; the results achieved, in particular in Italy, Bulgaria and Romania, show that mediation can help to provide a convenient and swift out-of-court settlement of disputes through procedures that are tailored to the parties' requirements and the need to protect consumers.

2012/05/09
Committee: JURI

2011/0373(COD)

Proposal for a directive
Recital 6

(6) The development within the European Union of well-functioning alternative dispute resolution is necessary to strengthen consumers' confidence in the internal market, including in the area of e- commerce. Such development should build on existing ADR procedures in the Member States and respect their legal traditions. The dissemination of ADR can also prove to be important in those countries in which there is a substantial backlog of cases pending before the courts, which does not enable EU citizens to exercise their right to a fair trial within a reasonable time.

2012/05/09
Committee: JURI

2011/0373(COD)

Proposal for a directive
Recital 13 a (new)

(13a) Member States should, in implementing the Directive, provide for instruments such as the condition of admissibility, governed by the rulings of the Court of Justice of the European Union, also for a transitional period of no less than five years from its entry into force, to ensure that its principles are genuinely applied and to promote the mediation culture, ensuring that both litigants at least have to adhere to it.

2012/05/09
Committee: JURI

2011/0373(COD)

Proposal for a directive
Recital 23

(23) This Directive does not prescribe that participation of traders in ADR procedures be mandatory or that the outcome of such procedures be binding on traders, when a consumer has lodged a complaint against them. However, this Directive is without prejudice to any national rules making the participation of traders in such procedures mandatory or their outcome binding on traders, provided that such legislation does not prevent the parties from exercising their right of access to the judicial system as guaranteed in Article 47 of the Charter of Fundamental Rights of the European Union. It would be desirable for the use of ADR to be made compulsory in those Member States in which the legal system has been recognised by the OECD as being prejudicial to the rights of claimants to a fair trial within a reasonable time.

2012/05/09
Committee: JURI

2011/0373(COD)

Proposal for a directive
Recital 28 a (new)

(28a) Member States should provide for penalties for any party or parties which, for their own ends and without any justified objective reason, refuse to accept the procedure, thereby forcing consumers to forego their claims, or to face substantial costs, which could easily be borne by the supplier, thus creating a clear imbalance.

2012/05/09
Committee: JURI

2011/0373(COD)

Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1 a (new)

Member States should provide specific training, based on ODR techniques, more specifically, in order to ensure that the natural persons in charge of dispute resolution have the necessary skills in accordance with Article 6 of the proposal for a directive.

2012/05/09
Committee: JURI

2011/0156(COD)

Patrizia TOIA, Francesco DE ANGELIS, Mario PIRILLO, Paolo BARTOLOZZI, Antonio CANCIAN, Elisabetta GARDINI, Oreste ROSSI, Amalia SARTORI, Tiziano MOTTI, Lara COMI, Andrea ZANONI

Proposal for a regulation
Title

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on food intended for infants and young children and on food for special medical purposes and foodstuffs for people intolerant to gluten(presented by the Commission pursuant to Article 114 of the Treaty on the Functioning of the European Union)(Text with EEA relevance)

2012/01/18
Committee: ITRE

2011/0156(COD)

Patrizia TOIA, Francesco DE ANGELIS, Mario PIRILLO, Paolo BARTOLOZZI, Antonio CANCIAN, Lara COMI, Herbert DORFMANN, Elisabetta GARDINI, Tiziano MOTTI, Oreste ROSSI, Amalia SARTORI, Andrea ZANONI

Proposal for a regulation
Recital 15

(15) A limited number of categories of food constitutes the sole source of nourishment of certain groups of the population or represent a partial source of nourishment; such categories of food are vital for the management of certain conditions and/or are essential to maintain the intended nutritional adequacy for certain well-established vulnerable groups of the population. Those categories of food include infant formulae and follow-on formulae, processed cereal-based food and baby food and food for special medical purposes, and food for people intolerant to gluten. Experience has shown that the provisions laid down in Commission Directive 2006/141/EC, Commission Directive 2006/125/EC, as well as Commission Directive 1999/21/EC, and Commission Regulation (EC) No 41/2009 ensure the free movement of such food in a satisfactory manner, while ensuring a high level of protection of public health. It is therefore appropriate that this Regulation focuses on the general compositional and information requirements for infant formula and follow-on formulae, processed cereal-based food and baby food for infants and young children and to food for special medical purposes, and food for people intolerant to gluten taking into account Commission Directive 2006/141/EC, Commission Directive 2006/125/EC and Commission Directive 1999/21/EC, and Commission Regulation (EC) No 41/2009.

2012/01/18
Committee: ITRE

2011/0156(COD)

Patrizia TOIA, Francesco DE ANGELIS, Mario PIRILLO, Paolo BARTOLOZZI, Antonio CANCIAN, Lara COMI, Herbert DORFMANN, Elisabetta GARDINI, Oreste ROSSI, Amalia SARTORI, Andrea ZANONI, Tiziano MOTTI

Proposal for a regulation
Recital 16

(16) To ensure legal certainty, definitions laid down in Commission Directive 2006/141/EC, Commission Directive 2006/125/EC and Commission Directive 1999/21/EC, and Commission Regulation (EC) No 41/2009 should be transferred to this Regulation. However, the definitions of infant formulae and follow-on formulae, processed cereal-based food and baby food, and food for special medical purposes, and food for people intolerant to gluten should be regularly adapted taking into account technical and scientific progress and relevant developments at international level, as appropriate.

2012/01/18
Committee: ITRE

2011/0156(COD)

Patrizia TOIA, Francesco DE ANGELIS, Mario PIRILLO, Paolo BARTOLOZZI, Antonio CANCIAN, Lara COMI, Herbert DORFMANN, Elisabetta GARDINI, Tiziano MOTTI, Oreste ROSSI, Amalia SARTORI, Andrea ZANONI

Proposal for a regulation
Recital 19

(19) This Regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula, follow-on formula, processed cereal-based food and baby food, ~~and~~ food for special medical purposes, and food for people intolerant to gluten, taking into account Commission Directive 2006/141/EC, Commission Directive 2006/125/EC and Commission Directive 1999/21/EC, Commission Regulation (EC) No 41/2009. In order to adapt the definitions of infant formula, follow-on formula, processed cereal-based food and baby food, and food for special medical purposes, and food for people intolerant to gluten laid down in this Regulation taking into account technical and scientific progress and relevant developments at international level, to lay down the specific compositional and information requirements with respect to the categories of food covered by this Regulation, including for additional labelling requirements to, or derogations from, the provisions of Directive 2000/13/EC and for the authorisation of nutrition and health claims, 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. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

2012/01/18
Committee: ITRE

2011/0156(COD)

Patrizia TOIA, Francesco DE ANGELIS, Mario PIRILLO, Paolo BARTOLOZZI, Antonio CANCIAN, Lara COMI, Herbert DORFMANN, Elisabetta GARDINI, Tiziano MOTTI, Oreste ROSSI, Amalia SARTORI, Andrea ZANONI

Proposal for a regulation
Recital 20

(20) It is appropriate to establish and update a Union list of vitamins, minerals, amino acids and other substances that may be added for specific nutritional purposes to infant formula, follow-on formula, processed cereal-based food and baby food, and food for special medical purposes, and food for people intolerant to gluten, taking into account Regulation 953/2009, Commission Directives 2006/141/EC and 2006/125/EC, subject to certain criteria laid down in this Regulation. Given the fact that the adoption of the list implies the application of criteria set out in this Regulation, implementing powers should be conferred on the Commission in that respect. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers. The Commission should adopt immediately applicable implementing acts updating the Union list, where, in duly justified cases relating to public health, imperative grounds of urgency so require.

2012/01/18
Committee: ITRE

2011/0156(COD)

Patrizia TOIA, Francesco DE ANGELIS, Mario PIRILLO, Paolo BARTOLOZZI, Antonio CANCIAN, Lara COMI, Elisabetta GARDINI, Tiziano MOTTI, Oreste ROSSI, Amalia SARTORI, Andrea ZANONI

Proposal for a regulation
Recital 26

(26) Currently, the statements ‘gluten-free’ and ‘very low gluten’ may be used for food ~~intended for particular nutritional uses and for food for normal consumptio~~for specialised nutrition intended for people intolerant to gluten under the rules specified in article 3 of Commission Regulation (EC) No 41/2009 concerning the composition and labelling of foodstuffs suitable for people intolerant to gluten. Such statements could be construed as nutrition claims, as defined in Regulation (EC) No 1924/2006. For the sake of simplification, those statements should be regulated solely by Regulation (EC) No 1924/2006 and comply with requirements therein. It is necessary that technical adaptations pursuant to Regulation (EC) No 1924/2006, incorporating the nutrition claims ‘gluten-free’ and ‘very low gluten’ and their associated conditions of use as regulated under Regulation (EC) No 41/2009 be completed prior to the entry into application of this RegulationIn addition, the statement ‘gluten-free’ may be used for foodstuffs for normal consumption and other food for specialised nutrition suitable for people intolerant to gluten under the rules specified in article 4 of Commission Regulation (EC) No 41/2009 concerning the composition and labelling of foodstuffs suitable for people intolerant to gluten which do not allow the use of the statement ‘very low gluten’ for these foods. Such food for specialized nutrition intended for people intolerant to gluten shall be maintained in this Regulation, as providing such safe food intended for people intolerant to gluten and informing coeliacs about the absence of gluten is vital to the management of the disease. This is in line with the international standard for food for special dietary use for persons intolerant to gluten (CODEX STAN 118-1979 revised in 2008). Also the conditions of use of the claim ‘gluten-free’ for food for normal consumption should be maintained in Regulation (CE) No 41/2009.

2012/01/18
Committee: ITRE

2011/0156(COD)

Patrizia TOIA, Francesco DE ANGELIS, Mario PIRILLO, Paolo BARTOLOZZI, Antonio CANCIAN, Lara COMI, Herbert DORFMANN, Elisabetta GARDINI, Tiziano MOTTI, Oreste ROSSI, Amalia SARTORI, Andrea ZANONI

Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)

(c a) food for people intolerant to gluten

2012/01/18
Committee: ITRE

2011/0156(COD)

Patrizia TOIA, Francesco DE ANGELIS, Mario PIRILLO, Paolo BARTOLOZZI, Antonio CANCIAN, Lara COMI, Herbert DORFMANN, Elisabetta GARDINI, Tiziano MOTTI, Oreste ROSSI, Amalia SARTORI, Andrea ZANONI

Proposal for a regulation
Article 2 – paragraph 2 – point h a (new)

(h a) ‘food for people intolerant to gluten’ means foodstuffs for particular nutritional uses which are specially produced, prepared and/or processed to meet the special dietary needs of people intolerant to gluten

2012/01/18
Committee: ITRE

2011/0156(COD)

Patrizia TOIA, Francesco DE ANGELIS, Mario PIRILLO, Paolo BARTOLOZZI, Lara COMI, Antonio CANCIAN, Herbert DORFMANN, Elisabetta GARDINI, Tiziano MOTTI, Amalia SARTORI, Andrea ZANONI

Proposal for a regulation
Article 2 – paragraph 3

3. The Commission shall be empowered to adopt delegated acts in accordance with Article 15 to adapt the definitions of ‘infant formula’, ‘follow-on formula’, ‘processed cereal-based food’ and ‘baby food’ and ‘food for special medical purposes’, and ‘food for people intolerant to gluten’ taking into account technical and scientific progress and relevant developments at international level, as appropriate.

2012/01/18
Committee: ITRE

2011/0156(COD)

Elisabetta GARDINI, Paolo BARTOLOZZI, Sergio BERLATO, Lorenzo FONTANA, Cristiana MUSCARDINI, Andrea ZANONI, Oreste ROSSI, Patrizia TOIA, Antonio CANCIAN, Amalia SARTORI, Mario PIRILLO, Tiziano MOTTI, Salvatore TATARELLA, Lara COMI

Proposal for a regulation
Title

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on food intended for infants and young children ~~and~~, on food for special medical purposes and on foodstuffs for people intolerant to gluten

2012/01/26
Committee: ENVI

2011/0156(COD)

Patrizia TOIA, Francesco DE ANGELIS, Mario PIRILLO, Paolo BARTOLOZZI, Lara COMI, Elisabetta GARDINI, Tiziano MOTTI, Oreste ROSSI, Amalia SARTORI, Andrea ZANONI

Proposal for a regulation
Article 9 – paragraph 4

4. TParagraph 3 shall not prevent the dissemination of any useful information or recommendations ~~with reference to the categories of food referred to in Article 1 (1) may be made exclusively by~~exclusively intended for persons having qualifications in medicine, nutrition, pharmacy or other professionals responsible for maternal and child health care.

2012/01/18
Committee: ITRE

2011/0156(COD)

Elisabetta GARDINI, Paolo BARTOLOZZI, Sergio BERLATO, Lorenzo FONTANA, Cristiana MUSCARDINI, Andrea ZANONI, Oreste ROSSI, Patrizia TOIA, Antonio CANCIAN, Amalia SARTORI, Mario PIRILLO, Tiziano MOTTI, Salvatore TATARELLA, Lara COMI

Proposal for a regulation
Recital 15

(15) A limited number of categories of food constitutes the sole source of nourishment of certain groups of the population or represent a partial source of nourishment; such categories of food are vital for the management of certain conditions and/or are essential to maintain the intended nutritional adequacy for certain well-established vulnerable groups of the population. Those categories of food include infant formulae and follow-on formulae, processed cereal-based food and baby food ~~and~~, food for special medical purposes, and foods for people intolerant to gluten. Experience has shown that the provisions laid down in Commission Directive 2006/141/EC, Commission Directive 2006/125/EC, ~~as well as~~ Commission Directive 1999/21/EC, and Commission Regulation 41/2009 ensure the free movement of such food in a satisfactory manner, while ensuring a high level of protection of public health. It is therefore appropriate that this Regulation focuses on the general compositional and information requirements for infant formula and follow-on formulae, processed cereal- based food and baby food for infants and young children ~~and to~~, food for special medical purposes, and foods for people intolerant to gluten, taking into account Commission Directive 2006/141/EC, Commission Directive 2006/125/EC ~~and~~ Commission Directive 1999/21/EC, and Commission Regulation (EC) No 41/2009.

2012/01/26
Committee: ENVI

2011/0156(COD)

Patrizia TOIA, Francesco DE ANGELIS, Mario PIRILLO, Paolo BARTOLOZZI, Lara COMI, Herbert DORFMANN, Elisabetta GARDINI, Tiziano MOTTI, Oreste ROSSI, Amalia SARTORI, Andrea ZANONI

Proposal for a regulation
Article 10 – paragraph 2 – introductory part

2. Subject to the general requirements of Articles 7 and 9 and taking into account Directive 2006/141/EC, Directive 2006/125/EC and Directive 1999/21/EC, and Regulation (EC) No 41/2009 as well as any technical and scientific progress, the Commission shall be empowered to adopt delegated Regulations, for foods covered under Article 1(1) no later than [2 years after the date of the entry into force of this Regulation], in accordance with Article 15, with respect to the following:

2012/01/18
Committee: ITRE

2011/0156(COD)

Proposal for a regulation
Recital 15

(15) A limited number of categories of food constitutes the sole source of nourishment of certain groups of the population or represent a partial source of nourishment; such categories of food are vital for the management of certain conditions and/or are essential to maintain the intended nutritional adequacy for certain well-established vulnerable groups of the population. Those categories of food include infant formulae and follow-on formulae, processed cereal-based food and baby food ~~and~~, milk based drinks intended for young children, food for special medical purposes. Experience has shown that the provisions laid down in Commission Directive 2006/141/EC, Commission Directive 2006/125/EC, a~~s well as~~nd Commission Directive 1999/21/EC ensure the free movement of such food in a satisfactory manner, while ensuring a high level of protection of public health. It is therefore appropriate that this Regulation focuses on the general compositional and information requirements for infant formula and follow-on formulae, processed cereal- based food ~~and~~, baby food for infants and young children ~~and to~~, milk based drinks intended for young children, food for special medical purposes, taking into account Commission Directive 2006/141/EC, Commission Directive 2006/125/EC and Commission Directive 1999/21/EC.In addition, the concept of "specialised nutrition" should be maintained and strictly limited to products that demonstrate their unique ability to fulfil the specific nutritional needs of vulnerable groups of the population, which otherwise could not be placed on the market using current Union acts.

2012/01/26
Committee: ENVI

2011/0156(COD)

Elisabetta GARDINI, Paolo BARTOLOZZI, Sergio BERLATO, Lorenzo FONTANA, Cristiana MUSCARDINI, Oreste ROSSI, Andrea ZANONI, Patrizia TOIA, Antonio CANCIAN, Amalia SARTORI, Mario PIRILLO, Tiziano MOTTI, Salvatore TATARELLA, Lara COMI

Proposal for a regulation
Recital 16

(16) To ensure legal certainty, definitions laid down in Commission Directive 2006/141/EC, Commission Directive 2006/125/EC ~~and~~, Commission Directive 1999/21/EC, and Commission Regulation 41/2009 should be transferred to this Regulation. However, the definitions of infant formulae and follow-on formulae, processed cereal-based food and baby food, ~~and~~ food for special medical purposes, and foods for people intolerant to gluten should be regularly adapted taking into account technical and scientific progress and relevant developments at international level, as appropriate.

2012/01/26
Committee: ENVI

2011/0156(COD)

Elisabetta GARDINI, Paolo BARTOLOZZI, Sergio BERLATO, Lorenzo FONTANA, Cristiana MUSCARDINI, Oreste ROSSI, Andrea ZANONI, Patrizia TOIA, Antonio CANCIAN, Amalia SARTORI, Mario PIRILLO, Tiziano MOTTI, Salvatore TATARELLA, Lara COMI

Proposal for a regulation
Recital 19

(19) This Regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula, follow-on formula, processed cereal-based food and baby food, ~~and~~ food for special medical purposes, and foods for people intolerant to gluten, taking into account Commission Directive 2006/141/EC, Commission Directive 2006/125/EC ~~and~~, Commission Directive 1999/21/EC, Commission Regulation (EC) No 41/2009. In order to adapt the definitions of infant formula, follow-on formula, processed cereal-based food and baby food, ~~and~~ food for special medical purposes, and foods for people intolerant to gluten laid down in this Regulation taking into account technical and scientific progress and relevant developments at international level, to lay down the specific compositional and information requirements with respect to the categories of food covered by this Regulation, including for additional labelling requirements to, or derogations from, the provisions of Directive 2000/13/EC and for the authorisation of nutrition and health claims, 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. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

2012/01/26
Committee: ENVI

2011/0156(COD)

Patrizia TOIA, Francesco DE ANGELIS, Mario PIRILLO, Paolo BARTOLOZZI, Lara COMI, Elisabetta GARDINI, Tiziano MOTTI, Oreste ROSSI, Amalia SARTORI, Andrea ZANONI

Proposal for a regulation
Article 17 – paragraph 2

~~2. Directive 96/8/EC and Regulation (EC) No 41/2009 are repealed from [the first day of the month 2 years after the date of the entry into force of this Regulation].~~deleted

2012/01/18
Committee: ITRE

2011/0156(COD)

Proposal for a regulation
Recital 19

(19) This Regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula, follow-on formula, processed cereal-based food ~~and baby food~~, baby food, milk based drinks intended for young children, and food for special medical purposes, taking into account Commission Directive 2006/141/EC, Commission Directive 2006/125/EC ~~and~~, Commission Directive 1999/21/EC. In order to adapt the definitions of infant formula, follow-on formula, processed cereal-based food and baby food, milk based drinks intended for young children, and food for special medical purposes laid down in this Regulation taking into account technical and scientific progress and relevant developments at international level, to lay down the specific compositional and information requirements and the process for placing on the market of food resulting from scientific and technological innovations with respect to the categories of food covered by this Regulation, including for additional labelling requirements to, or derogations from, the provisions of Directive 2000/13/EC and for the authorisation of nutrition and health claims, 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. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

2012/01/26
Committee: ENVI

2011/0156(COD)

Elisabetta GARDINI, Paolo BARTOLOZZI, Sergio BERLATO, Lorenzo FONTANA, Cristiana MUSCARDINI, Oreste ROSSI, Andrea ZANONI, Patrizia TOIA, Antonio CANCIAN, Amalia SARTORI, Mario PIRILLO, Tiziano MOTTI, Salvatore TATARELLA, Lara COMI

Proposal for a regulation
Recital 20

(20) It is appropriate to establish and update a Union list of ~~vitamins, minerals, amino acids and other substances that may be added~~substances that may be added for specific nutritional purposes to infant formula, follow-on formula, processed cereal-based food and baby foods, ~~and~~ food for special medical purposes, and foods for people intolerant to gluten, taking into account Regulation (EC) No. 953/2009, Commission Directives 2006/141/EC and 2006/125/EC, subject to certain criteria laid down in this Regulation. Given the fact that the adoption of the list implies the application of criteria set out in this Regulation, implementing powers should be conferred on the Commission in that respect. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers. The Commission should adopt immediately applicable implementing acts updating the Union list, where, in duly justified cases relating to public health, imperative grounds of urgency so require.

2012/01/26
Committee: ENVI

2011/0156(COD)

Elisabetta GARDINI, Paolo BARTOLOZZI, Sergio BERLATO, Lorenzo FONTANA, Cristiana MUSCARDINI, Oreste ROSSI, Andrea ZANONI, Patrizia TOIA, Antonio CANCIAN, Amalia SARTORI, Mario PIRILLO, Tiziano MOTTI, Salvatore TATARELLA, Lara COMI

Proposal for a regulation
Recital 26

(26) Currently, the statements ‘'gluten-free’' and ‘'very low gluten’' may be used for food ~~intended for particular nutritional uses and for food for normal consumptio~~s for specialised nutrition intended for people intolerant to gluten under the rules specified in article 3 of Commission Regulation (EC) No 41/2009 concerning the composition and labelling of foodstuffs suitable for people intolerant to gluten. ~~Such statements could be construed as nutrition claims, as de~~In addition, the statement 'gluten-free' may be used for foodstuffs for normal consumption and other foods for specialised nutrition suitable for people intolerant to gluten under the rules specifined in Regulation (EC) No 1924/2006. For the sake of simplification, those statements should be regulated solely by Regulation (EC) No 1924/2006 and comply with requirements therein. It is necessary that technical adaptations pursuant to Regulation (EC) No 1924/2006, incorporating the nutrition claims ‘gluten-free’ and ‘very low gluten’ and their associated conditions of use as regulated under Regulation (EC) No 41/2009 be completed prior to the entry into application ofarticle 4 of Commission Regulation (EC) No 41/2009 concerning the composition and labelling of foodstuffs suitable for people intolerant to gluten which do not allow the use of the statement 'very low gluten' for these foods. Such foods for specialized nutrition intended for people intolerant to gluten shall be maintained in this Regulation, as providing such safe foods intended for people intolerant to gluten and informing coeliacs about the absence of gluten is vital to the management of the disease. This is in line with the international standard for foods for special dietary use for persons intolerant to gluten (CODEX STAN 118-1979 revised in 2008). Also the conditions of use of the claim "gluten- free" for foods for normal consumption should be maintained in thise Regulation (CE) 41/2009.

2012/01/26
Committee: ENVI

2011/0156(COD)

Elisabetta GARDINI, Paolo BARTOLOZZI, Sergio BERLATO, Lorenzo FONTANA, Cristiana MUSCARDINI, Oreste ROSSI, Andrea ZANONI, Patrizia TOIA, Antonio CANCIAN, Amalia SARTORI, Mario PIRILLO, Tiziano MOTTI, Salvatore TATARELLA, Lara COMI

Proposal for a regulation
Article 1 – paragraph 1 – introductory part

1. This Regulation establishes compositional and information requirements for the following categories of food for specialised nutrition:

2012/01/26
Committee: ENVI

2011/0156(COD)

Elisabetta GARDINI, Paolo BARTOLOZZI, Sergio BERLATO, Lorenzo FONTANA, Cristiana MUSCARDINI, Oreste ROSSI, Andrea ZANONI, Patrizia TOIA, Antonio CANCIAN, Amalia SARTORI, Mario PIRILLO, Tiziano MOTTI, Salvatore TATARELLA, Lara COMI

Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)

(ca) food for people intolerant to gluten.

2012/01/26
Committee: ENVI

2011/0156(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point g – point ii

~~(ii) milk intended for young children;~~deleted

2012/01/26
Committee: ENVI

2011/0156(COD)

Elisabetta GARDINI, Paolo BARTOLOZZI, Sergio BERLATO, Lorenzo FONTANA, Cristiana MUSCARDINI, Oreste ROSSI, Andrea ZANONI, Patrizia TOIA, Antonio CANCIAN, Amalia SARTORI, Mario PIRILLO, Tiziano MOTTI, Salvatore TATARELLA, Lara COMI

Proposal for a regulation
Article 2 – paragraph 3

3. The Commission shall be empowered to adopt delegated acts in accordance with Article 15 to adapt the definitions of ‘'infant formula’', ‘'follow-on formula’', ‘'processed cereal-based food’' and ‘'baby food~~’ and ‘~~', 'food for special medical purposes’', and 'food for people intolerant to gluten' taking into account technical and scientific progress and relevant developments at international level, as appropriate.

2012/01/26
Committee: ENVI

2011/0156(COD)

Proposal for a regulation
Article 3 – paragraph 1 a (new)

1a. In the labelling, presentation and advertising of foodstuffs for normal consumption the following shall be prohibited: (a) the use of the words "specialised nutrition", either alone or in conjunction with other words, to designate those foodstuffs; (b) all other markings or any presentation likely to give the impression that one of the products referred to in Article 1(1) or 1(2) is involved.

2012/01/26
Committee: ENVI

2011/0156(COD)

Elisabetta GARDINI, Paolo BARTOLOZZI, Sergio BERLATO, Lorenzo FONTANA, Cristiana MUSCARDINI, Oreste ROSSI, Andrea ZANONI, Patrizia TOIA, Antonio CANCIAN, Amalia SARTORI, Mario PIRILLO, Tiziano MOTTI, Salvatore TATARELLA, Lara COMI

Proposal for a regulation
Article 10 – paragraph 2 – introductory part

2. Subject to the general requirements of Articles 7 and 9 and taking into account Directive 2006/141/EC, Directive 2006/125/EC ~~and~~, Directive 1999/21/EC and Regulation (EC) No 41/2009, as well as any technical and scientific progress, the Commission shall be empowered to adopt delegated Regulations, for foods covered by Article 1(1) no later than [2 years after the date of the entry into force of this Regulation], in accordance with Article 15, with respect to the following:

2012/01/26
Committee: ENVI

2011/0156(COD)

Proposal for a regulation
Article 10 – paragraph 2 – introductory part

2. Subject to the general requirements of Articles 7 and 9 and taking into account Directive 2006/141/EC, Directive 2006/125/EC ~~and~~, Directive 1999/21/EC, as well as any technical and scientific progress, the Commission shall be empowered to adopt delegated Regulations, for foods covered by Article 1(1) no later than [2 years after the date of the entry into force of this Regulation], in accordance with Article 15, with respect to the following:

2012/01/26
Committee: ENVI

2011/0156(COD)

Proposal for a regulation
Article 10 – paragraph 2 a (new)

2a. By the end of the transition period set out in article 18 (1), the Commission shall, after consulting the European Food Safety Authority, present to the European Parliament and to the Council a report on the desirability of special provisions regarding the composition and labelling of milk-based drinks intended for young children with regard to the nutritional needs, the pattern of consumption, the nutritional intake and the levels of exposure to contaminants and pesticides of young children taking into account the different legislation that governs normal foods and foods intended for infants and young children. In the light of the conclusions of that report, the Commission shall either: (a) decide that there is no need for special provisions regarding the composition and labelling of milk based drinks intended for young children; or (b) present, in accordance with the procedure laid down in Article 114 TFEU, appropriate proposals for amendments to this Regulation, and amend the relevant delegated acts to include the special provisions concerned, in accordance with Article 15.

2012/01/26
Committee: ENVI

2011/0156(COD)

Elisabetta GARDINI, Paolo BARTOLOZZI, Sergio BERLATO, Lorenzo FONTANA, Cristiana MUSCARDINI, Oreste ROSSI, Andrea ZANONI, Patrizia TOIA, Antonio CANCIAN, Amalia SARTORI, Mario PIRILLO, Tiziano MOTTI, Salvatore TATARELLA, Lara COMI

Proposal for a regulation
Article 17 – paragraph 2

~~2. Directive 96/8/EC and Regulation (EC) No 41/2009 are repealed from [the first day of the month 2 years after the date of the entry into force of this Regulation].~~deleted

2012/01/26
Committee: ENVI

2010/2309(INI)

Motion for a resolution
Paragraph 5

5. Is aware that organised crime cannot proliferate without the aid, the complicity, or even the mere indifference of the political world, and expresses deep concern about the evidently increasing interpenetration of organised crime and politics, involving the creation of a so- called grey area which is seriously jeopardising the credibility and true democratic nature of the institutions; expresses equal concern over the proven ability of organised crime to infiltrate the nerve centres of general government and the economic and financial fabric; points out that organised crime generates huge profits and affects children through the abuse of their images, which are downloaded and disseminated via the Internet and mobile communication systems;

2011/05/31
Committee: LIBE

2010/2309(INI)

Motion for a resolution
Paragraph 12

12. Intends to set up, within three months of the adoption of this resolution, a special committee on the dissemination of Mafia- style criminal organisations~~, both from Italy and elsewhere,~~ which operate across borders; one of its aims will be to investigate the extent of the phenomenon and the negative social and economic impact it has throughout the EU, including the issue of the misappropriation of public funds by Mafia-style criminal organisations and their infiltration into politics and general government; another aim will be to identify a range of legislative measures in order to address this tangible and acknowledged threat to the EU and its citizens; calls, therefore, on the Conference of Presidents to put forward a proposal under Rule 184 of the Rules of Procedure;

2011/05/31
Committee: LIBE

2010/2309(INI)

Motion for a resolution
Paragraph 19 – subparagraph 1 (new)

calls at the same time on the press to pursue its news activities in a transparent and responsible manner, without hampering sensitive police work by disclosing information at the wrong time, which could result in organised crime going unpunished;

2011/05/31
Committee: LIBE

2010/2272(INI)

Draft opinion
Paragraph 1

1. Draws attention to the fact that gaps in the implementation of the existing principle of equal treatment of people with disabilities are regularly brought to the attention of the Committee on Petitions by the citizens concerned; points out that in 2007 a petition with 1 364 984 signatures was submitted to the Commission calling for people with disabilities to be given extensive protection in all European Union policies and that the Commission has so far failed to take due account of this legitimate initiative;

2011/05/18
Committee: PETI

2010/2272(INI)

Draft opinion
Paragraph 2

2. Points out that the petitioners refer to problems relating to the schooling of disabled children, access to insurance, a lack of public transport facilities and infrastructure and the lack of harmonisation within the EU of the scales used to determine the degree of disability as well as a lack of uniform recognition in the Member States of concessions granted to people with disabilities allowing them access to various services or simply to use designated parking spaces;

2011/05/18
Committee: PETI

2010/2272(INI)

Draft opinion
Paragraph 5

5. Stresses the need for affordable anti- discrimination laws across the full range of policy areas, and the importance of affordable awareness-raising campaigns about the risk of discrimination against the disabled, notably in the work environment; in this connection, points out that in 2007 a petition with 1 364 984 signatures was submitted to the Commission calling for wide-ranging protection to be given to people with disabilities in all the European Union's policies and that the Commission has so far failed to take due account of this legitimate initiative;

2011/05/18
Committee: PETI

2010/2272(INI)

Draft opinion
Paragraph 8

8. Underlines the importance of overcoming problems relating to intra-EU mobility by facilitating and promoting the use of the European disability parking card and by taking the necessary steps towards the introduction of a common European ID card for people with disabilities with the typographic and colour features denoting the type of disability affecting the card- holder concerned;

2011/05/18
Committee: PETI

2010/2272(INI)

Draft opinion
Paragraph 9

9. Stresses the importance of making professional activity possible for people with disabilities, without forgetting those who may need to suspend their employment for certain periods owing to the nature of their ~~illness or disease~~disability, and underlines the importance of flexicurity and lifelong learning;

2011/05/18
Committee: PETI

2010/2052(INI)

Motion for a resolution
Recital F

F. whereas groups of people who are particularly vulnerable because of their mental or physical disabilities, age or credulity need special protection, and those taking advantage of such groups must be identified immediately,

2010/10/21
Committee: IMCO

2010/2052(INI)

Motion for a resolution
Paragraph 10

10. ~~Deplores the development of ‘hidden’ internet advertising that is not covered by the UCPD (C2C relationships), in the form of~~Maintains that comments posted on social networks, forums and blogs in connection with commercial products or services come within the sphere of freedom of expression, to which every individual has an inviolable right, provided that the commntent~~s posted on social networks, forums and blogs, the content of which is difficult to distinguish fr~~ does not undermine anyone else’s dignity, privacy or rights and is not contrary to the rules of fair competition or the legitimate interests of the firms to which such com me~~re opinion~~nts refer, even indirectly;

2010/10/21
Committee: IMCO

2010/2052(INI)

Motion for a resolution
Paragraph 11

11. Suggests that the Member States encourage ~~the emergence of forum observers/moderators who are alert to the dangers of hidden advertising~~campaigns aimed at alerting at- risk groups to the danger that forums, blogs and social networks may be misused to post information surreptitiously distorting the market, and at promoting informed rather than passive use of such means of communication;

2010/10/21
Committee: IMCO

2010/2052(INI)

Motion for a resolution
Paragraph 12

12. Voices its concern about the routine use of behavioural advertising and the development of intrusive advertising practices (such as reading the content of emails, using social networks and geolocation, and retargeted advertising), where these may undermine a person's dignity or privacy or be contrary to the rules of fair competition between firms;

2010/10/21
Committee: IMCO

2010/2052(INI)

Motion for a resolution
Paragraph 15

15. Stresses the need for consumers to be duly informed ~~fully~~ when they accept advertising in exchange for discounts based on behavioural marketing techniques;

2010/10/21
Committee: IMCO

2010/2052(INI)

Motion for a resolution
Paragraph 16 – indent 2

– ~~prohibit the systematic, indiscriminate sending of~~give users the option of stating that they do not agree to receive text message advertisements ~~to all~~on their mobile phone ~~users~~s when the latter are within the coverage area of an advertising poster equipped with Bluetooth technology ~~without their prior consent~~and lay down rules governing that option;

2010/10/21
Committee: IMCO

2010/2052(INI)

Motion for a resolution
Paragraph 16 – indent 4

– require advertisements sent by e-mail to ~~contain~~include an automatic link enabling the recipient to ~~refuse all~~unsubscribe from the mailing list for further advertising messages;

2010/10/21
Committee: IMCO

2010/2052(INI)

Motion for a resolution
Paragraph 16 – indent 6

– encourage the use of default settings – for computer systems sold to the public and for social networking services – that meet the strictest data protection standards, promoting the authentication of first-time users so that they can be identified by the relevant authorities in the event that the service in question is misused in breach of the law, and only in that event;

2010/10/21
Committee: IMCO

2010/2052(INI)

Motion for a resolution
Paragraph 16 – indent 8

– restrict online alcohol advertising to the websites of industry professionals, ~~local authorities and tourist offices,~~ while prohibiting intrusive advertising practices;

2010/10/21
Committee: IMCO

2010/2052(INI)

Motion for a resolution
Paragraph 17 a (new)

17a. Calls on the Commission to propose extremely stringent measures against forms of online communication and advertising that may – surreptitiously or otherwise – promote child pornography or facilitate the online grooming of minors for sexual purposes, including in the context of the current review of Directive 2006/24/EC;

2010/10/21
Committee: IMCO

2010/2052(INI)

Motion for a resolution
Paragraph 18

18. Calls ~~for children’s specific interests to be free from targeted advertising~~on the Member States to regulate the techniques used in advertising that targets children’s specific interests, having due regard to the distinctive features of child development and the associated psychological, social and behavioural dynamics, which may vary from state to state;

2010/10/21
Committee: IMCO

2010/2052(INI)

Tiziano MOTTI, Antonio CANCIAN

Motion for a resolution
Paragraph 20 – indent 2

– devise information campaigns on consumers’ rights in respect of advertising, including the use of their personal data, and to develop educational material explaining how they can protect their privacy on the internet and what they can do to put a stop to any situation that undermines their privacy or dignity;

2010/10/21
Committee: IMCO

2010/0383(COD)

Proposal for a regulation
Article 20 – paragraph 1

1. An employer may bring proceedings only in the courts of the Member State ~~in which the employee is domiciled.~~ which is competent in accordance with the employment contract signed by the employer and the employee. The choice of the court having jurisdiction in the Member State, as above, must take account of the difficulties encountered by small and medium-sized enterprises in bringing legal proceedings outside the territory in which their enterprise is based.

2011/10/19
Committee: JURI

2010/0273(COD)

Proposal for a directive
Recital 13

(13) Significant gaps and differences in Member States’ laws in the area of attacks against information systems area may hamper the fight against organised crime and terrorism, and may complicate effective police and judicial cooperation in this area. The transnational and borderless nature of modern information systems means that attacks against such systems have a trans-border dimension, thus underlining the urgent need for further action to approximate criminal legislation in this area. Besides that, the coordination of prosecution of cases of attacks against information systems should be facilitated by the adoption of Council Framework Decision 2009/948/JHA on prevention and settlement of conflict of jurisdiction in criminal proceedings. There is, moreover, an urgent need to carry into effect the European Parliament declaration of 23 June 2010 on setting up a European early warning system (EWS) for paedophiles and sex offenders1; _______________ 1 OJ C 236 E, 12.8.2011, p.152

2012/01/27
Committee: LIBE

2010/0252(COD)

Proposal for a decision
Recital 25 a (new)

(25a) None of the provisions of this Decision should prejudice the protection afforded to market players by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services1. ______________ 1 OJ L 337, 18.12.2009, p. 37.

2011/03/07
Committee: IMCO

2010/0252(COD)

Proposal for a decision
Article 5 – paragraph 3 a (new)

3a. Where Member States wish to adopt one of the measures under paragraph 2, they shall do so in accordance with the conditions resulting from implementation of Article 6 of Directive 2002/20/EC (Authorisation Directive) and in accordance with the procedures under Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services1. ________________________ 1 OJ L 337, 18.12.2009, p. 37.

2011/03/07
Committee: IMCO

2010/0252(COD)

Proposal for a decision
Article 6 – paragraph 6

6. If necessary, the Commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the Union including the most remote areas with a broadband offering enabling Internet access ~~at a comparable price to terrestrial offerings~~.

2011/03/07
Committee: IMCO

2010/0252(COD)

Proposal for a decision
Article 8 – paragraph 1

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 35 GHz.

2011/03/07
Committee: IMCO

2010/0252(COD)

Proposal for a decision
Recital 25 a (new)

(25a) Nothing in this Decision is intended to detract from the protection afforded to economic operators by the Directive 2009/140/EC, amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communication networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services.

2011/03/14
Committee: ITRE

2010/0252(COD)

Proposal for a decision
Article 5 – paragraph 3 a (new)

3a. Where Members States wish to adopt any such measures as are contemplated by paragraph 2, they shall do so by the imposition of conditions pursuant to Article 6 of the Authorisation Directive, in conformity with the procedures for the imposition or variation of such conditions laid down in the Directive 2009/140/EC, amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services.

2011/03/14
Committee: ITRE

2010/0252(COD)

Proposal for a decision
Article 6 – paragraph 6

6. If necessary, the Commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the Union including the most remote areas with a broadband offering enabling Internet access ~~at a comparable price to terrestrial offerings~~.

2011/03/14
Committee: ITRE

2010/0252(COD)

Proposal for a decision
Article 8 – paragraph 1

1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 35 GHz.

2011/03/14
Committee: ITRE

2010/0064(COD)

Proposal for a directive
Recital 8

(8) Investigating offences ~~and~~, bringing charges in criminal proceedings and identifying the offender should be facilitated, to take into account the difficulty for child victims of denouncing abuse ~~and the anonymity of offenders in cyberspace~~; the anonymity of offenders in cyberspace must not be allowed to obstruct investigations and prevent the offender from being traced without delay. Member States should therefore take steps to ensure that cyberspace users remain anonymous in public but may be identified immediately in the event of an offence being committed, in particular in the online spaces in which there is the highest risk of grooming, such as social networks, forums, social platforms and blogs. To ensure successful investigations and prosecutions of the offences referred to in this Directive, effective investigation tools should be made available to those responsible for the investigation and prosecutions of such offences. These tools may include covert operations, interception of communications, covert surveillance including electronic surveillance, monitoring of bank accounts or other financial investigations.

2010/10/06
Committee: FEMM

2010/0064(COD)

Proposal for a directive
Recital 9 a (new)

(9a) Member States should foster open dialogue and communication with countries outside the Union and work in a collaborative manner to ensure that offenders from the Union who travel outside its borders for purposes of sex tourism are, wherever possible, dealt with in a manner equivalent to that used for child abusers in their Member State of origin.

2010/10/06
Committee: FEMM

2010/0064(COD)

Proposal for a directive
Recital 11

(11) To prevent and minimise recidivism, offenders should be subject to an assessment of the danger posed by the offenders and the possible risks of repetition of sexual offences against children, and should have access to effective intervention programmes or measures, including of an irreversible nature, on a voluntary basis.

2010/10/06
Committee: FEMM

2010/0064(COD)

Proposal for a directive
Article 3 – paragraph 2

2. Causing, for sexual purposes, a child who has not reached the age of sexual consent under national law to witness sexual abuse or sexual activities, even without having to participate, shall be punishable by a maximum term of imprisonment of at least two years and a ban on engaging in occupations involving any form of contact with children.

2010/10/06
Committee: FEMM

2010/0064(COD)

Proposal for a directive
Recital 8 a (new)

Effective investigation tools and full cross-border cooperation to ensure rapid and efficient access to criminal records and international child abuse databases should be made available to those responsible for the investigation and prosecution of such offences, since children are entitled, as confirmed by the European Court of Human Rights, to State protection, in the form of effective deterrence, from such grave types of interference with essential aspects of their private lives. Such tools may include rapid detection of data traceable to internet users, in particular in the online spaces where grooming is most likely to take place and which guarantee users public anonymity, interception of communications, covert surveillance including electronic surveillance, monitoring of bank accounts or transfers or other financial investigations, taking into account the principle of proportionality and subject to judicial review.

2011/01/19
Committee: LIBE

2010/0064(COD)

Proposal for a directive
Article 3 – paragraph 3

3. Engaging in sexual activities with a child who has not reached the age of sexual consent under national law shall be punishable by a maximum term of imprisonment of at least five years and a ban on engaging in occupations involving any form of contact with children.

2010/10/06
Committee: FEMM

2010/0064(COD)

Proposal for a directive
Article 3 – paragraph 4 – point i

(i) abuse is made of a recognised position of trust, authority or influence over the child shall be punishable by a maximum term of imprisonment of at least eight ~~years; or~~years and a ban on engaging in occupations involving any form of contact with children. In the case of parents who have abused their children, the sentence shall be adequate to protect the children against any repetition of the offence;

2010/10/06
Committee: FEMM

2010/0064(COD)

Proposal for a directive
Article 3 – paragraph 4 – point ii

(ii) abuse is made of a particularly vulnerable situation of the child, notably because of a mental or physical disability or a situation of dependence shall be punishable by a maximum term of imprisonment of at least eight years~~; or~~ and a ban on engaging in occupations involving any form of contact with children;

2010/10/06
Committee: FEMM

2010/0064(COD)

Proposal for a directive
Article 3 – paragraph 4 – point iii

(iii) use is made of coercion, force or threats shall be punishable by a maximum term of imprisonment of at least ten years and a ban on engaging in occupations involving any form of contact with children.

2010/10/06
Committee: FEMM

2010/0064(COD)

Proposal for a directive
Article 3 – paragraph 5

5. Coercing a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least ten years and a ban on engaging in occupations involving any form of contact with children.

2010/10/06
Committee: FEMM

2010/0064(COD)

Proposal for a directive
Article 4 – paragraph 2

2. Causing a child to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least two years. and a ban on engaging in occupations involving any form of contact with children.

2010/10/06
Committee: FEMM

2010/0064(COD)

Proposal for a directive
Article 4 – paragraph 3

3. Profiting from or otherwise exploiting a child participating in pornographic performances shall be punishable by a maximum term of imprisonment of at least two years and a ban on engaging in occupations involving any form of contact with children.

2010/10/06
Committee: FEMM

2010/0064(COD)

Proposal for a directive
Article 4 – paragraph 4

4. Knowingly attending pornographic performances involving the participation of children shall be punishable by a maximum term of imprisonment of at least two years and a ban on engaging in occupations involving any form of contact with children.

2010/10/06
Committee: FEMM

2010/0064(COD)

Proposal for a directive
Article 4 – paragraph 5

5. Recruiting a child to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least five years and a ban on engaging in occupations involving any form of contact with children.

2010/10/06
Committee: FEMM

2010/0064(COD)

Proposal for a directive
Article 4 – paragraph 6

6. Causing a child to participate in child prostitution shall be punishable by a maximum term of imprisonment of at least five years and a ban on engaging in occupations involving any form of contact with children.

2010/10/06
Committee: FEMM

2010/0064(COD)

Proposal for a directive
Article 4 – paragraph 7

7. Profiting from or otherwise exploiting a child participating in child prostitution shall be punishable by a maximum term of imprisonment of at least five years and a ban on engaging in occupations involving any form of contact with children.

2010/10/06
Committee: FEMM

2010/0064(COD)

Proposal for a directive
Article 4 – paragraph 8

8. Engaging in sexual activities with a child, where recourse is made to child prostitution shall be punishable by a maximum term of imprisonment of at least five years and a ban on engaging in occupations involving any form of contact with children.

2010/10/06
Committee: FEMM

2010/0064(COD)

Proposal for a directive
Article 4 – paragraph 9

9. Coercing a child to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least eight years and a ban on engaging in occupations involving any form of contact with children.

2010/10/06
Committee: FEMM

2010/0064(COD)

Proposal for a directive
Article 4 – paragraph 10

10. Recruiting a child to participate in child prostitution shall be punishable by a maximum term of imprisonment of at least eight years and a ban on engaging in occupations involving any form of contact with children.

2010/10/06
Committee: FEMM

2010/0064(COD)

Proposal for a directive
Article 4 – paragraph 11

11. Coercing a child into child prostitution shall be punishable by a maximum term of imprisonment of at least ten years and a ban on engaging in occupations involving any form of contact with children.

2010/10/06
Committee: FEMM

2010/0064(COD)

Proposal for a directive
Article 14 – paragraph 4

4. Member States shall take the necessary measures to enable investigative units or services to attempt to identify without delay the victims of the offences referred to in Articles 3 to 7, in particular by analysing child pornography material, such as photographs and audiovisual recordings transmitted or made available by means of information and communication technology.

2010/10/06
Committee: FEMM

2010/0064(COD)

Proposal for a directive
Article 14 – paragraph 4 – subparagraph 1 a (new)

In line with action to combat terrorism, monitoring and prevention measures should be taken vis-à-vis perpetrators of offences within the meaning of Articles 3 to 7 of this Directive. To that end, the Commission shall look into the feasibility of establishing a European early warning system (EWS) to coordinate anti-cyber crime activities conducted by Member State authorities and prevent offences by paedophiles and sex offenders, as called for by the European Parliament in its resolution of 23 June 2010 on setting up a European early warning system (EWS) for paedophiles and sex offenders1, which was adopted by an absolute majority. ____ 1 Texts adopted, P7_TA(2010)0247.

2010/10/06
Committee: FEMM

2010/0064(COD)

Proposal for a directive
Article 17 – paragraph 2

2. Member States shall enintroduce preventive measures that, where the age of a person subject to the offences referred to in Articles 3 to 7 is uncertain and there are reasons to believe that the person is a child, the person is presumed to be a child in order to receive immediate access to assistance, support and protection in accordance with Article 18 and 19, po protect children. These shall include: (i) campaigns to raise awareness of and teach people how to recognise the signs of child sex abuse in both online and offline environments. The general public should be provided with information and support in order to help people to protect children; (ii) awareness-raising programmes in schools and children's activity groups, to educate children to recognise and avoid high-risk situations; (iii) measures to ensure that internet social networking services include a ‘panic button’ application so that children may alert the relevant authorities to any inappropriate sexual behaviour, since grooming of children on the internet, via chat rooms and social networking sites, is on the increase; to this end, clear and coherent follow-up procedures laying down whom the report will go to, how it will be processed and what support and assistance will be given to the child need to be put in place; (iv) robust criminal checks for all types of employment, whether paid or voluntary, which involve contact with children and young people below the age of 18; (v) measures exploring the possibility of implemendting ~~verification of the age.~~ a ‘red alert’ system whereby information/data on the most dangerous child sex offenders is communicated between Member States as the offender travels through the EU; this information/data shall be subject to all current EU and national data protection laws.

2010/10/06
Committee: FEMM

2010/0064(COD)

Proposal for a directive
Article 3 – paragraph 2

2. Causing, for sexual purposes, a child who has not reached the age of sexual consent under national law to witness sexual abuse or sexual activities, even without having to participate, shall be punishable by a maximum term of imprisonment of at least two years and a ban on engaging in occupations involving any form of contact with children.

2011/01/19
Committee: LIBE

2010/0064(COD)

Proposal for a directive
Article 3 – paragraph 3

3. Engaging in sexual activities with a child who has not reached the age of sexual consent under national law shall be punishable by a maximum term of imprisonment of at least five years and a ban on engaging in occupations involving any form of contact with children.

2011/01/19
Committee: LIBE

2010/0064(COD)

Proposal for a directive
Article 3 – paragraph 4 – point iii

(iii) use is made of coercion, force or threats shall be punishable by a maximum term of imprisonment of at least ten years and a ban on engaging in occupations involving any form of contact with children.

2011/01/19
Committee: LIBE

2010/0064(COD)

Proposal for a directive
Article 3 – paragraph 5

5. Coercing a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least ten years and a ban on engaging in occupations involving any form of contact with children.

2011/01/19
Committee: LIBE

2010/0064(COD)

Proposal for a directive
Article 4 – paragraph 2

2. Causing a child to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least two years and a ban on engaging in occupations involving any form of contact with children.

2011/01/19
Committee: LIBE

2010/0064(COD)

Proposal for a directive
Article 4 – paragraph 3

3. Profiting from or otherwise exploiting a child participating in pornographic performances shall be punishable by a maximum term of imprisonment of at least two years. and a ban on engaging in occupations involving any form of contact with children.

2011/01/19
Committee: LIBE

2010/0064(COD)

Proposal for a directive
Article 4 – paragraph 4

4. ~~Knowingly attend~~Causing a child to participate ing pornographic performances ~~involving the participation of children~~ shall be punishable by a maximum term of imprisonment of at least two years and a ban on engaging in occupations involving any form of contact with children.

2011/01/19
Committee: LIBE

2010/0064(COD)

Proposal for a directive
Article 4 – paragraph 5

5. Recruiting a child to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least five years and a ban on engaging in occupations involving any form of contact with children.

2011/01/19
Committee: LIBE

2010/0064(COD)

Proposal for a directive
Article 4 – paragraph 6

6. Causing a child to participate in child prostitution shall be punishable by a maximum term of imprisonment of at least five years and a ban on engaging in occupations involving any form of contact with children.

2011/01/19
Committee: LIBE

2010/0064(COD)

Proposal for a directive
Article 4 – paragraph 7

7. Profiting from or otherwise exploiting a child participating in child prostitution shall be punishable by a maximum term of imprisonment of at least five years and a ban on engaging in occupations involving any form of contact with children.

2011/01/19
Committee: LIBE

2010/0064(COD)

Proposal for a directive
Article 4 – paragraph 8

8. Engaging in sexual activities with a child, where recourse is made to child prostitution shall be punishable by a maximum term of imprisonment of at least five years and a ban on engaging in occupations involving any form of contact with children.

2011/01/19
Committee: LIBE

2010/0064(COD)

Proposal for a directive
Article 4 – paragraph 9

9. Coercing a child to participate in pornographic performances shall be punishable by a maximum term of imprisonment of at least eight years and a ban on engaging in occupations involving any form of contact with children.

2011/01/19
Committee: LIBE

2010/0064(COD)

Proposal for a directive
Article 4 – paragraph 10

10. Recruiting a child to participate in child prostitution shall be punishable by a maximum term of imprisonment of at least eight years and a ban on engaging in occupations involving any form of contact with children.

2011/01/19
Committee: LIBE

2010/0064(COD)

Proposal for a directive
Article 4 – paragraph 11

11. Coercing a child into child prostitution shall be punishable by a maximum term of imprisonment of at least ten years and a ban on engaging in occupations involving any form of contact with children.

2011/01/19
Committee: LIBE

2010/0064(COD)

Proposal for a directive
Article 21 – paragraph 1

1. Member States shall take the necessary measures to ~~obtain the blocking of access by Internet users~~ ensure the secure and timely taking down of web pages containing or disseminating child pornography. Pending th~~eir territory to Internet pages containing or disseminating child pornography. The blocking of access shall be subject to adequate safeguards, in particular to ensure that the blocking is~~at taking-down, Member States shall take steps to ensure that access to the web pages containing or disseminating child pornography is blocked to users on their territory. The blocking of access must satisfy the relevant technical characteristics and be limited to wh~~at is~~ere necessary~~, that users are informed of the reason for the blocking and that content providers, as far as possible, are inform~~. The Commission and Member States shall coordinate rapid intervention (European Early Warning System) by the public authorities of the Member States in cases where the host website server or search engine is located ofn the ~~possibility of challenging it~~territory of a Member State other than the one in which the case was reported.

2011/01/19
Committee: LIBE

2009/2137(INI)

Motion for a resolution
Recital B

BA. whereas it is in their role as consumers ~~that most EU citizens experience the internal market on a daily basi~~, but also as businesspeople and employees of companies producing products and providing services, that most EU citizens experience the internal market on a daily basis, and whereas the relations between them should be based on mutual fairness,

2010/02/04
Committee: IMCO

2009/2137(INI)

Motion for a resolution
Recital D

D. whereas an internal and service market that responds efficiently to consumer demands also helps to deliver a more innovative and healthy economy, given that efficient and responsive consumer markets across the economy are key drivers of competitiveness and citizens’ welfare, if accompanied by reasonable bureaucratic pressure on businesses,

2010/02/04
Committee: IMCO

2009/2137(INI)

Motion for a resolution
Recital E

E. whereas a well-functioning internal market should offer consumers a wider choice of high-quality products and services at competitive prices and, at the same time, a high level of consumer protection,

2010/02/04
Committee: IMCO

2009/2137(INI)

Motion for a resolution
Recital I

I. whereas consumers ~~have a right to compensation~~must be able to assert their rights when they are affected by illegal practices, ~~but in practice they face substantial barriers in bringing such cases to court due to high costs, long and complex procedures and the risks associated with litigation~~whether these are perpetrated by the private sector or the public authorities,

2010/02/04
Committee: IMCO

2009/2137(INI)

Motion for a resolution
Paragraph 5

5. Emphasises that consumers should be able to make informed choices, without being subject to psychological conditioning by producers making tendentious or untruthful claims about products, as this generates greater competition among traders to raise the quality of the goods and services they provide and to keep prices at competitive levels;

2010/02/04
Committee: IMCO

2009/2137(INI)

Motion for a resolution
Paragraph 6

6. Reiterates that consumer organisations have a crucial role to play in alerting public authorities to the problems consumers experience in their daily lives and that they instruments at their disposal should be ~~support~~improved in order to improve their capacity to act effectively at EU and national level; calls on Member States to ensure that consumer organisations are adequately consulted at all stages of decision-making process and in the implementation of consumer law;

2010/02/04
Committee: IMCO

2009/2137(INI)

Motion for a resolution
Paragraph 7

7. Calls on the Commission and the Member States to strengthen consumer awareness and education in order to empower consumers; encourages Member States to ~~include consumer aspects in their national curricula to equip children with the necessary skills to take complex decisions later in life~~ensure that clear and intelligible information is provided even to the very young, particularly for products and services aimed at them, so as to enable them to become informed consumers; recalls that educated consumers who are aware of their rights and know where to turn in the event of non-compliance are also important for detecting non-compliant behaviour;

2010/02/04
Committee: IMCO

2009/2137(INI)

Motion for a resolution
Paragraph 8

8. Urges the Commission and the Member States to launch a well-targeted communication strategy in order to raise awareness amongst EU citizens of the risks of exposure and their rights as consumers, in particular by putting in place user- friendly web portals, awareness-raising campaigns and information points at local, regional and national level; stresses the need to use specific communication channels to reach the most vulnerable consumers, by ensuring the reliability, credibility and impartiality of the organisations responsible for the management and organisation of communications media;

2010/02/04
Committee: IMCO

2009/2137(INI)

Motion for a resolution
Paragraph 9

9. Reaffirms that the Scoreboard is an important tool to better monitor the consumer markets with a view to providing information useful in ensuring better policymaking and regulation but also to demonstrate to citizens that their concerns are duly taken into account;

2010/02/04
Committee: IMCO

2009/2137(INI)

Motion for a resolution
Paragraph 10

10. Welcomes the five main indicators in the Scoreboard - complaints, prices, satisfaction, switching and safety - which are ~~crucial~~important in identifying which markets have the greatest risk of malfunctioning in terms of economic and social outcomes for consumers;

2010/02/04
Committee: IMCO

2009/2137(INI)

Motion for a resolution
Paragraph 11

11. Acknowledges that, although the five indicators do not capture all aspects of the consumer environment, they provide a sufficient basis to set priorities and draw conclusions as to where further analysis is needed, provided that the information provided by Member States is comprehensive and can be compiled on an easily comparable basis;

2010/02/04
Committee: IMCO

2009/2137(INI)

Motion for a resolution
Paragraph 13

13. Suggests that, in the future, the Commission develop indicators relating to market shares, quality, advertising, transparency and comparability of offers, as well as indicators related to enforcement ~~(including data on inspections, non- compliance notifications, court cases),~~ consumer empowerment (skills, assertiveness, education, information), coverage of consumer issues in the media, and indicators to measure redress and consumer detriment; believes that the new indicators should be included in the Scoreboard when a satisfactory level of development of the five basic indicators is reached; considers,

2010/02/04
Committee: IMCO

2009/2137(INI)

Motion for a resolution
Paragraph 15

15. Is aware that consumers are less satisfied and experience more problems with services than goods which partly reflects the greater complexity in the contractual relations and delivery of services compared to goods; calls on the Commission to carry out in-depth analyses of all problematic sectors such as energy, transport and banking services and make specific policy recommendations, in particular with a view to encouraging mobility among young people in Europe, by making it easier for them to use banking and transport services when they are studying or undertaking traineeships abroad;

2010/02/04
Committee: IMCO

2009/2137(INI)

Motion for a resolution
Paragraph 29

29. Takes the view that the Scoreboard, once backed up by reliable and easily comparable data for the 27 Member States, should serve as a rich source of comparative data for national policymakers in competition, consumer and other policy areas and should help them indentify at national level the markets that do not function well for consumers;

2010/02/04
Committee: IMCO

2009/2137(INI)

Motion for a resolution
Paragraph 32

32. Asks the Commission to develop, with the support of the Member States, a strategy to communicate the Scoreboard better to a wider audience, inter alia by ensuring that it is easily accessible and visible on relevant websites and to promote its proper dissemination to the media, national authorities, consumer organisations and other stakeholders; considers that it is necessary to continue the annual publication of the Scoreboard in a brochure and make it available in all official EU languages; calls on the Commission and Member States to take appropriate steps to promote the use by European citizens of the website ‘eYou Guide’, which was specially set up by the Commission as a guide to citizens’ rights;

2010/02/04
Committee: IMCO

2009/2137(INI)

Motion for a resolution
Paragraph 38

38. Encourages ~~the establishment~~cooperation in all Member States ~~of independent~~between existing consumer protection agencies ~~with full power~~and associations to bring proceedings before national courts in order to protect the interests of consumers;

2010/02/04
Committee: IMCO

2009/2137(INI)

Motion for a resolution
Paragraph 39

39. Shares the Commission’s view that alternative dispute resolution mechanisms such as mediation and arbitration or out-of- court settlements, can be an expedient and attractive option for consumers who have been unsuccessful in informally resolving their dispute with a trader; urges Member States to encourage the development of alternative dispute resolution mechanisms to enhance the level of consumer protection and maximise compliance with legislation, but emphasises that such mechanisms should complement and not substitute judicial or administrative means of enforcement; considers also that the setting of fixed deadlines for replies from the various agencies and undertakings in respect of the various practices reported could provide an important basis for helping consumers who plan to take action to resolve a dispute;

2010/02/04
Committee: IMCO

2009/2137(INI)

Motion for a resolution
Paragraph 39

39. Shares the Commission’s view that alternative dispute resolution mechanisms such as mediation and arbitration or out-of- court settlements, can be an expedient and attractive option for consumers who have been unsuccessful in informally resolving their dispute with a trader; or a public authority, urges Member States to encourage the development of alternative dispute resolution mechanisms to enhance the level of consumer protection and maximise compliance with legislation, but emphasises that such mechanisms should complement and not substitute judicial or administrative means of enforcement;

2010/02/04
Committee: IMCO

2009/0076(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point f

(f) 'substance of concern' means any substance, other than the active substance, which has an inherent capacity to cause an adverse effect ~~on humans~~, immediately or in the more distant future on humans, especially children, animals or the environment and is present or is produced in a biocidal product in sufficient concentration to present risks of such an effect;

2010/03/18
Committee: ENVI

2009/0076(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point g

(g) 'harmful organism' means organisms, including pathogenic agents, which have an unwanted presence or a detrimental effect ~~on humans, their~~immediately or in the more distant future on humans, especially children, human activities or the products they use or produce, or on animals or the environment;

2010/03/18
Committee: ENVI

2009/0076(COD)

Proposal for a regulation
Article 21 – paragraph 3 – point a

a) for the uses specified in the application, another authorised biocidal product or a non-chemical control or prevention method already exists which presents significantly lower risk ~~for human or animal health~~ immediately or in the more distant future for the health of human beings, especially children, or animals or for the environment;

2010/04/08
Committee: ENVI

2009/0076(COD)

Proposal for a regulation
Article 44 – paragraph 3 – point c

(c) it is either the same or equivalent in terms of the potential adverse impact, whether occurring immediately or with a time lag, on the safety of the product with regard to human orhealth, with particular reference to children, animal health, or the environment. Or.. it

2010/03/19
Committee: ENVI

2009/0076(COD)

Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 2

In the case of scientific research and development, the person who intends to carry out the experiment or the test shall notify the competent authority prior to the start. The person shall draw up and maintain written records detailing the identity of the biocidal product or active substance, labelling data, quantities supplied and the names and addresses of those persons receiving the biocidal product or active substance, and shall compile a dossier containing all available data on possible ~~effects on human or~~immediate or long-term effects on human health, with particular reference to children, animal health, or the impact on the environment. The persons concerned shall, if requested, make this information available to the competent authority. It would seem appropriate to highlight the fact that children are more vulnerable to harmful products than adults, on whom the proposal for a regulation is basing tolerance criteria. Children are often to be found - unbeknown to themselves - in places which have been sprayed with biocidal products and pesticides, and show reactions – immediately or in the longer term – which are directly or indirectly attributable to the harmful substancesOr. it Justification.

2010/03/19
Committee: ENVI

2009/0076(COD)

Proposal for a regulation
Article 46 – paragraph 3 – subparagraph 2

If the proposed experiments or tests referred to in paragraphs 1 and 2 may have harmful effects ~~on human~~, whether occurring immediately or with a time lag, on human health, in particular as regards children, or animal health or any unacceptable adverse effect on the environment, humans, or animals, the competent authority of the Member State concerned may prohibit them or allow them subject to such conditions as it considers necessary to prevent those consequences. The competent authority shall without delay inform the Commission and other competent authorities about such measures.

2010/03/19
Committee: ENVI

2009/0076(COD)

Proposal for a regulation
Article 51 – paragraph 1

1. ~~In order to avoid animal testing~~Given that animal testing should be avoided, testing on vertebrate animals for the purposes of this Regulation shall be undertaken only as a last resort where no alternative solution can be employed without producing an impact on humans or animals. Testing on vertebrate animals shall not be repeated for the purposes of this Regulation.

2010/03/19
Committee: ENVI

2009/0076(COD)

Proposal for a regulation
Article 76 – paragraph 1

Where, on the basedis onf new evidence, a Member State has justifiable grounds to consider that a biocidal product, although satisfying the requirements of this Regulation, constitutes a serious ~~risk to human~~immediate or long-term risk to human health, in particular as regards children, or animal health or to the environment, it may take appropriate provisional measures. The Member State shall without delay inform the Commission and the other Member States thereof and give reasons for its decision based on the new evidence.

2010/03/19
Committee: ENVI

2009/0054(COD)

Proposal for a directive
Article 2 – point 2

(2) ‘public authority’ means any contracting authority, as defined by Directive 2004/18/EC; and by Article 2(1)(a) of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors1; 1 OJ L 134, 30.04.2004, p. 1.

2010/02/18
Committee: ITRE

2009/0054(COD)

Proposal for a directive
Recital 7

(7) One of the priority actions of the “European Economic Recovery Plan” is the reduction of administrative burdens and the promotion of entrepreneurship by, inter alia, ensuring that public authorities pay invoices, including to SMEs, for supplies and services within ~~one month~~the following timescales, to ease liquidity constraints: within 90 days for public authorities; within 30 days for private undertakings where not otherwise agreed between the parties in line with the principle of freedom of contract.

2010/03/10
Committee: IMCO

2009/0054(COD)

Tiziano MOTTI, Amalia SARTORI

Proposal for a directive
Article 3 – paragraph 2 – point a

(a) interest for late payment shall become payable from the da~~y following the date or th~~te on which the payment becomes due eand ~~of the period for payment fixed in the contract~~shall be subject to a progressive rate which shall not exceed 5%;

2010/02/18
Committee: ITRE

2009/0054(COD)

Proposal for a directive
Recital 13

(13) ~~In the interest of consistency of Community legislation,~~Those Directives are intended to ensure the def~~inition of “contracting authorities” in~~fective application of Directives 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public services contracts ~~should apply for the purposes of this Directive.~~ and 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors, and the definition of ‘contracting entities’ given in Article 2 of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors.

2010/03/10
Committee: IMCO

2009/0054(COD)

Tiziano MOTTI, Amalia SARTORI

Proposal for a directive
Article 2 – point 2

2. “public authority” means any contracting authority, as defined by Directive 2004/18/EC and by Article 2(1)(a) of Directive 2004/17/EC;

2010/03/10
Committee: IMCO

2009/0054(COD)

Proposal for a directive
Article 2 – point 2

(2) “pPublic authority” means any contracting authority or entity, as defined by Directive 2004/18/EC and by Article 2(1)(a) of Directive 2004/17/EC;

2010/03/10
Committee: IMCO

2009/0054(COD)

Proposal for a directive
Article 3 – paragraph 2 – point a

(a) interest for late payment shall become payable from the day following the due date for ~~the end of the period for payment fixed in the contract~~payments and shall be subject to a progressive rate of not more than 5% for amounts owed of up to EUR 1 million, decreasing to a maximum of 2% for amounts owed of over EUR 1 million, with a reduction to a maximum of 1% for the outstanding debt balance;

2010/03/10
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Recital 14

(14) An off-premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer, away from business premises, for example at the consumer's home or workplace. In an off- premises, non-commercial context, consumers ~~are under psychological pressure~~could be faced with an unexpected situation in the event of a commercial approach being made, no matter whether they have solicited the trader's visit or not. Furthermore, in order to prevent circumventions of rules when consumers are approached away from business premises, a contract negotiated, for example at the consumer's home but concluded in a shop should be regarded as an off-premises contract.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Recital 16

(16) The definition of durable medium should include ~~in particula~~specific paper documents ~~on paper~~, USB sticks, CD-ROMs, DVDs, memory cards and ~~the~~computer hard drives o~~f the computer on which the electronic mail or a pdf file is stored~~n which files or emails are saved in read-only form. Electronic mail, Internet sites and SMS and MMS messages may be regarded as durable media where the content of the communication between consumer and trader may be saved by the parties.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Recital 17 a (new)

(17a) Member States should take particular care – making use of existing instruments and cooperation with the relevant institutions, national authorities, regulatory bodies and consumer organisations in order to do so – to guard against the risk of commercial transactions being carried out by companies using the Internet as a means of concealing long-term contractual arrangements under the cover of what appear to be free content downloads available from their sites following user registration, given that such practices seriously undermine consumer confidence in the EU single market.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Recital 21

(21) In the case of distance contracts, the information requirements should be adapted to take into account the technical constraints of certain media, such as the restrictions of the number of characters on certain mobile telephone screens or the time constraint on television sales spots. In this case the trader should comply with a minimum set of information requirements and refer the consumer to another source of information, for instance by providing a toll free telephone number or a hypertext link to a webpage of the trader where all of the relevant information is directly available and easily accessible.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Recital 22

(22) Since in the case of distance sales, the consumer is not able to see the good before concluding the contract he should, up until the end of the return period, have a right of withdrawal, which allows him to ascertain the nature and ~~functioning~~quality of the goods and whether they function properly.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Recital 23

(23) The current varying lengths of the withdrawal periods ~~both~~ between the Member States ~~and for~~for both distance and off- premises contracts cause legal uncertainty and ~~compliance~~unnecessary costs. The same withdrawal period should apply to ~~all~~both distance and off-premises contracts. In principle, the withdrawal period should end fourteen days after the date of conclusion of the contract. However, in the case of distance contracts for the sale of goods, the withdrawal period should end fourteen days after the consumer acquires the material possession of the goods.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Recital 30

(30) In the case of valid withdrawal the trader should reimburse all payments ~~received from the consumer, including those covering the expenses born by the trader to deliver goods to the consumer~~the consumer has reasonably made.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Recital 42

(42) When the trader has either refused or has ~~more than once~~ failed to remedy the lack of conformity the consumer should be entitled to choose freely any of the available remedies. The trader's refusal can be either explicit or implicit~~, meaning in the latter case that~~. It is implicit when the trader does not respond or ignores the consumer's request to remedy the lack of conformity. Member States shall identify the legal remedies available to consumers should a trader refuse or fail to remedy the lack of conformity.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 3 – paragraph 2

2. This Directive shall only apply to financial services as regards ~~certain off- premises contracts as provided for by Articles 8 to 20,~~ unfair contract terms as provided for by Articles 30 to 39 and general provisions as provided for by Articles 40 to 46, read in conjunction with Article 4 on full harmonisation.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 5 – paragraph 1 – point - a (new)

1. Prior to the conclusion of any sales or service contract, the trader shall provide the consumer with the following information, if not already apparent from the context: (- a) the fact that it is a sales or service contract, meaning that the intentions of the parties must be established on the basis of this legal arrangement.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 11 a (new)

Article 11a Provisions relating to off-premises and distance contracts With respect to sales contracts concluded after an initial contract, either on a distance or an off-premises basis, between the same trader and consumer, the requirements set out in Article 10 shall be regarded as having been fulfilled where the consumer has had an opportunity personally to see, or to have demonstrated to him, the goods or services which are the subject matter of the transaction or where the formal requirements laid down in Article 10 were complied with during a previous transaction.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 12 – paragraph 2 – subparagraph 2

In the case of a distance ~~contract for the sale of goods~~or off-premises mixed-purpose contract, the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires the material possession of ~~each of the goods ordered~~the good concerned or the day on which the service covered by the mixed-purpose contract is provided (or made available for use) or, in the case of a long-term service, provision of that service commences (or the service is made available for use).

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 16 – paragraph 1

~~1. The trader shall reimburse any payment received from the consumer within thirty days from the day on which he receives the communication of withdrawal.~~deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 16 – paragraph 1 a (new)

1a. The trader shall not be required to reimburse the cost of standard delivery of goods to the consumer. If the consumer has expressly opted for a type of delivery other than standard delivery, the trader shall not be required to reimburse the resulting additional costs.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 16 – paragraph 2

2. For sales contracts, the trader may withhold the reimbursement until he has received or collected the goods back, or the consumer has supplied evidence of having sent back the goods, whichever is the earliest.deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 16 – paragraph 2

2. For sales contracts, the trader may withhold the reimbursement until he has received or collected the goods back, or the consumer has supplied evidence of having sent back the goods, whichever of the two is the earliest.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1

For ~~sales contract~~distance or off-premises contracts for the supply of goods for which the material possession of the goods has been transferred to the consumer or, at his request, to a third party before the expiration of the withdrawal period, the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them, within fourteen days from the day on which he communicates his withdrawal to the trader, unless the trader has offered to collect the goods himself. The consumer shall be charged only for the direct cost of returning the goods if the trader has not agreed with the consumer to bear that cost himself.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 19 – paragraph 1 – point a

(a) services where performance has begun, with the consumer's prior express consent, on a durable medium, before the end of the fourteen day period referred to in Article 12; (either under a sales or service contract or as part of a mixed-purpose service).

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 19 a (new)

Article 19a Conditions and derogations applicable to Member States 1. Member States shall permit the distance and off-premises selling of all type of goods and services without prejudice to: (a) State monopolies within the meaning of the Treaty; (b) licences for the sale of specific goods and services; (c) sales restrictions intended to protect minors; (d) restrictions on teleshopping. 2. By way of derogation from paragraph 1, Member States may place restrictions on the distance and off- premises selling of: (a) arms and ammunition; (b) tobacco products; (c) toxic products, with the exception of detergents. 3. Member States may introduce or maintain, when implementing this Directive on their own territory, restrictions on the distance and off- premises selling of prescription drugs. Any Member State that considers it necessary to maintain a national provision pursuant to Article 36 of the Treaty on the Functioning of the European Union may temporarily suspend distance or off-premises selling of specific products in keeping with the safeguard clause in Article 114(4) to (9) of that Treaty.

2010/10/25
Committee: IMCO

2008/0196(COD)

Article 31 – paragraph 2

2. Contract terms that are irrevocably binding shall be made available to the consumer in ~~a manner which gives him a real opportunity of becoming acquainted with them~~due time before the conclusion of the contract, with due regard to the means of communication used and the method of sale.

2010/10/25
Committee: IMCO

2008/0196(COD)

Article 31 – paragraph 3

3. The trader shall seek the express consent of the consumer to any payment ~~in addition to the remuneration f~~not relating to the provision of goods ore seen for the trader's main contractual obligation. If the trader has not obtained the consumer's express consent but has inferred it by using default options which the consumer is required to reject in order to avoid the additional payment, the consumer shall be entitled to reimbursement of this paymentrvices for which the contract has been concluded. The procedure for the granting of consent shall be established between the consumer and the trader.

2010/10/25
Committee: IMCO

2008/0028(COD)

Proposal for a regulation
Recital 25

(25) Food labels should be clear and understandable to assist consumers wanting to make better-informed food and dietary choices. Studies show that legibility is an important element in maximising the possibility that labelled information can influence its audience and ~~that the small print size is one of the main causes of~~consequently factors such as size, font, colour and contrast should be considered together to ensure consumer ~~dis~~satisfaction with food labels.

2010/01/21
Committee: IMCO

2008/0028(COD)

Proposal for a regulation
Article 14 – paragraph 1

1. Without prejudice to specific Community legislation applicable to particular foods as regards to the requirements referred to in Article 9(1)(a) to (k), when appearing on the package or on the label attached thereto, the mandatory particulars listed in Article 9(1) shall be printed on the package or on the label in characters ofwith a font ~~size of at least 3mm and shall be presented in a way so~~and contrast such as to ren~~sure a significant contrast~~der them legible between the print and background.

2010/01/21
Committee: IMCO

2008/0028(COD)