817 Amendments of Rafał TRZASKOWSKI
Amendment 2 #
2013/2017(BUD)
Draft opinion
Recital A
Recital A
A. aware of the great budgetary difficulty in many Member States and understanding the need to reflect this in the Union budget, points out that budget of the Union provides funds for investment and stimulates growth;
Amendment 4 #
2013/2017(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need for a specific budget line for theinforming about the European elections; calls for the campaign to inform citizens about their electoral rights, drawing attentthe impact of the Union ton the impact of EU on citizens' daily lifeir daily life and the role of the European Parliament as the institution that represents them directly at the European level; stresses the need to make this communication in all languages of the Union;
Amendment 14 #
2013/2017(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Acknowledges the rolStresses the importance of the European political parties for European democracy and condemns as undemocratic any attempt to discriminate economically between such parties; calls for their enhanced role in the European political life, supported by an adequate and fair funding;
Amendment 19 #
2013/2017(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that the administrative costs within the EUnion in times of austerity need to reflect the reality that European citizens live under; approves, therefore, the suggestions of lowering the expenditure on payments for EU staff as proposed by the Councilshould be rationalized and thoroughly examined with a view of finding savings that would not hamper however effectiveness of the Union institutions in implementing tasks assigned to and expected from them.
Amendment 63 #
2013/0213(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
The Commission shall require that the European standard for the semantic data model of the core electronic invoice be technologically neutral, and guarantee personal data protection in accordance with Directive 95/46/EC. This standard should be reviewed no less often than once every three years.
Amendment 83 #
2013/0213(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 4836 months following the entry into force at the latest. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 22 #
2013/0089(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The proprietor of a registered trade mark shall also be entitled to prevent all third parties from bringing goods, in the context of commercial activity, into the customs territory of the Member State where the trade mark is registered without being released for free circulation there, where such goods, including packaging, come from third countries and bear without authorization a trade mark which is identical to the trade mark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from that trade mark.
Amendment 34 #
2013/0089(COD)
Proposal for a directive
Article 52 – paragraph 1
Article 52 – paragraph 1
Member States shall ensure that the offices may cooperate with each other and with the Agency in order to promote convergence of practices and tools and achieve coherent results in the examination and registration of trade marks.
Amendment 36 #
2013/0089(COD)
Proposal for a directive
Article 53 – paragraph 1
Article 53 – paragraph 1
Member States shall ensure that the offices may cooperate with the Agency in all areas of their activities other than those referred to in Article 52 which are of relevance for the protection of trade marks in the Union.
Amendment 188 #
2013/0049(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 346 #
2013/0049(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The penalties referred to in paragraph 1 shall have regard to the size of the undertakings and in particular to the situation of small and medium-sized enterpriseannual turnover of the undertakings. The penalties may be increased if the relevant economic operator has previously committed a similar infringement and may include criminal sanctions for serious infringements.
Amendment 1 #
2012/2829(RSP)
Motion for a resolution
Recital B
Recital B
Amendment 10 #
2012/2829(RSP)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 2 #
2012/2223(INI)
- having regard to the decision to resolve the WEU Assembly;
Amendment 8 #
2012/2223(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
(to new paragraph introduced in the draft opinion) 2a. Notes the new strategic concept of NATO in which, in addition to its role as a wartime military alliance, it aims to build its capacity to act as a political and security community, working in partnership with the EU; observes the close similarities between NATO's goals and those laid down in Article 43 TEU (formerly the Petersberg Tasks); warns therefore against the costly duplication of effort and the wasting of resources between the two organisations, and urges much closer regular collaboration between the EU High Representative and the Secretary-General of NATO for the purposes of risk assessment, resource management, policy planning and execution of CSDP operations, both civil and military; Highly regrets that the prospects for the two organisations to cooperate more effectively, especially under the 'Berlin Plus' arrangements are hijacked by a political blockade, calls for an immediate solution of this problem;
Amendment 10 #
2012/2223(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
Amendment 11 #
2012/2223(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out the wide array of instruments available to the Union and the Member States to face exceptional occurrences in a spirit of solidarity, such as the Civil Protection Mechanism, the Solidarity Fund, and the possibility to grant economic and financial support in cases of severe difficulties, as provided for in Article 122 TFEU; also recallsneed for EU to develop further a comprehensive approach to address global threats and challenges drawing on the wide range of instruments at its and the Member States' disposal, including-as the last resort-military means; reminds also of the commitment to develop mutual political solidarity in foreign and security policy in accordance with Article 24 TEU; stresses that the purpose of the mutual defence and solidarity clauses is not to replace any of these instruments, but to complement them in view of situations of extraordinary threat or damage, and in particular when response will require high-level political coordination and the involvement of the military;
Amendment 12 #
2012/2223(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Reminds the Member States of their unequivocal obligation pursuant to Article 42.7 TUE of aid and assistance by all the means in their power if a Member State is the victim of armed aggression on its territory; stresses that, while large-scale aggression against a Member State appears improbable in the foreseeable future, both traditional territorial defence and defence against new threats need to remain high on the agenda; recalls also that the Treaty stipulates that, for the EU countries that are members of the North Atlantic Treaty Organisation, NATO remains the foundation of their collective defence and the forum for its implementation, and that commitments and cooperation in the area of mutual defence must be consistent with commitments under NATOrecalls also that the large majority of EU states are members of NATO and that, accordingly, the Union's common security and defence policy must be compatible and consistent with commitments under NATO whiles respecting autonomy of the EU; takes good note of the specific character of the security and defence policies of those EU states which are not members of NATO, but observes nevertheless that the EU's mutual assistance clause should never be activated without having consulted NATO and sought its engagement;
Amendment 15 #
2012/2223(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out, at the same time the, and equally important, the need to prepare for situations involving non-NATO EU Member States or EU Member State territories outside the North Atlantic area, and therefore not covered by the Washington Treaty, or situations where no agreement on collective action is reached within NATO also as to the use of its capabilities as foreseen in the Berlin Plus agreement;
Amendment 18 #
2012/2223(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Reiterates its call for systematic harmonisation of military requirements and a harmonised EU defence planning and acquisition process, matching up to the EU’'s level of ambition and coordinated with the NATO Defence Planning Process; taking into account the increased level of security guarantees provided by the mutual defence clause, encourages the Member States to consider multinational cooperation on capability development and, where appropriate, geographical and role specialisation as core principles of their defence planning;
Amendment 20 #
2012/2223(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the need to prevent any moral hazard, in that someCalling for Members States may be tempted to excessively rely on the solidarity of others while under-investingto invest properly in their own security and disaster response capabilities; emphasise stresses the need to ensure equitable burden sharing among them; emphasises that it is the primary responsibility of Member States forto ensure civil protection and security in their territory;
Amendment 22 #
2012/2223(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Takes the view that the solidarity clause should be invoked in situations that overwhelm the capacities of the affected Member State or require a multi-sector response involving a number of actors; stresses that solidarity also means the obligation to invest in adequate national and European capabilities;
Amendment 24 #
2012/2124(REG)
Parliament's Rules of Procedure
Article 81 – paragraph 1 a (new)
Article 81 – paragraph 1 a (new)
1a. The committee responsible shall deal with the request for consent without undue delay. If the committee responsible has not adopted a recommendation within six months after the request for consent has been referred to it, the Conference of Presidents may either place the matter on the agenda of the next part-session for consideration or, in a duly substantiated case, decide to extend the six-month period.
Amendment 18 #
2012/2103(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 43 #
2012/2103(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls on the Commission to implement and execute in an effective manner EU internal market and competition rules vis-à-vis all energy sector undertakings operating on the territory of the Union; welcomes, in this respect, the recent investigation into anticompetitive behaviour by Gazprom and its European subsidiaries;
Amendment 46 #
2012/2103(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Calls on the Commission to draw up a comprehensive set of short-, medium- and long-term energy policy priorities in relations with its neighbours with view to establishing a common legal area based on the acquis-related principles and norms of the internal energy market;
Amendment 49 #
2012/2103(INI)
Draft opinion
Paragraph 9 c (new)
Paragraph 9 c (new)
9 c. Emphasises the need to tackle the anticipated growth of gas and electricity imports from third countries to the EU in the short and medium term with a view to securing energy supply; reiterates that for some regions and Member States this challenge is closely linked with a single third country gas and oil import dependency; acknowledges that meeting this challenge requires, inter alia, the completion of the single market in energy and a strengthened role for indigenous energy resources such as shale gas;
Amendment 8 #
2012/2080(REG)
Parliament's Rules of Procedure
Article 181 – paragraph 1
Article 181 – paragraph 1
1. A verbatim report of the proceedings of each sitting shall be drawn up in all the official languagesas a multilingual document in which all oral contributions appear in their original language. It shall be translated into English only.
Amendment 10 #
2012/2080(REG)
Parliament's Rules of Procedure
Article 181 – paragraph 3
Article 181 – paragraph 3
3. The multilingual verbatim report and the English translation thereof shall be published as an annex to the Official Journal of the European Union and preserved in the records of Parliament.
Amendment 3 #
2012/2078(INI)
Motion for a resolution
Recital A
Recital A
A. whereas differentiation is a constitutive feature of the process of European integration and a means to allowfacilitate its progress and guarantee substantial respect for the principle of equality, understood as the equal treatment of equal situations and the unequal treatment of unequal situations;
Amendment 5 #
2012/2078(INI)
Motion for a resolution
Recital C
Recital C
C. whereas differentiation must not undermine Union citizenship, which is the fundamental status of Member States' nationals, enabling those who find themselves in the same situation to enjoy, within the scope of the Treaty, the same treatment in law, irrespective of their nationality; (comma)
Amendment 8 #
2012/2078(INI)
Motion for a resolution
Recital E
Recital E
E. whereas differentiation may be resorted to where common action is not possible or rfeachasible;
Amendment 10 #
2012/2078(INI)
Motion for a resolution
Recital F
Recital F
F. whereas differentiation is and should always be embedded in the single institutional framework of the European Union;
Amendment 22 #
2012/2078(INI)
Motion for a resolution
Recital S
Recital S
S. whereas international agreements outside of the Treaties which aim at realising the objectives of the Treaties have been used as an absolute ultima ratio instrument for differentiated integration which has to respect the unity, effectiveness and coherence of the European legal order, having to remain open for all Member States willing to join, and either already integrated or providing for an obligation to integrate the content of the international agreement concerned into the Treaties; (Repetition, included already in paragraphs B, D, G)
Amendment 46 #
2012/2078(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers differentiation as a fundamental meanstool to promote a deeper integration while safeguarding the integrity of the EU, and to achieve a genuine EMU within the Union;
Amendment 54 #
2012/2078(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is of the opinion that differentiation should preferably be done, when possible, within a legal act addressed to all Member States by means of derogations and safeguard clauses, instead of a priori excluding some Member States from the territorial scope of application of a legal act;
Amendment 65 #
2012/2078(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that Article 352 TFEU, which empowers the Council to adopt appropriate measures to attain one of the objectives set out in the Treaties if the Treaties have not provided the necessary powers, can be used in conjunction with Article 20 TEU, thus allowing the activation of the flexibility clause, where unanimous consensus cannot be achieved in the Council through the mechanism of enhanced cooperation; (comma)
Amendment 74 #
2012/2078(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Disagrees with ‘the term 'contractualisation’ of the relationship between the Union and the Member State arrangements' and encourages to find better ways to formally link the funds made available under the competitiveness and convergence instrument (CCI) and the structural reforms, and reiterates that the lack of Union competences and of Union powers can be overcome by using the appropriate procedures or, in absence of an appropriate legal basis, by amending the Treaties;
Amendment 95 #
2012/2078(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Takes the view that the above task, initially for the benefit of a subgroup of Member States, can be assigned to the Commission as an institution of the entire EU, since such assignment is covered by a Union competence and a temporarily limited scope of geographical application does not limit a given Union competence; (comma)
Amendment 101 #
2012/2078(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Is of the opinion that the European Stability Mechanism, as a mechanism covering Member States whose currency is the euro, can be the financial backstop of the SRM, which could cover more Member States than the ESM, providing that a country concerned has fulfilled all its obligations and that insolvent banks are not covered;
Amendment 110 #
2012/2078(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Reiterates its call for the presentation of a legislative proposal to establish a competitiveness and convergence instrument under Article 121(6) TFEU, as an incentive-based mechanism of enhanced economic policy coordination, in particular regarding structural reforms, for all Member States whose currency is the euro which is open to the voluntary participation of non-euro countries;
Amendment 133 #
2012/2078(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Reiterates the call for the gradual roll- over of excessive debt into a redemption fund for the euro area bWelcomes the setting up on 2 July 2013 by the Commission, and following the agreements of the 2-Pack, of an expert group under the chair of Mrs Gertrude Trumpel-Gugerell, which is tasked on the model ofwith thoroughly assessing the Germain Economic Council of Experts; considers Article 352 TFEU to offer a legal basis for the establishment of such a fund for Member States whose currency is the euro, if necessary in conjunction with an enhanced cooperation of these Member Stafeatures of a potential redemption fund and eurobills, including any legal provisions, financial architecture and complementary budgetary frameworks; intends to position itself on these matters after the expert group's report has been presentesd;
Amendment 144 #
2012/2078(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Considers that any future treaty change should affirm differentiated integration as a principle and a means oftool safeguarding unity of the Union;
Amendment 150 #
2012/2078(INI)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Takes the view that a future treaty change may introduce a new tier of associate membership, including a partial integration into specific Union policy areas, as a means to strengthen the European Neighbourhood Policy; (comma)
Amendment 161 #
2012/2078(INI)
Motion for a resolution
Paragraph 53
Paragraph 53
53. Calls for the current Commissioner for Economic and Financial Affairs to be a Treasury Minister and a permanent Vice- President of the Commission;
Amendment 163 #
2012/2078(INI)
Motion for a resolution
Paragraph 54
Paragraph 54
Amendment 165 #
2012/2078(INI)
Motion for a resolution
Paragraph 55
Paragraph 55
Amendment 194 #
2012/2078(INI)
Motion for a resolution
Paragraph 60
Paragraph 60
60. Considers the reversed qualified majority voting in the Fiscal Compact as a merelymore as a political declaration without any legally binding effect on Member Statesthan an effective decision making instrument, and calls insteadtherefore for the integration of this voting rulee RQM into the Treaties and for the modification of, especially in Articles 121, 126 and 148 TFEU, in such a way that the proposals or recommendations submitted by the Commission may enter into force if no objection has been expressed by Parliament or the Council within a certain predefined period, in order to ensure fully-fledged legal certainty36;
Amendment 240 #
2012/2078(INI)
Motion for a resolution
Paragraph 71
Paragraph 71
71. Considers the inclusion of the possibility for the Union to budget for a deficit which shall not exceed a reference value to be specified in the Treaties, together with the establishment of proper mechanisms ensuring the avoidance of an excessive deficit at the European level;
Amendment 75 #
2012/2030(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes, therefore, the Commission's proposed new data protection regulation, and stresses the need to approve and implement a new regulation on the subject in a form that, while protecting privacy and safeguarding fundamental rights, guarantees legal certainty, allows sufficient flexibility to companies to enable them to develop their business without taking on huge costs, while also offering them simplification and reduction of administrative burdens;
Amendment 82 #
2012/2030(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to modernise the legal framework governing intellectual property rights, as to make them suitable for the online reality of the 21st century, by proposing and rapidly implementing the European Strategy for Intellectual Property Rights, and looks forward to its proposals on the matter;
Amendment 102 #
2012/2030(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to ensure that the rules on selective distribution are properly applied, in order to avoid abuses and discrimination;
Amendment 86 #
2012/0340(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The conformity with web-accessibility requirements should be continuously monitored from the initial construction of the public sector bodies' website to all subsequent updates of its content. A harmonised monitoring methodology would cover a way of verifying, on a uniform basis in all Members States, the degree of compliance of the website with the requirements for web-accessibility, the collection of representative samples and the periodicity of the monitoring.. Member States should report annuallyevery two years on the outcome of the monitoring and more generally on the list of actions taken in application of this Directive.
Amendment 91 #
2012/0340(COD)
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) The methodology used to monitor the compliance of the websites concerned with the requirements for web- accessibility on a continuous basis should be issued not later than one year after the adoption of this Directive.
Amendment 107 #
2012/0340(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Member States mayshould extend the application of this Directive to other types of public sector websites than those referred to in paragraph 2websites.
Amendment 115 #
2012/0340(COD)
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
(2) ‘'Content of websites’' means information and user interface components to be communicated to the user by means of a user agent, including code or mark-up that defines the content's structure, presentation, and interactions. Content of websites includes textual as well as non-textual information, the downloading of documents and forms as well as two-way interaction such as the processing of digital forms and the completion of authentication, identification and payment processes. Content of websites also includes functions provided through websites, which are external to the website concerned, for instance, through the use of web-links, on the condition that the external website is the only means by which the information and service is provided to the user. Content also includes social media content embedded in those websites, if possible, as well as authoring tools used to create content in those websites.
Amendment 117 #
2012/0340(COD)
Proposal for a directive
Article 2 – point 2 a (new)
Article 2 – point 2 a (new)
(2a) 'Authoring tools' means any software that can be used to create web content, including user-generated content. Authoring tools include, but are not limited to, web page authoring tools, software to edit source code or markup, software to update portions of web pages (e.g., blogging, wikis, online forums) and so on.
Amendment 122 #
2012/0340(COD)
Proposal for a directive
Article 2 – point 3
Article 2 – point 3
(3) ‘'User agent’' means any software that retrieves and presents website contents for users, including web browsers, media players, plug-ins, and other programs that help in retrieving, rendering, and interacting with website content, regardless of the device used to interact with content. If a mobile device offers the same or an enhanced set of services as the website concerned, this definition shall also apply to the interface and operation of such mobile applications.
Amendment 124 #
2012/0340(COD)
Proposal for a directive
Article 2 – point 8
Article 2 – point 8
(8) ‘'Public sector body’' means the State, regional or local authoritientities performing public tasks. It includes, bodies governed by public law as defined in Article 1 (9) of Directive 2004/18/EC, and associations formed by one or several such authorities or one or several such bodies governed byll entities which were entrusted or assigned by the aforementioned bodies to perform public lawtasks.
Amendment 125 #
2012/0340(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
(8a) 'Websites belonging to public sector bodies' means websites developed, procured, maintained or co-financed by public sector bodies or co-financed by Union funds.
Amendment 136 #
2012/0340(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) in a way which facilitatensures interoperability with a variety of user agents and assistive technologies at Union and international level.
Amendment 139 #
2012/0340(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall apply the provisions of paragraph 1 by 31 DecemberJanuary 2015 at the latest for all new content of websites concerned and by 1 January 20157 at the latest for all legacy content.
Amendment 142 #
2012/0340(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. A two-year transitional period shall be introduced for live broadcasting because of technological reasons.
Amendment 147 #
2012/0340(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. As long as the references of the European standards referred to in paragraph 1 have not yet been determined, the websites concerned that meet the parts of the ISO/IEC 40500: 2012international recommendations WCAG 2.0. covering the Success Criteria and Conformance Requirements for Level AA conformance, shall be presumed to be in conformity with the web-accessibility requirements set out in Article 3.
Amendment 148 #
2012/0340(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall promotensure that the websites concerned provide a statement on their accessibility, in particular on their compliance with this Directive and with possibly additional accessibility information in support to users. A draft model of information concerning accessibility is annexed to this directive.
Amendment 154 #
2012/0340(COD)
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Member States shall promote and support web-accessibility training programmes to key stakeholders, including civil servants and staff of public bodies and authorities and organisations providing basic services to the public to create, manage and update web pages, including their content.
Amendment 159 #
2012/0340(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall cooperate at Union level with relevant industry and civil society stakeholders, including, in particular, representative organisations of persons with disabilities, with facilitation by the Commission, in order to review, for the purpose of the annualevery two years reporting referred to in Article 7(4)a, market and technological developments and progress in web- accessibility and to exchange best practices.
Amendment 165 #
2012/0340(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6a Enforcement body and its tasks 1. Each Member State shall establish or nominate one authority responsible for the enforcement of this Directive and competent to monitor the compliance of websites with the general accessibility requirements set in Article 3 and arrange for such authorities to have and use the necessary human and financial resources and powers to take the appropriate measures incumbent upon them under this Directive. Those competent authorities shall involve organizations representing persons with disabilities. 2. Each Member State shall define the tasks, powers, organization and cooperation arrangements of the competent authorities, in accordance with Article 7, including the possibility for non-governmental organizations and consumer associations representing persons with disabilities to lodge a complaint with these latter in order to challenge any breach of obligation imposed to Member States by this Directive. 3. Member States shall keep the Commission informed about their implementing measures related to paragraph 2, and the Commission shall pass on such information to the other Member States. 4. The enforcement body shall report about the implementation measures related to Article 2 to its national competent authority.
Amendment 169 #
2012/0340(COD)
Proposal for a directive
Article 6 b (new)
Article 6 b (new)
Article 6b Implementing and enforcement measures For the purposes of this Directive, and in particular of Article 1(2) thereof, the competent authorities of the Member States shall be entitled to take, inter alia, the measures listed below, where appropriate: (a) for any website: (i) follow up on a complaint for inaccessibility of a website in a reasonable timeframe (ii) act as a resource centre for public bodies and authorities (iii) train civil servants and staff of public bodies and authorities to accessibility of websites and of web-based services. (iiii) give recommendations to implement this Directive (b) for any websites that fails to provide full accessibility: (i) where the failure to provide full accessibility is compatible with this Directive, to require that it be marked with suitable, clearly worded and easily comprehensible warnings, in the official languages of the Member States in which the website is used, on the barriers to accessibility it may represent.
Amendment 180 #
2012/0340(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The Commission establishes, by way of implementing acts, the methodology for the monitoring of the conformity of the websites concerned with the requirements for web-accessibility as set out in Article 3. That methodology shall be transparent, transferable, comparable and reproducible and it shall be established in close consultation with relevant industry and civil society stakeholders, including, in particular, representative organisations of persons with disabilities. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 9(3). The methodology will be published in the Official Journal of the European Union no later than a year after the adoption of this Directive.
Amendment 183 #
2012/0340(COD)
Proposal for a directive
Article 7 – paragraph 5 – point b a (new)
Article 7 – paragraph 5 – point b a (new)
(ba) in accordance with methodology of research which combines experts analysis with user experience, including users with disabilities.
Amendment 186 #
2012/0340(COD)
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a Reporting 1. Member States shall every two years report to the Commission on the outcome of the monitoring carried out in accordance with Article 7 including in relation to the measurement data and, where appropriate, the list of the websites referred to in Article 1(3). That report shall be made public in readily accessible formats. 2. That report shall also cover the actions carried out pursuant to Article 6 including possible general conclusions drawn by relevant competent authorities on the basis of the monitoring. 3. The arrangements for reporting by Member States to the Commission shall be established by the Commission by way of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 9(2).
Amendment 194 #
2012/0340(COD)
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. In case of the application of Art 3(3) Member States attach a statement to inform website's users what part of the website is still not accessible and why. Member States also communicate this information to the Commission.
Amendment 196 #
2012/0340(COD)
Proposal for a directive
Article 11
Article 11
The Commission shall carry out a review of the application of this Directive within threewo years from its entry into force and shall make the findings of this review public.
Amendment 12 #
2012/0244(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to provide for the single supervisory mechanism, Council Regulation (EU) No …/…3 [127(6) Regulation] confers specific tasks on the ECB concerning policies relating to the prudential supervision of credit institutions in the Member States whose currency is the euro. Other Member States may enter in a close cooperation with the ECB. Under that Regulation, the ECB is to coordinate and express the position of those Member States on the decisions to be taken by the Board of Supervisors of the European Banking Authority (EBA) falling within the scope of the ECB tasks.
Amendment 14 #
2012/0244(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) Bearing in mind that the EBA, in works of which all Member States participate with equal rights, was established with an aim to develop the single rulebook and ensure the coherence of supervisory practices within the EU and given the establishment of the single supervisory mechanism with a leading role of the ECB, the EBA needs to be equipped with adequate instruments, which will enable it to efficiently perform its entrusted tasks concerning the integrity of the single market in the area of financial services.
Amendment 96 #
2012/0244(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to provide for the single supervisory mechanism, Council Regulation (EU) No …/… [127(6) Regulation] confers specific tasks on the ECB concerning policies relating to the prudential supervision of credit institutions in the Member States whose currency is the euro. Other Member States may enter in a close cooperation with the ECB. Under that Regulation, the ECB is to coordinate and express the position of those Member States on the decisions to be taken by the Board of Supervisors of the European Banking Authority (EBA) falling within the scope of the ECB tasks.
Amendment 111 #
2012/0244(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) Bearing in mind that the EBA, in works of which all Member States participate with equal rights, was established with an aim to develop the single rulebook and ensure the coherence of supervisory practices within the EU and given the establishment of the single supervisory mechanism with a leading role of the ECB, the EBA needs to be equipped with adequate instruments, which will enable it to efficiently perform its entrusted tasks concerning the integrity of the single market in the area of financial services.
Amendment 118 #
2012/0244(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In view of the supervisory tasks conferred on the ECB by Council Regulation (EU) No …/….../... [127(6) Regulation], EBA should be able to carry out its tasks also in relation to the ECB. In order to ensure that existing mechanisms for settlement of disagreements and actions in emergency situations remain effective, a specificcommon procedure, binding for all competent authorities, should be provided for. In particular, if the competent authority, including the ECB, does not comply with an action by EBA to settle a disagreement or to address an emergency situation, it should be required to explain its reasons. In that case, whenever based on requirements set out in directly applicable Union law EBA can adopt an individual decision addressed to the financial institution concerned, it should do so.
Amendment 123 #
2012/0244(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) The mandate of the EBA to settle disagreements, involving the ECB with regard to cases concerning prudential supervision, can be inferred from the fact that both the establishment of the EBA and the conferment of specific supervisory tasks on the ECB have been introduced through secondary law.
Amendment 127 #
2012/0244(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In order to ensure that interests of all Member States are adequately taken into account and to allow for the proper functioning of the EBA with a view to maintain and deepen the internal market in the field of financial services, the voting modalities within the Board of Supervisors should be adapted, in particularboth with regard to decisions taken by the EBA at simple majority and decisions taken at qualified majority.
Amendment 136 #
2012/0244(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Decisions concerning breaches of Union law and settlement of disagreements should be examined by an independent panel composed of voting members of the Board of Supervisors which do not have any conflicts of interest, appointed by the Board of Supervisors. The decisions proposed by the panel to the Board of Supervisors should be considered as adopted uonless rejected by a simple majority, which should include an adequate number of votes from members from Member Sy if accepted by the Board of Supervisors at simple majority in two separate votings, one of which tatkes participating in the SSM and from Member States that do not participate in the SSMlace in the group of the Member States with common euro currency and the second in the group of remaining Member States.
Amendment 141 #
2012/0244(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The members of the independent panel set up according to Article 41(2) of Regulation (EU) No 1093/2010 should not be considered to be in a situation of conflict of interest on the sole ground that they are, in particular, in cases when they representatives of the competent authoritiesy, which are part of the SSM and a given case to be decided upon by the Panel concerns the SSMhas jurisdiction within the Member State, in which the concerned credit institution operates. The EBA should develop rules of procedure for the panel that ensure its independence and objectivity.
Amendment 144 #
2012/0244(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) Since the Member States which entered into close cooperation with the SSM are devoid of voting rights in the Governing Council of the ECB, which results in a lack of effective influence on the decision making process within the SSM, a special procedure for settlement of disagreements between the ECB and a competent authority of a Member State which has entered into close cooperation shall be established, which will compensate for the absence of forceful instruments to sway the decision making process taken within the SSM and at the same time, will safeguard the right to protect justified interests, in particular the stability of the local financial market. To that end, the EBA should be equipped with the ultimate authority to settle disagreements between the ECB and the competent authority of a Member State that has entered into close cooperation with the SSM.
Amendment 148 #
2012/0244(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The composition of the Management Board should be balanced and proper representation of Member States participating in the SSM, remaining in the close cooperation, and not participating in the SSM should be ensured.
Amendment 196 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 1093/2010
Article 18 – paragraph 3a
Article 18 – paragraph 3a
"3a. Where the Authority requests the ECB as competent authority to take the necessary action in accordance with paragraph 3, the ECBcompetent authority shall comply with it or shall provide within 48 hours at the latest adequate justification to the Authority for its non-compliance."
Amendment 197 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 1093/2010
Article 18 – paragraph 3a
Article 18 – paragraph 3a
"3a. Where the Authority requests the ECB as competent authority to take the necessaryspecific action or to refrain from action in accordance with paragraph 3, the ECBcompetent authority shall comply with it or shall provide within 48 hours at the latestwithin ten working days of the receipt of the request provide adequate justification to the Authority for its non-compliance."
Amendment 213 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 1093/2010
Article 35 – paragraph 3
Article 35 – paragraph 3
"3. Upon a duly justified request from a competent authority, the Authority mayshall provide any information that is necessary to enable the competent authority to carry out its duties, in accordance with the professional secrecy obligations laid down in sectoral legislation and in Article 70."
Amendment 222 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 1093/2010
Article 41 – paragraph 2 – subparagraph 1
Article 41 – paragraph 2 – subparagraph 1
"For the purposes of Article 17 and 19, the Board of Supervisors shall establish an independent panel consisting of the Chairperson and twofour members appointed by the Board of Supervisors among its voting members. At least onetwo members of the independent panel shall be from a Member State which is not a participating Member State in accordance with Regulation (EU) No …/… [127(6) TFEU Council Regulation]currency is not the euro, at least one of which shall be from a Member State not exercising close cooperation with the SSM either."
Amendment 224 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 1093/2010
Article 41 – paragraph 3
Article 41 – paragraph 3
"3. The panel shall propose a decision for final adoption by the Board of Supervisors, in accordance with the procedure set out in the third subparagraph of Article 44(1)members of the panel shall act independently, objectively in accordance with Article 42 and shall not be in a situation of conflict of interest. It shall be recognized that the members of the panel remain in a situation of conflict of interests, in particular, in cases when they represent the competent authority, which has the jurisdiction within the Member State, in which the concerned credit institution operates."
Amendment 226 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 1093/2010
Article 41 – paragraph 4
Article 41 – paragraph 4
"4. The Board of Supervisors shall adopt rules of procedure for the panel referred to in paragraph 2, including rules implementing the requirement set out in the second subparagraph of that paragraphBy way of derogation from paragraph 2, from the date when the euro is not the currency of only two Member States, the independent panel shall consist of a Chairperson and two members appointed by the Board of Supervisors, among its voting members. At least one member of such an independent panel shall be from a Member State in which currency is not the euro."
Amendment 230 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) No 1093/2010
Article 42
Article 42
Amendment 236 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 1
Article 44 – paragraph 1 – subparagraph 1
"1. Decisions of the Board of Supervisors shall be taken by a simple majority of its memberin two separate votings, one of which takes place in the group of the Members States with common euro currency and the second in the group of remaining Member States. Each member shall have one vote."
Amendment 241 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 2
Article 44 – paragraph 1 – subparagraph 2
"With regard to the acts specified in Articles 10 to 16 and measures and decisions adopted under the third subparagraph of Article 9(5) and Chapter VI and by way of derogation from the first subparagraph of this paragraph, the Board of Supervisors shall take decisions on the basis of a qualified majority of its members, as defined in Article 16(4) of the Treaty on European Union and in Article 3 of the Protocol (No 36) on transitional provisions, however the decisions to be passed shall be supported in parallel by at least simple majority of weighted votes in the group Member States with common euro currency, as well as in the group of remaining Member States."
Amendment 246 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 3
Article 44 – paragraph 1 – subparagraph 3
"With regard to decisions in accordance with Articles 17, 19, and 19a, the decision proposed by the panel shall be considered as adopted uonless it is rejected by a simple majority which shall include at least three votes from members of participating Member Sy if accepted by the Board of Supervisors at a simple majority in two separate votings, one of which tatkes and three votes from members ofplace in the group of the Members States which are neither participating Member States in accordance with Regulation (EU) No …/…[127(6) TFEU Council Regulation] nor have entered into close cooperation with the ECB in accordance with that Regulationith common euro currency and the second in the group of remaining Member States. Each member shall have one vote."
Amendment 249 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 –paragraph 1 – subparagraph 4
Article 44 –paragraph 1 – subparagraph 4
"By way of derogation from the third subparagraph, from the date when four or less Member States are neither participating Member States in accordance with Regulation (EU) No …/… [127(6) TFEU Council Regulation] nor have entered into close cooperation with the ECB in accordance with that Regulationthe euro is not the currency in only four Member States, the decision proposed by the panel shall be considered as adopted uonless it is rejected byy if accepted by the Board of Supervisors at a simple majority which shall include at least one vote from members of those Member States. Each member shall have one vote."
Amendment 252 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation EU No 1093/2010
Article 44 –paragraph 1 – subparagraph 5
Article 44 –paragraph 1 – subparagraph 5
"By way of derogation from the third subparagraph, from the date when the euro is not the currency in three or less Member States, the decision proposed by the panel shall be considered as adopted, only if accepted by the Board of Supervisors at a qualified majority of five- sixths of its members. Each member shall have one vote."
Amendment 253 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation EU No 1093/2010
Article 44 –paragraph 1 – subparagraph 5 a (new)
Article 44 –paragraph 1 – subparagraph 5 a (new)
"The independent panel, mentioned in Article 41, with regard to decisions in accordance with Articles 17, 19, and 19a takes the decision at a qualified majority of four-fifths of its members. From the date when the euro is not the currency in only two Member States, the independent panel takes decisions by simple majority."
Amendment 264 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation EU No 1093/2010
Article 45 – paragraph 1 – subparagraph 3
Article 45 – paragraph 1 – subparagraph 3
"The term of office of the members elected by the Board of Supervisors shall be 2 1/2 years. That term may be extended once. The composition of the Management Board shall be balanced and proportionate and shall reflect the Union as a whole. The Management Board shall include at least twohree representatives from Member States in which are not participating Member States in accordance with Regulation [127(6) TFEU Council Regulation] nor havecurrency is not the euro, at least two of which come from the Member States, which did not entered into close cooperation with the ECB in accordance with that RegulationSSM either. Mandates shall be overlapping and an appropriate rotating arrangement shall apply."
Amendment 266 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8 b (new)
Article 1 – paragraph 1 – point 8 b (new)
Regulation (EU) No 1093/2010
Article 58 – paragraph 3
Article 58 – paragraph 3
8 b. Article 58(3) is replaced by the following: "3. Two members of the Board of Appeal and two alternates shall be appointed by the Management Board of the Authority from a short-list proposed by the Commission, following a public call for expressions of interest published in the Official Journal of the European Union, and after consultation of the Board of Supervisors. At least one member and his alternate should come from a Member State which currency is not the euro, nor has entered into close cooperation with the ECB in accordance with that Regulation. The other members shall be appointed in accordance with Regulation (EU) No 1094/2010 and Regulation (EU) No 1095/2010."
Amendment 87 #
2012/0242(CNS)
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
(47 a) Whereas the pending financial crisis contributed immensely to the fragmentation of European financial markets, it is indispensable to enhance the common integrated financial framework. However, it should be borne in mind that the deepening of integration in the EMU cannot give rise to new, not outlined in the Treaties, convergence criteria, which can create additional barriers to entry for countries under a temporary derogation
Amendment 90 #
2012/0242(CNS)
Proposal for a regulation
Recital 4
Recital 4
(4) Competence for supervision of individual banks in the Union remains mostly at national level. This limits the effectiveness of supervision and the ability of supervisors to reach a common understanding of the soundness of the banking sector throughout the UnionCoordination between supervisors is vital but the crisis has shown that mere coordination is not enough, in particular in the context of a single currency. In order to preserve and increase the positive effects of market integration on growth and welfare, integration of supervisory responsibilities should therefore be enhanced.
Amendment 104 #
2012/0242(CNS)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. National competent authorities shall follow the instructions given by the ECB. for the purposes of the tasks mentioned in Article 4 paragraph 1. Instructions given by the ECB shall not interfere with the exercise of voting rights by competent authorities of participating Member States within the Board of Supervisors and the Management Board of the European Banking Authority
Amendment 214 #
2012/0242(CNS)
Proposal for a regulation
Recital 18
Recital 18
Amendment 265 #
2012/0242(CNS)
Proposal for a regulation
Recital 25
Recital 25
Amendment 284 #
2012/0242(CNS)
Proposal for a regulation
Recital 29
Recital 29
(29) As regards the supervision of cross- border banks active both inside and outside the Euro area the ECB should cooperate closely with the competent authorities of non participating Member States. As a competent authority the ECB should be subject to the related obligations to cooperate and exchange information under Union law and should participate fully in the colleges of supervisors. In addition, since the exercise of supervisory tasks by a European institution brings about clear benefits in terms of financial stability and sustainable market integration, Member States not participating in the common currency should therefore also have the possibility to participate in the new mechanism. However, it is a necessary pre-condition for an effective exercise of supervisory tasks, that supervisory decisions are implemented fully and without delay. Member States wishing to participate in the new mechanism should therefore undertake to ensure that their national competent authorities will abide by and adopt any measure in relation to credit institutions requested by the ECB. The ECB should be able to establish a close cooperation with the competent authorities of a Member State not participating in the common currency. It should be obliged to establish the cooperation where the conditions set out in this regulation are met. The conditions under which representatives of the competent authorities of the Member States which established a close co-operation take part to the activities of the Supervisory Board should allow the greatest possible involvement of those represenensure equal treatment of all participating Member Statives taking into account the limits following from the Statute of ESCB and of the ECB, in particular as regards the integrity of its decision making process.
Amendment 320 #
2012/0242(CNS)
Proposal for a regulation
Recital 34
Recital 34
(34) The conferral of supervisory tasks implies a significant responsibility for the ECB to safeguard financial stability in the Union, and to use its supervisory powers in the most effective and proportionate way. The ECB should therefore be accountable for the exercise of these tasks towards the European Parliament and the Council of Ministers respectively the Eurogroup as democratically legitimised institutions representing the European people and the Member States. That should include regular reporting and responding to questions. Where national supervisors take action under this Regulation, accountability arrangements provided under national law should continue to apply.
Amendment 395 #
2012/0242(CNS)
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
(47a) Whereas the pending financial crisis contributed immensely to the fragmentation of European financial markets, it is indispensable to enhance the common integrated financial framework. However, it should be borne in mind that the deepening of integration in the EMU cannot give rise to new, not outlined in the Treaties, convergence criteria, which can create additional barriers to entry for countries under a temporary derogation.
Amendment 396 #
2012/0242(CNS)
Proposal for a regulation
Recital 47 b (new)
Recital 47 b (new)
(47b) Whereas, efforts to secure financial stability within the EU require a diversified approach to distinctive types of risks in different markets and considering that the economies of the Member States, including those in the EMU, remain heterogeneous and that economic cycles are not synchronized, it should be borne in mind that according to the ESRB Recommendation (ESRB/2011/3) and standard no. 138 of Basel III, effective response to the problems of macroeconomic imbalances necessitates the use of discretionary instruments at local level. Moreover, the scope to customize macroprudential instruments is of the utmost significance to the Member States remaining in the EMU, due to their inability to use macroeconomic automatic stabilizers, such as interest rate or exchange rate.
Amendment 409 #
2012/0242(CNS)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation confers on the ECB specific tasks concerning policies relating to the prudential supervision of credit institutions, with a view to promoting the safety and soundness of credit institutions and the stability of the financial system within the EU and each Member State, with due regard for the unity and integrity of the internal market.
Amendment 413 #
2012/0242(CNS)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘'participating Member State’' means a Member State whose currency is the euro; or a Member State whose currency is not the euro, which has entered into a close cooperation in accordance with Article 6.
Amendment 474 #
2012/0242(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
Amendment 496 #
2012/0242(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point k
Article 4 – paragraph 1 – point k
(k) To carry out supervisory tasks in relation to early intervention where a credit institution does not meet or is likely to breach the applicable prudential requirements, including recovery plans and intra group financial support arrangements, in coordination with the relevant resolution authorities;
Amendment 504 #
2012/0242(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point l
Article 4 – paragraph 1 – point l
Amendment 525 #
2012/0242(CNS)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Subject to and in compliance with any relevant Union law rule and in particular any legislative and non-legislative act including technical standards developed by EBA and adopted by the Commission, the ECB may adopt regulations and recommendations and take decisions to implement or apply Union law, to the extent necessary to carry out the tasks conferred upon it by this Regulation, and only where those Union acts, do not deal with certain aspects necessary for the proper exercise of the ECB's tasks or do not deal with them in sufficient detail. Before adopting a regulation, the ECB shall conduct open public consultations, including EBA and the Commission, and analyse the potential related costs and benefits.
Amendment 588 #
2012/0242(CNS)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. National competent authorities shall follow the instructions given by the ECB for the purposes of the tasks mentioned in Article 4(1). Instructions given by the ECB shall not interfere with the exercise of voting rights by competent authorities of participating Member States within the Board of Supervisors and the Management Board of the European Banking Authority.
Amendment 615 #
2012/0242(CNS)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
1. Within the limits set out in this Article, the ECB shall carry out the tasks in the areas referred to in Article 4 (1) and (2) in relation to credit institutions established in a participating Member State whose currency is not the euro, where a close cooperation has been established between the ECB and the national competent authority of such Member State in accordance with this Article.
Amendment 627 #
2012/0242(CNS)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The close cooperation between the ECB and the national competent authority of a non participating Member State, whose currency is not the euro, shall be established, by a decision adopted by the ECB, where the following conditions are met:
Amendment 639 #
2012/0242(CNS)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 650 #
2012/0242(CNS)
Proposal for a regulation
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. The Member State that has established a close cooperation with ECB may request the ECB to terminate the close cooperation at any time. In this case, the ECB shall immediately proceed to adopt a decision terminating the close cooperation. The decision shall be published in the Official Journal of the European Union and shall specify the date from which it is legally valid.
Amendment 812 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The planning and execution of the tasks conferred upon the ECBdrafting of decisions to be taken by the ECB with regards to supervisory tasks conferred upon it by this Regulation, shall be undertaken by an internal body composed of four representatives of the ECB appointed by the Executive Board of the ECB and one representative of the national authority competent for the supervision of credit institutions in each participating Member State (hereinafter ‘s'Supervisory bBoard’').
Amendment 829 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. In addition, the supervisory board shall include a Chair elected by the members of the Governing Couperson. Appointment shall be made on the basis of merit, skills, knowledge of financial institutions and markets, and of experience relevant to financial from the members, with the exception of the Presidsupervision and regulation, following an open selection procedure. The Chairperson shall be appointed by common accord of the government,s of the Executive Board, and a Vice-Chair elected by and from the members of the Governing Council of the ECBMember States at the level of Heads of State or Government, on a recommendation from the supervisory board, after it has consulted the Council and the European Parliament. The Supervisory Board elects from among its members two Vice-Chairmen.
Amendment 839 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The Governing Council of the ECB may delegate clearly defined supervisory tasks and relatedFor the purpose of paragraph 1 the Governing Council of the ECB authorises the Supervisory Board to draft decisions regarding individual or a set of identifiable credit institutions, financial holding companies or mixed financial holding companies to the supervisory board, subject to. The Supervisory Board proposes a decision for final adoption by the Goversight and responsibility of the Governing Councilning Council. The decision proposed by the Supervisory Board shall be considered as adopted unless it is rejected by the Governing Council. The Governing Council can only accept or reject the proposed decision. If the Governing Council rejects the proposed decision, it shall be returned to the Supervisory Board for a review.
Amendment 860 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Chair of the European Banking Authority and, a member of the European Commission may participate as observers in the meetings of the supervisory boardand chairmen of national competent authorities from Member States remaining outside the SSM may participate as observers in the meetings of the supervisory board on condition that their request has been accepted by the supervisory board by simple majority. The Supervisory board may, if appropriately justified, restrict observers' access to confidential data.
Amendment 864 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. The Governing Council shall adopt the rules of procedure of the supervisory board includingand shall make them public. They shall ensure equal treatment of all participating Member States, including voting rights. They shall also include rules on the term of office of the Chair and the Vice-Chair. The term of off, whiceh shall not exceed five years and shall not be renewable.
Amendment 165 #
2012/0237(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Within three months following the reception of the application for registration, the European Parliament shall adopt a decision by an absolute majority of its component members, which it shall publish in the Official Journal of the European Union, together with the party or foundation statutes or, where an application has not been approved, the grounds for rejection.
Amendment 191 #
2012/0237(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Whenever requested to do so by one quarter of its members, representing at least three political groups in the European Parliament, the European Parliament shall decide by an absolute majority of its members whether the condition in Article 3(1)(c) for a European political party and in Article 3(2)(c) for a European political foundation continues to be met.
Amendment 203 #
2012/0237(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3 a (new)
Article 7 – paragraph 2 – subparagraph 3 a (new)
In the event that the committee should decide, having heard all the relevant representations, that the European political party or European political foundation concerned fails to meet the requisite criteria, it shall have the power to issue a reproof, levy a fine or propose the suspension or expulsion of the party or foundation in question.
Amendment 332 #
2012/0237(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. If the European Parliament finds, in accordance with Article 7(2), that a European political party or a European political foundation has failed to respect the values on which the Union is founded or has been the subject of a judgement which has the force of res judicata for illegal activities detrimental to the financial interests of the Union as defined in Article [93(1)(e)] of the Financial Regulation, or that a European political party has failed to respect the minimum rules on internal democracy required by Article 4(2), the European political party or the European political foundation in question may be removsubject to a reproof or to a fine or may be deleted from the Registry, thereby forfeit its status in accordance with Article 11, and have any ongoing decision on Union funding received under this Regulation withdrawn or any ongoing agreement on such funding terminated and any Union funding recovered, including any unspent Union funds from previous years.
Amendment 118 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Rightholders shall have the right to grant free licences for the non- commercial use of their works and rights. In this case, rightholders shall inform in due time the collective management organisations authorised to manage the rights of such works that such a free licence has been granted.
Amendment 198 #
2012/0180(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 203 #
2012/0180(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In addition, aA collecting society shall make available at the request of any rightholder or any collecting society, any information on works for which one or more rightholders have not been identified including, where available, the title of the work, the name of the author, the name of the publisher and any other relevant information available which could be necessary to identify the rightholders.
Amendment 204 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. Member States shall ensure that a collecting society makes publicve management organisation makes available through a publicly accessible website at least the following information:
Amendment 206 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 1 – point g a (new)
Article 19 – paragraph 1 – point g a (new)
(ga) a list of rights, categories of rights or types of works that have been voluntarily excluded by rightholders from the collective management;
Amendment 207 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 1 – point g b (new)
Article 19 – paragraph 1 – point g b (new)
(gb) standard licensing contracts and applicable tariffs;
Amendment 208 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 1 – point g c (new)
Article 19 – paragraph 1 – point g c (new)
(gc) the repertoire and rights it manages and the Member States covered;
Amendment 209 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 1 – point g d (new)
Article 19 – paragraph 1 – point g d (new)
(gd) a list of representation agreements it has entered into, including information on other collecting societies involved, the repertoire represented and the territorial scope covered by any such agreement.
Amendment 210 #
2012/0180(COD)
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 77 #
2012/0146(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation establishes a legal framework for electronic signatures, electronic seals, electronic validation and verification, electronic time stamps, electronic documents, electronic delivery services and website authentication.
Amendment 81 #
2012/0146(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Regulation does not apply to the provision of electronic trust services based solely on voluntary agreements under private law. Such trust services may not be denied validity, legal effectiveness resulting from voluntary agreements and admissibility as evidence in legal proceedings solely on the grounds that they are: — in electronic form, or — not based upon a qualified certificate for electronic signature, or qualified certificate for electronic seal, or qualified certificate for website authentication, — not provided by a qualified trust service provider, or — not created by a qualified electronic signature creation device or qualified electronic seal creation device.
Amendment 90 #
2012/0146(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
(10) ‘'certificate’' means an electronic attestation which links electronic signature or seal validation data with the identification data of an entity, or a natural or a legal person respectively to the certificate and confirms those data of that person;
Amendment 91 #
2012/0146(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
(11) ‘qualified certificate for electronic signature’ means an attestation certificate which is used to support electronic signatures, is issued by a qualified trust service provider and meet the requirements laid down in Annex I;
Amendment 98 #
2012/0146(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. There shall be no restriction on the provision of trust services in the territory of a Member State by a trust service provider established in another Member States for reasons which fall within the fields covered by this Regulation. Member States shall ensure that trust services originating from another Member States are admissible as evidence in legal proceedings.
Amendment 99 #
2012/0146(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. For trust services offered in another Member State certification policy documents shall be made publicly available in official languages of that Member State or in English language.
Amendment 101 #
2012/0146(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
Mutual recognition and acceptance Mutual recognition
Amendment 103 #
2012/0146(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
When an electronic identification using an electronic identification means and authentication is required under Union or national legislation or administrative practice to access a service online, any in one Member State or in the Union institution, the electronic identification means issued in another Member State fallingor by the Union institution under a scheme included in the list published by the Commission pursuant to the procedure referred to in Article 7 shall be recognised and accepted for the purposes of accessing this servicein the Member State or by the Union institution for the purposes of accessing that service online, not later than six months after the list, including that scheme, is published.
Amendment 141 #
2012/0146(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. A trust service provider shall be liable for any directunder national law for damage caused to any entity or natural or legal person due to failure to comply with the obligations laid down in Article 15(1), unless the trust service provider can prove that he has not acted negligently.
Amendment 150 #
2012/0146(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Qualified trust services and qualified certificates provided by qualified trust service providers established in a third country shall be accepted as legally equivalent to qualified trust services and qualified certificates provided by a qualified trust service providers established in the territory of the Union if the qualified trust services or qualified certificates originating from the third country are recognised under an agreement between the Union and third countries or international organisations in accordance with Article 218 TFUE.
Amendment 154 #
2012/0146(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Qualified trust service provider established within the Union may guarantee for certificates which are issued as qualified by supervised or accredited trust service providers established in a third country.
Amendment 164 #
2012/0146(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
(a) monitoring qualified trust service providers established in the territory of the designating Member State to ensure that they fulfil the requirements laid down in Article 15;
Amendment 241 #
2012/0146(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Qualified electronic signatures shall be recognised and accepted in all Member States and institutions of the Union.
Amendment 242 #
2012/0146(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. If an electronic signature with a security assurance level below qualified electronic signature is requiraccepted, in particular by a Member State or by institutions of the Union for accessing a service online offered by a public sector body on the basis of an appropriate assessment of the risks involved in such a service, all electronic signatures matching at least the same security assurance levelt the same time qualified electronic signature shall be recognised and accepted as well.
Amendment 261 #
2012/0146(COD)
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. National law or agreement between parties may assign to electronic seal or qualified electronic seal additional legal effects beyond this regulation.
Amendment 266 #
2012/0146(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. A valid qualified electronic seal shall be recognised and accepted in all Member States public services and institutions of the Union.
Amendment 269 #
2012/0146(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. If an electronic seal security assurance level below the qualified electronic seal is requiraccepted, in particular by a Member State for accessing a service online offered by a public sector body on the basis of an appropriate assessment of the risks involved in such a service, all electronic seals matching at a minimum the same security assurance levet the same time qualified electronic seal shall be accepted.
Amendment 291 #
2012/0146(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. A document or an electronically certified copy thereof bearing a valid qualified electronic signature or a valid qualified electronic seal of the person who is competent to issue the relevant document or respectively authorize certified copy, shall enjoy legal presumption of its authenticityorigin and integrity provided the document does not contain any dynamic features capable of automatically changing the document.
Amendment 300 #
2012/0146(COD)
Proposal for a regulation
Article 35 – paragraph 3 a (new)
Article 35 – paragraph 3 a (new)
3a. National law or agreement between parties may assign to electronic delivery service additional legal effects beyond this regulation.
Amendment 305 #
2012/0146(COD)
Proposal for a regulation
Article 40 – paragraph 1 a (new)
Article 40 – paragraph 1 a (new)
The report shall include an assessment of relevant developments in electronic identification, authentication and signatures within Member States and leading countries outside the Union. The review shall inter alia assess whether the scope of this Regulation should be modified, taking account of technological, market and legal developments of trust services.
Amendment 306 #
2012/0146(COD)
Proposal for a regulation
Article 40 – paragraph 1 b (new)
Article 40 – paragraph 1 b (new)
Amendment 82 #
2012/0061(COD)
Proposal for a directive
Recital 4
Recital 4
(4) In order to prevent, avoid and combat circumvention and/or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the Treaty and/or the application of Directive 96/71/EC the implementation and monitoring of the notion of posting should be improved, taking into consideration the principles of proportionality and non-discrimination.
Amendment 86 #
2012/0061(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) All measures introduced by the Directive must be justified, proportionate and non-discriminatory so that they do not create administrative burdens and do not lock the potential that companies, in particular small and medium enterprises have in creating new jobs, while protecting posted workers.
Amendment 95 #
2012/0061(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Trade unionSocial partners play an important role in the context of the posting of workers for the provision of services since social partnersthey may, in accordance with national law and/or practice, determine the different levels (alternatively or simultaneously) of the applicable minimum rates of pay. This right should come together with their responsibility for communicating and informing about the aforementioned rates.
Amendment 104 #
2012/0061(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers and ensuring the right of undertakings to provide services in another Member State, whereas poor enforcement undermines the effectiveness of the Union rules applicable in this area. Close cooperation between the Commission and the Member States is therefore essential, without neglecting the important role of labour inspectorates and the social partners in this respect.
Amendment 116 #
2012/0061(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Mutual trust, a spirit of cooperationTaking into account that the ability of the host Member State to establish factual elements regarding the foreign undertaking is limited, cooperation with the Member State of establishment is crucial and needs to be further improved. Mutual trust, a spirit of assistance, continuous dialogue and mutual understanding are essential in this respect.
Amendment 129 #
2012/0061(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The free movement of workers gives every citizen the right to move freely to another Member State to work and reside there for that purpose and protects them against discrimination as regarddom to provide services includes the right of undertakings to provide services in another Member State, for which they may send ('post') their own workers temployment, remuneration and oorarily to carry out ther working conditions in comparison to nationals of that Member State. It need necessary to provide these services there. It is necessary for the purpose of the posting of workers to be distinguished this freedom from the freedom to provide services, which includes the right of undertakings to provide services in another Member State, for which they may send (‘post’) their own worker movement of workers, which gives every citizen the right to move freely to another Member State to work and reside there for that purpose and protects them against discrimination as regards temporarily to carry out loyment, remuneration and other work necessary to provide these services thering conditions in comparison to nationals of that Member State.
Amendment 135 #
2012/0061(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Where terms and conditions of employment are laid down in collective agreements which have been declared universally applicable, Member States should ensure that these collective agreements are officially published and accessible.
Amendment 135 #
2012/0061(COD)
Proposal for a directive
Recital 4
Recital 4
(4) In order to prevent, avoid and combat circumvention and/or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the Treaty and/or the application of Directive 96/71/EC the implementation and monitoring of the notion of posting should be improved, taking into consideration the principles of proportionality and non-discrimination.
Amendment 138 #
2012/0061(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4 a) All measures introduced by the Directive must be justified, proportionate and non-discriminatory so that they do not create administrative burdens and do not lock the potential that companies, in particular small and medium enterprises have in creating new jobs, while protecting posted workers.
Amendment 139 #
2012/0061(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Therefore, the constituent factual elements characterising the temporary nature inherent to the notion of posting, which implies that the employer should be genuinely established in the Member State from which the posting takes place, as well as the relationship between Directive 96/71/EC and Regulation (EC) No 593/2008 on the law applicable to contractual obligations (hereinafter the ‘Rome I Regulation’) need to be further clarified, so that a broad application of the Directive is ensured.
Amendment 143 #
2012/0061(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Trade unionSocial partners play an important role in the context of the posting of workers for the provision of services since social partnersthey may, in accordance with national law and/or practice, determine the different levels (alternatively or simultaneously) of the applicable minimum rates of pay .This right should come together with their responsibility for communicating and informing about the aforementioned rates.
Amendment 148 #
2012/0061(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers and ensuring the right of undertakings to provide services in another Member State, whereas poor enforcement undermines the effectiveness of the Union rules applicable in this area. Close cooperation between the Commission and the Member States is therefore essential, without neglecting the important role of labour inspectorates and the social partners in this respect.
Amendment 149 #
2012/0061(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to ensure the correct application of, and to monitor compliance with, the substantive rules on the terms and conditions of employment to be respected with regard to posted workers, Member States should apply only certainsuch control measures or administrative formalities to undertakings posting workers for the provision of services. Such control measures or administrative formalities should be proportionate and not entail unjustified, excessive administrative burdens. Such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the Member State of establishment of the service provider within a reasonable delay and/or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained.
Amendment 150 #
2012/0061(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Mutual trust, a spirit of cooperationTaking into account that the ability of the host Member State to establish factual elements regarding the foreign undertaking is limited, cooperation with the Member State of establishment is crucial and needs to be further improved. Mutual trust, a spirit of assistance, continuous dialogue and mutual understanding are essential in this respect.
Amendment 157 #
2012/0061(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14 a) Where terms and conditions of employment are laid down in collective agreements which have been declared universally applicable, Member States should ensure that these collective agreements are officially published and accessible.
Amendment 158 #
2012/0061(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to ensure the correct application of, and to monitor compliance with, the substantive rules on the terms and conditions of employment to be respected with regard to posted workers, Member States should apply only certainsuch control measures or administrative formalities to undertakings posting workers for the provision of services. Such control measures or administrative formalities should be proportionate and not entail unjustified, excessive administrative burdens. Such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the Member State of establishment of the service provider within a reasonable delay and/or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained.
Amendment 163 #
2012/0061(COD)
Proposal for a directive
Recital 18
Recital 18
(18) To ensure better and more uniform application of Directive 96/71/EC as well as its enforcement in practice, and to reduce, as far as possible, differences in the level of application and enforcement across the Union, Member States should ensure that effective and, adequate, proportionate and non-discriminatory inspections are carried out on their territory and that inspected undertakings are provided with information in writing on the result of the inspection.
Amendment 166 #
2012/0061(COD)
Proposal for a directive
Recital 19
Recital 19
(19) National labour inspectorates, social partners and other monitoring bodauthorities are of paramount importance in this respect and should continue to play a crucial role.
Amendment 168 #
2012/0061(COD)
Proposal for a directive
Recital 24
Recital 24
Amendment 168 #
2012/0061(COD)
Proposal for a directive
Recital 23
Recital 23
(23) To facilitate the enforcement of Directive 96/71/EC and ensure more effective application of it, effective complaint mechanisms should exist through which posted workers may lodge complaints or engage in proceedings either directly or, with their approval, through relevant designated third parties, such as trade unions or other associations as well as common institutions of social partners. This should be without prejudice to national rules of procedure concerning representation and defence before the courts.
Amendment 171 #
2012/0061(COD)
Proposal for a directive
Recital 24
Recital 24
Amendment 175 #
2012/0061(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 178 #
2012/0061(COD)
Proposal for a directive
Recital 26
Recital 26
Amendment 181 #
2012/0061(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The disparities between the systems of the Member States for enforcing imposed administrative fines and/or penalties in regard to posting of workers situations in accordance with this Directive and Directive 96/71, in cross-border situations are prejudicial to the proper functioning of the internal market and risk making it very difficult, if not impossible, to ensure that posted workers enjoy an equivalent level of protection throughout the Union.
Amendment 182 #
2012/0061(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 182 #
2012/0061(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Effective enforcement of the substantive rules governing the posting of workers for the provision of services should be ensured by specific action focusing on the cross-border enforcement of imposed administrative fines and penalties in regard to posting of workers situations in accordance with this Directive and Directive 96/71. Approximation of the legislation of the Member States in this field is therefore an essential prerequisite in order to ensure a higher, more equivalent and comparable level of protection necessary for the proper functioning of the internal market.
Amendment 183 #
2012/0061(COD)
Proposal for a directive
Recital 29
Recital 29
(29) The adoption of common rules for providing mutual assistance and support for enforcement measures and the associated costs, as well as the adoption of uniform requirements for the notification of decisions relating to administrative penalties and fines imposed in regard to posting of workers situations in accordance with this Directive and Directive 96/71, should resolve a number of practical cross-border enforcement problems and guarantee better communication and better enforcement of such decisions emanating from another Member State.
Amendment 184 #
2012/0061(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Notwithstanding the establishment of more uniform rules with respect to the cross-border enforcement of penalties and fines in regard to posting of workers situations in accordance with this Directive and Directive 96/71 and the need for more common criteria for follow-up procedures in the event of the non-payment of these they should not affect the Member States' competences to determine their system of penalties, sanctions and fines or the recovery measures available under their internal legislation.
Amendment 188 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
This Directive aims to facilitate the exercise of the freedom to provide services for service providers and promoting fair competition between service providers, while guaranteeing respect for an appropriate level of minimum protection of the rights of posted workers for the cross-border provision of services, while facilitating the exercise of the freedom to provide services for service providers and promoting fair competition between service providers.
Amendment 190 #
2012/0061(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘competent authority’ means anpublic authorityies of a Member State designated by athis Member State to perform functions under this Directive;
Amendment 193 #
2012/0061(COD)
Proposal for a directive
Recital 26
Recital 26
Amendment 193 #
2012/0061(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(c a) "undertaking established in a Member State" means an undertaking which actually pursues an economic activity, as referred to in Article 49 of the Treaty on the Functioning of the European Union, by the provider for an indefinite period and through a stable infrastructure from where the business of providing services is actually carried out;
Amendment 202 #
2012/0061(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The disparities between the systems of the Member States for enforcing imposed administrative fines and/or penalties in regard to posting of workers situations in accordance with this Directive and Directive 96/71, in cross-border situations are prejudicial to the proper functioning of the internal market and risk making it very difficult, if not impossible, to ensure that posted workers enjoy an equivalent level of protection throughout the Union.
Amendment 202 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the State in which it is established in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities. Such elements may include:
Amendment 203 #
2012/0061(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Effective enforcement of the substantive rules governing the posting of workers for the provision of services should be ensured by specific action focusing on the cross-border enforcement of imposed administrative fines and penalties in regard to posting of workers situations in accordance with this Directive and Directive 96/71. Approximation of the legislation of the Member States in this field is therefore an essential prerequisite in order to ensure a higher, more equivalent and comparable level of protection necessary for the proper functioning of the internal market.
Amendment 204 #
2012/0061(COD)
Proposal for a directive
Recital 29
Recital 29
(29) The adoption of common rules for providing mutual assistance and support for enforcement measures and the associated costs, as well as the adoption of uniform requirements for the notification of decisions relating to administrative penalties and fines imposed in regard to posting of workers situations in accordance with this Directive and Directive 96/71, should resolve a number of practical cross-border enforcement problems and guarantee better communication and better enforcement of such decisions emanating from another Member State.
Amendment 205 #
2012/0061(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Notwithstanding the establishment of more uniform rules with respect to the cross-border enforcement of penalties and fines in regard to posting of workers situations in accordance with this Directive and Directive 96/71 and the need for more common criteria for follow-up procedures in the event of the non-payment of these they should not affect the Member States‘' competences to determine their system of penalties, sanctions and fines or the recovery measures available under their internal legislation.
Amendment 224 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
This Directive aims to facilitate the exercise of the freedom to provide services for service providers and promoting fair competition between service providers, while guaranteeing respect for an appropriate level of minimum protection of the rights of posted workers for the cross- border provision of services, while facilitating the exercise of the freedom to provide services for service providers and promoting fair competition between service providers.
Amendment 224 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – introductory part
Article 3 – paragraph 2 – subparagraph 2 – introductory part
Such elements may include:
Amendment 239 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point f
Article 5 – paragraph 2 – point f
(f) keep the information provided for in the country fiches up to date, exact and exhaustive.
Amendment 241 #
2012/0061(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘'competent authority’' means anpublic authorityies of a Member State designated by athis Member State to perform functions under this Directive;
Amendment 242 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Where, in accordance with national law, traditions and practices, the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC are laid down in collective agreements in accordance with article 3 paragraph 1 and 8 of that Directive, Member States should ensure that the social partners shall identify these and make the relevant information, in particular concerning the different minimum rates of pay and their constituent elements, the method used to calculate the remuneration due and the qualifying criteria for classification in the different wage categories, , available in an accessible and transparent way for Member States who then make it available to service providers from other Member States and posted workers.
Amendment 243 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 4 – subparagraph 1 (new)
Article 5 – paragraph 4 – subparagraph 1 (new)
Member States shall ensure that collective agreements referred to in Article 3 paragraphs 1 and 8 of Directive 96/71 are subject to registration in official registers and publication. Terms and conditions of employment referred to in Article 3 of the Directive 96/71 laid down in those collective agreements have to be applied on undertakings posting workers only from the moment of official registration and publication.
Amendment 245 #
2012/0061(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) "undertaking established in a Member State" means an undertaking which actually pursues an economic activity, as referred to in Article 49 of the Treaty on the Functioning of the European Union, by the provider for an indefinite period and through a stable infrastructure from where the business of providing services is actually carried out;
Amendment 250 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 5 – subparagraph 1
Article 6 – paragraph 5 – subparagraph 1
Member States shall supply the information requested by other Member States or the Commission by electronic means as soon as possible and at the latest within 2 weeks from the reception of a request or within one month if the answer requires an inspection on the spot.
Amendment 252 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 5 – subparagraph 2
Article 6 – paragraph 5 – subparagraph 2
A specific urgency mechanism shall be used for special situations where a Member State becomes aware of particular circumstances requiring urgent action. In such circumstances, the information shall be submitted within 24 hour working days.
Amendment 253 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Member States shall ensure that registers in which service providers have been entered, and which may be consulted by the competent authorities in their territory, may also be consulted, in accordance with the samcomparable conditions, by the equivalent competent authorities of the other Member States.
Amendment 255 #
2012/0061(COD)
Proposal for a directive
Article 7 – title
Article 7 – title
Amendment 260 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4 a. During the period of posting a worker to another Member State, the inspection of the working conditions to be complied with according to Directive 96/71/EC lies within responsibility of the authorities of the host Member State in cooperation with the Member State of establishment.
Amendment 263 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States may only impose the following administrative requirements and control measures, in the sectors of activities, identified pursuant to paragraph 2a (new) of this Article:
Amendment 266 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. Member States shall impose the necessary administrative requirements and control measures mentioned in paragraph 1 in a non-discriminatory, justified and proportionate manner.
Amendment 270 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) an obligation to keep or make available and/or retainwithin a reasonable period of time and/or retain, at the choice of the services provider, copies in paper or electronic form of the employment contract (or an equivalent document within the meaning of Directive 91/533, including, where appropriate or relevant, the additional information referred to in Article 4 of that Directive), payslips, time-sheets and proof of payment of wages or copies of equivalent documents, issued according to the national law of the Member State of establishment, during the period of posting in an accessible and clearly identified place in its territory, such as the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;
Amendment 275 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) an obligationif necessary, to designate a contact person to negotiate, if necessary, on behalf of the employer with the relevant social partners in the Member State to which the posting takes place, in accordance with national legislation and practice, during the period in which the services are provided. The representative or the contact person can be any person chosen by the employer or employers association in the Member State of establishment of which the employer is a member.
Amendment 284 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1 (new)
Article 10 – paragraph 2 – subparagraph 1 (new)
At the end of each inspection, the competent authority shall provide a document which includes at least the name and address of the inspected undertaking, data identifying the competent authority, the days in which the inspection was carried out, the legal ground for the control measure applied, a justification on necessity and proportionality, upon request of the undertaking inspected - information that there are matters covered by trade secrets, a description of fraud identified or information that no fraud was identified, as well as any other relevant information. The inspected undertaking has the right to submit remarks with regard to the findings included in the document. The inspected undertaking receives a copy of the document.
Amendment 286 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall ensure that trade unions and other third parties, such as associations, organisations and other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, on behalf or in support of the posted workers or their employer, only with their approval in any judicial or administrative proceedings provided for with the objective of implementing this Directive and/or enforcing the obligations under this Directive.
Amendment 290 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point a
Article 11 – paragraph 5 – subparagraph 1 – point a
(a) any outstanding remuneration which, under the applicable terms and conditions of employment is due and/or contributions due to common funds or institutions of social partners covered by Article 3 of Directive 96/71/EC, would have been due;
Amendment 292 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b
Article 11 – paragraph 5 – subparagraph 1 – point b
(b) refund of excessive costs, in relation to net remuneration or to the quality of the accommodation, withheld or deducted from wages for accommodation provided by the employer.
Amendment 293 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b a (new)
Article 11 – paragraph 5 – subparagraph 1 – point b a (new)
(b a) any back payments or refund of taxes or social security contributions unduly withheld from the worker's salary.
Amendment 295 #
Amendment 296 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 297 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Amendment 303 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a
Article 12 – paragraph 1 – subparagraph 1 – point a
Amendment 306 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b
Article 12 – paragraph 1 – subparagraph 1 – point b
Amendment 309 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 313 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 317 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 321 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 324 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Without prejudice to the means which are or may be provided for in Union legislation, the principles of mutual assistance and recognition as well as the measures and procedures provided for in this Article shall apply to the cross-border enforcement of administrative fines and penalties regarding posting of workers situations in accordance with this Directive and Directive 96/71, imposed for failure to comply with the applicable rules in a Member State on a service provider established in another Member State.
Amendment 451 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Where, in accordance with national law, traditions and practices, the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC are laid down in collective agreements in accordance with article 3 paragraph 1 and 8 of that Directive, Member States should ensure that the social partners shall identify these and make the relevant information, in particular concerning the different minimum rates of pay and their constituent elements, the method used to calculate the remuneration due and the qualifying criteria for classification in the different wage categories, , available in an accessible and transparent way for Member States who then make it available to service providers from other Member States and posted workers.
Amendment 455 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Member States shall ensure that collective agreements referred to in Article 3 paragraphs 1 and 8 of Directive 96/71 are subject to registration in official registers and publication. Terms and conditions of employment referred to in Article 3 of the Directive 96/71 laid down in those collective agreements have to be applied on undertakings posting workers only from the moment of official registration and publication.
Amendment 495 #
2012/0061(COD)
Proposal for a directive
Article 7 – title
Article 7 – title
Amendment 511 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. During the period of posting a worker to another Member State the inspection of the working conditions to be complied with according to Directive 96/71/EC lies within responsibility of the authorities of the host Member State in cooperation with the Member State of establishment.
Amendment 562 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) an obligation to keep or make available and/or retainwithin a reasonable period of time and/or retain, at the choice of the services provider, copies in paper or electronic form of the employment contract (or an equivalent document within the meaning of Directive 91/533, including, where appropriate or relevant, the additional information referred to in Article 4 of that Directive), payslips, time-sheets and proof of payment of wages or copies of equivalent documents, issued according to the national law of the Member State of establishment, during the period of posting in an accessible and clearly identified place in its territory, such as the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;
Amendment 581 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) an obligationif necessary, to designate a contact person to negotiate, if necessary, on behalf of the employer with the relevant social partners in the Member State to which the posting takes place, in accordance with national legislation and practice, during the period in which the services are provided. The representative or the contact person can be any person chosen by the employer or employers association in the Member State of establishment of which the employer is a member.
Amendment 599 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Member States shall impose the necessary administrative requirements and control measures mentioned in paragraph 1 in a non-discriminatory, justified and proportionate manner.
Amendment 643 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1 a (new)
Article 10 – paragraph 2 – subparagraph 1 a (new)
At the end of each inspection the competent authority shall provide a document which includes at least the name and address of the inspected undertaking, data identifying the competent authority, the days in which the inspection was carried out, the legal ground for the control measure applied, a justification on necessity and proportionality, upon request of the undertaking inspected - information that there are matters covered by trade secrets, a description of fraud identified or information that no fraud was identified, as well as any other relevant information. The inspected undertaking has the right to submit remarks with regard to the findings included in the document. The inspected undertaking receives a copy of the document.
Amendment 671 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall ensure that trade unions and other third parties, such as associations, organisations and other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, on behalf or in support of the posted workers or their employer, only with their approval in any judicial or administrative proceedings provided for with the objective of implementing this Directive and/or enforcing the obligations under this Directive.
Amendment 682 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point a
Article 11 – paragraph 5 – subparagraph 1 – point a
(a) any outstanding remuneration which, under the applicable terms and conditions of employment is due and/or contributions due to common funds or institutions of social partners covered by Article 3 of Directive 96/71/EC, would have been due;
Amendment 687 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b
Article 11 – paragraph 5 – subparagraph 1 – point b
(b) refund of excessive costs, in relation to net remuneration or to the quality of the accommodation, withheld or deducted from wages for accommodation provided by the employer.
Amendment 689 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b a (new)
Article 11 – paragraph 5 – subparagraph 1 – point b a (new)
(ba) any back-payments or refund of taxes or social security contributions unduly withheld from the worker's salary.
Amendment 698 #
2012/0061(COD)
Proposal for a directive
Article 12
Article 12
Amendment 702 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Amendment 719 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a
Article 12 – paragraph 1 – subparagraph 1 – point a
Amendment 729 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b
Article 12 – paragraph 1 – subparagraph 1 – point b
Amendment 737 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 745 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 756 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 765 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 772 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Without prejudice to the means which are or may be provided for in Union legislation, the principles of mutual assistance and recognition as well as the measures and procedures provided for in this Article shall apply to the cross-border enforcement of administrative fines and penalties regarding posting of workers situations in accordance with this Directive and Directive 96/71, imposed for failure to comply with the applicable rules in a Member State on a service provider established in another Member State.
Amendment 95 #
2012/0011(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation should not apply to processing of personal data by a natural person, which are exclusively personal or domestic, such as correspondence and the holding of addresses, and without any gainful interest and thus without any connection with a professional or commercial activity, and which does not involve making such data accessible to an indefinite number of people. The exemption should also not apply to controllers or processors which provide the means for processing personal data for such personal or domestic activities.
Amendment 99 #
2012/0011(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) When using online services, individuals may be associated with online identifiers provided by their devices, applications, tools and protocols, such as Internet Protocol addresses or cookie identifiers. This may leave traces which, combined with unique identifiers and other information received by the servers, may be used to create profiles of the individuals and identify them. It follows that identification numbers, location data, online identifiers or other specific factors as such need not necessarily be considered as personal data in all circumstances., but shall be considered as one, when processed with the intention of targeting particular content at an individual or of singling that individual out for any other purpose;
Amendment 101 #
2012/0011(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) When using online services, individuals may be associated with online identifiers provided by their devices, applications, tools and protocols, such as Internet Protocol addresses or cookie identifiers. This may leave traces which, combined with unique identifiers and other information received by the servers, may be used to create profiles of the individuals and identify them. It follows that a study should be conducted, on a case-by-case basis and in accordance with technological developments, into whether identification numbers, location data, online identifiers or other specific factors as such need nomust necessarily be considered as personal data in all circumstances.
Amendment 106 #
2012/0011(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Consent should be given explicitly by any method appropriate methoto the media used enabling a freely given specific and informed indication of the data subject's wishes, either by a statement or by a clear affirmative action by the data subject, ensuring that individuals are aware that they give their consent to the processing of personal data, including by ticking a box when visiting an Internet website or by any other statement or conduct which clearly indicates in this context the data subject's acceptance of the proposed processing of their personal data. Silence or inactivity should therefore not constitute consent. Consent should cover all processing activities carried out for the same purpose or purposes. If the data subject's consent is to be given following an electronic request, the request must be clear, concise and not unnecessarily disruptive to the use of the service for which it is provided.
Amendment 108 #
2012/0011(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The main establishment of a controller in the Union should be determined according to objective criteria and should imply the effective and real exercise of management activities determining the main decisions as to the purposes, conditions and means of processing through stable arrangements. This criterion should not depend whether the processing of personal data is actually carried out at that location; the presence and use of technical means and technologies for processing personal data or processing activities do not, in themselves, constitute such main establishment and are therefore no determining criteria for a main establishment. ‘Main establishment of the controller’ means the place in the EU where personal data protection policy is determined, taking into account the dominant influence of that establishment over others, particularly in the case of a group of companies, as regards the implementation of rules on personal data protection and rules which have a bearing on data protection. The main establishment of the processor should be the place of its central administration in the Union.
Amendment 117 #
2012/0011(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Consent should not provide a valid legal ground for the processing of personal data,all be freely given and the data subject shall not be forced to consent for processing of its data, especially where there is a clearsignificant imbalance between the data subject and the controller. This is especiallymay be the case where the data subject is in a situation of dependence from the controller, among others, where personal data are processed by the employer of employees' personal data in the employment context. However, when the purpose of data processing is in the interest of the data subject and the data subject is subsequently able to withdraw consent without detriment, the consent should provide a valid legal ground for processing. Where the controller is a public authority, there would be an imbalance only in the specific data processing operations where the public authority can impose an obligation by virtue of its relevant public powers and the consent cannot be deemed as freely given, taking into account the interest of the data subject.
Amendment 118 #
2012/0011(COD)
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34 a) When personal data, processed on the basis of a data subject's consent are necessary for the provision of a service, the withdrawal of the consent can constitute the ground for the termination of a contract by the service provider. This shall apply in particular to the services which are provided free of charge to the consumers.
Amendment 120 #
2012/0011(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The legitimate interests of a controller may provide a legal basis for processing, provided that the interests or the fundamental rights and freedoms of the data subject are not overriding. This would need careful assessment in particular where the data subject is a child, given that children deserve specific protection. The data subject should have the right to object the processing, on grounds relating to their particular situation and free of charge free of charge. A legitimate interests pursued by controller may include: direct marketing of controller's goods and services, enforcement of the controller's claims and ensuring the security of the system, network and information. When data subject withdraws his or her consent, the controller shall be also allowed to refuse further provision of services if the processing is necessary because of the nature of the service or the functioning of the filling system. To ensure transparency, the controller should be obliged to explicitly inform the data subject on the legitimate interests pursued and on the right to object, and also be obliged to document these legitimate interests. Given that it is for the legislator to provide by law the legal basis for public authorities to process data, this legal ground should not apply for the processing by public authorities in the performance of their tasks.
Amendment 126 #
2012/0011(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) The principles of fair and transparent processing require that the data subject should be informed in particular of the existence of the processing operation and its purposes, the criteria which may be used to determine how long the data will be stored for each purpose, on the existence of the right of access, rectification or erasure and on the right to lodge a complaint. Where the data are collected from the data subject, the data subject should also be informed whether they are obliged to provide the data and of the consequences, in cases they do not provide such data.
Amendment 127 #
2012/0011(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Any person should have the right of access to data which has been collected concerning them, and to exercise this right easily, in order to be aware and verify the lawfulness of the processing. Every data subject should therefore have the right to know and obtain communication in particular for what purposes the data are processed, for what periodthe criteria which may be used to determine for how long the data will be stored for each purpose, which recipients receive the data, what is the logic of the data that are undergoing the processing and what might be, at least when based on profiling, the consequences of such processing. This right should not adversely affect the rights and freedoms of others, including trade secrets or intellectual property and in particular the copyright protecting the software. However, the result of these considerations should not be that all information is refused to the data subject.
Amendment 128 #
2012/0011(COD)
Proposal for a regulation
Recital 55
Recital 55
Amendment 129 #
2012/0011(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) ComprehensiveOverall responsibility and liability of the controller for any processing of personal data carried out by the controller or on the controller's behalf should be established. In particular, the controller should ensure and be obliged to demonstrate the compliance of each processing operation with this Regulation.
Amendment 132 #
2012/0011(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) The protection of the rights and freedoms of data subjects as well as the responsibility and liability of controllers and processor, also in relation to the monitoring by and measures of supervisory authorities, requires a clear attribution of the responsibilities under this Regulation, including where a controller determines the purposes, conditions and means of the processing jointly with other controllers or where a processing operation is carried out on behalf of a controller. Where joint and several liability applies, a processor which has made amends for damage done to the data subject concerned may bring an action against the controller for reimbursement if it has acted in conformity with the legal act binding it to the controller.
Amendment 134 #
2012/0011(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) In order to demonstrate compliance with this Regulation, the controller or processor should keep a document each processing operationary record of all the processing systems and procedures for which they are responsible. Each controller and processor should be obliged to co-operate with the supervisory authority and make this documentation, on request, available to it, so that it might serve for monitoring those processing operations.
Amendment 137 #
2012/0011(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) A personal data breach may, if not addressed in an adequate and timely manner, result in substantial economic loss and social harm, including identity fraud, to the individual concerned. Therefore, as soon as the controller becomes aware that such a breach which would have a significant impact on the data subject has occurred, the controller should notify the breach to the supervisory authority without undue delay and, where feasible, within 24 hours. Where this cannot achieved within 24 hours, an explanation of the reasons for the delay should accompany the notification. The individuals whose personal data could be significantly adversely affected by the breach should be notified without undue delay in order to allow them to take the necessary precautions. A breach should be considered as significantly adversely affecting the personal data or privacy of a data subject where it could result in, for example, identity theft or fraud, physical harm, significant humiliation or damage to reputation. The notification should describe the nature of the personal data breach as well as recommendations as well as recommendations for the individual concerned to mitigate potential adverse effects. Notifications to data subjects should be made as soon as reasonably feasible, and in close cooperation with the supervisory authority and respecting guidance provided by it or other relevant authorities (e.g. law enforcement authorities). For example, the chance for data subjects to mitigate an immediate risk of harm would call for a prompt notification of data subjects whereas the need to implement appropriate measures against continuing or similar data breaches may justify a longer delay.
Amendment 142 #
2012/0011(COD)
Proposal for a regulation
Recital 118
Recital 118
(118) Any damage which a person may suffer as a result of unlawful processing should be compensated by the controller or processor, who may be exempted from liability if they prove that they are not responsible for the damage, in particular where he establishes fault on the part of the data subject or in case of force majeure. Where joint and several liability applies, a processor which has made amends for damage done to the data subject concerned may bring an action against the controller for reimbursement if it has acted in conformity with the legal act binding it to the controller.
Amendment 143 #
2012/0011(COD)
Proposal for a regulation
Recital 129
Recital 129
(129) In order to fulfil the objectives of this Regulation, namely to protect the fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data and to ensure the free movement of personal data within the Union, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. In particular, delegated acts should be adopted in respect of lawfulness of processing; specifying the criteria and conditions in relation to the consent of a child; processing of special categories of data; specifying the criteria and conditions for manifestly excessive requests and fees for exercising the rights of the data subject; criteria and requirements for the information to the data subject and in relation to the right of access; the right to be forgotten and to erasure; measures based on profiling; criteria and requirements in relation to the responsibility of the controller and to data protection by design and by default; a processor; criteria and requirements for the documentation and the security of processing; criteria and requirements for establishing a personal data breach and for its notification to the supervisory authority, and on the circumstances where a personal data breach is likely to adversely affect the data subject; the criteria and conditions for processing operations requiring a data protection impact assessment; the criteria and requirements for determining a high degree of specific risks which require prior consultation; designation and tasks of the data protection officer; codes of conduct; criteria and requirements for certification mechanisms; criteria and requirements for transfers by way of binding corporate rules; transfer derogations; administrative sanctions; processing for health purposes; processing in the employment context and processing for historical, statistical and scientific research purposes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 144 #
2012/0011(COD)
Proposal for a regulation
Recital 130
Recital 130
(130) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission for: specifying standard forms in relation to the processing of personal data of a child; standard procedures and forms for exercising the rights of data subjects; standard forms for the information to the data subject; standard forms and procedures in relation to the right of access; the right to data portability; standard forms in relation to the responsibility of the controller to data protection by design and by default and toin respect of the documentation; specific requirements for the security of processing; the standard format and the procedures for the notification of a personal data breach to the supervisory authority and the communication of a personal data breach to the data subject; standards and procedures for a data protection impact assessment; forms and procedures for prior authorisation and prior consultation; technical standards and mechanisms for certification; the adequate level of protection afforded by a third country or a territory or a processing sector within that third country or an international organisation; disclosures not authorized by Union law; mutual assistance; joint operations; decisions under the consistency mechanism. 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 the Member States of the Commission's exercise of implementing powers46. In this context, the Commission should consider specific measures for micro, small and medium-sized enterprises.
Amendment 145 #
2012/0011(COD)
Proposal for a regulation
Recital 131
Recital 131
(131) The examination procedure should be used for the adoption of specifying standard forms in relation to the consent of a child; standard procedures and forms for exercising the rights of data subjects; standard forms for the information to the data subject; standard forms and procedures in relation to the right of access; the right to data portability; standard forms in relation to the responsibility of the controller to data protection by design and by default and toin respect of the documentation; specific requirements for the security of processing; the standard format and the procedures for the notification of a personal data breach to the supervisory authority and the communication of a personal data breach to the data subject; standards and procedures for a data protection impact assessment; forms and procedures for prior authorisation and prior consultation; technical standards and mechanisms for certification; the adequate level of protection afforded by a third country or a territory or a processing sector within that third country or an international organisation; disclosures not authorized by Union law; mutual assistance; joint operations; decisions under the consistency mechanism, given that those acts are of general scope.
Amendment 151 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(e a) of natural person pursuing economic activity, which identify this person on the market;
Amendment 153 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e b (new)
Article 2 – paragraph 2 – point e b (new)
(e b) of a natural person which are made public in the course of exercising professional duties such as name, contact details and function;
Amendment 154 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. This Regulation shall be without prejudice to the application of Directive 2000/31/EC, in particular of the liability rules of intermediary service providers in Articles 12 to 15 of that Directive. , as well as to the specific provisions of Union law or law of Member States related to processing of data, especially with regard to legally protected interests, when they provide for a stricter protection than the provisions of this regulation;
Amendment 157 #
2012/0011(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) the offerdirecting of goods or services to such data subjects in the Union, irrespective of whether these are provided free of charge in relation to the data subject or not; or
Amendment 164 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
(1) ‘data subject’ means an identified natural person or a natural person who can be identified, directly or indirectly, by means reasonably likely to be used by the controller or by any other natural or legal person to whom data have been disclosed by the controller, in particular by reference to an identification number, location data, online identifier or other unique identifiers or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person;
Amendment 166 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2 a (new)
Article 4 – paragraph 1 – point 2 a (new)
(2 a) 'Anonymous data' means any data that has been collected, altered or otherwise processed in such a way that it can no longer be attributed to a data subject or that such attribution would require a disproportionate amount of time, cost and effort; anonymous data shall not be considered personal data.
Amendment 172 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 5
Article 4 – paragraph 1 – point 5
(5) ‘controller’ means the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes, conditions and means of the processing of personal data; where the purposes, conditions and means of processing are determined by Union law or Member State law, the controller or the specific criteria for his nomination may be designated by Union law or by Member State law;
Amendment 176 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 8 a (new)
Article 4 – paragraph 1 – point 8 a (new)
(8 a) 'profiling' means automated processing intended to evaluate certain personal aspects relating to this natural person or to analyse or predict in particular the natural person's performance at work, economic situation, location, health, personal preferences, reliability or behaviour;
Amendment 181 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 18
Article 4 – paragraph 1 – point 18
(18) ‘child’ means any person below the age of 183 years;
Amendment 187 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) processing is necessary for compliance with a legal obligation to which the controller is subject or for exercising the rights of the controller.;
Amendment 202 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 215 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. The legislation of the Member State in which a person lacking the legal capacity to act resides shall apply when determining the conditions under which consent is given or authorised by that person.
Amendment 219 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of this Regulation, in relation to the offering of information societygoods or services directly to a child, the processing of personal data of a child below the age of 13 years shall only be lawful if and to the extent that consent is given or authorised by the child'’s parent or custodianlegal representative. The controller shall make reasonable efforts to obtain verifiable consent, taking into consideration available technology.
Amendment 221 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 229 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point e
Article 9 – paragraph 2 – point e
(e) the processing relates to personal data which are manifestly made public by the data subject or which are freely transferred to the controller on the initiative of data subject and which are processed for the specific purpose determined by data subject and in his interest; or
Amendment 232 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 234 #
2012/0011(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The controller shall provide any information and any communication relating to the processing of personal data to the data subject in an intelligible form, using clear and plain language, adapted to the data subject, in particular for any information addressed specifically to a child.
Amendment 239 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The information and the actions taken on requests referred to in paragraph 1 shall be free of charge. Where requests are vexatious or manifestly excessive, in particular because of their repetitive character, the controller may charge a fee for providing the information or taking the action requested, or the controller may not take the action requested. In that case, the controller shall bear the burden of proving the manifestly excessive character of the request.
Amendment 243 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 244 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 247 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Where personal data relating to a data subject are collected, the controller shall provide the data subject with at least the following information:
Amendment 249 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
c) the criteria for determining the period for which the personal data will be stored for each purpose;
Amendment 250 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point g
Article 14 – paragraph 1 – point g
g) where applicable, that the controller intends to transfer to a third country or international organisation and on the level of protection afforded by that third country or international organisation by referexistence or absence tof an adequacy decision by the Commission;
Amendment 251 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point h
Article 14 – paragraph 1 – point h
h) any further information which the controller considers necessary to guarantee fair processing in respect of the data subject, having regard to the specific circumstances in which the personal data are collected.
Amendment 257 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point d
Article 15 – paragraph 1 – point d
(d) the period forrules according to which the personaliod for which data will be stored is determined;
Amendment 259 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The data subject shall have the right to obtain from the controller communication of the personal data undergoing processing. Where the data subject makes the request in electronic form, the information shall be provided in electronic form, unless otherwise requested by the data subject.if available in a structured and commonly used format, unless otherwise requested by the data subject. This is without prejudice to the right of the controller to determine other form of handling requests for information specified in point 1 if it is justified by the necessity of verifying the identity of subject requesting such information;
Amendment 261 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The data subject shall have the right to obtain from the controller communication of the personal data undergoing processing. Where the data subject makes the request in electronic form, the information shall be provided in electronic form, unless otherwise requested by the data subject. The controller shall use all reasonable measures to verify the identity of a data subject requesting access to data.
Amendment 273 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 278 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 4 – point c
Article 17 – paragraph 4 – point c
Amendment 279 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 4 – point d
Article 17 – paragraph 4 – point d
Amendment 280 #
2012/0011(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 288 #
2012/0011(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Where an objection is upheld pursuant to paragraphs 1 and 2, the controller shall no longer use or otherwise process the personal data concerned for the purposes determined in the objection.
Amendment 302 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point b
Article 20 – paragraph 2 – point b
(b) is expressly authorized by a Union or Member State law which also lays down suitable measures to safeguard the data subject's legitimate interests; or
Amendment 305 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point c a (new)
Article 20 – paragraph 2 – point c a (new)
(c a) is carried out for the purpose of monitoring and prevention of fraud
Amendment 307 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point c b (new)
Article 20 – paragraph 2 – point c b (new)
(c b) is carried out based on a well founded suspicion of committing a crime to the detriment of the controller, especially banks, financial and credit institutions and their clients
Amendment 308 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point c c (new)
Article 20 – paragraph 2 – point c c (new)
(c c) is carried out for the purpose of assessing credit worthiness, assuring safety and reliability of services provided by the controller
Amendment 316 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 321 #
2012/0011(COD)
Proposal for a regulation
Article 22 – title
Article 22 – title
Amendment 322 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 326 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The controller shall implement mechanisms for ensuring that, by default, only those personal data are collected for purposes which are defined, explicit and legitimate and only those personal data are processed which are necessary for each specific purpose of the processing and are especially not collected or retained beyond the minimum necessary for those purposes, both in terms of the amount of the data and the time of their storage. In particular, those mechanisms shall ensure that by default personal data are not made accessible to an indefinite number of individuals.
Amendment 329 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 331 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
Amendment 337 #
2012/0011(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Each controller and processor and, if any, the controller's representative, shall maintain documentation of all processing operationsystems and procedures under its responsibility.
Amendment 339 #
2012/0011(COD)
Proposal for a regulation
Article 28 – paragraph 2 – introductory part
Article 28 – paragraph 2 – introductory part
2. The documentation shall contain at least the following information:
Amendment 348 #
2012/0011(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
Amendment 349 #
2012/0011(COD)
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
Amendment 350 #
2012/0011(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The controller and the processor shall, following an evaluation of the risks, take the measures referred to in paragraph 1 to protect personal data against accidental or unlawful destruction or accidental loss and to prevent any unlawful forms of processing, in particular any unauthorised disclosure, dissemination or access, or alteration of personal data breach.
Amendment 351 #
2012/0011(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 352 #
2012/0011(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 353 #
2012/0011(COD)
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
Amendment 354 #
2012/0011(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In the case of a significant personal data breach, the controller shall without undue delay and, where feasible, not later than 24 hours after having become aware of it, notify the personal data breach to the supervisory authority. The notification to the supervisory authority shall be accompanied by a reasoned justificationnotify the personal data breach to the supervisory authority. Data breach shall be considered significant if int cases where it is not made within 24 hoursould adversely affect privacy of the data subject.
Amendment 358 #
2012/0011(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In the case of a personal data breach which significantly affects the data subject, the controller shall, without undue delay and, where feasible, not later than 24 hours after having become aware of it, notify the personal data breach to the supervisory authority. The notification to the supervisory authority shall be accompanied by a reasoned justification in cases where it is not made within 24 hours.
Amendment 360 #
2012/0011(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The protection afforded by this Regulation concerns natural persons, whatever their nationality or place of residence, in relation to the processing of personal data, except for those pursuing economic activity, which identifies them on the market. With regard to the processing of data which concern legal persons and in particular undertakings established as legal persons, including the name and the form of the legal person and the contact details of the legal person, the protection of this Regulation should not be claimed by any person. This should also apply where the name of the legal person contains the names of one or more natural persons.
Amendment 361 #
2012/0011(COD)
Proposal for a regulation
Article 31 – paragraph 3 – introductory part
Article 31 – paragraph 3 – introductory part
3. The notification referred to in paragraph 1 must at leastif possible:
Amendment 362 #
2012/0011(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
Amendment 363 #
2012/0011(COD)
Proposal for a regulation
Article 31 – paragraph 6
Article 31 – paragraph 6
Amendment 366 #
2012/0011(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. When the personal data breach is likely to adversely affect the protection of the personal data or privacy of the data subject, the controller shall, after the notification referred to in Article 31, communicate the personal data breach to the data subject without undue delay.
Amendment 372 #
2012/0011(COD)
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
Amendment 373 #
2012/0011(COD)
Proposal for a regulation
Article 32 – paragraph 6
Article 32 – paragraph 6
Amendment 383 #
2012/0011(COD)
Proposal for a regulation
Article 33 – paragraph 6
Article 33 – paragraph 6
Amendment 384 #
2012/0011(COD)
Proposal for a regulation
Article 33 – paragraph 7
Article 33 – paragraph 7
Amendment 385 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 8
Article 34 – paragraph 8
Amendment 386 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 9
Article 34 – paragraph 9
Amendment 392 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 7
Article 35 – paragraph 7
Amendment 395 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 10
Article 35 – paragraph 10
10. Data subjects shall have the right to contact the data protection officer on all issues related to the processing of the data subject's data and to request exercising the rights under this Regulation.
Amendment 396 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 11
Article 35 – paragraph 11
Amendment 401 #
2012/0011(COD)
Proposal for a regulation
Article 44 – paragraph 7
Article 44 – paragraph 7
Amendment 403 #
2012/0011(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Where the processing of personal data takes place iIn the context of the activities of an establishment of a controller or a processor in the Union, and the controller or processor is established in more than one Member State, the supervisory authority of the Member State where the main establishment of the controller or processor is situated shall be competent for the supervision of the processing activities of the controller or the processor in all Member States, without prejudice. This supervisory authority shall be obliged to cooperate with the other supervisory authorities and with the Commission, pursuant to the provisions of Chapter VII of this Regulation.
Amendment 405 #
2012/0011(COD)
Proposal for a regulation
Article 59 – paragraph 4
Article 59 – paragraph 4
4. Where the supervisory authority concerned intends not to follow the opinion of the Commission, it shall inform the Commission and the European Data Protection Board thereof within the period referred to in paragraph 1 and provide a justification. In this case the draft measure shall not be adopted for one further month.
Amendment 406 #
2012/0011(COD)
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
Amendment 410 #
2012/0011(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Consent should be given freely and without pressure from the controller and explicitly by any appropriate method enabling a freely given specific andn informed indication of the data subject’s wishes, either by a statement or by a clear affirmative action by the data subject, ensuring that individuals are aware that they give their consent to the processing of personal data, including by ticking a box when visiting an Internet website or by any other statement or conduct which clearly indicates in this context the data subject’s acceptance of the proposed processing of their personal data. Silence or inactivity should therefore not constitute consent. Consent should cover all processing activities carried out for the same purpose or purposes. If the data subject’s consent is to be given following an electronic request, the request must be clear, concise and not unnecessarily disruptive to the use of the service for which it is provided.
Amendment 412 #
2012/0011(COD)
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
Amendment 418 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 1
Article 79 – paragraph 1
1. Each supervisory authority, competent in accordance with Article 51 shall be empowered to impose administrative sanctions in accordance with this Article.
Amendment 419 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 2
Article 79 – paragraph 2
2. The administrative sanction shall be in each individual case effective, proportionate and dissuasive. The amount of the administrative fine shall be fixed with due regard to the nature, gravity and duration of the breach, the intentional or negligent character of the infringement, the particular categories of personal data, the degree of responsibility of the natural or legal person and of previous breaches by this person, the technical and organisational measures and procedures implemented pursuant to Article 23 and the degree of co-operation with the supervisory authority in order to remedy the breach.
Amendment 425 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 3 – point a
Article 79 – paragraph 3 – point a
Amendment 427 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 3 – point b
Article 79 – paragraph 3 – point b
Amendment 430 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 4 – introductory part
Article 79 – paragraph 4 – introductory part
4. The supervisory authority shallmay impose a fine up to 250 000 EUR, or in case of an enterprise up to 0,5 % of its annual worldwide turnover, to anyone who, intentionally or negligently:
Amendment 433 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 5 – introductory part
Article 79 – paragraph 5 – introductory part
5. The supervisory authority shallmay impose a fine up to 500 000 EUR, or in case of an enterprise up to 1 % of its annual worldwide turnover, to anyone who, intentionally or negligently:
Amendment 436 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 6 – introductory part
Article 79 – paragraph 6 – introductory part
6. The supervisory authority shallmay impose a fine up to 1 000 000 EUR or, in case of an enterprise up to 2 % of its annual worldwide turnover, to anyone who, intentionally or negligently:
Amendment 438 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 7
Article 79 – paragraph 7
Amendment 447 #
2012/0011(COD)
Proposal for a regulation
Article 86 – paragraph 2
Article 86 – paragraph 2
2. The delegation of powerpower to adopt delegated acts referred to in Article 6(5), Article 8(3), Article 9(3), Article 12(5), Article 14(7), Article 15(3), Article 17(9), Article 20(6), Article 22(4), Article 23(3), Article 26(5), Article 28(5), Article 30(3), Article 31(5), Article 32(5), Article 33(6), Article 34(8), Article 35(11), Article 37(2), Article 39(2), Article 43(3), Article 44(7), Article 79(6), Article 81(3), Article 82(3) and Article 83(3) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.
Amendment 447 #
2012/0011(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Consent should not provide a valid legal ground for the processing of personal data, where there isbe expressed freely and without pressure from the controller. Consent cannot be deemed as freely given when due to a clear imlack of balance between the data subject and the controller, a refusal to give consent could result in adverse financial or legal consequences for the data subject. This is especially the case where the data subject is in a situation of dependence from the controller, among others, where personal data are processed by the employer of employees’ personal data in the employment context. Where the controller is a public authority, there would be an imbalance only in the specific data processing operations where the public authority can impose an obligation by virtue of its relevant public powers and the consent cannot be deemed as freely given, taking into account the interest of the data subject.
Amendment 449 #
2012/0011(COD)
Proposal for a regulation
Article 86 – paragraph 2
Article 86 – paragraph 2
2. The delegation of power referred to in Article 6(5), Article 8(3), Article 9(3), Article 12(5), Article 14(7), Article 15(3), Article 17(9), Article 20(6), Article 22(4), Article 23(3), Article 26(5), Article 28(5), Article 30(3), Article 31(5), Article 32(5), Article 336), Article 34(8), Article 35(11), Article 37(2), Article 39(2), Article 43(3), Article 44(7), Article 79(6), Article 81(3), Article 82(3) and Article 83(3) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.
Amendment 450 #
2012/0011(COD)
Proposal for a regulation
Article 86 – paragraph 3
Article 86 – paragraph 3
3. The delegation of power referred to in Article 6(5), Article 8(3), Article 9(3), Article 12(5), Article 14(7), Article 15(3), Article 17(9), Article 20(6), Article 22(4), Article 23(3), Article 26(5), Article 28(5), Article 30(3), Article 31(5), Article 32(5), Article 33(6), Article 34(8), Article 35(11), Article 37(2), Article 39(2), Article 43(3), Article 44(7), Article 79(6), Article 81(3), Article 82(3) and Article 83(3) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 452 #
2012/0011(COD)
Proposal for a regulation
Article 86 – paragraph 3
Article 86 – paragraph 3
3. The delegation of power referred to in Article 6(5), Article 8(3), Article 9(3), Article 12(5), Article 14(7), Article 15(3), Article 17(9), Article 20(6), Article 22(4), Article 23(3), Article 26(5), Article 28(5), Article 30(3), Article 31(5), Article 32(5), Article 33(6), Article 34(8), Article 35(11), Article 37(2), Article 39(2), Article 43(3), Article 44(7), Article 79(6), Article 81(3), Article 82(3) and Article 83(3) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 453 #
2012/0011(COD)
Proposal for a regulation
Article 86 – paragraph 5
Article 86 – paragraph 5
5. A delegated act adopted pursuant to Article 6(5), Article 8(3), Article 9(3), Article 12(5), Article 14(7), Article 15(3), Article 17(9), Article 20(6), Article 22(4), Article 23(3), Article 26(5), Article 28(5), Article 30(3), Article 31(5), Article 32(5), Article 33(6), Article 34(8), Article 35(11), Article 37(2), Article 39(2), Article 43(3), Article 44(7), Article 79(6), Article 81(3), Article 82(3) and Article 83(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 454 #
2012/0011(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The legitimate interests of a controller may provide a legal basis for processing, provided that the interests or the fundamental rights and freedoms of the data subject are not overriding. This would need careful assessment in particular where the data subject is a child, given that children deserve specific protection. The data subject should have the right to object the processing, on grounds relating to their particular situation and free of charge. A legitimate interest pursued by a controller may include in particular direct marketing of controller's goods and services and enforcement of the controller’s claims. When data subject withdraws his or her consent, the controller should be also allowed to refuse further provision of services if the processing is necessary because of the nature of the service or the functioning of the filling system. To ensure transparency, the controller should be obliged to explicitly inform the data subject on the legitimate interests pursued and on the right to object, and also be obliged to document these legitimate interests. Given that it is for the legislator to provide by law the legal basis for public authorities to process data, this legal ground should not apply for the processing by public authorities in the performance of their tasks.
Amendment 455 #
2012/0011(COD)
Proposal for a regulation
Article 86 – paragraph 5
Article 86 – paragraph 5
5. A delegated act adopted pursuant to Article 6(5), Article 8(3), Article 9(3), Article 12(5), Article 14(7), Article 15(3), Article 17(9), Article 20(6), Article 22(4), Article 23(3), Article 26(5), Article 28(5), Article 30(3), Article 31(5), Article 32(5), Article 33(6), Article 34(8), Article 35(11), Article 37(2), Article 39(2), Article 43(3), Article 44(7), Article 79(6), Article 81(3), Article 82(3) and Article 83(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 479 #
2012/0011(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) The principles of fair and transparent processing require that the data subject should be informed in particular of the existence of the processing operation and its purposes, how long the data will be stored, and if not possible the criteria used to determine the data storage period, on the existence of the right of access, rectification or erasure and on the right to lodge a complaint. Where the data are collected from the data subject, the data subject should also be informed whether they are obliged to provide the data and of the consequences, in cases they do not provide such data.
Amendment 485 #
2012/0011(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Any person should have the right of access to data which has been collected concerning them, and to exercise this right easily, in order to be aware and verify the lawfulness of the processing. Every data subject should therefore have the right to know and obtain communication in particular for what purposes the data are processed, for what period, and if not possible the criteria used to determine the data storage period, which recipients receive the data, what is the logic of the data that are undergoing the processing and what might be, at least when based on profiling, the consequences of such processing. This right should not adversely affect the rights and freedoms of others, including trade secrets or intellectual property and in particular the copyright protecting the software. However, the result of these considerations should not be that all information is refused to the data subject.
Amendment 692 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(ea) natural person pursuing economic activity, which identifies this person on the market;
Amendment 693 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e b (new)
Article 2 – paragraph 2 – point e b (new)
(eb) of a natural person which data are made public in the course of exercising professional duties such as name, contact details and function;
Amendment 697 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. If the separate provisions of the European Union or the Member States law provide for more advanced protection of personal data than provided by this Regulation, these provisions shall be implemented complementarily. This applies in particular to the secrecy protected by law, e.g. bank secrecy.
Amendment 698 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 3 b (new)
Article 2 – paragraph 3 b (new)
3b. The information disclosed in accordance with the law in national registers of economic entities is not protected under this Regulation to the extent that it identifies entities on the market.
Amendment 771 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 9
Article 4 – paragraph 1 – point 9
(9) ‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;
Amendment 788 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 13
Article 4 – paragraph 1 – point 13
(13) ‘main establishment’ means as regards the controller, the place of its establishment in the Union where the main decisions as to the purposes, conditions and means of the processing of personal data are taken; i. In case of a group of undertakings, it is the place of establishment of the company with the dominant position over rest of the group as regards data protection policy. If no decisions as to the purposes, conditions and means of the processing of personal data are taken in the Union, the main establishment is the place where the main processing activities in the context of the activities of an establishment of a controller in the Union take place. As regards the processor, ‘main establishment’ means the place of its central administration in the Unionthe same rules apply. The competent authority shall be informed by the controller and processor of the designation of a ‘main establishment’;
Amendment 861 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) processing is necessary for exercise of the right or compliance with a legal obligation to which the controller is subject;
Amendment 877 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) processing is necessary for the purposes of the legitimate interests pursued by a controller, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular wherewithout prejudice to the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child, processing is necessary for the purposes of the legitimate interests pursued by a controller, in particular: - direct marketing for its own and similar products and services, - the enforcement of the claims of the controller or of a third party on behalf of which the controller is acting in relation to the data subject, or for preventing or limiting damage by the data subject is a child.to the controller This shall not apply to processing carried out by public authorities in the performance of their tasks.
Amendment 893 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(fa) processing is necessary in the employment context, in particular for the purposes of the recruitment, the performance of the contract of employment, including discharge of obligations laid down by law or by collective agreements, management, planning and organization of work, health and safety at work, and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship, as well as for the purpose of entering, updating, improving, and modifying employees' data processing systems, including technical security systems designed to protect employees' data against unauthorized access by third parties, including transformation, viruses and malware;
Amendment 982 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. In the event that the data subject withdraws consent, the controller may refuse to provide further services if the processing of the data is vital for the provision of the service or ensuring the appropriate level of services.
Amendment 993 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Consent shall not provide a legal basis for the processing, where there is if, due to a significant imbalance between the position of the data subject and the controllercontroller and the data subject, it has not been given freely, in accordance with Article 4(8).
Amendment 1011 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of this Regulation, in relation to the offering of information society services directly to a child, the processing of personal data of a child below the age of 13 years shall only be lawful if and to the extent that consent is given or authorised by the child's parent or custodian. The controller shall make reasonable efforts to obtain verifiable consent, taking into consideration available technology.
Amendment 1052 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller in the field of employment law in so far as it is authorised by Union law or Member State law providing for adequate safeguards ensuring the fundamental rights of the data subject such as right to non-discrimination; or
Amendment 1066 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point g
Article 9 – paragraph 2 – point g
(g) processing is necessary for the performance of a task carried out in the public interest, on the basis of Union law, or Member State law which shall provide for suitable measures to safeguard the data subject's legitimate interests and fundamental rights; or
Amendment 1141 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The information and the actions taken on requests referred to in paragraph 1 shall be free of charge. Where requests are manifestly excessive, in particular because of their repetitivf the request of the same character repeats more ctharactern once per 6 months, the controller may charge an administrative fee for providing the information or taking the action requested, or the controller may not take the action requested. In that case, the controller shall bear the burden of proving the manifestly excessive characterrepetitiveness of the request.
Amendment 1166 #
2012/0011(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
The controller shall communicate any rectification or erasure carried out in accordance with Articles 16 and 17 to each recipient with whom he stays in contractual relationship and to whom the data have been disclosed, unless this proves impossible or involves a disproportionate effort.
Amendment 1196 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) the period for which the personal data will be stored and if not possible the criteria used to determine this period;
Amendment 1332 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The data subject shall have the right to obtain from the controller communication of the personal data undergoing processing. Where the data subject makes the request in electronic form, the information shall be provided in electronic form, unless otherwise requested by the data subject. This is without prejudice to the right of the controller to determine other form of handling requests for information specified in point 1 if it is justified by the necessity of verifying the identity of subject requesting such information.
Amendment 1342 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. The data subject shall have the right, where personal data are processed by electronic means, to obtain from the controller a copy of data undergoing processing in an electronic and structured format which allows for further use.
Amendment 1412 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 1491 #
2012/0011(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 1548 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Every natural person, both off-line and online, shall have the right not to be subject to a measure which produces legal effects concerning this natural person or significantly affects this natural person, and which is based solely on automated processing intended to evaluate certain personal aspects relating to this natural person or to analyse or predict in particular the natural person's performance at work, economic situation, location, health, personal preferences, reliability or behaviour.
Amendment 1564 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point a
Article 20 – paragraph 2 – point a
(a) is carried out in the course of the entering into, or performance of, a contract, where the request for the entering into or the performance of the contract, lodged by the data subject, has been satisfiexamined or where suitable measures to safeguard the data subject's legitimate interests have been adduced, such asincluding the right to obtain the information on the profiling criteria and the right to obtain human intervention; or
Amendment 1573 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point b
Article 20 – paragraph 2 – point b
(b) is expressly authorized by a Union or Member State law which also lays down suitable measures to safeguard the data subject's legitimate interests and fundamental rights, including the right to non- discrimination; or
Amendment 1609 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. In the cases referred to in paragraph 2, the information to be provided by the controller under Articles14 and 145 shall include information as to the existence of processing for a measure of the kind referred to in paragraph 1, including the criteria for the processing in question and the envisaged effects of such processing on the data subject.
Amendment 1759 #
2012/0011(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point b
Article 25 – paragraph 2 – point b
(b) an enterprise employing fewer than 250 persons, unless its core activities, regardless the number of the employees, consist of processing operations which, by virtue of their nature, their scope and/or their purposes, require regular and systematic monitoring of data subjects; or
Amendment 2230 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 7
Article 35 – paragraph 7
7. The controller or the processor shall designate a data protection officer for a period of at least two years. The data protection officer may be reappointed for further terms. During their term of office, the data protection officer may only be dismissed, if the data protection officer no longer fulfils the conditions required for the performance of their duties.
Amendment 11 #
2011/2302(REG)
Rule 197 a (new) – paragraphs 1 to 7 (new)
Amendment 48 #
2011/2298(REG)
Parliament's Rules of Procedure
Rule 70 a (new)
Rule 70 a (new)
Rule 70a Approval of a decision on the opening of interinstitutional negotiations prior to the adoption of a report at first reading 1. Any decision by a committee on the opening of negotiations prior to the adoption of a report at first reading shall be translated into all the official languages, distributed to all Members of Parliament and submitted to the Conference of Presidents. 2. If so requested by at least one political group, the Conference of Presidents shall include the item, for consideration with a debate, opening of a deadline for amendments and vote, in the draft agenda of the part-session subsequent to its adoption by the committee responsible and distribution in all the official languages. 3. In the absence of such decision by the Conference of Presidents, the decision on the opening of negotiations shall be announced by the President at the opening of the subsequent part-session. That decision shall be deemed to be adopted unless, within 48 hours after the announcement, 40 Members request in writing that the item be included in the draft agenda of the part-session subsequent to the announcement for consideration with a debate and vote. The President shall set a deadline for the tabling of amendments. 4. The report as adopted by plenary shall form the basis for the mandate of the negotiating team and shall be refered back to the committee responsible as such. The committee responsible shall take a decision on any agreement reached as an outcome of those negotiations.
Amendment 5 #
2011/2191(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Invites the Member States to proceed with the ratificaPoints out that procedures for the adoption of the Accession Treaty with the Republic of Croatia without linking it to any other ratification procedures so as to avoid any undue delay in the date of accessionand of the protocols requested by Ireland and by the Czech Republic have a different treaty base, art. 49 TUE and 48 TUE respectively and therefore could not be legally incorporated into a one single act; stresses that the two procedures may coincide in time, reflecting the spirit of the political agreement incorporated into the Council's conclusions of June and October 2009; however, that the delay in the final agreement concerning the two said protocols should in no way delay the signature and ratification of the Accession Treaty with the Republic of Croatia.
Amendment 58 #
2011/2174(REG)
Parliament's Rules of Procedure
Annex I (new) – Article 7 (new)
Annex I (new) – Article 7 (new)
Article 7 Advisory Committee on the Conduct of Members 1. An Advisory Committee on the Conduct of Members ("the Advisory Committee") is hereby established. 2. The Advisory Committee shall be composed of five members, nominated by the President and elected by Parliament at the beginning of his or her term-of-office from amongst the members of the bureaux and the coordinators of the Committee on Constitutional Affairs and the Committee on Legal Affairs, taking due account of the Members' experience and of political balance. Each Member of the Advisory Committee shall serve as chair for six months on a rotating basis. 3. The President shall also, at the beginning of his or her term-of-office, nominate and the Parliament shall elect reserve Members for the Advisory Committee, one for each group not represented in the Advisory Committee. In the event of an alleged breach of this Code of Conduct by a Member of a political group not represented in the Advisory Committee, the relevant reserve Member shall serve as a 6th full Member of the Advisory Committee for the alleged breach under consideration. 4. The Advisory Committee shall give guidance to Members for the interpretation and implementation of the provisions of this Code of Conduct and shall respond within 30 calendar days. At the request of the President, the Advisory Committee shall also assess alleged cases of breach of this Code of Conduct and advise the President on possible action to be taken. The proceedings of the Advisory Committee must be transparent: its assessments shall constitute a body of precedent and a record of its proceedings shall be made. 5. The Advisory Committee may, after consulting the President, seek advice from outside experts.
Amendment 4 #
2011/2157(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Supports the consolidation in the ENP of previously separated strands of foreign and assistance policy; looks for a strengthened network of institutional arrangements which is stable, economical and purposefully dedicated to developing closer economic integration and political association among all those involved, including the alignment of values with the European Union at all international fora, especially at the United Nations;
Amendment 5 #
2011/2157(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the need for decentralisation of ENP, aiming at greater involvement of the societies in the countries involved, welcomes in this respect Commission’s commitment to building partnerships with societies through such instruments as Civil Society Facility;
Amendment 8 #
2011/2157(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the Commission’s intention to avoid duplication, to concentrate on strategic issues within the multilateral fora of the ENP and to use subregional and bilateral contacts for specific investment projects and cooperation programmes; stresses the importance of building effective subregional partnerships within the wider Mediterranean region and continuing similar efforts within the Eastern Partnership;
Amendment 11 #
2011/2157(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers the Union for the Mediterranean to have been misconceived, poorly executed and even counterproductive; insists, therefore, on the full incorporation of the European side of the partnership into the conventional EU framework under the auspices of the High Representative/Vice- President and the European External Action ServiceRecognises the challenges facing the project of the Union for the Mediterranean, which has not so far fulfilled its task and has not been instrumental in enhancing cooperation in the wider Mediterranean region; Stresses at the same time that developments in the region require greatest attention and engagement of the Union that should also involve actions promoting regional cooperation; Calls therefore for re-examination of the existing structures for regional cooperation and their adaptation to the needs arising from the new situation;
Amendment 19 #
2011/2157(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Supports Parliament’s role in the ENP while noting the increased pressure on MEPs and Parliament’s services of maintaining effectively the growing number of multilateral and bilateral forms of parliamentary cooperation; urges continual assessment of the added value and practical organisation oftresses that despite its challenges the parliamentary dimension remains a very important component of ENP, enabling not only exchange of views, but also experiences, equally important to parliamentarism in the countries concerned; Advises that for the well functioning of this dimension a systematical assessment of the practical arrangements EuroNest and the Euro- Mediterranean Parliamentary Assembly be undertaken for their improvement wherever possible;
Amendment 21 #
2011/2157(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recommends a clear separation between the respective intergovernmental and nongovernmental functions of the European Instrument for Democracy and Human Rights and the European Endowment for Democracy, which should be complementary to each other; notes the need for quick and flexible methods of EU sponsorship for the support of pluralistic civil society, including democratic political parties, contributing to the development of deep, stable, secular democracy;
Amendment 23 #
2011/2157(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 1 #
2011/2152(ACI)
Proposal for a decision
Recital -A (new)
Recital -A (new)
-A. Whereas a political agreement was reached on 27 June 2013 at the highest political level between the European Parliament, the Irish Presidency of the Council and the Commission on the Multiannual Financial Framework 2014-2020 and a new interinstitutional agreement;
Amendment 2 #
2011/2152(ACI)
Proposal for a decision
Recital -A a (new)
Recital -A a (new)
-Aa. Whereas new provisions of the Treaty on the Functioning of the European Union relating to the Multiannual Financial Framework giving greater role and prerogatives especially to the European Parliament were used for the first time;
Amendment 4 #
2011/2152(ACI)
Proposal for a decision
Paragraph -1 (new)
Paragraph -1 (new)
-1. Welcomes the political agreement reached on the Multiannual Financial Framework 2014-2020 and a new interinstitutional agreement and considers it as the maximum of what could have been achieved under the current economic and political circumstances;
Amendment 5 #
2011/2152(ACI)
Proposal for a decision
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Considers that the long and laborious process of negotiations that led to the final political agreement, together with its content, do not present a full implementation of the new provisions related to Multiannual Financial Framework as introduced by the Treaty of Lisbon, in particular of the greater prerogatives granted by it to the European Parliament;
Amendment 6 #
2011/2152(ACI)
Proposal for a decision
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. Questions the negotiating strategy of the Council, in which its negotiators were bound by conclusions of the European Council in matters falling under the ordinary legislative procedure thus preventing both legislative arms from conducting proper negotiations;
Amendment 7 #
2011/2152(ACI)
Proposal for a decision
Paragraph -1 c (new)
Paragraph -1 c (new)
-1c. Is of the opinion, that lesson learned for the future is to establish in more detail practical arrangements that would lead to a smoother adoption of the Multiannual Financial Framework in full respect of the prerogatives of the European Parliament, the Council and the Commission while ensuring at the same time Parliament's legislative and budgetary powers; to that end is determined to present in due time before the mid-term revision of the Multiannual Financial Framework 2014-2020 a proposal for such negotiating modalities;
Amendment 1 #
2011/2090(INI)
Motion for a resolution
Recital E
Recital E
E. whereas unilateral statements by Member States or the Council might adversely affect Parliament’s legislative powers, are damaging to the quality of Union legislation and undermine the principle of legal certainty,
Amendment 4 #
2011/2090(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reaffirms that statements and declarations which are not incorporated into a legal text but which concern it, regardless of whether they are issued by EU institutions or by one or more Member States, have no legal force and may undermine the coherence of Union law and its clear interpretation;
Amendment 7 #
2011/2090(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls for Council and Commissionall declarations to be notified to Parliament, but notand with regard to declarations by Member States, for them not to be published in the Official Journal of the European Union;
Amendment 3 #
2011/2087(INI)
Draft opinion
Recital A
Recital A
A. whereas sport has a very important social and financial impact in the EU, and its regions, where it can greatly contribute to local development of both infrastructure and economy and serve as a major tourist attraction; whereas gambling services are excluded from the scope of the Services Directive (2006/123/EC) and the new Consumer Rights Directive (approved by the European Parliament on 23 June 2011), due to their specificity,
Amendment 29 #
2011/2087(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the introduction in the European football of the Financial Fair Play concept as a major step forward in achieving financial stability and preventing unfair competition in sport;
Amendment 9 #
2011/2071(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that the role of the European Parliament within the European Semester should be urgently clarified and that the economic dialogue should aim at reinforcing the democratic legitimacy of the process through proper parliamentary scrutiny; calls on the Commission to present each January to all relevant parliamentary committees, including its committee responsible for the internal market, the results of the previous European Semester and the new Annual Growth Survey;
Amendment 13 #
2011/2071(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Strongly supports the initiative of the Polish Presidency to hold a political meeting in autumn 2011 on the multi- annual financial framework in order to involve the national parliaments in its negotiation, in the presence of the European Parliament, the Council and the Commission, and stresses that this approach could be adopted with a view to strengthening economic governance and democratic supervision;
Amendment 20 #
2011/2071(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is of the opinion that the European Semester, first proposed in the Commission's Communication of May and June 2010 and initially based on a non- binding commitment of the Council, should be formalised in the regulationa regulation according to art. 121.6 TFUE; welcomes the compromise achieved over the economic governance package with its legislative and non-legislative components, particularly provisions on the European Semester incorporated in the legislative text of the regulation1 amending regulation (EC) N° 1466/97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (Regulation (EC) No 1466/97);; welcomes also provisions on the Economic Dialogue incorporated therein; ________________ 1 P7-TA-PROV(2011)0421
Amendment 38 #
2011/2058(REG)
Proposal for a decision
Recital I a (new)
Recital I a (new)
Ia. Greater use should be made of Rule 42(2) of the Rules of Procedures, which gives individual Members a real opportunity to influence Union legislation;
Amendment 42 #
2011/2058(REG)
Proposal for a decision
Paragraph 3
Paragraph 3
3. Calls on the Bureau to examine the existing rules governing security so as to avoidWelcomes the decision of the Bureau to limit extensive advertising of written declarations and to, thus allowing untroubled access to Parliament's Chamber for its Members;
Amendment A #
2011/2058(REG)
Parliament's Rules of Procedure
Rule 123 – paragraph 1
Rule 123 – paragraph 1
1. Up to five MemberAt least 10 Members from at least three political groups may submit a written declaration of not more than 200 words on a matter falling exclusively within the competence of the European Union which does not cover issues that are. The contents of such a declaration may not go beyond the form of a declaration. In particular, it may not call for any legislative action, contain any decision on matters for which specific procedures and competences are laid down in these Rules of Procedure or deal with the subject of an ongoing legislative process. Authorisation shall be given by the President on a case-by-case basisproceedings in Parliament 1a. The authorisation to proceed further shall be subject to a reasoned decision by the President pursuant to paragraph 1 in any given case. Written declarations shall be printublished in the official languages and distributedon Parliament's website and distributed electronically to all Members. They shall be entered, with the names of the signatories, in an electronic register. This register shall be public and shall be kept outside the entrance to the Chamber during part-sessions and in an appropaccessible through Parliament's website. Hard copies of wriatte location, to be determined by the College of Quaestors, between part- sessionsn declarations with signatures will be also kept by the President.
Amendment B #
2011/2058(REG)
Parliament's Rules of Procedure
Rule 123 – paragraph 2
Rule 123 – paragraph 2
2. The signature of any Member may be added to a declaration entered in the registerelectronic register. It may be withdrawn at any time before the end of a period of three months from the entry of the declaration in the register. In the event of such a withdrawal the Member concerned shall not be permitted to add his or her signature again to the declaration.
Amendment C #
2011/2058(REG)
Parliament's Rules of Procedure
Rule 42 – paragraphs 2 and 3
Rule 42 – paragraphs 2 and 3
2. Any Member may table a proposal for a Union act on the basis of the right of initiative granted to Parliament under Article 225 of the Treaty on the Functioning of the European Union. 3. The proposal shall be submitted to the President, who shall refer it to the committee responsible for considerationSuch a proposal may be tabled together by up to 10 Members. The proposal shall indicate its legal basis and may be accompanied by an explanatory statement of no more than 150 words. 3. The proposal shall be submitted to the President, who shall verify whether the legal requirements are fulfilled. He may refer the proposal for an opinion on the appropriateness of the legal basis to the committee responsible for such verification. If the President declares the proposal admissible, he shall announce it in plenary and refer it to the committee responsible. Before such referral, the proposal shall be translated into those official languages which the Chair of that committee considers necessary in order to make summary consideration possible. The committee shall take a decision on further action within three mmay recommend to the President that the proposal be opened for signature by any Member, subject to the modalities and deadlines set out in Rule 123(1a), 123(2) and 123(5). Where such a proposal is signed by a majority of Parliament's component members, the report on ths of the referral, and aftere proposal shall be deemed to be authorised by the Conference of Presidents. The committee shall draw up a report in accordance with Rule 48, having heard the authors of the proposal. Where the committee decides to submit the proposal to Parliament in accordance with the procedure set out in Rule 48, ta proposal is not opened for additional signatures or is not signed by a majority of Parliament's component Members the committee responsible shall take a decision on further action within three months of the referral, and after having heard the authors of the proposal. The authors of the proposal shall be named in the title of the report.
Amendment D #
2011/2058(REG)
Proposal for a decision
Recital G
Recital G
G. In light of Parliament's growing powers, the significance of written declarations has substantially diminishedincreased prerogatives, as well as the introduction of the European citizens' initiative, the significance of written declarations has changed, though they still can be a useful tool enabling Members to raise awareness on issues of public concern;
Amendment E #
2011/2058(REG)
Proposal for a decision
Recital H
Recital H
H. Written declarations have a very limited impact, in terms of both agenda-setting and influencing decisions taken by the institutions, and may give a misleading impression as to their effectiveness. However, when properly used, they still retain value as a popular campaigning tool. For proposals calling for a legislative action Rule 42(2) should be used, giving individual Members a real opportunity to influence Union legislation and to incorporate a given proposal into the work of Parliament's committees;
Amendment F #
2011/2058(REG)
Proposal for a decision
Recital I
Recital I
I. Written declarations should be gradually restricted andThe quality and relevance of some written declarations, and in particular their concordance with the competences of the Union as set out in Title I of Part I of the Treaty on the Functioning of the European Union, can be underwhelming. Therefore, in the next term, the Parliament should examine whether they should not be completely abolishedmight assess the impact of the new provisions of its Rules of Procedure concerning written declarations and examine their effectiveness;
Amendment 70 #
2011/2048(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes the view that, in order to develop the full potential of public procurement, the criterion of the lowest price should be removed, and that in principle there should be only one option for the award of contracts:no longer be the determining factor for the award of contracts and that it should in general be replaced by that of the most economically advantageous tender –, including the entire life-cycle costs of the relevant goods, services or works – should be chosen;
Amendment 194 #
2011/2048(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Points out that selection criteria on financial standing such as company's turnover requirements should be proportional to the character of a given contract;
Amendment 1 #
2011/2027(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. IStresses that timely transposition of EU directives is essential for the smooth functioning of the Single Market to the benefit of consumers and enterprises in the EU; welcomes the progress made to achieve this goal, but remains concerned about the high number of infringement cases opened for late transposition of directives;
Amendment 5 #
2011/2027(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Is concerned about high numbers of infringements in the fields of recognition of professional qualifications, services and public procurement; is of the opinion that further clarifications of the legal frameworks in these fields would be useful in order to help national authorities in the implementation process;
Amendment 8 #
2011/2027(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Endorses initiatives taken by Member States to optimize transposition of Single Market directives, including inter alia, establishing appropriate incentives for competent departments and setting up warning systems when nearing the transposition deadline;
Amendment 9 #
2011/2027(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. CRecalls the importance of SOLVIT in helping European consumers and businesses enjoy their rights in the Single Market; welcomes the progress made in improving the functioning of SOLVIT and calls on the Commission and the Member States to further reinforce SOLVITit;
Amendment 10 #
2011/2027(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Points out that judicial proceedings are costly and time consuming for both citizens and businesses and represent a significant burden on EU and national courts which are already overloaded; underlines the importance of proper alternative dispute resolution mechanisms in order to reduce this burden;
Amendment 145 #
2011/2024(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Notes that the negotiations between the EU and Switzerland have led to an agreement regarding the amending of Annex III of the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons so as to include Directive 2005/36/EC; notes that the agreement foresees a provisional application of most of the Directive, with the exception of Title II, which requires adaptations in Switzerland and that the Council Decision regarding the above- mentioned agreement shall lapse if the Swiss fail to notify the completion of their internal procedures for the implementation of the Decision within 24 months after the adoption of the Decision; is committed to follow thoroughly the developments on this issue;
Amendment 8 #
2011/0817(NLE)
Motion for a resolution
Recital J
Recital J
J. on the basis of academic evidence and case-law, Protocol No 30 does not exempt Poland and the United Kingdom from the binding provisions of the Charter, it is not an 'opt-out', it does not amend the Charter and it does not alter the legal position which would prevail if it were not to exist*. The only effect it has is to create legal uncertainty not only in Poland and the United Kingdom but also in other Member States1,
Amendment 12 #
2011/0817(NLE)
Motion for a resolution
Recital K
Recital K
K. an important function of the Charter is to increase the prominence of fundamental rights and to make them more visible, but Protocol No 30 gives rise to legal uncertainty and political confusion, thereby undermining the efforts of the Union to reach and maintain a uniformly high level of rights protectionand according to the Commission opinion of 4 May 20121 the purpose of Protocol No 30 is to clarify the application of the Charter in relation to the laws and administrative action of Poland and the United Kingdom and of its justiciability within those Member States,
Amendment 24 #
2011/0817(NLE)
Motion for a resolution
Recital Q
Recital Q
Q. major doubts exist as to whether there is a majority in the Czech Parliament to ensure ratification of the new protocol aimed at extending the application of Protocol No 30 to the Czech Republic; hence, it would be appropriate to wait until these doubts are resolved,
Amendment 30 #
2011/0817(NLE)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the European Council to decide not to examine the proposed amendment of the Treaties, in order to annex to the Treaty on European Union and the Treaty on the Functioning of the European Union a Protocol on the application of the Charter of Fundament of the Treaties; al Rights of the European Union to the Czech Republic;
Amendment 3 #
2011/0440(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – introductory part
Article 2 – paragraph 1 – point d – introductory part
(d) ‘"usual residence’" shall means the same as in Article 2(d) first paragraph of Regulation (EC) No 763/2008. place where a person normally spends the daily period of rest, regardless of temporary absences for purposes of recreation, holidays, visits to friends and relatives, business, medical treatment or religious pilgrimage.The following persons alone shall be considered to be usual residents of the geographical area in question:
Amendment 4 #
2011/0440(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – paragraph 2
Article 2 – paragraph 1 – point d – paragraph 2
Where the circumstances described in point (i) or (ii) cannot be established, "usual residence" shall mean the place of legal or registered residence. In applying the definition of ‘usual residence’, Member States shall treat special cases as in the Annex to Commission Regulation (EC) No 1201/2009.
Amendment 8 #
2011/0440(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
For the purposes of qualified majority voting in the Council, Member States shall provide the Commission (Eurostat) with data on the total population at national level at the reference time, as referred to in Article 2, within 8 months from the end of the reference year. For the purposes of this Article, Member States shall not provide data on population at their place of legal or registered residence at the reference time.
Amendment 33 #
2011/0440(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – introductory part
Article 2 – paragraph 1 – point d – introductory part
(d) ‘usual residence’ shall means the same as in Article 2(d) first paragraph of Regulation (EC) No 763/2008place where a person normally spends the daily period of rest, regardless of temporary absences for purposes of recreation, holidays, visits to friends and relatives, business, medical treatment or religious pilgrimage. The following persons alone shall be considered to be usual residents of the geographical area in question:
Amendment 36 #
2011/0440(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – subparagraph 2
Article 2 – paragraph 1 – point d – subparagraph 2
Where the circumstances described in point (i) or (ii) cannot be established, "usual residence" shall mean the place of legal or registered residence; In applying the definition of ‘usual residence’, Member States shall treat special cases as in the Annex to Commission Regulation (EC) No 1201/2009.
Amendment 49 #
2011/0440(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
For the purposes of qualified majority voting in the Council, Member States shall provide the Commission (Eurostat) with data on the total population at national level at the reference time, as referred to in Article 2, within 8 months from the end of the reference year. For the purposes of this Article, Member States shall not provide data on population at their place of legal or registered residence at the reference time.
Amendment 167 #
2011/0439(COD)
Proposal for a directive
Recital 22
Recital 22
(22) This Directive should apply neither to contracts intended to permit the performance of an activity referred to in Articles 5 to 11 nor to design contests organised for the pursuit of such an activity if, in the Member State in which this activity is carried out, in all or in part, even in relation to single sectors or segments of it, it is directly exposed to competition on markets to which access is not limited. It is therefore appropriate to maintain the procedure, applicable to all sectors covered by this Directive that will enable the effects of current or future opening up to competition to be taken into account. Such a procedure should provide legal certainty for the entities concerned, as well as an appropriate decision-making process, ensuring, within short time limits, uniform application of Union law in this area.
Amendment 169 #
2011/0439(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Direct exposure to competition should be assessed on the basis of objective criteria, taking account of the specific characteristics of the sector concerned or of a part of it. This assessment is, however, limited by the applicable short deadlines and by having to be based on the information available to the Commission – either from already available sources or from the information obtained in the context of the application pursuant to Article 28 - which can not be supplemented by more time consuming methods, including notably public inquiries of economic operators concerned. The assessment of direct exposure to competition that can be carried out in the context of this directive is consequently without prejudice to the full-fledged application of competition law.
Amendment 171 #
2011/0439(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The implementation and application of appropriate Union legislation opening a given sector, or a part of it, will be considered to provide sufficient grounds for assuming that there is free access to the market in question. Such appropriate legislation should be identified in an annex which can be updated by the Commission. It is appropriate that this annex should currently refer to Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC27 , Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC28 and Directive 94/22/EC, Directive 94/22/EC and Directive 91/440/EC on the development of the Community's railways.
Amendment 200 #
2011/0439(COD)
Proposal for a directive
Recital 46
Recital 46
(46) Those sector-specific measures must be complemented by an adaptation of the public procurement Directives empowering contracting entities to pursue the objectives of the Europe 2020 Strategy in their purchasing strategies. It should hence be made clear that contracting entities can determine the most economically advantageous tender and the lowest cost using a life-cycle costing approach, provided that the methodology to be used is established in an objective and non- discriminatory manner and accessible to all interested parties. The notion of life-cycle costing includes all costs over the life- cycle of a works, supplies or services, both their internal costs (such as development, production, use, maintenance and end-of- life disposal costs) and their external costs, provided they can be monetised and monitored. Common methodologies should be developed at the level of the Union for the calculation of life-cycle costs for specific categories of supplies or services; adopted in close consultation with stakeholders, including industry; whenever such a methodology is developed its use should be made compulsory.
Amendment 206 #
2011/0439(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Furthermore, in technical specifications and in award criteria, contracting entities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life-cycle of a product or service, provided that they are linked to the subject-matter of the contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender characteristics related to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services32 and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is party.
Amendment 234 #
2011/0439(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
Article 1 – paragraph 2 – subparagraph 1
2. Procurement within the meaning of this Directive is the purchase or other forms of acquisition of works, supplies or services via public contracts by one or more contracting entities from economic operators chosen by those contracting entities, provided that the works, supplies or services are intended for the pursuit of one of the activities referred to in Articles 5 to 11. Procurement within the meaning of this Directive is the acquisition of works, supplies or services by means of public contracts by one or more contracting entities from economic operators chosen by those contracting entities.
Amendment 237 #
2011/0439(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
Amendment 248 #
2011/0439(COD)
Proposal for a directive
Article 2 – point 4 – point a
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 and engages in economic activities by offering goods and services on the market, aims to make a profit, and bears the losses resulting from the exercise of its activity does not have the purpose of meeting needs in the general interest, not having an industrial or commercial character;
Amendment 263 #
2011/0439(COD)
Proposal for a directive
Article 2 – point 22
Article 2 – point 22
(22) ‘life cycle’ means all consecutive and/or interlinked stages, including productionresearch, development, transport, use and maintenance, throughout the existence of a product or a works or the provision of a service, fprom raw material acquisition or generation of resources to disposal, clearance anvided data in relation to these are measurable and can be collated finalisation; a meaningful manner.
Amendment 310 #
2011/0439(COD)
Proposal for a directive
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
b) arbitration and conciliation services, or the actions of a public official who is obliged to be independent and impartial;
Amendment 341 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point b
Article 21 – paragraph 1 – subparagraph 1 – point b
(b) at least 90 %essential part of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;
Amendment 367 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point b
Article 21 – paragraph 3 – subparagraph 1 – point b
(b) at least 90 %essential part of the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;
Amendment 369 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point b
Article 21 – paragraph 3 – subparagraph 1 – point b
(b) at least 90 %essential part of the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;
Amendment 431 #
2011/0439(COD)
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Contracts intended to enable an activity mentioned in Articles 5 to 11 to be carried out shall not be subject to this Directive if the Member State or the contracting entities having introduced the request pursuant to Article 28 can demonstrate that, in the Member State in which it is performed, or in the related specific sectors or segments the activity is directly exposed to competition on markets to which access is not restricted; nor shall design contests that are organised for the pursuit of such an activity in that geographic area be subject to this Directive. Such competition assessment, which will be made in the light of the information available to the Commission and for the purposes of this Directive, is without prejudice to the application of competition law.
Amendment 433 #
2011/0439(COD)
Proposal for a directive
Article 27 – paragraph 2 – subparagraph 1
Article 27 – paragraph 2 – subparagraph 1
2. For the purposes of paragraph 1, the question of whether an activity is directly exposed to competition the relevant market, both in its product and geographic dimension, has to be defined. Definition of the relevant market shall be decided on the basis of criteria that are in conformity with the provisions on competition of the Treaty; those may include the characteristics of the goods or services concerned which are regarded as substitutable both on the demand and the supply side – for instance as far as inter- modality in the transport sector is concerned-, the existence of alternative goods or services, the prices and the actual or potential presence of more than one supplier of the goods or provider of the services in question.
Amendment 435 #
2011/0439(COD)
Proposal for a directive
Article 27 – paragraph 3 – subparagraph 1
Article 27 – paragraph 3 – subparagraph 1
3. For the purposes of paragraph 1, access to a market shall be deemed not to be restricted if the Member State has implemented and applied the Union legislation listed in Annex III, or if the Member State has extended to the concerned market the application of principles established by the mentioned legislation. If free access to a given market cannot be presumed on the basis of the first subparagraph, it must be demonstrated that access to the market in question is free de facto and de jure.
Amendment 436 #
2011/0439(COD)
Proposal for a directive
Article 28 – paragraph 1 – subparagraph 1
Article 28 – paragraph 1 – subparagraph 1
1. Where a Member State or, where the legislation of the Member State concerned provides for it, a contracting entity considers that, on the basis of the criteria set out in Article 27(2) and (3), a given activity is completely or partially, even with regard to single sectors or segments of it, directly exposed to competition on markets to which access is not restricted, it may submit a request to establish that this Directive does not apply to the award of contracts or the organisation of desing contests for the pursuit of that activity or of a single sector or segment of it.
Amendment 438 #
2011/0439(COD)
Proposal for a directive
Article 28 – paragraph 1 – subparagraph 2
Article 28 – paragraph 1 – subparagraph 2
Requests shall be accompanied by a reasoned and substantiated position adopted by an independent national authority that is competent in relation to the activity concerned. This position shall thoroughly analyse the conditions for the possible applicability of Article 27(1) to the activity concerned in accordance with its paragraphs 2 and 3 or of a single sector or segment of it.
Amendment 440 #
2011/0439(COD)
Proposal for a directive
Article 28 – paragraph 2 – subparagraph 1
Article 28 – paragraph 2 – subparagraph 1
Upon request submitted in accordance with paragraph 1 of this Article, the Commission may, by way of an implementing decision adopted within the periods set out in paragraph 4 of this Article, establish whether an activity, or of a single sector or segment of it, referred to in Articles 5 to 11 is directly exposed to competition on the basis of the criteria set out in Article 27. Those implementing decisions shall be adopted in accordance with the advisory procedure referred to in Article 100(2) .
Amendment 442 #
2011/0439(COD)
Proposal for a directive
Article 28 – paragraph 2 – subparagraph 2 – introductory part
Article 28 – paragraph 2 – subparagraph 2 – introductory part
Contracts intended to enable the activity concerned, or of a single sector or segment of it, to be carried out and design contests that are organised for the pursuit of such an activity, or of a single sector or segment of it, shall cease to be subject to this Directive in any of the following cases:
Amendment 471 #
2011/0439(COD)
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 2
Article 36 – paragraph 1 – subparagraph 2
The notion of conflict of interests shall at least cover any situation where the categories of persons referred to in paragraph 2 have, directly or indirectly, a private interest in the outcome of the procurement procedure, which may be perceived to impair the impartial and objective performance of their duties.
Amendment 481 #
2011/0439(COD)
Proposal for a directive
Article 36 – paragraph 3 – subparagraph 3
Article 36 – paragraph 3 – subparagraph 3
Amendment 516 #
2011/0439(COD)
Proposal for a directive
Article 44 – paragraph 1 – point c
Article 44 – paragraph 1 – point c
(c) where the aim of the procurement is the creation or obtention of a work of artn for artistic reasons the contract may be awarded only to a particular economic operator;
Amendment 525 #
2011/0439(COD)
Proposal for a directive
Article 44 – paragraph 1 – point e
Article 44 – paragraph 1 – point e
(e) insofar as is strictly necessary where, for reasons of extreme urgency brought about by force majeure, the time limits laid down for open procedures, restricted procedures and negotiated procedures with prior call for competition cannot be complied with. The circumstances invoked to justify extreme urgency must not in any event be attributable to the contracting entity;
Amendment 528 #
2011/0439(COD)
Proposal for a directive
Article 44 – paragraph 1 – point f a (new)
Article 44 – paragraph 1 – point f a (new)
(fa) 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: (i) when such additional works or services cannot be technically or economically separated from the main contract without great inconvenience to the contracting entities, or (ii) when such additional works or services, although separable from the performance of the original contract, are strictly necessary to its later stages;
Amendment 533 #
2011/0439(COD)
Proposal for a directive
Article 45 – paragraph 1 – subparagraph 2
Article 45 – paragraph 1 – subparagraph 2
A framework agreement means an agreement between one or more contracting entities and one or more economic operators, the purpose of which is to establish the terms governing contracts to be awarded during a given period, in particular with regard to price and, where appropriate, the quantities envisaged.
Amendment 534 #
2011/0439(COD)
Proposal for a directive
Article 45 – paragraph 1 – subparagraph 3
Article 45 – paragraph 1 – subparagraph 3
Amendment 541 #
2011/0439(COD)
Proposal for a directive
Article 45 – paragraph 2
Article 45 – paragraph 2
Amendment 545 #
2011/0439(COD)
Proposal for a directive
Article 45 – paragraph 3
Article 45 – paragraph 3
Amendment 548 #
2011/0439(COD)
Proposal for a directive
Article 45 – paragraph 4
Article 45 – paragraph 4
Amendment 550 #
2011/0439(COD)
Proposal for a directive
Article 45 – paragraph 5
Article 45 – paragraph 5
Amendment 551 #
2011/0439(COD)
Proposal for a directive
Article 45 – paragraph 5
Article 45 – paragraph 5
Amendment 567 #
2011/0439(COD)
Proposal for a directive
Article 49 – paragraph 1
Article 49 – paragraph 1
1. CMember States may stipulate that contracting entities may purchase works, supplies and/or services from or through a central purchasing body.
Amendment 568 #
2011/0439(COD)
Proposal for a directive
Article 49 – paragraph 2
Article 49 – paragraph 2
2. Member States shallmay also provide for the possibility for contracting entauthorities to have recourse to centralised purchasing activities offered by central purchasing bodies established in another Member State.
Amendment 575 #
2011/0439(COD)
Proposal for a directive
Article 52 – paragraph 1
Article 52 – paragraph 1
1. Without prejudice to Title I, Chapter III, Section 2, Subsection 2: Special relations, contracting entities from differentMember States may stipulate that contracting entities may award public contracts jointly with contracting entities from other Member States mayif: (a) the jointly award contracts by using one of the means described in this Articlof a public contract is justified due to cross-border nature of the contract or; (b) the public contract is co-financed by contracting authorities from different Member States or; (c) the public contract is of innovative nature.
Amendment 576 #
2011/0439(COD)
Proposal for a directive
Article 52 – paragraph 2
Article 52 – paragraph 2
Amendment 577 #
2011/0439(COD)
Proposal for a directive
Article 52 – paragraph 3 – subparagraph 1 – introductory part
Article 52 – paragraph 3 – subparagraph 1 – introductory part
Amendment 579 #
2011/0439(COD)
Proposal for a directive
Article 52 – paragraph 5
Article 52 – paragraph 5
Amendment 581 #
2011/0439(COD)
Proposal for a directive
Article 52 – paragraph 6
Article 52 – paragraph 6
Amendment 582 #
2011/0439(COD)
Proposal for a directive
Article 52 – paragraph 6 a (new)
Article 52 – paragraph 6 a (new)
6 a. Several contracting entities from different Member States may purchase works, supplies and/or services from or through a central purchasing body located in another Member State, if those Member States provided for the possibility referred to in Article 49 paragraph 2 and all the conditions referred to in the paragraph 1 are fulfilled. In that case, parties shall conclude an agreement that determines which national provisions shall apply to the procurement procedure.
Amendment 583 #
2011/0439(COD)
Proposal for a directive
Article 52 – paragraph 7
Article 52 – paragraph 7
7. OMember States may stipulate that one or more contracting entities may award individual contracts under a framework agreement concluded by or jointly with a contracting entity located in another Member State, provided that the framework agreement contains specific provisions enabling the respective contracting entity or entities to award the individual contracts.
Amendment 584 #
2011/0439(COD)
Proposal for a directive
Article 52 – paragraph 9
Article 52 – paragraph 9
Amendment 651 #
2011/0439(COD)
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1
Article 59 – paragraph 1 – subparagraph 1
Contracts may be subdivided into homogenous or heterogeneous lots. Article 13 (7) applies.
Amendment 655 #
2011/0439(COD)
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2
Article 59 – paragraph 1 – subparagraph 2
Amendment 659 #
2011/0439(COD)
Proposal for a directive
Article 59 – paragraph 3
Article 59 – paragraph 3
Amendment 680 #
2011/0439(COD)
Proposal for a directive
Article 70 – paragraph 5
Article 70 – paragraph 5
5. Contracting entities may decide not to award a contract to the tenderer submitting the best tender where they haveit has been established that the tender does not comply, at least in an equivalent manner, with obligations established by Union or national legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XIV.
Amendment 721 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 1
Article 76 – paragraph 2 – subparagraph 1
The most economically advantageous tender referred to in point (a) of paragraph 1) from the point of view of the contracting entauthority shall be identified on the basis of criteria linked to the subject-matter of the public contract in question. Those criteria shall include, in addition to the price or costs, other criteria linked to the subject-matter of the public contract in question.
Amendment 725 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – introductory part
Article 76 – paragraph 2 – subparagraph 2 – introductory part
Amendment 729 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point a
Article 76 – paragraph 2 – subparagraph 2 – point a
(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental characteristics and innovative characteraspects, after-sales service and technical assistance, delivery conditions (delivery date, delivery process and delivery period or period of completion);
Amendment 735 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point b
Article 76 – paragraph 2 – subparagraph 2 – point b
(b) for service contracts and contracts involving the design of works, the wherever the quality of the staff is of crucial importance for the performance of the contract ,organisation, qualification and experience of the staff assigned to performing the contract in question may be taken into consideration, with the consequence that , following the award of the contract, such staff may only be replaced with the consent of the contracting entity which must verify that replacements ensure equivalent organisation and quality;
Amendment 750 #
2011/0439(COD)
Proposal for a directive
Article 77 – paragraph 1 – point a
Article 77 – paragraph 1 – point a
(a) internal costs, including costs relating to acquisition, such as production costs,costs of use, such as energy consumption and use of other resources, maintenance costs, and end of life, such as collection and recycling costs and
Amendment 755 #
2011/0439(COD)
Proposal for a directive
Article 77 – paragraph 1 – point b
Article 77 – paragraph 1 – point b
(b) external environmental costs directly linked to the life cycle of the product, provided their monetary value can be determined and verified, which may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs.
Amendment 759 #
2011/0439(COD)
Proposal for a directive
Article 77 – paragraph 2 – subparagraph 1 – point a
Article 77 – paragraph 2 – subparagraph 1 – point a
(a) it has been drawn up on the basisin close consultation with stakeholders, including industry and is based ofn scientific information or is based on other objectively verifiable and non- discriminatory criteria;
Amendment 762 #
2011/0439(COD)
Proposal for a directive
Article 77 – paragraph 2 – subparagraph 1 – point c a (new)
Article 77 – paragraph 2 – subparagraph 1 – point c a (new)
Amendment 768 #
2011/0439(COD)
Proposal for a directive
Article 77 – paragraph 3 – subparagraph 1
Article 77 – paragraph 3 – subparagraph 1
3. Whenever a common methodology for the calculation of life-cycle costs is adopted as part of a legislative act of the Union, includingcovering among others environmental externalities has been made mandatory by dea legated acts pursuant to sector specific legislatislative act of the Union, it shall be applied where life-cycle costing is included in the award criteria referred to in Article 76 (1).
Amendment 770 #
2011/0439(COD)
Proposal for a directive
Article 77 – paragraph 3 – subparagraph 2
Article 77 – paragraph 3 – subparagraph 2
A list of such legislative and delegated acts is set out in Annex XV. The Commission, shall be empowered to adopt delegated acts in accordance with Article 98 concerning the update of this list, when on the basis of the adoption of new legislation, repeal or modification of such legislation, such amendments prove necessary.
Amendment 778 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 1 – introductory part
Article 79 – paragraph 1 – introductory part
1. The contracting entity shall request economic operators to explain the price or costs charged, where allif at least one of the following conditions are fulfilled:
Amendment 781 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 1 – point a
Article 79 – paragraph 1 – point a
(a) the price or cost chargedindicated in a tender is more than 50 % lower than the average price or costs of the remaining tenders;
Amendment 784 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 1 – point a a (new)
Article 79 – paragraph 1 – point a a (new)
(aa) the price or cost indicated in a tender is at least 40 % lower than the price or cost estimated with due diligence, by a contracting authority, taking into consideration due taxes;
Amendment 787 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 1 – point b
Article 79 – paragraph 1 – point b
(b) the price or cost charged is more thanindicated in a tender is at least 20 % lower than the price or costs of the second lowest tender;,
Amendment 789 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 1 – point c
Article 79 – paragraph 1 – point c
Amendment 791 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 2
Article 79 – paragraph 2
2. Where tenders appear to be abnormally low for other reasons, contracting entities may also request such explanationsContracting entities may also request explanations concerning price or costs indicated in a tender when other conditions, than those indicated in paragraph 1, are fulfilled for instance if the price or cost indicated in a tender is significantly lower than prices or costs indicated in other tenders or than a price or costs estimated by the contracting authority, and the probability that the price or cost is abnormally low is very high.
Amendment 802 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 4 – subparagraph 3
Article 79 – paragraph 4 – subparagraph 3
Contracting entities shall reject the tender, where they have established that the tender is abnormally low because the price or costs indicated in a tender does not cover costs of manufacturing a product, providing services or carrying out works which are subject matter of the public contract, taking into consideration economic conditions, and in particular if it does not comply with obligations established by Union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in Annex XIV.
Amendment 838 #
2011/0439(COD)
Proposal for a directive
Article 81 – paragraph 2 a (new)
Article 81 – paragraph 2 a (new)
2a. Member States may decide that the contracting entity may exclude a subcontractor indicated by the tender if: (i) the subcontractor does not fulfil criteria for selection envisaged for a tender (ii)the subcontractor is not capable to properly fulfil its part of the contract Terms of participation in a procedure and capacity of a subcontractor to properly fulfil its part of the contract are assessed proportionally to the part of the contract awarded to the subcontractor, on the basis of contract award criteria indicated in Article 76.
Amendment 870 #
2011/0439(COD)
Proposal for a directive
Article 82 – paragraph 4
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.
Amendment 908 #
2011/0439(COD)
Proposal for a directive
Article 86 – paragraph 1
Article 86 – paragraph 1
1. Member States shall put in place appropriate procedurrules for the award of contracts subject to this Chapter, ensuring full compliance with thetaking into account principles of transparency and equal treatment of economic operators and allowing contracting entities to take into account. The rules shall take into consideration the specificities of the services in question.
Amendment 933 #
2011/0439(COD)
Proposal for a directive
Article 93
Article 93
Amendment 971 #
Amendment 977 #
2011/0439(COD)
Proposal for a directive
Article 97 – paragraph 3
Article 97 – paragraph 3
Amendment 979 #
2011/0439(COD)
Proposal for a directive
Article 97 – paragraph 4
Article 97 – paragraph 4
Amendment 985 #
2011/0439(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point e a (new)
Annex 2 – paragraph 1 – point e a (new)
(ea) the procedures to allocate railway infrastructure capacity, railway licences or safety certifications in accordance with the Directives 95/18/EC, 2001/14/EC and 2004/49/EC.
Amendment 989 #
Amendment 991 #
2011/0439(COD)
Proposal for a directive
Annex 3 – point D – paragraph 3
Annex 3 – point D – paragraph 3
Amendment 275 #
2011/0438(COD)
Proposal for a directive
Recital 40
Recital 40
(40) These sector-specific measures must be complemented by an adaptation of the public procurement Directives empowering contracting authorities to pursue the objectives of the Europe 2020 Strategy in their purchasing strategies. It should hence be made clear that contracting authorities can determine the most economically advantageous tender and the lowest cost using a life-cycle costing approach, provided that the methodology to be used is established in an objective and non- discriminatory manner and accessible to all interested parties. The notion of life-cycle costing includes all costs over the life cycle of works, supplies or services, both their internal costs (such as development, production, use, maintenance and end-of- life disposal costs) and their external costs, provided they can be monetised and monitored. Common methodologies should be developed at the level of the Union for the calculation of life-cycle costs for specific categories of supplies or services; adopted in close consultation with stakeholders, including industry; whenever such a methodology is developed its use should be made compulsory.
Amendment 283 #
2011/0438(COD)
Proposal for a directive
Recital 41
Recital 41
(41) Furthermore, in technical specifications and in award criteria, contracting authorities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life cycle of a product or service, provided that they are linked to the subject-matter of the public contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender, characteristics related to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services22 and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is party. For service contracts and for contracts involving the design of works, contracting authorities should also be allowed to use as an award criterion the organisation, qualification and experience of the staff assigned to performing the contract in question, as this may affect the quality of contract performance and, as a result, the economic value of the tender.
Amendment 309 #
2011/0438(COD)
Proposal for a directive
Recital 50
Recital 50
Amendment 329 #
2011/0438(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
Article 1 – paragraph 2 – subparagraph 1
2. Procurement within the meaning of this Directive is the purchase or other forms of acquisition of works, supplies or services via public contracts by one or more contracting authorities from economic operators chosen by those contracting authorities, whether or not the works, supplies or services are intended for a public purpose. Procurement within the meaning of this Directive is the acquisition of works, supplies or services by means of public contracts by one or more contracting authorities from economic operators chosen by those contracting authorities.
Amendment 334 #
2011/0438(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
Amendment 337 #
2011/0438(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2 a (new)
Article 1 – paragraph 2 – subparagraph 2 a (new)
This Directive is without prejudice to the right of public authorities at all levels to decide whether, how and to what extent they want to perform public functions themselves pursuant to Protocol No 26 of the Treaty. Public authorities may perform public interest tasks using their own resources, without being obliged to call on external economic operators. They may do so in cooperation with other public authorities without this relationship necessarily taking the form of a public procurement contract.
Amendment 365 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
(22) ‘'life cycle’' means all consecutive and/or interlinked stages, including productionresearch, development, transport, use and maintenance, throughout the existence of a product or a works or the provision of a service, fprom raw material acquisition or generation of resources to disposal, clearance anvided data in relation to these are measurable and can be collated finalisation a meaningful manner.
Amendment 400 #
2011/0438(COD)
Proposal for a directive
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) EUR 51 000 000 for public contracts for social and other specific services listed in Annex XVI.
Amendment 425 #
2011/0438(COD)
Proposal for a directive
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
c) arbitration and conciliation services, or the actions of a public official who is obliged to be independent and impartial;
Amendment 467 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
Article 11 – paragraph 1 – subparagraph 1 – point b
(b) at least 90 %the essential part of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;
Amendment 515 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
Article 11 – paragraph 3 – subparagraph 1 – point b
(b) at least 90 %the essential part of the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;
Amendment 630 #
2011/0438(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2
Article 21 – paragraph 1 – subparagraph 2
The notion of conflict of interests shall at least cover any situation where the categories of persons referred to in paragraph 2 have, directly or indirectly, a private interest in the outcome of the procurement procedure, which may be perceived to impair the impartial and objective performance of their duties.
Amendment 636 #
2011/0438(COD)
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 3
Article 21 – paragraph 3 – subparagraph 3
Amendment 794 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point a
Article 30 – paragraph 2 – subparagraph 1 – point a
(a) where no tenders or no suitable tenders or no requests to participate have been submitted in response to an open procedure or a restricted procedure, provided that the initial conditions of the contract are not substantially altered and that a report is sent to the Commission or the national oversight body designated according to Article 84competent national body where they so request.
Amendment 799 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point b
Article 30 – paragraph 2 – subparagraph 1 – point b
(b) where the aim of the procurement is the creation or obtention of a work of artn for artistic reasons the contract may be awarded only to a particular economic operator;
Amendment 809 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point d
Article 30 – paragraph 2 – subparagraph 1 – point d
(d) insofar as is strictly necessary where, for reasons of extreme urgency brought about by force majeure, the time limits for the open, restricted or competitive procedures with negotiation cannot be complied with; the circumstances invoked to justify extreme urgency must not in any event be attributable to the contracting authority;
Amendment 864 #
2011/0438(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. CMember States may stipulate that contracting authorities may purchase works, supplies and/or services from or through a central purchasing body.
Amendment 868 #
2011/0438(COD)
Proposal for a directive
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Member States shallmay also provide for the possibility for contracting authorities to have recourse to centralised purchasing activities offered by central purchasing bodies established in another Member State.
Amendment 876 #
2011/0438(COD)
Proposal for a directive
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Without prejudice to Article 11, contracting authorities from differentMember States may stipulate that contracting authorities may award public contracts jointly with contracting authorities from other Member States mayif: (a) jointly award of public contracts by using one of the means described in this Article. is justified due to cross-border nature of the contract or; (b) public contract is co-financed by contracting authorities from different Member States or; (c) public contract is of innovative nature
Amendment 877 #
2011/0438(COD)
Proposal for a directive
Article 38 – paragraph 2
Article 38 – paragraph 2
Amendment 878 #
2011/0438(COD)
Proposal for a directive
Article 38 – paragraph 3 – subparagraph 1 – introductory part
Article 38 – paragraph 3 – subparagraph 1 – introductory part
Amendment 880 #
2011/0438(COD)
Proposal for a directive
Article 38 – paragraph 5
Article 38 – paragraph 5
Amendment 882 #
2011/0438(COD)
Proposal for a directive
Article 38 – paragraph 5 a (new)
Article 38 – paragraph 5 a (new)
Amendment 883 #
2011/0438(COD)
Proposal for a directive
Article 38 – paragraph 6
Article 38 – paragraph 6
Amendment 884 #
2011/0438(COD)
Proposal for a directive
Article 38 – paragraph 7
Article 38 – paragraph 7
7. OMember States may stipulate that one or more contracting authorities may award individual contracts under a framework agreement concluded by or jointly with a contracting authority located in another Member State, provided that the framework agreement contains specific provisions enabling the respective contracting authority or contracting authorities to award the individual contracts.
Amendment 885 #
2011/0438(COD)
Proposal for a directive
Article 38 – paragraph 9
Article 38 – paragraph 9
Amendment 994 #
2011/0438(COD)
Proposal for a directive
Article 44 – paragraph 1 – subparagraph 1
Article 44 – paragraph 1 – subparagraph 1
Public contracts may be subdivided into homogenous or heterogeneous lots. Forlots. For supply and services contracts with a value equal to or greater than the thresholds provided for in Article 4 but not lessEUR 500 000 and for works contracts with a value equal to or greater than EUR 510 000 000, determined in accordance with Article 5, where the contracting authority does not deem it appropriate to split into lots, it shall providestate that in the contract notice or in the invitation to confirm interest a specific explanation of its reasons.
Amendment 1004 #
2011/0438(COD)
Proposal for a directive
Article 44 – paragraph 1 – subparagraph 2
Article 44 – paragraph 1 – subparagraph 2
Amendment 1009 #
2011/0438(COD)
Proposal for a directive
Article 44 – paragraph 3 – subparagraph 1
Article 44 – paragraph 3 – subparagraph 1
Amendment 1010 #
2011/0438(COD)
Proposal for a directive
Article 44 – paragraph 3 – subparagraph 2
Article 44 – paragraph 3 – subparagraph 2
Amendment 1013 #
2011/0438(COD)
Proposal for a directive
Article 44 – paragraph 3 – subparagraph 3
Article 44 – paragraph 3 – subparagraph 3
Amendment 1030 #
2011/0438(COD)
Proposal for a directive
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Contracting authorities may decide not to award a contract to the tenderer submitting the best tender where they haveit has been established that the tender does not comply, at least in an equivalent manner, with obligations established by Union or national legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI.
Amendment 1057 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point c
Article 55 – paragraph 3 – subparagraph 1 – point c
Amendment 1059 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point c a (new)
Article 55 – paragraph 3 – subparagraph 1 – point c a (new)
(ca) where the contracting authority can demonstrate by any means that the economic operator is guilty of grave professional misconduct other than indicated in point (a), for instance where the economic operator has shown significant or persistent deficiencies in the performance of any substantive requirement under a prior contract or contracts of a similar nature with the same contracting authority.
Amendment 1060 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point d
Article 55 – paragraph 3 – subparagraph 1 – point d
Amendment 1073 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 4 – subparagraph 1
Article 55 – paragraph 4 – subparagraph 1
Amendment 1077 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 4 – subparagraph 2
Article 55 – paragraph 4 – subparagraph 2
Amendment 1096 #
2011/0438(COD)
Proposal for a directive
Article 57 – paragraph 3 – subparagraph 2
Article 57 – paragraph 3 – subparagraph 2
Amendment 1099 #
2011/0438(COD)
Proposal for a directive
Article 59
Article 59
Amendment 1123 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – introductory part
Article 66 – paragraph 1 – subparagraph 1 – introductory part
1. Without prejudice to national laws, regulations or administrative provisions concerning the remuneration of certain services, the criteriaon on which contracting authorities shall base the award of public contracts shall be one of the following:the most economically advantageous tender.
Amendment 1128 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a
Article 66 – paragraph 1 – subparagraph 1 – point a
Amendment 1135 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b
Article 66 – paragraph 1 – subparagraph 1 – point b
Amendment 1145 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2
Article 66 – paragraph 1 – subparagraph 2
Amendment 1159 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – introductory part
Article 66 – paragraph 2 – introductory part
2. The most economically advantageous tender referred to in point (a) of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject-matter of the public contract in question. Those criteria shall include, in addition to the price or costs referred to in point (b) of paragraph 1, other criteria linked to the subject-matter of the public contract in question, such as. Costs shall be assessed using a cost- effectiveness approach, such as a life- cycle costing approach, under the conditions set out in Article 67. Price shall be the decisive award criterion in the case of highly standardised products and services. Other criteria may include:
Amendment 1169 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – point a
Article 66 – paragraph 2 – point a
(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental characteristics and innovative characteraspects, after-sales service and technical assistance, delivery conditions (delivery date, delivery process and delivery period or period of completion);
Amendment 1182 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – point b
Article 66 – paragraph 2 – point b
(b) for service contracts and contracts involving the design of works, the wherever the quality of the staff is of crucial importance for the performance of the contract ,organisation, qualification and experience of the staff assigned to performing the contract in question may be taken into consideration, with the consequence that , following the award of the contract, such staff may only be replaced with the consent of the contracting authority, which must verify that replacements ensure equivalent organisation and quality;
Amendment 1196 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 3
Article 66 – paragraph 3
Amendment 1209 #
2011/0438(COD)
Proposal for a directive
Article 67 – paragraph 1 – point a
Article 67 – paragraph 1 – point a
(a) internal costs, including costs relating to acquisition, such as production costs,costs of use, such as energy consumption and use of other resources, maintenance costs, and end of life, such as collection and recycling costs and
Amendment 1218 #
2011/0438(COD)
Proposal for a directive
Article 67 – paragraph 1 – point b
Article 67 – paragraph 1 – point b
(b) external environmental costs directly linked to the life cycle of the product, provided their monetary value can be determined and verified, which may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs.
Amendment 1225 #
2011/0438(COD)
Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – point a
Article 67 – paragraph 2 – subparagraph 1 – point a
(a) it has been drawn up on the basisin close consultation with stakeholders, including industry and is based ofn scientific information or is based on other objectively verifiable and non- discriminatory criteria;
Amendment 1230 #
2011/0438(COD)
Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – point c a (new)
Article 67 – paragraph 2 – subparagraph 1 – point c a (new)
(ca) the data required can be provided with reasonable effort by normally diligent economic operators,
Amendment 1238 #
2011/0438(COD)
Proposal for a directive
Article 67 – paragraph 3 – subparagraph 1
Article 67 – paragraph 3 – subparagraph 1
3. Whenever a common methodology for the calculation of life-cycle costs is adopted as part of a legislative act of the Union, includingcovering among others environmental externalities has been made mandatory by dea legated acts pursuant to sector specific legislatislative act of the Union, it shall be applied where life-cycle costing is included in the award criteria referred to in Article 66(1).
Amendment 1241 #
2011/0438(COD)
Proposal for a directive
Article 67 – paragraph 3 – subparagraph 2
Article 67 – paragraph 3 – subparagraph 2
A list of such legislative and delegated acts is set out in Annex XV. The Commission shall be empowered to adopt delegated acts in accordance with Article 89 concerning the update of this list, when on the basis of the adoption of new legislation, repeal or modification of such legislation, such amendments prove necessary.
Amendment 1248 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 1 – introductory part
Article 69 – paragraph 1 – introductory part
1. Contracting authorities shall require economic operators to explain the price or costs charged, where allif at least one of the following conditions are fulfilled:
Amendment 1253 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 1 – point a
Article 69 – paragraph 1 – point a
(a) the price or cost chargedindicated in a tender is more than 50 % lower than the average price or costs of the remaining tenders
Amendment 1259 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 1 – point a a (new)
Article 69 – paragraph 1 – point a a (new)
(aa) the price or cost indicated in a tender is at least 40 % lower than the price or cost estimated with due diligence, by a contracting authority, taking into consideration due taxes;
Amendment 1262 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 1 – point b
Article 69 – paragraph 1 – point b
(b) the price or cost charged is more thanindicated in a tender is at least 20 % lower than the price or costs of the second lowest tender;
Amendment 1264 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 1 – point c
Article 69 – paragraph 1 – point c
Amendment 1275 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 2
Article 69 – paragraph 2
2. Where tenders appear to be abnormally low for other reasons, contracting authorities may also request such explanationsContracting authorities may also request explanations concerning price or costs indicated in a tender when other conditions, than those indicated in paragraph 1, are fulfilled for instance if the price or cost indicated in a tender is significantly lower than prices or costs indicated in other tenders or than a price or costs estimated by the contracting authority, and the probability that the price or cost is abnormally low is very high.
Amendment 1286 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 4 – subparagraph 1
Article 69 – paragraph 4 – subparagraph 1
4. The contracting authority shall verify the information provided by consulting the tenderer. It may only reject the tender where the evidence does not justify the low level of price or costs charged, taking into account the elements referred to in paragraph 3.
Amendment 1287 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 4 – subparagraph 2
Article 69 – paragraph 4 – subparagraph 2
Contracting authorities shall reject the tender, where they have established that the tender is abnormally low because the price or costs indicated in a tender does not cover costs of manufacturing a product, providing services or carrying out works which are subject matter of the public contract, taking into consideration economic conditions, and in particular if it does not comply with obligations established by Union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in Annex XI.
Amendment 1337 #
2011/0438(COD)
Proposal for a directive
Article 71 – paragraph 2 a (new)
Article 71 – paragraph 2 a (new)
2a. Member States may decide that the contracting authority may exclude a subcontractor indicated by the tender if: (i) subcontractor does not fulfil criteria for selection envisaged for a tender (ii) subcontractor is not capable to properly fulfil its part of the contract Terms of participation in a procedure and capacity of a subcontractor to properly fulfil its part of the contract are assessed proportionally to the part of the contract awarded to the subcontractor, on the basis of criteria for qualitative selection indicated in Articles 55 and 56
Amendment 1430 #
2011/0438(COD)
Proposal for a directive
Article 76 – paragraph 1
Article 76 – paragraph 1
1. Member States shall put in place appropriate procedurrules for the award of contracts subject to this Chapter, ensuring full compliance with thetaking into account principles of transparency and equal treatment of economic operators and allowing contracting authorities to take into account. The rules shall take into consideration the specificities of the services in question.
Amendment 1463 #
2011/0438(COD)
Proposal for a directive
Article 84
Article 84
Amendment 1512 #
2011/0438(COD)
Proposal for a directive
Article 85 – paragraph 1 – point h
Article 85 – paragraph 1 – point h
Amendment 1517 #
2011/0438(COD)
Proposal for a directive
Article 85 – paragraph 2
Article 85 – paragraph 2
The contracting authorities shall document the progress of all procurement procedures, whether or not those are conducted by electronic means. To that end, they shall document all stages in the procurement procedure, including all communications with economic operators and internal deliberations, preparation of the tenders, dialogue or negotiation if any, selection and award of the contract.
Amendment 1521 #
2011/0438(COD)
Proposal for a directive
Article 85 – paragraph 3
Article 85 – paragraph 3
The report, or its main elements, shall be communicated to the Commission or to the national oversightcompetent national body where they so request.
Amendment 1530 #
2011/0438(COD)
Proposal for a directive
Article 86 – paragraph 1
Article 86 – paragraph 1
1. The bodies established or appointed in accordance with Article 84competent bodies in Member States shall forward to the Commission an implementation and statistical report on each year, based on a standard form, not later than 31 October of the following year.
Amendment 1531 #
2011/0438(COD)
Proposal for a directive
Article 86 – paragraph 2 – point a
Article 86 – paragraph 2 – point a
Amendment 1533 #
2011/0438(COD)
Proposal for a directive
Article 86 – paragraph 2 – point b
Article 86 – paragraph 2 – point b
Amendment 1540 #
2011/0438(COD)
Proposal for a directive
Article 86 – paragraph 4
Article 86 – paragraph 4
Amendment 1546 #
2011/0438(COD)
Proposal for a directive
Article 87
Article 87
Amendment 1553 #
2011/0438(COD)
Proposal for a directive
Article 88 – paragraph 3
Article 88 – paragraph 3
Amendment 1555 #
2011/0438(COD)
Proposal for a directive
Article 88 – paragraph 4
Article 88 – paragraph 4
Amendment 431 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
The right to exploit the works or services as referred to in points 2, 4 and 7 of the first paragraphaward of a concession shall impliy the transfer to the concessionaire of the substantial operating risk. The concessionaire shall be deemed to assume the substantial operating risk where it is not guaranteed to recoup the investments made or the costs incurred in operating the works or the services which are the subject-matter of the concession.
Amendment 576 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point b
Article 15 – paragraph 1 – subparagraph 1 – point b
(b) at least 90%the bulk of the activities of that legal person are carried out for the controlling contracting authority or entity or for other legal persons controlled by that contracting authority or entity
Amendment 615 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point b
Article 15 – paragraph 3 – subparagraph 1 – point b
(b) at least 90%the bulk of the activities of that legal person are carried out for the controlling contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of Article 4 or other legal persons controlled by the same contracting authority or entity;
Amendment 893 #
2011/0437(COD)
Proposal for a directive
Article 41 – paragraph 2 a (new)
Article 41 – paragraph 2 a (new)
2a. Member States may provide for the grantor to reject a subcontractor proposed by an economic operator in the event of: (i) the subcontractor failing to meet the conditions for participation in the procedure envisaged for the economic operator performing the contract; (ii) the subcontractor not having the capacities to perform part of the contract properly. The conditions for participation in the procedure and the capacities of the subcontractor to perform the contract shall be assessed in proportion to the part of the contract performed, on the basis of the selection criteria laid down in Article 36.
Amendment 180 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
This Directive also establishes rules concerning partial access to a regulated profession and access to and recognition of remunerated traineeships pursued in another Member State.
Amendment 188 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2005/36/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to all nationals of a Member State wishing to pursue a regulated profession or a remunerated traineeship in a Member State, including those belonging to the liberal professions, other than that in which they obtained their professional qualifications, on either a self- employed or employed basis.
Amendment 250 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 b – paragraph 1
Article 4 b – paragraph 1
1. The Member States shall provide that a holder of a professional qualification may apply for a European Professional Card by any meansin writing, also by email or in any other electronic form, including through an on- line tool, with the competent authority of the home Member State.
Amendment 265 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4c – paragraph 1
Article 4c – paragraph 1
1. The competent authority of the home Member State shall verify the application, create and validate a European Professional Card within two weeksone month from the date it receives a complete application. It shall inform the applicant and thetransmit the European Professional Card to the host Member State in whichand inform the applicant envisages to provide services, of the validat. The transmission of the European Professional Card. The transmission of the validation information to the host Member States concerned shall constitute the declaration provided for in Article 7. The host Member State may not require a further declaration under Article 7 for the following two years.
Amendment 275 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4c – paragraph 2
Article 4c – paragraph 2
2. The decision of the competent authority of the home Member State, or the absence of a decision within the period of two weeksone month referred to in paragraph 1, shall be subject to appeal under national law.
Amendment 283 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4d – paragraph 1
Article 4d – paragraph 1
1. Upon receipt of a complete application for a European Professional Card, the competent authority of the home Member State shall, within two weeksone month from the receipt of the complete application, verify and confirm the authenticity and validity of the submitted supporting documents, create the European Professional Card, transmit it for validation to the competent authority of the host Member State and inform that authority on the corresponding IMI file. The applicant shall be informed by the home Member State of the state of the procedure.ereof the applicant
Amendment 305 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4d – paragraph 5
Article 4d – paragraph 5
5. The host Member State shall acknowledge receipt of an application for validation of the European Professional Card through IMI system within period of five days. Where the host Member State fails to take a decision within the time limits set out in the paragraphs 2 and 3 or to request additional information within one month from the date of receipt of the European Professional Card by the home Member State, the European Professional Card shall be deemed to be validated by the host Member State and to constitute recognition of the professional qualification to the regulated profession concerned in the host Member State.
Amendment 322 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4e – paragraph 5
Article 4e – paragraph 5
5. Member States shall ensure that the holder of a European Professional Card has the right at any time to request the rectification, deletion and blocking of his file within the IMI system upon request and that he is informed of this right at the time of issuing the European Professional Card, and reminded of it every two years after the issuance of his European Professional Card.
Amendment 355 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 2
Article 4f – paragraph 2
2. Partial access may be rejected if such rejection is justified by an overriding reason of general interest, such as public health, it would secure the attainment of the objective pursued and it would not go beyond what is strictly necessary.
Amendment 475 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point a
Article 1 – paragraph 1 – point 22 – point a
Directive 2005/36/EC
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Admission to training for nurses responsible for general care shall be contingent upon completion of general education of 12 years, as attested by a diploma, certificate or other evidence issued by the competent authorities or bodies in a Member State or by a certificate attesting success in an examination, of an equivalent level, for admission to a school of nursing.:
Amendment 477 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point a (new)
Article 1 – paragraph 1 – point 22 – point a (new)
Directive 2005/36/EC
Article 31 – paragraph 1 – subparagraph a (new)
Article 31 – paragraph 1 – subparagraph a (new)
a. completion of general education of at least 10 years, as attested by a diploma, certificate or other evidence issued by the competent authorities or bodies in a Member State or by a certificate attesting success in an examination, of an equivalent level, and giving access to a vocational school of nursing, or
Amendment 479 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point a (new)
Article 1 – paragraph 1 – point 22 – point a (new)
Directive 2005/36/EC
Article 31 – paragraph 1 – subparagraph b
Article 31 – paragraph 1 – subparagraph b
b. possession of a diploma, certificate or other evidence of qualification giving access, on the basis of general education of 12 years, to universities or higher education institutes of a level recognised as equivalent.
Amendment 485 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point c a (new)
Article 1 – paragraph 1 – point 22 – point c a (new)
Directive 2005/36/EC
Article 31 – paragraph 4 (new)
Article 31 – paragraph 4 (new)
(4) Theoretical training is that part of nurse training from which trainee nurses acquire the professional knowledge, skills and competences required under paragraphs 6 and 7. The training shall be given by teachers of nursing care and by other competent persons, at universities, at higher education institutes of a level recognised as equivalent or at vocational schools of nursing.
Amendment 486 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point c b (new)
Article 1 – paragraph 1 – point 22 – point c b (new)
Directive 2005/36/EC
Article 31 – paragraph 5 (new)
Article 31 – paragraph 5 (new)
(5) Clinical training is that part of nurse training in which trainee nurses learn, as part of a team and in direct contact with a healthy or sick individual and/or community, to organise, dispense and evaluate the required comprehensive nursing care, on the basis of the knowledge, skills and competences which they have acquired. The trainee nurse shall learn not only how to work in a team, but also how to lead a team and organise overall nursing care, including health education for individuals and small groups, within the health institute or in the community. This training shall take place in hospitals and other health institutions and in the community, under the responsibility of nursing teachers, in cooperation with and assisted by other qualified nurses. Other qualified personnel may also take part in the teaching process. Trainee nurses shall participate in the activities of the department in question insofar as those activities are appropriate to their training, enabling them to learn to assume the responsibilities involved in nursing care.
Amendment 490 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point d
Article 1 – paragraph 1 – point 22 – point d
Amendment 491 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point d
Article 1 – paragraph 1 – point 22 – point d
Directive 2005/36/EC
Article 31 – paragraph 7 – point a
Article 31 – paragraph 7 – point a
(a) the adequacy of knowledge of the sciences of general nurcompetence to take full responsibility for planning, organising, as referred to in point (a) of paragraph 6, in line with scientific and technological progress as well as the necessary competences such knowledge should entail in line with scientific and technological progress and recent developments in educationnd administering nursing care when treating patients on the basis of the knowledge and skills acquired in accordance with paragraph 6 letters a, b and c;
Amendment 492 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point d
Article 1 – paragraph 1 – point 22 – point d
Directive 2005/36/EC
Article 31 – paragraph 7 – point b
Article 31 – paragraph 7 – point b
(b) the degree of sufficiency of understanding of the items referred to in point (a) of paragraph 6 and the necessary competences following from such understanding in line with scientific and technological progress and recent developments in educationcompetence to work together effectively with other actors in the health sector, including participation in the practical training of health personnel on the basis of the knowledge and skills acquired in accordance with paragraph 6 letter d and e;
Amendment 493 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point d
Article 1 – paragraph 1 – point 22 – point d
Directive 2005/36/EC
Article 31 – paragraph 7 – point c
Article 31 – paragraph 7 – point c
(c) the degree of sufficiency of knowledge about the items referred to in point (b) of paragraph 6 and the necessary competences following from such knowledge in line with scientific progress and recent developments in education;competence to empower individuals, families and groups towards healthy lifestyles and self-care on the basis of the knowledge and skills acquired in accordance with paragraph 6 letters a and b.
Amendment 496 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 23 – point a a (new)
Article 1 – paragraph 1 – point 23 – point a a (new)
Directive 2005/36/EC
Article 33 – paragraph 2
Article 33 – paragraph 2
(aa) the whole paragraph 2 of the art. 33 is deleted
Amendment 498 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 23 – point b
Article 1 – paragraph 1 – point 23 – point b
Directive 2005/36/EC
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Member States shall recognise evidence of formal qualifications in nursing awarded in Poland, to nurses who completed training before 1 May 2004, which did not comply with the minimum training requirements laid down in Article 31, attested by the diploma “'bachelor”' which has been obtained on the basis of a special upgrading programme contained in Article 11 of the Act of 20 April 2004 on the amendment of the Act on professions of nurse and midwife and on some other legal acts (Official Journal of the Republic of Poland of 30 April 2004 No 92, pos. 885), and the Regulation of the Minister of Health of 12 April 2010 amending1 May 2004 on the detailed conditions of delivering studies for nurses and midwives, who hold a certificate of secondary school (final examination — matura) and are graduates of medical lyceum and medical vocational schools teaching in a profession of a nurse and a midwife (Official Journal of the Republic of Poland of 13 May 2004 No 110, pos. 1170, with further amendments), replaced by Article 55.2 of the Act of 15 July 2011 on professions of nurse and midwife (Official Journal of the Republic of Poland of 23 August 2011 No 174, pos. 1039), and the Regulation of the Minister of Health of 11 May4 June 200412 on the detailed conditions of delivering studihigher education courses for nurses and midwives, who hold a certificate of secondary school (final examination -– matura) and are graduates of a medical lyceum and medical vocationalsecondary school or a post- secondary schools teaching in a profession of a nurse and a midwife (Official Journal of the Republic of Poland of 21 April 2010, No 656 July 2012, pos. 42770), with the aim of verifying that the person concerned has a level of knowledge and competence comparable to that of nurses holding the qualifications which, in the case of Poland, are defined in Annex V, point 5.2.2. of Annex V.
Amendment 529 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 29 a (new)
Article 1 – paragraph 1 – point 29 a (new)
Directive 2005/36/EC
Article 43 – paragraph 3
Article 43 – paragraph 3
(29a) the whole paragraph 3 of Article 43 is deleted
Amendment 530 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 29 b (new)
Article 1 – paragraph 1 – point 29 b (new)
Directive 2005/36/EC
Article 43 – paragraph 4
Article 43 – paragraph 4
(29b) the Article 43 paragraph 4 should be amended as follows: Member States shall recognise evidence of formal qualifications in midwifery awarded in Poland, to midwives who completed training before 1 May 2004, which did not comply with the minimum training requirements laid down in Article 40, attested by the diploma 'bachelor' which has been obtained on the basis of a special upgrading programme contained in Article 11 of the Act of 20 April 2004 on the amendment of the Act on professions of nurse and midwife and on some other legal acts (Official Journal of the Republic of Poland of 30 April 2004 No 92, pos. 885), and the Regulation of the Minister of Health of 11 May 2004 on the detailed conditions of delivering studies for nurses and midwives, who hold a certificate of secondary school (final examination — matura) and are graduates of medical lyceum and medical vocational schools teaching in a profession of a nurse and a midwife (Official Journal of the Republic of Poland of 13 May 2004 No 110, pos. 1170, with further amendments), replaced by Article 55.2 of the Act of 15 July 2011 on professions of nurse and midwife (Official Journal of the Republic of Poland of 23 August 2011 No 174, pos. 1039), and the Regulation of the Minister of Health of 14 June 2012 on the detailed conditions of delivering higher education courses for nurses and midwives who hold a certificate of secondary school (final examination – matura) and are graduates of a medical secondary school or a post- secondary school teaching in a profession of a nurse and a midwife (Official Journal of the Republic of Poland of 6 July 2012, pos. 770), with the aim of verifying that the person concerned has a level of knowledge and competence comparable to that of midwives holding the qualifications which, in the case of Poland, are defined in Annex V, point 5.5.2.
Amendment 545 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 1 – point b
Article 46 – paragraph 1 – point b
(b) at least five years of full-time study at a university or comparable teaching institution leading to successful completion of a university-level examination and at least one year of remunerated traineeship.
Amendment 556 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 3
Article 46 – paragraph 3
3. The remunerated traineeship must be carried out in a Member State, under the supervision of a person providing adequate guarantees regarding their ability to provide practical training. It must be undertaken after the completion of the study referred to in paragraph 1. The completion of the remunerated traineeship must be attested to in a certificate accompanying the evidence of formal qualifications.
Amendment 627 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Article 55 a
Article 55 a
Recognition of remunerated traineeship
Amendment 636 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Article 55 a
Article 55 a
With a view to grant access to a regulated profession, the home Member State shall recognise the remunerated traineeship pursued in another Member State and certified by a competent authority of that Member State.
Amendment 715 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Directive 2005/36/EC
Article 59 – paragraph 1
Article 59 – paragraph 1
1. Member States shall notify to the Commission a list of existing regulated professions according to their national law by [insert date – end of transposition period]. Any change to this list of regulated professions shall also be notified to the Commission without delay. The Commission shall set up and maintain a publicly available database for such informatof regulated professions, including general description of activities covered by each profession.
Amendment 24 #
2011/0430(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) A document is considered a document in a machine-readable format if it is a digital document in a file format which allows software applications to easily identify, recognise and extract data from it. Documents encoded in files limiting in any way such processing, or determining a specific technology needed for this processing, shall not be considered as documents in machine- readable formats. Member States shall ensure the use of open machine-readable formats, with the exception of data where use of open formats would be unjustifiable due to technological or economical reasons. Every usage of non- open machine-readable data format should be justified and the technical description of the format used should be provided.
Amendment 25 #
2011/0430(COD)
Proposal for a directive
Recital 11 b (new)
Recital 11 b (new)
(11b) ‘open’ means that the format’s specification is maintained by a not-for- profit organisation; its ongoing development occurs on the basis of an open decision-making procedure available to all interested parties; the format specification document is available freely; the intellectual property of the standard is made irrevocably available on a royalty- free basis.
Amendment 28 #
2011/0430(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In relation to any re-use that is made of the document, public sector bodies may, where practicable, impose conditions on the re-user, such as acknowledgment of source. Any licences for the re-use of public sector information should in any case place as few restrictions on re-use as possible, preferably limiting them to the indication of source. Open licences available online, which grant wider re-use rights without technological, financial or geographical limitations and relying on open data formats, may also play an important role in this respect. Therefore, Member States should encourage the use of open government licences.
Amendment 49 #
2011/0430(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point 1 a (new)
Article 1 – paragraph 1 – point 8 – point 1 a (new)
(1a) For the purpose of a consistent implementation of this Article, the Commission shall adopt guidelines for recommended standard and open licences for the re-use of public sector information. These guidelines will include a specific data protection clause.
Amendment 41 #
2011/0302(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Experience with the current financial framework shows that many Member States, which are eligible to the Cohesion Fund, are facing significant obstacles in delivering on time complex cross-border transport infrastructure projects with a high Union added value. Therefore, in order to improve the delivery of transport projects, in particular cross-border ones, with a high Union added value, part of the Cohesion Fund allocation (EUR 10 billion) should be transferred to finance transport projects on the transport core network in the Member States eligible to the Cohesion Fund under the Connecting Europe Facilityrespecting national allocations for the projects listed in the Annex of this Regulation. The Commission should support Member States eligible to the Cohesion Fund to develop an adequate pipeline of projects in order to give greatest possible priority to the national allocations under the Cohesion Fund.
Amendment 80 #
2011/0302(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) transport: EUR 31 694 000 000, out of which EUR 10 000 000 000 shall be transferred from the Cohesion Fund to be spent in line with this Regulation in Member States eligible for funding from the Cohesion Fundfor projects listed in the Annex to this Regulation, respecting the national allocations;
Amendment 33 #
2011/0294(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The comprehensive network should be a European-wide transport network ensuring the accessibility of all regions in the Union, including the remote and outermost regions, as also pursued by the Integrated Maritime Policy, and strengthening cohesion between them. The guidelines should set the requirements for the infrastructure of the comprehensive network, and efforts should be made in order to achieve a high-quality network throughout the Union by 2050.
Amendment 36 #
2011/0294(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The core network should be identified and impleappropriate measures should be taken for its developmented as a priority within the framework provided by the comprehensive network by 2030. It should constitute the backbone of the development of a multi- modal transport network and stimulate the development of the entire comprehensive network. It should enable Union action to concentrate on those components of the trans-European transport network with the highest European added value, in particular cross-border sections, missing links, multi- modal connecting points and major bottlenecks.
Amendment 38 #
2011/0294(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to establish the core and the comprehensive network in a coordinated and timely manner, allowing thereby maximising the network benefits, Member States concerned should ensure that appropriate measures are taken in order to finalise the projects of common interest are finalised by 2030 and 2050 respectively.
Amendment 42 #
2011/0294(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Core network corridors shouldmight also address wider transport policy objectives andto facilitate modal integration and multi- modal operations. This should allow specially developed corridors that are optimised in terms of energy use and emissions, thus minimising environmental impacts, and are also attractive for their reliability, limited congestion and low operating and administrative costs. An initial list of corridors should be included in the Regulation (EU) XXX/2012 [Connecting Europe Facility], but should be adaptable in order to take account of changes in traffic floweir management should not result in excessive growth of administrative costs.
Amendment 43 #
2011/0294(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 44 #
2011/0294(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. The guidelines provide for measures for the implementation of the trans-European network, while recognising that the implementation of projects depends on their degree of maturity and the availability of financial resources, and not prejudging the financial commitment of a Member State or the Union.
Amendment 63 #
2011/0294(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Member States shall ensure thatEfforts shall be made to complete the comprehensive network is completed and fullyand compliesy with the relevant provisions of this Chapter by 31 December 2050 at the latest.
Amendment 69 #
2011/0294(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
(a) rivers, canals and lakes comply with the minimum requirements for class IVII waterways as laid down in the European Agreement on Main Inland Waterways of International Importance (AGN) on the new classification of inland waterways and ensure continuous bridge clearance.
Amendment 70 #
2011/0294(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
Member States and other project promoters, when promoting projects of common interest and in addition to the priorities set out in Article 10, shall give particular consideration to the following aspects, having in mind the economic implications:
Amendment 71 #
2011/0294(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) for existing inland waterways: implementing measures necessary to reach the standards of the inland waterways class IVII;
Amendment 72 #
2011/0294(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) where appropriate, achieving higher standards than inland waterways class IVII, to meet market demands;
Amendment 74 #
2011/0294(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
Member States and other project promoters, when promoting projects of common interest and in addition to the priorities set out in Article 10, shall give particular consideration to the following aspects, having in mind the economic implications:
Amendment 76 #
2011/0294(COD)
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
Member States and other project promoters, when promoting projects of common interest and in addition to the priorities set out in Article 10, shall give particular consideration to the following aspects, having in mind the economic implications:
Amendment 77 #
2011/0294(COD)
Proposal for a regulation
Article 31 – paragraph 1 – introductory part
Article 31 – paragraph 1 – introductory part
Member States and other project promoters, when promoting projects of common interest and in addition to the priorities set out in Article 10, shall give particular consideration to the following aspects, having in mind the economic implications:
Amendment 81 #
2011/0294(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
Member States and other project promoters, when promoting projects of common interest and in addition to the priorities set out in Article 10, shall give particular consideration to the following aspects, having in mind the economic implications:
Amendment 82 #
2011/0294(COD)
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
Member States and other project promoters, when developing the comprehensive network in urban nodes shall, where feasible, aim to ensure:
Amendment 97 #
2011/0294(COD)
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
3. Without prejudice to Article 1(4), 47(2) and (3), the Member States shall ensure the core network is completed andappropriate measures shall be taken for the core network to be developed in order to compliesy with the provisions of this Chapter by 31 December 2030 at the latest.
Amendment 98 #
2011/0294(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. Maritime ports indicated in Part 2 of Annex II shall be connected with the railway and road transport infrastructure of the trans-European transport network by 31 December 2030 at the latest, except in duly justified cases.
Amendment 99 #
2011/0294(COD)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. The main airports indicated in Part 1b of Annex II shall be connected with the railway and road transport infrastructure of the trans-European transport network by 31 December 2050 at the latest. Taking into account potential traffic demand, such airports shall be integrated into the high speed rail network wherever possible.
Amendment 100 #
2011/0294(COD)
Proposal for a regulation
Article 49 – paragraph 3 a (new)
Article 49 – paragraph 3 a (new)
3 a. Wherever appropriate, railway freight corridors set up in Regulation (EU) No 913/2010 as well as the European Railway Traffic Management System (ERTMS) corridors should be a part of the core network corridors.
Amendment 101 #
2011/0294(COD)
Proposal for a regulation
Article 51 – paragraph 1 a (new)
Article 51 – paragraph 1 a (new)
1 a. Based on the principle of the subsidiarity, the European Coordinator shall be designated only for those core network corridors, which require special assistance of the European Coordinator in order to ensure timely implementation of the corridor.
Amendment 102 #
2011/0294(COD)
Proposal for a regulation
Article 52
Article 52
Amendment 104 #
2011/0294(COD)
Proposal for a regulation
Article 55
Article 55
Amendment 30 #
2011/0217(COD)
Proposal for a decision
Recital 3 a (new)
Recital 3 a (new)
(3 a) Active and participatory citizenship also includes access to information, transparency, democratic participation and representation, decision-making as closely as possible to the citizens, protection against all form of discrimination, and promotion of equality and inclusion of minority groups.
Amendment 24 #
2010/2289(INI)
Motion for a resolution
Paragraph - 4 a (new)
Paragraph - 4 a (new)
-4a. Welcomes the fact that Commission is organising the first Single Market Forum in 2011 with the cooperation of the European Parliament and the Polish Presidency; Each year Single Market Forum should monitor the development of the Single Market and, by bringing together representatives of citizens, businesses and consumer organisations as well as representatives of the Member States and the EU institutions and political commitment, assure clear commitment to transposition, application and enforcement of single market legislation. This event should become an important platform of exchanging best practices between stakeholders and of informing citizens on their rights in the single market. In particular, the top 20 concerns, challenges and opportunities for citizens and businesses, identified by the European Commission, should be taken into consideration at this event.
Amendment 54 #
2010/2289(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Supports the proposals of the Single Market Act that aim at developing further administrative cooperation between the Member States, including extending the Internal Market Information System to other relevant legislative areas;
Amendment 60 #
2010/2289(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Suggests thatCalls on the Commission and Member States coordinate and, where appropriate, consolidate the numerouto further develop and promote the Your Europe website so that it offers a single gateway to all information and all help services citizens and businesses need to make use of their rights in the single market. Calls ‘one-stop-shops’ for information and problem-solving the Member States to work together with the Commission to ensure that Your Europe also properly informs about national rules implementing EU law, and also guides users to national contact points offering further help;
Amendment 67 #
2010/2289(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. EncouragesCalls on Member States to develop points of single contact under the Services Directive into true one-stop-shopcomprehensive e- Government portals where businesses can easily obtain all the necessary information for their activities, including information on the applicable taxation regime, labour law and social security registration and where the completion of procedures and formalities by electronic means through PSCs is genuinely made available to its users;
Amendment 96 #
2010/2289(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Welcomes the Commission's ongoing work to further reinforce SOLVIT. Calls on the Member States to step up their investment in the SOLVIT network.
Amendment 110 #
2010/2289(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Suggespports that the President of the European Council should be given the mandate toe European Commission in taking lead in the relaunch of the Single Market by providing an overall coordinateion and supervise tion whe relaunch of the Single Market possible, in a close cooperation with the Member States and the European Parliament; urges the Presidents of the Commission; and of the European Council to coordinate closely their respective actions that are to boost economic growth and competitiveness of the Union.
Amendment 115 #
2010/2289(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Asks that each spring session of the European Council should be devoted to assessing the state of the Single Market, backed by a monitoring process through which to assess the performance of interim tCalls on the Commission to organise the Single Market Forum on a yearly basis in order to improve the governance and partnership in the Single Market. Calls the European Council to devote its first session after the Single Market Forum to assess the state of the Single Margkets; recommends that the Competitiveness Council takes on greater responsibility for examining Single Market issues across the full range of Single Market policies;
Amendment 3 #
2010/2278(INI)
Motion for a resolution
Citation 26
Citation 26
Amendment 12 #
2010/2278(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Single Market is not only an institutional structure, facing economic, financial and social challenges legal framework, but also a way of protecting specific fundamental rights of citizens, consumers, workers and small businesses (, entrepreneurs and businesses, in particular SMEs),
Amendment 15 #
2010/2278(INI)
Motion for a resolution
Recital C
Recital C
C. whereas too many obstacles stand in the way of citizens and SMEs wishing to move, work, shop, sell or trade across borders, and a lack of port; whereas they are caused by insufficiently harmonised national legislations, low transferability inof social security rights, corporatism and red tape reduce the free movement of workers, service providers and professionals as well as excessive red tape; whereas they end up impeding upon the free movement of people, goods, services and capital within the Union,
Amendment 21 #
2010/2278(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the lack of a holistic vision for other horizMario Monti report showed that a holistic vision supposes that many policies, traditiontal policies,ly not regarded as being linked to the Single Market - such as health, social and consumer protection, labour law, the environment and sustainable development, - hampers the Single Market enlargementve to be integrated into the Single Market strategic objective in order to reach a high level of integration,
Amendment 33 #
Amendment 45 #
2010/2278(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that efforts to achievcomplete the Single Market need to concentrate on the concerns and rights of citizens, consumers and SMEs in order to overcome the current ‘European fatigue’regain their full confidence in the Single Market;
Amendment 54 #
2010/2278(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that the confidence of citizens and consumers cannot be taken for granted but needs to be nurturedis crucial for the functioning of the Single Market;
Amendment 62 #
2010/2278(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the Communication’s proposals are still too weak to put citizens at the heart of the Single Market, and the proliferating number of EU initiatives without clear prioritisation creates a need for consistencygenerally in line with the European Parliament’s expectations but needs to be refocused to put citizens at the heart of the Single Market; Regrets that the Single Market Act Communication has been divided into 3 chapters separating Europeans, businesses and good governance to ensure the coherence of European integration measur, instead of according to subject-matter lines;
Amendment 67 #
2010/2278(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights the priorities set out in the 19 proposals in accordance with five criteria – basic social rights, consumer rights, free movement of workers, free movement of goods and socially oriented corporate institutions – to provideConsiders that 19 actions proposed by the Commission should be prioritised according to their impact on job creation and their delivery of tangible benefits forto European citizens and enterpribusinesses in a freasionable period of time;
Amendment 75 #
2010/2278(INI)
Motion for a resolution
Subheading 2
Subheading 2
II. Common principles and valuesGeneral Assessment
Amendment 81 #
2010/2278(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 88 #
2010/2278(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 89 #
2010/2278(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Notes that issues related to product safety and market surveillance are of the utmost importance to European citizens. Therefore welcomes the Commission’s multiannual action plan for the development of European market surveillance;
Amendment 93 #
2010/2278(INI)
Motion for a resolution
Paragraph 7 – introductory part
Paragraph 7 – introductory part
Amendment 121 #
2010/2278(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls upon theUrges Member States and the Commission to promote communication with citizens to ensure their rightjoin forces to communicate the Single Market to citizens to ensure that its benefits are recognised and that their rights as consumers are widely understood and enforced;
Amendment 126 #
2010/2278(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to revise the rules and adapt the practices on public consultations and take necessary measures in order to attract more citizens to participate in the policy-making process;
Amendment 132 #
2010/2278(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. StressWelcomes the need to facilCommission’s intention to propose a legislative initiative to reform the system for the recognition of professional qualifications; guarantee the portability of mobile workers’ pension funds; provide training outside the classroom leading to a skills passport; and introduce the ‘youth on the move’ cardCalls on the Commission to evaluate the acquis and publish a Green Paper by September 2011;
Amendment 136 #
2010/2278(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Welcomes the Commission’s proposal for a decision establishing a European Radio Spectrum Action Programme; calls on the Council and the Parliament to reach an agreement, taking into account the interests of businesses and consumers, as soon as possible, in order to help the wireless broadband market grow rapidly;
Amendment 137 #
2010/2278(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Welcomes the Commission’s initiative to propose a Directive on the creation of a single integrated mortgage market with a high level of consumer protection;
Amendment 139 #
2010/2278(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Welcomes the Commission’s intention to adopt a Communication on energy priorities up to 2020/2030; Calls on the Commission to tackle missing infrastructure links and facilitate the integration of renewable energy in order to develop a fully operational internal energy market;
Amendment 150 #
2010/2278(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for measures to set up an adequate legal framework for foundations, cooperatives and, mutual associations, to prevent legal uncertainty and to ensure there are socially oriented corporate institutions and socially innovative corporate projects in the area of services of general interessocieties and associations, so as to give them European status and prevent legal uncertainty, improve their cross-border access and maximise their entrepreneurial, social, cultural and innovative potential in the Single Market;
Amendment 158 #
2010/2278(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Welcomes the Commission’s wish to take into account the social impact of proposed legislation concerning the Single Market whenever necessary in order to lead to better informed and more evidence-based political decisions; encourages the Commission to propose a set of indicators which could assess the social impact of legislation; considers that this impact assessment should be undertaken as part of an integrated assessment that considers all relevant impacts of a proposal (i.e. financial, environmental, competitivity, job creation and growth);
Amendment 160 #
2010/2278(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
Amendment 161 #
2010/2278(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
Amendment 162 #
2010/2278(INI)
Motion for a resolution
Paragraph 10 d (new)
Paragraph 10 d (new)
10d. Calls on the Commission to identify and eliminate tax obstacles still facing European citizens;
Amendment 163 #
2010/2278(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 167 #
2010/2278(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Regrets that no action on roaming charges has been envisaged in the Single Market Act, despite the tangible nature of such measures and the high expectations of citizens in this domain; However, notes that the Commission has made a considerable effort to reduce the costs of roaming for consumers in recent years and therefore, points out that to achieve digital agenda goals, this initiative should be included in the scope of the Single Market Act;
Amendment 168 #
2010/2278(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Points out that the existing legislative framework regulating air passengers’ rights needs better enforcement measures, so that citizens can fully avail of their rights, particularly in the context of passengers with reduced mobility (PRM); Calls on the Commission to adopt a proposal amending the regulation on the rights of air passengers in order to increase consumer protection measures;
Amendment 169 #
2010/2278(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Welcomes the Commission’s initiative to launch a public consultation on corporate governance and improving transparency of information provided by businesses on social and environmental matters and respect for human rights;
Amendment 170 #
2010/2278(INI)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Notes the proposal of the Commission on social business initiative and recommends launching a consultation on this project in order to assess the potential of this measure in terms of economic growth and job creation;
Amendment 171 #
Amendment 175 #
2010/2278(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 183 #
2010/2278(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 192 #
2010/2278(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that the Communication does not stress the importance of social services; considers this is far from the quality framework promised by the Commission PresidentEncourages the Commission efforts to define a quality framework for services of general interest by providing public authorities with a ‘tool-kit’ to evaluate the quality of these services and make sectoral and transnational comparisons;
Amendment 199 #
2010/2278(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Welcomes the Commission’s initiative to adopt a legislative proposal aimed at improving the implementation of the Posting of Workers Directive and encourages the Commission to clarify the exercise of fundamental social rights within the context of the economic freedoms of the Single Market;
Amendment 205 #
2010/2278(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises the lack of a Digital Single Market, and calls for the democratisation of broadband and for continuous review of the Regulation on the telecoms sector ensuring privacy, data protection, and the protection of vulnerable groupNotes that benefits from the Digital Single Market will directly impact the day- to-day live of Europeans; Calls for the extension of current European legislation on universal service obligations for telecoms to also cover broadband in order to ensure that basic telecoms services to all Europeans;
Amendment 213 #
Amendment 215 #
2010/2278(INI)
Motion for a resolution
Paragraph 17 – introductory part
Paragraph 17 – introductory part
Amendment 221 #
2010/2278(INI)
Motion for a resolution
Paragraph 17 – subparagraph a (new)
Paragraph 17 – subparagraph a (new)
(a) Calls on the Commission to submit before June 2011 a proposal for amending the Roaming Regulation in order to extend the existing regulation in time and in scope to cover retail prices for data as well,
Amendment 222 #
2010/2278(INI)
Motion for a resolution
Paragraph 17 – subparagraph b (new)
Paragraph 17 – subparagraph b (new)
(b) Urges the Commission to adopt a legislative initiative on access to certain basic banking services by June 2011; Welcomes the Commission’s initiative to take an action to improve the transparency and comparability of bank charges,
Amendment 223 #
2010/2278(INI)
Motion for a resolution
Paragraph 17 – subparagraph c (new)
Paragraph 17 – subparagraph c (new)
(c) Encourages the Commission to publish a Green Paper on the recognition of professional qualifications by September 2011 with evaluation of the existing framework and if appropriate to propose a legislative initiative to reform this framework in 2012;
Amendment 225 #
2010/2278(INI)
Motion for a resolution
Paragraph 17 – subparagraph e (new)
Paragraph 17 – subparagraph e (new)
(e) Asks for the Commission to take the opportunity of the revision of the General Product Safety Directive to propose a new regulation on market surveillance covering both the consumer and non consumer products,
Amendment 6 #
2010/2277(INI)
Motion for a resolution
Recital A
Recital A
A. whereas it is important to restorincrease confidence in the Single Market at all levels and to eliminate existing barriers to enterprises entering business; whereas high administrative burdens discourage new entrepreneurs,
Amendment 29 #
2010/2277(INI)
Motion for a resolution
Recital N
Recital N
N. whereas services are accountable for a significant part of our economic growth; whereas the Single Market for services is still underdeveloped due to gaps and late implementanot delivering its full potential ; whereas the Services Directive has been an important step forward in improving the functioning of the Services Directive,ingle Market but whereas more needs to be done to deepen the Single Market for services;
Amendment 149 #
2010/2277(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. points out the importance of interconnected business registers and calls on the Commission to develop a clear legal framework ensuring that information in such business registers is complete and correct;
Amendment 160 #
2010/2277(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. points out the importance of interconnected business registers and calls on the Commission to develop a clear legal framework ensuring that information in such business registers is complete and correct;
Amendment 162 #
2010/2277(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls on the European Commission to include within the Single Market Act a proposal for a European retail strategy that identifies and addresses the numerous challenges faced by European businesses looking to retail their products both within the Single Market and to an international customer base. This strategy should consider the specific requirements of individual retail sectors including digital, high-street and travel retail.
Amendment 192 #
2010/2277(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the need for proper implementation of the Services Directive and for the possibility to, including the setting up of fully operational Points of Single Contact allowing for online completeion of procedures online which couldand formalities what can considerably reduce operational costs for enterprises and boost the Single Market for services; Calls on the Commission and Member States to work together and take further steps in the development of the Single Market for services on the basis of the mutual evaluation process; urges the Commission to put a special emphasis on the development of the Single Market for online services;
Amendment 198 #
2010/2277(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to encourage the development of the business services sector and to take the necessary regulatory measures in order to protect especially SMEs from unfair commercial practices by larger enterprises in the retail sector; recalls its Resolution 2008/2126 (INI) and urges the Commission again to come up with a proposal to prevent the fraudulent practices of Misleading Business Directories;
Amendment 224 #
2010/2277(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Highlights the importance of the external dimension of the internal market and in particular of regulatory cooperation with main trading partners with the objective of promoting regulatory convergence, equivalence of third-country regimes and the wider adoption of international standards; encourages the Commission to examine the existing agreements with third parties that extend elements of internal market beyond its borders as to their effectiveness in providing a legal certainty for its potential beneficiaries;
Amendment 15 #
2010/2231(REG)
Parliament's Rules of Procedure
Annex XVII – paragraph 1 – point b – subparagraph 2 – introductory part
Annex XVII – paragraph 1 – point b – subparagraph 2 – introductory part
The hearings shall be organised jointly by the Conference of Presidents and the Conference of Committee Chairs. The Chair and coordinators of each committee shall be responsible for the detailed arrangements. Rapporteurs shall be appointed. Appropriate arrangements shall be made to associate relevant committees where portfolios are mixed. There are three options:
Amendment 22 #
2010/2231(REG)
Parliament's Rules of Procedure
Annex XVII – paragraph 1 – point c – subparagraph 2
Annex XVII – paragraph 1 – point c – subparagraph 2
The committeeChair and the coordinators shall meet without delay after the hearing to evaluate the individual Commissioners-designate. Those meetings shall be held in camera. The committeeordinators shall be invited to state whether, in their opinion, the Commissioners-designate are qualified both to be members of the College and to carry out the particular duties they have been assigned. IfThere shall be a single evaluation statement for each Commissioner- designate, which shall include the opinions of all the committees is unable to reach a consensus on both of those points, itsnvolved in the hearing. The Conference of Committee Chairs shall design a pro forma template to assist the evaluation. Where committees require further information in order to complete their evaluation, the President of Parliament shall write on their behalf to the President-elect of the Commission. The coordinators shall take the reply into consideration. The Chair shall convene a full committee meeting to confirm the decision of the coordinators. If the coordinators are unable to reach a consensus on the evaluation, the Chair shall, as a last resort,lso convene a full committee meeting. As a last resort, the Chair shall put the two decisions to the vote by secret ballot. The committees' statements of evaluation shall be made public and presented at a joint meeting of the Conference of Presidents and the Conference of Committee Chairs, which shall be held in camera. Following an exchange of views, the Conference of Presidents and the Conference of Committee Chairs shall declare the hearings closed unless they decide to seek further information.
Amendment 7 #
2010/2152(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the significant importance of relations with the USA; welcomes the Commission strategy of relaunching the Transatlantic Economic Council, focusing on the evolution of future technologies and the development of standards in key areas such as low-carbon technologies and also welcomes the growing importance given to legislative and regulatory issues within the framework of the Transatlantic Legislative Dialogue;
Amendment 41 #
2010/2109(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges Member States to fully and correctly implement the internal market – rules and legislation– notably the Goods Package, the Services Directive, the Late Payments Directive, the E-Commerce Directive and the Small Business Act – as well as to remove overlaps and reduce administrative burdens;
Amendment 44 #
2010/2109(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Encourages business federations, supported by the Commission, to provide more information, training and legal advice to stakeholders on their rights and the problem-solving instruments at their disposal, such as SOLVIT;
Amendment 75 #
2010/2109(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Calls on the Commission to propose, as a matter of priority, measures on Alternative Dispute Resolution by the end of 2011 in order to strengthen consumers' and businesses' confidence;
Amendment 6 #
2010/2076(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the key role of the Internal Market Scoreboard and the Consumer Market Scoreboard in the context of the more effective use of monitoring and benchmarking instruments, which constitute an important indirect disciplinary mechanism; calls on the Commission and Member States to provide adequate financing and staffing so as to ensure that the Consumer Market Scoreboard can be further developed;
Amendment 12 #
2010/2076(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Urges Member States to strengthen their efforts in order to properly implement and ensure a correct enforcement of EU law in those fields which are at the core of the Single Market, such as the Services Directive, public procurement legislation or the directive on mutual recognition of professional qualifications;
Amendment 9 #
2010/2053(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Directive's impact on the economy, businesses and citizens cannot be evaluated until it has been fully and properly transposed in all of the EU Member States,
Amendment 26 #
2010/2053(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that the Member States can maintain their authorisation schemes and certain requirements if the latter are non- discriminatory, necessary and proportionate; emphasises that in this connection the Member States have maintained a number of authorisation schemes by making them more accessible and more transparent to service providers; Regrets that some Member States have not fully used the potential of the Services Directive in terms of administrative and regulatory simplification;
Amendment 42 #
2010/2053(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States to continue improving the accessibility of PSCs and the quality and relevance of the information given to service providits users; calls on the Commission and the Member States to ensure that theall information givenprovided by PSCs is also available in several languaglanguages other than national, taking into consideration especially the languages of neighbouring countries;
Amendment 49 #
2010/2053(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Member States to enhance the availability of electronic completion of procedures, including a translation of all relevant forms; calls on the Members States to offer tracking facilities for PSC users enabling them to check the progress of ongoing procedures;
Amendment 50 #
2010/2053(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Recognizes the problems encountered with the functioning of the PSC related to proving of the identity, use of e-signatures, submission of original documents or certified copies, especially in the cross - border context; asks the Commission to propose measures to resolve these issues in order to enable SMEs to benefit from the single market and avoid any legal and technical uncertainties;
Amendment 51 #
2010/2053(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11 c. Stresses that it is particularly important with a view to user - friendliness to clarify which requirements apply to the permanent establishment of a business as opposed to the temporary cross-border provision of services;
Amendment 53 #
2010/2053(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets that the PSCs are still barely known by service providers; calls on the Commission and the Member States to launch information campaigns as soon as possible directed at all those concerned, in cooperation with business organisations to launch well targeted information and communications campaigns as soon as possible; calls on the Commission and the Member States to improve the visibility and recognisability of the eu-go domain;
Amendment 61 #
2010/2053(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to provide the statistical and comparable data required to evaluate the workfunctioning of the PSCs and their impact at national and European level;
Amendment 63 #
2010/2053(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Considers that points of single contacts should be continuously improved and developed into comprehensive e- government centres for businesses and citizens; underlines that it is crucial that PSCs allow for the electronic completion of all required administrative procedure including those related to taxation such as application for VAT number and those related to social security registration;
Amendment 71 #
2010/2053(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the need to develop training schemes for the officials of national and regional administrations responsible for monitoring services; recognises the efforts Member States have already taken to that effect and calls on Member States to further consolidate the national IMI networks by continuously monitoring its practical working and ensuring adequate training; recalls that the sustainable success of IMI depends on adequate investment at Community level; therefore calls on the Commission to set up a multiannual programme for that purpose;
Amendment 75 #
2010/2053(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes the difficulties encountered in some Member States with precisely defining the scope of the exclusions provided for by the Directive, particularly concerning social services and health services; pointat the majority of Member States did not encounter significant problems during the implementation of the Services Directive with regards to its scope; Notes the discussions in some Members States outn that suche services were excluded because of their specific nature and that they require a sectoral Community legislative frameworkfrom the scope of the Directive;
Amendment 116 #
2010/2012(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises the need to the make the e- commerce supply chain more transparent so that the consumer always knows the identity of the supplier and whether the supplier is an intermediary or an end supplier, which is especially important in the context of on-line auctions;
Amendment 117 #
2010/2012(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to extend the rules governing distance contracts so as also to cover contracts concluded between consumers and professional traders in online auctions and contracts for tourist services (airline tickets, hotel accommodation, car rental, leisure time services and so on) ordered individually over the internet, primarily in order to increase the liability of on-line auctions to better protect consumer rights;
Amendment 68 #
2010/0821(NLE)
Motion for a resolution
Paragraph 9 – introductory wording
Paragraph 9 – introductory wording
Amendment 76 #
2010/0821(NLE)
Motion for a resolution
Paragraph 9 – point a
Paragraph 9 – point a
(a) a redrafting of the European Council draft decision as propoexpressed in the amendments annexed hereto1to this resolution approved by the Committee on Economic and Monetary Affairs, it being understood that, by shifting the proposed provision from Article 136(3) toparagraph 3 to paragraph 1 of Article 136(1) TFEU, the permanent stability mechanism, notwithstanding its initial intergovernmental character, would be placed in a perspective of possible future incorporation into the framework of the Union, e.g. in the form of a special kind of agency, making use of the institutional patterns of enhanced cooperation; calls for the stability mechanism to be open from the outset to Member States whose currency is not the euro, but who wish to participate;
Amendment 98 #
2010/0821(NLE)
Motion for a resolution
Paragraph 9 – point b– indent 3
Paragraph 9 – point b– indent 3
– the financial assistance under the mechanism will be subject to rigorous analysis and to a programme of economic and financial recovery; those Member States whose currency is the euro and those representing Member States participating in and contributing to the permanent stability mechanism will act, when deciding to grant financial assistance, on the basis of an evaluation provided by the Commission, the European Central Bank and, in so far as it may be involved, the International Monetary Fund; and
Amendment 90 #
2010/0816(NLE)
Proposal for a decision
Article 6 – paragraph 6
Article 6 – paragraph 6
6. All appoinRecruitments in the EEAS shall be based on merit and on the broadest possible geographical basis. The staff of the EEAS shall comprise a meaningful presence of nationals from all the Member States. whilst ensuring adequate geographical and gender balance. The staff of the EEAS shall comprise an adequate presence of nationals from all the Member States. Concrete measures analogous to the Council Regulation (EC, Euratom) n° 401/2004 of 23 February 2004 introducing, on the occasion of the accession of Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia, special temporary measures for recruitment of officials of the European Communities1 should be taken to ensure adequate geographical representativity in all grades within the EEAS, both in Headquarters and in Delegations. These measures should apply to nationals from under-represented Member States. 1 OJ L 67, 5.3.2004, p. 1
Amendment 28 #
2010/0363(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Wholesale energy markets encompass both commodity markets and derivative markets, with price formation in both sectors interlinked. They include inter alia both regulated and non-regulated markets and over the counter (OTC) transactions.
Amendment 52 #
2010/0363(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
The Agency may make recommendations as to the records of transactions, including orders to trade and transactions of bilateral trading, which it considers are necessary to effectively and efficiently monitor wholesale energy markets. Before making such recommendations the Agency shall consult with interested parties in accordance with the provisions of Article 10 of the Regulation (EC) No 713/2009. In particular the Agency shall consult with ESMA, national regulatory authorities and competent financial authorities in the Member States.
Amendment 104 #
2010/0363(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure the necessary flexibility in collecting information on transactions in wholesale energy products, the Commission should be empowered to adopt upon due consultation with market participants, interested parties and authorities including the Agency delegated acts in accordance with Article 290 of the Treaty setting out the timing, form and content of the information which market participant are required to provide. Reporting obligations should not create unnecessary costs for market participantor administrative burdens for market participants and should therefore undergo an ex ante cost benefit analysis. Persons reporting transactions to a competent authority in accordance with the provisions of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments16 , and to trade repositories and competent authorities in accordance with the provisions of Regulation ../.. of the European Parliament and the Council on OTC derivatives, central counterparties and trade repositories should therefore not be subject to additional reporting obligations under this Regulation. 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 the Council and carry out appropriate and transparent consultations well in advance, including at expert level.
Amendment 338 #
2010/0363(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. When preparing and drawing up delegated acts, the Commission shall ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council. The Commission shall also carry out appropriate and transparent consultations, including at expert level, well in advance as foreseen in the Common Understanding on Practical Arrangements for the use of Delegated Acts.
Amendment 350 #
2010/0363(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. In case of objection by the European Parliament or the Council, the Commission shall, when preparing and drawing up new delegated acts, inform the European Parliament and the Council how the objection was taken into consideration.
Amendment 168 #
2010/0074(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Signatories shall be considered as coming from the Member State which issued the identification document indicated in their statemere they have their permanent residence, bearing in mind that they must be citizents of support. the European Union.
Amendment 26 #
2010/0051(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) The European Parliament and the Council may at any time indicate to the Commission that a draft implementing act exceeds the implementing powers provided for in the basic legislative act. In such a case, the Commission should review the draft measure in question and inform the European Parliament and the Council of the action which it intends to take and of its reasons for doing so.
Amendment 27 #
2010/0051(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation lays down the rules and general principles governing the mechanisms which shall apply in cases where a legally binding Union act (hereafter "“basic act"”) identifies the need for uniform conditions of implementation and requires that the adoption of binding implementing acts by the Commission be subject to the control of Member States.
Amendment 34 #
2010/0051(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. If no opinion is delivered, the Commission mayshall not adopt the draft measures. WThere the Commission does not adop chairperson may submit the draft measures, to the chairpersonommittee for further deliberation or may submit to the committee an amended version of the draft measures.
Amendment 38 #
2010/0051(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. The European Parliament and the Council may at any time indicate to the Commission that they consider that a draft implementing act exceeds the implementing powers provided for in the basic act. In such a case, the Commission shall review the draft measure in question and shall inform the European Parliament and the Council of the action which it intends to take and of its reasons for doing so.
Amendment 40 #
2010/0051(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. WherePending the adaptation of basic acts adopted before the entry into force of this Regulation, where such acts provide for the exercise of implementing powers by the Commission in accordance with Decision 1999/468/EC, the following rules shall apply: (a) where the basic act makes references to Article 3 of Decision 1999/468/EC shall be understood as references to Article 4 of this Regulation; (b), the advisory procedure referred to in Article 4 of this Regulation shall apply; (b) where the basic act makes references to Articles 4 and 5 of Decision 1999/468/EC shall be understood as references to Article 5 of this Regulation; (c), the examination procedure referred to in Article 5 of this Regulation shall apply; (c) where the basic act makes references to Article 6 of Decision 1999/468/EC shall be understood as references to Article 6 of this Regulation; (d), Article 6 of this Regulation shall apply; (d) where the basic act makes references to Articles 7 and 8 of Decision 1999/468/EC shall be understood as references to, Article 8 of this Regulation shall apply.
Amendment 39 #
2009/2178(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Points out that data protection can be considered a barrier to the fight against online copyright infringement, raising questions as to whether data protection legislation is in line with online copyright enforcement legislation, and calls on the Commission to deliberate on this subject and to analyse how to best balance the rights of individual citizens with the IP rights of creators and inventors;
Amendment 40 #
2009/2178(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Welcomes the Commission's approach seeking to facilitate dialogue among stakeholders with the aim of jointly agreeing voluntary measures to reduce counterfeiting and piracy within the existing legal framework;
Amendment 41 #
2009/2178(INI)
Draft opinion
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Encourages the Commission and the stakeholders concerned to pursue the current ongoing dialogues and to resolutely seek agreements on voluntary practical measures aimed at reducing counterfeiting and piracy in the internal market, both online and offline;
Amendment 42 #
2009/2178(INI)
Draft opinion
Paragraph 7 f (new)
Paragraph 7 f (new)
7f. Calls on the Commission, in cases where stakeholders' dialogues are unable to reach agreed solutions, to review the situation and submit a legislative proposal;
Amendment 10 #
2009/2176(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission and Switzerland to explorein the short run to look into the possibilities to find horizontal solutions to certain institutional issues, to decrease fragmentation in the decision-making system and to enhance communication between the Joint Committees; calls for Switzerland to be more closely involved in the decision-shaping process within the EU, e.g. by allowing it to make recommendations;
Amendment 11 #
2009/2176(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Notes that in light of the new challenges in current and planned negotiations on several policy areas, inter alia consumer protection, there is a need for discussing the possibility of going beyond the existing institutional framework and eventually concluding an all encompassing bilateral agreement to the mutual benefit of Switzerland and the EU;
Amendment 1 #
2009/2142(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
– having regard to the Commission proposal for a regulation on the citizens' initiative (COM(2010)0119),
Amendment 6 #
2009/2142(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the improvement of interinstitutional cooperation in this vast area requires a revision of the Interinstitutional Agreement on Better Lawmaking of 2003; draws attention, in this regard, to the relevant paragraphs of its resolution of 9 February 2010 on the Framework Agreement on relations between the European Parliament and the Commission, especially to the joint commitment of the two institutions to agree on key changes in preparation for future negotiations with the Council of Ministers on an adaptation of the Agreement on Better Law-Making to the new provisions of the Lisbon Treaty;
Amendment 7 #
2009/2142(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the closer involvement of national parliaments in the European legislative process, in particular in the process of verifying the compliance of legislative proposals with the principle of subsidiarity; underlines the need for national parliaments to observe the eight- week period in which to make their opinions known; highlights the relatively low number of opinions received from national parliaments, only seven of which adopted a position more than 10 times a year in 2007 and 2008;
Amendment 30 #
2009/2142(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Stresses at the same time that soft law should be applied with the greatest of care and on a duly justified basis, without undermining legal certainty and the clarity of existing legislation, and after consultation of Parliament as underlined in its resolution on a revised Framework Agreement;
Amendment 31 #
2009/2142(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Points, furthermore, to a range of other institutional changes introduced by the Lisbon Treaty that will affect lawmaking in the European Union; emphasises in particular the importance of the European citizens" initiative and welcomes the Commission's Green Paper on this matterproposal for a regulation on this matter; stresses the need of close cooperation between Parliament and the Commission to create an effective and understandable instrument, with clear criteria of admissibility, that will be in accordance with the good practice of the EU lawmaking process;
Amendment 33 #
2009/2134(INI)
Motion for a resolution
Recital I
Recital I
I. there are several differences in the systems used by States for elections to the European Parliament, particularly with respect to the organisation of constituencies and to preferential voting, but also with respect to measures aimed at increasing the representation of women and ethnic minorities,
Amendment 70 #
2009/2134(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Proposes that an additional 25 MEPs will be elected by a single constituency formed of the whole territory of the European Union; transnational lists will be composed of candidates drawn from at least one third of the States, and will be gender-balancedmay ensure an adequate gender representation; each elector will be enabled to cast one vote for the EU-wide list in addition to their vote for the national or regional list: voting for the EU constituency will be in accordance with the preferential semi-open list system (whereby votes are allotted either to the party list or to individual candidates 1 The Sainte-Laguë method uses divisors of 1, 3, 5, 7, etc, and was used in the 2009 European elections in Germany, Latvia and Sweden. It produces a slightly more proportional result than the D'Hondt method. within a list)closed list proportional system; and seats will be allocated in accordance with the Sainte-LaguëD'Hondt method1; further, proposes that an electoral authority will be established at EU level in order to regulate the conduct and to verify the result of the election taking place from the EU-wide list;
Amendment 88 #
2009/2134(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. UrgesCalls on Member States and political parties to promote the better representation of women and ethnic minority candidates at both the EU and the national level;
Amendment 16 #
2009/2133(INI)
Motion for a resolution
Paragraph 4 – point a
Paragraph 4 – point a
(a) appointments to the EEAS should be made on the basis of merit, expertise and excellence in appropriate and balanced proportionsproportions and according to geographic balance from the Commission, the Council and national diplomatic services, ensuring that the VP/HR can draw on the knowledge and experience of all three in the same way;
Amendment 18 #
2009/2133(INI)
Motion for a resolution
Paragraph 4 – point b
Paragraph 4 – point b
(b) the EEAS should take a form which improves the uniformitycoherence of the external action of the Union and its representation in foreign relations, for which purpose in particular the units dealing with external relations in the stricter sense and senior positions in the delegations in third countries should be brought under the umbrella of the EEAS; in the course of further development, consideration can then be given to what other functions should also be assigned to the EEAS;
Amendment 22 #
2009/2133(INI)
Motion for a resolution
Paragraph 4 – point c
Paragraph 4 – point c
(c) it is not, however, necessary to strip the Commission Directorates-General of all their external relations responsibilities; particularly in fields where the Commission has executive powers, the integrity of current Community policies with an external dimension should be preserved; the Commission, striving to avoid duplication, should provide a specific model for the departments concerned, such as the Directorates- General for trade, enlargement and development and relations with African, Caribbean and Pacific States, EuropeAid, the Humanitarian Aid department, and the externally oriented units of the Directorate- General for Economic and Financial Affairs;
Amendment 26 #
2009/2133(INI)
Motion for a resolution
Paragraph 4 – point d
Paragraph 4 – point d
(d) Commission delegations in third countries and the Council liaison offices, as well as offices of the EU Special Representatives where possible, should be merged to form 'Union embassies', headed by EEAS staff, who would be answerable to the VP/HR; specialist advisers from Commission Directorates-General should not be prevented from being seconded to work in that framework;
Amendment 30 #
2009/2133(INI)
Motion for a resolution
Paragraph 5 – point d a (new)
Paragraph 5 – point d a (new)
(da) secondment to the EEAS by national diplomatic services should be treated as an integral part of the career path within those services;
Amendment 140 #
2009/0144(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 5
Article 23 – paragraph 2 – subparagraph 5
Where the Authority maintains its decision, the Council, acting by qualified majority as defined in Article 20516 of the Treaty on European Union, shall, within two months, decide whether the Authority's decision is maintained or revoked.
Amendment 141 #
2009/0144(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 6
Article 23 – paragraph 2 – subparagraph 6
Where the Council decides to maintain the Authority's decision, or where itthe suspension of that decision shall be immediately terminated. Where the Council does not take a decision within two months, the suspension of that decision shall be immediately terminated.
Amendment 142 #
2009/0144(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 3
Article 23 – paragraph 3 – subparagraph 3
The Council, acting by qualified majority as defined in Article 20516 of the Treaty on European Union, shall, within ten working days, decide whether the Authority's decision is maintained or revoked.
Amendment 133 #
2009/0143(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 5
Article 23 – paragraph 2 – subparagraph 5
Where the Authority maintains its decision, the Council, acting by qualified majority as defined in Article 20516 of the Treaty on European Union, shall, within two months, decide whether the Authority's decision is maintained or revoked.
Amendment 135 #
2009/0143(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 6
Article 23 – paragraph 2 – subparagraph 6
Where the Council decides to maintain the Authority's decision, or where itthe suspension of that decision shall be immediately terminated. Where the Council does not take a decision within two months, the suspension of that decision shall be immediately terminated.
Amendment 138 #
2009/0143(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 3
Article 23 – paragraph 3 – subparagraph 3
The Council, acting by qualified majority as defined in Article 20516 of the Treaty on European Union, shall, within ten working days, decide whether the Authority's decision is maintained or revoked.
Amendment 154 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 5
Article 23 – paragraph 2 – subparagraph 5
Where the Authority maintains its decision, the Council, acting by qualified majority as defined in Article 20516 of the Treaty on European Union, shall, within two months, decide whether the Authority's decision is maintained or revoked.
Amendment 156 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 6
Article 23 – paragraph 2 – subparagraph 6
Where the Council decides to maintain the Authority's decision, or where itthe suspension of that decision shall be immediately terminated. Where the Council does not take a decision within two months, the suspension of that decision shall be immediately terminated.
Amendment 159 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 3
Article 23 – paragraph 3 – subparagraph 3
The Council, acting by qualified majority as defined in Article 20516 of the Treaty on European Union, shall, within ten working days, decide whether the Authority's decision is maintained or revoked.
Amendment 28 #
2009/0108(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) To strengthen the solidarity between Member States in the case of a Community Emergency and in particular to support Member States which are exposed to less favourable geographical or geological conditions, Member States should devise specific measures to exercise solidarity as stipulated in the Treaty on the Functioning of the European Union, including measures such as commercial agreements between natural gas undertakings, compensation mechanisms, increased gas exports or increased releases from storages. Solidarity measures may be particularly appropriate between Member States for which the Commission recommends the establishment of joint preventive actions plans or emergency plans at regional level.
Amendment 30 #
2009/0108(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation establishes measures aimed at safeguarding the security of gas supply so as to ensure the proper and continuous functioning of the internal market for gas by providing for a clear definition and attribution of responsibilities and for a coordination of the response at the level of the Member States and the Community regarding both preventive action and the reaction to concrete disruptions of supply, as well as to constitute a practical expression of the spirit of solidarity contained in the Treaty on the Functioning of the European Union.
Amendment 62 #
2009/0108(COD)
Proposal for a regulation
Article 10 – paragraph 6 a (new)
Article 10 – paragraph 6 a (new)
6a. When the Commission considers that in the case of a Community Emergency, the actions taken by the Competent Authorities or natural gas undertakings are insufficient, the Commission is entitled to act directly implementing the measures listed in Annexes II and III in order to restore the gas supply to the affected markets.
Amendment 65 #
2009/0108(COD)
Proposal for a regulation
Article 12 – paragraph 6 – point a
Article 12 – paragraph 6 – point a
a) Member States shall submit to the Commission the existing inter- governmental agreements concluded with third countries which have an impact on the development of gas infrastructures and supplies; before concluding new inter- governmental agreements, the Member States shall informconsult the Commission to assess their compliance with the internal market legislation;
Amendment 109 #
2009/0108(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation establishes measures aimed at safeguarding the security of gas supply so as toby ensureing the proper and continuous functioning of the internal market for gas and establishing exceptional measures to be implemented when the market can no longer deliver the required gas supplies by providing for a clear definition and attribution of responsibilities and for a coordination of the response at the level of the Member States and the CommunityUnion regarding both preventive action and the reaction to concrete disruptions of supply or serious and reliable threats of such disruptions in the spirit of solidarity between the Member States.
Amendment 424 #
2009/0108(COD)
Proposal for a regulation
Article 10 – paragraph 6 a (new)
Article 10 – paragraph 6 a (new)
6a. Where the Commission considers that, in the case of a Union Emergency, the actions taken by the Competent Authorities or natural gas undertakings are insufficient, the Commission is entitled to act directly implementing the measures listed in Annex II and Annex III in order to restore the gas supply to the affected markets. The Commission, after the consulting the Competent Authorities, shall establish the Union compensation mechanisms based on predefined market referring pattern, including appropriate premium for natural gas undertakings that made their natural gas resources available to tackle the Union Emergency.
Amendment 293 #
2008/0196(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The definition of durable medium should include in particular documents on paper, USB sticks, CD-ROMs, DVDs, memory cards and the hard drive of the computer on which the electronic mail or a pdf file is storedfiles saved in unmodified form are stored for future reference. Internet sites as such should not be regarded as durable medium unless such sites meet the criteria specified above.
Amendment 299 #
2008/0196(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Consumers should be entitled to receive information in good time before the conclusion of the contract. However traders should not have to provide the information when already apparent from the context. For example in an on-premises transaction, the main characteristics of a product, the identity of the trader and the arrangements for delivery may be apparent from the context. In distance and off-premises transactions, the trader should always provide the information on arrangements for payment, delivery, performance and the complaint handling policy, since these might not be apparent from the context.
Amendment 335 #
2008/0196(COD)
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
Amendment 478 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point b a (new)
Article 2 – paragraph 1 – point 8 – point b a (new)
(ba) any sales or service contract concluded by whatever means following a sales or service contract under (a) or (b) above, between the same trader and consumer pertaining to same products.
Amendment 571 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Prior toIn good time before 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:
Amendment 583 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) the business address of the trader plus his telephone or fax number or email address, where available so that the consumer can contact the trader quickly and communicate with him efficiently;
Amendment 614 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) the existence of a right of withdrawal, where applicable;, the conditions, period and procedure for exercising that right, with information that the consumer would be liable to pay for the traders reasonable costs according to Article 17(2) if he decides to use the right of withdrawal after having made a request in accordance to Article 10.2 (a) or 11.4(a).
Amendment 655 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point i a (new)
Article 5 – paragraph 1 – point i a (new)
(ia) the possibility of having recourse to an out-of-court complaint and redress mechanism, to which the business is subject, and the methods for having access to it, where applicable.
Amendment 741 #
2008/0196(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. With respect to off-premises contracts, the information provided for in Article 9 shall be given in the order formgood time before the conclusion of the contract in plain and intelligible language and be legible. The order form shall include the standard withdrawal form set out in Annex I(B).
Amendment 752 #
2008/0196(COD)
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1 a (new)
Article 10 – paragraph 2 – subparagraph 1 a (new)
Amendment 762 #
2008/0196(COD)
Proposal for a directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. The requirements of Article 10 are considered fulfilled in repeat sales transactions between the same trader and consumer using either distance or off- premises contracts, provided the consumer has had the opportunity in person to see or have demonstrated the goods or services that are the subject of the transaction, and provided that the requirements of Article 10 have been observed with respect to a previous transaction.
Amendment 775 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With respect to distance contracts, the information provided for in Article 9(a) shall be given or made available to the consumer prior toin good time before the conclusion of the contract, in plain and intelligible language and be legible, in a way appropriate to the means of distance communication used.
Amendment 800 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. If the contract is concluded through a medium which allows limited space or time to display the information, the trader shall provide at least the information regarding the main characteristics of the product and the total price referred to in Articles 5(1)(a), (b), (c), (e) and (cg) on that particular medium prior to the conclusion of such a contract. The other information referred to in Articles 5 and 7 shall be provided by the trader to the consumer in an appropriate way in accordance with paragraph 1.
Amendment 808 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. If a consumer wishes the provision of service to begin during the withdrawal period, he shall make such a request to the trader on a durable medium.
Amendment 827 #
2008/0196(COD)
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Save as otherwise provided, the withdrawal period shall begin from the day of the conclusion of the contract or on the day on which the consumer receives a copy of the signed contract on a durable medium, if this is not the day of conclusion of the contract.
Amendment 836 #
2008/0196(COD)
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
In the case of an distance or off-premises contract for the supply of goods, the withdrawal period shall begin from the day whenon which the consumer signs the order form or in cases where the order form is not on paper, when the consumer receives a copy of the order form on another durable mediumor a third party other than the carrier and indicated by the consumer acquires material possession of the goods ordered. Where goods are supplied in more than one delivery, 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 the first partial shipment.
Amendment 845 #
2008/0196(COD)
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 2 a (new)
Article 12 – paragraph 2 – subparagraph 2 a (new)
In the case of delivery of a good consisting of several parts or pieces, the withdrawal period shall be calculated from the day on which the consumer receives the last part or piece.
Amendment 869 #
2008/0196(COD)
Proposal for a directive
Article 13
Article 13
If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles 9(b5(1)(e), 10(1) and 11(4), the withdrawal period shall expire three months after the trader has fully performed his other contractual obligationsone year from the day determined in Article 12(1a) and (2).
Amendment 876 #
2008/0196(COD)
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
Amendment 887 #
2008/0196(COD)
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 2 a (new)
Article 14 – paragraph 1 – subparagraph 2 a (new)
Additionally, in the case of the provision of a service online, where such service provides for a means of withdrawal via that service itself, the consumer must be able to use that means.
Amendment 940 #
2008/0196(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods. He shall not be liable for diminished value where the trader has failed to provide notice of the withdrawal right in accordance with Article 9(b). For service contracts subject to a right of withdrawal, the consumer shall bear no cost for services performed, in full or in part, during the withdrawal period when the trader has failed to provide information in accordance to Article 5.1(e) or when the consumer has not requested the performance of the service to begin during the withdrawal period in accordance to Article 10.2 (a) or 11. 4(a).
Amendment 963 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
Amendment 1100 #
2008/0196(COD)
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. WhereIf the trader has failed to fulfil his obligations to deliver, the consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1. may call upon him, on a durable medium, to make the delivery within a period appropriate to the circumstances and notify him of his intention to withdraw from the contract if delivery does not take place. If, upon expiry of that period, no action has been taken, the consumer may withdraw from the sales contract. A consumer who has already paid the price shall be entitled to a refund of any sums paid within seven days from the day on which he withdrew from the contract. This shall be without prejudice to the rights of the consumer to claim damages.
Amendment 1157 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 2 – point d a (new)
Article 24 – paragraph 2 – point d a (new)
(da) they have been packaged in such a way as to obviate damage to the goods.
Amendment 1168 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 4 – point b
Article 24 – paragraph 4 – point b
(b) by the time of conclusion of the contract the statement had been corrected in a manner equivalent to that in which it was made or at least prominently in the contract document;
Amendment 1230 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 d (new)
Article 26 – paragraph 1 d (new)
1d. With regard to digital services, when technical problems may cause the download to be delayed or not delivered within a reasonable period or prevented from downloading, the consumer is entitled to a replacement or refund of the digital content.
Amendment 1267 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
4. TWithout prejudice to paragraph 5(b), the consumer may insist on a reasort to any remedy available under paragraph 1, where one of the following situations exists:nable reduction in price or rescission of the contract, where one of the following situations exists: (a) the consumer is entitled to neither repair nor replacement; (aa) the trader has refused explicitly or by his conduct to remedy the lack of conformity; (b) the trader has failed to remedy the lack of conformity within a reasonable time; (c) the trader has remedied the lack of conformity, causing significant inconvenience to the consumer; (d) the same defect has reappeared more than once within a short time of the repair.
Amendment 1347 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 2 c (new)
Article 28 – paragraph 2 c (new)
2c. The period referred to in paragraph 1 shall be suspended during the remedial work and shall resume at the time when the consumer acquires the material possession of the goods that have been brought into conformity with the contract.
Amendment 1396 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 2 – point c
Article 29 – paragraph 2 – point c
Amendment 1421 #
2008/0196(COD)
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. This Chapter shall apply to contract terms drafted in advance by the trader or a third party, which the consumer agreed to without having the possibility of influencing theirin contracts between traders and consumers which have not been individually negotiated. A contract term shall be regarded as not individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence its content, in particularly where such contract terms are partit has been presented to the consumer in the form of a pre- formulated standard contract.
Amendment 69 #
2008/0098(COD)
Council position
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
11a. "innovative product" means a new and/or novel materials-related, technical or technological solution for which a harmonised standard has not been established;
Amendment 82 #
2008/0098(COD)
Council position
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
By way of derogation from Article 4(1) and in the absence of Union or national provisions requiring the declaration of essential characteristics where a manufacturer intends to place a product on the market, a manufacturer may refrain from drawing up a declaration of performance when placing a construction product covered by a harmonised standard on the market where:re the drawing up of such a declaration is not required under national rules.
Amendment 83 #
2008/0098(COD)
Council position
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 86 #
2008/0098(COD)
Council position
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 87 #
2008/0098(COD)
Council position
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 115 #
2008/0098(COD)
Council position
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
Amendment 116 #
2008/0098(COD)
Council position
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
Amendment 131 #
2008/0098(COD)
Council position
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. Following a request for a European Technical Assessment by a manufacturer, a European Assessment Document shall be drawn up and adopted by the organisation of TABs for any construction product not covered or not fully covered by a harmonised standard, for which the performance in relation to its essential characteristics cannot be entirely assessed according to an existing harmonised standard, because inter alia: innovative construction product.
Amendment 133 #
2008/0098(COD)
Council position
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
Amendment 134 #
2008/0098(COD)
Council position
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
Amendment 135 #
2008/0098(COD)
Council position
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
Amendment 137 #
2008/0098(COD)
Council position
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
1a. European Technical Assessments shall be issued for innovative construction products.
Amendment 138 #
2008/0098(COD)
Council position
Article 26 – paragraph 1 b (new)
Article 26 – paragraph 1 b (new)
1b. If the European Technical Assessment is not replaced by a harmonised standard and the manufacturer of the construction product does not make substantial changes to it which alter its characteristics, the European Technical Assessment shall be automatically extended and shall be valid until a harmonised standard is published or the manufacturer makes substantial changes to the product and a new ETA is applied for.
Amendment 151 #
2008/0098(COD)
Council position
Article 37 – paragraph 1
Article 37 – paragraph 1
Amendment 183 #
2008/0098(COD)
Council position
Annex V – Article 1.1 – point b – subpoint iv
Annex V – Article 1.1 – point b – subpoint iv
(iv) audit-testing of samples taken before placing the productn agreement with the manufacturer providing for audit-testing of samples taken after the product has been placed on the market.
Amendment 39 #
0000/2013(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Urges Member States to see that the names and emblems of the European political parties appear on the ballot paper alongside the national party name and their respective lists of candidates;
Amendment 45 #
0000/2013(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Requests the European political parties to nominate their candidates for the Commission presidency sufficiently well in advance of the election for them to be able to mount a significantn EU-wide campaign;