Activities of Lara COMI
Plenary speeches (4)
30th Anniversary of the Single Market (debate)
Access to strategic critical raw materials (debate)
Energy storage (debate)
Adoption of the Cyber package proposals (debate)
Shadow reports (1)
REPORT on a standardisation strategy for the single market
Written questions (6)
EU response to the arrival of passengers from China: preventing the spread of COVID-19
Ireland’s plan to introduce warning labels on alcoholic drinks
Fresh threat of drought and risk of a water emergency in Europe
Extreme weather emergency in Italy
Areas being left without bank branches
Christmas is an inclusive celebration
Individual motions (1)
MOTION FOR A RESOLUTION on establishing a European Adherence to Therapy Day
Amendments (2006)
Amendment 7 #
2023/2044(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas, in certain EU countries, multifunctionality is driving and stimulating the growth of entrepreneurship among young people, and many innovative businesses headed by people under the age of 40 are engaged in economic activities that are linked to traditional agriculture, such as nursery farms, agri-wellness farms, renewable energy generation or social farming projects.
Amendment 49 #
2023/2044(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights that shrinking regions need to develop economic diversification strategies, such as multifunctionality and direct sales, to promote local resilience;
Amendment 53 #
2023/2044(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recognises the important role women and young people play in areas at risk of depopulation; calls therefore for measures to create economic, social and other opportunities, as well as innovative and sustainable jobs and services with a view both to reducing the digital divide and to bridging the gap with urban areas as regards the availability of services, as well as sustainable services which respond to the need to adapt to climate change;
Amendment 57 #
2023/2044(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasises the importance of multifunctionality and of the positive externalities of agricultural activities with a view to making the sector more appealing to young farmers and capable of attracting new skills and talent, so as to ensure an effective generational renewal and to enrich the EU's agri-food sector across the board.
Amendment 68 #
2023/2044(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Invites Member States to begin mapping public arable land, and to prioritise its allocation to young farmers.
Amendment 2 #
2023/2019(INI)
Motion for a resolution
Recital C
Recital C
C. whereas Parliament requested that the Commission carefully assess the possible inclusion of electronically supplied services whose main feature is the provision of access to and use of copyright protected works or other protected subject matter into the scope of the Geo-blocking Regulation; whereas the Commission report on the first short-term review of the Geo-blocking Regulation stated that, as regards audiovisual content, the Commission would engage in dialogue with stakeholders with a view to fostering the circulation of quality content across the EU; whereas this dialogue is included as Action 7 in the Media and Audiovisual Action Plan9 ; whereas each and every organisation of the audiovisual sector reminded the utmost importance of its territorial functioning throughout the whole stakeholder’s dialogue; __________________ 9 COM(2020)0784.
Amendment 6 #
2023/2019(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the film and audiovisual sector is of crucial importance audiovisual sector for the EU at both economic and cultural level; and whereas this sector is vital for safeguarding the EU’s cultural and linguistic diversity and media pluralism; whereas territorial and exclusive allocation of licensing rights and contractual freedom are sine qua non conditions for the proper functioning of the audiovisual sector in the EU;
Amendment 18 #
2023/2019(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines the remaining untapped potential for cross-border economic activities that could be encouraged by the removal of all geo-blocking barriers and the continued promotion of the free movement of products and services in line with the principles of the Geo-blocking Regulation, except for the audiovisual and book sector, in compliance with Directive 2006/123/CE which excludes it from its scope (Article 2.2(g)) and with Article 167 of the Treaty on the Functioning of the European Union which gives the cultural competence to Member States to ensure cultural diversity;
Amendment 23 #
2023/2019(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines the importance of the Geo-blocking Regulation in building a more robust, coherent and accessible internal market for all citizens and businesses in the EU, regardless of their place of residence or establishment; stresses that further steps need to be taken to achieve the full potential of the Regulation, including by strengthening the legal framework supporting the cross- border exchange of goods and services, lifting the principle of territorial exclusivity would be detrimental for the entire audiovisual sector but also for every EU citizen, since it could lead to an increase in prices for the public;
Amendment 38 #
2023/2019(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recognises that the Commission carried out its first review prwo Regulations already constitute an exceptiorn to the start of the COVID-19 pandemic, which means that changes to both consumer and trading behaviour triggered by the pandemic were therefore not reflected in the 2020 Commission report; recalls the changes in consumer habits and the rising preference for online services that were additionally strengthened by the COVID-19 pandemic; underlines, therefore, the need to draw further conclusions based on the new data in this area, as 12 % of EU businesses10 started or increased efforts to sell goods or services online due to theerritorial exclusivity of the audiovisual sector, such as the portability of a subscription to an online content service across Member States, as provided in Regulation (EU) 2017/1128, and the access to news and current affairs programmes and fully financed own productions of the broadcasting organisation across the European Union, as provided in Directive (EU) 2019/789, for which there was no appropriate evaluation to date except that the Commission carried out its first review prior to the start of the COVID-19 pandemic; __________________ 10 Eurostat, ‘Online sales efforts on the rise due to the pandemic’, 11 April 2022.
Amendment 41 #
2023/2019(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Considers that the report by the Commission’s services on the application of the Portability Regulation issued in June 2022 identified compliance issues by some VOD platforms that it undertook to investigate further; considers that no feedback on these key investigation has been provided to the Parliament leaving the sector blind on the marge of maneuver left to increase the cross-border access of more content online; underlines, therefore, the need to draw conclusions based on the new data in this area;
Amendment 51 #
2023/2019(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 73 #
2023/2019(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. RExcept for the audiovisual and book sectors that do follow cultural goals, recommends a broader and more detailed analysis to address concerns regarding the selective distribution and exclusive rights agreements that undermine the right of passive sale and competition in online and offline products and services distribution channels;
Amendment 82 #
2023/2019(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that, according to Article 1(5) of the Regulation, it should not affect copyright law; emphasises that Parliament requested, in line with the review clause of the Regulation, that the Commission assess whethered that the Regulation should alsonot apply to electronically supplied services whose main feature is the provision of access to and use of copyright protected works or other protected subject matter, including the selling of copyright protected works or protected subject matter in an intangible form, provided thateven if the trader has the requisite rights for the relevant territories11 ; __________________ 11 European Commission, ‘Study on the impacts of the extension of the scope of the geo-blocking regulation to audiovisual and non-audiovisual services giving access to copyright protected content’, 2020.
Amendment 85 #
2023/2019(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the progress made in terms of the cross-catalogue availability of music, e-book, video game and software products and services, both in subscription and transaction-based models; regrets the limited improvements regarding the cross- catalogue availability of video content and live sports events, which contribute to consumers’ perception that the audiovisual services sector is applying the highest level of geo-blocking; points out that the financing of audiovisual and cinematographic works involves such large sums that it is necessary to maintain its territorial functioning;
Amendment 90 #
2023/2019(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on the Commission to use the Creative Europe MEDIA programme to fund a selection of emblematic European films to be made available online in all countries and languages, with an appropriate promotional campaign to ensure that the works reach their audiences; calls on the Commission to fund more projects for dubbing and subtitling audiovisual works through Creative Europe MEDIA programme, and to work towards improving access to cinematic heritage works;
Amendment 91 #
2023/2019(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Recalls the importance of supporting a policy of European co- productions, reflecting the richness and diversity of European culture, and the importance of strengthening the international distribution of works;
Amendment 94 #
2023/2019(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes the popularity of different tools among consumers usedre is different legislative tools that exist which constitute an exception to avoid geo- blocking restrictions, especially for audiovisual content, such as the portability of a subscription to an online content service across Member States, as provided in Regulation (EU) 2017/1128, and the access to news and current affairs programmes and to fully financed own productions of the broadcasting organisation across the European Union, as provided in Directive (EU) 2019/789; considers it important to recognise that the steady modernisation and adaptation of the audiovisual services sector to new consumer expectations might be more effective than undermining the effective use of such tools;
Amendment 98 #
2023/2019(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Recognizes that citizens have access to an important quantity of audiovisual works and ebooks in each Member State; whereas demand for cross border access to audiovisual works and ebooks remains very low in the EU and whereas accepting this request EU would put in jeopardy the entire audiovisual and book sectors, affecting de facto consumer’s access to diverse and highly cultural European creations;
Amendment 102 #
2023/2019(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Calls on the Commission to start researches on the discoverability of European works online, in order to initiate reflections on the role of recommendation algorithms in the cultural sector, on the transparency of these algorithms, and to propose courses of action, notably in terms of standardization, metadata provision, interoperability and tools to facilitate public access;
Amendment 104 #
2023/2019(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15 c. Calls on the Commission to encourage, through the Agoratheka program that the on demand platforms give access to the data of their catalog available to the film browsers set up in each Member States; recalls that this information would enhance considerably the discoverability of works online;
Amendment 115 #
2023/2019(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Calls on the Commission to propose legislation obliging commercial providers of digital media content operating in multiple Member States to provide to the Audiovisual European Observatory and the rights holders data on the work they have online and their audience;
Amendment 6 #
2023/2015(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to the FAO’s 2022 report entitled ‘Thinking about the future of food safety and food allergies with regard to certain types of novel foods and protein sources’,
Amendment 10 #
2023/2015(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard to the study by the Joint Research Centre (JRC) from July 2020 on the future of EU livestock: how to contribute to a sustainable agricultural sector?
Amendment 11 #
2023/2015(INI)
– having regard to the Dublin Declaration of 2022 on the societal role of meat,
Amendment 41 #
2023/2015(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the COVID-19 pandemic and the Russian invasion of Ukraine have had dramatic effects on global trade and have made it more apparent that the EU needs to diversify its food supply chains and increase its production;
Amendment 69 #
2023/2015(INI)
Motion for a resolution
Recital D
Recital D
D. whereas plant-based proteins are crucialan important factor for the transition towards more sustainable food systems with a reduced climate impact;
Amendment 81 #
2023/2015(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas proteins of animal origin are essential in ensuring a balanced and healthy diet and protecting rural areas and their development;
Amendment 110 #
2023/2015(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the market for plant-based and alternative sources ofsustainable production of animal and plant-based protein is steadily increasing due to consumer demand;
Amendment 127 #
2023/2015(INI)
Motion for a resolution
Recital I
Recital I
Amendment 151 #
2023/2015(INI)
Motion for a resolution
Recital J
Recital J
J. whereas interest in insects for human and in particular animal consumption is growing, as is the desire and right of consumers to have easy access to clear information about the presence of insects in various end products;
Amendment 169 #
2023/2015(INI)
Motion for a resolution
Recital K
Recital K
K. whereas research and innovation on plantsustainable production of all sources of proteins needs to be scaled up;
Amendment 185 #
2023/2015(INI)
Motion for a resolution
Recital L
Recital L
L. whereas it is important to adopt a value chain approach in order to create added value for plant-based protein sourcessustainable protein production;
Amendment 200 #
2023/2015(INI)
1. Calls on the Commission to urgently present a comprehensive EU protein strategy covering the sustainable production of all protein types, both animal and plant-based, within the EU, and introducing effective measures to increase the EU’s production of protein in the short, medium and long term;
Amendment 221 #
2023/2015(INI)
Motion for a resolution
Paragraph 2 – point 1 a (new)
Paragraph 2 – point 1 a (new)
1a. The principles of a circular economy;
Amendment 245 #
2023/2015(INI)
Motion for a resolution
Paragraph 2 – point 3
Paragraph 2 – point 3
3. The development of plant-based and alternative protein for food and feed;
Amendment 259 #
2023/2015(INI)
Motion for a resolution
Paragraph 2 – point 5 a (new)
Paragraph 2 – point 5 a (new)
5a. The innovation, research and development of sustainably produced plant-based and animal protein;
Amendment 293 #
2023/2015(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that the protein strategy should acknowledge thesupport environmental transition through sustainable development of all possibleagricultural protein sources and/or those from the fisheries and aquaculture sectors;
Amendment 330 #
2023/2015(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that developing the production of plant and alternative sources ofsustainably produced proteins in the EU is an effective way of addressing many of the social, environmental and climate challenges that the EU faces;
Amendment 339 #
2023/2015(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. stresses that the EU’s protein strategy should encourage the transition to increasingly sustainable animal protein production, to avoid the relocation of animal production where environmental standards are lower than in the EU and to maintain the vitality of rural areas;
Amendment 390 #
2023/2015(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to propose medium- and long-term policy measures to close the nutrient loop, such as enabling the use of alternative organic products such as recovered nitrogen from manure (RENURE) productsor digestate;
Amendment 401 #
2023/2015(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that the production of biomethane, biogas, biofuels or other bio- based chemicals that use biowaste streams is a key factor contributing to more sustainable production and a source of important revenue to enhance and capture the value of protein-rich crops and strengthen their business case for farmers;
Amendment 414 #
2023/2015(INI)
Motion for a resolution
Subheading 4
Subheading 4
Amendment 428 #
2023/2015(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights the big potential of sustainably produced animal and plant- based protein and the fact that the development of the sectors with their essential role that will benefit European farmers, the circular economy, soil quality, biodiversity, the climate and human health;
Amendment 453 #
2023/2015(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the importance of grasslands and their combined role with livestock production as a protein source; highlights the relevance of projects that extract high- quality protein as well as biomethanol from grasslands through biorefining;
Amendment 475 #
2023/2015(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 504 #
2023/2015(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that insects should be considered as alternative sources of protein, particularly for animal nutrition;
Amendment 522 #
2023/2015(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Is of the opinion that authorisations made solely through novel food legislation should be based on the safety of the product and its impact on human health;
Amendment 536 #
2023/2015(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls for more research and development into plant-based and alternative proteinsfor the sustainable production of animal and plant-based proteins in the EU;
Amendment 581 #
2023/2015(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. calls on the Commission to present an analytical study on the space available on the market for proteins;
Amendment 620 #
2023/2015(INI)
Motion for a resolution
Paragraph 32 – point ii
Paragraph 32 – point ii
Amendment 672 #
2023/2015(INI)
Motion for a resolution
Paragraph 32 – point ix
Paragraph 32 – point ix
Amendment 701 #
2023/2015(INI)
Motion for a resolution
Paragraph 32 – point xiii
Paragraph 32 – point xiii
xiii. A clear research and development funding strategy to promote and stimulate the market uptake of plant-based proteins for food and feed in the EUinvest in food and feed in the EU and their sustainable production;
Amendment 31 #
2023/0323(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Although jJudicial claims related to late payment are already facilitated by Regulations (EC) No 805/200436 , (EC) No 1896/200637 , (EC) No 861/200738 and (EU) No 1215/201239 of the European Parliament and of the Council, in order to discourage late payment in commercial transactions it is necessary to lay down complementary provisions. The procedures introduced there are used differently in the Member States. The European order for payment procedure in particular is not used in the same way in all Member States, with the duration of the procedure varying greatly39a. However, greater use of these instruments would allow companies to obtain their compensation more quickly. The European procedures referred above are not sufficiently well known among businesses, citizens, professionals and courts. For this reason, it is necessary to make the procedures more effective and better known. By shortening the respective deadlines and introducing electronic processing, the procedures will become more attractive. The Member States are also required to ensure compliance with the maximum duration of the procedure. __________________ 36 Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims (OJ L 143, 30.04.2004, p. 15) 37 Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure (OJ L 399, 30.12.2006, p. 1). 38 Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure (OJ L 199, 31.7.2007, p. 1). 39 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1). 39a Report from the Commission on the application of Regulation (EC) No 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure
Amendment 33 #
2023/0323(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Provisions should be laid down to prevent late payments in commercial transactions, consisting in the delivery of goods or supply of services for remuneration, irrespective of whether they are carried out between undertakings or between undertakings and contracting authorities/entities, where the latter are the debtor, given these contracting authorities/entities handle a considerable. As the contracting authorities/awarding bodies process a considerable volume of payments to undertakings and since a significant amount of late payments has been experienced over the last years, it is necessary to set a mandatory payment period of 30 calendar days for these transactions. A longer payment period is often required between undertakings. Therefore, in B2B transactions, the payment period may not exceed 60 calendar days after receipt of the invoice. Due to the special features of the financing model in some sectors, it is nevertheless necessary to agree even longer payment periods. This applies in particular to seasonal goods and slow motion products. Taking into account the circumstances of an individual case, it should therefore be possible to agree longer payment periods in individual contracts. Such an agreement must be made expressly and may not be imposed unilaterally as general terms and conditions. Furthermore, the agreement must not be grossly unfair with regard to the interests of the creditor. It is already assumed that there is no gross inequity if the debtor is a small or medium-sized enterprise. Gross unfairness exists if the deviation from the standard period of 60 days occurs without an objective reason and violume of payments to undertakingates the principles of good faith and honesty. This is presumed to be the case if a payment period of more than 120 days has been agreed upon. The presumption can be rebutted in individual cases.
Amendment 95 #
2023/0323(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) To provide sufficient time for all relevant actors to put in place the arrangements needed to comply with this Regulation, its application should be deferred. HowevIn order, to ensure better protectlegal certainty, the provisions of the creditors, commercial transactions that are to be paid after the date of entry into force of this Regulation, shall be subject to its provisions, even if the relevant contract was signed before its date of applicationis Regulation apply to transactions signed after its entry into force. In the case of long-term obligations, the provisions of this Regulation already apply to transactions concluded before the entry into force of this Regulation for the part of the remuneration to be paid after its entry into force. The relevant date is the date of receipt of the invoice.
Amendment 119 #
2023/0323(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘public authority’ means any contracting authority, as defined in Article 6(1) of Directive 2014/23/EU, Article 2(1), point (1), of Directive 2014/24/EU or in Article 3(1) of Directive 2014/25/EU, regardless of the subject or value of the contract;
Amendment 157 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Between public authorities and undertakings the payment period shall not exceed 30 calendar days. In commercial transactions, the payment period shall not exceed 360 calendar days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. The same payment period shall also apply to the supply of non- perishable agricultural and food products on a regular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such productsAn agreement between undertakings whereby the payment period is fixed at more than 60 calendar days after receipt of the invoice is only valid, if it has been expressly agreed and is not grossly unfair with regard to the interests of the creditor. Fairness is presumed if the debtor is a small or medium-sized enterprise.
Amendment 179 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Where the contract provides for a procedure of acceptance or verification, in accordance with paragraph 2, the maximum duration of that procedure shall not exceed 360 calendar days from the date of receipt of the goods or services by the debtor, even if such goods or services are supplied prior to the issuance of the invoice or an equivalent request for payment. In this case, the debtor shall initiate the procedure for acceptance or verification immediately upon reception from the creditor of the goods and/or the services that are the object of the commercial transaction. The payment period shall not exceed 360 calendar days after such procedure has taken place. An agreement between undertakings whereby the payment period is fixed at more than 60 calendar days after receipt of the invoice is only valid, if it has been expressly agreed and is not grossly unreasonable with regard to the interests of the creditor. Fairness is presumed if the debtor is a small or medium-sized enterprise.
Amendment 199 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. The provisions on refusal of payment in the event of non-conforming goods or services shall remain unaffected.
Amendment 271 #
2023/0323(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 281 #
2023/0323(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure that adequate and effective means exist to end the contractual terms and practices referred to in paragraph 1practices like intentionally delaying or preventing the moment of sending the invoice.
Amendment 298 #
2023/0323(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Creditors shall obtain an enforceable title, including through an expedited procedure and irrespective of the amount of debt, within 930 calendar days of the lodging of the action or application at the court or other competent authority, provided that the debt and the procedure are not disputed.
Amendment 301 #
2023/0323(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. This Article shall be without prejudice to the provisions of Regulation (EC) 1896/2006 and Regulation (EC) No 861/2007.
Amendment 302 #
2023/0323(COD)
Proposal for a regulation
Article 13
Article 13
Amendment 340 #
2023/0323(COD)
Proposal for a regulation
Article 14
Article 14
Amendment 358 #
2023/0323(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 375 #
2023/0323(COD)
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. The Commission and the Member States shall consider mandatory forms of adequate compensation, such as offsetting, and other supporting measures, such as, for example, guarantee funds for SMEs and factoring for companies owed money by a public authority, so that they are not forced to go bankrupt because of it. Member States shall put in place faster and more efficient procedures for the refund of VAT and the recovery of amounts due, especially for SMEs.
Amendment 376 #
2023/0323(COD)
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. In the case of late payment by public authorities, the central government may issue a warning to a local authority if the latter has not paid its suppliers on time and, should late payment persist, may pay the suppliers directly for the goods or services provided, suspending payment allocations to the non-compliant local authority’s budget. Such a system, combining reliable monitoring of the public bodies' payment performances with an effective escalation plan, widely communicated when activated, seems to have produced results which deserve further analysis and shall be passed on to Member States as an example of good practice.
Amendment 404 #
2023/0323(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Commercial transactions carried out afterntracts concluded after the date of application of this Regulation shall be subject to the provisions of this Regulation. Long-term contracts concluded before the date of application of this Regulation shall be subject to the provisions of the presentis Regulation, including when the underlying contract has been concluded before that dat for the part of the remuneration to be paid after its entry into force for transactions concluded before the entry into force of this Regulation for the part of the remuneration invoiced after its entry into force.
Amendment 1 #
2023/0290(COD)
Proposal for a regulation
Annex II – part A – point 2
Annex II – part A – point 2
2. N-nitrosamines and N-nitrosatable substances are prohibited in toys intended for use by children under 36 months or in other toys intendedwhere the migration of those substances is equal to or higher than: PRODUCT TYPE N-nitrosamines mg/kg N-nitrosatable substances mg/kg a) toys intended for use by 0,01 0,1 children under 36 months and intended or likely to be placed into the mouth where the migration of those substances is equal to or higher than 0,01 mg/kg for nitrosamines and 0,1 mg/kg for nitrosable substances. b) toys intended for use by 0,05 1 children under 36 months not covered by a) c) toys intended for use by 0,05 1 children of 36 months and over and intended to be placed into the mouth d) balloons 0,05 1 e) finger paints 0,02 1
Amendment 154 #
2023/0290(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The Commission shall be empowered tofore the application of this Regulation pursuant to Article 56 adopt implementing acts determining whether or not specific products or categories of products fulfil the criteria set out in paragraph 1 of this Article and therefore can or cannot be considered toys within the meaning of this Regulation. Those implementing acts shall be adopted in accordance with the procedure set out in Article 50(2).
Amendment 168 #
2023/0290(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
(14) ‘data carrier’ means a linear bar code symbol, a two-dimensional symbol or other automatic identification data capture medium that can be read by a device;data carrier as defined in Article 2 paragraph 1, point 30 of Regulation (EU) .../...) [PO insert serial number for Ecodesign Requirements for Sustainable Poducts]
Amendment 169 #
2023/0290(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
(15) ‘unique product identifier’ means unique string of characters for the identification of toys that also enables a web link to the product passport;product identifier as defined in Article 2 paragraph 1, point 31 of Regulation (EU) .../...) [PO insert serial number for Ecodesign Requirements for Sustainable Poducts]
Amendment 170 #
2023/0290(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘unique operator identifier’ means a unique string of characters for the identification of actors involved in the value chain of toys;operator identifier as defined in Article 2 paragraph 1, point 32 of Regulation (EU) .../...) [PO insert serial number for Ecodesign Requirements for Sustainable Poducts]
Amendment 188 #
2023/0290(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Toys shall not present a risk to the safety or health of users or third parties, including the psychological and mental health, well- being and cognitive development of children, when they are used as intended or in a foreseeable way, bearing in mind the behaviour of children.
Amendment 211 #
2023/0290(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Manufacturers shall indicate their name, registered trade name or registered trade mark and the postal and electronic address at which they can be contacted on the toy or, where that is not possible, on its packaging or in a document accompanying the toy. Manufacturers shall indicate a single point at which they can be contacted.
Amendment 287 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point d
Article 17 – paragraph 2 – point d
(d) be up to date;, while not presenting outdated information older than three months.
Amendment 302 #
2023/0290(COD)
Proposal for a regulation
Article 17 – paragraph 10 – subparagraph 1 – introductory part
Article 17 – paragraph 10 – subparagraph 1 – introductory part
The Commission shall prior to the application of this regulation pursuant Article 56 adopt implementing acts determining the specific and technical requirements related to the product passport for toys. Those requirements shall cover in particular the following:
Amendment 385 #
2023/0290(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Toys placed on the market in conformity with Directive 2009/48/EC before … [OP please insert the date = the first day of the month following 30 months after the date of entry into force of this Regulation] may continue to be made available on the market until … [OP please insert the date = the first day of the month following 542 months after the date of entry into force of this Regulation].
Amendment 392 #
2023/0290(COD)
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. EC type-examination certificates issued in accordance with Article 20 of Directive 2009/48/EC shall remain valid until … [PO insert date: the first day of the month following 542 months after the date of entry into force of this Regulation], unless they expire before that date.
Amendment 402 #
2023/0290(COD)
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
However, Articles 2(3), 17(10), 24 to 40, and 46 to 52, shall apply from … [OP: please insert the date of entry into force of this Regulation].
Amendment 412 #
2023/0290(COD)
Proposal for a regulation
Annex I – Part II a (new)
Annex I – Part II a (new)
II a Books for children older than 36 months, that are made entirely of paper and/or cardboard, without additional materials or components.
Amendment 418 #
2023/0290(COD)
Proposal for a regulation
Annex II – Part I – point 9
Annex II – Part I – point 9
9. Toys shallintended to generate sound must be designed and manufactured in such a way, in terms ofwith regard to the maximum values for impulse noise and continuous noise, in such a way that the sound from them is not able tothey emit cannot impair children’'s hearing.
Amendment 453 #
2023/0290(COD)
Proposal for a regulation
Annex VI – Part I – point d
Annex VI – Part I – point d
(d) object of the passport (identification of toy allowing traceability, including a colour image of sufficient clarity to enable the identification of the toy);
Amendment 454 #
2023/0290(COD)
Proposal for a regulation
Annex VI – Part I – point k
Annex VI – Part I – point k
Amendment 456 #
2023/0290(COD)
Proposal for a regulation
Annex VI – Part II a (new)
Annex VI – Part II a (new)
II a image or drawing of the toy.
Amendment 82 #
2023/0133(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) There are well established commercial relationships and licensing practices for certain use cases of standards, such as the standards for wireless communications, with iterations over multiple generations leading to considerable mutual dependency and significant value visibly accruing to both SEP holders and implementers. There are other, typically more novel use cases – sometimes of the same standards or subsets thereof - with less mature markets, more diffuse and less consolidated implementer communities, for which unpredictability of royalty and other licensing conditions and the prospect of complex patent assessments and valuations and related litigation weigh more heavily on the incentives to deploy standardised technologies in innovative products. Therefore, in order to ensure a proportionate and well targeted response, certainthe procedures under this Regulation, namely the aggregate royalty determination and the compulsory FRAND determination prior to litigation, should not be applied to identified use cases of certain standards or parts thereof for which there is sufficient evidence that SEP licensing negotiations on FRAND terms do not give rise to significant difficulties or inefficiencies within the single market.
Amendment 95 #
2023/0133(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The competence centre should set up and administer an electronic register and an electronic database containing detailed information on SEPs in force in one or more Member States, including essentiality check results, opinions, reports, available case-law from jurisdictions across the globe, rules relating to SEPs in third countries, and results of studies specific to SEPs. In order to raise awareness and facilitate SEP licensing for SMEs and start-ups, the competence centre should offer assistance to SMEsthem. The setting up and administering a system for essentiality checks and processes for aggregate royalty determination and FRAND determination by the competence centre should include actions improving the system and the processes on a continuous basis, including through the use of new technologies. In line with this objective, the competence centre should establish training procedures for evaluators of essentiality and conciliators for providing opinions on aggregate royalty as well as on FRAND determination and should encourage consistency in their practices.
Amendment 119 #
2023/0133(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Any assessment of essentiality of SEPs conducted by an independent entity prior to the entry into force of the Regulation, for example through patent pools, as well as essentiality determinations by judicial authorities should voluntarily be indicated in the register. Those SEPs should not be re- checked for essentiality after the relevant evidence supporting the information in the register is provided to the competence centre.
Amendment 129 #
2023/0133(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Each party may choose whether it wishes to engage in the procedure and commit to comply with its outcome. Where a party does not reply to the FRAND determination request or does not commit to comply with the outcome of the FRAND determination, the other party should be able to request either the termination or the unilateral continuation of the FRAND determination. Such a party should not be exposed to litigation during the time of the FRAND determination. At the same time, tThe FRAND determination should be an effective procedure for the parties to reach agreement beforeand settle any ongoing litigation or to obtain a determination to be used in further proceedings. Therefore, the party or parties that commit to complying with the outcome of the FRAND determination and duly engage in the procedure should be able to benefit from its completion.
Amendment 135 #
2023/0133(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The obligation to initiate FRAND determination should not be detrimental to the effective protection of the parties’ rights. In that respect, the party that commits to comply with the outcome of the FRAND determination while the other party fails to do so should be entitled to initiate proceedings before the competent national court pending the FRAND determination. In addition, either party should be able to request a provisional injunctionof a financial nature before the competent court. In a situation where a FRAND commitment has been given by the relevant SEP holder, provisional injunctions of an adequate and proportionate financial nature should provide the necessary judicial protection to the SEP holder who has agreed to license its SEP on FRAND terms, while the implementer should be able to contest the level of FRAND royalties or raise a defence of lack of essentiality or of invalidity of the SEP. In those national systems that require the initiation of the proceedings on the merits of the case as a condition to request the interim measures of a financial nature, it should be possible to initiate such proceedings, but the parties should request that the case be suspended during the FRAND determination. When determining what level of the provisional injunction of financial nature is to be deemed adequate in a given case, account should be taken, inter alia, of the economic capacity of the applicant and the potential effects for the effectiveness of the measures applied for, in particular for SMEs and start-ups, also in order to prevent the abusive use of such measures. It should also be clarified that once the FRAND determination is terminated, the whole range of measures, including provisional, precautionary and corrective measures, should be available to parties.
Amendment 140 #
2023/0133(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Upon appointment, the conciliation centre should refer the FRAND determination to the conciliator, who should examine whether the request contains the necessary information, and communicate the schedule of procedure to the parties or the party requesting the continuations of the FRAND determination.
Amendment 162 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. TIn accordance with article 66, this Regulation shall apply to patents that are in force in one or more Member States and are essential to a standard that has been published by a standard development organisation, to which the SEP holder has made a commitment to license its SEPs on fair, reasonable and non-discriminatory (FRAND) terms and conditions and that is not subject to a royalty-free intellectual property policy,
Amendment 169 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) aftwhere the entry into force of this Regre is sufficient evidence that, as regards identified use cases of certain standards or parts thereof, SEP licensing negotiations on FRAND terms do give rise to significant difficulation, with the exceptions provided in paragraph 3;es or inefficiencies affecting the functioning of the internal market, and
Amendment 176 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) before the entry into force of this Regthe Commission has, after an appropriate consultation, in accordance with Article 66 process, by means of a delegated act pursuant to Article 67, established a list of such use cases, standards or parts thereof.
Amendment 207 #
2023/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point h
Article 3 – paragraph 2 – point h
(h) provide training, support and general advice on SEPs to SMEs and start- ups;
Amendment 210 #
2023/0133(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point i
Article 4 – paragraph 3 – point i
(i) the existence of any public standard terms and conditions for SEP licensing to SMEs and start-ups;
Amendment 216 #
2023/0133(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) public standard terms and conditions for SEP licensing to SMEs and start-ups pursuant to Article 62(1), if available;
Amendment 267 #
2023/0133(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. If the requests for participation include SEP holders representing collectively at least an estimated 20% of all SEPs for the standard, and implementers holding collectively at least 10% relevant market share in the Union or at least 10 SMEs and start-ups, the competence centre shall appoint a panel of three conciliators selected from the roster of conciliators with the appropriate background from the relevant field of technology.
Amendment 288 #
2023/0133(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
Amendment 290 #
2023/0133(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
Amendment 291 #
2023/0133(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
Amendment 346 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 3 – introductory part
Article 38 – paragraph 3 – introductory part
3. Where the responding party does not reply within the time limit laid down in paragraph (2) or informs the competence centre of its decision not to participate in the FRAND determination, or not to commit to comply with the outcome, the following shall apply:
Amendment 357 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 3 a (new)
Article 38 – paragraph 3 a (new)
3 a. Where the responding party informs the competence centre of its decision not to participate in the FRAND determination, or not to commit to comply with the outcome the competence centre shall terminate the FRAND determination.
Amendment 376 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 5
Article 38 – paragraph 5
Amendment 382 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 6
Article 38 – paragraph 6
6. The FRAND determination shall concern a global SEP licence, unless otherwise specified by the parties in case both parties agree to the FRAND determination or by the party that requested the continuation of the FRAND determination. SME, as set out in paragraph (3). SMEs and start-ups that are parties to the FRAND determination may request to limit the territorial scope of the FRAND determination.
Amendment 394 #
2023/0133(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. A party may submit an objection stating that the conciliator is unable to make a FRAND determination on legal grounds, such as a previous binding FRAND determination or agreement between the parties, no later than in the first written submission at any time. The other party shall be given opportunity to submit its observations.
Amendment 438 #
2023/0133(COD)
Proposal for a regulation
Article 56 – paragraph 4
Article 56 – paragraph 4
Amendment 491 #
2023/0133(COD)
Proposal for a regulation
Article 70 – paragraph 1 a (new)
Article 70 – paragraph 1 a (new)
1 a. By [OJ: please insert the date = 3 years from entry into force of this regulation] the Commission shall evaluate the impact that the essentiality check system and the FRAND determination system on the competitiveness of the Union SEP holders on a global level and on innovation in the Union.
Amendment 9 #
2023/0105(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Council Directive 2001/110/EC20 lays down definitions, names, common rules on composition, quality and labelling requirements for honey. _________________ 20 Council Directive 2001/110/EC of 20 December 2001 relating to honey (OJ L 10, 12.1.2002, p. 47).
Amendment 16 #
2023/0105(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In light of the close link between the quality of honey and its origin and the need for the consumer not to be misled regarding the quality of the product, Directive 2001/110/EC lays down rules on the labelling of the origin where the honey has been harvested. In particular, Article 2(4) of that Directive requires the country or countries of origin where the honey has been harvested to be indicated on the label and provides that, if honey originates in more than one Member State or third country, the mandatory indication of the countries of origin may be replaced by one of the following, as appropriate: ‘blend of EU honeys’, ‘blend of non-EU honeys’, ‘blend of EU and non-EU honeys’. The different rules adopted on this basis by Member States may have misled consumers and may have hindered the functioning of the internal market. In the light of the Farm to Fork Strategy’s objective of strengthening consumers in making informed choices, including on the geographical origin of their food and the respective details of the origin of ingredients in blends, and in the interest to preserve the efficient functioning of the internal market throughout the Union through a harmonisation of the labelling rules, it is appropriate to revise the rules for honey origin labelling and provide that the country or countries of origin should be mentioned on the packaging. In light of the reduced size of the packs together with, for blends, the exact percentages of honey from each countaining only a singlry of origin in descending order. Given the poartion of honey (breakfast packs) and the resultcular interest shown by consumers ing technical difficulties, ithe geographical origin of honey in relation to its therefore appropriate to exempt those packs from the obligation of listing all individualcharacteristics and quality, as well as the need for full transparency in the honey sector, it is essential that the country or countries of origin, where the honey originates in more than one countrywas harvested appear on the label in the same field of vision as the product indication.
Amendment 33 #
2023/0105(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) In light of the reduced size of the packs containing only a single portion of honey (breakfast packs) and the resulting technical difficulties, in the event that the honey originates from more than one country, its packaging should indicate each country by displaying the relevant national abbreviations. However, for small packs, the sales documents must clearly indicate each country of origin and the exact percentages of the blended honeys.
Amendment 37 #
2023/0105(COD)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
Amendment 39 #
2023/0105(COD)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) In light of the reduced size of the packs containing only a single portion of honey (breakfast packs) and the resulting technical difficulties, it is therefore appropriate, where the honey originates in more than one country, to ensure that all countries of origin are indicated on the packaging by using the corresponding "Country Code".
Amendment 41 #
2023/0105(COD)
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
Amendment 55 #
2023/0105(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Therefore, considering, in particular, that consumers are increasingly aware of health concerns linked to the consumption of sugar, it is appropriate to revise the rules on the use of statements on sugar for fruit juices to allow consumers to make informed choices. It is therefore appropriate to reintroduce, without a time limitation, the possibility for the industry to use the statement indicating thatwhether or not fruit juices contain added sugars.
Amendment 56 #
2023/0105(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Given that that the Farm to Fork Strategy aims to make consumers better able to make informed choices, including by providing easily recognisable information on of the origin of foodstuffs. Given that harmonising labelling rules is in the EU’s interest since it helps ensure the smooth functioning of the internal market, mandatory country-of-origin labelling should be expanded to cover fruit used in the production of products for human consumption, such as fruit juices and similar products – jams, jellies, marmalades and chestnut purée – just as it covers fresh fruit.
Amendment 76 #
2023/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2001/110/EC
Article 2 – paragraph 4 – point a
Article 2 – paragraph 4 – point a
(a) The country of origin where the honey has been harvested shall be indicated on the label. If the honey originates in more than one country, theeach countriesy of origin where the honey has been harvested shall be indicated on the label of packs containing more than 25 g, together with the percentages of honey from each country in descending order; Small packs containing less than 25 g must indicate each country of origin by displaying the relevant national abbreviations;
Amendment 142 #
2023/0105(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Directive 2001/112/EC
Article 4 a (new)
Article 4 a (new)
(1a) The following Article 4(a) is inserted: ‘ 1. For products covered by Annex I, the country of origin where the fruit was harvested must be indicated on the label of packs. 2. If the fruit used to made these products originates from more than one country, the countries of origin where the fruit was harvested shall be indicated on the label of packs together with the respective percentages used to obtain the final product. 3. If the products are made from two or more species of fruit, the countries of origin where the fruit was harvested shall be indicated on the label of packs together with the respective percentages used to obtain the final product. ‘
Amendment 146 #
2023/0105(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
Directive 2001/113/EC
Article 2 a (new)
Article 2 a (new)
Amendment 205 #
2023/0105(COD)
Proposal for a directive
Annex I a (new)
Annex I a (new)
Directive 2001/110/EC
Annexes 1 and 2
Annexes 1 and 2
Annexes I and II to Directive 2001/110/EC are amended as follows: (1) Annex I is amended as follows: (a) paragraph 2(b)(viii) is amended as follows: ‘ raw or non-heat-treated honey: honey obtained that has been extracted from combs, decanted and then, if necessary, sifted. Such honey has not been heated to such an extent that its enzymes and other temperature-sensitive elements are so degraded as to no longer meets the criteria set out in points 6 and 7 of Annex II. ‘ (2) Annex II is amended as follows: (a) paragraph 2 is amended as follows: ‘ When placed on the market as honey or used in any product intended for human consumption, honey shall not have added to it any food ingredient, including food additives, nor shall any other additions be made other than honey. Honey must, as far as possible, be free from organic or inorganic matter foreign to its composition. With the exception of point 3 of Annex I, it must not have any foreign tastes or odours, have begun to ferment, have an artificially changed acidity or have been heated in such a way that the natural enzymes have been destroyed, significantly inactivated or subjected to vacuum evaporation. Honey, when sold as honey or used in any product intended for human consumption, must comply with the requirements concerning its composition set out in points 1 to 6. What is more, when sold as ‘raw honey’ or ‘unheated honey’, it must also comply with the requirements concerning its composition set out in point 7. ‘
Amendment 162 #
2023/0085(COD)
Proposal for a directive
Recital 52 a (new)
Recital 52 a (new)
(52a) The exemption of micro- enterprises from the scope of this Directive shall be without prejudice to the option, upon voluntary request, to comply with the requirements laid down in this Directive under Article 10. Given the competitive factor with regard to sustainable choices, it is appropriate to provide for the need for micro-enterprises to adapt to a new, simplified and voluntary environmental claim system.
Amendment 170 #
2023/0085(COD)
Proposal for a directive
Recital 54 a (new)
Recital 54 a (new)
(54a) The Commission should provide targeted and specialised training to help SMEs with applying and complying with the requirements for substantiation and verification of environmental claims.
Amendment 271 #
2023/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that traders carry out an assessment to substantiate explicit environmental claims. This assessmente assessment of explicit environmental claims concerning environmental impacts, environmental aspects or environmental performance shall:
Amendment 292 #
2023/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) rely on widely recognised scientific evidenceapproaches, use accurate information and take into account relevant international or European standards;
Amendment 295 #
2023/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) include primary information available to the economic operator on environmental impacts, environmental aspects or environmental performance, which are subject to the statement;
Amendment 297 #
2023/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) demonstrate that environmental impacts, environmental aspects or and environmental performance that are subject to the claim are significant from a life- cycle perspective as defined in ISO standard 14001;
Amendment 308 #
2023/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) where a claim is made on environmental performance, also take into account all environmental aspects or environmental impacts which are significant to assessing the environmental performancefrom a lifecycle perspective as defined in ISO standard 14001;
Amendment 312 #
2023/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
Amendment 317 #
2023/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
Amendment 325 #
2023/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) identify whether improving environmental impacts, environmental aspects or and environmental performance subject to the claim leads to significant harm in relation to environmental impacts on climate change, resource consumption and circularity, sustainable use and protection of water and marine resources, pollution, biodiversity, animal welfare and ecosystems. For impacts for which there are no widely recognised scientific indicators, the trader submitting the complaint shall supply a qualitative assessment satisfying the requirements laid down in paragraph 1;
Amendment 351 #
2023/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
Amendment 364 #
2023/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) include relevant secondary information for environmental impacts, environmental aspects, or environmental performance which is representative of the specific value chain of the product or the trader on which a claim is made, in cases where no primary information is available.
Amendment 385 #
2023/0085(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The requirements set out in paragraphs 1 and 2 shall not apply to traders that are microenterprises within the meaning of Commission Recommendation 2003/361/EC110 unless they request the verification with the aim of receiving the certificate of conformity in accordance with Article 10. Micro-enterprises may use, upon request, simplified forms to draw up and submit the explicit environmental claims referred to in these paragraphs. _________________ 110 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 429 #
2023/0085(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The requirements laid down in this Article shall not apply to traders that are microenterprises within the meaning of Commission Recommendation 2003/361/EC111 unless they request the verification with the aim of receiving the certificate of conformity in accordance with Article 10. If they so request, micro- enterprises may use simplified forms to draw up and submit the comparative explicit environmental claims referred to in these paragraphs. _________________ 111 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 723 #
2023/0085(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where, further to the evaluation referred to in the first subparagraph, the competent authorities find that the substantiation and communication of the explicit environmental claim or the environmental labelling scheme does not comply with the requirements laid down in this Directive, they shall invite the trader to provide an appropriate justification for the anomalies identified. If the competent authorities do not consider the reasons given sufficient, they shall notify the trader making the claim about the non- compliance and require that trader to take all appropriate corrective action within 3120 days to bring the explicit environmental claim or the environmental labelling scheme into compliance with this Directive or to cease the use of and references to the non-compliant explicit environmental claim. These corrective measures must in any case be proportionate to the size of the company. Such action shall be as effective and rapid as possible, while complying with the principle of proportionality and the right to be heard.
Amendment 807 #
2023/0085(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
Article 25 – paragraph 1 – subparagraph 2
They shall apply those measures from [OP please insert the date = 2436 months after the date of entry into force of this Directive] to all products, information material and packaging material placed on the market after that date.
Amendment 818 #
2023/0085(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2 a (new)
Article 25 – paragraph 1 – subparagraph 2 a (new)
Products with environmental claims or environmental labels made or displayed before the Directive came into force may continue to be marketed until the claim or label concerned is verified.
Amendment 204 #
2023/0077(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Strengthening the energy internal market and achieving the climate and energy transition objectives require a substantial upgrade of the EU’s electricity network to be able to host substantial increases of renewable capacity, variability on generation amounts, changing electricity flow patterns across Europe and new demand such as electric vehicles and heat pumps. Investments in grids are crucial to the well-functioning of the internal market, to the integration of renewable energy, to support security of supply and to effectively connect energy supply and demand in a context where those locate further apart, and the deliverance and EU climate and energy targets require efficient resource use within and across borders. Already by 2030, the EU requires EUR 584 billion investments to cover the needs in electricity grids alone, both transmission and distribution. The challenge is particularly notable at distribution level, given the growing amount of renewable generation capacity connected to distribution grids, which will connect most new renewable projects, and the developments towards the electrification and smartening of energy demand. A failure to expand, upgrade and smarten the distribution grids accordingly could put at risk delivering on the EU’s renewable targets, delaying the connection to the network of new renewable capacities; could hamper the possibility for consumers to become active players of the energy transition; and ultimately delay the completion of the internal energy market.
Amendment 206 #
2023/0077(COD)
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6b) An inter-connected European electricity network is essential for European security of supply and competitiveness, as well as for better achieving the decarbonisation targets to which the Union has committed to facilitate affordable, safe and sustainable energy. Therefore, any reform of the EU’s electricity market should be an evaluation and contribution towards a more integrated European electricity network. It is particularly important to make sure that each country has in place electricity cables that allow at least 15% of the electricity produced on its territory to be transported across its borders to neighbouring countries. This is particularly important for Iberian Peninsula and for other European regions which need to extend their grid interconnections, but whose progresses are still slow and challenged by several aspects. To this end, the Union and Member States should cooperate in view of removing barriers, facilitate financing and accelerating all procedures to ensure that the minimum 15% electricity interconnection target set out in Article 4, point (d)(1), of Regulation (EU) 2018/1999 is met.
Amendment 207 #
2023/0077(COD)
Proposal for a regulation
Recital 6 c (new)
Recital 6 c (new)
(6c) The increase and prioritization of Union funding for energy infrastructure should be a core element of the upcoming MFF mid-term review, where options for boosting and aligning relevant instruments, including the energy envelope of the Connection Europe Facility, should be a matter of priority. In this regard, special attention should be put on making ample room for financing of infrastructure projects that have wider EU benefits.
Amendment 208 #
2023/0077(COD)
Proposal for a regulation
Recital 6 d (new)
Recital 6 d (new)
(6d) Building and upgrading the Union’s electricity network and connectivity infrastructure, such as the projects of common European interest (PCIs) as established by the framework concerning the Trans-European Networks for Energy, including through submarine cables, can contribute to connect remote areas and islands, thus providing adequate connectivity to all EU citizens. An appropriate investment in revitalising isolated territories, such as islands and rural areas, can bring major opportunities to citizens and enterprises to participate in the energy transition and the digital transformation of the Union. Special consideration should be made to the European outermost regions, in accordance with Article 349 of the Treaty on the Functioning of the Union, which recognises their specific constraints and provides for the adoption of specific measures in their regard.
Amendment 209 #
2023/0077(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The current electricity market design has also helped the emergence of new and innovative products, services and measures on retail electricity markets, supporting energy efficiency and renewable energy uptake and enhancing choice so as to help consumers reduce their energy bills also through small-scale generation installations and emerging services for providing demand response. Building on and seizing the potential of the digitalisation of the energy system, such as active participation by consumers, should be a key element of our future electricity markets and systems. At the same time, there is a need to respect consumer choices and allow consumers to benefit from a variety of contract offers. Energy system integration should be intended as the planning and operation of the energy system as a whole, across multiple energy carriers, infrastructures, and consumption sectors, by creating stronger links between them and utilising multi- fuel, multi-generation, including cogeneration or trigeneration, hybrid solutions, as well as all types of storage, aggregation and controls, in synergy with each other and supported by digitalisation with the objective of delivering affordable, reliable and resource-efficient energy services, at the least possible cost for society.
Amendment 215 #
2023/0077(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The changes to the electricity market design should ensure that the benefits from rising renewable power deployment, and the energy transition as a whole, are brought to consumers, including the most vulnerable ones, and ultimately, shield them from energy crises and avoid more households falling into energy poverty trap. These should mitigate the impact of high fossiler energy system costs, including fossil and renewable fuel prices, notably that of gas, on electricity prices, aiming to allow households and companies to reap the benefits of affordable and secure energy from sustainable renewable and low carbon sources in the longer term, as well as the role of energy efficient solutions in reducing overall energy costs, which may reduce the need for power grid and generation capacity expansion.
Amendment 217 #
2023/0077(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The reform of the electricity market design should benefit not just household consumers but also the competitiveness of the Union’s industries by facilitating their possibilities to make the clean tech investments they require to meet their net zero transition paths. The energy transition in the Union needs to be supported by a strong clean technology manufacturing basis. These reforms will support the affordableindustry to secure their access to affordable and continuous supply of clean power and heat, including via renewable and smart electrification, of industryn-site renewables and high efficiency cogeneration uptake, and the Union’s position as a global leader in terms of research and innovation in clean energy technologies.
Amendment 222 #
2023/0077(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) It is therefore important for the intraday markets to adapt to the participation of variable renewable energy technologies such as solar and wind as well as to the participation of demand side response and storage. The liquidity of the intraday markets should be improved with the sharing of the order books between market operators within a bidding zone, also when the cross-zonal capacities are set to zero or after the gate closure time of the intraday market. Furthermore, it is essential to properly assess the possibility to shorten the gate closure time of the intraday market should be seand set it closer to the time of delivery to, in view of maximizeing the opportunities for market participants to trade shortages and surplus of electricity and contribute to better integrating variable renewables in the electricity system. The impact on several dimensions, such as transmission system operators' operation, costs- efficiency, integration of renewable energies, system security, CO2 emissions, should be carefully assessed, in consultation with market operators, market participants and all relevant entities. On the basis of the assessment, the Commission should propose an amendment to the Commission Regulation EU 2015/1222 on Capacity Allocation and Congestion Management.
Amendment 227 #
2023/0077(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 232 #
2023/0077(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In order to be able to actively participate in the electricity markets and to provide their flexibility, consumers are progressively equipped with smart metering systems. However, in a number of Member States the roll-out of smart metering systems is still slow and it is imperative to make sure that Member States improve the conditions for the installation of smart metring systems, with the objective of reaching a full coverage as soon as possible. In those instances where smart metering systems are not yet installed and in instances where smart metering systems do not provide for the sufficient level of data granularity, transmission and distribution system operators should be able to use data from dedicated metering devices for the observability and settlement of flexibility services such as demand response and energy storage. Enabling the use of data from dedicated metering devices for observability and settlement should facilitate the active participation of the consumers in the market and the development of their demand response. The use of data from these dedicated metering devices should be accompanied by quality requirements relating to the data.
Amendment 239 #
2023/0077(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Consumers and suppliers need effective and efficient forward markets to cover their long-term price exposure and decrease the dependence on short-term prices. To ensure that energy customers all over the EU can fully benefit from the advantages of integrated electricity markets and competition across the Union, the functioning of the Union’s electricity forward market should be improved via the establishment of regional virtual hubs with a viewassessment and implementation of possible feasible measures in a reasonable period within the current market set-up, with the aim to overcome the existing market fragmentation and the low liquidity experienced in many bidding zones. Regional virtual hubs should cover multiple bidding zones while ensuring an adequate price correlation. Some bidding zones may not be covered by a virtual hub in terms of contributing to the hub reference price. However, market participants from these bidding zones should still be able to hedge through a hubThese improvements could for instance be more frequent auctions or other maturities to be considered and would require a proper assessment.
Amendment 241 #
2023/0077(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 249 #
2023/0077(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) To enhance the possibilities of market participants for hedging, the role of the single allocation platform established in accordance with Commission Regulation (EU) 2016/1719 should be expanded. Financial transmission rights should be issued by TSOs and allocated through the single allocation platform. The single allocation platform should offer trading of financial long-term transmission rights between the different bidding zones and the regional virtual hubs. The orders submitted by market participants for financial transmission rights shall be matched by a simultaneous allocation of long term cross zonal capacity. Such matching and allocation should be performed on a regularin accordance with Commission Regulation 2016/1719 and on a regular and more frequent basis, to ensure enough liquidity and, hence, efficient hedging possibilities to market participants. The long-term transmission rights should be issued with frequdifferent maturities (ranging from month ahead to at least three years ahead), in order to be aligned with the typical hedging time horizon of market participants. The single allocation platform should be subject to monitoring and enforcement to ensure that it performs its tasks properly.
Amendment 251 #
2023/0077(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Network tariffs should incentivise transmission and distribution system operators to use flexibility services through further developing innovative solutions to optimise the existing grid and to procure flexibility services, in particular demand response or storage. For this purpose, network tariffs should be designed so as to take into account the operational and capital expenditures of system operators or an efficient combination of both so that they can operate the electricity system cost-efficiently. Furthermore, they should be designed to provide the right incentives to system operators by combining a timely recognition of traditional investments in physical networks and adequate returns, with a flexible reflection of operational cost. Any obstacle in national regulation to the necessary efficient investments must be abolished. This would further contribute to integrating renewables at the least cost for the electricity system and enable final customers to value their flexibility solutions.
Amendment 258 #
2023/0077(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Offshore renewable energy sources, such as offshore wind, ocean energy and floating photovoltaic, will play an instrumental role in building a power system largely based on renewables and in ensuring climate neutrality by 2050. There are, however, substantial obstacles to their wider and efficient deployment preventing the massive scale up needed to achieve those objectives. Similar obstacles could arise for other offshore technologies in the future. These obstacles include investment risks associated with the unique topographical situation of offshore hybrid projects connected to more than one market. In order to reduce investment risk for these offshore project developers and t, instruments such as power purchase agreements or contracts for differences may be issued. To ensure that the projects in an offshore bidding zone have full market access to the surrounding markets, transmission system operators should guarantee access of the offshore project to the capacity of the respective hybrid interconnector for all market time units. If the available transmission capacities are reduced to the extent that the full amount of electricity generation that the offshore project would have otherwise been able to export cannot be delivered to the market, and subject to a coordinated decision of the Member States concerned, the transmission system operator or operators responsible for the need to limit the capacity should, in future, be enabled to compensate the offshore project operator commensurately using congestion income. This compensation should only be related to the production capability available to the market, which may be weather dependent and excludes the outage and maintenance operations of the offshore project. If the available transmission capacities are reduced to the extent that the full amount of electricity generation that the offshore project would have otherwise been able to export cannot be delivered to the market, the offshore generator should be compensated for the commensurate revenue loss. To that end the transmission system operator or operators responsible for the need to limit the capacity shall, in future, be enabled to contribute to the compensation of the offshore project operator commensurately using congestion income which is earned additionally on the interconnector due to the capacity restriction. The details, including the conditions under which the measure may expire, are intended to be defined in an implementing Regulation.
Amendment 276 #
2023/0077(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Where Member States decide to support publicly financed new investments (“direct price support schemes”) in low carbon, non-fossil fuel electricity generation to achieve the Union’s decarbonisation objectives, those schemes should be structured by way of two-way contracts for difference such as to include, in addition to a revor equivalent mechanisms achieving the same goals. Such two-way contracts for differenuce guarantee, an upward limitation of the market revenues of the generation assets concernedshall be allocated through a voluntary, competitive, open, transparent, non- discriminatory and cost-effective procedure, in accordance with State Aid Rules, preventing undue distortions to the efficient functioning of the electricity markets. New investments for the generation of electricity should include investments in new power generating facilities, and may also include investments aimed at repowering existing power- generating facilities, investments aime and at extending existing power -generating facilities or at prolongif the increase of power generation capacity is substantial. Market participants should be free to take part ing their lifetime tendering procedures for two-way contracts for differences or other similar arrangements.
Amendment 286 #
2023/0077(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In view of the need to provide regulatory certainty of producers, the obligation for Member States to apply direct price support schemes for the production of electricity in the form of two-way contracts for difference should apply only to those new investments for the generation of electricity from the sources specified in the recital abovewhose contracts are concluded as of one year after the date of entry into force of this Regulation.
Amendment 296 #
2023/0077(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The accelerated deployment of renewables necessitates a growing availability of flexibility solutions to ensure their integration to the grid and to enable the electricity system and grid to adjust to the variability of electricity generation and consumption across different time horizons. Regulatory authorities should periodically assess the need for flexibility in the electricity system based on the input of transmission and distribution system operators. The assessment of the flexibility needs of the electricity system should take into account all existing and planned investments (including existing assets that are not yet connected to the grid) on sources of flexibility such as flexible electricity generation, interconnectors, demand side response, energy storage or the production of renewable fuels, in view of the need to decarbonise the energy system. On this basis, Member States should define a national objective for non-fossil flexibility such as demand side response and storageenergy storage, including vehicle-to-grid technologies, which should also be reflected in their integrated national energy and climate plans.
Amendment 301 #
2023/0077(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) To achieve the national objective for non-fossil flexibility such as demand side response and energy storage investment needs, Member States can design or redesign capacity mechanisms in order to create a green and flexible capacity mechanism. Member States that apply a capacity mechanism in line with the existing rules should promote the participation of non-fossil flexibility such as demand side response and energy storage by introducing additional criteria or features in the design. In addition, if Member States do not apply a capacity mechanism or if the additional criteria or features in the design of their capacity mechanism are insufficient to achieve national objective for demand response and energy storage investment needs they could apply flexibility support schemes consisting of payments for the available capacity of flexibility such as demand response and energy storage. The use of fossil-based flexibility shall be considered only if it does not use unabated fossil fuels.
Amendment 313 #
2023/0077(COD)
Proposal for a regulation
Recital 40
Recital 40
Amendment 334 #
2023/0077(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) When suppliers’ do not ensure that their electricity portfolio is sufficiently hedged changes in wholesale electricity prices can leave them financially at risk and, result in their failure, passing on costs to consumers and other network users. Hence, it should be ensured that Member States perform regular stress test to assess whether suppliers are appropriately hedged when offering fixed price contracts. AIn case hedging opportunities are insufficient, an appropriate hedging strategy should be encouraged and take into account the suppliers' access to its own generation and its capitalisation as well as its exposure to changes in wholesale market prices.
Amendment 352 #
2023/0077(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Public interventions in price setting for the supply of electricity constitute, in principle, a market-distortive measure. Such interventions may therefore only be carried out as public service obligations and are subject to specific conditions. Under this Directive regulated prices are possible for energy poor and vulnerable households, including below costs, and, as a transition measure, for households and micro-enterprises. In times of crisis, when wholesale and retail electricity prices increase significantly, and this is having a negative impact on the wider economy, Member States should be allowed to extend, temporarily, the application of regulated prices also to SMEs. For both households and SMEs, Member States should be temporarily allowed to set regulated prices below costs as long as this does not create distortion between suppliers and suppliers are compensated for the costs of supplying below cost. However, it needs to be ensured that such price regulation is targeted and does not create incentives to increase consumption. Hence, such price regulation should be 100% for vulnerable households, while should be limited to 80% of median household consumption for the other households, and 70% of the previous year’s consumption for SMEs. The Commission should determine when such an electricity price crisis exists and consequently when this possibility becomes applicable. The Commission should also specify the validity of that determination, during which the temporary extension of regulated prices applies, which may be for up to one year. To the extent that any of the measures envisaged by the present Regulation constitute State aid, the provisions concerning such measures are without prejudice to the application of Articles 107 and 108 TFEU. Member States should refrain from implementing uncoordinated extraordinary measures, such as an inframarginal revenue cap, which already demonstrated their inefficiency in the past, especially because it has led to diverse and contrasting implementation across Member States, increasing investors’ uncertainty and jeopardising investments in renewables, and ultimately threatening security of supply and Union decarbonisation targets.
Amendment 367 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EU) 2019/943
Article 1, paragraph b a (new)
Article 1, paragraph b a (new)
(ba) consider the electricity sector as part of integrated energy systems planning and operation of the energy system as a whole, across multiple energy carriers, infrastructures, and consumption sectors, by creating stronger links between them with the objective of delivering affordable, reliable and resource-efficient energy services, at the least possible cost for society
Amendment 383 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 72
Article 2 – point 72
(72) ‘peak hour’ means an hour with the highest electricity consumption combined with a low level of electricity generated from renewable energy sources, taking cross-zonal exchanges into account;
Amendment 394 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 74
Article 2 – point 74
(74) ‘'peak shaving products’ means all market-based products through which market participants can provide peak shaving to the transmission system operatoractions;
Amendment 396 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 Regulation (EU) 2019/943
Article 1 – paragraph 1 – point 2 Regulation (EU) 2019/943
Amendment 398 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 76
Article 2 – point 76
(76) ‘two-way contract for difference’ means a contract signed between a power generating facility operator and a counterpart, usually a public entity, that provides both minimum remuneration protection and a limit to excess remuneration; the contract is designed to preserve incentives for the generating facility to operate and participate efficiently in the electricity markets and complies with the principles set out in Article 4(2) and Article 4(3), first and third subparagraphs, of Directive (EU) 2018/2001;
Amendment 403 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 77
Article 2 – point 77
(77) ‘power purchase agreement’ or ‘PPA’ means a contract under which a natural or legal person agrees to purchase electricity from an electricity producer on a market basicommercial terms;
Amendment 406 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 78
Article 2 – point 78
Amendment 412 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 79
Article 2 – point 79
(79) ‘dedicated metering device’ means a device attachedrelating to or embedded in an asset that sells demand response or flexibility services on the electricity market or to transmission and distribution system operators;
Amendment 417 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 80a (new)
Article 2 – point 80a (new)
(80a) ‘intraday market operator' means any NEMO, power exchange or other entity which collects bids and offers for intraday products, or products with essentially the same characteristics as intraday products, from market participants before or after the intraday cross-zonal gate closure time.
Amendment 432 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EU) 2019/943
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Transmission system operators and NEMOs, or an entity designated by them, shall jointly organise the management of the integrated day-ahead and intraday markets in accordance with Regulation (EU) 2015/1222. Transmission system operators and NEMOs shall cooperate at Union level or, where more appropriate, at a regional level in order to maximise the efficiency and effectiveness of Union electricity day-ahead and intraday trading. The obligation to cooperate shall be without prejudice to the application of Union competition law. In their functions relating to electricity trading, transmission system operators and NEMOs shall be subject to regulatory oversight by the regulatory authorities pursuant to Article 59 of Directive (EU) 2019/944 and ACER pursuant to Articles 4 and 8 of Regulation (EU) 2019/942.
Amendment 442 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a
Article 7a
Amendment 449 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a, paragraph 1
Article 7a, paragraph 1
1. Without prejudice to Article 40(5) and 40(6) of the Electricity Directive, transmissionBy 31 December 2024, the Commission, in cooperation with ENTSO for Electricity, the EU DSO Entity and ACER, shall perform an assessment about the possibility for system operators mayto procure peak shaving products in order to achieve a reduction of electricity demand during peak hours, analysing at least, but not limited to, that their activation does not negatively affect the functioning of the electricity market, and in particular the intraday and balancing markets and over-the-counter trading. The assessment shall take into consideration specific national developments at and consider the possibility of procuring these products under normal circumstances and during an electricity price crisis situation, declared in accordance with Article 66a.
Amendment 456 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a, paragraph 2
Article 7a, paragraph 2
Amendment 486 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a, paragraph 3
Article 7a, paragraph 3
Amendment 493 #
2023/0077(COD)
Amendment 502 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7b, paragraph 1
Article 7b, paragraph 1
1. “Member States shall allow tTransmission system operators and, distribution system operators to, customers and market participants, including independent aggregators, may use data from dedicated metering devices for the observability and settlement of demand response and flexibility services, including from storage systems. The use of those data for research purposes should be allowed.
Amendment 511 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7b, paragraph 2
Article 7b, paragraph 2
2. Member States shall establish requirements for a dedicated metering device data validation process to check and ensure the quality and consistency of the respective data. The requirements shall be aligned with the framework on metering device data in the Network Code for demand response and flexibility and with Directive 2014/32/EU.;
Amendment 516 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 Regulation (EU) 2019/943
Article 1 – paragraph 1 – point 4 Regulation (EU) 2019/943
2a. Where flexibility interventions are planned through the usage of such dedicated metering devices, system operators shall be informed to ensure system stability.
Amendment 518 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7b, paragraph 2b new
Article 7b, paragraph 2b new
Amendment 522 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EU) 2019/943
Article 8, paragraph 1
Article 8, paragraph 1
NEMOs shall allow market participants to trade energy as close to real time as possible and at least up to the intraday cross-zonal gate closure time. By 1 January 2028, the intraday cross-zonal gate closure time shall be at the earliest 30 minutes ahead of real time. Within 24 months of the entry into force of this Regulation, all TSOs shall, in cooperation with national regulatory authorities and in consultation with market participants, ACER and NEMOs, undertake an assessment and cost-benefit analysis on the feasibility of an intraday cross-zonal gate closure time set at less than one hour ahead of real time, and shall draw up a report. The assessment shall consider the impacts on the national system security, the cost-efficiency, the benefits to the integration of renewable energies and to the reduction of CO2 emissions.
Amendment 530 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EU) 2019/943
Article 8, paragraph 1a new
Article 8, paragraph 1a new
Within 6 months from the date of the report under paragraph 1, on the basis of the performed assessment and in coordination with all TSOs, ACER may take a decision to shorten the cross-zonal gate closure time, in accordance with Article 6(1) of Regulation 2019/942. Following this decision, the Commission may propose an amendment to the methodology derived from Article 59 of the Commission Regulation 2015/1222.
Amendment 531 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
During the day-ahead and intraday market timeframe, each NEMOs shall submit all orders for day-ahead and intraday products received from market participants to single dayahead and intraday coupling and shall not organise themselves, or through an entity affiliated or associated with them, the trading with day-ahead and intraday products, or products with similar characteristics, outside the single dayahead and intraday coupling.
Amendment 538 #
2023/0077(COD)
By 1 December 2024, the ENTSO for Electricity shall submit to ACER a report about the possible implementation of practical solutions addressing market participants’ hedging needs. The report shall assess at least, but not limited to, the frequency of the auctions, the maturities of the products, the development of secondary markets, the obligations concerning financial transmission rights, the process on cost-recovery to handle any financial risks and potential losses, the timeline for implementation, the appropriateness of regional coordination and decision-making for alternative measures, including the possible establishment of regional virtual hubs.
Amendment 546 #
2023/0077(COD)
1. By 1 December 2024 the ENTSO for Electricity shall submit to ACER, after having consulted ESMA, a proposal for the establishment of regional virtual hubs for the forward market. The proposal shallWithin 24 months after [the entry into force of this Regulation] the Commission shall perform a study about the possible establishment of regional virtual hubs for the forward markets, and shall present it to European Parliament and Council, and where appropriate revise the Commission Regulation (EU) 2016/1719 in accordance with Article 59, that establishes the design referred to in paragraph 1. This study shall in particular assess:
Amendment 550 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 1, point a
Article 9, paragraph 1, point a
(a) define the geographical scope of the regional virtual hubs for the forward market, including the bidding zones constituting these hubs, and specific situations of bidding zones belonging to more than one virtual hub, aiming to maximise the price correlation between the reference prices and the prices of the bidding zones constituting regional virtual hubs;
Amendment 551 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 1, point aa new
Article 9, paragraph 1, point aa new
(aa) the impact of regional virtual hubs on the forward markets, the transmission system operators, the market participants and end-consumers and the potential benefits and drawbacks that regional virtual hubs would bring compared to the existing zonal model;
Amendment 553 #
2023/0077(COD)
(b) include a methodology for the calculation of the reference prices for the regional virtual hubs for the forward market, and the underlying methodology, aiming to maximise the correlations between the reference price and the prices of the bidding zones constituting a regional virtual hub; such methodology shall be applicable to all virtual hubs and based on predefined objective criteria ;
Amendment 556 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 1, point c
Article 9, paragraph 1, point c
(c) include a definition of financial long-term transmission rights from bidding zones to the regional virtual hubs for the forward market and the need to offer trading of long-term transmission rights between each bidding zone and the regional virtual hub;
Amendment 557 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 Regulation (EU) 2019/943
Article 1 – paragraph 1 – point 6 Regulation (EU) 2019/943
(d) the maximiseation of the trading opportunities for hedging products referencing the virtual hubs for the forward market as well as for long term transmission rights from bidding zones to regional virtual hubs .
Amendment 562 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 2
Article 9, paragraph 2
Amendment 571 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 3
Article 9, paragraph 3
3. The entity operating the single allocation platform established in accordance with Regulation (EU) 2016/1719 shall have a legal form as referred to in Annex II to Directive (EU) 2017/1132 of the European Parliament and of the Council.
Amendment 574 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 4
Article 9, paragraph 4
4. The single allocation platform shall: , on behalf of the transmission system operators, shall issue long-term transmission rights or have equivalent measures in place to allow for market participants to hedge price risks across bidding zone borders, unless an assessment of the forward market on the bidding zone borders performed by the competent regulatory authorities shows that there are sufficient hedging opportunities in the concerned bidding zones. Long-term transmission rights shall be allocated on a regular basis, in a transparent, market based and non- discriminatory manner and shall have a range of maturities of up to at least three years ahead. The frequency of allocation of the long-term cross-zonal capacity shall support the efficient functioning of the forward market. All TSOs should develop an approach that is aiming to increase the volume of cross-zonal capacities in forward markets and liquidity.
Amendment 582 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/943
Article 9, paragraph 5
Article 9, paragraph 5
5. Where a regulatory authoritythe study referred to in paragraph -1a considers that there are insufficient hedging opportunities available for market participants, and after consultation of relevant financial market competent authorities in case the forward markets concern financial instruments as defined under Article 4(1)(15), itnational regulatory authorities may require power exchanges or transmission system operators to implement market-based tendering processes for the establishment of additional measures, such as market- making activities, to improve the liquidity of the forward market. Subject to compliance with Union competition law and with Directive (EU) 2014/65 and Regulations (EU) 648/2012 and 600/2014, market operators shall be free to develop forward hedging products, including long- term forward hedging products, to provide market participants, including owners of power-generating facilities using renewable energy sources, with appropriate possibilities for hedging financial risks against price fluctuations. Member States shall not require that such hedging activity may be limited to trades within a Member State or bidding zone.
Amendment 593 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Regulation (EU) 2019/943
Article 18, paragraph 2
Article 18, paragraph 2
2. Tariff methodologies shall reflect the fixed costs of transmission system operators and distribution system operators and shall consider both capital and operational expenditure to provide appropriate incentives to transmission system operators and distribution system operators over both the short and long run, including anticipatory investments, in order to increasevest in network infrastructure reinforcement to facilitate the energy transition and in the additional physical and digital network elements needed to reach the objectives set out in the national energy and climate plans, while at the same time increase overall system efficiencies, including energy efficiency, to foster market integration and security of supply, to support the use of flexibility services, efficient investments, including solutions to optimise the existing grid and facilitate flexibility services and demand response and related research activities, and to facilitate innovation in the interest of consumers in areas such as digitalisation, flexibility services and interconnection;.
Amendment 598 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU) 2019/943
Article 18, paragraph 8
Article 18, paragraph 8
8. Transmission and distribution tariff methodologies shall provide incentives to transmission and distribution system operators for the most cost-efficient operation and development of their networks including through the procurement of services. For that purpose, regulatory authorities shall recognise relevant costs as eligible, shall include those costs in transmission and distribution tariffs, and shallwhere applicable, may introduce performance targets in order to provide incentives to transmission and distribution system operators to increase efficienciesoverall system efficiency, quality and security of supply in their networks, including through energy efficiency, the use of flexibility and demand response services and the development of smart grids and intelligent metering systems. , in accordance with the features of the given electricity system and climate policy objectives
Amendment 602 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point d
Article 1 – paragraph 1 – point 7 – point d
Regulation (EU) 2019/943
Article 18, paragraph 9, point i
Article 18, paragraph 9, point i
(i) incentives for efficient investments in networks, including on flexibilityle resources and flexible connection agreements.
Amendment 611 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point b
Article 1 – paragraph 1 – point 8 – point b
Regulation (EU) 2019/943
Article 19, paragraph 2, point c
Article 19, paragraph 2, point c
(c) compensating offshore generation plant operators in an offshore bidding zone if access to interconnected markets has been reduced in such a way that one or more transmission system operators have not madefollowing a coordinated decision taken by the Member States involved, on the implementation of offshore bidding zones and on the design of the support mechanism, contributing to the compensation to offshore renewable generators in an offshore bidding zone in the event of not enough capacity available on the interconnector or thein critical network elements affecting the capacity of the interconnector, resulting in the offshore plant operator not being able to export its electricity generation capability to the market. leading to the simultaneous loss of revenue of the offshore renewable generator and a higher revenue on the interconnector. Only the higher interconnector revenue shall be used for the compensation of offshore renewable generators. On an annual basis, this compensation shall not exceed the total congestion income generated on interconnectors between the concerned offshore bidding zone and neighbouring bidding zones. By 31 December 2024, the Commission shall amend Commission Regulation (EU) 2015/1222 in accordance with Article 59 as regards the implementation details of this compensation, including the conditions under which the measure may expire.
Amendment 621 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19a, paragraph 1
Article 19a, paragraph 1
1. Member States shall facilitate power purchase agreements (‘PPAs’)lift all unjustified barriers to the conclusion of power purchase agreements (‘PPAs’), including for the retail market (e.g. households, renewable energy communities, SMEs), with a view to reaching the objectives set out in their integrated national energy and climate plan with respect to the dimension decarbonisation referred to in point (a) of Article 4 of Regulation (EU) 2018/1999, while preserving competitive and liquid electricity markets. In order to ensure the removal of barriers to PPAs, the Commission may draw up specific guidance on how to alleviate administrative obligations and accounting complexities related to PPAs.
Amendment 630 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19a, paragraph 1a new
Article 19a, paragraph 1a new
1a. To facilitate the conclusion of PPAs, Member States shall ensure that all possibilities offered under Article 19 of Directive EU 2018/2001 regarding guarantees of origin are used. It shall be ensured that guarantees of origin are issued to all producers of energy from renewable sources, even those that receive financial support from a Member State support scheme, to enable renewable power to be tracked and traded across borders and to remove this existing barrier to long term PPAs.
Amendment 638 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19a, paragraph 2
Article 19a, paragraph 2
2. Member States shall ensure that instruments such as guarantee schemes at market prices,, in a coordinated way and where appropriate with the support of the European Investment Bank (‘EIB’), may put in place instruments to reduce the financial risks associated to off- taker payment default in the framework of PPAs are in place andnd make them accessible to customers that face entry barriers to the PPA market and are not in financial difficulty in line with Articles 107 and 108 TFEU. Such instruments may include guarantee schemes at market prices. For this purpose, Member States shall take into account Union-level instruments and tools such as standardised template contracts, to be developed jointly with the EIB. Member States shall determine what categories of customers are targeted by these instruments, applying non- discriminatory criteria, and considering at least, but not limited to, SMEs, households, including via aggregators, renewable energy communities and suppliers with no generation assets. As the market evolves and the PPA uptake increases, the use of instruments such as guarantee schemes at market prices shall be reassessed.
Amendment 887 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 c – paragraph 7 b (new)
Article 19 c – paragraph 7 b (new)
7b. By 1 December 2024, ACER, in consultation with ENTSO for electricity and EU DSO Entity, shall identify the system data requirements that will support the amount of demand response identified by the flexibility needs assessments. Such system data requirements shall include a timetable for the digitalisation of the power network.
Amendment 889 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 d – Title
Article 19 d – Title
Amendment 897 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 d – paragraph 1
Article 19 d – paragraph 1
Based on the report of the regulatory authority pursuant to Article 19c(1), each Member State shall define an indicative national objective for demand side response and storageapply concrete measures to reduce barriers for the participation of flexibility such as demand response and energy storage in the market. In addition, each Member State may define an indicative national objective for flexibility, including separate roadmaps for demand response and energy storage, taking into account ACER’s recommendations referred to in Article 19c(7). This indicative national objective shall also be reflected in Member States’ integrated national energy and climate plans as regards the dimension ‘Internal Energy Market’ in accordance with Articles 3, 4 and 7 of Regulation (EU) 2018/1999 and in their integrated biennial progress reports in accordance with Article 17 of Regulation (EU) 2018/1999, as well as in the European resource adequacy assessments in accordance with Article 23 (3) of Regulation (EU) 2019/943, and compatibility of methodology with the TYNDP and the DSOs network development plans shall be ensured.
Amendment 916 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Art. 1– paragraph 1 – point 9
Article 19 e – Regulation (EU) 2019/943
Article 19 e – Regulation (EU) 2019/943
1. Member States which apply a capacity mechanism in accordance with Article 21According to the assessment of needs referred to in Article 19c, Member States shall consider the promotion of the participation of non-fossil flexibility such as demand side response and storage by introducing additional criteria or features in the design of the capacity mechanismadopting flexibility support schemes consisting of payments for the available capacity of non-fossil flexibility such as demand side response and storage.
Amendment 929 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Article 19 e – Regulation (EU) 2019/943
Amendment 949 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Article 19 e – Regulation (EU) 2019/943
3. Member States which do not apply a capacity mechanism may apply flexibility support schemes consisting of payments for the available capacity of non-fossil flexibility such as demand side response and storagshould remove any potential barrier to the participation of flexibility resources such as storage and demand response.
Amendment 965 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f – paragraph 1
Article 19 f – paragraph 1
Flexibility support scheme for non-fossil flexibility such as demand response and energy storage applied by Member States in accordance with Article 19e(2) and (3) shall:
Amendment 975 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f – paragraph 1 – point b
Article 19 f – paragraph 1 – point b
(b) be limited to new investments in non-fossil flexibility not using unabated fossil fuels such as demand side response and energy storage;
Amendment 996 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f – paragraph 1 – point i
Article 19 f – paragraph 1 – point i
(i) where technically feasible, be open to cross-border participation.’;
Amendment 1012 #
2023/0077(COD)
Transmission system operators shall publish in a clear and transparent manner, information on the capacity available for new connections in their respective areas of operation, including the detailed criteria used to calculate such available capacity such as curtailment assumptions, topological and electrical characteristics of the grid, demand, generation and in congested areas if flexible energy storage connections can be accommodated, and update that information regularly, at least quarterly.
Amendment 1025 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) 2019/943
Article 59 – paragraph 1 – point b
Article 59 – paragraph 1 – point b
(b) , capacity-allocation and congestion- management rules pursuant to Article 6 of Directive (EU) 2019/944 and Articles 7 to 10, 13 to 17, 19 and 35 to 37 of this Regulation, including rules on day- ahead, intraday and forward capacity calculation methodologies and processes, grid models, bidding zone configuration, redispatching and countertrading, trading algorithms, single day-ahead and intraday coupling including the possibility of being operated by a single entity, the firmness of allocated cross-zonal capacity, congestion income distribution, the allocation of financial long-term transmission rights by the single allocation platform, cross-zonal transmission risk hedging, nomination procedures, and capacity allocation and congestion management cost recovery;;
Amendment 1049 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
Directive (EU) 2019/944
Article 2 – point 49
Article 2 – point 49
(49) 'non-frequency ancillary service' means a service used by a transmission system operator or distribution system operator for steady state voltage control, fast reactive current injections, inertia for local grid stability, short-circuit current, black start capability, island operation capability and peak shaving;”
Amendment 1078 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Directive (EU) 2019/944
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shall ensure that all customers are free to purchase electricity from the supplier of their choice. Member States shall ensure that all customers are free to have more than one electricity supply contract or an energy sharing agreement at the same time, and that for this purpose customers are entitled to have more than one metering and billing point covered by the single connection point for their premises.
Amendment 1095 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Art. 2 – paragraph 1 – point 3
Article 11b(1) – Regulation (EU) 2019/943
Article 11b(1) – Regulation (EU) 2019/943
1. Member States shall ensure that the national regulatory frameworkand financial frameworks, including an efficient application of Article 12 of the (EU) Directive (2019/944), enables suppliers to offer fixed-term, fixed-price contracts and dynamic electricity price contracts. Member States shall ensure that final customers who have a smart meter installed can, under functioning market conditions, request to conclude a dynamic electricity price contract and that all final customers can request to conclude a fixed- term, fixed-price electricity price contract of a duration of at least one year, with at least one supplier and with every supplier that has more than 200 000 final customers.
Amendment 1097 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Directive (EU) 2019/944
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. All final customers can request to conclude a fixed-term, fixed-price electricity price contract of a duration of at least one year, with at least one supplier and with every supplier that has more than 200 000 final customers.
Amendment 1098 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Directive (EU) 2019/944
Article 11 – paragraph 1 b (new)
Article 11 – paragraph 1 b (new)
1b. The development of fixed-term, fixed-price contracts should not exclude or otherwise undermine the possibility of consumers to participate in demand response and energy sharing and actively contribute to the achievement of the national system flexibility needs.
Amendment 1119 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive (EU) 2019/944
Article 15 a – paragraph 1
Article 15 a – paragraph 1
1. All households, small and medium sized enterprises and public bodiecustomers have the right to participate in energy sharing as active customers.
Amendment 122 #
2022/2182(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Highlights the need to diversify young farmers’ income with the opportunities offered by multifunctionality and direct sales;
Amendment 231 #
2022/2182(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Member States to launch a survey of public land suitable for cultivation, with allocation priority given to young farmers;
Amendment 25 #
2022/2058(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the fundamental qualities of the standardisation system remain relevant and effective for the proper functioning of the internal market; recalls that standards are a voluntary, market- driven tool providing technical requirements and guidance, the use of which facilitates the compliance of goods and services with European legislation and supports the development of European policies in an accountable, transparent and inclusive way; stresses, however, that standards cannot be seen as EU law, since legislation and policies regarding the level of consumer, health, safety, environmental and data protection, and the level of social inclusion, are determined by the legislator;
Amendment 30 #
2022/2058(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses, that consumer, health, safety, environmental and data protection should be pursued by standards but these cannot be seen as EU law, since legislation is determined by the legislator;
Amendment 32 #
2022/2058(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
Amendment 47 #
2022/2058(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. NotWelcomes the intention to involve Parliament and the Council in an annual event to prepare priorities for standardisation activities; considers that the importance ofrecalls that standardisation ais a strategic initiative and an operational element offor the internal market necessitatesand considers that deeper and more regular scrutiny by the co- legislators than is possible at an annual eventis desirable;
Amendment 51 #
2022/2058(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the creation of an EU excellence hub on standards and the appointment of a chief standardisation officer (CSO) in the Commission; believes that this position and the hub, as a resource, should lead to greater consistency across the Commission in terms of standardisation requests and the preparation andtimely adoption of standards and legislative provisions with relevance to standardisation, as well as to the consistent application of the New Legislative Framework; considers that the person holding this oversight function should be an important interlocutor for Parliament, enabling the technical scrutiny of the Commission’s standardisation activities;
Amendment 55 #
2022/2058(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 63 #
2022/2058(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes the risk of overlap between the High-Level Forum and the EU excellence hub, together with other expert groups, industry forums and policy-specific groupings, such as the AccessibleEU centre, which Parliament considers could assist the Commission on standardisation matters; encourages the Commission to avoid the duplication of work streams and to seek collaboration between forums where possible so as to make the best use of experts’ limited time, encourage participation and minimise administrative costs;
Amendment 69 #
2022/2058(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. NotWelcomes that the Commission wishes to accelerate the steps involved in developing standards; considers that the timely preparation of standards is necessary for the proper functioning of the internal market, in particular in the case of harmonised standards;
Amendment 75 #
2022/2058(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Considers that EU product legislation should focus on essential health and safety requirements through a technology-neutral approach, leaving the technical details to harmonised EU standards;
Amendment 81 #
2022/2058(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that there may be inherent limits to speeding up the standardisation process, as the preparation of standards, citation of harmonised standards and industry implementation of those standards all add time before market adoption; recognises that it may be easier to accelerate administrative tasks, such as citation in the Official Journal, but that the unduly rushed preparation or deployment of standards creates challenges for all stakeholders, including national authorities; encourages the Commission, in conjunction with improvements to its own internal processes, to continue working with the ESOs on ways of achieving timely delivery, includingwhich should entail an early exchange of information on the contents and the feasibility of standardization requests the Commission is planning and the consideration of the most suitable standardisation deliverable depending on the need;
Amendment 82 #
2022/2058(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Highlights in this context that the work program of the task force between the Commission, the European Free Trade Area and the ESOs titled “A Successful European Standardisation System – Timely European Standards for a Green and Digital Single Market” can increase the efficiency of the standardization process, as it helps address questions of understanding and feasibility at an early stage of the standardization process;
Amendment 85 #
2022/2058(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Believes that the Commission must ensure a smooth functioning of the Harmonized Standards Consultants (HASC) system to enable the timely delivery of harmonized standards and their publication in the Official Journal of the European Union, in particular to avoid a decoupling between harmonized standards and international standards due to delays caused by the HASC system; stresses that the Commission must ensure proper financial planning for HASC consultants and suggests to increase coordination between HASCs and the EU Excellence hub on standardization;
Amendment 92 #
2022/2058(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Recalls that in the past years, the practices in the European standardisation organisations as regards their internal governance and decision-making procedures have changed, with European standardisation organisations increasing their co-operation with international and European stakeholders; however, when European standardisation organisations execute standardisation requests to support Union legislation and policies, it is essential that their internal decisions take into account the interests, policy objectives, and values of the Union, as well as the public interests in general.
Amendment 102 #
2022/2058(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the focus on national- level involvement of wider stakeholders, including SMEs and consumer organization, in standardisation activities; notes that not all organisations listed in Annex III have national counterparts in theall Member States; considers that the Commission may direct funding or technical support to those organisations to ensure participation in national standardisation activities, including not only technical work on standards, but also the preparation of positions vis-à-vis standardisation requests at the European and international levels, thereby reinforcing the inclusivity of the process as a whole;
Amendment 104 #
2022/2058(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Believes that the participation of SME’s at national level should be promoted, as it is on this level that they can be most effective by virtue of lower costs and the absence of language barriers. The standardization framework should encourage SMEs to actively participate and provide innovative technological solutions in standardization activities. National standardization bodies encourage and facilitate SMEs' access to standards by identifying, in the annual work programs, standardization projects of particular interest to SMEs, promoting the granting of access to standardization activities without the obligation of membership of a national standardization body, the granting of facilities for standardization activity and free access to draft standards and extracts of standards, applying special rates for the supply of standards or offering packages of standards at a reduced price.
Amendment 108 #
2022/2058(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recognises the need for a consistent approach towards technical or common specifications, in particular as different legislative processes may give rise to divergent provisions; considers, therefore, that this mechanisms concerned about a disconnect or contradiction of common or technical specifications from existing European or international standards which leads to increased productions costs and administrative burdens for companies operating in the Single Market, in particular for SMEs; considers, that common specifications should only be used in exceptional circumstances, clearly defined in legislation and only while relevant standards do not exist; expresses concern about technical specifications concerning, among other things, respect for fundamental rights, where recourse to implementing acts affects the co-legislators’ powers of scrutiny and the Commission has already issued a standardization request which has been unduly delayed or not been accepted by the responsible ESO;
Amendment 115 #
2022/2058(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Regrets the procedure for adoption of common specifications has not been agreed on a horizontal instruments; acknowledges the agreed procedure in sectorial legislation and considers it should be the standard text and urges the Commission to adhere to such text in upcoming proposals;
Amendment 116 #
2022/2058(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Believes that an evaluation of Regulation (EU) 1025/2012 should assess the possibility of incorporating provision for standard text on common or technical specifications such that upcoming proposals could coherently make reference to it;
Amendment 117 #
2022/2058(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that divergent regulatory outcomes may also affect the standardisation process more generally, owing to differing terminology, the lack of standard clauses for standardisation requests and difficulties in ex ante oversight; underlines that this problem is even more significant where standards are relevant for more than one regulatory act; believes that a common approach or formalised agreement between the Commission and the co-legislators could be explored in order to streamline the preparation of standards and detailed conditions for technical specifications;
Amendment 121 #
2022/2058(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Considers that new rules should strengthen competition, reduce production and sales costs, and benefit of the entire economy and consumers. They should maintain and improve quality, provide information, and ensure interoperability and compatibility, thereby increasing safety and consumer value.
Amendment 138 #
2022/2058(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the value of commercialisation for research activities, including early consideration of the suitability for standardisation of projects launched under the Union’s research funding programmes; welcomes the creation of the ‘standardisation booster’, as a test bed for standards’ suitability; believes that such efforts should aim at helping researchers participate in the development of European Norms within the ESOs;
Amendment 149 #
2022/2058(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Supports the development of awareness-raising and training programmes aimed at developing pathways towards standardisation activities for academics, future industry professionals and policymakers; believes that such awareness-raising and training programmes must be developed in cooperation with the industry to ensure that they are fit-for-purpose and reflect the market-driven approach to standardisation;
Amendment 151 #
2022/2058(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Supports funding of European standardization organizations for carrying out preliminary or ancillary activities in relation to European standardization which also include cooperation activities, including international ones, research and conformity assessment activities and measures aimed at ensuring that the processing and revision times for European standards or European standardization deliverables are reduced without prejudice to the founding principles, in particular the principles of openness, quality, transparency and consensus among all stakeholders;
Amendment 156 #
2022/2058(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Reiterates its call for greater collaboration among EU institutions, the Joint Research Center (JRC), national governments and ESOs in order to develop training guidelines for policymakers and to create a standardisation culture;
Amendment 61 #
2022/0432(COD)
Proposal for a regulation
Recital 2
Recital 2
Amendment 138 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation (EC) No 1272/2008
Article 2 – paragraph 7a
Article 2 – paragraph 7a
Amendment 117 #
2022/0396(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) An item, which is an integral part of a product and is necessary to contain, support or preserve that product throughout its lifetime and where all elements are intended to be used, consumed or disposed of together, should not be considered as being packaging given that its functionality is intrinsically linked to it being part of the product. However, in light of the disposal behaviour of consumers regardingefforts to establish appropriate recycling and composing streams, tea and coffee bags as well as coffee or tea system single-serve units, which in practice are disposed of together with the product residue leading to the contamination of compostable and recycling streams, those specific items should be treated as packaging. This is in line with the objective to increase the separate collection of bio-waste, as required by Article 22 of Directive 2008/98/EC of the European Parliament and of the Council41 . Furthermore, to ensure coherence regarding end-of-life financial and operational obligations, also all coffee or tea system single-serve units necessary to contain coffee or tea should be treated as packaging. __________________ 41 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 155 #
2022/0396(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) In order to facilitate conformity assessment with requirements on compostable packaging, it is necessary to provide for presumption of conformity for compostable packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council56 for the purpose of expressing detailed technical specifications of those requirements and take into account, in line with the latest scientific and technological developments, the parameters, including composting times and admissible levels of contamination, which reflect the actual conditions in bio- waste treatment facilities, including anaerobic digestion processesquality of the output, composting proper processing times and admissible levels of contamination. __________________ 56 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council Text with EEA relevance (OJ L 316, 14.11.2012, p. 12).
Amendment 158 #
2022/0396(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Packaging should be designed, where relevant for a given shape, so as to minimise its volume and weight while maintaining its ability to perform the packaging functions. The manufacturer of packaging should assess the packaging against the performance criteria, as listed in Annex IV of this Regulation. In view of the objective of this Regulation to reduce packaging and packaging waste generation and to improve circularity of packaging across the internal market, it is appropriate to further specify the existing criteria and to make them more stringent. The list of the packaging performance criteria, as listed in the existing harmonised standard EN 13428:200057 , should therefore be modified. While marketing and consumer acceptance remain relevant for packaging designpresentation, design and differentiation functionality, they should not be part ofthe main performance criteria justifying on their own additional packaging weight and volume. However, this should not compromise product or packaging specifications for craft and industrial products and food, beverages and agricultural products that are registered aund protected under the EU geographical indication protection schemeer or otherwise protected by the Union intellectual property law or EU geographical indication protection schemes, including third country geographical indication that have been given distinctive recognition by the Union, as part of the Union’s objective to protect Intellectual property rights, cultural heritage and traditional know-how. Traditional packaging associated with products that have been granted distinctive recognition or that are subject to geographical indication of origin protection shall, however, seek to reduce packaging weight to the smallest amount possible while protecting the shape of the packaging in accordance with the overall ambitions of this proposal. On the other hand, recyclability, the use of recycled content, and re-use may justify additional packaging weight or volume, and should be added to the performance criteria. Packaging with double walls, false bottoms and other characteristics only aimed to increase the perceived product volume should not be placed on the market, as it does not meet the requirement for packaging minimisation. The same rule should apply to superfluous packaging not necessary for ensuring packaging functionality. __________________ 57 Packaging – Requirements specific to manufacturing and composition – Prevention by source reduction.
Amendment 163 #
2022/0396(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) In order to facilitate conformity assessment with requirements on packaging minimisation, it is necessary to provide presumption of conformity for packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 for the purpose of expressing detailed technical specifications of those requirements and specify measurable design criteria, including where appropriate, maximum weight or empty space limits for specific packaging formats as well as by-default, standardised packaging designs that comply with the packaging minimisation requirement. Packaging design and minimisation should not compromise the requirements specified under EU rules on food contact materials and they should not affect the food safety of the products.
Amendment 164 #
2022/0396(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) To promote the circularity and sustainable use of packaging, reusable packaging and systems for re-use should be incentivised without prejudice to Article 4(2) of Directive 2008/98/EC and where re-use does not pose risks to the quality of food and/or compromises food safety of the products. For that purpose, it is necessary to clarify the notion of reusable packaging and to ensure that it is linked not only to the packaging design, which should enable a maximum number of trips or rotations and maintaining the safety, quality and hygiene requirements when being emptied, unloaded, refilled or reloaded, but also to the setting up of systems for re-use respecting minimum requirements as set out in this Regulation. In order to facilitate conformity assessment with requirements on reusable packaging, it is necessary to provide for presumption of conformity for packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 for the purpose of expressing detailed technical specifications of those requirements and define reusable packaging criteria and formats, including minimum number of trips or rotations, standardised designs, as well as requirements for systems for re-use, including hygiene requirements. In light of the significant amount of water needed to implement a re-use system, especially for food and beverages and at industrial level, Member States should maintain a level of flexibility in adopting such provision. The Commission should produce a risk assessment of the implementation of reusable packaging vis-à-vis EU water management strategy and European water waste reduction targets.
Amendment 168 #
2022/0396(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) It is necessary to inform consumers and to enable them to appropriately dispose of packaging waste, including compostable lightweight and very lightweight plastic carrier bags. The most appropriate manner to do this is to establish a harmonised labelling system based on the material composition of packaging for sorting of waste, and to pair it with corresponding labels on waste receptacles. To this end, the European Commission and Member States shall provide the necessary tools and incentives, including economic ones, with special attention to micro and small enterprises
Amendment 179 #
2022/0396(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) In order to inform end-users about reusability, availability of systems for re- use and location of collection points as regards reusable packaging, such packaging should bear a QR code or other data carrier that provides such information. The QR code should also facilitate tracking and the calculation of trips and rotations. In addition, reusable sales packaging should be clearly identified at the point of sale.
Amendment 188 #
2022/0396(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) In order to safeguard the functioning of the internal market, it is necessary to ensure that packaging from third countries entering the Union market comply with this Regulation, whether imported as self-standing packaging or in a packaged product. In particular, it is necessary to ensure that appropriate conformity assessment procedures have been carried out by manufacturers with regard to that packaging. Importers should therefore ensure that the packaging they place on the market comply with those requirements and that documentation drawn up by manufacturers are available for inspection by the competent national authorities. To comply with these obligations, adequate support should be provided to non-professional importers, especially to micro and SMEs.
Amendment 194 #
2022/0396(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) Reusable packaging becomes waste, in the sense of the Article 3(1) of Directive 2008/98/EC, when its holder discards it, intends to discard it or is obligated to discard it. Reusable packaging in a reconditioning process is normally not considered to be waste.
Amendment 197 #
2022/0396(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) To incentivise waste prevention, a new concept of ‘refill’ should be introduced. Refill should be considered as a specific waste prevention measure that counts towards and is necessary for meeting of the re-use and refill targets. However, containers owned by the consumer, performing a packaging, kitchenware or tableware function in the context of refill, such as reusable cups, mugs, bottles or boxes are not packaging in the sense of this Regulation, even if they were originally marketed as food packaging.
Amendment 244 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 28
Article 3 – paragraph 1 – point 28
(28) ‘refill’ means an operation, considered as a packaging waste prevention measure, by which an end user fills its own container, which fulfils the packaging, kitchenware or tableware function, with a product or several products offered by the final distributor in the context of a commercial transaction;
Amendment 248 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 60 a (new)
Article 3 – paragraph 1 – point 60 a (new)
(60a) ‘packaging performing a kitchenware or tableware function’ means packaging originally intended to be used as food packaging and certified to perform kitchenware or tableware functions during its life. Such certifications should demonstrate certain design features, such as being washable and heat resistant.
Amendment 290 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 6 – point d a (new)
Article 6 – paragraph 6 – point d a (new)
(da) Specific provisions shall be approved for inert packaging placed on the market in very small quantities (i.e. around 0.1 % by weight) in the Union.
Amendment 338 #
2022/0396(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point d
Article 10 – paragraph 1 – point d
(d) it is capable of beingwhich can be emptied, unloaddischarged, refilled or reloaded, reloaded or reused as tableware or kitchenware, while ensuring compliance with the applicable safety and hygiene requirements;
Amendment 339 #
2022/0396(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
(e) it is capable of being reconditioned in accordance with Part B of Annex VI, whilst maintaining its ability to perform its intended function; or, where originally designed for reuse as tableware or kitchenware, its economic advantage to consumers and their general perception of it are reflected in design features such as washability, repairability and durability, without any loss of product functionality.
Amendment 340 #
2022/0396(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point f
Article 10 – paragraph 1 – point f
(f) it can be emptied, unloaded, refilled or reloaded, reloaded or reused as tableware or kitchenware while maintaining the quality and safety of the packaged product and allowing for the attachment of labelling, and the provision of information on the properties of that product and on the packaging itself, including any relevant instructions and information for ensuring safety, adequate use, traceability and shelf- life of the product;
Amendment 341 #
2022/0396(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point g
Article 10 – paragraph 1 – point g
(g) it can be emptied, unloaded, refilled or reloaded, reloaded or reused as tableware or kitchenware without risk to the health and safety of those responsible for doing so;
Amendment 344 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
From [OP: Please insert the date = 4236 months after the entry into force of this Regulation], packaging shall be marked with a label containing information on its material composition. This obligation does not apply to transport packaginge delegated act referred to in paragraph 5, information to facilitate consumer sorting shall be marked on the packaging or shall be available through digital means according to Article 11(4). This obligation does not apply to transport packaging, to packaging mentioned in Article 7(3), retail packaging subject to final packaging, as in the case of over the counter food sales, and to reusable gas receptacles. However, it applies to e- commerce packaging.
Amendment 360 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Packaging subject to deposit and return systems referred to in Article 44(1) shall, in addition to the labelling referred to in the first subparagraph, be marked with a harmonised label established in the relevant implementing act adopted pursuant to paragraph 5.
Amendment 364 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. From [OP: Please insert the date = 48 months after the date of entry into force of this Regulation],e implementing act referred to in paragraph 5, reusable packaging shall bear a label on packaging reusability andor shall be available through a QR code or other type of digital data carrier that provides further information on packaging reusability including the availability of a system for re-use and of collection points, and that facilitates the tracking of the packaging and the calculation of trips and rotations. In addition, reusable sales packaging shall be clearly identified and distinguished from single use packaging at the point of sale. The marketing authorization holder is permitted to transmit the package leaflet's information via digital data carrier for medicinal products as defined in Article 1, point (2) of Directive 2001/83/EC and as required by Articles 59 and 52 of that same directive.
Amendment 376 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Where a unit ofplastic packaging covered by Article 7 is marked with a label containing information consumer relevant information on the share of recycled content, that label from post-consumer plastic waste, that label or a QR code or other type of digital data carrier shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5) and shall be based on the methodology pursuant to Article 7(7). Where a unit of plastic packaging is marked with a label containing information on the share of biobased plastic content, that label shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5).
Amendment 385 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1
Article 11 – paragraph 4 – subparagraph 1
Labels referred to in paragraphs 1 to 3 and the QR code or other type of digital data carrier referred to in paragraph 2 shall be placed, printed or engraved visibly, clearly legibly and indelibly on the packaging. Where this is not possible or not warranted on account of the nature and size of the packaging, they shall be affixed to the grouped packaging information should be conveyed to consumers via digital means of communication as QR code or they shall be affixed to the grouped packaging. Information must be provided through the outer packaging, as defined in Article 1, Point (24), of Directive 2001/83/EC, for all immediate packaging, as defined in Article 1, Point (23), of Directive 2001/83/EC. From [Please insert the date = 24 months after the entry into force of this Regulation] the Commission shall adopt guidance regarding provision of information by digital means.
Amendment 391 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 a (new)
Article 11 – paragraph 4 – subparagraph 1 a (new)
The information referred to in paragraphs 1 through 3 may, as a derogation from paragraph 4, be provided by electronic means that are specified on the package or on a label that is attached to it. In such cases, the following requirements apply: a) no user data shall be collected or tracked; b) the information shall not be displayed with other information intended for sales or marketing purposes.
Amendment 400 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. By [OP: Please insert the date = 182 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish a harmonised label and specifications for the labelling requirements and formats for the labelling of packaging referred to in paragraphs 1 to 3 and the labelling of waste receptacles referred to in Article 12. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 404 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. By [OP: Please insert the date = 124 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish the methodology for identifying the material composition of packaging referred to in paragraph 1packaging materials by means of digital marking technologies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 410 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
7. Without prejudice to requirements concerning other harmonised EU labels, Member States shall not require economic operators shall noto provide or display labels, marks, symbols or inscriptions that are likely to mislead or confuse consumers or other end users with respect to the sustainability requirements for packaging, other packaging characteristics or packaging waste management options, for which harmonised labelling has been laid down in this Regulation. From [Please inset the date = 24 months after the entry into force of this Regulation] the Commission shall adopt guidance regarding aspects that are likely to mislead or confuse consumers or other end users.
Amendment 418 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
8. Packaging included in an extended producer responsibility scheme or covered by a deposit and return system other than that referred to in Article 44(1) mayshall be identified by means of a corresponding symbol throughout the territory in which that scheme or system applies. That symbol shall be clear and unambiguous and shall not mislead consumers or users as to the recyclability or reusability of the packagingharmonized symbol to be designed via an implementing act by the Commission in accordance with the examination procedure referred to in Article 59 (3).
Amendment 424 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 8 a (new)
Article 11 – paragraph 8 a (new)
8a. Packaging produced or imported prior the deadlines referred to in paragraphs 1, 2 and 3, may be put into the market until 36 months after the entry into force of this Regulation.
Amendment 453 #
2022/0396(COD)
Proposal for a regulation
Article 13 – paragraph 6 a (new)
Article 13 – paragraph 6 a (new)
6a. With regard to this Regulation, for medicinal products, as defined in Article 1, point (2), of the Directive 2001/83/EC, the information provided shall be of the marketing authorisation holder, as provided by Article 6.1a of the Directive 2001/83/EC.
Amendment 465 #
2022/0396(COD)
Proposal for a regulation
Article 13 – paragraph 9 a (new)
Article 13 – paragraph 9 a (new)
9a. The provisions of paragraphs 1 to 6 shall not apply to custom transport packaging for configurable devices and system, that are destined to be used use in industrial and healthcare environments.
Amendment 527 #
2022/0396(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Economic operators who place reusable packaging on the market shall ensure that a system for re-use of such packaging is in place, which meets the requirements laid down in Article 24 and Annex VI, except where the packaging is reused as tableware or kitchenware.
Amendment 528 #
2022/0396(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. This obligation shall not apply to packaging intended for reuse as kitchenware or tableware.
Amendment 594 #
2022/0396(COD)
Proposal for a regulation
Article 43 – paragraph 5
Article 43 – paragraph 5
5. By way of derogation from the separate waste collection obligation in paragraph 3, certain types of packaging waste may be collected together - or together with other waste -where such collection does not affect their potential to undergo recycling operations and results in output from those operations which is of comparable quality to that achieved through separate collection. In particular, inert packaging marketed in very small quantities (i.e. approximately 0.1% by weight) in the European Union, and made from the same materials as waste disposed of in the construction waste stream, shall be disposed of together with construction and demolition waste.
Amendment 606 #
2022/0396(COD)
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 1
Article 52 – paragraph 1 – subparagraph 1
Without prejudice to Article 19 of the Regulation (EU) 2019/1020, where the market surveillance authorities of one Member State have sufficient reason to believe that packaging covered by this Regulation presents a risk to the environment or human health, they shall carry out an evaluation in relation to the packaging concerned covering all requirements laid down in this Regulation that are relevant to the risk. The relevant economic operators shall cooperate as necessary with the market surveillance authorities.
Amendment 607 #
2022/0396(COD)
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2
Article 52 – paragraph 1 – subparagraph 2
Where, in the course of that evaluation, and following a process where objections raised by economic operators have been considered, the market surveillance authorities find that the packaging does not comply with the requirements laid down in this Regulation, they shall without delay require the relevant economic operator to take appropriate and proportionate corrective measures, within a reasonable period prescribed by the market surveillance authorities which is commensurate with the nature and, where relevant the degree of the non-compliance, to bring the packaging in compliance with those requirements. The evaluation of market surveillance authorities shall be based on due process.
Amendment 609 #
2022/0396(COD)
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. The economic operator shall ensure that all appropriate corrective measures is taken in respect of all the concerned packaging, following due process, that the economic operator has made availableplaced on the market throughout the Union.
Amendment 611 #
2022/0396(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Where, having carried out an evaluation under Article 52, and following a process where objections raised by economic operators have been considered, a Member State finds that although packaging is in compliance with the applicable requirements set out in Articles 5 to 11, it presents a risk to the environment or human health, it shall without delay require the relevant economic operator to take all appropriate measures, within a reasonable period prescribed by the market surveillance authorities and commensurate with the nature and, where relevant, the degree of risk, to ensure that the packaging concerned, when placed on the market, no longer presents that risk, to withdraw the packaging from the market or to recall it. The evaluation of market surveillance authorities shall be based on due process
Amendment 630 #
2022/0396(COD)
Proposal for a regulation
Annex V
Annex V
Amendment 113 #
2022/0347(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive sets intermediate limit values, target values, average exposure reduction obligations, average exposure concentration objectives, critical levels, information thresholds, alert thresholds and long-term objectivelimit values and average exposure reduction obligations (‘air quality standards’) to be met by the year 20340, and regularly reviewed thereafter in accordance with Article 3.
Amendment 117 #
2022/0347(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive also sets target values, average exposure concentration objectives, critical levels, information thresholds, alert thresholds and long-term objectives. Furthermore, this Directive contributes to achieving: the Union’s pollution-reduction, biodiversity and ecosystem objectives in accordance with the 8th Environment Action Programme, as set out in Decision (EU) 2022/591 of the European Parliament and of the Council55 . __________________ 55 Decision (EU) 2022/591 of the European Parliament and of the Council of 6 April 2022 on a General Union Environment Action Programme to 2030 (OJ L 114, 12.4.2022, p. 22).
Amendment 159 #
2022/0347(COD)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Where, in a given zone , conformity with the limit values for particulate matter (PM10 and PM2.5) or nitrogen dioxide cannot be achieved by the deadline specified in Table 1 of Section 1 of Annex I, because of site-specific dispersion characteristics, orographic boundary conditions, adverse climatic conditions or transboundary contributions, due to the complex characteristics of its secondary formation in the atmosphere which complicate the task of assessing the feasibility of complying with strict limit values, a Member State may postpone - that deadline once by a maximum of 5 years for that particular zone , if the following conditions are met:
Amendment 160 #
2022/0347(COD)
Proposal for a directive
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
Amendment 189 #
2022/0347(COD)
Proposal for a directive
Annex I – Section 1 – table 1
Annex I – Section 1 – table 1
Amendment 305 #
2022/0347(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive sets intermediate limit values, target values, average exposure reduction obligations, average exposure concentration objectives, critical levels, information thresholds, alert thresholds and long-term objectivelimit values and average exposure reduction obligations (‘air quality standards’) to be met by the year 20340, and regularly reviewed thereafter in accordance with Article 3.
Amendment 320 #
2022/0347(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive also sets target values, average exposure concentration objectives, critical levels, information thresholds, alert thresholds and long-term objectives. Furthermore, this Directive contributes to achieving: the Union’s pollution-reduction, biodiversity and ecosystem objectives in accordance with the 8th Environment Action Programme, as set out in Decision (EU) 2022/591 of the European Parliament and of the Council55. _________________ 55 Decision (EU) 2022/591 of the European Parliament and of the Council of 6 April 2022 on a General Union Environment Action Programme to 2030 (OJ L 114, 12.4.2022, p. 22).
Amendment 530 #
2022/0347(COD)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Where, in a given zone , conformity with the limit values for particulate matter (PM10 and PM2.5) or nitrogen dioxide cannot be achieved by the deadline specified in Table 1 of Section 1 of Annex I, because of site-specific dispersion characteristics, orographic boundary conditions, adverse climatic conditions or transboundary contributions, a Member State may postpone - that deadline once by a maximum of 5 years for that particular zone , if the following conditions are met:
Amendment 540 #
2022/0347(COD)
Proposal for a directive
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
Amendment 772 #
2022/0347(COD)
Proposal for a directive
Annex I – Section 1 – table 1
Annex I – Section 1 – table 1
Averaging period Limit value PM2.5 1 day 237,5 μg/m3 not to be exceeded more than 18 times per calendar year Calendar year 105 μg/m³ PM10 PM10 1 day 450 μg/m3 not to be exceeded more than 18 times per calendar year Calendar year 20 μg/m3 Nitrogen dioxide (NO2) 1 hour 200 μg/m3 not to be exceeded more than once per calendar year 1 day 50 μg/m3 not to be exceeded more than 18 times per calendar year Calendar year 20 μg/m3 Sulphur dioxide (SO2) 1 hour 350 μg/m3 not to be exceeded more than once per calendar year 1 day 50 μg/m3 not to be exceeded more than 18 times per calendar year Calendar year 20 μg/m3 Benzene Calendar year 3,4 μg/m3 Carbon monoxide (CO) maximum daily 8 – hour mean 10 mg/m3 (1) (1) 1 day 4 mg/m3 not to be exceeded more than 18 times per calendar year Lead (Pb) Calendar year 0,5 μg/m3 Arsenic (As) Calendar year 6,0 ng/m³ Cadmium (Cd) Calendar year 5,0 ng/m³ Nickel (Ni) Calendar year 20 ng/m³ Benzo(a)pyrene Calendar year 1,0 ng/m³ (1) The maximum daily 8-hour mean concentration will be selected by examining 8-hour running averages, calculated from hourly data and updated each hour. Each 8-hour average so calculated will be assigned to the day on which it ends i.e. the first calculation period for any 1 day will be the period from 17.00 on the previous day to 1.00 on that day; the last calculation period for any 1 day will be the period from 16.00 to 24.00 on that day.
Amendment 246 #
2022/0277(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Different legislative, regulatory or administrative measures cThe operation of media service providers in the internal market has been restricted and negatively affect the operation of media service providers in the internal market. Theyed by several legislative measures, includeing, for example, by the rules to limit the ownership of media companies by other companies active in the media sector or non-media related sectors; they also include, as well as by decisions related to licensing, authorisation or prior notification for media service providers. In order to mitigate their potential negative impact on the functioning of the internal market for media services and enhance legal certainty, it is important that such measures minimise disruptions to the operations of multimedia service providers and comply with the principles of objective justification, adequacy, transparency, non- discrimination and proportionality.
Amendment 263 #
2022/0277(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Audience measurement has a direct impact on the allocation and the prices of advertising, which represents a key revenue source for the media sector. It is a crucial tool to evaluate the performance of media content and understand the preferences of audiences in order to plan the advertising inventory, purchasing, scheduling, sale and future production of content. Accordingly, media market players, in particular media service providers and advertisers, should be able to rely on objective audience data stemming from transparent, unbiased and verifiable audience measurement solutions. However, certain new players that have emerged in the media ecosystem provide their own measurement services without making available information on their methodologies. This could result in information asymmetries among media market players and in potential market distortions, to the detriment of equality of opportunities for media service providers in the market.
Amendment 298 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘public service media provider’ means a media service provider which is entrusted with a public service missiontask under national law orand receives national public funding for the fulfilment of such a missiontask;
Amendment 318 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘audience measurement’ means the activity of collecting, interpreting or otherwise processing data about the number and characteristics of users of media services and online platforms for the purposes of decisions regarding advertising allocation or prices or the relatedpurchasing, planning, production or distribution of content and the advertising inventory;
Amendment 325 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
Amendment 329 #
2022/0277(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 331 #
2022/0277(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Media service providers shall have the right to exercise their economic activities in the internal market without restrictions other than those allowed underthat conform with Union law.
Amendment 379 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
(ba) The editorial hierarchy shall ensure that journalists carry out their work in accordance with the laws and professional and ethical standards, while upholding the right to report.
Amendment 386 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall ensure that the national regulatory authorities or bodiesfinancial, human and technical resources of the national regulatory authorities or bodies are increased and sufficiently adjusted to enable the national regulatory authorities or bodies to have adequate financial, human and technical resources to carry out their new tasks under this Regulationconferred upon them by this Regulation. The organisational and functional autonomy of the national regulatory authorities or bodies shall be guaranteed.
Amendment 388 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point a (new)
Article 7 – paragraph 3 – point a (new)
(a) Within one year after the entry into application of this Regulation pursuant to Article 28(2), the Commission shall assess the implementation of this Article. To this end, Member States shall be required, upon request, to provide the Commission with all relevant information.
Amendment 390 #
2022/0277(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Where needed for carrying out their tasks under this Regulation, the national regulatory authorities or bodies shall have appropriate powers of investigation, witthe power to request, within an appropriate time frame, information and data which aregard to the conduct of natural or legal persons to which Chapter III applies. proportionate and necessary for the purpose of carrying out their tasks under Chapter III from natural or legal persons to which this Regulation applies or who, for purposes relating to their trade, business or profession, may reasonably be expected to be in possession of the necessary information, while respecting the rights and interests of those persons.
Amendment 397 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Board shall be composed of high-level representatives of national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU.
Amendment 402 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The Board shall be represented by its Chair, elected by its members. The Board shall also elect a Chair from amongst its memberssteering group, composed of the Chair, the incoming Chair, the outgoing Chair and 2 other members. The Chair and the other members of the steering group shall be elected by a two-thirds majority of itsthe members of the Board with voting rights. The term of office of the Chair shall be two years. one year, and may be renewed once. The rules of procedure of the administrative board should specify the roles, tasks and method for the appointment of the members of the steering group.
Amendment 425 #
2022/0277(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Board shall have a secretariat, which shall be provided by the Commissionbe assisted by an independent bureau.
Amendment 430 #
2022/0277(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The secretariat shall provide administrative and organisational support to the activities of the Board. The secretariat shall also assist the Board in carrying out its tasksbureau of the European body for media services shall be established as a legally autonomous body. The main task of the bureau should be to assist the Board in carrying out its tasks, laid down in this Regulation and in Directive 2010/13/EU.
Amendment 449 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
Article 12 – paragraph 1 – point e – introductory part
(e) in agreement with the Commission, draw up opinions with respect to:
Amendment 453 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f – introductory part
Article 12 – paragraph 1 – point f – introductory part
(f) on its own initiative, or upon request of the Commission, draw up opinions with respect to:
Amendment 493 #
2022/0277(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The Board shall foster cooperation between media service providers, standardisation bodies or any other relevant stakeholders in order to facilitapromote the development of EU-wide harmonised technical standards related to digital signals or, such as hybrid broadband television broadcasting, and design of devices or user interfaces controlling or managing access to and use of audiovisual media services.
Amendment 529 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) it is subject to regulatory requirements for the exercise of editorial responsibility in one or more Member States, or adheres to a co-regulatory or self-regulatory mechanism governing editorial standards, widely recognised and accepted in the relevant media sector in one or more Member States. Media service providers’ self-declarations must be easy to verify. Member States shall be responsible for verifying media service providers’ self-declarations and shall provide for an independent, rapid and effective complaint and redress mechanism.
Amendment 539 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to restrict or suspend the provision of its online intermediation services in relation to content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this Article, on the grounds that such content is incompatible with its terms and conditions, without that content contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX [Digital Services Act], it shall take all possible measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX [Digital Services Act], to communicate to the media service provider concerned the statement of reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150, prior to the suspension taking effect. and Article 17(3) of Regulation (EU) 2022/2065, and must give the media service provider the opportunity to respond to that statement, prior to the suspension or restriction taking effect. If the provider of a large online platform subsequently decides to suspend or restrict content or services, at the time of the decision taking effect, it shall provide detailed reasons in writing as to why it rejects the media service provider’s objections. For the purposes of assessing the compatibility of content with their terms and conditions, large online platforms shall refer to the following criteria: ...
Amendment 551 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 11 of Regulation (EU) 2019/1150 and Article 20 of Regulation (EU) 2022/2065 by media service providers that submitted a declaration pursuant to paragraph 1 of this Article are processed and decided upon with priority and within no longer than 48 hours from a complaint being lodged. If the large online platform does not respect this time limit, it shall restore the content or service without undue delay.
Amendment 558 #
2022/0277(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider of very large online platform frequently restricts or suspends the provision of its services in relation to content provided by the media service provider without sufficient grounds, the provider of very large online platform shall engage in a meaningful and effective dialogue with the media service provider, upon its request, in good faith with a view to finding an amicable solution for terminating unjustified restrictions or suspensions and avoiding them in the future. The media service provider may notify the outcome of such exchanges to the Board. If no amicable solution is found, the media service provider may lodge a complaint before the General Court or the competent national authority, through an independent, effective and rapid complaint and redress mechanism. The outcome of the dialogue or independent complaint or redress mechanism shall be notified to the Board.
Amendment 588 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Any legislative, regulatory or administrative measure taken by a Member State that is liable to affect the provision of media services or operation of media service providers in the internal market shall be duly justified and proportionateand objectively justified, proportionate and minimise disruptions to the operations of multimedia service providers. Such measures shall be adequate, reasoned, transparent, objective and non- discriminatory.
Amendment 658 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Without prejProviders of audience to the protection of undertakings’ business secrets, provmeasurement systems developed without market governance, or outsiders of proprietary audience measurement systems shallindustry standards, shall in agreement with the relevant national self-regulatory bodies provide, without undue delay and free of costs, to media service providers and advertisers, as well as to third parties authorised by media service providers and advertisers, accurate, detailed, comprehensive, intelligible and up-to-date information on the methodology used by their audience measurement systems. The methodology and its application shall be verified at least once a year by an independent body. This provision shall not affect the Union’s data protection and privacy rules.
Amendment 660 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. National regulatory authorities or bodMedia service providers, their representative organisations and any other interested parties, shall encourage theould drawing up of codes of conduct by providers of audience measurement systems, together with media service providers, their representative organisations and any other interested parties, that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent auditswith the support of national regulatory bodies that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent audits. The same principles and provisions should also apply to online platforms. The codes of conduct should provide for: regular, transparent and independent monitoring, assessment of compliance with the principles contained therein and effective implementation, including through proportionate sanctions, where appropriate.
Amendment 666 #
2022/0277(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. The Commission, assisted by the Board and experts from media service providers, research companies or organisations, such as the Joint Industry Committees that provide audience measurements for the market, may issue guidelines on the practical application of paragraphs 1, 2 and 3 of this Article.
Amendment 36 #
2022/0219(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Furthermore, the common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to control or restriction by a non-assoa use restriction by a non-associated third country or a non-associated third country entity. In urgent cases, this requirement should not apply if the procured products were in use prior to 24 February 2022 within the armed forces of at least one of the member states participating in the common procurement. Where the derogation applies, countries participated third country or a non-associated third country entitying in the common procurement should study the feasibility of replacing the components causing the restriction by restriction-free components from the Union or associated third countries and submit their findings to the Commission. The Commission should provide a non-confidential summary of all such findings in the report referred to in article 12 to help identify technological gaps in the European Defence Technological and Industrial Base .
Amendment 47 #
2022/0219(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Member States should appoint a procurement agent to conduct a common procurement on their behalf. The procurement agent should be a contracting authority established in a Member State or an associated third country, including Union bodies or international organisations, such as the Organisation Conjointe de Coopération en matière d'ARmement (OCCAR) or the NATO Support and Procurement Agency (NSPA).
Amendment 52 #
2022/0219(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the actions shall involve cooperation between eligible entities as referred to in Article 9 for common procurement of the most urgent and critical defence products between eligible entities implementing the objectives referred to in Article 3;
Amendment 61 #
2022/0219(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. Third countries that are candidates for accession to the European Union may also be associated to the eligible actions under paragraph 1 of this article, provided that the Member States participating in the common procurement unanimously agree to it.
Amendment 67 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States or associated third countries shall appoint a procurement agent to act on their behalf for the purpose of the common procurement. The procurement agent shall carry out the procurement procedures and conclude the resulting agreements with contractors on behalf of the countries participating Member Statesin the common procurement.
Amendment 75 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Contractors and subcontractors involved in the common procurement shall be established and have their executive management structures in the Union. They shall not be subject to control by a non- associated third country or by a non- associated third country entity or have undergone a screening within the meaning of Regulation (EU) 2019/452 and where necessary, have taken mitigation measures.
Amendment 82 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. By way of derogation from paragraph 4, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may participate as contractor and subcontractor involved in the common procurement only if it provides guarantees verified and approved by the Member State or associated third country in which the contractor or subcontractor is established.
Amendment 83 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 7 – introductory part
Article 8 – paragraph 7 – introductory part
7. The guarantees shall be based on a standardised template adopted by the Commission by means of an implementing act in accordance with Article 14 by [1 month after entry into force of this regulation]. The guarantees and the template shall be part of the tender specification. The guarantees shall in particular substantiate that, for the purposes of the common procurement, measures are in place to ensure that:
Amendment 91 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
9. Common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to a restriction by a non- associated third country or a non- associated third country entity. that limits member states' ability to use the defence product. By way of derogation from the previous sentence, in urgent cases, the requirement shall not apply if the procured products were already in use prior to 24 February 2022 within the armed forces of at least one member state participating in the common procurement. Where the derogation applies, countries participating in the common procurement shall study the feasibility of replacing the components causing the restriction by restriction-free components from the Union or associated third countries, and submit their findings to the Commission. The Commission shall provide a non- confidential summary of all such findings in the report referred to in article 12.
Amendment 103 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 10 – point a
Article 8 – paragraph 10 – point a
Amendment 105 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 10 – point b
Article 8 – paragraph 10 – point b
(b) other subcontractorentities to which at least 10 % of the work sharper cent of the contract value is allocated;
Amendment 109 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 10 a (new)
Article 8 – paragraph 10 a (new)
10 a. The cost of components originating in non-associated third countries shall not exceed 30 per cent of the value of the procured end product.
Amendment 117 #
2022/0219(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(b a) procurement agents referred to in Article 2(5)
Amendment 129 #
2022/0219(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 4
Article 10 – paragraph 1 – point 4
4. the number of Member States or associated countries or third countries that are candidates for accession to the European Union participating in the common procurement;
Amendment 138 #
2022/0219(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 7 a (new)
Article 10 – paragraph 1 – point 7 a (new)
7 a. the participation of SMEs as contractors or subcontractors;
Amendment 38 #
2018/2545(RSP)
Paragraph 4
4. UrgesCalls on the Commission to at least update the SME definition to take account of the rise in inflation and labour productivity since 2003; strongly supports an adjustment beyond the index-linking of inflation and labour productivity, in order to take account of future inflation, provide certainty and obviate the need for a rapid further adjustment in the next few yearsfinancial thresholds for the SME definition to take account of the rise in inflation since 2003;
Amendment 58 #
2018/2545(RSP)
Paragraph 5
5. Points out that the employee numbers is not a criterion which can be used to draw up for accurate EU-wide comparisons, as labour productivity varies from one Member State to another; welcomes, therefore, a shift towards the criteria of turnover and balance sheet totalnumber of employees should remain the main criterion, so as to ensure full comparability across the Union, and that, as labour productivity varies from one Member State to another, labour productivity is not a suitable indicator to use to define SMEs;
Amendment 61 #
2018/2545(RSP)
Paragraph 6
6. Stresses that there is a need to clarify not onlsimplify the terms ‘linked enterprise’ and ‘partner enterprise’ but alsoand SMEs’ status in mergers, and consortiums and; regards the simplification of procedures and the cutting of red tape as imperative; calls on the Commission in that connection to further simplify, red tape and the applicable rules as imperative;
Amendment 72 #
2018/2545(RSP)
Paragraph 7
7. Welcomes the Commission’s start- up and scale-up initiative; views the promotion of entrepreneurship as important for economic growth in the EU; calls on the Commission to introduce a two-year transitional period during which enterprises which no longer qualify for SME status would retain that status;
Amendment 85 #
2018/2545(RSP)
Paragraph 8
8. Takes the view that economic diplomacy instruments employed at EU level, such as the Mission for Growth, could be used to address economic challenges and exploit economic opportunities at global level more effectively; calls on the Commission to step up its efforts in that area, without creating duplicate structures; calls, in that connection, for an assessment of the possibility of introducing an ‘Export growth in relation to enterprise size’ indicator to be developed and for additional support to be offered to small enterprises with high export volumin order to improve information about the international competitiveness of SMEs, partly in order to monitor the effectiveness of European and national policies;
Amendment 100 #
2018/2545(RSP)
Paragraph 9
9. Is concerned that, despite the considerable contribution they make to employment and growth by virtue of their productivity, MidCaps (enterprises that have outgrown the SME definition but still have typically medium-sized structures) are being neglected by policy-makers; calls, therefore, for a definition to be established for these companies based on the criteria that they are family-run, have high equity ratio and employ up to 3000 peopleNotes that MidCaps (enterprises that have outgrown the SME definition but still have typically medium-sized structures) contribute to employment and growth by virtue of their productivity and therefore deserve attention from the Member States and the European Union; considers at the same time that the definition of SMEs should devote particular attention to micro enterprises;
Amendment 108 #
2018/2545(RSP)
Paragraph 10
10. Calls on the Commission, in addition to the priority EU measures for SMEs, to launch a MidCaps-oriented initiative using new funding, which would cover collaborative research access, digital to proceed further with its analysis of MidCaps, and to include in it an assessment of the existence and effectiveness of exisation strategies, export market development and an easing of the Basel specifications and data protection ruleng measures at Union level and in the Member States, including priority EU and Member State measures for SMEs;
Amendment 128 #
2018/2545(RSP)
Paragraph 11
11. Takes the view that SME categorisation should not be exclusively based on the criteria of employee headcount, annual turnover and balance sheet totals; calls, therefore, for the criteria of ‘export-intensive’ (high level of exports in relation to number of employees), ‘largely independently-run’ and ‘high equity ratio’ - to be defined in due course - to be taken into account when categorising companies and for enterprises with these characteristics to at least be exempted from the relevant specific reporting obligations and/or for it to be made easier for them to access financial support, partly with a view to improving the effectiveness of European economic and industrial policy, the criteria of employee headcount, annual turnover and balance sheet totals should not be the only ones to be taken into account in statistics on the size of undertakings;
Amendment 134 #
2018/2545(RSP)
Paragraph 12
12. Calls on the Commission to conduct a study into the impact of the SME definition on business development and on lock-in-effects, i.e. when enterprises deliberately opt not to expand in order to avoid bureaucratic burdens and other obligations that arise from the loss of their SME status;
Amendment 149 #
2018/2545(RSP)
Paragraph 13
13. Calls on the Commission to conduct a feasibility study of sector- specific SME definitions in order to scrutinise the impact of such an approach on these sectors of the economy and the added avalue generated when set against the additional costs incurred, and to adapt the SME definition accordingly, should the study prove its feasibility;
Amendment 153 #
2018/2545(RSP)
Paragraph 14
14. Calls for an SME category test to be made mandatory for all EU legislative proposals, beyond the Commission’s own undertakings; stresses that the result should be clearly indicated in the impact assessment; calls on the Commission and Member States to give such an undertaking in the next Interinstitutional Agreement on better law- making; considers the Small Business Act for Europe to be a highly effective instrument and would therefore like to see it brought back into line with how it was initially conceived, and also updated;
Amendment 34 #
2018/2167(DEC)
Motion for a resolution
Paragraph 30 – introductory part
Paragraph 30 – introductory part
30. Still strongly regrets that, accordingRegrets that, despite repeated calls from the European Parliament for establishing a single seat, and the fact that citizens of the Union do not understand why the European Parliament should divide its activities over two the Court,seats, so far the European Council did not even commence a discussion on how to meet Parliament´s requests in this respect; recalls the 2014 ECA analysis which estimated the costs of the geographic dispersion of the Parliament amount to EUR 114 million per yearto be EUR 114 million per year; notes, furthermore, the finding from its resolution of 20 November 2013 on the location of the seats of the European Union’s Institutions1a that 78 % of all missions by Parliament statutory staff arise as a direct result of the Parliament's geographic dispersion; emphasises that the report also estimates the environmental impact of the geographic dispersion to be between 11 000 to 19 000 tonnes of CO2 emissions; reiterates the negative public perception caused by that dispersion; reiterates its call on the Council to develop a comprehensive strategy in order to agree on a single seat for Parliament; takes note of the additional costs linked to Parliament’s 12 journeys per year to Strasburg, which can be broken down as follows for 2017: _________________ 1a OJ C 436, 24.11.2016, p. 2.
Amendment 37 #
2018/2167(DEC)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Notes that the creation of an institute dedicated to the education of future European diplomats within the EEAS could be an example to repurpose the premises of the European Parliament in Strasbourg to house this diplomatic institute;
Amendment 17 #
2018/2056(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas in some Member States the circulation of public sector receivables, which could balance the powers of the parties and lead to fairer business practices, is prevented by assignment and enforcement bans, either introduced by law or by contract;
Amendment 22 #
2018/2056(INI)
Motion for a resolution
Recital N
Recital N
Amendment 36 #
2018/2056(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Maintains that there is no one-size- fits-all approach to tackling the issue of late payments, as in some business to business sectors longer payment deadlines, beyond 30 or 60 days, are in line with the needs of businesses and an accepted practice, taking into account the specificities of each sector; considers that it is also important to respect the freedom of contract between undertakings on the market, whilst preventing the public sector to derogate from the payment deadlines rules set in the directive;
Amendment 42 #
2018/2056(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 63 #
2018/2056(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to enforce their national legislation and to encourage and improve stricter controls, in particular among large companies, and the use of administrative sanctions (reinforced through a ‘name and shame’ provision that generates peer pressure), thus contributing to the improvement of payment behavior; maintains that direct intervention from the public authorities, since it is they who enforce administrative sanctions, could help to overcome the ‘fear factor’ and relieve creditors of the responsibility to take action against debtors, as the authorities would directly enforce the law and take discretionary action against enterprises engaged in bad payment practices; believes that the value of sanctions and their cumulative nature could deter companies from paying late, while public access to information (publication of sanctions) could directly harm the company’s image;
Amendment 74 #
2018/2056(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with great concern the situation in some Member States, where public authorities have greatly delayed payments for goods and/or services supplied to them by undertakings, included in supply contracts non-assignment clauses and prevented (through law) suppliers from enforcing their claims in courts, so leading those businesses into extreme financial difficulties; believes that in order to support businesses whose financial management is complicated by delayed payments from public authorities, the Member States should put in place faster and more efficient VAT refund procedures, especially for SMEs;
Amendment 82 #
2018/2056(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States and the Commission, in the light of the recent case law of the Court of Justice (Case C- 555/14), to take the necessary steps to ensure that public authorities pay their suppliers on time and, that creditors receive automatic interest and compensation when payments are late, and that bans on judicial enforcement towards the public sector and bans on assignment of public sector receivables are eliminated from national legislation or public sector contractual practices;
Amendment 85 #
2018/2056(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 97 #
2018/2056(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States to improve their legislation and promote the implementation of the Late Payment Directive in all its parts, also by removing any domestic laws, regulation or contractual practices by the public sector that conflict with the aims of the Directive, such as enforcement and assignment bans for public sector receivables;
Amendment 104 #
2018/2056(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Urges the Member States to make payment procedures more efficient, underlining in particular that verification procedures to check invoices or the conformity of goods and services with the contractual specifications should not be used to extend payment periods artificially beyond the limits imposed by the Directive;
Amendment 154 #
2018/2046(BUD)
Motion for a resolution
Paragraph 68 a (new)
Paragraph 68 a (new)
68 a. Recalls the 2014 ECA analysis which estimated the costs of the geographic dispersion of the Parliament to be EUR 114 million per year; furthermore, notes the finding from its resolution of 20 November 2013 on the location of the seats of the European Union’s Institutions1a that 78 % of all missions by Parliament statutory staff arise as a direct result of the Parliament's geographic dispersion; emphasises that the report also estimates the environmental impact of the geographic dispersion to be between 11 000 to 19 000 tonnes of CO2 emissions; reiterates the negative public perception caused by this dispersion and calls therefore for a roadmap to a single seat and a reduction in the relevant budget lines; _________________ 1a OJ C 436, 24.11.2016, p. 2.
Amendment 41 #
2018/0328(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Heads of State and Government at the Tallinn Digital Summit, in September 2017, called for the Union to become "a global leader in cyber-security by 2025, in order to ensure trust, confidence and protection of our citizens, consumers and enterprises online and to enable a free, safer and law-governed internet."
Amendment 46 #
2018/0328(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The Competence Centre should be the Union's main instrument to pool investment in cybersecurity research, technology and industrial development and to implement relevant projects and initiatives together with the Cybersecurity Competence Network. It should deliver cybersecurity-related financial support from the Horizon Europe and Digital Europe programmes, and should be open to the European Defence Fund, European Regional Development Fund and other programmes where appropriate. This approach should contribute to creating synergies and coordinating financial support related to EU initiatives in the field of civil R&D, cybersecurity research, innovation, technology and industrial development and avoiding duplication.
Amendment 49 #
2018/0328(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) In view of the extent of the cybersecurity challenge and in view of the investments made in cybersecurity capacities and capabilities in other parts of the world, the Union and its Member States should step up their financial support to research, development and deployment in this area. In order to realise economies of scale and achieve a comparable level of protection across the union, the Member States should put their efforts into a European framework by investing through the Competence Centre mechanism where relevant.
Amendment 56 #
2018/0328(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In order to respond to the needs of both demand and supply side industries, the Competence Centre's task to provide cybersecurity knowledge and technical assistance to industries should refer to both ICT products, processes and services and all other industrial and technological products and solutions in which cybersecurity is to be embedded.
Amendment 63 #
2018/0328(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) The commission should have sufficient weight in the decisions of the Governing Board, in line with its responsibility to ensure proper management of the Union budget as laid down in the Treaties.
Amendment 82 #
2018/0328(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) retain and develop the cybersecurity technological and industrial capacities necessary to secure its Digital Single Market, increasing the trust of European consumers and citizens;
Amendment 107 #
2018/0328(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 3 – point c
Article 4 – paragraph 1 – point 3 – point c
(c) providing cybersecurity knowledge and technical assistance to industry, in particular SMEs, the manufacturing and traditional sectors, and public authorities, in particular by supporting actions aimed at facilitating access to the expertise available in the Network and the Cybersecurity Competence Community;
Amendment 113 #
2018/0328(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 4 – introductory part
Article 4 – paragraph 1 – point 4 – introductory part
4. contribute dynamically to the wide deployment of state-of-the-art cyber security products and solutions across the economy, by carrying out the following tasks:
Amendment 115 #
2018/0328(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 4 – point a a (new)
Article 4 – paragraph 1 – point 4 – point a a (new)
(a a) supporting cybersecurity research in the field of cyberespionage and IP theft, including through the development of new technologies aimed at blocking transactions involving the purchase of counterfeit goods.
Amendment 120 #
2018/0328(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 4 – point d a (new)
Article 4 – paragraph 1 – point 4 – point d a (new)
(d a) Stimulating the uptake of cybersecurity certification in line with Regulation of the European Parliament and of the Council on ENISA, the "EU Cybersecurity Agency", and repealing Regulation (EU) 526/2013, and on Information and Communication Technology cybersecurity certification (''Cybersecurity Act'') COM/2017/0477 final - 2017/0225 (COD).
Amendment 127 #
2018/0328(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 5 a (new)
Article 4 – paragraph 1 – point 5 a (new)
5 a. Supporting alignment and high quality in cybersecurity education and professional training.
Amendment 152 #
2018/0328(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) facilitatensuring the participation of industry, in particular SMEs and other actors at the Member State level in cross- border projects;
Amendment 153 #
2018/0328(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) contributing, together with the Competence Centre, to identifying and addressing sector-specific cyber security industrial challenges, including state- sponsored cyberespionage;
Amendment 162 #
2018/0328(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point h – point i (new)
Article 7 – paragraph 1 – point h – point i (new)
i) promoting awareness campaigns, notably for SMEs and together with the Competence Centre provide the necessary cybersecurity skills and solutions;
Amendment 166 #
2018/0328(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Cybersecurity Competence Community shall consist of industry, SMEs, academic and non-profit research organisations, and associations as well as public entities and other entities dealing with operational and technical matters. It shall bring together the maindustrial stakeholders and other relevant actors with regard to cybersecurity technological and industrial capacities in the Union. It shall involve National Coordination Centres as well as Union institutions and bodies with relevant expertise..
Amendment 199 #
2018/0328(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Industrial and Scientific Advisory Board shall consist of no more than 16 members. The members shall be appointed by the Governing Board from among the representatives of the entities chosen among entities belonging to the Cybersecurity Competence Community, whereof no more than 10 members shall be appointed from among the representatives of the industry, of which no more than 4 SMEs, and no more than 6 members shall be appointed from Universities and RTO. The appointment of the Cymembersecurity Competence Commun shall also take into account their commitment to the contractual Public-Private Partnership (cPPP) on cybersecurity.
Amendment 207 #
2018/0328(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Industrial and Scientific Advisory Board mayshall advise the Governing Board on the establishment of working groups on specific issues relevant to the work of the Competence Centre, particularly in relation to the competences and tasks of the Industrial and Scientific Advisory Board, where necessary under the overall coordination of one or more members of the Industrial and Scientific Advisory Board.
Amendment 209 #
2018/0328(COD)
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2 a. The Industrial and Scientific Advisory Board shall have the right to nominate the participants of the working groups established under Art 19(2) from among the members of the Cybersecurity Competence Community.
Amendment 210 #
2018/0328(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Industrial and Scientific Advisory Board shall adopt its rules of procedure, including the nature and the appropriate level of coordination with the cPPP, as well as the nomination of the representatives that shall represent the Advisory Board where relevant and the duration of their nomination.
Amendment 212 #
2018/0328(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point 1 a (new)
Article 20 – paragraph 1 – point 1 a (new)
(1 a) provide the Executive Director and the Governing Board with a draft medium-to long-term R&I agenda on technology and applications;
Amendment 214 #
2018/0328(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point 3 a (new)
Article 20 – paragraph 1 – point 3 a (new)
(3 a) provide the Executive Director and the Governing Board with independent advice on deployment and procurement;
Amendment 215 #
2018/0328(COD)
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1 a. In order to guarantee the alignment and the efficacy of the Industrial and Scientific Advisory Board, its chair shall have the right, except for matters which do not fall within the tasks of the Industrial and Scientific Board as outlined in Art. 20, to attend meetings of the Governing Board as an observer and to take part in its deliberations, but shall have no voting rights.
Amendment 216 #
2018/0328(COD)
Proposal for a regulation
Article 20 – paragraph 1 b (new)
Article 20 – paragraph 1 b (new)
1 b. Representatives of the Industrial and Scientific Advisory Board as per Art. 19(4) may also be invited to attend meetings with the same rights and limitations whenever issues falling within their tasks are discussed.
Amendment 328 #
2018/0328(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Industrial and Scientific Advisory Board shall consist of no more than 16 members. Of such number, no more than 10 shall be chosen from among the industry, and of such number no more than 4 shall be chosen from among SMEs; the remaining members shall be selected among Universities and Research Centres. The members shall be appointed by the Governing Board from among the representatives of the entities of the Cybersecurity Competence Community.
Amendment 332 #
2018/0328(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Members of the Industrial and Scientific Advisory Board shall have expertise either with regard to cybersecurity research, industrial development, professional services or the deployment thereof, and a demonstrated commitment to the contractual public- private partnership (cPPP) on cybersecurity. The requirements for such expertise shall be further specified by the Governing Board.
Amendment 337 #
2018/0328(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Industrial and Scientific Advisory Board mayshall advise the Governing Board on the establishment of working groups on specific issues relevant to the work of the Competence Centre, whenever those issues fall within the tasks and areas of competence outlined in art. 20 and where necessary under the overall coordination of one or more members of the Industrial and Scientific Advisory Board.
Amendment 341 #
2018/0328(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Industrial and Scientific Advisory Board shall adopt its rules of procedure, including the nomination of the participants of the working groups established under art. 19(2) and of the representatives that shall represent the Advisory Board where relevant and the duration of their nomination.
Amendment 344 #
2018/0328(COD)
Proposal for a regulation
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4a. The Industrial and Scientific Advisory Board shall engage closely with the cPPP.
Amendment 347 #
2018/0328(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point 1
Article 20 – paragraph 1 – point 1
(1) provide to the Executive Director and the Governing Board strategic advice and input for drafting a technology and application agenda, the work plan and multi-annual strategic plan within the deadlines set by the Governing Board; where considered appropriate by the Executive Director and the Governing Board, it shall also provide advice on procurement and deployment.
Amendment 349 #
2018/0328(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point 2
Article 20 – paragraph 1 – point 2
(2) organise public consultations, when necessary in coordination with the cPPP, open to all public and private stakeholders having an interest in the field of cybersecurity, in order to collect input for the strategic advice referred to in paragraph 1;
Amendment 351 #
2018/0328(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point 3 a (new)
Article 20 – paragraph 1 – point 3 a (new)
(3a) participate, through the presence of its chair, to the meetings of the Governing Board, whenever the topic under examination falls within its competence areas as defined in Art. 20.
Amendment 60 #
2018/0254(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) As the Fund aims at enhancing the competitiveness, efficiency and autonomy of the Union's defence industry, only entities established in the Union or associated countries and not subject to control by non-associated third countries or non-associated third country entities should in principle be eligible for support. Additionally, in order to ensure the protection of essential security and defence interests of the Union and its Member States, the infrastructure, facilities, assets and resources used by the recipients and their subcontractors in actions supported by the Fund should not be located on the territory of non-associated third countries.
Amendment 62 #
2018/0254(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In certain circumstances, if this is necessary for achieving the objectives of the action, it should be possible to derogate from the principle that recipients and their subcontractors should not be subject to control by non-associated third countries or non-associated third country entities. In that perspective, legal entities established in the Union that are controlled by a non- associated third country or a non- associated third country entity can be eligible if relevant and strict conditions relating to the security and defence interests of the Union and its Member States are fulfilled. TSince the defence sector represents a particularly sensitive domain with considerable implications for the security and technological autonomy of the Union, Member States should apply at national level measures apt to ensure a uniform degree of control over the beneficiaries’ activity, being them controlled by an entity established in the European Union or in a third country. In all cases, the participation of such entities should not contravene the objectives of the Fund. Applicants should provide all relevant information about the infrastructure, facilities, assets and resources to be used in the action.
Amendment 121 #
2018/0254(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Applicants and their subcontractors shall be eligible for funding provided that they are established in the Union or in an associated country, have their executive management structures in the Union or in an associated country and are not controlled by a non-associated third country or by a non-associated third country entity.
Amendment 122 #
2018/0254(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. With the aim at preserving the Union’s security interests, all beneficiaries will undergo controls and checks in line with the appropriate measures established at the national level, capable of guaranteeing a uniform degree of control over the activities of the beneficiary itself. This shall apply to beneficiaries controlled by an entity established in the European Union as well as to those controlled by an entity established in a third country. The measures shall in particular substantiate that, for the purpose of the actions, provisions are in place to ensure that: a) control over the undertaking is not exercised in a manner that restrains or restricts its ability to carry out the action and to deliver results, that imposes restrictions concerning its infrastructure, facilities, assets, resources, intellectual property or know-how needed for the purpose of the action, or that undermines its capabilities and standards necessary to carry out the action; (b) access by a third country or by a third country entity to sensitive information relating to the action is prevented and the employees or other persons involved in the action have national security clearances, where appropriate; (c) ownership of the intellectual property arising from, and the results of, the action remain within the beneficiary during and after completion of the action, are not subject to control or restriction by a third country or by a third country entity, and are not exported outside the Union nor is access to them from outside the Union granted without the approval of the Member State in which the undertaking is established and in accordance with the objectives set out in Article 3.
Amendment 124 #
2018/0254(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. By derogation from paragraph 1, an applicant established in the Union or in an associated country and controlled by a non- associated third country or a non- associated third country entity may be eligible for funding if this is necessary for achieving the objectives of the action and provided that its participation will not put at risk the security interests of the Union and its Member States. In order to ensure protection of the security interests of the Union and its Member States, the call for proposals shall require the applicant to provide information demonstrating notably that:
Amendment 127 #
2018/0254(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) the control over the applicant will not be exercised in a manner that restricts in any way its ability to perform and complete the actionconditions set under paragraph 10 (1a), a), b) and c) are fulfilled;
Amendment 129 #
2018/0254(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) the access by non-associatedat theird countries or by non-asso participated third country entities to classified and non- classified sensitive information relating to the action will be prevented; and theion to the Fund is solely directed to achieve competitive commercial objectives and not to peursons involved in the action will have national security clearance issued by a Member State or associated country;ue the strategic interests and goals of a third country government […]
Amendment 130 #
2018/0254(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) the results of the action shall remain within the beneficiary and shall not be subject to control or restrictions by non-associated third countries or other non-associated third country entities during the action and for a specified period after its completion;beneficiary does not benefit from undue competitive advantage due to subsidies, protection or below-market financing conditions obtained through the support of the controlling government.
Amendment 134 #
2018/0254(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. All infrastructure, facilities, assets and resources used in actions financed under the Fund shall be located on the territory of the Union or associated countries. Furthermore, when performing an eligible action, beneficiaries and their subcontractors shall cooperate only with legal entities established in the Union or in an associated country and not controlled by non-associated third countries or non- associated third country entities.
Amendment 147 #
2018/0254(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Unless otherwise provided for in the work programme referred to in Article 27, tThe action shall be undertaken in a cooperation of at least three legal entities which are established in at least three different Member States and/or associated countries. At least three of these eligible entities established in at least two Member States and/or associated countries shall not, during the whole implementation of the action, be effectively controlled, directly or indirectly, by the same entity, and shall not control each other.
Amendment 152 #
2018/0254(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 167 #
2018/0254(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) for actions defined in Article 11(3) f) to h) the financial assistance of the Fund shall not exceed 8100% of the eligible costs of the action.
Amendment 171 #
2018/0254(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Indirect eligible costs shall be determined by applying a flat rate of 25 % of the totccordance with the beneficiary's usual cost accounting practices on the basis of actual indirect eligible costs, excluding direct eligible costs for subcosts provided that these cost accountracting, financial support to third paring practices are accepted by national authorities aund any unit costs or lump sums which include indirect costser comparable funding schemes in accordance with Article [185] of the Financial Regulation and communicated to the Commission.
Amendment 172 #
2018/0254(COD)
2. Where appropriShould the beneficiary not be able to calculate, indirect eligible costs beyond the flat rate of 25 % may be determined in accordance with the beneficiary's usual cost accounting practices on the basis of actubasis of cost accounting practices referred to in Article 16(1), indirect eligible costs may be determined by applying a flat rate of 25 % of the total indirect costs provided that these cost accounting practices are accepted by national authorieligible costs, excluding direct eligible costs for subcontracting, financial support to third parties uander comparable funding schemes in accordance with Article [185] of the Financial Regulation and communicated to the Commission any unit costs or lump sums which include indirect costs. This will be allowed when the beneficiary is an SME or in the absence of accepted practices at national level.
Amendment 745 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point vi a (new)
Article 9 – paragraph 2 – point b – point vi a (new)
(via) actions improving and maintaining the quality of existing infrastructure in terms of safety, security and continuity of traffic flows and mitigation of exposure to negative effects of transiting rail and road transport, especially in urban areas;
Amendment 1173 #
2018/0228(COD)
Proposal for a regulation
Annex I – part III – point 2 – table
Annex I – part III – point 2 – table
Dublin – Strabane – Letterkenny Road Road Pau – Huesca Rail Rail Lyon – CH border Rail Rail Athus – Mont-Saint-Martin Rail Rail Antwerpen – Duisburg Rail Rail Mons - Valenciennes Rail Gent – Terneuzen Rail Heerlen – Aachen Rail Groningen – Bremen Rail Stuttgart – CH border Rail Berlin – Rzepin/Horka – Wrocław Rail Prague – Linz Rail Villach – Ljubljana Rail Pivka – Rijeka Rail Plzeň – České Budějovice – Wien Rail Wien - Gyor Rail Graz - Gyor Rail Neumarkt-Kalham - Mühldorf Rail Amber Corridor PL-SK-HU Rail Via Carpathia Corridor BY/UA border-PL-SK-HU-RO Road Budapest – Osijek – Svilaj (BiH border) Road Faro – Huelva Rail Porto – Vigo Rail Giurgiu – Varna/Bourgas Rail Svilengrad – Pithio Rail Gallarate/Sesto C. – Laveno/Luino Rail
Amendment 80 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/103/EC
Article 1 – point 1 a
Article 1 – point 1 a
1a. ‘'use of a vehicle’ means any use of such vehicle, intended normally to serve as a means of transport, that is consistent with the normal function of that vehicle, traffic, that is, at the time of the accident, consistent with the vehicle’s function, as means of transport, that is irrespective of the vehicle'’s characteristics and irrespective of the terrain on which the motor vehicle is used and of whether it is stationary or in motion.;
Amendment 112 #
2018/0145(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Detailed technical requirements and specific adequate test procedures for type- approval of motor vehicles and their trailers, and of systems, components and separate technical units should be laid down in delegated implementing acts before the date of application of this Regulation. Moreover, manufacturers should be allowed sufficient time to adapt to the requirements of this Regulation and the delegated implementing acts adopted pursuant to it. Some vehicles are produced in small quantities. Therefore, it is appropriate that requirements set out in this Regulation and its implementing measures, take into account such vehicles or classes of vehicles where such requirements are incompatible with the use or design of such vehicles, or where the additional burden imposed by them is disproportionate. Therefore, the application of this Regulation should be deferred,
Amendment 114 #
2018/0145(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Detailed technical requirements and specific test procedures for type-approval of motor vehicles and their trailers, and of systems, components and separate technical units should be laid down in delegated acts before the date of application of this Regulation. Moreover, manufacturers should be allowed sufficient time to adapt to the requirements of this Regulation and the delegated acts adopted pursuant to it. Some vehicles are sold and produced in small quantities. Therefore, it is appropriate that requirements set out in this Regulation and its implementing measures, take into account such vehicles or classes of vehicles where such requirements are incompatible with the use or design of such vehicles, or where the additional burden imposed by them is disproportionate. Therefore, the application of this Regulation should be deferred, .
Amendment 122 #
2018/0145(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 3
Article 3 – paragraph 2 – point 3
(3) ‘intelligent speed assistance’speed limit information system’ (meaning ‘intelligent speed assistance’ in a way of informing about the current speed limit) means a system to aid the driver in observing the appropriate speed for the road environment by providing haptic feedback through the accelerator pedal with speed limit information obtained through observation of road signs and signals, based on infrastructure signals or electronic map data, or both, made available in- vehicle;
Amendment 131 #
2018/0145(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 6
Article 3 – paragraph 2 – point 6
Amendment 140 #
2018/0145(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 8
Article 3 – paragraph 2 – point 8
(8) ‘reversing detection’ means a camera or monitor, optical or detection system to make the driver aware of people and objects at the rear of the vehicle with the primary aim to avoid collisions upon reversing;
Amendment 145 #
2018/0145(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 11
Article 3 – paragraph 2 – point 11
(11) ‘lane-keeping system’ means a system monitoring the position of the vehicle with respect to the lane boundary and issuing a warning or applying a torque to the steering wheelsystem, or pressure to the brakes, at least when a lane departure occurs or is about to occur and a collision may be imminent;
Amendment 167 #
2018/0145(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Vehicles of categories M1 and N1 shall be equipped with an accurate tyre pressure monitoring system capable of giving an in-vehicle warning to the driver when a loss of pressure occurs in a tyre, in the interests of optimum fuel consumption and road safety, over a wide range of road and environmental conditions.
Amendment 168 #
2018/0145(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 177 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) intelligent speed assistancespeed limit information system;
Amendment 182 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 189 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Intelligent speed assistanceSpeed limit information systems shall have the following minimum specifications:
Amendment 195 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) it shall be possible for the driver to feel through the accelerator pedal that the applicable speed limit is reached or exceededable to indicate the current speed limit at any time in the vehicle;
Amendment 201 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) it shall not be possible for the driver to switch off or supress the system;
Amendment 213 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) where a cruise control system or a speed limiter is engaged, the intelligcurrent speed assistance system must automatically adapt to any lower speed limitlimit can be adapted by the driver.
Amendment 234 #
2018/0145(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Vehicles of categories M1 and N1 shall be equipped with a lane-keeping system or lane departure warning system.
Amendment 240 #
2018/0145(COD)
Proposal for a regulation
Article 7 – paragraph 4 – point a
Article 7 – paragraph 4 – point a
(a) it shall be possible to switch off systems only one at a time, and only at standstill with the parking brake engaged, by a complex sequence of actions to be carried out by the driver;
Amendment 247 #
2018/0145(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. Lane-keeping systems shall apply dynamic corrections to the vehicle’s path from 70 km/h to 130 km/h.
Amendment 257 #
2018/0145(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 277 #
2018/0145(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Vehicles of categories M2, M3, N2 and N3 shall be designed and constructed so as to enhance the direct visibility of vulnerable road users from the driver seat. This should be done for new types of cabs only.
Amendment 302 #
2018/0145(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
It shall apply from [PO: Please insert the date 36 months following the date of entry into force of this Regulation]. The delegated acts referred to in Article 12 shall be published at least 24 months before their application.
Amendment 310 #
2018/0145(COD)
Proposal for a regulation
Annex II – Table – subheading 1 – line 18
Annex II – Table – subheading 1 – line 18
Applies to vehicle categories UN Regulation No Frontal off-set impact M1 and N1 with a maximum A A 94 mass ≤3 2.500 kg
Amendment 311 #
2018/0145(COD)
Proposal for a regulation
Annex II – Table – subheading 1 – line 23
Annex II – Table – subheading 1 – line 23
Side impact, applies to all vehicles of categories M1 and UN Regulation No Side impact N1 inexcluding those with R point A A A 95 point of the lowest seat > 700 mm mm from ground level
Amendment 312 #
2018/0145(COD)
Proposal for a regulation
Annex II – Table – subheading 2 – line 2
Annex II – Table – subheading 2 – line 2
Amendment 325 #
2018/0145(COD)
Proposal for a regulation
Annex II – Table – subheading 3 – line 3
Annex II – Table – subheading 3 – line 3
Amendment 327 #
2018/0145(COD)
Proposal for a regulation
Annex II – Table – subheading 3 – line 14
Annex II – Table – subheading 3 – line 14
Amendment 335 #
2018/0145(COD)
Proposal for a regulation
Annex II – Table – subheading 5 – line 3
Annex II – Table – subheading 5 – line 3
Amendment 351 #
2018/0145(COD)
Proposal for a regulation
Annex III – point 3 – point b
Annex III – point 3 – point b
Amendment 352 #
2018/0145(COD)
Proposal for a regulation
Annex III – point 5 – point b
Annex III – point 5 – point b
Amendment 69 #
2018/0112(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Operating system providers play also a crucial role as an intermediary between content providers and consumers. The main purpose of an operating system is to control the basic functions of a device and enable the user to make use of such a device and run application software on it. However, operating systems are usually proposed with a set of accessory by-default application software in order to offer the consumer a turnkey device. This can shape deeply the choice of applications used by consumers later on. Moreover, operating systems also handle the way those applications can be run on the device and act as a key platform between application developers and consumers. As operating system providers are often vertically integrated with application developers, issues can arise notably regarding the possibility of a differentiated treatment between native and third-party applications; Increasing transparency would help prevent unfair commercial behaviours.
Amendment 78 #
2018/0112(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Online intermediation services, operating systems and online search engines, as well as the commercial transactions facilitated by those services, have an intrinsic cross- border potential and are of particular importance for the proper functioning of the Union’s internal market in today’s economy. The potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market. In addition, the full realisation of that potential is hampered, and the proper functioning of the internal market is negatively affected, by diverging laws of certain Member States which, with a varying degree of effectiveness, regulate those services, while other Member States are considering adopting such laws.
Amendment 90 #
2018/0112(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Since online intermediation services, operating systems and online search engines typically have a global dimension, this Regulation should apply to providers of those services regardless of whether they are established in a Member State or outside the Union, provided that two cumulative conditions are met. Firstly, the business users or corporate website users should be established in the Union. Secondly, the business users or corporate website users should, through the provision of those services, offer their goods or services to consumers located in the Union at least for part of the transaction. Such consumers should be located in the Union, but do not need to have their place of residence in the Union nor have the nationality of any Member State. Accordingly, this Regulation should not apply where the business users or corporate websites users are not established in the Union or where they are established in the Union but where they use online intermediation services or online search engines to offer goods or services exclusively to consumers located outside the Union or to persons who are not consumers.
Amendment 136 #
2018/0112(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Ensuring transparency in the general terms and conditions can be essential to promoting sustainable business relationships and to preventing unfair behaviour to the detriment of business users. Providers of online intermediation services should therefore also ensure that the terms and conditions are easily available at all stages of the contractual relationship, including to prospective business users at the pre-contractual phase, and that any modifications to those terms are notified to business users within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 15 days. That notice period should not apply where, and to the extent that, it is waived in an unambiguous manner by the business user concerned or where, and to the extent that, the need to implement the modification without respecting the notice period stems from a legal obligation incumbent on the service provider under Union or national law. Business users should be entitled to terminate their agreement without payment of any fee within 30 days from the receipt of a notice of a modification which they consider being detrimental to them.
Amendment 160 #
2018/0112(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The ranking of goods and services by the providers of online intermediation services has an important impact on consumer choice and, consequently, on the commercial success of the business users offering those goods and services to consumers. Providers of online intermediation services should therefore outline the main parameters determining ranking beforehand, in order to improve predictability for business users, to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers. The notion of main parameter should be understood to refer to any general criteria, processes, specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking. The description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration, as well as of the relative effects thereof. This description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user, and their relevance to the consumers of the specific online intermediation services.
Amendment 167 #
2018/0112(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Similarly, the ranking of websites by the providers of online search engines, notably of those websites through which undertakings offer goods and services to consumers, has an important impact on consumer choice and the commercial success of corporate website users. Providers of online search engines should therefore provide a description of the main parameters determining the ranking of all indexed websites, including those of corporate website users as well as other websites. In addition to the characteristics of the goods and services and their relevance for consumers, this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether, and if so how and to what extent, certain design characteristics of the website used, such as their optimisation for display on mobile telecommunications devices, is taken into account. In the absence of a contractual relationship between providers of online search engines and corporate website users, that description should be available to the public in an obvious and easily accessible location on the relevant online search engine. To ensure predictability for corporate website users, the description should also be kept up to date, including the possibility that any changes to the main parameters should be made easily identifiable. Whilst the providers are under no circumstances required to disclose any trade secrets as defined in Directive (EU) 2016/943 of the European Parliament and of the Council23 when complying with this requirement to disclose the main ranking parameters, the description given should at least be based on actual data on the relevance of the ranking parameters used. _________________ 23 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).
Amendment 172 #
2018/0112(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
Amendment 175 #
2018/0112(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services, or does so through a business user which it controls, that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider. Such a provider may have an economic incentive and the ability to use its control over the online intermediation service to provide technical or economic advantages to its own offerings, or those offered through a business user which it controls, that it could deny to competing business users. If a provider of online intermediation services exercises this ability, its conduct may deprive such competing business users of equality of opportunity and can lead to consumer harm by reducing their choices, or withholding critical information from them. In such situations, in particular, it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment, whether through legal, commercial or technical means, that it might give in respect of goods or services it offers itself compared to those offered by business users. For purposes of this Regulation, a provider’s service competes with those of its other business users if it is regarded as interchangeable or substitutable by consumers of the online intermediation service, including by reason of the characteristics, prices, or intended uses of the services. To ensure proportionality, this obligation should apply at the level of the overall online intermediation services, rather than at the level of individual goods or services offered through those services.
Amendment 183 #
2018/0112(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
Amendment 186 #
2018/0112(COD)
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
Amendment 198 #
2018/0112(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) It is important that service providers of online intermediation services, search engines and operating systems, do not engage in unfair commercial practices (including commercial behaviour or the inclusion of unfair contractual terms) which have a detrimental impact on competition or on choice for consumers.
Amendment 201 #
2018/0112(COD)
Proposal for a regulation
Recital 21 b (new)
Recital 21 b (new)
(21b) Certain practices, such as the ones mentioned in the Annex, can be conclusively treated as unfair in all circumstances. The Platform Observatory should continuously review this list of practices and recommend updates to the Commission. As the market for online intermediation services evolves, the Commission should issue non-binding guidance on practices that may comprise unfair commercial practices.
Amendment 226 #
2018/0112(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules to ensure that business users of online intermediation services, device operating systems and corporate website users in relation to online search engines are granted appropriate transparency and effective redress possibilities.
Amendment 235 #
2018/0112(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to online intermediation services, device operating systems and online search engines provided, or offered to be provided, to business users and corporate website users, respectively, that have their place of establishment or residence in the Union and that, through online intermediation services or online search engines, offer goods or services to consumers located in the Union, irrespective of the place of establishment or residence of the providers of those services.
Amendment 238 #
2018/0112(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Regulation shall be without prejudice to national rules which, in conformity with Union law, prohibit or sanction unilateral conduct or unfair commercial practices.
Amendment 260 #
2018/0112(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3a) ‘device operating system’ means system software products that control the basic functions of a device and enable the user to make use of such a device and run application software on it.
Amendment 261 #
2018/0112(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 b (new)
Article 2 – paragraph 1 – point 3 b (new)
(3b) ‘operating systems providers’ means any natural or legal person which provides, or which offers to provide, device operating systems.
Amendment 268 #
2018/0112(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘online search engine’ means a digital service that allows users to perform searches of, in principle, all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword, vocal request, phrase or other input, and returns linksresults in any format in which information related to the requested content can be found;
Amendment 285 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Providers of online intermediation services and providers of operating systems shall ensure that their terms and conditions:
Amendment 297 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) are easily available for business users at all stages of their commercial relationship with the provider of online intermediation services or the providers of operating systems, including in the pre- contractual stage;
Amendment 308 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) set out the objective grounds for decisions to suspend or terminate, in whole or in part, the provision of their online intermediation services to business useror of providers of operating systems to business users, or any other restrictions.
Amendment 321 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
Providers of online intermediation services shalland providers of operating system shall actively notify to the business users concerned any envisaged modification of their terms and conditions.
Amendment 326 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
The envisaged modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned. That notice period shall be at least 1530 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications. The business user shall be allowed to terminate their agreement free of any charges within 30 days from the receipt of the notice, where such modifications are detrimental to the business user.
Amendment 339 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Modifications to terms and conditions implemented by a provider of online intermediation services or by providers of operating systems contrary to the provisions of paragraph 3 shall be null and void.
Amendment 345 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Paragraph 3 shall not apply where a provider of online intermediation services or a provider of operating systems is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3.
Amendment 350 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 1 (new)
Article 3 – paragraph 5 – subparagraph 1 (new)
5a. Without prejudice to EU and national rules concerning illegal content, if the terms and conditions have been modified in order to protect the legitimate interest of the consumers or of the provider of online intermediation services, in response to practices that can cause immediate harm to consumers, intermediary service providers or providers of operating systems shall apply a 15 days’ notice period for application of the new terms and conditions.
Amendment 379 #
2018/0112(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Article 4.1 shall not apply where a provider of online intermediation services is subject to a legal obligation to sanction, suspend, or terminate, in whole or in part, the provision of its online intermediation services to a given business, or does so in order to fight against illicit content. In such cases, the business user shall be notified without undue delay.
Amendment 423 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. (a) Providers of online search engines shall notify to corporate website users, in a reasonable notice period, any changes to ranking mechanism referred to in article 5.2. (b) Providers of online search engines shall set out for corporate website users a description of any differentiated treatment which they give, or may give, in relation to, on the one hand, good and services offered to consumers through those online search engines services by either that provider itself or any business users which that provider controls and, on the other hand, other websites users. It shall be clearly indicated, with a specific symbol or any other tool, where provider of online search engines itself, or any business users, which that provider controls partially or entirely, offer goods and services to consumers through online search engines services. (c) Providers of online search engines shall set out for corporate website users an easily accessible internal system allowing websites users to enter into contact with them.
Amendment 441 #
2018/0112(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Providers of online search engines shall apply fair treatment and ranking criteria on a non-discriminatory basis to all corporate website users, including to corporate website users that a provider controls directly or indirectly. In particular, the same underlying processes and methods for the positioning and display in the general search results pages shall be applied. Those include all elements that have an impact on the visibility, triggering, ranking or graphical format of a search result in the providers’ general search results pages.
Amendment 445 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Providers of online intermediation services and providers of operating systems shall include in their terms and conditions a description of any differentiated treatment which they give, or may give, in relation to, on the one hand, goods or services offered to consumers through those online intermediation services or operating systems by either that provider itself or any business users which that provider controls and, on the other hand, other business users.
Amendment 457 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The description referred to in paragraph 1 shall cover at least, where applicable, any differentiated treatment through specific measures taken by, or the behaviour of, the provider of the online intermediation services or of the operating system relating to any of the following:
Amendment 459 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) access that the provider, or that the business users which that provider controls, may have to any personal data or other data, or both, which business users or consumers provide for the use of the online intermediation services or of the operating system concerned or which are generated through the provision of those services;
Amendment 464 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) any direct or indirect remuneration charged for the use of the online intermediation services concernedor the use of the operating systems concerned, at an ancillary services, and any technical or economic benefit it does not extend to all business users;
Amendment 473 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 (new)
Article 6 – paragraph 2 – subparagraph 1 (new)
3. To the extent a provider of online intermediation services, or of operating systems or any business user which that provider controls, offers goods or services that compete with those offered by other business users, the provider shall apply fair treatment to those other business users in such a way that it does not materially impair those business users’ ability to do business.
Amendment 475 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
Amendment 481 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Providers of online intermediation services and providers of online search engines shall include in their terms and conditions a description of the technical and contractual access, or absence thereof, of business users or corporate website users to any personal data or other data, or both, which business users or corporate website users or consumers provide for the use of the online intermediation services or online search engines concerned or which are generated through the provision of those services.
Amendment 494 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Through the description referred to in paragraph 1, providers of online intermediation services or online search engines shall adequately inform business users at least of the following:
Amendment 497 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) whether the provider of online intermediation services and the provider of online search engines has access to personal data or other data, or both, which business users or corporate website users or consumers provide for the use of those services or which are generated through the provision of those services, and if so, to which categories of such data and under what conditions;
Amendment 503 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) whether a business user has access to personal data or other data, or both, provided by that business user in connection to his or her use of the online intermediation services or online search engines concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services, and if so, to which categories of such data and under what conditions;
Amendment 511 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) whether, in addition to point (b), a business user has access to personal data or other data, or both, including in aggregated form, provided by or generated through the provision of the online intermediation services or online search engines to all of the business users and consumers thereof, and if so, to which categories of such data and under what conditions.
Amendment 548 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Providers of online intermediation services shall provide for anproviders of online search engines, and providers of operating systems shall provide for a transparent and non- discriminatory internal system for handling the complaints of business users.
Amendment 562 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. As part of their internal complaint- handling system, providers of online intermediation services, providers of online search engines, and providers of operating systems shall:
Amendment 573 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Providers of online intermediation services, providers of online search engines, and providers of operating systems shall include in their terms and conditions all relevant information relating to the access to and functioning of their internal complaint-handling system.
Amendment 581 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
Providers of online intermediation services, providers of online search engines, and providers of operating systems shall annually establish and make easily available to the public information on the functioning and effectiveness of their internal complaint-handling system.
Amendment 591 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. The provisions of this Article shall not apply to providers of online intermediation services that are small enterprises within th, providers of online mseaning of Article 2 (2) of the Annex to Recommendation 2003/361/EC29 . _________________ 29 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5/2003, p. 36)rch engines, and providers of operating systems that reach less than 5 million unique visitors a month.
Amendment 595 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1 (new)
Article 9 – paragraph 5 – subparagraph 1 (new)
Any attempt to reach an agreement through the internal complaint-handling system in accordance with this article shall not affect the rights of the providers of the online intermediation services and of the business users concerned to initiate judicial proceedings at any time during or after the process.
Amendment 606 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Providers of online intermediation services, providers of online search engines, and providers of operating systems shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, including complaints that could not be resolved by means of the internal complaint-handling system referred to in Article 9.
Amendment 611 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Providers of online intermediation services, providers of online search engines, and providers of operating systems may only identify mediators providing their mediation services from a location outside the Union where it is ensured that the business users concerned are not effectively deprived of the benefit of any legal safeguards laid down in Union law or the law of the Member States as a consequence of the mediators providing those services from outside the Union.
Amendment 614 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) their mediation services are affordable for an average business user of the online intermediation services, the online search engines, and the operating systems concerned;
Amendment 615 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) they are capable of providing their mediation services in the language of the terms and conditions which govern the contractual relationship between the provider of online intermediation services, the provider of online search engines, or the provider of operating systems and the business user concerned;
Amendment 617 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Providers of online intermediation services, providers of online search engines, and providers of operating systems shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1, with a view to reaching an agreement on the settlement of the dispute.
Amendment 633 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Providers of online intermediation services , providers of online search engines, and providers of operating systems shall bear a reasonable proportion of the total costs of mediation in each individual case. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. However, providers of online intermediation services, providers of online search engines, and providers of operating systems shall in any case bear at least half of the total cost.
Amendment 640 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Any attempt to reach an agreement through mediation on the settlement of a dispute in accordance with this Article shall not affect the rights of the providers of the online intermediation services, online search engine, or operating systems and of the business users concerned to initiate judicial proceedings at any time during or after the mediation process.
Amendment 651 #
2018/0112(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
The Commission shall encourage providers of online intermediation services, providers of online search engines, and providers of operating systems as well as organisations and associations representing them to individually or jointly set up one or more organisations providing mediation services which meet the requirements specified in Article 10(2), for the specific purpose of facilitating the out-of-court settlement of disputes with business users arising in relation to the provision of those services, taking particular account of the cross- border nature of online intermediation services, online search engines, and operating systems.
Amendment 657 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Organisations and associations that have a legitimate interest in representing business users or in representing corporate website users, as well as public bodies set up in Member States, shall have the right to take action before national courts in the Union, in accordance with the rules of the law of the Member State where the action is brought, to stop or prohibit any non- compliance by providers of online intermediation services or by providers of online search engines or by providers of operating systems with the relevant requirements laid down in this Regulation.
Amendment 693 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The right referred to in paragraph 1 shall be without prejudice to the rights of business users and corporate website users to individually take action before competent national courts, in accordance with the rules of the law of the Member State where the action is brought, to address any non-compliance by providers of online intermediation services by providers of online search engines, or by providers of operating systems with the relevant requirements laid down in this Regulation.
Amendment 701 #
2018/0112(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall encourage the drawing up of codes of conduct by providers of online intermediation services and by organisations and associations representing them, together with business users and their representative organisations, intended to contribute to the proper application of this Regulation, taking account of the specific features of the various sectors in which online intermediation services are provided, as well as of the specific characteristics of micro, small and medium-sized enterprises.
Amendment 706 #
2018/0112(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Remedies 1. Member States shall designate a body or bodies responsible for adequate and effective enforcement of this regulation. 2. Member States shall determine the sanctions applicable to infringements of the provisions contained in this Regulation and shall take all measures necessary to ensure that they are enforced. These sanctions shall be effective, proportionate and dissuasive. 3. The measures referred to in paragraph 1 shall be communicated to the Commission and made publicly available on the Commission’s website.
Amendment 713 #
2018/0112(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. By [date: threewo years after the date of entry into force], and subsequently every three years, the Commission shall evaluate this Regulation and report to the European Parliament, the Council and the European Economic and Social Committee.
Amendment 729 #
2018/0112(COD)
Proposal for a regulation
Annex – Title (new)
Annex – Title (new)
Annex Commercial practices to be regarded as unfair in all circumstances
Amendment 730 #
2018/0112(COD)
Proposal for a regulation
Annex – point a (new)
Annex – point a (new)
(a) Requiring the business user to use the online intermediation service provider's ancillary services, including payment services, without the option to use any alternative methods;
Amendment 731 #
2018/0112(COD)
Proposal for a regulation
Annex – point b (new)
Annex – point b (new)
(b) Burdening the business user with a unilateral liability clause which causes an unfair transfer of risk;
Amendment 732 #
2018/0112(COD)
Proposal for a regulation
Annex – point c (new)
Annex – point c (new)
(c) Proposing retroactive contract clauses;
Amendment 733 #
2018/0112(COD)
Proposal for a regulation
Annex – point d (new)
Annex – point d (new)
(d) Impeding consumers access to, or discovery of, products, services, or applications offered by other business users on the online service for reasons that are not objectively justifiable;
Amendment 734 #
2018/0112(COD)
Proposal for a regulation
Annex – point e (new)
Annex – point e (new)
(e) Modifying terms and conditions without informing business users concerned;
Amendment 735 #
2018/0112(COD)
Proposal for a regulation
Annex – point f (new)
Annex – point f (new)
(f) Maintaining the legal right to use the business user's confidential information after the contract between the online intermediary service provider and the business user has expired;
Amendment 736 #
2018/0112(COD)
Proposal for a regulation
Annex – point g (new)
Annex – point g (new)
(g) Any clause or practices which make it unduly difficult for a business user to terminate its relationship with an online intermediation service provider and/or use another online intermediation service.;
Amendment 737 #
2018/0112(COD)
Proposal for a regulation
Annex – point h (new)
Annex – point h (new)
(h) Impeding that consumers who access services through the online intermediation service have the right and ability to select and use the services of their choice, without facing any undue burdens;
Amendment 738 #
2018/0112(COD)
Proposal for a regulation
Annex – point i (new)
Annex – point i (new)
(i) Not providing all information necessary to enable business users to achieve a comparable level and quality of interoperability with services or functionality accessed through the service as are available to services offered by the provider itself, where a provider of online intermediation services itself offers goods or services to consumers through its own online intermediation services, or does so through a business user which it controls;
Amendment 739 #
2018/0112(COD)
Proposal for a regulation
Annex – point j (new)
Annex – point j (new)
(j) Providing any technical or economic advantage to its own services, or to services that it controls, and denying it to competing business users, where a provider of online intermediation services itself offers goods or services to consumers through its own online intermediation services, or does so through a business user which it controls;
Amendment 740 #
2018/0112(COD)
Proposal for a regulation
Annex – point k (new)
Annex – point k (new)
(k) Interfering in the commercial relationship between competing business users and consumers of their services.
Amendment 191 #
2018/0090(COD)
Proposal for a directive
Recital 44
Recital 44
(44) While off-premises sales constitute a legitimate and well-established sales channel, like sales at a trader's business premises and distance–selling, some particularly aggressive or misleading marketing practices in the context of visits to the consumer's home without the consumer's prior agreement or during commercial excursions can put consumers under pressure to make purchases of goods they would not otherwise buy and/or purchases at excessive prices, often involving immediate payment. Such practices often target elderly or other vulnerable consumers. Some Member States consider those practices undesirable and deem it necessary to restrict certain forms and aspects of off- premises sales within the meaning of Directive 2011/83/EU, such as aggressive and misleading marketing or selling of a product in the context of unsolicited visits to a consumer's home or commercial excursions, on grounds of public policy or the respect for consumers’ private life protected by Article 7 of the Charter of Fundamental Rights of the EU. In accordance with the principle of subsidiarity and in order to facilitate enforcement, it should therefore be clarified that Directive 2005/29/EC is without prejudice to Member States' freedom to make arrangements without the need for a case-by-case assessment of the specific practice, to protect the legitimate interests of consumers with regard to unsolicited visits at their private home by a trader in order to offer or sell products or in relationIn accordance with the principle of subsidiarity and in order to facilitate enforcement, it should therefore be clarified that Directive 2005/29/EC is without prejudice to Member States' freedom to make arrangements to protect the legitimate interests of consumers with regard to commercial excursions organised by a trader with the aim or effect of promoting or selling products to consumers where such arrangements are justified on grounds of public policy or the protection of private life. Any such provisions should be proportionate and not discriminatory. Member States should be required to notify any national provisions adopted in this regard to the Commission so that the Commission can make this information available to all interested parties and monitorexamine the proportionate nature and legality of those measures.
Amendment 202 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 2005/29/EC
Article 3 – paragraph 5
Article 3 – paragraph 5
This Directive does not prevent Member States from adopting provisions to protect the legitimate interests of consumers with regard to aggressive or misleading marketing or selling practices in the context of unsolicited visits by a trader to a consumer's home, or with regard tospecifically defined commercial practices that are identified as aggressive or misleading in the context of commercial excursions organised by a trader with the aim or effect of promoting or selling products to consumers, provided that such provisions are justified on grounds of public policy or the protection of the respect for private lifeproportionate, non- discriminatory and justified by overriding reasons in the public interest.
Amendment 101 #
2018/0082(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium-sized enterprise, as well as to the services related to those products, by a supplier to a buyer that is not a small and medium-sized enterprise.
Amendment 113 #
2018/0082(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) “buyer” means any natural or legal person established in the Union who buys food productwhich is not a small and medium- sized enterprise, irrespective of their place of establishment, who buys food products for processing or distribution in the Union and provides services to suppliers by way of trade. The term "buyer" may include a group of such natural and legal persons; , including those that only provide services to suppliers.
Amendment 144 #
2018/0082(COD)
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Amendment 167 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) partial or total reduction of purchases under existing contracts in order to impose an amendment to an existing contract or to negotiate a new contract.
Amendment 194 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Amendment 195 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. The buyer shall inform the supplier of any differentiated treatment which the buyer gives, or intends to give, in relation to competing brands owned or managed by it. Such differentiated treatment shall include at least any specific measures or behaviour on the part of the buyer relating to listing, store- space or commercial margins.
Amendment 196 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 c (new)
Article 3 – paragraph 1 c (new)
1c. A buyer shall not threaten to, or actually, execute commercial retaliation against the supplier if the latter exercises its contractual and legal rights, including the filing of complaints and cooperation with national enforcement authorities.
Amendment 197 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 d (new)
Article 3 – paragraph 1 d (new)
1d. A buyer shall not undertake communication or promotional activities or commercial policies which are, or which risk being, detrimental to the image of products bearing a geographical indication under Regulation (EU) No 1151/2012, Regulation (EC) No 110/2008 or Regulation (EU) No 251/2014.
Amendment 198 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. Member States shall ensure that the following trading practices are prohibited, if they are not agreed in clear and unambiguous terms at the conclusion of the supply agreement and the ensuing payments from the supplier to the buyer are not strictly related to the cost incurred by the buyer, or if they are the result of the economic dependence of the supplier on the buyer, which enabled the buyer to impose those terms:
Amendment 231 #
2018/0082(COD)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4 a Competent authority 1. The enforcement authority of the Member State in which a buyer suspected to have engaged in a prohibited trading practice is established, shall be competent to investigate unfair trading practices committed by the buyer. 2. If a supplier delivers its products to a recipient related to the buyer but established in a Member State which does not correspond to the place of establishment of the buyer suspected to have engaged in a prohibited trading practice, the enforcement authority of that Member State shall be competent to investigate unfair trading practices committed by the buyer. The recipient of the products shall be considered as jointly liable for any infringements committed. 3. Where the buyer is established outside the Union, the enforcement authority of the Member State where the supplier is established shall be competent to investigate unfair trading practices committed against the supplier. 4. The competent authority pursuant to paragraphs 1 to 3 shall also be competent to investigate unfair trading practices related to the provision of services linked to the supply agreement. The buyer and, as the case may be, the third-party recipient of the goods shall be considered as jointly liable for any infringements committed by a third-party provider of related services.
Amendment 122 #
2017/2083(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the urgent need to increase the capacities of developing countries and cooperation between the EU and Africa in the field of security and in combating organised crime and, trafficking in human beings and smuggling of migrants, with particular regards to children, who are vulnerable to sexual exploitation and abuse;
Amendment 156 #
2017/2083(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Emphasises the importance of maximizing budgetary resources and mobilizing new sources of development financing to help African countries meet Sustainable Development Goals and the objectives of Agenda 2063;underlines the need to ensure efficient and transparent management of government budgets and strengthen public financial management systems, particularly to adequately invest in social sectors, especially for children and youth;
Amendment 200 #
2017/2083(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses also the importance of high-quality education at all levels, and the need for young people to be connected to global realities and to have skills which meet the needs of the market, by promoting and supporting vocational trainingacquire the necessary skills to match the current and future labour market needs, by strengthening Africa's educational and vocational learning system, including through curricula reforms and access to technology;
Amendment 217 #
2017/2083(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Considers it important to support African countries in establishing effective health systems; in particular underlines the need to train an additional one million more skilled health professionals than it is set to on current trends to meet the minimum WHO standard by 2030;
Amendment 223 #
2017/2083(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Underlines the importance to protect children and women from violence and exploitation, especially as regards child marriage and harmful practices, such as female genital mutilation, and to enhance access to reproductive health services for women and girls;
Amendment 2 #
2017/2073(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas services account for 71% of the GDP and 68% of total employment, the full potential of the Single Market in services still remains unfulfilled;
Amendment 8 #
2017/2073(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas smart regulation can have positive effects on the European market and deregulation should therefore not be the overall aim;
Amendment 9 #
2017/2073(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas in many cases, regulation of professional services can be justified, for example when it aims at protecting a number of general interest objectives, it nevertheless needs to be adjusted regularly to take into consideration technological, societal or market developments;
Amendment 10 #
2017/2073(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Directive 2005/36/EC was amended in 2013, with the objective to achieve a proportionate regulatory framework, justified by general interests objectives, introducing in Article 59 a transparency and mutual evaluation exercise for all regulated professions in the Member States, whether they are regulated on the basis of national rules or on the basis of rules harmonised at EU level;
Amendment 13 #
2017/2073(INI)
Da. whereas Member States were required to submit national action plans (NAPs) to the Commission by 18 January 2016 with information on decisions on maintaining or amending professional regulations; whereas there are still 6 Member States that have not submitted their NAPs;
Amendment 25 #
2017/2073(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the Commission initiative providing guidance for Member States in the context of the mutual evaluation exercise, including the organisation of in-depth discussions with national authorities;
Amendment 29 #
2017/2073(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that it will help Member States to exchange on best practices and better understand their regulatory choices taking into consideration the fact that some Member States foresee a higher level of state intervention in regulated professions than others;
Amendment 36 #
2017/2073(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that Member States have faced significant challenges in notifying information about the professions they regulate and the requirements for accessing those professions; calls on Member States and the Commission to significantly improve notification procedures;
Amendment 45 #
2017/2073(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that not all Member States have submitted a National Action Plan (NAP) as required by Directive 2005/36/EC and that the levels of depth and detail of the NAPs submitted differ; calls on those Member States that have not submitted their NAP yet to proceed without any due delay, as only with complete information from all Member States, the Commission can present a full picture on regulated professions at the EU level;
Amendment 63 #
2017/2073(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Believes that making regulation on professional services more proportionate and adapted to market reality may result in improved market dynamics, lower prices to consumers and improved performance of sector efficiency;
Amendment 88 #
2017/2073(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. States that reform recommendations cannot replace enforcement action by the Commission and calls on the Commission to make use of instruments such as infringement procedures for enforcement;
Amendment 100 #
2017/2073(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Notes that the restrictiveness indicator only takes into account quantitative data and not qualitative data; states that the restrictiveness indicator can therefore only be seen as an indicative tool and does not permit to draw conclusions on the overall regulatory intensity in the Member States;
Amendment 103 #
2017/2073(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that the overall analysis of the impact of the regulations in Member States should be subject not only to a quantitative but also to a qualitative assessment encompassing the general interest objectives and the quality of the service provided;
Amendment 92 #
2017/2003(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises the need to consider the collaborative economy not only as a business model but also as a new form of integration between the economy and society which is able to embed economic relations within social ones and to create new forms of community; points to the need, however, to distinguish between the various forms of collaborative systems, which can offer services involving donation, exchange, repayment of expenses incurred, and the market, ranging from actual sharing to profit- making activity, and including peer-to- peer collaboration and services provided by professional operators;
Amendment 203 #
2017/2003(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to clarify the collaborative platforms liability regime, which could in order to enhance responsible behaviour by platforms and increase user confidence;
Amendment 273 #
2017/2003(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses, further, the urgent need for collaboration between the competent authorities and collaborative platforms on tax compliance and collection, and asks for the latter to play an active roleto determine the role which collaborative platforms must play in order to ensure tax compliance and collection;
Amendment 280 #
2017/2003(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Encourages the Member States to agree on a uniform set of information that businessepeers, professional service operators, businesses, and collaborative platforms must disclose to tax authorities in the framework of their tax information duties;
Amendment 287 #
2017/2003(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Agrees that functionally similar tax obligations should be applied to businesses providing comparable servicespeers, professional service operators, businesses, and collaborative platforms providing comparable services, whether in the traditional economy or in the sharing economy, and is convinced that taxes should be paid where profits are generated;
Amendment 1 #
2017/2002(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission proposals for actions to reduce disparity in education and disadvantages throughout the lifetime of a person, but draws attention to a number of administrative ‘bottlenecks’ which are slowing progress in attaining those objectives in relation to mobility, recognition of qualifications and the social dimension;
Amendment 11 #
2017/2002(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that there are still administrative obstacles to the cross- border mobility of professionals;
Amendment 16 #
2017/2002(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls, to that end, for the systematic use ofMember States to ensure that the Internal Market Information System (IMI) functions properly in order to ensure better administrative cooperation and simpler and faster procedures for the recognition of professional qualifications and continuous professional development requirements of qualified professionals planning to work in another Member State, and to prevent discrimination of all kinds;
Amendment 34 #
2017/2002(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to provide significant support for the development of digital abilities in all age groups, irrespective of employment status, as a first step towards the better alignment of labour market shortages and demand; to that end, encourages the Commission to increase the funding under Horizon 2020, fostering inclusive, innovative and reflective European societies to get the elderly, the unemployed and poorly educated, migrants, people in need of care, people living in remote or poorer areas, and persons with disabilities, and the homeless to fully participate in society and the labour market;
Amendment 42 #
2017/0354(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Obstacles to the free movement of goods between Member States may be unlawfully created if, in the absence of Union harmonisation rules covering goods or a certain aspect of goods, a Member State's competent authority applies national rules to goods of that type lawfully marketed in another Member State, requiring the goods to meet certain technical requirements, for example requirements relating to designation, form, size, weight, composition, presentation, labelling or packaging, request for additional testing and/or duplication of tests. The application of such rules to goods lawfully marketed in another Member State could be contrary to Articles 34 and 36 of the Treaty even if the rules apply without distinction to all goods.
Amendment 49 #
2017/0354(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The concept of overriding reasons of public interest is an evolving concept developed by the Court of Justice in its case-law in relation to Articles 34 and 36 of the Treaty. This concept covers, inter alia, the effectiveness of fiscal supervision, the fairness of commercial transactions, protection of consumers, protection of the environment, the maintenance of press diversity and the risk of seriously undermining the financial balance of the social security system. Such overriding reasons, where legitimate differences exist fromare proven by one Member State to another, may justify the application of national rules by the competent authorities. However, such decisions need to be duly justified, the existence of the overriding reason has to be properly proven, and the principle of proportionality must always be respected, regard being had to whether the competent authority has in fact made the least restrictive decision possible. Furthermore, administrative decisions restricting or denying market access in respect of goods lawfully marketed in another Member State must not be based on the mere fact that the goods under assessment fulfil the legitimate public objective pursued by the Member State in a different way from the way that domestic goods in that Member State fulfil that objective. Member States shall provide a written assessment.
Amendment 60 #
2017/0354(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The evidence required to demonstrate that goods are lawfully marketed in another Member State varies significantly from Member State to Member State. This causes unnecessary burdens delays and additional costs for economic operators, while preventing national authorities from obtaining the information necessary for assessing the goods in a timely manner. This may inhibit application of the mutual recognition principle. It is therefore essential to make it easier for economic operators to demonstrate that their goods are lawfully marketed in another Member State. Economic operators should be able to benefit from a process of self-declaration, which should provide competent authorities with all necessary information on the goods and on their compliance with the rules applicable in that other Member State. The use of the declaration does not prevent national authorities from taking a decision restricting market access, on the condition that such a decision is: a) proportionate and; b) duly justified; c) the reason for denying market access is fully proven; d) it respects the mutual recognition principle and this Regulation.
Amendment 77 #
2017/0354(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Where producers decide not to make use of the mutual recognition declaration mechanism, it should be for the Member State to request the information that it considers necessary for the assessment of the goods, taking due account of the principle of proportionality and without imposing excessive burdens on companies.
Amendment 88 #
2017/0354(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Regulation (EC) No 765/2008 of the European Parliament and of the Council23 establishes a system of accreditation which ensures the mutual acceptance of the level of competence of conformity assessment bodies. The competent authorities of Member States shouldall therefore not refuse test reports and certificates issued by an accredited conformity assessment body on grounds related to the competence of that body. Furthermore, in order to avoid as far as possible the duplication of tests and procedures which have been already carried out in another Member State, Member States shouldall also accept test reports and certificates issued by other conformity assessment bodies in accordance with Union law. Competent authorities should bare required to take due account of the content of the test reports or certificates presented without requesting duplication of testing. _________________ 23 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
Amendment 100 #
2017/0354(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) It is important for the internal market in goods that businesses, and in particular SMEs, can obtain reliable and specific information about the law in force in a given Member State. Product Contact Points should play an important role in facilitating communication between national authorities and economic operators, by disseminating information about specific product rules and how mutual recognition is applied in their territory. Therefore, it is necessary to enhance the role of Product Contact Points as the principal providers of information on all product-related rules, including national rules covered by mutual recognition. The European Commission should establish and support a dissemination program to the benefit of SMEs in cooperation with Member States and Trade Associations.
Amendment 102 #
2017/0354(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In order to facilitate the free movement of goods, Product Contact Points should bare required to provide information, free of charge, on their national technical rules and the application of the principle of mutual recognition. Product Contact Points should be adequately equipped and resourced. In accordance with Regulation [Single Digital Gateway – COM(2017)256] they should provide information through a website and be subject to the quality criteria required by that Regulation, and be subject to the quality criteria set out in that Regulation.
Amendment 106 #
2017/0354(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) For the purposes of raising awareness about the mutual recognition principle and ensuring that this Regulation is applied correctly and consistently, the Union should finance awareness-raising campaigns and other related activities aiming at enhancing trust and cooperation between competent authorities, trade associations and economic operators.
Amendment 108 #
2017/0354(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
The aim of this regulation is to strengthen the functioning of the internal market by improving the functioning of the mutual recognition principle and by removing unjustified barriers to trade.
Amendment 111 #
2017/0354(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. Referred to in point 2, this Regulation does not apply to the construction materials sector referred to the Regulation 2011/305.
Amendment 116 #
2017/0354(COD)
Proposal for a regulation
Article 2 – paragraph 6 – point b a (new)
Article 2 – paragraph 6 – point b a (new)
(ba) construction products.
Amendment 119 #
2017/0354(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) 'legitimate public interest ground' means any of the grounds set out in Article 36 of the Treaty or any other overriding reasons of public interest as defined by the European Court of Justice in its case-law in relation to Article 34and 36 of the Treaty.
Amendment 160 #
2017/0354(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point a
Article 4 – paragraph 8 – point a
(a) any relevant information concerning the characteristics of the goods or type of goods in question that is necessary for the assessment;
Amendment 164 #
2017/0354(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point b
Article 4 – paragraph 8 – point b
(b) any relevant information on the lawful marketing of the goods in another Member State that is necessary for the assessment;
Amendment 169 #
2017/0354(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point c
Article 4 – paragraph 8 – point c
(c) any other informatiowhen the competent authority considers useful for the purposes of its assessmentthat additional information is necessary for the purposes of its assessment, such request shall be accompanied by a justification.
Amendment 183 #
2017/0354(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. In carrying out assessments under paragraph 1, the competent authorities of Member States shall take due account ofrecognise the content of test reports or certificates issued by a conformity assessment body and provided by any economic operator as part of the assessment. Competent authorities of Member States shall not refuse certificates or test reports issued by a conformity assessment body accredited for the appropriate field of conformity assessment activity in accordance with Regulation (EC) No 765/2008 on grounds related to the competence of that body.
Amendment 186 #
2017/0354(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Where, on completion of an assessment under paragraph 1, the competent authority of a Member State takes an administrative decision with respect to the goods, it shall communicate its decision winot later thian 2015 working days to the relevant economic operator referred to in paragraph 1, to the Commission and to the other Member States. Notification to the Commission and to the other Member States shall be done by means of the system referred to in Article 11.
Amendment 195 #
2017/0354(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point e
Article 5 – paragraph 5 – point e
(e) the evidence demonstrating that the decision is appropriate for the purpose of achieving the objective pursued and that it does not go beyond what is necessary in order to attain that objective and less trade-restrictive.
Amendment 199 #
2017/0354(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. While the competent authority of a Member State is carrying out an assessment of goods pursuant to Article 5, it shall not temporarily suspend the making available of those goods on the domestic market in that Member State, except in one or the other of the following situations:the situation where under normal or reasonably foreseeable conditions of use, the goods pose a serious risk, including one where the effects are not immediate, which requires rapid intervention by the competent authority.
Amendment 203 #
2017/0354(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 207 #
2017/0354(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 210 #
2017/0354(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The competent authority of the Member State shall immediately notify the relevant economic operator, the Commission and the other Member States of any suspension pursuant to paragraph 1. The notification to the Commission and other Member States shall be made by means of the system referred to in Article 11. In cases falling within point (a) of paragraph 1 of this Article, tThe notification shall be accompanied by a detailed technical or scientific justification demonstrating whythat the case is considered to fall within that pointgoods pose a serious risk.
Amendment 249 #
2017/0354(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. The Union mayshall finance the following activities in support of this Regulation:
Amendment 253 #
2017/0354(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) education and training including trade association and public officials;
Amendment 143 #
2017/0353(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The identification and traceability of products is a necessary prerequisite for verifying whether the compliance requirements laid down by this Regulation are respected.
Amendment 144 #
2017/0353(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) Economic operators must always be able to identify their suppliers and downstream operators to whom a particular product has been supplied. Products should therefore bear information enabling them, their manufacturer and, where applicable, their importer to be identified.
Amendment 145 #
2017/0353(COD)
Proposal for a regulation
Recital 11 c (new)
Recital 11 c (new)
(11c) As the indication of the country of origin helps to identify the actual place of manufacture, and as such information can facilitate the task of the market surveillance authorities in identifying the actual place of manufacture, the indication of origin should be added to the basic traceability requirements concerning the name and address of the manufacturer.
Amendment 175 #
2017/0353(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
It also provides a framework for the market surveillance and traceability of such products to ensure that those products fulfil requirements providing a high level of protection of public interests such as health and safety in general, health and safety in the workplace, the protection of consumers, information about the country of origin, protection of the environment and security.
Amendment 188 #
2017/0353(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. This Regulation shall not apply to the construction products subject to the Regulation 2011/305.
Amendment 190 #
2017/0353(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2 a (new)
Article 3 – paragraph 1 – point 2 a (new)
(2a) ‘country of origin’ defined on the basis of the non-preferential origin rules set out in Articles 59 to 61 of Regulation (EEC) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code;
Amendment 232 #
2017/0353(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Conditions for compliance A product may be made available on the market only if the following conditions are met: (a) the product shall be marked with an indication of the country of origin. Where the size or nature of the product does not allow that, the indication may be provided on the packaging or in a document accompanying the product; (b) if the country of origin referred to in Article 3(2) of this Regulation is a Member State of the Union, the indication of the country of origin may be related to the Union or to a particular Member State.
Amendment 236 #
2017/0353(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Where Union harmonisation legislation provides for the drawing up of an EU declaration of conformity, manufacturers shall makmay indicate a website or e-mail address where the EU declaration publicly available on their website or, in the absence of a website, by any other means that allowsof conformity can be obtained. Alternatively, the person responsible for compliance information should make the EU declaration to be readily accessed by the general public in the Uniof conformity available to market surveillance authorities upon free of chargequest.
Amendment 245 #
2017/0353(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Member States shall take the necessary measures to ensure adequate visibility of the contact points for the products referred to in [Regulation(EC) No 764/2008 of the European Parliament and the Council / Regulation (EU)….of the European Parliament and the Council].
Amendment 255 #
2017/0353(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
A market surveillance authority may enter into a partnership arrangement with an economic operator established in its territoryorganisations representing businesses under which the authority agrees to provide the economic operator with advice and guidance in relation to the Union harmonisation legislation applicable to the products for which the economic operator is responsible.
Amendment 262 #
2017/0353(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. A market surveillance authority that enters into a partnership arrangement under paragraph 1 may charge the economic operator fees representing the costs reasonably incurred by the authority in the exercise of its functions under paragraphs 1 and 2not subcontract its work as part of such an arrangement to a notified body or any other conformity assessment body designated pursuant to Union harmonisation legislation.
Amendment 313 #
2017/0353(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point b
Article 12 – paragraph 3 – subparagraph 1 – point b
Amendment 324 #
2017/0353(COD)
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. Without prejudice to the procedure set out in Union harmonisation legislation for dealing with products presenting a risk at national level, where a Member State makes one of the following findings, it shall require the relevant economic operator to put an end to the non- compliance concerned: (a) the conformity marking has been affixed in violation of the general principles of the CE marking as set out in the applicable Union harmonisation legislation; (b) the conformity marking has not been affixed; (c) the EC declaration of conformity has not been drawn up; (d) the EC declaration of conformity has not been drawn up correctly; (e) technical documentation is either not available or not complete. Where the non-compliance persists, the Member State concerned shall take all appropriate measures to restrict or prohibit the product being made available on the market or ensure that it is recalled or withdrawn from the market.
Amendment 327 #
2017/0353(COD)
Proposal for a regulation
Article 12 – paragraph 4 – introductory part
Article 12 – paragraph 4 – introductory part
4. Market surveillance authorities shall perform their activities with a high level of transparency and shall make available to the general public any information that they deem relevant for the general public, while observing the principle of confidentiality and proportionality where necessary in order to protect professional and commercial secrets or to preserve personal data. They shall also ensure that the following information is entered in the system referred to in Article 34:
Amendment 371 #
2017/0353(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point f
Article 14 – paragraph 3 – point f
Amendment 382 #
2017/0353(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point k
Article 14 – paragraph 3 – point k
(k) the power to prohibit the making available of products on the market or to withdraw, recall or destroy products, wherthe economic operators fail twice to provide the information requested by the market surveillance authority to verify the compliance of those products and while the failure persists; the decision to apply these measures must be notified to the economic operator with 15 days’ notice;
Amendment 437 #
2017/0353(COD)
Proposal for a regulation
Article 20 – paragraph 5 a (new)
Article 20 – paragraph 5 a (new)
5a. An appropriate appeal procedure should be put in place for decisions of Union testing facilities following their tasks as described in paragraph 4.
Amendment 438 #
2017/0353(COD)
Proposal for a regulation
Article 20 – paragraph 5 b (new)
Article 20 – paragraph 5 b (new)
5b. Union Testing Facilities should refrain from any commercial activities that could enter into competition with conformity assessment bodies.
Amendment 446 #
2017/0353(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. At the request of an applicant authority, the requested authority shall supply any information that the requested authority deems relevant, while observing the principle of confidentiality and proportionality where necessary in order to protect professional and commercial secrets or to preserve personal data, to establish whether a product is non- compliant and to ensure that the non- compliance can be brought to an end.
Amendment 460 #
2017/0353(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. PIn case a product is deemed to be non- compliant on the basis of a decision of a market surveillance authority in one Member State, shall be presumed to bthe Member State ncon-compliant by market surveillance authorities in another Member State, unless economic operators can provide evidence to the contrarycerned should inform the Union Product Compliance Network as referred to in Article 31.
Amendment 488 #
2017/0353(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point e
Article 27 – paragraph 1 – point e
Amendment 497 #
2017/0353(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 512 #
2017/0353(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The Commission shall establish separate or joint administrative coordination groups for all the instruments of Union harmonisation legislation listed in the Annex to this Regulation. Each administrative coordination group shall be composed of representatives of the competent national market surveillance authorities and, if appropriate, representatives of the single liaison offices, and representatives of the relevant business associations and of consumer associations. The Commission shall publish on its website the agendas and calendar of meetings of the administrative coordination groups.
Amendment 522 #
2017/0353(COD)
Proposal for a regulation
Article 33 – paragraph 3 a (new)
Article 33 – paragraph 3 a (new)
3a. The following procedure should be followed when common approaches as specified in point (h) of Article 33(3) are discussed and agreed upon by the administrative coordination groups: (a) before administrative coordination groups discuss and agree upon common approaches, relevant business associations and the manufacturer concerned should have the possibility to submit comments. (b) the Commission shall inform relevant business associations of common approaches agreed upon by administrative coordination groups.
Amendment 531 #
2017/0353(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Commission may exchange confidential market surveillance related information with regulatory authorities of third countries or international organisations where it has concluded confidentiality arrangements based on reciprocity with those authorities or organisations, while observing the principle of confidentiality and proportionality where necessary in order to protect professional and commercial secrets or to preserve personal data, to establish whether a product is non- compliant and to ensure that the non- compliance can be brought to an end.
Amendment 564 #
2017/0353(COD)
Proposal for a regulation
Annex I – point 42
Annex I – point 42
Amendment 45 #
2017/0328(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EC) No 726/2004
Article 71a
Article 71a
The Agency shall have its seat in Amsterdam, the Netherlands. a city of the European Union that meets the following criteria: 1. the assurance that, at the time when the United Kingdom leaves the EU, the agency will remain operational in a suitable location, ensuring that its activities are not disrupted; 2. accessibility of the location; 3. schools for the children of the agency staff; 4. access to the labour market and health care for employees' spouses and children; 5. the assurance of operational continuity, given the need to protect the health and safety of EU citizens; Its headquarters shall be selected under the ordinary legislative procedure pursuant to Articles 114 and 168(4)(b) TFEU.
Amendment 47 #
2017/0328(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EC) No 726/2004
Article 71a
Article 71a
The Agency shall have its seat in Amsterdam, the NetherlandsMilan, Italy.
Amendment 58 #
2017/0293(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Reduction levels for the Union- wide fleets of new passenger cars and light commercial vehicles should therefore be set for 2025 and for 2030, taking into account the vehicle fleet renewal time and the need for the road transport sector to contribute to the 2030 climate and energy targets. This stepwise approach also provides a clear and early signal for the automotive industry not to delay the market introduction of energy efficient technologies and zero- and low-emission vehicles.
Amendment 85 #
2017/0293(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to maintain the diversity of the market for passenger cars and light commercial vehicles and its ability to cater for different consumer needs, CO2 targets should be defined according to the utility of the vehicles on a linear basis. Maintaining mass as the utility parameter is considered coherent with the existing regime. In order to better reflect the mass of vehicles used on the road, the parameter should be changed from mass in running order to the vehicle's test mass as specified in Regulation (EU) 2017/1151 of 1 June 2017 with effect from 202530.
Amendment 88 #
2017/0293(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) It should be avoided that the EU fleet-wide targets are altered due to changes in the average mass of the fleet. Changes in the average mass should therefore be reflected without delay in the specific emission target calculations, and the adjustments of the average mass value that is used to this end should therefore take place every two years with effect from 202530.
Amendment 92 #
2017/0293(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to distribute the emission reduction effort in a competitively neutral and fair way that reflects the diversity of the market for passenger cars and light commercial vehicles, and in view of the change in 2021 to WLTP-based specific emission targets, it is appropriate to determine the slope of the limit value curve on the basis of the specific emissions of all newly registered vehicles in that year, and to take into account the change in the EU fleet-wide targets between 2021, 2025 and 2030 with a view to ensuring an equal reduction effort of all manufacturers. With regard to light commercial vehicles, the same approach as that for car manufacturers should apply to manufacturers of lighter, car derived, vans, while for manufacturers of vehicles falling within the heavier segments, a higher and fixed slope should be set for the whole target period.
Amendment 96 #
2017/0293(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) CO2 emissions for new cars and new light commercial vehicles registered in the Union are measured in accordance with Regulation (EC) 715/2007, without any distinction at the measuring stage between CO2 originating from non- renewable and renewable energy carriers. A methodology that takes into account the renewable energy content of the liquid and/or gaseous road transport fuels in the determination of the specific CO2 emissions for cars and new light commercial vehicles should be developed.
Amendment 99 #
2017/0293(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) A balance should however be ensured between incentives given to eco- innovations and those technologies for which the emission reduction effect is demonstrated on the official test procedure. As a consequence, it is appropriate to maintain a cap on the eco-innovation savings that a manufacturer may take into account for target compliance purposes. The Commission should have the possibility to review the level of the cap, in particular, to take into account the effects of the change in the official test procedure. It is also appropriate to clarify how the savings should be calculated for target compliance purposes.
Amendment 104 #
2017/0293(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The procedure for granting derogations from the 95 g CO2/km fleet target to niche car manufacturers ensures that the reduction effort required by niche manufacturers is consistent with that of large volume manufacturers with regard to that target., However, experience shows that niche manufacturers have the same potential as large manufacturers to meet the CO2 targets and with regard to the targets set from 202530 onwards it is not considered appropriate to distinguish between those two categories of manufacturers.
Amendment 121 #
2017/0293(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) In 2024 it is foreseen to review the progress achieved under the [Effort Sharing Regulation and Emissions Trading System Directive]. It is therefore appropriate to assess the effectiveness of this Regulation in that same year to allow a coordinated and coherent assessment of the measures implemented under all these instruments. Upstream and embedded emissions should be taken into account in order to make Well-to-Wheel and Life- cycle emissions of vehicles part of the review.
Amendment 134 #
2017/0293(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 166 #
2017/0293(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point a
Article 1 – paragraph 5 – point a
(a) for the average emissions of the new passenger car fleet, an EU fleet-wide target equal to a 320% reduction of the average of the specific emissions targets in 2021 determined in accordance with point 6.1.2 of Part A of Annex I;
Amendment 176 #
2017/0293(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point b
Article 1 – paragraph 5 – point b
(b) for the average emissions of the new light commercial vehicles fleet, an EU fleet- wide target equal to a 3015% reduction of the average of the specific emissions targets in 2021 determined in accordance with point 6.1.2 of Part B of Annex I.
Amendment 198 #
2017/0293(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) for each calendar year from 2021 until 20249, the specific emissions target determined in accordance with points 3 and 4 of Parts A or B of Annex I as appropriate or, where a manufacturer is granted a derogation under Article 10 , in accordance with that derogation and point 5 of Parts A or B of Annex I;
Amendment 202 #
2017/0293(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) for each calendar year, starting from 202530, the specific emissions targets determined in accordance with point 6.3 of Parts A or B of Annex I.
Amendment 206 #
2017/0293(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) the category of vehicles registered as M1 orand N1, for which the pool shall apply.
Amendment 208 #
2017/0293(COD)
Proposal for a regulation
Article 6 – paragraph 8 a (new)
Article 6 – paragraph 8 a (new)
8a. In order to determine the average specific M1 and N1 emissions of CO2 of each manufacturer, when a manufacturer overachieves the CO2 M1 or N1 target, his performance shall be taken into account for the same manufacturer or for other manufacturer(s). In this case, the difference between M1 or N1 specific emission targets of the manufacturer and its average specific emissions shall be deducted from its average specific emissions of CO2 for M1 or N1 specific target, weighted with the registration volumes. The total contribution of those transfers of credits between M1 or N1 manufacturers may be up to 10g CO2/km per manufacturer.
Amendment 235 #
2017/0293(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
(a) the 2025 and 2030 EU fleet-wide targets referred to in Article 1(4) and (5) calculated by the Commission in accordance with points 6.1.1 and 6.1.2 of Parts A and B of Annex I;
Amendment 239 #
2017/0293(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
(b) the values for a2021, a2025 and a2030 calculated by the Commission in accordance with point 6.2 of Parts A and B of Annex I.
Amendment 252 #
2017/0293(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 4
Article 11 – paragraph 1 – subparagraph 4
The Commission mayshall adjust the cap with effect from 20251 onwards, in order to reflect the new WLTP calculation. Those adjustments shall be performed by means of delegated acts in accordance with Article 16.
Amendment 281 #
2017/0293(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission shall in 2024 submit a report to the European Parliament and the Council on the effectiveness of this Regulation, where appropriate, accompanied by a proposal for amending the Regulation. This report will consider, inter alia, the real world representativeness of the CO2 emission and energy consumption values determined in accordance with Regulation (EU) 2017/1151, the deployment on the Union market of zero- and low-emission vehicles and the roll-out of recharging and refuelling infrastructure reported under Directive 2014/94/EU of the European Parliament and of the Council29 . The Commission shall propose appropriate change in the ambition level set up for 2030 accordingly. __________________ 29 Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1)
Amendment 283 #
2017/0293(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. By 2021 the Commission shall establish a framework for a consistent and robust calculation of the life-cycle CO2 emissions and set out a mechanism for manufacturers to report upstream and embedded emissions on a voluntary basis.
Amendment 287 #
2017/0293(COD)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. By the end of 2020 and by means of implementing acts, the Commission shall determine the correction methodology to count the specific emissions of CO2 based on the renewable energy content of the liquid and /or gaseous road transport fuels. Those implementing acts shall be in accordance with the examination procedure referred to in Article 15 of this Regulation.
Amendment 293 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 4 – introductory part
Annex I – part A – point 4 – introductory part
4. For the calendar years 2021 to 20249, the specific emissions target for a manufacturer shall be calculated as follows:
Amendment 298 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – introductory part
Annex I – part A – point 6 – introductory part
6. From 1 January 202530, the EU fleet- wide targets and the specific emissions targets of CO2 for a manufacturer shall be calculated as follows:
Amendment 301 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.1 – introductory part
Annex I – part A – point 6 – point 6.1 – introductory part
6.1. EU fleet-wide targets for 2025 and 203030 onwards
Amendment 302 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.1 – point 6.1.1
Annex I – part A – point 6 – point 6.1 – point 6.1.1
Amendment 307 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.1 – point 6.1.2 – paragraph 3 – subparagraph 2
Annex I – part A – point 6 – point 6.1 – point 6.1.2 – paragraph 3 – subparagraph 2
Reduction factor2030 is the reduction specified in Article 1(54)(a)
Amendment 311 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.2 – introductory part
Annex I – part A – point 6 – point 6.2 – introductory part
6.2. Specific emissions reference targets from 202530 onwards
Amendment 312 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.2 – point 6.2.1
Annex I – part A – point 6 – point 6.2 – point 6.2.1
Amendment 318 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.2 – point 6.2.2 – paragraph 3 – subparagraph 1
Annex I – part A – point 6 – point 6.2 – point 6.2.2 – paragraph 3 – subparagraph 1
EU fleet-wide target2030 is as determined in accordance with point 6.1.2
Amendment 323 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.3 – paragraph 1
Annex I – part A – point 6 – point 6.3 – paragraph 1
The specific emissions target from 202530 onwards
Amendment 327 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.3 – paragraph 3 – subparagraph 1
Annex I – part A – point 6 – point 6.3 – paragraph 3 – subparagraph 1
Specific emissions reference target is the specific emissions reference target of CO2 determined in accordance with point 6.2.1 for the period 2025 to 2029 and 6.2.2 for 2030 onwards
Amendment 331 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.3 – paragraph 4 – subparagraph 2
Annex I – part A – point 6 – point 6.3 – paragraph 4 – subparagraph 2
ZLEVspecific = 1 - [(specific emissions x 0,5) / 50]
Amendment 332 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.3 – paragraph 4 – subparagraph 3
Annex I – part A – point 6 – point 6.3 – paragraph 4 – subparagraph 3
x is 15% in the years 2025 to 2029 and 320% in 2030 onwards.
Amendment 337 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 4 – introductory part
Annex I – part B – point 4 – introductory part
4. For the calendar years 2021 to 20249, the specific emissions target for a manufacturer shall be calculated as follows:
Amendment 340 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.1 – introductory part
Annex I – part B – point 6 – point 6.1 – introductory part
6.1. The EU fleet-wide targets for 2025 and 203030 onwards
Amendment 343 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.1 – point 6.1.1
Annex I – part B – point 6 – point 6.1 – point 6.1.1
Amendment 346 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.1 – point 6.1.2 – paragraph 3 – subparagraph 2
Annex I – part B – point 6 – point 6.1 – point 6.1.2 – paragraph 3 – subparagraph 2
Reduction factor2030 is the reduction specified in Article 1(54)(b)
Amendment 351 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.2 – introductory part
Annex I – part B – point 6 – point 6.2 – introductory part
6.2. The specific emissions reference target from 202530 onwards
Amendment 352 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.2 – point 6.2.1
Annex I – part B – point 6 – point 6.2 – point 6.2.1
Amendment 356 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.3 – introductory part
Annex I – part B – point 6 – point 6.3 – introductory part
6.3. Specific emissions targets from 202530 onwards
Amendment 357 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.3 – point 6.3.1
Annex I – part B – point 6 – point 6.3 – point 6.3.1
Amendment 364 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.3 – point 6.3.1 – paragraph 4 – subparagraph 2
Annex I – part B – point 6 – point 6.3 – point 6.3.1 – paragraph 4 – subparagraph 2
ZLEVspecific = 1 - [(specific emissions / 50] The proposed calculation for the benchmark does not reward all the technologies that contribute to the decarbonisation and are below the threshold of 50g CO2/km. In light of the principle of the technological neutrality, the calculation shall be revised as suggested.x 0,5) / 50] Or. enJustification
Amendment 368 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.3 – point 6.3.2 – paragraph 2
Annex I – part B – point 6 – point 6.3 – point 6.3.2 – paragraph 2
The specific emissions target = (specific emissions reference target – (øtargets – EU fleet-wide target2030)) · ZLEV factor
Amendment 369 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.3 – point 6.3.2 – paragraph 3 – subparagraph 2
Annex I – part B – point 6 – point 6.3 – point 6.3.2 – paragraph 3 – subparagraph 2
Amendment 372 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.3 – point 6.3.2 – paragraph 4 – subparagraph 3
Annex I – part B – point 6 – point 6.3 – point 6.3.2 – paragraph 4 – subparagraph 3
x is 3015%
Amendment 374 #
2017/0293(COD)
Proposal for a regulation
Annex II – part A – point 1 – paragraph 1 – point t a (new)
Annex II – part A – point 1 – paragraph 1 – point t a (new)
(t a) vehicle family lifecycle CO2 emissions, where available
Amendment 135 #
2017/0225(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘European cybersecurity certification scheme’ means the comprehensive set of rules, technical requirements, standards and procedures defined at Union level applying to the certification of Information and Communication Technology (ICT) hardware and software products and services falling under the scope of that specific scheme;
Amendment 143 #
2017/0225(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
Article 2 – paragraph 1 – point 16 a (new)
(16a) ‘self-declaration of conformity’ means the statement by the manufacturer that attests their ICT product or service conforms with the specified European cybersecurity certification schemes.
Amendment 224 #
2017/0225(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
A European cybersecurity certification scheme shall attest that the ICT hardware and software products and services that have been certified in accordance with such scheme comply with specified requirements as regards their ability to resist at a given level of risk-based assurance, actions that aim to compromise the availability, authenticity, integrity or confidentiality of stored or transmitted or processed data or the functions or services offered by, or accessible via, those products,hardware and software products, development and maintenance processes, services and systems.
Amendment 235 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. When preparing candidate schemes referred to in paragraph 1 of this Article, ENISA shall consult all relevant stakeholders and closely cooperate with the Group in defining the security objectives of the candidate certification scheme in line with Article 45, which will lead to the compilation of a checklist of risks and corresponding cybersecurity features. The Group shall provide ENISA with the assistance and expert advice required by ENISA in relation to the preparation of the candidate scheme, including by providing opinions where necessary.
Amendment 243 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 2 a (new)
Article 44 – paragraph 2 a (new)
2a. ENISA shall coordinate the compilation of a checklist of risks associated with the hardware or software of the ICT product or service. The risks shall be matched with corresponding cybersecurity features to be included in the candidate European cybersecurity certification scheme.
Amendment 247 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 2 b (new)
Article 44 – paragraph 2 b (new)
2b. The checklist prepared shall draw from Member States’ experience in designing and implementing cybersecurity certificates within their jurisdictions. A list of expected risks will be drawn up, analysed and depending on an assessment of the risk environment that the ICT software or hardware product or ICT service will eventually operate in as well as the expected end user.
Amendment 254 #
2017/0225(COD)
4. The Commission, based on the candidate scheme proposed by ENISA, may adopt implementing acts, in accordance with Article 55(1), providing for European cybersecurity certification schemes for ICT hardware and software products and services meeting the requirements of Articles 45, 46 and 47 of this Regulation.
Amendment 255 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
5. ENISA shall maintain a dedicated website providing information on, and publicity of, European cybersecurity certification schemes as well as candidate cybersecurity certification schemes in preparation.
Amendment 258 #
2017/0225(COD)
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
A European cybersecurity certification scheme shall be so designed to take into account, as applicable, the following non- exhaustive list of security objectives:
Amendment 272 #
2017/0225(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point g
Article 45 – paragraph 1 – point g
(g) ensure that ICT hardware and software products and services are provided with up to date software that does not contain known vulnerabilities, and are provided with mechanisms for secure software updates.
Amendment 276 #
2017/0225(COD)
Proposal for a regulation
Article 46 – title
Article 46 – title
Risk-Based Assurance levels of European cybersecurity certification schemes
Amendment 284 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. A European cybersecurity certification scheme may specify one or more of the following assurance levels: basicelemental, substantial and/or high, for ICT hardware and software products and services issued under that scheme.
Amendment 287 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 1 a (new)
Article 46 – paragraph 1 a (new)
1a. A European cybersecurity certification scheme shall specify whether self-declaration of conformity is permissible or third party assessment strictly required.
Amendment 291 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 – introductory part
Article 46 – paragraph 2 – introductory part
2. The risk-based assurance levels basicelemental, substantial and high shall meet the following criteria respectively:
Amendment 297 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point a
Article 46 – paragraph 2 – point a
(a) risk-based assurance level basicelemental shall refer to a certificate issued in the context of a European cybersecurity certification scheme, which provides a limitedn essential minimum degree of confidence and security in the event of common cyber-security threats faced by predominantly consumer products in the claimed or asserted cybersecurity qualities of an ICT product or service, and is characterised with reference to technical specifications, standards and procedures related thereto, including technical controls, the purpose of which is to decrease the risk of cybersecurity incidents;
Amendment 302 #
2017/0225(COD)
(b) risk-based assurance level substantial shall refer to a certificate issued in the context of a European cybersecurity certification scheme, which provides a substantial degree of confidence in the claimed or asserted cybersecurity qualities of an ICT product or service, and is characterised with reference to technical specifications, standards and procedures related thereto, including technical controls that are generally used at industry level, the purpose of which is to decrease substantially the risk of cybersecurity incidents;
Amendment 309 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point c
Article 46 – paragraph 2 – point c
(c) risk-based assurance level high shall refer to a certificate issued in the context of a European cybersecurity certification scheme, which provides a higher degree of confidence in the claimed or asserted cybersecurity qualities of an ICT product or service than certificates with the assurance level substantial, and is characterised with reference to technical specifications, standards and procedures related thereto, including technical controls that are generally used at industrial level, the purpose of which is to prevent cybersecurity incidents.
Amendment 311 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 a (new)
Article 46 – paragraph 2 a (new)
2a. The risk-based assurance level for a candidate European cybersecurity certification scheme shall be identified on the basis of the risks identified in the checklist established in Article 44(2) and the availability of cybersecurity measures to counter those risks in the ICT hardware and software products and services to which the certification scheme applies.
Amendment 313 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 b (new)
Article 46 – paragraph 2 b (new)
Amendment 317 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – introductory part
Article 47 – paragraph 1 – introductory part
1. A European cybersecurity certification scheme shall include at least the following elements:
Amendment 320 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point a
Article 47 – paragraph 1 – point a
(a) subject-matter and scope of the certification, including the type or categories of ICT hardware and software products and services covered;
Amendment 322 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
(b) detailed specification of the cybersecurity requirements against which the specific ICT hardware and software products and services are evaluated, for example by reference to Union or international standards or technical specifications;
Amendment 327 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point c
Article 47 – paragraph 1 – point c
(c) where applicable, one or more risk- based assurance levels;
Amendment 329 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point c a (new)
Article 47 – paragraph 1 – point c a (new)
(ca) the applicable conformity assessment procedure and/or self- declaration of conformity
Amendment 330 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point c b (new)
Article 47 – paragraph 1 – point c b (new)
(cb) certification requirements defined in a way that certification can be incorporated into or based on the producer’s systematic cybersecurity processes followed during the design, development and lifecycle of the ICT product or service;
Amendment 333 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point f
Article 47 – paragraph 1 – point f
(f) where the scheme provides for marks or labels, such an EU Cybersecurity Conformity Label signifying that the ICT product or service conforms to the criteria of a European cybersecurity certificate scheme, the conditions under which such marks or labels may be used;
Amendment 342 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point i
Article 47 – paragraph 1 – point i
(i) rules concerning the consequences of non-conformity of certified ICT hardware and software products and services with the certification requirements, including general information about the penalties to be incurred as laid down in Article 54 of this Regulation;
Amendment 343 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point j
Article 47 – paragraph 1 – point j
(j) rulesthe requirement that an ICT hardware or software product trader or service provider has procedures and rules in place concerning how previously undetected cybersecurity vulnerabilities in ICT hardware and software products and services are to be reported and dealt with;
Amendment 350 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point l
Article 47 – paragraph 1 – point l
(l) identification of national cybersecurity certification schemes or industry-led methods covering the same type or categories of ICT hardware and software products and services;
Amendment 359 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point m a (new)
Article 47 – paragraph 1 – point m a (new)
(ma) the period of validity of the certificate
Amendment 368 #
2017/0225(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. ICT hardware and software products and services that have been certified under a European cybersecurity certification scheme adopted pursuant to Article 44 shall be presumed to be compliant with the requirements of such scheme.
Amendment 377 #
2017/0225(COD)
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
3. A European cybersecurity certificate pursuant to this Article shall be issued either by self-declaration of conformity or by the conformity assessment bodies referred to in Article 51 on the basis of criteria included in the European cybersecurity certification scheme, adopted pursuant to Article 44.
Amendment 383 #
2017/0225(COD)
Proposal for a regulation
Article 48 – paragraph 6
Article 48 – paragraph 6
6. Certificates shall be issued and shall remain valid for a maximum period defined in each cybersecurity certification scheme according to Article 47(1)(n) and depending on the risk environment, the hardware and/or software product or services’ expected uses for a maximum period of three years and may be renewed, under the same conditions, provided that the relevant requirements continue to be met.
Amendment 386 #
2017/0225(COD)
Proposal for a regulation
Article 48 – paragraph 6 a (new)
Article 48 – paragraph 6 a (new)
6a. A European cybersecurity certification scheme shall remain valid for all new versions, patches, fixes, updates, etc. issued by the ICT hardware or software product or service trader and/or manufacturer to address security vulnerabilities that have been addressed through the trader and/or manufacturer’s procedures as defined under Article 47(1)(j).
Amendment 409 #
2017/0225(COD)
Proposal for a regulation
Article 50 – paragraph 6 – point a
Article 50 – paragraph 6 – point a
(a) monitor and enforce the application of the provisions under this Title at national level and supervise and verify the compliance of the self-declarations of conformity and the cybersecurity certificates that have been issued by conformity assessment bodies established in their respective territories with the requirements set out in this Title and in the corresponding European cybersecurity certification scheme in accordance with the rules adopted by the European Cybersecurity Certification Group pursuant to Article 53(3)(ba);
Amendment 411 #
2017/0225(COD)
Proposal for a regulation
Article 50 – paragraph 6 – point b
Article 50 – paragraph 6 – point b
(b) monitor and, supervise and assess the activities of conformity assessment bodies for the purpose of this Regulation, including in relation to the notification of conformity assessment bodies and the related tasks set out in Article 52 of this Regulation;
Amendment 412 #
2017/0225(COD)
Proposal for a regulation
Article 50 – paragraph 6 – point b a (new)
Article 50 – paragraph 6 – point b a (new)
(ba) scrutinise self-declarations of conformity, and monitor, supervise and assess the activities of firms that issue them for the purpose of this Regulation;
Amendment 413 #
2017/0225(COD)
Proposal for a regulation
Article 50 – paragraph 6 – point b b (new)
Article 50 – paragraph 6 – point b b (new)
(bb) report the results of verifications under point (a) and the assessments under points (b) and (c) to the European Cybersecurity Certification Group and to ENISA;
Amendment 415 #
2017/0225(COD)
Proposal for a regulation
Article 50 – paragraph 6 – point c
Article 50 – paragraph 6 – point c
(c) handle complaints lodged by natural or legal persons in relation to certificates issued by self-declaration and by conformity assessment bodies established in their territories, investigate, to the extent appropriate, the subject matter of the complaint, and inform the complainant of the progress and the outcome of the investigation within a reasonable time period;
Amendment 420 #
2017/0225(COD)
Proposal for a regulation
Article 50 – paragraph 7 – point e
Article 50 – paragraph 7 – point e
(e) to withdraw, in accordance with national law, certificates that are not compliant with this Regulation or a European cybersecurity certification scheme and inform national accreditation bodies accordingly;
Amendment 429 #
2017/0225(COD)
Proposal for a regulation
Article 51 – paragraph 2 a (new)
Article 51 – paragraph 2 a (new)
2a. Where manufacturers opt for ‘self- declaration of conformity’ as established in Article 48(3) of this Regulation, conformity assessment bodies will take additional steps to verify the internal procedures undertaken by the manufacturer to ensure that their products and/or services conform with the requirements of the European cybersecurity certification scheme.
Amendment 430 #
2017/0225(COD)
Proposal for a regulation
Article 51 a (new)
Article 51 a (new)
Article 51 a Peer-Review Assessment 1. National accreditation bodies shall subject themselves to peer evaluation coordinated by ENISA. 2. Member States shall ensure that their national accreditation bodies periodically undergo peer evaluation. 3. Peer evaluation shall be conducted based on a set of transparent evaluation criteria and procedures that include structural resources, human resources, certification conformity procedures, confidentiality and complaints. National accreditation bodies shall have recourse to appeal procedures against decisions taken as a result of this peer evaluation. 4. Peer evaluation shall ascertain whether the national accreditation bodies meet the requirements enshrined in Regulation 765/2008/EC. 5. ENISA shall publish and communicate the outcome of the peer evaluation exercises to all Member States and to the Commission. 6. Together with Member States, the commission shall oversee the rules and the proper functioning of the peer evaluation system.
Amendment 432 #
2017/0225(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point a a (new)
Article 53 – paragraph 3 – point a a (new)
(aa) to provide ENISA with strategic guidance and to establish a work programme including the common actions to be undertaken at EU level to ensure the consistent application of this Title across all Member States;
Amendment 433 #
2017/0225(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point a b (new)
Article 53 – paragraph 3 – point a b (new)
(ab) to establish and periodically update a priority list of ICT products and services that urgently require an EU cybersecurity certification scheme;
Amendment 434 #
2017/0225(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point b a (new)
Article 53 – paragraph 3 – point b a (new)
(ba) to adopt binding rules determining the intervals at which national certification supervisory authorities are to carry out verifications of certificates and the criteria, scale and scope of these verifications and to adopt common rules and standards for reporting, in accordance with Article 50(6).
Amendment 92 #
2017/0125(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Given that the Programme aims particularly at enhancing cooperation between undertakings across Member States, an action should be eligible for funding under the Programme only if it is undertaken by a cooperation of at least three undertakings based in at least twohree different Member States.
Amendment 98 #
2017/0125(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) As the Programme aims at enhancing the competitiveness of the Union's defence industry, only entities established in the Union and effectively controlled by Member States or their nationals should be eligible for support. Additionally, in order to ensure the protection of essential security interests of the Union and its Member States, the infrastructure, facilities, assets and resources used by the beneficiaries and subcontractors in actions funded under the Programme, shall not be located on the territory of non-Member States, unless such infrastructure, facilities, assets and resources are not available in the Union and their use does not undermine the security of the Union.
Amendment 109 #
2017/0125(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Given that the Programme aims particularly at enhancing cooperation between undertakings across Member States, an action should be eligible for funding under the Programme only if it is undertaken by a cooperation of at least three undertakings based in at least twohree different Member States.
Amendment 119 #
2017/0125(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) As the Programme aims at enhancing the competitiveness of the Union's defence industry, only entities established in the Union and effectively controlled by Member States or their nationals should be eligible for support. However, undertakings which are controlled by non-EU States or by non- EU entities can also be eligible to participate as beneficiaries if the Member State in which they are located ensures, in accordance with effective national procedures or contractual arrangements, that this would not conflict with the security and defence interests of the Union and its Member States as established in the framework of Common Foreign and Security Policy in accordance with Title V of the TEU. Additionally, in order to ensure the protection of essential security interests of the Union and its Member States, the infrastructure, facilities, assets and resources used by the beneficiaries and subcontractors in actions funded under the Programme, shall not be located on the territory of non-Member States, unless such infrastructure is not available in the European Union and its use does not undermine EU security.
Amendment 124 #
2017/0125(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The financial assistance of the Union under the Programme should not exceed 20% of the total eligible cost of the action when it relates to prototyping which is often the most costly action in the development phase. The totality of the eligible costs should however be covered for other actions in the development phase.
Amendment 168 #
2017/0125(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The financial assistance of the Union under the Programme should not exceed 20% of the total eligible cost of the action when it relates to prototyping which is often the most costly action in the development phase. The totality of the eligible costs should however be covered for other actions in the development phase.
Amendment 192 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The action shall be undertaken in a cooperation of at least three undertakings which are established in at least twohree different Member States. The undertakings which are beneficiaries shall not effectively be controlled, directly or indirectly, by the same entity or shall not control each other.
Amendment 196 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. When it relates to actions defined under point (b) to (f) of the first paragraph (1), the action must be based on common technical specifications. By derogation from paragraph 3, an undertaking controlled by third countries or by entities established in third countries shall be eligible if the Member State where the undertaking is located provides sufficient assurances, in accordance with effective national procedures or contractual arrangements, that this would not contravene the security and defence interests of the Union and its Member States as established in the framework of Common Foreign and Security Policy in accordance with Title V of the TEU.
Amendment 207 #
2017/0125(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Beneficiaries shall be undertakings established in the Union, in which Member States and/or nationals of Member States own more than 50% of the undertaking and effectively control it within the meaning of Article 6(3), whether directly or indirectly through one or more intermediate undertakings. In addition, all infrastructure, facilities, assets and resources used by the participants, including subcontractors and other third parties, in actions funded under the Programme shall not be located on the territory of non-Member States during the entire duration of the action.
Amendment 256 #
2017/0125(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. Eligible actions involving the participation of SMEs should be eligible for an increased funding rate. An additional award may be considered if the eligible action also involves the cross- border participation of SMEs’.
Amendment 285 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The action shall be undertaken in a cooperation of at least three undertakings which are established in at least twohree different Member States. The undertakings which are beneficiaries shall not effectively be controlled, directly or indirectly, by the same entity or shall not control each other.
Amendment 303 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 a (new)
Article 6 – paragraph 4 – subparagraph 1 a (new)
An undertaking controlled by non-EU States or by non-EU entities is also eligible to participate as beneficiary if the Member State in which it is located ensures, in accordance with effective national procedures or contractual arrangements, that this would not conflict with the security and defence interests of the Union and its Member States as established in the framework of Common Foreign and Security Policy in accordance with Title V of the TEU.
Amendment 320 #
2017/0125(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Beneficiaries shall be undertakings established in the Union, in which Member States and/or nationals of Member States own more than 50% of the undertaking and effectively control it within the meaning of Article 6(3), whether directly or indirectly through one or more intermediate undertakings. In addition, all infrastructure, facilities, assets and resources used by the participants, including subcontractors and other third parties, in actions funded under the Programme shall not be located on the territory of non-Member States during the entire duration of the action.
Amendment 439 #
2017/0125(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. The funding rate for eligible actions involving the participation of SMEs shall be increased. Moreover, in case the eligible action includes the cross- border participation of SMEs, an additional award should also be considered.
Amendment 67 #
2017/0063(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) The protection of the confidentiality of communications between lawyers, which includes both external lawyers and in-house counsel, and clients is an essential corollary to the full exercise of rights of defence, as established by the case law of the Court of Justice of the European Union. Therefore, NCAs should at least respect the confidentiality of written communications between lawyers and clients, provided that such communications are made for the purposes, and in the interest, of the client's rights of defence in competition proceedings and that they emanate from independent lawyers. Such confidentiality obligation should not prevent a client from disclosing written communications between lawyer and client if the client considers that it is in its interest to do so.
Amendment 99 #
2017/0063(COD)
Proposal for a directive
Recital 33
Recital 33
Amendment 120 #
2017/0063(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Member States shall ensure that national competition authorities respect at least the confidentiality of written communications between clients and their lawyers, which includes both external lawyers and in- house counsel, provided that such communications are made for the purposes, and in the interest, of the client's rights of defence in proceedings for the enforcement of Articles 101 and 102 TFEU and that the communications emanate from independent lawyers.
Amendment 196 #
2017/0063(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 206 #
2017/0063(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that the maximum amount of the fine a national competition authority may impose on each undertaking or association of undertakings participating in an infringement of Articles 101 or 102 TFEU should not be set at a level belownot above 10% of its total worldwide turnover in the business year preceding the decision.
Amendment 210 #
2017/0063(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 344 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) if it is necessary for web audience measuringnalytics, provided that such measurement is carried out by the provider of the information society service requested by the end-user, or by its partners.
Amendment 1 #
2016/2328(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the UN Convention on the Right of the Child;
Amendment 3 #
2016/2328(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- Having regard to the European Parliament Resolution on the EU accession to the Istanbul Convention to prevent and combat violence against women and domestic violence of 12 September 2017;
Amendment 5 #
2016/2328(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings,
Amendment 7 #
2016/2328(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
- Having regard to Directive 2011/92/EU on combating the sexual abuse and sexual exploitation of children online and offline and to the European Parliament Resolution on the implementation of the Directive of 14 December 2017;
Amendment 12 #
2016/2328(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- Having regard to the study by the European Union Agency for Fundamental Rights (FRA) entitled ‘Child-friendly justice -Perspectives and experiences of children involved in judicial proceedings as victims, witnesses or parties in nine EU Member States’, published in February 2017,
Amendment 13 #
2016/2328(INI)
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
- Having regard to the FRA Fundamental Rights Report 2017, published June 2017
Amendment 36 #
2016/2328(INI)
Motion for a resolution
Recital F
Recital F
F. whereas there is still a systematic underreporting of incidences or perpetrators of domestic violence in the EU, particularly in cases involving minorities, LGBT persons, antisemitic offences, child sexual abuse and gender- based violence;
Amendment 57 #
2016/2328(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas the ratification and full implementation of the Istanbul Convention provides a coherent European legal framework to prevent and combat violence against women and to protect the victims;
Amendment 62 #
2016/2328(INI)
Motion for a resolution
Recital I – indent 4
Recital I – indent 4
- ensuring equal accessibility for all victims to victim support services, particularly in the cases of child victims, LGBT victims and victims of hate crimes and honour- related crimes;
Amendment 85 #
2016/2328(INI)
Motion for a resolution
Paragraph 4 – indent 2
Paragraph 4 – indent 2
- the fact that clear information is often not provided in more than one language, making it de facto difficult for victims to seek protection abroad in another Member State;
Amendment 96 #
2016/2328(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Encouragescalls on the Member States to promote access to justice, as this contributes greatly to breaking the silence and increasing the victim’s sense of justice, decreases the possibility of impunity and allows the victim to begin the process of psychological recovery;
Amendment 114 #
2016/2328(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that one of the most important objectives of the Victims’ Rights Directive wais to improve the position of victims of crime across the EU and to place the victim at the centre of the criminal justice system;
Amendment 119 #
2016/2328(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Member States to step up criminal procedure law measures guaranteeing the protection of child victims throughout the entirety of criminal proceedings and thereafter to ensure that they receive assistance and support, thereby avoiding that child victims are exposed to secondary victimisation;
Amendment 131 #
2016/2328(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to pay particular attention to the individual assessment of minorschildren and of child victims of human trafficking, child sexual abuse and exploitation; recalls that child victims shall be always considered to have specific protection needs due to their vulnerability as foreseen in art.22 par 4 of the Directive;
Amendment 136 #
2016/2328(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights the fact that individual assessments are crucial as they help the victim realise that he or she has certain rights, and the right to make decisions, in the proceedings they are involved in and, if a child, the right to have access to the specific procedural safeguards that would apply to them from the very beginning of the legal proceedings;
Amendment 143 #
2016/2328(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission and the Member States to provide training programmes and guidelines for law practitioners, police officers, prosecutors and judges to ensuring that they are better able to execute individual assessments without delay once a crime has taken place, to avoid further victimisation or secondary victimisation experienced by victims of crime and to empower victims, as a means of reducing post-traumatic stress; recalls that particular attention should be given to training professionals dealing with victims of child-related crimes, especially in cases of sexual abuse and sexual exploitation; stresses that such training should also be included in education programmes and that compulsory training should be available, on a regular basis, to all professionals involved in dealing with victims of crime, in order to develop a victim-oriented mind- set;
Amendment 162 #
2016/2328(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reminds the Member States of the requirement to provide translation and interpretation services free of charge, noting that lack of information in other languages may constitutes an obstacle for the effective protection of the victim and a form of discrimination against the victim;
Amendment 166 #
2016/2328(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges the Commission and the Member States to engage actively in information campaigns to increase awareness about the rights of victims as established by EU law, including the specific needs of child victims;
Amendment 171 #
2016/2328(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Member States to exchange best practices on establishing mechanisms to encourage and facilitate for victims to report the crimes they have suffered; Calls on the Member States to step up specific measures to protect more effectively child victims of child sexual abuse by also improving the role of national helplines, given that self- reporting of children is limited;
Amendment 177 #
2016/2328(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to counteract the judicial and practical flaws in the implementation of this directive by a proper interplay of the various EU victim- protection instruments, such as Directive 2011/99/EU of 31 December 2011 on the European Protection Order, Directive 2011/36/ EU of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, Directive 2011/93/EU of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and Directive 2014/42/EU of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime; calls on the Member States to implement these important instruments, including the Istanbul Convention on preventing and combating violence against women and girls, with coherence in order to ensure that victims in Europe fully enjoy their rights;
Amendment 183 #
2016/2328(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States to put in place measures to ensure that written and oral communications comply with simple language standards taking in consideration vulnerable groups such as children and people with disabilities, so that victims can be kept informed in an adequate and targeted manner before, during and after criminal proceedings;
Amendment 188 #
2016/2328(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the seven Member States that have not yet done so to consider stalking a criminal offense on the basis of the relevant provisions in the directive on the right to protection of privacy, the right to protection and, in particular, the right to avoid contact with the offender and as called for under art.34 of the Istanbul Convention to prevent and combat violence against women and girls;
Amendment 194 #
2016/2328(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Member States to guarantee assistance to victims from victim support services before, during and after criminal proceedings, including psychological support; deplores the fact that in some countries, governments rely heavily on NGOs to provide key support services to victims (‘volunteerism’)underlines the important role of civil society in victims support; considers nevertheless that governments shall not rely only on NGOs to provide key support services to victims (‘volunteerism’) and shall build capacity to develop victims support mechanisms, involving law enforcement authorities, health and social services and civil society;
Amendment 237 #
2016/2328(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Calls on all Member States and the EU to ratify and fully enforce the Council of Europe Istanbul Convention to prevent and combat violence against women and girls and protect victims;
Amendment 244 #
2016/2328(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36 a. Calls on the Commission to submit a legal act to support Member States in the prevention and suppression of all forms of violence against women and girls and of gender-based violence;
Amendment 15 #
2016/2248(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that the European Semester was introduced in 2010 with the aim of ensuring that Member States discuss their economic and budgetary plans with their EU partners at specific times throughout the year, allowing them to comment on each other’'s plans and monitor progress collectively; stresses the importance of maintaining a focus on social performance as well as the promotion of upward economic and social convergence;
Amendment 16 #
2016/2248(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the Single Market pillar within the European Semester should serve to identify the key areas for the promotion and facilitation of growth and jobs; stresses, furthermore, that it should also serve as a benchmark for commitment to structural reform in Member States; highlights that the Single Market pillar within the European Semester would allow a regular evaluation of the governance of the Single Market throughout systematic compliance checks of national legislation and data analytics tools for detecting non-compliance, improving the monitoring of the single market legislation, enabling the institutions with the necessary information to redesign, implement, apply and enforce the Single Market regulatory framework, delivering concrete results to the citizens;
Amendment 25 #
2016/2248(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Commission to carry out systematic monitoring of implementation and enforcement of the single market rules through the country-specific recommendations (CSRs), in particular where those rules make a contribution to structural reforms; invites the Commission to report to the European Parliament on the progress made by Member States in the implementation of the CSRs related to the single market functioning and integration of products, goods and services markets, as part of the Annual Growth Survey package;
Amendment 28 #
2016/2248(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Invites the Competiveness Council to take an active role in the monitoring of the implementation of CSRs by Member States as well as in the process of formulation of those recommendations;
Amendment 38 #
2016/2248(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises, in respect of the single market in services, that there is a clear need to improve the cross-border provision of services; welcomes the Commission’'s intention to present a proposal for a services card and for a harmonised notification form; welcomes, furthermore, the Commission’s intentionEuropean services card, to review market developments and, if necessary, take action in connection with insurance requirements for business and construction service providers; welcomes furthermore the Commission´s intention to present a legislative proposal to improve the services notification procedure, an ambitious review with the aim to create a strong preventive tool for future internal market breaches;
Amendment 42 #
2016/2248(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to act strongly against protectionism by Member States; considers that Member States should refrain from discriminatory measures, such as trade and tax laws that only affect certain sectors or business models and distort competition, making it difficult for foreign business to establish themselves in a given Member State, which constitutes a clear breach of internal market principles;
Amendment 47 #
2016/2248(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for enforcement of the framework for single market governance and strengthening of the monitoring and assessment of the correct, timely and effective implementation and application of single market rules; calls on Member States to increase their performance in the use of the Single Market governance tools and to better use the Single Market Scoreboard data available for each Member State as well as their evolution in terms of policy performance;
Amendment 52 #
2016/2248(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes and eagerly anticipates the Commission initiative to create a Single Digital Gateway to build on and improve existing tools and services, such as the Points of Single Contact, the Product Contact Points, the ConstructionProduct Contact Points for Construction, the Your Europe portal and SOLVIT, in a user-friendly way for the benefit of both citizens and businesses;
Amendment 4 #
2016/2219(INI)
Motion for a resolution
Citation 1 c (new)
Citation 1 c (new)
- having regard to the UN Convention on the Rights of the Child and to the Parliament's resolution of 27 November 2014 on the 25th anniversary of the UN Convention on the Rights of the Child1a, __________________ 1a Texts adopted, P8_TA(2014)0070.
Amendment 52 #
2016/2219(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Amendment 137 #
2016/2219(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas millions of children around the world continue to suffer from all forms of violence, including the consequences and burden of war and its atrocitiesaccording to UNICEF's estimates 250 million children are living in countries affected by conflict, nearly 50 million children have either been forcibly displaced by violence and conflict or have migrated across borders and many continue to suffer from all forms of violence, exploitation, abuse, discrimination and poverty;
Amendment 146 #
2016/2219(INI)
Motion for a resolution
Recital Q d (new)
Recital Q d (new)
Qd. whereas, according to UNICEF, 1 in 200 children in the world is a child refugee, nearly one third of the children living outside their country of birth is a refugee and the number of child refugees doubled between 2005 and 2015;
Amendment 262 #
2016/2219(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the EUSR to consult systematically with civil society, including local civil society organisations, and youth and children, and relevant international organisations ahead of his visits to third countries;
Amendment 283 #
2016/2219(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Reiterates its support for dedicated Human Rights Dialogues as a tool of the EU’s human rights policy; acknowledges that they can be an efficient tool for bilateral engagement and cooperation, provided they allow counterparts to engage on issues of substance and send meaningful political messages, rather than merely exchanging information on best practices and challenges; invites the EU to systematically include discussions on the situation of the rights of women and children's rights in all Human Rights Dialogues;
Amendment 295 #
2016/2219(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes the EU Guidelines on human rights as a valuable EU human rights foreign policy tool providing practical guidance for EU delegations and for the Member States’ diplomatic representations; reiterates its call for the adoption of new EU Guidelines for the Promotion and Protection of the Rights of the Child without further delay;
Amendment 305 #
2016/2219(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Foreign Affairs Council and the VP/HR to request that the EU Heads of Mission and appropriate EU representatives (heads of EU Civilian Operations, Commanders of EU Military Operations and EU Special Representatives) report on cases of serious violation of international humanitarian law, and to promote the Code of Conduct regarding Security Council action against genocide, crimes against humanity or war crimes, committing UN Member States to support action by the Security Council aimed at preventing or ending such crimes; calls for the integration of child safeguarding policies in the operations of all EU civilian and military operations in contact with children;
Amendment 398 #
2016/2219(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Recalls that criminal networks are taking advantage of the lack of safe migration channels, and of the vulnerability of women, girls and children, in order to subject them to trafficking and sexual exploitation; calls on the Member States to step up judicial and police cooperation and information sharing to combat traffickers and to prevent children from going missing;
Amendment 400 #
2016/2219(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Is deeply concerned about the growing numbers of child refugees; highlights the importance of allocating adequate resources to the protection of refugee and migrant children from violence, exploitation and abuse; stresses the importance of providing children with access to health care and education as part of EU programmes to address the root causes of migration;
Amendment 465 #
2016/2219(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Supports the swift, effective and comprehensive implementation of the UN Guiding Principles on Business and Human Rights and Children's Rights and Business Principles; urges all UN member states, including the EU Member States, to develop and implement national action plans; considers that trade and human rights can go hand in hand and that the business community has an important role to play in promoting human rights and democracy;
Amendment 536 #
2016/2219(INI)
Motion for a resolution
Paragraph 57
Paragraph 57
57. Reaffirms its condemnation of all forms of abuse and violence against women and girls, especiallyincluding female genital mutilation (FGM) and child marriage, as well as the use of sexual violence as a weapon of war and domestic violence, and; calls on the EU and its Member States swiftly to ratify the Istanbul Convention in order to ensure coherence between EU internal and external action on violence against women and girls;
Amendment 550 #
2016/2219(INI)
Motion for a resolution
Paragraph 60
Paragraph 60
60. Reaffirms the urgent need for universal ratification and effective implementation of the UN Convention on the Rights of Child and its Optional Protocols, and requests that the EU systematically consult with relevant local and international child rights organizations and raises, in its political and human rights dialogues with third countries, the issue of State parties’ obligations to implement the Convention; welcomes the ratification of the Convention by South Sudan and Somalia; reiterates its call to the Commission and the VP/HR to explore ways and means for the EU to accede to the UN Convention on the Rights of the Child;
Amendment 554 #
2016/2219(INI)
Motion for a resolution
Paragraph 61
Paragraph 61
61. Reiterates its request that the Commission propose a comprehensive Child Rights Strategy and Action Plan for the next five years, in order to prioritise children’s rights within EU exboth EU external and internal policies and to promote children’s rights, in particular by contributing to ensuring children’s access to water, sanitation, healthcare and education, including in conflict zones and refugee camps, and eliminating child labour, torture, trafficking, early and forced marriage, female genital mutilation and sexual exploitation;
Amendment 557 #
2016/2219(INI)
Motion for a resolution
Paragraph 62
Paragraph 62
62. Requests that the EU continue to publicisromote the EU-UNICEF Child Rights toolkit ‘Integrating Child Rights in development Cooperation’ through its external delegations and to train EU delegation staff adequately in this field;
Amendment 704 #
2016/2219(INI)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Expresses the need for international assistance in efforts to search for and liberate women and children who still remain in the captivity of ISIS and other violent groups, and in promoting special programmes for treatment within the European Union of former captives; expresses concern over the recruitment of children by terrorist groups and their participation in terrorist and military activities; stresses the need to establish policies to guide the search for, and the liberation, rehabilitation and reintegration of these children;
Amendment 47 #
2016/2147(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that the programme budget, management and implementation is spread over 20 different bodies; queries whether this results in excessive coordination efforts and redundancy; asks the Commission to reflect on how to simplify this; underlines the need for the clear presentation of the new European Innovation Council's portfolio and responsibilities;
Amendment 53 #
2016/2147(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that Pillars 2 and 3 are too focused on higher Technology Readiness Levels (TRLs), which limits the future absorption of disruptive innovations that are still in the pipeline of research projects with lower TRLs; considers that TRLs exclude non-technological forms of innovation generated by fundamental or applied research, particularly from SSH;
Amendment 61 #
2016/2147(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to offer a balanced mixset of small, medium and large- sized projects; notes that the average budget for projects has increased under H2020 and that larger projects requirefavour participants with large financial and staff capabilities; notes that this favours large institutions, creating a problem for smaller Member States and for small participants from larger Member States; regrets that this poses obstacles for newcomers and concentrates funding in elite institutiongreater experience in the Framework Programmes projects, creating some barriers for newcomers;
Amendment 74 #
2016/2147(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the current alarmingly low success rate of 14 %s represents a negative trend compared to FP7; regrets that the cuts inflicted by EFSI have deepened this problem;
Amendment 84 #
2016/2147(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Insists that research can be a risky investment for private investors and that funding research practice through grants is a necessity; regrets the tendency, in some cases, to move away from grants towards the use of loans; recognises that loans mustfinancial instruments should be available for high TRL,s and close to market activities, within other types of instruments (e.g. EIB schemes) outside of the FP as a part of the Framework Programme (InnovFin) or outside it (EIB schemes);
Amendment 86 #
2016/2147(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines that several Member States are not respecting their national R&D investment commitments; calls for the earmarking of and stresses that the 3% of GDP target needs to be met; calls for the possible high usage of the Structural Funds for R&D activities, especially and programmes, investments in capacity building, infrastructure and salaries, asks that the 3% of GDP target be met, and hopes that this well as supporting activities for the preparation of proposals can be raised to 4% in the not too distant futured projects management;
Amendment 111 #
2016/2147(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Confirms that ‘'excellence’' should remain the keycore and undisputed evaluation criterion across all the three pillars, while noting that it is only one of the three evaluation criteria, alongside ‘ of the FP, but stresses as well existing 'impact’' and ‘'quality and efficiency of the implementation’; calls for the reweighting of these criteria and invites the Commission to set out additional sub- criteria by adding ‘SSH integration and geographical balance’ under ‘impact’ and ‘project size’ under ‘efficiency of the implementation’' criteria and therefore invites the Commission to include into the 'impact' criterion the problem of 'underrepresented EU regions involvement' and 'the exploitation of the research infrastructure financed from ESIF';
Amendment 125 #
2016/2147(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to better define ‘'impact’'; stresses that the assessment of the impact of fundamental research projects should remain flexible and its relative weight in the evaluation procedure should be decreased; asks the Commission to check that the balance between bottom-up and top-down calls is maintained and to analyse which procedure (one or two stage) is more useful to avoid oversubscription;
Amendment 142 #
2016/2147(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to continue to enhance the societal challenges approach and emphasises the importance of collaborative research; underlines the need to reinforce somimportance of regular revision of the adequacy of the sSocietal cChallenges such as innovation in agriculture and health, especially cancer and antimicrobial resistance research planslist as well as flexibility of the budget dedicated to each of them;
Amendment 162 #
2016/2147(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that synergies between funds are crucial to make investments more effective; stresses that RIS3 are an important tool to catalyse synergies setting out national and regional frameworks for R&D&I investments; regrets the presence of substantial barriers to making synergies fully operational19 such as the State Aid rules, aims for the alignment of rules and procedures for R&D&I projects under ESIF and FP; calls on the Commission to revise the State Aid rules and to allow R&D structural fund projects to be justifiable within the FP rules of procedure; _________________ 19Large research infrastructure fits within the scope and goals of the ERDF, but ERDF funds allocated nationally cannot be used to co-finance it; construction costs associated with new research infrastructures are eligible under the ERDF, but operational and staff costs are not.
Amendment 170 #
2016/2147(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that the R&I capabilities of North/South and West/East Member States are very different; recognises the European dimension tosuccessful implementation of the European Research Area requires full usage of the R&D&I potential of the all Member States and recognises the problem of the participation gap, which must be addressed by the FP if the EU is to exploit its full potential; welcomes, in this respect, the Widening Programme in Horizon 2020 programme; welcomes in this respect the Spreading Excellence and Widening Participation policy and calls on the Commission to increase its budget substantially; calls on the Commission to assess whether the three Wwidening instruments have achieved their specific objectives and to clarify the rational and general goal of the Programme, to review the indicator used to define ‘underrepresented’ countries, and to keep a dynamic list that allowsprovide the balanced and adopted set of instruments responding to the existing EU disparities in research and innovation field; calls on the Commission and Member States to be in work out depending on how their capabilities evolve; calls on the Commission to adapt or adopt new measures to bridge this gapthe clear rules allowing the full implementation of Seal of Excellence scheme; calls to review the indicators used to define 'underrepresented' countries and to verify regularly the list of those countries during the framework programme implementation;
Amendment 187 #
2016/2147(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recognises the importance of incorporating research and entrepreneurship skills into Member States’ primary and high school education systems in order to encourage young people to develop these skills, as R&D should be viewed in structural rather than cyclical or temporal terms; calls on the Member States and the Commission to enhance employment stability and attractiveness for young researchers; calls on the Commission to provide new increased levels of support for young researchers, such as a new funding scheme for early-stage researchers with less than three years of experience after PhD completion;
Amendment 197 #
2016/2147(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Confirms that international co- operation fell from 5% in FP7 to 2.8% in Horizon 2020; calls on the Commission to revise the terms of international cooperation, recalls that the FP should contribute to ensuring that Europe remains a key global player, while underlining the importance of scientifice diplomacy; calls for a strategic vision and structure to support this objective and welcomes all initiatives involving third countries such as PRIMA;
Amendment 206 #
2016/2147(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. RecallNotes that SSH integration means SSH research in interdisciplinary projects and not an ex-post add-on to otherwise technological projects, and that the most pressing problems faced by the EU require methodological research that is more conceptually focused on SSH; calls on the Commission either to introduce a minimum percentage dedicated to SSH funding, or to create an evaluation sub-criterion that takes account of its inclusion inare underrepresented in the current Framework Programme and calls on the Commission to work out the mechanisms allowing to integrate them widely into the interdisciplinary FP9 projects;
Amendment 217 #
2016/2147(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Underlines that Horizon 2020 is not focused on the ‘'valley of death’' that constitutes the main barrier to converting prototypes into mass production, and that H2020 is the first FP to put research and innovation together; welcomes the creation of an EIC20 , but insists that this should not lead again to the separation of research from innovation; _________________ 20Commission Communication entitled ‘Europe’s next leaders: the Start-up and Scale-up Initiative’ (COM/2016/0733).
Amendment 225 #
2016/2147(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to clarify the instruments and functioning of the EIC; underlines the need to keep and strengthen the SME Instrument and the Fast Track to Innovation, and to facilitate funding for the final stages of research so that laboratory scientific innovations can develop into commercial businesses; asks the Commission to analyse also how KICs can be integrated into the EIC and stresses the need to evaluate the EIC pilot results to propose the balanced mix of instruments for EIC portfolio; underlines the need to keep and strengthen the SME Instrument and the Fast Track to Innovation; invites the Commission to work out mechanisms including SMEs into big FP projects; calls on the Commission to keep KICs in the current EIT structure;
Amendment 235 #
2016/2147(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 250 #
2016/2147(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Welcomes the Open Science pilot funding as a first step towards an Open Science Cloud; recognises the relevance of e-infrastructures and supercomputing, the need for public and private sector stakeholders and civil society to be involved and the importance of citizen science in ensuring that society plays a more active part in the definition of the problems; calls for a scientific metadata structure and procedures for the generation of such data in order to feed the European OSC and ensure data exploitation; calls on the Commission and the public and private research community to explore new models that integrate private cloud resources and public e- infrastructures and the launch of citizen agendas in science and innovation;
Amendment 266 #
2016/2147(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Welcomes the success of H2020 and the 1:11 leverage factor; notes the oversubscription and the challenges that lie ahead, and calls for a budgetary increase of EUR 100 billion for FP9calls on the Commission to increase the budget of FP9 to EUR 120 billion and insists on avoiding fragmentation and dispersing of this budget;
Amendment 270 #
2016/2147(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Stresses that the main goals of FP9 programme should remain strengthening of the EU competitiveness, creating growth and jobs, bringing new knowledge and innovations in order to tackle the crucial challenges faced by Europe as well as the further progress towards developing sustainable European Research Era; welcomes in this respect the current pillar structure of the FP and calls on the Commission to retain this structure for the sake of continuity and predictability.
Amendment 277 #
2016/2147(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Notes that the EU faces numerous significant and dynamic challenges and calls on the Commission to provide in Pillar 3 balanced set of instruments responding to the dynamic nature of emerging problems; underlines the need of providing sufficiently flexible budget for the specific challenges in Pillar 3 as well as the regular revision of the adequacy of those challenges;
Amendment 279 #
2016/2147(INI)
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
26c. Encourages the Commission to continue its efforts on enhancing synergies between FP9, ESIF and EFSI and providing fewer instruments with harmonised rules (State Aid); askes Commission therefore to continue work on the coherence, simplification, transparency and clarity of the programme, on improving the evaluation process and on reducing fragmentation;
Amendment 280 #
2016/2147(INI)
Motion for a resolution
Paragraph 26 d (new)
Paragraph 26 d (new)
26d. Calls on the Commission to keep adequate balance between fundamental research and innovation within FP9; notes a need of strengthening of the collaborative research; underline the necessity of inclusion SMEs into collaborative projects and creating corresponding mechanisms and rules;
Amendment 281 #
2016/2147(INI)
Motion for a resolution
Paragraph 26 e (new)
Paragraph 26 e (new)
26e. Notes that FP9 should tackle the possible problem of the oversubscription and low success rates faced in Horizon 2020; suggests to consider the reintroduction of the two stage evaluation procedure with the unified first stage and specified second stage dedicated to the selected applicants; calls on the Commission to ensure sufficiently comprehensive ESRs with indications on how the proposal could be improved;
Amendment 282 #
2016/2147(INI)
Motion for a resolution
Paragraph 26 f (new)
Paragraph 26 f (new)
26f. Underlines the need of strengthening the international cooperation within FP9 and spreading science diplomacy.
Amendment 283 #
2016/2147(INI)
Motion for a resolution
Paragraph 26 g (new)
Paragraph 26 g (new)
26g. Stresses that the European Union needs to fully use the existing R&D&I potential of all Member States and provide adequate and equal opportunities for the scientific development to all the European scientists and researchers in order to implement successfully the European Research Area concept; calls on the Commission to strengthen current efforts to support wider participation in FP9 to demonstrate European added value and handle the existing disparities in Europe in research and innovation field; asks the Commission to work out the balanced set of Widening Participation instruments and measures, having in mind that the budget for those instruments needs to be increased significantly; underlines the need for providing cooperation patterns enhancing brain circulation and opening the existing networks to newcomers; asks for creating mechanisms allowing inclusion of research infrastructure financed from ESIF into FP9 projects; calls to review the indicators used to define 'underrepresented' countries and regularly verify the list of those countries during the implementation of the framework programme;
Amendment 284 #
2016/2147(INI)
26h. Calls on the Commission to improve transparency and clarity of rules for public-private cooperation within FP9 projects following the results and recommendations stemming from the evaluation; asks the Commission to verify and assess the existing instruments for public-private partnerships;
Amendment 290 #
2016/2147(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission to separate military defence research from civilian civil research in the next MFF, since EU needs these must be two different programmes with two different budgets that do not affect the budgetary ambitions and main goals of FP9;
Amendment 296 #
2016/2147(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 313 #
2016/2147(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 318 #
2016/2147(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 334 #
2016/2147(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Notes that R&D investment by industry has not significantly increased; in view of the generally scarce resources for public R&D spending, calls for industrial competitiveness to be supported by differentiating between mature and emerging sectors, thus allowing larger or more mature industries to participate in projects more at their own cost or through loans;
Amendment 358 #
2016/2147(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Regrets the mixed set of results achieved by the gender equality focus in H2020, as the only target reached is the share of women in the advisory groups, while the share of women in the project evaluation panels and among project coordinators, and the gender dimension in research and innovation content, remain below target levels; encourages Member States to create a gender-positive legal and political environment and to provide incentives for change, and calls on the Commission to continue to promote gender equality and mainstreaming in FP9 and to consider the possibility of gender as a sub- criterion in the evaluation phase;
Amendment 367 #
2016/2147(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Notes that the next FP will have to take account of the UK’s departure from the EU; notes that R&I benefits from clear and stable long-term frameworks, and that the UK has a leading position in the field of scienceFP9 needs to take into consideration the Brexit implications and calls on the Commission to provide the solutions, which will prevent EU from losing scientific results generated in Horizon 2020 and FP9 projects; expresses the wish that networks and collaboration with entities in the UK can continue and that stable and satisfying solutions can be found quickly;
Amendment 900 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 15 – paragraph 1
Rule 15 – paragraph 1
The President, Vice-Presidents and Quaestors shall be elected by secret ballot, in accordance with Rule 182. Nominations shall be with consent. They may only be made by a political group or by at least 40 Members. However, if the number of nominations does not exceed the number of seats to be filled, the candidates may be elected by acclamation. Members shall be permitted to serve a maximum of two terms in the office of President pursuant to Rule 19(1), regardless of whether they are served consecutively or not.
Amendment 11 #
2016/2100(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that EU competition law and authorities need to guarantee a level playing field in the digital single market; calls on the Commission to launch an in-depth debate on how far the traditional reasoning underlying competition law is suited to the specific conditions of the digital world and its new challenges, and asks it to pursue a policy of active, effective and accelerated enforcement of the competition rules, in particular in the online search and mobile internet sector, in order to remove barriers to innovation and to enable EU consumers to seize all the opportunities that a genuine digital single market can offer;
Amendment 35 #
2016/2100(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for active monitoring of all possible competition issues related to unjustified geo- blocking and other restrictions on online sales; regrets that most e-commerce takes place nationally and that a true internal market without national barriers is not existing in this sector; welcomes the ongoing e-commerce sector enquiry, which should be conducted thoroughly and brought to an expeditious close and which may provide useful input for other actions within the digital single market strategy;
Amendment 45 #
2016/2100(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates the need for the timely and proper implementation of Directive 2014/104/EU on antitrust damages actions, and encourages the Commission in the strongest possible terms to monitor its implementation closely and to pursue this issue with the Member States; strongly regrets that the implementation is proceeding slowly and many of the Member States have adopted not even a proposal for implementing legislation; therefore, encourages the Commission in the strongest possible terms to monitor its implementation closely and to pursue this issue with the Member States; stresses that access to justice, which may include the availability of collective redress, is essential for the attainment of the objectives of EU competition policy;
Amendment 48 #
2016/2100(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that Parliament, in its report on unfair trading practices in the food supply chain, drew the Commission’s attention to the difficulty of ensuring fair competition given the dual role of distributors which make their own products; welcomes the Commission’s ongoing analysis aimed at determining whether distributors’ brands can create anti-competitive advantages on the market, and calls on the Commission to inform Parliament of the results of this inquiry;
Amendment 52 #
2016/2100(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Notes that, in its resolution on the annual report on competition policy for 2014, the European Parliament called on the Commission to closely monitor alliances between major distributors in Europe, and welcomes the Commission’s willingness to discuss the impact of such alliances on producers and consumers within the European Competition Network;
Amendment 57 #
2016/2100(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Looks forward to the Commission’s proposal on the ECN+, and calls for the full involvement of the European Parliament under the ordinary legislative procedure; considers that effective tools to tackle distortions of competition are crucial for the functioning of the single market, and that it is imperative to ensure that consumers and businesses can rely on the consistent application of EU competition rules throughout the EU.; considers that European-wide minimum standards are particularly needed as regards leniency programs, sanctions and the independence of national competition authorities;
Amendment 60 #
2016/2100(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the current revision of the General Block Exemption Regulation (GBER); recalls that there is legal uncertainty regarding the issue of whether the allocation of public funding to tourism organisations in its current form is in line with EU state aid rules; calls on the Commission to provide an adequate legal state aid basis for the Member States to support tourism as an important economic factor in the internal market; therefore, stresses the need to take up a new GBER exemption.
Amendment 66 #
2016/2100(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Regards competition in the telecommunication sector as crucial to drive innovation and investment in networks, as well as for choice in services for consumers; regards the rapid broadband expansion as key to the completion of the digital single market; welcomes in this context that the Commission will consider the strategic connectivity objectives, as set out in the Telecommunication Package, when applying the Broadband State Aid Guidelines.
Amendment 16 #
2016/2052(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges that the current geopolitical environment and the situation in Europe, in particular, the exposure to constant migration flows and terrorist attacks, call for the Union to assume greater responsibilities in the fields of both external and internal security and to pursue more ambitious goals such as a European Army, and welcomes the European Council’s conclusions of June 2015 asking for further development of both civilian and military capabilities and the strengthening of Europe’s defence industry;
Amendment 27 #
2016/2052(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that the already existing internal market instruments offer solutions for effective cooperation among Member States and for building on economies of scale, working towards a greater strategic convergence, in order to avoid duplications and make expenditure more efficient in times of budget constraints and in view of the imminent risks of the EU defence sector losing critical expertise and innovation, technology sovereignty, autonomy and competitiveness advantages;
Amendment 30 #
2016/2052(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls the crucial need to maintain a viable European defence technological and industrial base and a well-functioning internal market. A genuine internal market for defence should enable defence companies to operate freely and ensure a level playing field throughout the EU. This will lead to a strong and innovative European Defence Technological and Industrial Base (EDTIB), which is essential for Europe's strategic autonomy and for a credible CSDP; furthermore, a future EU research fund for defence in the next Multi-annual Financial Framework offers a chance to foster European military and industrial cooperation through the added value generated by the support of innovative research & technology;
Amendment 37 #
2016/2052(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges the Member States to step up efforts and fully enforce Directive 2009/81/EC, concerning procurement in the fields of defence and sensitive security, and Directive 2009/43/EC, concerning the transfer of defence-related products, while noting that Member States have made little use of the available tools, for example joint purchases through central purchasing bodies such as the European Defence Agency. Acknowledges in particular that the Commission is finalising the evaluation of Directive 2009/81/EC and Directive 2009/43/EC and awaits recommendations in order to improve the implementation of the Directives at national level, also in order to improve uptake by industry and SMEs;
Amendment 43 #
2016/2052(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges the Member States to fully enforce Directive 2009/81/EC, concerning procurement in the fields of defence and sensitive security, and Directive 2009/43/EC, concerning the transfer of defence-related products, and stresses the importance of cross-border market access for SMEs, while noting that Member States have made little use of the available tools, for example joint purchases through central purchasing bodies such as the European Defence Agency;
Amendment 45 #
2016/2052(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recalls that fostering cross-border market access and the opening of supply chains is crucial for an effective European Defence Equipment Market. Competition should not be limited to the level of prime contractors; sub-suppliers, in particular SMEs, should benefit from the opening-up of national defence markets;
Amendment 53 #
2016/2052(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that the new CSDP provides greater flexibility, for example through stronger Member State cooperation within a ‘permanent structured cooperation’ framework, which could take various forms, including joint research, development and procurement; calls for the creation of a structure for the exchange of information on terrorism and cybersecurity;
Amendment 63 #
2016/2052(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Urges the European Commission to be ambitious in its forthcoming European Defence Action Plan (EDAP) which will have to underline, as a strategic tool, the EU unique added value in the defence sector. Towards this objective it is fundamental that the EDAP contains elements that can contribute to the fostering of the industrial cooperation towards the development of defence capabilities programmes; in particular, the funding of critical defence technologies by a future EU-funded defence research programme in the next Multi-annual Financial Framework to support a strong European industrial base will allow the retaining of critical technologies within EU that are essential for Europe's autonomy of decision and action; ensuring cross-border cooperation at all levels of the supply chain, from primes to SMEs, bringing together several Member States, industry and academia;
Amendment 72 #
2016/2052(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights the importance of intensifying the synergies between security and defence and the synergies with other Union policies, and of building on integrated capabilities in order to develop common approaches in the areas of, for example, hybrid threats, terrorism, external border security, illegal immigration, common intelligence, cybersecurity and harmonisation of customs controls;
Amendment 77 #
2016/2052(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that with regard to cybersecurity, the protection against cyberattacks is essential, but should not impair an open, free and secure cyberspace; stresses the importance of the expansion of technological capabilities to make the European cyberspace more resilient, especially as regards critical infrastructures; considers Directive EU 2016/1148 on security of network and information systems an important step towards this goal;
Amendment 93 #
2016/2052(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Believes that the repeated use of Article 25 of the Schengen Regulation as an instrument to tackle terrorism and contain secondary movements of migrants would risk jeopardizing the proper functioning of the internal market; in this regard, desires the rapid adoption of the new counter-terrorism Directive, and an equally rapid reform of the Dublin system.
Amendment 17 #
2016/2047(BUD)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Underlines the need to confirm the required budget for the Preparatory Action for Common Security and Defense Policy (CSDP) - related Research;
Amendment 191 #
2016/2047(BUD)
Motion for a resolution
Paragraph 60 b (new)
Paragraph 60 b (new)
60 b. stresses that the Parliament and the Council, in order to create long term savings in the Union budget, must address the need for a roadmap to a single seat, as requested by the large majority of this Parliament in several resolutions;
Amendment 86 #
2016/2019(BUD)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Considers that the structural and organisational reforms aimed at achieving greater efficiency, environmental sustainability, and effectiveness should continue through the thorough examination of possible synergies and savings; recalls the substantial savings that could be made by having only one place of work instead of three (Brussels, Strasbourg, Luxembourg); underlines that this process should be lead without endangering Parliament's legislative excellence, its budgetary powers and powers of scrutiny, or the quality of working conditions for Members, assistants, and staff;
Amendment 14 #
2016/2010(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to monitor the evolving postal sector, including the growth of e-commerce and e-substitution, and to respond where necessary to ensure the sustainability of the USO, including by promoting flexible implementation of Postal Services Directive at local level;
Amendment 44 #
2016/2010(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Highlights that the Alternative Dispute Resolution Directive and the online dispute resolution platform may benefit consumers and businesses in cross-border transactions; calls for further mechanisms for adequate consumer redress in postal services to be introduced, including a collective approach to redress where needed.;
Amendment 202 #
2016/0409(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) SIS should contain alerts on missing persons to ensure their protection or to prevent threats to public security. Issuing an alert in SIS for children at risk of abduction (i.e. in order to prevent a future harm that has not yet taken place as in the case of children who are at risk of parental abduction) should be limited, therefore it is appropriate to provide for strict and appropriate safeguards. In cases of children, these alerts and the corresponding procedures should serve the best interests of the child having regard to Article 24 of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child of 20 November 1989. Law enforcement authorities' decisions on the follow up to an alert related to a child shall be taken in cooperation with child protection authorities and the national hotline for missing children shall be informed. In case of missing unaccompanied minors the purpose for competent authorities to access the data inserted in SIS shall be to protect children and their best interest;
Amendment 250 #
2016/0409(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure a safe environment for all persons residing on the territory of the European Union and special protection for children who could be victim of trafficking or parental abduction while fully respecting the protection of personal data. Facial images, fingerprints, palm prints and DNA of children shall be collected, stored, retrieved and used only for the purpose of the protection of the child and her/his best interest
Amendment 363 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point c a (new)
Article 32 – paragraph 2 – point c a (new)
(c a) missing children, including: (i) Runaways (ii) Missing children in the context of migration (iii) Abductions by a third person (iv) Lost, injured or otherwise missing children
Amendment 368 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. PAn alert on a child referred to in paragraph 2(ad) shall apply in particular to children and to persons who have to be interned following a decision by a competent authority.be entered at the request of the competent authorities of the Member State. The competent child protection authorities, including the national 116 000 hotline and, in case of missing unaccompanied children, the guardian, shall be informed;
Amendment 380 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. Member States shall ensure that the data entered in SIS indicate which of the categories referred to in paragraph 2 the missing person falls into. Further, Member States shall also ensure that the data entered in SIS indicate which type of missing or vulnerable person case is involved. The rules on the categorisation of the types of cases and the entering of such data shall be laid down and developed by means of implementing measures in accordance with the examination procedure referred to in Article 72(2)An alert on a child referred to in paragraph 2(d) needs to indicate to which category of missing child the alert falls into.
Amendment 384 #
2016/0409(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Where a person as referred to in Article 32 is located, the competent authorities shall, subject to paragraph 2, communicate his or her whereabouts to the Member State issuing the alert. In the case of missing children or children who need to be placed under protection the executing Member State shall consult immediately the issuing Member Statechild protection authorities and the national 116 000 hotline for missing children in order to agree without delay on the measures to be taken in order to safeguard the best interest of the child. The competent authorities may, in the cases referred to in Article 32(2)(a), (c) and (cd), move the person to a safe place in order to prevent him or her from continuing his journey, if so authorised by national law. . If the alert concerns a child, the decision on the safe place shall take in consideration the vulnerability of the child and his or her best interest.
Amendment 71 #
2016/0404(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) In accordance with the Services Directive (2006/123/EC), another of the legal instruments underpinning this proposal for a directive, it is consistent, appropriate and necessary to exclude health professions from the scope of this Directive, along the same lines as the European legislator provided for in the Services Directive with regard to health services. In this respect, the Member States must regulate health services in the general interest in terms of safeguarding quality and protecting public health, applying the proportionality principle as they have being doing thus far, and taking into account the specific demographic, geographical, financial and cultural circumstances in the country concerned.
Amendment 76 #
2016/0404(COD)
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) Health services in the EU are among the top-ranked in the world in terms of accessibility and the high quality of health services provided to citizens, and this has been achieved thanks to extensive regulation of health professions at national level.
Amendment 77 #
2016/0404(COD)
Proposal for a directive
Recital 7 c (new)
Recital 7 c (new)
(7c) The Court of Justice and the European legislator have held that people’s health and lives are of prime importance among the assets and interests protected by the TFEU. Both have also acknowledged that it is for the Member States to determine the level of protection they wish to grant to public health, and the manner in which that level should be achieved.
Amendment 80 #
2016/0404(COD)
Proposal for a directive
Recital 7 d (new)
Recital 7 d (new)
(7d) The Member States currently take the proportionality principle into account when formulating their health policies, including those relating to the regulation of health professions, so that such regulation evolves in step with scientific development and with the development and requirements of health systems, in line with societal demands.
Amendment 88 #
2016/0404(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The burden of proof ofas regards justification and proportionality lies onwith the Member States, who must be assisted by professional organisations and other stakeholders. The reasons for regulation invoked by a Member State by way of justification should thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that Member State and by specific evidence substantiating its arguments.
Amendment 95 #
2016/0404(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Member States should carry out proportionality assessments in an objective and independent manner, including where a profession is regulated indirectly, by giving a particular professional body the power to do so. In particular, while the assessment of the local authorities, regulatory bodies or professional organisations, whose greater proximity to local conditions and specialised knowledge could in certain cases make them better placed to identify the best way of meeting the public interest objectives, there is particular reason for concern in cases where the policy choice made by those authorities or bodies provides benefits to established operators at the expense of new market entrantsThe Member States may obtain comments from any bodies they consider relevant and capable of providing such comments, especially bodies that are part of the national legislative process and have advisory powers, such as professional organisations, for example.
Amendment 104 #
2016/0404(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Where the taking-up and pursuit of certain employed or self-employed activities are conditional on complying with certain provisions relating to specific professional qualifications, laid down directly or indirectly by the Member States, it is necessary to ensure that such provisions are justified by public interest objectives, such as those within the meaning of the Treaty, namely public policy, public security and public health or by overriding reasons of general interest, recognised as such in the case-law of the Court of Justice. It is important to ensure that public interest objectives are adequately identified in order to determine the intensity of the regulation. For example, in order to ensure a high level of protection of public health, Member States should enjoy a margin of discretion to decide on the degree of protection which they wish to afford to public health and on the way in which that protection is to be achieved. It is also necessary to clarify that among the overriding reasons of general interest, recognised by the Court of Justice, are preserving the financial equilibrium of the social security system; the protection of consumers, of the recipients of services and of workers; safeguarding the proper administration of justice; fairness of trade transactions; combating fraud and prevention of tax evasion and avoidance; road safety; the protection of the environment and the urban environment; the health of animals; intellectual property; the safeguarding and conservation of the national historic and artistic heritage, social policy objectives and cultural policy objectives. According to settled case-law, purely economic reasons, having essentially protectionist aims, as well as purely administrative reasons, such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest. The security of digital data, as well as industrial and energy security, must also be considered to be principles of general interest.
Amendment 107 #
2016/0404(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Where a Member State intends to regulate a profession or to amend existing rules, account should be taken of the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, to professionals or third parties. It should also be borne in mind that, in the field of professional services, there is usually an asymmetry of information between consumers and professionals. Professionals display a high level of technical knowledge which consumers may not have and consumers therefore find it difficult to judge the quality of the services provided to them. Member States should apply the proportionality criteria laid down in this Directive when introducing new or substantially amending existing legislative, regulatory or administrative provisions, to the extent that those criteria are relevant for a given profession. The extent of the assessment should be proportionate to the nature, the content and the impact of the provision being introduced, and should take into account the entirety of the regulatory context for a given regulated profession.
Amendment 116 #
2016/0404(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Requirements linked to professional qualifications should be considered as necessary only where existing measures, such as consumer protection law, cannot be regarded as being strictly suitable or genuinely effective to achieve the aim pursued.
Amendment 117 #
2016/0404(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Among the elements to be taken into account by national authorities, the following are of most relevance: the link between the scope of professional activities covered by a profession and the professional qualification required; the complexity of the tasks in particular as regards the level, the nature and the duration of the training or experience required; the existence of different routes to obtain the professional qualification; the scope of the professional activities, reserved to holders of a particular professional qualification, and in particular whether the activities reserved to certain professionals can be shared with other professionals; the degree of autonomy in exercising a regulated profession in particular where the activities relating to a regulated profession are pursued under the control and responsibility of a duly qualified professional. The failure to take account of one of the aforementioned elements does not mean that the proportionality assessment has not been carried out correctly.
Amendment 134 #
2016/0404(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Member States should carry out a comparison between the national measure at issue and the alternative and less restrictive solutions that would allow the same objective to be attained but would impose fewer restrictions. Where the measures are justified by consumer protection and where the risks identified are limited to the relationship between the professional and the consumer without negatively affecting third parties, the objective could be attained by less restrictive means than reserving activities to professionals, such as protection of the professional title or enrolment on a professional register. Regulation by way of reserved activities should be used only in cases where the measures aim at preventing a risk of serious harm to public interest objectives.
Amendment 139 #
2016/0404(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) The introduction of additional requirements might be suitable to attain the public interest objectives. The mere fact that their individual or combined effect should be assessed does not mean that those requirements are prima facie disproportionate. For example, the obligation to undergo continuous professional development might be suitable to ensure that professionals keep abreast of developments in their respective areas, as long as it does not lay down discriminatory and disproportionate conditions to the detriment of new entrants. Likewise, compulsory membership of a professional organisation should be considered appropriate where professional organisations are entrusted by the State with safeguarding the relevant public interest objectives, for example in supervising the legitimate practice of the profession, or organising or supervising continuous professional training; where the independence of a profession cannot be adequately guaranteed by other means, Member States may consider the application of safeguards, such as limiting the shareholding of persons outside the profession or providing that the majority of the voting rights are to be held by persons practising the profession, as long as such safeguards do not go beyond what is necessary in order to protect the public interest objective. Where the introduction of additional requirements duplicates requirements which have already been introduced by a Member State in the context of other rules or procedures, such requirements cannot be regarded as proportionate to achieve the objective pursued.
Amendment 144 #
2016/0404(COD)
Proposal for a directive
Recital 20 b (new)
Recital 20 b (new)
(20b) Proportionality assessments on legislation restricting access to regulated professions must be accompanied by a methodology that makes it clear what steps competent authorities are required to take, and stakeholders such as professional organisations also need to be involved in the process.
Amendment 146 #
2016/0404(COD)
Proposal for a directive
Recital 21
Recital 21
(21) It is essential for the proper functioning of the internal market to ensure that Member States provide information to citizens, professional organisations and representative associations or other relevant stakeholders beforewhen introducing new measureor amending existing requirements restricting access to, or pursuit of, regulated professions, and give them the opportunity to make known their views.
Amendment 158 #
2016/0404(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules on a common framework for conducting proportionality assessments beforewhen introducing new or substantially amending existing legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, with a view to ensuring the proper functioning of the internal market.
Amendment 167 #
2016/0404(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. This Directive shall not apply to requirements restricting access to, or the pursuit of, regulated professions providing health services, including pharmaceutical services, whether or not they are provided in healthcare facilities, and regardless of the ways in which they are organised and financed at State level or whether they are public or private.
Amendment 197 #
2016/0404(COD)
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The Member States shall, on a regular basis and with an appropriate frequency, assess the effects of the implementation of this Directive on new or amended legislative, regulatory or administrative provisions.
Amendment 204 #
2016/0404(COD)
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Member States shall take the necessary measures to ensure that the assessment of proportionality referred to in paragraph 1 is carried out in an objective and independent manner including through involvement of independent scrutiny bodies and professional organisations.
Amendment 210 #
2016/0404(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The relevant competent authoritiMember States shall consider in particular whether those provisions are objectively justified on the basis of public policy, public security or public health, or by overriding reasons in the public interest, such as preserving the financial equilibrium of the social security system, the protection of consumers, recipients of services and workers, the safeguarding of the proper administration of justice, fairness of trade transactions, combating fraud and prevention of tax evasion and avoidance, road safety, guaranteeing the quality of craft work, research and development, the protection of the environment and the urban environment, the health of animals, intellectual property, the safeguarding and conservation of the national historic and artistic heritage, social policy objectives and cultural policy objectives, the security of digital data, and industrial and energy security.
Amendment 230 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. When assessing the necessity and the proportionality of the provisions, the relevant competent authoritiMember States shall consider in particular:
Amendment 252 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) the appropriate link between the scope of activities covered by a profession or reserved to it and the specific professional qualification required;
Amendment 310 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. The Commission shall provide guidelines on the procedure and methodology that the Member States must follow to conduct proportionality assessments on legislative, regulatory or administrative provisions restricting access to regulated professions that they wish to introduce or amend, making reference to the elements described in Article 6(2) of the proposal for a directive.
Amendment 316 #
2016/0404(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall, by appropriate means, inform citizens, service recipients, representative associprofessional organisations and relevant stakeholders other than the members of the profession befowhen they are introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, and give them the opportunity to make known their views.
Amendment 317 #
2016/0404(COD)
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a The obligation to provide information referred to in the previous paragraph shall also apply when new legislative, regulatory or administrative provisions removing restrictions on access to or pursuit of regulated professions are introduced, or existing ones are amended, and all stakeholders shall be given the opportunity to make known their views.
Amendment 330 #
2016/0404(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States and other interested parties, including professional organisations, may submit comments to the Commission or to the Member State which has notified the provisions.
Amendment 68 #
2016/0403(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) RThe requirements remain in place which make expansion of service providers' operations across the internal market burdensome and unappealing, such as multiple and disparate authorisation schemes before different authorities and, which, regarding establishment, fail to achieve mutual recognition of conditions previously complied with in other Member States or, regarding temporary cross-border provision of services apply disproportionate or unjustified restrictions. Furthermore, self-employed workers providing cross-border services who are required to have a specific professional qualification come up against barriers in respect of recognition of their professional qualification. As a consequence, service providers face multiple and disproportionate compliance costs when going cross-border.
Amendment 75 #
2016/0403(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In so doing, this Regulation specifically targets business and construction service sectors included in scope of Directive …[ESC Directive]… which face some of the most stringent regulatory and administrative barriers to cross-border expansion and consequently have an unexploited potential for internal market integration. The e-card procedure will apply only to undertakings that supply services and will exclude self- employed workers providing services on a temporary basis, who must therefore be subject to recognition of their professional qualifications under Directive 2005/36/EC of the European Parliament and of the Council.
Amendment 78 #
2016/0403(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The e-card procedure will apply only to undertakings that supply services, while self-employed workers providing services on a temporary basis will be excluded from the scope of the Directive and must therefore be subject to recognition of their professional qualifications under Directive 2005/36/EC of the European Parliament and of the Council.
Amendment 84 #
2016/0403(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to specify the details of the information to be contained in the standard application form and the documents to be included in the application as supporting evidence. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at with the social partners, professional and business organisations and expert levels, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 85 #
2016/0403(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Those consultations should in particular involve stakeholders from the sectors which fall under the scope of this Regulation, including professional and sectoral organisations and social partners in the services sector.
Amendment 91 #
2016/0403(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Holders of a European services e- card may want to second staff into the territory of the host Member State. When doing so, service providers may be subject to requirements, such as prior declarations addressed to the host Member State, necessary for the protection of posted workers or their registration with an appropriate professional organisation to be able to provide their services. The European Services e-card will in no way affect the content of such declarations and the responsibilities by the host Member State in that regard or the obligations arising in the host Member State to be able to provide services.
Amendment 111 #
2016/0403(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) Professional organisations which offer group cover related to professional liability insurance to their members or to service providers under specific conditions must ensure access to such cover, under the same conditions and in a non-discriminatory manner, to service providers from other Member States. Applicants for the Professional Card wishing to access such group cover should, if necessary, require their employees to be registered with the professional organisation or association of the country of destination of their employees, so as, inter alia, to benefit from the lower costs of collective professional policies and the extent of their cover.
Amendment 113 #
2016/0403(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation introduces a European services e-card and related administrative facilities, which shall be made available throughout the European Union to undertakings that providers of services and are willing to avail themselves of that e-card.
Amendment 121 #
2016/0403(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. The e-card procedure shall apply only to undertakings that supply services, while self-employed workers providing services on a temporary basis will be excluded from the scope of the Directive and, in order to be able to provide their services, must be subject to recognition of their professional qualifications under Directive 2005/36/EC of the European Parliament and of the Council.
Amendment 127 #
2016/0403(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point a
Article 4 – paragraph 1 – subparagraph 3 – point a
(a) identification of the provider, including, where applicable, the nationality of the service provider, the country of establishment, registration numbers in central, commercial or company registers and for tax and social security purposes;
Amendment 132 #
2016/0403(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point e
Article 4 – paragraph 1 – subparagraph 3 – point e
(e) requirements to which the applicant is subject for the provision of the service in its home Member State, such as qualifications or certifications, compulsory registration with or membership of a professional organisation;
Amendment 133 #
2016/0403(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point e a (new)
Article 4 – paragraph 1 – subparagraph 3 – point e a (new)
Amendment 135 #
2016/0403(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point g
Article 4 – paragraph 1 – subparagraph 3 – point g
(g) information on any existing professional indemnity insurance of the provider in relation to professional liability in the territory of the home Member State, including information on the cover for activities carried out in the territory of other Member States, as appropriatend its period of validity;
Amendment 136 #
2016/0403(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point h a (new)
Article 4 – paragraph 1 – subparagraph 3 – point h a (new)
(ha) requirements relating to recognition of the professional qualifications necessary in order to provide the service, where applicable;
Amendment 139 #
2016/0403(COD)
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. The Commission ishall be empowered to adopt, after consultation with interested parties, including professional and business organisations, delegated acts in accordance with Article 15 in order to further specifyspecify in greater detail:
Amendment 145 #
2016/0403(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 3
Article 5 – paragraph 1 – subparagraph 3
The insurance certificate shall contain information about the existence of professional liability insurance for the services concerned, including the territorial scope of such cover in other Member States, the insured risks, the durationperiod of validity and/or its renewal, the insured sums per claim and for all claims in a year, and possible exclusions.
Amendment 171 #
2016/0403(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Professional organisations, including competent authorities as defined in points (i) and (ii) of Article 3(18), which offer group cover related to professional liability insurance to their members or to providers of services under specific conditions, shall ensure access to such cover, under the same conditions in a non-discriminatory manner, to providers of services from other Member States which express an interest in benefiting from such group cover. Access to insurance under specific conditions, including for service providers from other Member States, cannot be made available at the expense of the requirement to belong to a professional organisation, if required.
Amendment 87 #
2016/0402(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Requirements remain in place which make expansion of service providers' operations across the internal market burdensome and unappealing, such as multiple and disparate authorisation schemes before different authorities, which, regarding establishment, fail to achieve mutual recognition of conditions previously complied with in other Member States or, regarding temporary cross-border provision of services apply disproportionate or unjustified restrictions. Furthermore self-employed workers providing cross-border services who need to have a specific professional qualification come up against further barriers in respect of recognition of their professional qualification. As a consequence, service providers face multiple and disproportionate compliance costs when going cross-border.
Amendment 94 #
2016/0402(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to make it easier to take up and pursue service activities, this Directive builds upon Directive 2006/123/EC but does in no way amend its rules. The scope of this Directive is even more limited compared to the scope laid down in the Services Directive. It specifically targets business and construction service sectors, where many obstacles to cross-border activities still remainpersist in the companies concerned. In addition, cross- border trade and investment in construction and several business services are low and both sectors have seen weak productivity growth over the last decade.
Amendment 97 #
2016/0402(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) This Directive should apply only to undertakings that supply services. Provision of services on a temporary basis by self-employed workers should be made subject to recognition of their professional qualifications under Directive 2005/36/EC of the Parliament and of the Council.
Amendment 99 #
2016/0402(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The main purpose of the European services e-card is to introduce a uniform and simplified procedure for service providers wishing to expand provision of services across internal market borders. The e-card represents an electronic certificate stating that a service provider is legally established in a Member State (the home Member State). Host Member States whereto which a service provider is interested in expanding to should furthermore not apply, to holders of an e-card, their prior authorisation or notifications schemes put in place under national law, provided that they comply with the principles and standards laid down in Directive 2005/36/EC on professional qualifications, to control access to or exercise of service activities, which is already the object of control before issue of a European services e-card.
Amendment 103 #
2016/0402(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Certain requirements and related authorisations and notifications governed by Directive 2006/123/EC should not be the object of controls in the context of issuing a European services e-card given their complexity or the involvement of third actors which the uniform procedural workflow of the European services e-card cannot suitably accommodate. This concerns selection procedures for granting authorisations limited in number and controls of site-specific conditions, be it for the site of actual provision of services or for the site where the provider establishes its operations. Similarly a European services e-card is also not suited to accommodate selection procedures for the performance of public contracts, public design contests or concessions.
Amendment 106 #
2016/0402(COD)
Proposal for a directive
Recital 17
Recital 17
(17) A European services e-card provides several advantages. It offers a proof of legal establishment in the home Member State. As long as a European services e-card remains valid, it should constitute a valid means of proof throughout the EU of legal establishment in the home Member State for the services covered by that e-card. Such proof should even be accepted in a domestic context, across all levels and administrative divisions of public administration. A valid European services e-card includes information which is often required in different contexts, such as controls applicable during or after the performance of services, the award of a public contract, a public design contest or a concession, formation of subsidiaries or registration of branches under company law and registration of the service provider with mandatory social insurance schemes. Since that information is already available in a valid European services e-card, Member State authorities should not request this information from e- card holders for these other purposes.
Amendment 107 #
2016/0402(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) The European professional card may be extended to professions other than the five concerned at present. The card should be deemed the most appropriate means for self-employed workers subject to Directive 2015/36/EC who wish to provide their services in EU Member States.
Amendment 108 #
2016/0402(COD)
Proposal for a directive
Recital 18
Recital 18
(18) In addition, Member States should not be allowed to impose on holders of a European services e-card any service provision related authorisation or notification schemes prior to a service provision, other than what is provided for in the principles and standards laid down in Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications, and paying particular attention to the necessity of said qualifications being recognised in order to be able to provide a service. Member States should not repeat, wholly or partially, controls previously performed in the context of issuing the European services e-card once provision of services has started in the host Member State. Authorisation or notification schemes such as those deriving from taxation, social security and labour law shall remain applicable as such matters are excluded from the scope of this Directive. Ex-post checks, inspections and investigations initiated by competent authorities should however remain admissible to control service performance, as under current EU Law. If such controls reveal serious breaches of requirements applicable in a host Member State, this could lead to the suspension or revocation of the European services e-card.
Amendment 112 #
2016/0402(COD)
Proposal for a directive
Recital 26
Recital 26
(26) A coordinating authority of the host Member State should provide clarity as to which requirements apply to the incoming service provider, considering the latter is already established in another Member State. They should pay particular attention to requirements regarding specific professional qualifications of employees and partners and recognition of same in order to be able to provide the service concerned. The coordinating authority of the host Member State should ensure the provider not only knows which requirements govern performance of services in the host Member States, including those applicable once it obtains the European services e-card, but that it also meets all said requirements. For establishment, i.e., provision of services through branches, agencies or offices, the identification of applicable requirements by the coordinating authority of the host Member State fulfils a different purpose: it lists the requirements the compliance of which the incoming service provider is required to prove before the e-card can be issued.
Amendment 118 #
2016/0402(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Equivalence between requirements of a host Member State and those requirements of the home Member State the applicant has already complied should be an integral part of this assessment, focusing on the professional qualifications required of company employees and staff members. In order to facilitate the assessment of the equivalence of requirements in home and host Member States, where the authority of the host Member State declares its intention to refuse an e-card for establishment, the applicant should have a renewed possibility to prove that it meets the conditions laid down in the prior authorisation or prior notification on the basis of which the authorities of the host Member States base their intention to refuse the e-card, including through requirements to which the applicant is subject in the home Member State and which they deem to be equivalent.
Amendment 119 #
2016/0402(COD)
Proposal for a directive
Recital 34
Recital 34
(34) In order to lay down the procedure for requesting such information, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the procedural workflow and its impact on the applicable time-limits for decisions to be made in the context of issuing a European services e-card. It is of particular importance that the Commission carries y out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted, especially with professional and sectoral bodies, in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law- Makingof 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 120 #
2016/0402(COD)
Proposal for a directive
Recital 35
Recital 35
(35) The host Member State should no longerwill be able to control whether the applicant for a European services e-card is legally established in another Member State. Nor should it and put into question the veracity and validity of the data and documents included in an application, once validated by the coordinating authority of the home Member State. Conversely, tThe coordinating authority of the home Member State shouldwill in turn be able to not assess whether it issues a European services e-card for temporary cross-border provisions of services based on compliance by the provider of host Member State requirements, rather it should only and will assess of whether the applicant is legally established in its territory for the provision of the service in question at the time the decision to issue is made, taking into account a number of factors, including the professional qualifications of the company employees and staff members applying for the card. The home Member State will be obliged to confirm the information within two weeks.
Amendment 127 #
2016/0402(COD)
Proposal for a directive
Recital 42
Recital 42
(42) A European services e-card should be valid for an indefinite period in36 months and renewed automatically for the same period an indefinite number of times, without prejudice to, in relation to temporary cross- border services, the effects of case-by-case derogations in accordance with Directive 2006/123/EC.
Amendment 140 #
2016/0402(COD)
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. This Directive shall apply only to undertakings that supply services and shall exclude self-employed workers, who shall, for the provision of services on a temporary basis, be subject to recognition of their professional qualifications under Directive 2005/36/EC of the Parliament and of the Council.
Amendment 145 #
2016/0402(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
1a. 'European Professional Card': as defined in Article 13.II.(K) of Directive 2010/55/EU of the European Parliament and of the Council;
Amendment 149 #
2016/0402(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shall accept a valid European services e-card as proof that its holder is established in the territory of his home Member State and is fully and legally entitled, in that territory, to provide the service activities covered by the e-card.
Amendment 156 #
2016/0402(COD)
Proposal for a directive
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
(i) the award of a public contract, a public design contest or a concession;
Amendment 161 #
2016/0402(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
A European services e-card shall be valid for an indefinite duration36 months and shall be automatically renewable for an unlimited number of times, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17.
Amendment 165 #
2016/0402(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Providers of service activities subject to Directive 2005/36/EC, for which a European professional card for the temporary and occasional provision of services has been introduced, in accordance with Directive 2005/36/EC, shall not be eligible for a European services e-card for the provision of temporary cross-border services.
Amendment 172 #
2016/0402(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part
Article 11 – paragraph 1 – subparagraph 1 – introductory part
The coordinating authority of the home Member State shall within onetwo weeks of having received an application for a European services e-card:
Amendment 177 #
2016/0402(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The coordinating authority of the home Member State shall, upon completion of the tasks referred to in paragraph 1, communicate without delay and within a week at the latest the application to the coordinating authority of the host Member State, with information to the applicant.
Amendment 187 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 3
Article 12 – paragraph 1 – subparagraph 3
Amendment 211 #
2016/0402(COD)
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. This Article shall not apply to information regarding professional liability insurance provided by the service provider. The validity and duration of insurance must be communicated regularly to the coordinating authority.
Amendment 216 #
2016/0402(COD)
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Host Member States shall carry out regular random checks of e-cards issued by the coordinating authority to verify the validity of the information and documentation provided.
Amendment 228 #
2016/0402(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
The Commission, with Member States, social partners, chambers of commerce, professional bodies and other relevant stakeholders, will establish monitoring arrangements to monitor and assess the implementation and impacts of this Directive, in particular how it impacts freedom of establishment and freedom to provide services across Member States for the service activities covered, namely by reducing costs for providers, enhancing transparency about providers expanding cross-border and increasing competition, and how it impacts prices and quality of the services concerned, considering relevant indicators.
Amendment 249 #
2016/0402(COD)
Proposal for a directive
Annex I – Section M – Division 71
Annex I – Section M – Division 71
Amendment 250 #
2016/0402(COD)
Proposal for a directive
Annex I – Section M – Division 71 – Group 71.1
Annex I – Section M – Division 71 – Group 71.1
Amendment 251 #
2016/0402(COD)
Proposal for a directive
Annex I – Section M – Division 74 – Group 74.1
Annex I – Section M – Division 74 – Group 74.1
Amendment 252 #
2016/0402(COD)
Proposal for a directive
Annex I – Section M – Division 74 – Group 74.9
Annex I – Section M – Division 74 – Group 74.9
Amendment 38 #
2016/0398(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The notification obligation established by this Directive should apply to regulatory measures of Member States, such as laws, regulations, and administrative provisions of general nature or any other binding r. The notification obligation shouled of general nature, including rules adopted by professional organisations to regulate in a collective manner access to service activities or the exercise thereof. The notification obligation should on the other hand not apply to individual decisions issued by national authoritn the other hand not apply to individual decisions adopted by national authorities, to planning instruments, to planning/building legislation or other acts relating to the management of the security and development of territory adopted for that purpose by local bodies.
Amendment 39 #
2016/0398(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The notification obligation established by this Directive should apply to regulatory measures of Member States, such as laws, regulations, administrative provisions of general nature or any other binding rule of general nature, including rules adopted by professional organisations to regulate in a collective manner access to service activities or the exercise thereof. The notification obligation should on the other hand not apply to individual decisions issued by national authorities or professional organisations.
Amendment 45 #
2016/0398(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Directive 2006/123/EC is a horizontal legal instrument affecting a significant number of laws, regulations and administrative provisions at different levels within a Member State's governance structures. In order to facilitate the competent authorities' compliance with this Directive and to maximise the efficiency of the notification procedure and reduce the administrative burden of that procedure, the Commission should provide guidance regarding the practical aspects of the notification procedure, in particular for municipal and local authorities and professional organisations. In order to ensure that the notification obligations of such authorities are proportionate, draft measures implementing authorisation schemes or requirements which have already been notified to the Commission and adopted by the Member State concerned at national level should not be subject to notification.
Amendment 57 #
2016/0398(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The obligation for Member States to notify draft measures laying down authorisation schemes or requirements referred to in Article 4 of this Directive at least three months before their adoption is designed to ensure that measures to be adopted comply with Directive 2006/123/EC. In order for the notification procedure to be effective, a consultation on notified measures should take place sufficiently in advance of their adoption. This is appropriate to foster good cooperation and transparency between the Commission and Member States and to further develop exchanges between the Commission and national authorities on new or amended authorisation schemes and certain requirements covered by Directive 2006/123/EC, in accordance with Article 4(3) of the Treaty on European Union (TEU). With a view to ensuring the effectiveness of the procedure, breach of the obligation to notify or to refrain from adopting a notified measure, including during the period following the receipt of an alert,a notified measure should be considered to be a substantial procedural defect of a serious nature as regards its effects vis- à-vis individuals, and the consequences for the Member States, including professional organisations, should be appropriate and proportionate with regard to the nature and relevance of the draft measure.
Amendment 66 #
2016/0398(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In the spirit of transparency and cooperation, where significant substantive amendments are made to a draft measure that is subject to an ongoing notification procedure under this Directive, of such a kind as to make it into a new one, the Commission, and other Member States and stakeholders should be made aware of such amendments by the notifying Member State in due time. Modifications of merely clerical nature and those which do not translate into a new draft measure should not be communicated.
Amendment 67 #
2016/0398(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The information to be submitted by the notifying Member State should be sufficient to assess compliance with Directive 2006/123/EC and, in particular, the proportionality of a notified authorisation scheme or requirement. Therefore, in accordance with the case-law of the Court of Justice of the European Union (CJEU), such information should clarify the public interest objective pursued, set out and explain how the notified authorisation scheme or requirement is necessary and justified to meet this objective and explain how it is proportionate in doing so; thus, it should include explanations on why it is suitable, why it does not go beyond what is necessary and why no alternative and less restrictive means would be available. The reasons which may be invoked by the Member State concerned by way of justification should be accompanied by appropriate evidence and by an analysis of the proportionality of the notified measurappropriate for meeting that objective.
Amendment 76 #
2016/0398(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The Commission should provide guidelines on the procedure and methodology that the Member States, including professional organisations, should follow to perform the proportionality analysis for the draft measure.
Amendment 87 #
2016/0398(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Where following the consultation the Commission still has concerns about the compliance with Directive 2006/123/EC of the notified draft measure, it may alert the notifying Member State, providing appropriate reasons for the alert, and also giving it the opportunity to bring its draft measure into conformity with EU law. That alert should include an appropriate explanation of the legal concerns identified by the Commission and proof that the Commission has complied with the principles of subsidiarity and proportionality. Reception of such an alert entails that the notifying Member State shall not adopt the notified measure for three months.
Amendment 98 #
2016/0398(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Failure to comply with the obligation to notify draft measures at least three months prior to their adoption and/or to refrain from adopting the notified measure during this period and, as the case may be, during the 3 months following the reception of an alert, should be considered to be a substantial procedural defect of a seriousshould be considered to be a substantial procedural defect and the consequences for the Member States, including professional organisations, should be appropriate and proportionate with regard to the nature asnd regards its effects vis-à-vis individualslevance of the draft measure.
Amendment 101 #
2016/0398(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Failure to comply with the obligation to notify draft measures at least three months prior to their adoption and/or to refrain from adopting the notified measure during this period and, as the case may be, during the 3 months following the reception of an alert, shouldmay in the most significant cases be considered to be a substantial procedural defect of a serious nature as regards its effects vis-à- vis individuals.
Amendment 106 #
2016/0398(COD)
Proposal for a directive
Recital 16
Recital 16
(16) To ensure the efficiency, effectiveness and coherence of the notification procedure, the Commission should retainhave the power to adopt Decisreasoned opinions requiring the Member State in question to refrain from adoptingamend notified measures or, if measures already adopted, to repeal them, where they violate Directive 2006/123/ECaking into account the concerns reported, in accordance with the provisions of Directive 2006/123/EC and European Union law.
Amendment 116 #
2016/0398(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Interested third parties should be given access to notifications sent by Member StatesNotifications sent by Member States should be disclosed to interested third parties, including professional organisations, in order to make them aware of planned authorisation schemes or certain requirements related to services in markets in which they actually or potentially operate and to enable them to provide comments thereon.
Amendment 123 #
2016/0398(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules on the notification by Member States of draft laws, regulations or administrative provisions introducing new, or amending existing authorisation schemes and certain requirements falling under the scope of Directive 2006/123/EC. The following shall not fall within the scope of this Directive: provisions relating to town planning, land development and use instruments, urban and rural planning, building regulations and management of national security.
Amendment 127 #
2016/0398(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall notify to the Commission any draft measure that introduces new requirements or authorisation schemes referred to in Article 4, or modifiesakes significant changes to such existing requirements or authorisation schemes, in such a way as to give rise to new restrictions.
Amendment 132 #
2016/0398(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where a Member State significantly modifies a notified draft measure with the effect of significantly extending its scope or content, or shortening the timetable originally envisaged for implementation, or adding requirements or authorisation schemes, or making those requirements or authorisation schemes more restrictive for the establishment, or the cross-border provision of services, it shall notify the modified draft measure previously notified under paragraph 1 again, including an explanation of the objective and content of the modifications. In such a case, the previous notification shall be deemed to be withdrawnmaking it into a new one, it shall notify the modifications made, including an explanation of the objective and content of such modifications.
Amendment 141 #
2016/0398(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Draft measures referred to in paragraphs 1 and 2 shall be notified to the Commission at least three months prior to their adoption.
Amendment 150 #
2016/0398(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The breach of one of the obligations set out in Article 3(1), (2) and (3) or in Article 6(2)paragraphs 1, 2, 3 and 3a shall constitute a substantial procedural defect of a serious nature as regards its effects vis-à-vis individualsand the consequences for the Member States, including professional organisations, should be appropriate and proportionate to the nature and relevance of the draft measure.
Amendment 154 #
2016/0398(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The breach of one of the obligations set out in Article 3(1), (2) and (3) or in Article 6(2) shallmay, in the most serious cases, constitute a substantial procedural defect of a serious nature as regards its effects vis-à-vis individuals.
Amendment 156 #
2016/0398(COD)
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 1
Article 3 – paragraph 5 – subparagraph 1
Member States shall, as part of any notification, provide information demonstratingon the overriding reason relating to the public interest which evidences the compliance of the notified authorisation scheme or requirement with Directive 2006/123/EC.
Amendment 169 #
2016/0398(COD)
Proposal for a directive
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5a. The Commission shall provide guidelines on the procedure and methodology that the Member States, including professional organisations, must follow to perform the proportionality analysis.
Amendment 175 #
2016/0398(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
Member States shall notify the following authorisation schemes and requirements, subject to the requirements expressly excluded by recital 9 of Directive 2006/123/EC:
Amendment 176 #
2016/0398(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
Amendment 200 #
2016/0398(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Before the closure of the consultation period referred to in Article 5(2), the Commission may alert the notifying Member State, while complying with the principles of subsidiarity and proportionality, of its concerns about the compatibility with Directive 2006/123/EC of the draft measure notified and of its intention to adopt a Decision referred to in Article 7, together with the reasons for those concerns.
Amendment 220 #
2016/0398(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Where the Commission has issued an alert in accordance with Article 6(1), it may, within a period of three months after the date of the closure of the consultation period referred to in Article 5(2), adopt a Decision finding the draft measure to be incompatible with Directive 2006/123/EC and requiring the Member State concerned to refrain from adopting the draft measure or, if such measure has been adopted in breach of Article 3(3) or Article 6(2), to repeal itreasoned opinion asking the Member State concerned to amend the measures notified or already adopted, taking into account the comments made therein, in order to bring them into line with the provisions of Directive 2006/123/EC.
Amendment 232 #
2016/0398(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
The Commission shall publish on a dedicated public website the notifications made by Member States under Articles 3(1) and (2) and the related adopted measures. The Commission’s alert notifications to the Member States referred to in Article 6(1) and (2) shall also be published on the same dedicated website.
Amendment 220 #
2016/0379(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) the proposals for methodologies and calculations related to the European resource adequacy assessment pursuant to Article 19(2), (3) and (5) of [recast Electricity Regulation as proposed by COM(2016) 861/2].
Amendment 253 #
2016/0379(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Administrative Board shall be composed of nineeleven members. Each member shall have an alternate. Two members and their alternates shall be appointed by the Commission, two members and their alternates shall be appointed by the European Parliament, two members and their alternates shall be appointed by the Board of Regulators and five members and their alternates shall be appointed by the Council. No Member of the European Parliament shall be a member of the Administrative Board.
Amendment 259 #
2016/0379(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The meetings of the Administrative Board shall be convened by its Chairman. The Chairman of the Board of Regulators or the nominee of the Board of Regulators, and the Director shall participate, without the right to vote, in the deliberations unless the Administrative Board decides otherwise as regards the Director. The Administrative Board shall meet at least twice a year in ordinary session. It shall also meet at the initiative of its Chairman, at the request of the Commission or at the request of at least a third of its members. The Administrative Board may invite any person who may have a relevant opinion to attend its meetings in the capacity of an observer. The members of the Administrative Board may, subject to its rules of procedure, be assisted by advisers or experts. The Administrative Board’s secretarial services shall be provided by the Agency.
Amendment 272 #
2016/0379(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Decisions of the Administrative Board shall be adopted on the basis of a simpletwo-thirds majority of the members present, unless provided otherwise in this Regulation. Each member of the Administrative Board or alternate shall have one vote.
Amendment 298 #
2016/0379(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
Each year, the Administrative Board shall adopt a programming document containing multi-annual and annual programming, based on a draft put forward by the Director and approved by the Board of Regulators, taking into account the opinion of the Commission and in relation to multiannual programming after consulting the European Parliament. It shall forward it to the European Parliament, the Council and the Commission no later than 31 January each year.
Amendment 317 #
2016/0379(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Board of Regulators and sub- committees pursuant to Article 7 shall act by a simpletwo-thirds majority of the members present, with one vote for each member, except for the opinion pursuant to paragraph 5(b) which shall be taken on the basis of a two-thirds majority of its members present.
Amendment 328 #
2016/0379(COD)
Proposal for a regulation
Article 23 – paragraph 5 – point a
Article 23 – paragraph 5 – point a
(a) provide opinions to the Director on the all documents containing opinions, recommendations and decisions referred to in Articles 43 to 14, 16 and 30, which are considered for adoption. In addition, tThe Board of Regulators, within its field of competence, shall provide guidance to the Director may have the right of initiative on the basis of a two-thirds majority of the members present in drafting the execution of his tasks, with the exception of decisions pursuant to Article 16(6) of Regulation 1227/200138. __________________ 38 Regulation (EU) 1227/2011 of the European Parliament and of the Council of 25 October on wholesale energy market integrity and transparency, OJ L 326, 8.12.2011, p. 1mentioned opinions, recommendations and decisions. In addition, the Board of Regulators, within its field of competence, shall provide guidance to the Director and the Agency working groups in the execution of his their tasks.
Amendment 361 #
2016/0379(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point c
Article 25 – paragraph 1 – point c
(c) draft , adopt and publish opinions, recommendations and decisions. Opinions, recommendations and decisions referred to in Articles 3 to 11 and 14 , 16 and 30 shall only be adopted if they have received a favourable opinion of the Board of Regulators;
Amendment 376 #
2016/0379(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Where justified and in particular to support the regulatory work of the Director and of the Board of Regulators on regulatory issues, the Administrative Board mayDirector shall, following a favourable opinion of the Board of Regulators, establish working groups.
Amendment 384 #
2016/0379(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The working groups shall be composed of experts from the staff of the Agency, and from national regulatory authorities and. Experts from the Commission shall, participate as observers, as necessary. The Agency shall not be responsible for the costs of the participation of experts from the staff of national regulatory authorities in the Agency working groups.
Amendment 386 #
2016/0379(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The Administrative BoardDirector, following a favourable opinion of the Board of Regulators, shall adopt and publish internal rules of procedure for the functioning of the working groups. The Director, following a favourable opinion of the Board of Regulators, shall appoint working group chairs.
Amendment 393 #
2016/0379(COD)
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3a. The Agency Working Groups, under the guidance of the Board of Regulators, shall carry out the activities assigned to them in the programming document adopted pursuant to Article 20(1) (e) and any activities assigned to them by the Board of Regulators and the Director.
Amendment 75 #
2016/0378(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Through the cooperation of national regulators within the Agency it is evident that majority decisions are a key pre- requisite to achieve progress on matters concerning the internal energy market which have significant economic effects in various Member States. National regulators should therefore vote with simpletwo-thirds majority within the Board of Regulators. The Agency should be accountable to the European Parliament, the Council and the Commission, where appropriate.
Amendment 119 #
2016/0378(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) provide a reasoned opinion to the ENTSO for Electricity or ENTSO for Gas on the network code in accordance with Article 6(7) of [Regulation (EC) No 714/2009] or Article 6(7) of Regulation (EC) No 715/2009;
Amendment 122 #
2016/0378(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) submit the revised network code to the Commission, as revised by ENTSOs, and may recommend that it be adopted in accordance with Article 55(10) of [recast Electricity Regulation as proposed by COM(2016) 861/2] or pursuant to Article 6(9) of Regulation (EC) No 715/2009. The Agency shall prepare and submit a draft network code to the Commission where it is requested to do so under Article 55(11) of [recast Electricity Regulation as proposed by COM(2016) 861/2] or Article 6(10) of Regulation (EC) No 715/2009 ;
Amendment 129 #
2016/0378(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. In cases where the network codes and guidelines developed pursuant to Chapter VII of [recast Electricity Regulation as proposed by COM(2016) 861/2] provide for the development of proposals for joint regional terms and conditions or methodologies for the implementation of those network codes and guidelines which require regulatory approval by all regulatory authorities or by all regulators of the concerned region, the terms and condiprocedure for the coordinations or methodologies shall be submitted for revision and approval to the Agency. Before approvingf regional tasks set out in Article 7 of this regulation shall apply. The Agency shall decide on those terms and conditions or methodologies, the Agency shall revise and change them where necessary in order to ensure that they are in linein the following circumstances: (a) where the regional subset of the Board of Regulators as referred to in Article 7 has not been able to reach agreement within the purpose of theeriod specified in the relevant network code ors and guideline and contribute to market integration, non-discrimination and the efficient functioning of the market. The procedure for the coordins; or (b) upon the joint request from the regional subset of the Board of Regulators as referred to in Article 7; or (c) where the Board of regulators has not been able to provide a favourable opinion on the recommendation of its regional taskssubset developed in accordance with Article 7 shall apply. . Where a decision has been referred to the Agency under paragraph 3a, the Agency shall: (a) consult the national regulatory authorities and the transmission system operators concerned; and (b) issue a decision within a period of six months from the day of referral.
Amendment 169 #
2016/0378(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. For decisions pursuant to Article 5(2) last sentence of the present RegulationThe Agency shall establish a regional subgroup consisting of the concerned members of the Board of Regulators: (a) to revise the proposal and, as an exception to article 25, make a recommendation to the Board of Regulators on the approval, including possible amendments, onf joint regional terms and conditions or methodologies to be developed under network codes and guidelines pursuant to Chapter VII of the [recast Electricity Regulation as proposed by COM(2016) 861/2] which regularly concern a limited number of Member States and require a joint regulatory decision at regional level, the Agency may be assisted by a subset of the Board of Regulators, consisting only(b) to approve relevant documents and exercise the tasks set out in Article 62 of the [regulatory authorities of the concerned region, following the procedure in paragraphs 2 to 4 of this Articlecast Electricity Directive as proposed by COM(2016) 864/2].
Amendment 177 #
2016/0378(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 182 #
2016/0378(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 189 #
2016/0378(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 121 #
2016/0376(COD)
Proposal for a directive
Recital 4
Recital 4
(4) There are no binding targets at national level in the 2030 perspective. The need for the Union to achieve its energy efficiency targets at EU level, expressed in primary and final energy consumption, in 2020 and 2030 should be clearly set out in the form of a bindingcative 30 % target. This clarification at Union level should not restrict Member States as their freedom is kept to set their national contributions based on either primary or finalprimary energy consumption, primary or final energy savings, or energy intensity. Member States should set their national indicative energy efficiency contributions taking into account that the Union’s 2030 energy consumption has to be no more than 1 321 Mtoe of primary energy and no more than 987 Mtoe of final energy. This means that primary energy consumption should be reduced by 23 % and final energy consumption should be reduced by 17 % in the Union compared to 2005 levels. A regular evaluation of progress towards the achievement of the Union 2030 target is necessary and is provided for in the legislative proposal on Energy Union Governance.
Amendment 288 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/27/EU
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Each Member State shall set an indicative national energy efficiency target for 2020, based on either primary or final energy consumption, primary or final energy savings, or energy intensity. Member States shall notify those targets to the Commission in accordance with Article 24(1) and Annex XIV Part 1. When doing so, they shall also express those targets in terms of an absolute level of primary energy consumption and final energy consumption in 2020 and shall explain how, and on the basis of which data, this has been calculated.
Amendment 294 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/27/EU
Article 2 – paragraph 1 – subparagraph 2 – point a
Article 2 – paragraph 1 – subparagraph 2 – point a
(a) that the Union’s 2020 energy consumption has to be no more than 1 483 Mtoe of primary energy and no more than 1 086 Mtoe of final energy;
Amendment 314 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/27/EU
Article 3 – paragraph 2
Article 3 – paragraph 2
2. By 30 June 2014, the Commission shall assess progress achieved and whether the Union is likely to achieve energy consumption of no more than 1 483 Mtoe of primary energy and no more than 1 086 Mtoe of final energy in 2020.
Amendment 337 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/27/EU
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Each Member State shall set indicative national energy efficiency contributions towards the Union's 2030 target referred to in Article 1 paragraph 1 in accordance with Articles [4] and [6] of Regulation (EU) XX/20XX [Governance of the Energy Union]. When setting those contributions, Member States shall take into account that the Union’s 2030 energy consumption has to be no more than 1 321 Mtoe of primary energy and no more than 987 Mtoe of final energy. Member States shall notify those contributions to the Commission as part of their integrated national energy and climate plans in accordance with the procedure pursuant to Articles [3] and [7] to [11] of Regulation (EU) XX/20XX [Governance of the Energy Union].;
Amendment 361 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
(b) new savings each year from 1 January 2021 to 31 December 2025 of 1.5 % of annual energy sales to final customers by volume, averaged over the most recent three-year period prior to 1 January 2019; from 1 January 2026 to 31 December 2030 of 1.50 % of annual energy sales to final customers by volume, averaged over the most recent three-year period prior to 1 January 2019. By 30 June 2024, the Commission shall assess progress achieved towards the headline targets set out in Article 3(4). If the assessment shows that the progress is not sufficient to achieve the 2030 target, the Commission may increase the annual saving ratio for the period from 1 January 2026 to 31 December 2030 up to 1.5%. If appropriate, the Commission shall submit a legislative proposal to this end.
Amendment 401 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Amendment 490 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2012/27/EU
Article 7a – paragraph 2
Article 7a – paragraph 2
2. Member States shall designate, on the basis of objective and non- discriminatory criteria, obligated parties among energy distributors and/or retail energy sales companies operating in its territory and may includewith the exception of transport fuel distributors or transport fuel retailers operating in its territory. The amount of energy savings needed to fulfil the obligation shall be achieved by the obligated parties among final customers, designated by the Member State, independently of the calculation made pursuant to Article 7(1), or, if Member States so decide, through certified savings stemming from other parties as described in point (b) of paragraph 5.
Amendment 642 #
2016/0376(COD)
Proposal for a directive
Annex – point 1 – point a
Annex – point 1 – point a
Directive 2012/27/EU
Annex IV – footnote 3
Annex IV – footnote 3
(a) in Annex IV, footnote 3 is replaced by the following: ‘(3) Applicable when energy savings are calculated in primary energy terms using a bottom-up approach based on final energy consumption. For savings in kWh electricity Member States may apply a default coefficient of 2,03 (2.26). This factor shall be revised every 5 years based upon actual observed data. Member States may apply a different coefficient provided they can justify it.’.
Amendment 472 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store and providmake available to the public access to large amounts of works or othcopyright protected works or other subject-matter, uploaded by their users, going beyond the mere technical, automatic and passive provision of physical facilities, shall be obliged to conclude licensing agreements with rightholders. Those service providers subject-matter uploaded by their usershall not benefit from the liability exemption provided for in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council. Where information society service providers are eligible for the liability exemption provided for in Article 14 of Directive 2000/31/EC, they shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject- matter orand to prevent the availability on their services of works or other protected subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. TAll the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter.
Amendment 839 #
2016/0224(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
The determining authority shall provide a minor withe opportunity of a personal interview, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is manifestly not in the best interests of the child. In that case, the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview.
Amendment 841 #
2016/0224(COD)
Any such personal interview shall be conducted by a person whoin language they understand, in a child-sensitive and context- appropriate manner. The person conducting the personal interview shall hasve the necessary knowledge of the rights and special needs of minors and it shall be conducted in a child-sensitive and context-appropriate manner.not wear military or law enforcement uniform
Amendment 852 #
2016/0224(COD)
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1
Article 22 – paragraph 1 – subparagraph 1
The responsible authorities shall, as soon as possible and not later than five working days from the moment when an unaccompanied minor makarrives ain applicationthe Member State, appoint a person or an organisation as a guardian.
Amendment 861 #
2016/0224(COD)
Proposal for a regulation
Article 22 – paragraph 4 – subparagraph 1
Article 22 – paragraph 4 – subparagraph 1
The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, shall have the necessary expertise, and shall not have a verified record of child-related crimes or offencesqualifications and expertise and receive regular and appropriate training, and shall not have a verified criminal record, with particular regard to any of child-related crimes or offences. After his or her appointment, the guardian's criminal record shall be regularly reviewed by the competent authorities to identify potential incompatibilities with his or her role.
Amendment 869 #
2016/0224(COD)
Proposal for a regulation
Article 22 – paragraph 5 – subparagraph 1
Article 22 – paragraph 5 – subparagraph 1
The responsible authorities shall not place a guardian in charge of a disproportionan adequate and limited number of unaccompanied minors at the same time, which would render him or her to ensure he or she is unable to perform his or her tasks effectively."
Amendment 871 #
2016/0224(COD)
Proposal for a regulation
Article 22 – paragraph 5 – subparagraph 2
Article 22 – paragraph 5 – subparagraph 2
Member States shall appoint entities or persons responsible for the performance of guardians' tasks and for supervising and monitoring at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall review complaints lodged by unaccompanied minors against their guardian. Unaccompanied minors shall be informed, in a child-friendly manner and in a language that they understand, about who these entities or persons are and which are the grievance mechanisms in place to report complaints against their guardians in confidence and safety.
Amendment 886 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Medical examinations may be used, as a measure of last resort, to determine the age of unaccompanied minors within the framework of the examination of an application where, following statements by the applicant or other relevant indications including a psychosocial assessment, there are grounds for serious doubts as to whether or not the applicant is under the age of 18 and other approaches, such as attempts to gather documentary evidence, and other age assessment procedures that Member States may have decided to undertake have failed to determine the age of the applicant. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.
Amendment 901 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. Any medical examination shall be performed with full respect for the individual’'s dignity, shall be the least invasive examination and shall be carried out by independent, trained and qualified medical professionals who are familiar with the applicant's ethnic and cultural background and in cooperation with a multi-disciplinary team with expertise in child rights, psychology and development, thereby allowing for the most reliable result possible.
Amendment 908 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand or are reasonably meant to understandand a child-friendly and age appropriate manner, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination.
Amendment 1054 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 8
Article 31 – paragraph 8
8. Where the adult responsible for the accompanied minor does not make an application for himself or herself, the accompanied minor shall be clearly informed of the possibility and procedure for lodging an application in his or her own name at the time of the making of his or her application. and given an effective opportunity to do so within the ten working days provided for in Article 28(1) if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned. Where the minor does not have the legal capacity to act in procedures according to the national law of the Member State concerned, the determining authority shall act on behalf of the minor, with due regard to his or her views
Amendment 1058 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 9
Article 31 – paragraph 9
9. Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten working days provided for in Article 28(1), the minor shall be informed of the possibility and the procedure to lodge his or her application in his or her own name and given an effective opportunity to do so within a further ten working-day period starting from the expiry of the first ten working- day periomoment the minor is informed if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned. Where the minor does not lodge his or her application in his or her own name within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure referred to in Article 39. Where the minor does not have the legal capacity to act in procedures according to the national law of the Member State concerned, the determining authority shall act on behalf of the minor, with due regard to his or her views.
Amendment 1076 #
2016/0224(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. In the case of an unaccompanied minor, the ten working-day period for the lodging the application provided for in Article 28(1) shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her. Where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those ten working days, the determining authority shall lodge an application on behalf of the unaccompanied minor if, on the basis of an individual assessment of his or her personal situation, it is of the opinion that the minor may need international protection.
Amendment 1084 #
2016/0224(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point b
Article 33 – paragraph 2 – point b
(b) all relevant, accurate and up-to-date information relating to the situation prevailing in the country of origin of the applicant at the time of taking a decision on the application, including laws and regulations of the country of origin and the manner in which they are applied, as well as any other relevant information obtained from the European Union Agency for Asylum, from the United Nations High Commissioner for Refugees and relevant international human rights and child- focused organisations, or from other sources;
Amendment 1221 #
2016/0224(COD)
Proposal for a regulation
Article 39 – paragraph 5 a (new)
Article 39 – paragraph 5 a (new)
5a. The implicit withdrawal procedure shall not apply to minors.
Amendment 1267 #
2016/0224(COD)
Proposal for a regulation
Article 40 – paragraph 5
Article 40 – paragraph 5
Amendment 1275 #
2016/0224(COD)
Proposal for a regulation
Article 40 – paragraph 5 a (new)
Article 40 – paragraph 5 a (new)
5 a. The accelerated examination procedure shall not apply to minors
Amendment 1293 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 4 a (new)
Article 41 – paragraph 4 a (new)
4 a. The border procedure shall not apply to minors.
Amendment 1295 #
2016/0224(COD)
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5
Amendment 1384 #
2016/0224(COD)
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. As regards unaccompanied minors, the concept of first country of asylum may only be applieshall not apply, unless it is in his or her best interests and where the authorities of Member States have first received from the authorities of the third country in question the assurance that the unaccompanied minor will be taken in charge by those authorities and that he or she shall immediately benefit from one of the forms of protection referred to in paragraph 1.
Amendment 1432 #
2016/0224(COD)
Proposal for a regulation
Article 45 – paragraph 5
Article 45 – paragraph 5
5. As regards unaccompanied minors, the concept of safe third country may only be applied taking into consideration his or her best interests and where the authorities of the Member States have first received from the authorities of the third country in question confirmationassurance that the unaccompanied minor shall be taken in charge by those authoritieswill not face serious harm, discrimination or persecution and that he or she shall immediately have access to one of the forms of protection referred to in paragraph 1(e).
Amendment 1446 #
2016/0224(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. The assessment of whether a third country may be designated as a safe country of origin in accordance with this Regulation shall be based on a range of sources of information, including in particular information from Member States, the European Union Agency for Asylum, the European External Action Service, the United Nations High Commissioner for Refugees, the Council of Europe as well as other relevant organisations, including child-focused organisations, and shall take into account the common analysis of the country of origin information referred to in Article 10 of Regulation (EU) No XXX/XXX (EU Asylum Agency).
Amendment 161 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2010/13/EU
Article 4 – paragraph1
Article 4 – paragraph1
Amendment 178 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/13/EU
Article 6
Article 6
Member States shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain (a) any incitement to undermine human dignity or any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation; (b) any incitement to commit or to seek to justify terrorist acts;
Amendment 232 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Member States shall ensure that providers of on-demand audiovisual media services foreground European works in their catalogues. That foregrounding could take the form of a section accessible straight from the home page which is devoted to European works or of a minimum number or percentage of European works available on the home page, or of the promotion of such works by means of recommendation and promotion tools or services available as part of the on-demand audiovisual media services. Member States may require providers of on-demand audiovisual media services which target audiences on their territory but which are established in another Member State to implement the measures to foreground European audiovisual works laid down in the targeted Member State.
Amendment 252 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The daily proportion of television advertising spots and teleshopping spots within the period between 7:00 and 23:00per day shall not exceed 20 %.
Amendment 285 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2
Article 28 a – paragraph 2 – subparagraph 2
Amendment 299 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – point f a (new)
Article 28 a – paragraph 2 – point f a (new)
(fa) the streamlined processing of referrals from public authorities or approved associations,
Amendment 300 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – point f b (new)
Article 28 a – paragraph 2 – point f b (new)
(fb) earmarking sufficient human resources to ensure that such referrals can be processed effectively,
Amendment 301 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – point f c (new)
Article 28 a – paragraph 2 – point f c (new)
(fc) the removal of the content referred to in paragraph 1 through the use of reliable automatic recognition systems,
Amendment 302 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – point f d (new)
Article 28 a – paragraph 2 – point f d (new)
(fd) the closure of accounts which have been the subject of repeated referrals,
Amendment 303 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – point f e (new)
Article 28 a – paragraph 2 – point f e (new)
(fe) the possibility of asking the regulator to settle any dispute between the video-sharing platform and the author of the referral.
Amendment 305 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 3 a (new)
Article 28 a – paragraph 3 a (new)
3a. Member States may impose penalties on video-sharing platforms which do not meet these requirements.
Amendment 310 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 5
Article 28 a – paragraph 5
5. Member States shall not impose on video-sharing platform providers measures that are stricter than the measures referred to in paragraph 1 and 2. Member States shall not be precluded from imposing stricter measures with respect to illegal content. When adopting such measures, they shall respect the conditions set by applicable Union law, such as, where appropriate, those set in Articles 14 and 15 of Directive 2000/31/EC or Article 25 of Directive 2011/93/EU.
Amendment 325 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 b – paragraph 1 – subparagraph 1
Article 28 b – paragraph 1 – subparagraph 1
Member States shall ensure that video- sharing platform providers (a) which are not established on their territory, but which have either a parent company or a subsidiary that is established on their territory or which are part of a group and another entity of that group is established on their territory, (b) which are established in another Member State but target audiences on their territory, are deemed to have been established on their territory for the purposes of Article 3(1) of Directive 2000/31/EEC.
Amendment 326 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Amendment 328 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 b – paragraph 2
Article 28 b – paragraph 2
2. Member States shall communicate to the Commission a list of the video- sharing platform providers established or deemed to be established on their territory and the criteria, set out in Article 3(1) of Directive 2000/31/EC and in paragraph 1, on which their jurisdiction is based. They shall update the list regularly. The Commission shall ensure that the competent independent regulatory authorities have access to this information.
Amendment 203 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. A parcel delivery service provider which employs fewer than 50 personsWhere fewer than 50 persons work for a parcel delivery service provider, irrespective of their contractual basis, and are involved in the provision of parcel delivery services in the Member State in which that provider is established, that provider shall not be subject to the obligations under paragraph 1 and 2, unless that provider is established in more than one Member State.
Amendment 220 #
2016/0149(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Universal service providers providing parcel delivery services and having their headquarters in Member States where there is insufficient competition shall provide the national regulatory authority with the terminal rates applicable on 1 January of each calendar year to postal items originating from other Member States. That information shall be provided by 31 January of each calendar year at the latest.
Amendment 237 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The national regulatory authority shall assess the affordability of cross- border tariffs included in the public lists of tariffs obtained in accordance with Article 4(1), if there is insufficient competition in the Member State concerned, within 3 months of receipt of that information. In that assessment, in particular the following elements shall be taken into account:
Amendment 268 #
2016/0149(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 207 #
2016/0148(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) When conducting investigations, competent authorities must safeguard professional and business confidentiality, in line with Directive (EU) 2016/943 on the protection of know-how against any threats posed by national provisions,
Amendment 215 #
2016/0148(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to ensure that traders are sufficiently deterred from committing or repeating infringements and that they will not profit from those infringements, the rules on penalties which have been adopted by Member States in accordance with the requirements of Union laws that protect consumers’ interests should also be applied to intra-Union infringements and widespread infringements. For those same reasons, consumers should be entitled to redress for harm caused by such infringements.
Amendment 221 #
2016/0148(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 229 #
2016/0148(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The effectiveness and efficacy of the mutual assistance mechanism should be improved. Information requested should be provided in a timely manner and the necessary enforcement measures should be adopted in a timely manner. The Commission should therefore set binding time periods for competent authorities to reply to information and enforcement requests, and clarify procedural and other aspects of handling information and enforcement requests, including operators’ right to be heard, by means of implementing measures,
Amendment 242 #
2016/0148(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 272 #
2016/0148(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The limitation period for the imposition of penalties shall begin to run on the day on which the infringement ceaswas committed.
Amendment 333 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point n
Article 8 – paragraph 2 – point n
Amendment 392 #
2016/0148(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The Commission shall adopt implementing acts setting out the time limits, standard forms and details of the procedures for requests for enforcement measures, including operators’ right to be heard. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).
Amendment 508 #
2016/0148(COD)
Proposal for a regulation
Article 41 – paragraph 3 – introductory part
Article 41 – paragraph 3 – introductory part
3. Notwithstanding paragraph 2, the competent authorities may use and discloscommunicate the information necessary:
Amendment 214 #
2016/0014(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) As consumer protection is a priority of the Union, manufacturers of vehicles circulating in the Union must be required to submit those vehicles for testing before being placed on the market and during their lifetime. Member States and the Commission must be guarantors of this double surveillance, one able to act where the other fails to do so.
Amendment 215 #
2016/0014(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) The EU must do all it can to prevent cheating by car manufacturers designed to manipulate pollution emission and fuel consumption tests in order to produce false results or circumvent any other rules. Such manipulation must stop once and for all.
Amendment 216 #
2016/0014(COD)
Proposal for a regulation
Recital 5 c (new)
Recital 5 c (new)
(5c) This Regulation seeks to address the slow pace of vehicle recall operations in Europe. The existing procedure does not guarantee effective protection of European citizens, unlike the US procedure, which allowed action to be taken quickly. From this perspective, it is essential to allow the Commission to require economic operators to take all necessary restrictive measures, including the recall of vehicles, in order that non- conforming vehicles, systems, components or other separate technical units are brought into line with this Regulation.
Amendment 217 #
2016/0014(COD)
Proposal for a regulation
Recital 5 d (new)
Recital 5 d (new)
(5d) If an irregularity is detected in vehicles in circulation which is contrary to the initial authorisation rules and/or puts consumer safety at risk or exceeds pollution limits it is in the interests of European consumers to be able to count on rapid, appropriate and coordinated corrective measures, including a vehicle recall, where necessary, applicable throughout the Union. Member States must provide the Commission with all the information in their possession so that it can take appropriate, rapid action to defend the integrity of the single market.
Amendment 271 #
2016/0014(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to increase transparency in the approval process and facilitate the exchange of information and the independent verification by market surveillance authorities, approval authorities and, the Commission, type approval document and third parties, disclosure of vehicle and testing information is necessary to carry out such checks. Relevant information should be provided in electronic format and be made publicly available, subject to exemptions due to protection of commercial interests and the protection of personal data. The information to be disclosed for these purposes is not be of the nature as to undermine confidentiality of proprietary information and intellectual property.
Amendment 283 #
2016/0014(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) The Commission must be able to verify conformity with type-approvals and with the legislation applicable to vehicles, systems, components and separate technical units and ensure the regularity of type-approvals by organising, carrying out or requiring to be carried out tests and inspections of vehicles, systems, components and separate technical units which have already been placed on the market.
Amendment 302 #
2016/0014(COD)
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) Type-approvals for category M1 and N1 vehicles are issued for a limited period of five years, and for category N2, N3, M2, M3 and O vehicles for a limited period of eight years.
Amendment 418 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Market surveillance authorities shall perform regular checks to verify compliance of vehicles, systems, components and separate technical units with the requirements set out in this Regulation as well as with the correctness of the type approvals. Those checks shall be performed on an adequate scale, by means of documentary checks and real- drive and laboratory tests on the basis of statistically relevant samples. When doing so, market surveillance authorities shall take account of established principles of risk assessment, complaints and other information. For the sample checks, market surveillance authorities shall use 0.5 samples per 1,000 new vehicles, per components or per separate technical units each sold per year as an indicative target for each Member State.
Amendment 422 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. The Commission shall adopt implementing acts to lay down the criteria for setting out the scale, scope and frequency with which the compliance verification checks of samples taken referred to in paragraph 1 have to be performed. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 458 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 10
Article 8 – paragraph 10
Amendment 477 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
The Commission shall organise and carry out, or require to be carriedcarry out, on an adequate scale, tests and inspections of vehicles, systems, components and separate technical units already made available on the market, with a view to verifying that those vehicles, systems, components and separate technical units conform to the type approvals and to applicable legislation as well as to ensure the correctness of the type approvals.
Amendment 481 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
Those tests and inspections may take place on new vehicles supplied by manufacturers or the economic operator as provided in paragraph 2 below, or on registered vehicles in agreement with the vehicle registration holder.
Amendment 489 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Manufacturers holding type- approvals or the economic operators shall, upon request, supply to the Commission a statistically relevant number of production vehicles, systems, components and separate technical units selected by the Commission that are representative for the vehicles, systems, components and separate technical units available for placing on the market under that type- approval. Those vehicles, systems, components and separate technical units shall be supplied for testing at the time and place and for the period the Commission may require, depending on the situation.
Amendment 493 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
For the purpose of enabling the Commission to carry out the testing referred to in paragraphs 1 and 2, Member States shall make immediately available to the Commission all data related to the type- approval of the vehicle, systems, components and separate technical units subject to compliance verification testing. Those data shall include at least the information included in the type-approval certificate and its attachments referred to Article 26(1).
Amendment 496 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
For vehicles approved in accordance with the step-by-step or multistage type- approval procedure, Member States shallmust also provide the Commission with the type-approval certificate and its attachments referred to in Article 26(1) for the underlying type-approvals of systems, components and separate technical units.
Amendment 502 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Vehicle manufacturers shall make public data which are needed for the purpose of compliance verification testing by third parties. These data must include the necessary information to replicate the conditions of the test carried out upon type-approval of the vehicle. The Commission shall adopt implementing acts in order to define the data to be made public and the conditions for such publication, subject to the protection of commercial secrets and the preservation of personal data pursuant to Union and national legislation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 507 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1
Article 9 – paragraph 5 – subparagraph 1
Where the Commission establishes that the vehicles tested or inspected do not comply with the type-approval requirements laid down in this Regulation or any of the regulatory acts listed in Annex IV or that the type approval has been granted on the basis of incorrect data, it shall requireinform the type-approval authority that granted the type-approval and call on it to require the economic operator concerned to take corrective measures. Should the non-conformity established have an impact on the safety or the environmental performance of the vehicle, the Commission may in accordance with Article 54(8) require without delay the economic operator concerned to take all appropriate corrective measures to bring the vehicles in compliance with those requirements, or it shall take restrictive measures, either by requiring the economic operator to withdraw the vehicles concerned from the market, or to recall them within a reasonable period of time, depending on the seriousness of the established non- compliance.
Amendment 511 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 2
Article 9 – paragraph 5 – subparagraph 2
Amendment 515 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 2
Article 9 – paragraph 5 – subparagraph 2
Where those tests and inspections put into question the correctness of the type approval itself, the Commission shall immediately inform the approval authority or authorities concerned as well as the Forum for Exchange of Information on Enforcement.
Amendment 518 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3
Article 9 – paragraph 5 – subparagraph 3
The Commission shall publish a report of its findings following any compliance verification testing it has carried out and forward it to the European Parliament as soon as possible.
Amendment 537 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
This Forum shall be composed of members appointed by the Member States and should include representatives of the national type-approval authorities. The Commission shall be empowered to adopt delegated acts in accordance with Article 88 to lay down the composition, detailed tasks, working methods and rules of procedure of the Forum.
Amendment 545 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
Amendment 557 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Its advisory tasks shall comprise inter alia the promotion of good practices, the exchange of information on enforcement problems, cooperation, development of working methods and tools, development of an electronic information exchange procedure, and evaluation of harmonised enforcement projects, penalties and joint inspections.
Amendment 562 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 a (new)
Article 10 – paragraph 2 – subparagraph 2 a (new)
The national market surveillance authorities may present in the Forum individual cases of suspected non- conformity. The Forum may refer an individual case to the Commission, which may carry out an investigation and, if appropriate, take the measures listed in Article 9.5 if this action is so decided by a majority decision of the Forum.
Amendment 572 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 666 #
2016/0014(COD)
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1
Article 23 – paragraph 4 – subparagraph 1
The approval authority and technical services shall upon request have access to full and comprehensible information on the software and algorithms of the vehicle.
Amendment 722 #
2016/0014(COD)
Proposal for a regulation
Article 30
Article 30
Amendment 741 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Those national fees regarding type- approvals activities shall be levied on the manufacturers who have applied for type- approval in the Member State concerned. The national fees regarding market surveillance activities shall be levied by the Member State in which the products are placed on the market. Fees shall not be levied directly by technical services.
Amendment 772 #
2016/0014(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Type-approvals for vehicles, systems, components and separate technical units shall be issued for a limited period of 58 years without the possibility of prolongation. The expiry date shall be indicated in the type-approval certificate. AfterBefore the expiry of the type-approval certificate, it may be renewed upon application by the manufacturer and only where the approval authority has verified that the type of vehicle, system, component and separate technical unit complies with all the requirements of the relevant regulatory acts for new vehicles, systems, components and separate technical units of that type.
Amendment 847 #
2016/0014(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Where vehicles, accompanied by a certificate of conformity or systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, or are not in conformity with this regulation or were approved on the basis of incorrect data, the approval authorities, market surveillance authorities or the Commission may take the necessary restrictive measures in accordance with Article 21 of Regulation (EC) No 765/2008, to prohibit or restrict the making available on the market, registrshall require economic operators immediately to take the restrictive measures necessary to ensure that vehicles, systems, components or other separate technical units that do not conform to the approved type comply with this regulation, or entry into service on the market ofto take all the steps required to withdraw all non-compliant vehicles, systems, components or other separate technical units, or to withdraw them from that market or to recall them from that market as quickly as possible, including the withdrawal of the type-approval by the approval authority that granted the EU type-approval, until the relevant economic operator has taken all appropriate corrective measures to ensure that vehicles, systems, components or separate technical units are brought into conformityor to recall them.
Amendment 902 #
2016/0014(COD)
Proposal for a regulation
Article 65 – paragraph 1 – subparagraph 1
Article 65 – paragraph 1 – subparagraph 1
Manufacturers shall provide to independent operators unrestricted and standardised access to vehicle OBD information, diagnostic and other equipment, tools including any relevant softwarecomplete and comprehensible information about the software and algorithms, and vehicle repair and maintenance information.
Amendment 934 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 8
Article 71 – paragraph 8
Amendment 1121 #
2016/0014(COD)
Proposal for a regulation
Annex XII – point 1 – introductory part
Annex XII – point 1 – introductory part
1. The number of units of one type of vehicle to be registered, sold or put into service annually in the Union shall not exceed, pursuant to Article 39, the figures shown in the following table for the vehicle category in question: Category N2 – 1000
Amendment 42 #
2015/2354(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas Member States have to refrain from discriminatory measures, such as trade and tax laws that only affect certain sectors or business models and distort competition, making it difficult for foreign business to establish themselves in a given Member State, which constitutes a clear breach of internal market principles;
Amendment 78 #
2015/2354(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Reiterates the importance of removing barriers (including linguistic, administrative and those relating to lack of information) which restrict the business potential of online cross-border trade and undermine consumers’ confidence in the single market; emphasises the importance of eliminating operational restrictions to the exercise of the retail activity such as the regulation of shop opening hours, retail specific and selective taxes and the disproportionate request of information to the companies;
Amendment 93 #
2015/2354(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that it is necessary to adoptuse a common definition of ‘innovative’ start- ups and SMEs, or objective criteria, that can be used as a point of reference for the adoption of related measures; calls on the Commission to propose such a definition;
Amendment 115 #
2015/2354(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission’s determination to address the difficulties faced by SMEs as a result of the complexity of differing national VAT regulations; extends its full support to the Commission in respect of the VAT reform; calls on the Commission to assess the feasibility of further coordination and, in particular, to assess the possibility of a single taxVAT rate in the e-commerce sector;
Amendment 119 #
2015/2354(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Hopes that the Commission will continue the process of reforming the public procurement system, which it began with the 2014 directives, moving towards an increasing characterisation of demand in the area of procurement, with the aim of rewarding technological innovation and energy efficiency;
Amendment 135 #
2015/2354(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Encourages the Commission to set up an easily accessible database containing all EU and national labelling requirements; at the same time warns against the multiplication of labels and labelling requirements and calls for simplification, including by bringing together various aspects of sustainability in one label, while reducing differences in national mandatory labelling requirements and establishing common benchmarks/criteria at EU-level, where appropriate;
Amendment 160 #
2015/2354(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises that the collaborative (or sharing) economy is growing fast and while changing the way that many services and assets are provided and consumed; und, it can steerl ines, furthermore, the strong link between these new business models and the performancenovation and has the potential to bring additional benefits and opportunities for companies and consumers ofn the single market;
Amendment 173 #
2015/2354(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the Commission’s announced initiative on the European agenda for the collaborative economy, and its intention to look at that economy in order to assess what needs to be done to accompany its growth and its major contribution to the economic systemclarify, with a guidance, the interaction between the provisions of existing EU law for the application and functioning of collaborative economy business models;
Amendment 188 #
2015/2354(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that, in the collaborative economy, the development of new business models, innovative services and temporary use of assets should be encouraged, but with the same rules should applying to the same services, with a view to ensuring a level playing field and consumer safety while avoiding fragmentation that would hamper the development of new business models;
Amendment 204 #
2015/2354(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Draws attention to the important role of standards for innovation, competitiveness and progress in the single market; calls on the Commission to support and reinforce European standards, as already provided for by Regulation No 1025/2012, including by exploiting the opportunities offered by the ongoing negotiations for a Transatlantic Trade and Investment Partnership (TTIP);
Amendment 267 #
2015/2354(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Emphasises that it is necessary to reinforce the Solvit network and to improve awareness of the network, particularly by extending the interaction between SOLVIT, CHAP and EU Pilot cases to streamline the broader framework of EU complaint procedures, and to raise awareness of the network amongst citizens and SMEs, and its role in solving interpretation problems relating to the single market;
Amendment 279 #
2015/2354(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Takes note ofAnticipates the Commission proposal, as part of strengthening the single market for goods, to improve mutual recognition through action to increase awareness of the mutual recognition principle and through the revision of the Mutual Recognition Regulation;
Amendment 295 #
2015/2354(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Commission and Member States to give the highest political prominence to the retail sector as a pillar of the single market, including the digital single market, and to lift regulatory, administrative and practical obstacles hampering the start-up of businesses, development and continuity and making it difficult for retailers to fully benefit from the internal market; considers that retail market legislation should be evidence- based, taking into account the needs of the sector;
Amendment 324 #
2015/2354(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Supports the Commission proposal to introduce a services passport to help service providers demonstrate that they satisfy the requirefacilitate, in key economic sectors such as business services, the developments applicable to them in the Member State where they wish to provide their service on a temporary basisnd mobility of companies across the single market; considers that this initiative should be aimed at reducsimplifying administrative burdenprocedures for service providers wand simplifying thting to operate pcrocedures applicable to cross-border service provisionss-border, and addressing obstacles of regulatory nature which discourage these companies from entering a market in another Member State;
Amendment 339 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Considers that cross-border provision of services on a temporary basis, including professional services, should be considered a key element for the internal market as they create jobs and provide high-quality products and services to EU citizens; therefore considers the periodic guidance a useful instrument for the Member States, taking into account the different economical, geographical and social backgrounds of all Member States;
Amendment 13 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point a - point ii
Paragraph 2 - point a - point ii
ii. to ensure that before considering the removal of barriers, the agreement seeks to create a level playing field in the services sector,the agreement will be as comprehensive as possible and has as its main objective to highlight and maintain the high level of protection of consumers, woopen up the markerst and the environment enshrined in the Treaty on the Functioning of the European Union (TFEU)remove obstacles to free trade in services;
Amendment 46 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point b - point i
Paragraph 2 - point b - point i
i. to ensure that the negotiations maintain and strengthenconsider the fundamental role played by public services and services of general interest in the European Union, which provide an essential safety net for citizens and contribute to social cohesion, growth and employment;
Amendment 23 #
2015/2155(DEC)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses that the Court of Auditors report adopted on 11.07.2014 states that the potential saving for the EU budget would be about 114 million EUR per year if the European Parliament centralised its activities; reiterates the call on Parliament and the Council to address, in order to create long term savings, the need for a roadmap to a single seat, as stated by Parliament in several previous resolutions;
Amendment 98 #
2015/2132(BUD)
Motion for a resolution
Paragraph 67 b (new)
Paragraph 67 b (new)
67b. Stresses that Parliament and the Council must address the need for a roadmap to a single seat, as requested by a large majority in this Parliament in several resolutions, in order to create long term savings in the Union budget;
Amendment 52 #
2015/2129(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recommends that blacklists of websites containing child pornography be prepared by nationaland regularly updated by relevant authorities and communicated to Internet service providers to ensure that the action adopted is necessary and proportionate to avoid for instance over- blocking; recommends also the sharing of such blacklists of websites among the Member States through enhanced cooperation with Europol and its European Cybercrime Centre, and with Interpol;
Amendment 59 #
2015/2129(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Encourages Member States to exchange information about child sex offenders so as to prevent sex offenders from moving unnoticed from one Member State to another for work or for volunteering with children or children’s institutions; calls on Member States to step up information sharing on criminal convictions and disqualifications and to improve data collection in national registers of perpetrators;
Amendment 72 #
2015/2129(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Urges the Member States to make it mandatory for Internet service providers (ISP) to report child sexual abuse material detected in their infrastructure to law enforcement authorities, as well as national hotlines, and calls on the ISPs to preserve evidence;
Amendment 78 #
2015/2129(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Urges Member States which have not yet done so to put in place hotlines to which Internet users can report child sexual abuse material they find online and that are capable of assessing this reported content with a view to implementing notice and take-down procedures; takes the view that such hotlines should be allowed to search for child sexual abuse material proactively, as is the case for the Internet Watch Foundation (IWF) in the UK; calls on Member States for a better cooperation between helplines and hotlines to ensure protection of children victim of sexual exploitation and abuse;
Amendment 86 #
2015/2129(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Urges Member States to introduce in their legislation mandatory background checks for persons applying or volunteering for activities or jobs relating to children, including software and online content developers, and to systematically exchange information on individuals posing a risk to children;
Amendment 28 #
2015/2095(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- Having regard to the United Nations Convention on the Rights of the Child z\on 20 November 1989 and to the European Parliament resolution of 27 November 2014 on the 25th anniversary of the UN Convention on the Rights of the Child,
Amendment 32 #
2015/2095(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the Commission Communication 'Action Plan on Unaccompanied Minors',[1]and the European Parliament Resolution of 12 September 2013 on the situation of unaccompanied minors in the EU [1] COM 82010)0213 def Communication from the Commission to the European Parliament and the Council - Action Plan on Unaccompanied Minors (2010-2014)
Amendment 70 #
2015/2095(INI)
Motion for a resolution
Recital D
Recital D
D. whereas in 2015, over 3.771 persons are reported dead or missing in the Mediterranean sea, according to the International Organisation for Migration8 ; whereas children represent 30 per cent of all recorded deaths in the Aegean Sea[1]; whereas according to recent Europol data at least 10 000 unaccompanied children have disappeared after arriving in Europe [1] IOM and UNICEF, Data Brief: Migration of Children to Europe, http://www.iom.int/sites/default/files/press _release/file/IOM-UNICEF-Data-Brief- Refugee-and-Migrant-Crisis-in-Europe- 30.11.15.pdf __________________ 8 IOM, Missing Migrants Project, http://missingmigrants.iom.int/.
Amendment 153 #
2015/2095(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. whereas all EU Member States have a duty to protect and promote the rights of all children and ensure that migrant children are treated first and foremost as children and that the principle of the child's best interests takes precedence over migration management objectives;
Amendment 259 #
2015/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Suggests, in that respect, that search and rescue capacities must be strengthened, and that Member States’ governments must deploy more resources – in terms of financial assistance and assets – in the context of a Union-wide humanitarian operation, dedicated to finding, rescuing and assisting migrants in peril and bringing them to the closest place of safety, recommends that, in planning such search and rescue operations, child specific measures be taken, such as child safeguarding policies in manuals on search and rescue, child protection trainings and child-focused care at disembark;
Amendment 313 #
2015/2095(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that military operations should not be the predominate aspect of any holistic approach to migration and rReiterates that Operation Sophia must not distract assets already deployed in the Mediterranean from saving lives at sea;
Amendment 389 #
2015/2095(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Considers it appropriate therefore to extend relocation arrangements to all nationalities following the relocation of all those belonging to nationalities for which the proportion of positive decisions granting international protection in the Union has been 75 % or more for the preceding three months;
Amendment 431 #
2015/2095(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the preferences of the applicant should, as much as practically possible, be taken into account when carrying out relocation; recognises that this is one way of discouraging secondary movements and encouraging applicants themselves to accept relocation decisions, but that it should not stop the relocation process; further recalls that the best interest of the child must be a primary consideration should always guide any decision on relocation involving children;
Amendment 638 #
2015/2095(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Emphasises that hosting Member States must offer refugees support and opportunities to integrate and build a life in their new society and – as provided for in the Qualifications Directive12 – this should also include effective access to democratic structures in society; emphasises that integration is a two-way process and that respect for the values upon which the EU is built must be an integral part of the integration process; __________________ 12 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9).
Amendment 705 #
2015/2095(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Encourages the Member States to seek to keep families together, which will assist integration prospects in the long-term as the focus can be directed towards the establishment of a new life instead of concerns towards family members that are still in insecure situations; urges Member States to take all measures necessary to prevent the separation of a child from his/her parents;
Amendment 723 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47 a. On Unaccompanied Minors (new title)
Amendment 724 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 b (new)
Paragraph 47 b (new)
47 b. Recalls that refugee and migrant children should be provided with information on their right to family reunification and how to claim it in a child-friendly way; Recalls that support and protection should be extended to unaccompanied and separated children, in line with their best interests, and that applications for family reunification filed by unaccompanied and separated children should be expedited;
Amendment 725 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 c (new)
Paragraph 47 c (new)
47 c. Calls on Member States to fully apply the specific provisions of the Common European Asylum System concerning unaccompanied minors, including access to legal assistance, guardianship, access to healthcare, accommodation and education, the right to be spoken in a language they understand, to have interviews with trained officials not in a uniform, etc.; calls on the Member States to end detention of children because they are migrants.
Amendment 726 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 d (new)
Paragraph 47 d (new)
47 d. Calls on the Member States to ensure that refugee and migrant children enjoy rapid and non-discriminatory access to national services, including child protection systems, in line with the provisions of the UN Convention on the Rights of the Child with the same level of care and support recognised to national children deprived of parental care; calls on Member States to gather disaggregated data on the situation of refugee and migrant children in order to improve the ability of systems to integrate refugee and migrant children;
Amendment 727 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 e (new)
Paragraph 47 e (new)
47 e. Believes that age assessment should be carried out in a manner that is multi- disciplinary, safe and in respect of children's physical integrity and human dignity, with particular attention to girls and should be performed by independent, qualified practitioners and experts; calls for legal guardians to be appointed to support unaccompanied and separated children immediately upon identification and calls on the Member States to speed up procedures for appointing legal guardians
Amendment 758 #
2015/2095(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Acknowledges that, in the light of the fact that, in 2014, 36 % of third country nationals who were ordered to leave the Union were effectively returned, there is a need to improve the effectiveness of the Union’s return system, also by concluding new readmission agreements, in particular with African countries, that should be added to the 17 agreements already drawn up by the EU;
Amendment 773 #
2015/2095(INI)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Believes that the return of migrants should only be carried out safely, in full compliance with the fundamental and procedural rights of the migrants in question, and where the country to which they are being returned is safe for them; reiterates, in that regard, that voluntary return should be prioritised over forced returns; recalls no child should be returned without a thorough risk assessment, conducted by independent child protection officer, and based on Country of Origin Information reports in cooperation with non-governmental, local and international organisation to ensure protection and reintegration after their return;
Amendment 1030 #
2015/2095(INI)
Motion for a resolution
Paragraph 85 a (new)
Paragraph 85 a (new)
85a. Welcomes the commitments taken at the Valletta summit which recognise the need to give hope and opportunities to young people, and to protect children from violence and abuse;
Amendment 1039 #
2015/2095(INI)
Motion for a resolution
Paragraph 86 a (new)
Paragraph 86 a (new)
86a. The Union should make the allocation of economic resources for international cooperation projects to assist developing countries conditional upon the full and effective cooperation of those countries with regard to the control of outgoing migration flows and the return of migrants who are denied political asylum or other forms of international protection;
Amendment 1096 #
2015/2095(INI)
Motion for a resolution
Paragraph 92 a (new)
Paragraph 92 a (new)
92a. Calls on the European Council to consider military intervention in Libya and Syria, under the auspices of the United Nations, with the aim of combating ISIS and human traffickers in order to stem outgoing migration flows;
Amendment 1156 #
2015/2095(INI)
Motion for a resolution
Paragraph 104
Paragraph 104
104. Notes that, prior to the increased migratory flows into the Union in 2015, according to an OECD and Commission study of 2014, the working-age population (15-64) in the Union will decline by 7.5 million between 2013 and 2020, and that if net migration were to be excluded from their projections, the decline would be even more pronounced, as it would amount to a reduction of the working age population by 11.7 million; calls on the Commission, therefore, to submit to the Member States a set of measures with a view to boosting the birth rate, in order to avoid having to resort to workers from third countries because of the decline of the European population;
Amendment 1181 #
2015/2095(INI)
Motion for a resolution
Paragraph 110
Paragraph 110
Amendment 7 #
2015/2065(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the European doctrine of the right of competition, which seeks to favour the consumer’s purchasing power, has had a strong influence on the functioning of the food supply chain;
Amendment 20 #
2015/2065(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. having regard to the risk, which is increasingly frequent thanks to vertical integration, of conflicts of interest affecting distributors who sell both their own and their competitors’ products;
Amendment 62 #
2015/2065(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas European competition law should enable the final consumer to purchase goods at a competitive price, but must also ensure free and fair competition between undertakings, notably in order to encourage them to innovate;
Amendment 90 #
2015/2065(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the setting up of the Supply Chain Initiative, which has resulted in the adoption of a set of principles of good practice in B2B relations in the food supply chain and a voluntary framework for the implementation of those principles; believes that efforts to promote fair trading practices in the food supply chain can make a real impact; regrets, however, that farmers’ organisations had no choice but to withdraw from the agreement since their demands had not been sufficiently taken into account;
Amendment 95 #
2015/2065(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the principles of good practice and the list of examples of fair and unfair practices in vertical relations in the food supply chain; shares the view that these standards now need to be enforced and their effectiveness assessed;
Amendment 101 #
2015/2065(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. WelcomNotes the setting up of national platforms of organisations and businesses in the food supply chain to promote fair trading practices and seek to put an end to UTPs, but wonders whether they are really effective;
Amendment 111 #
2015/2065(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recognises there to be an extremely fragmented spectrum of public and private legislation across the 28 Member States in the field of UTPs in the food supply chain, with this reflecting the widespread belief that UTPs ought to be addressed via political initiatives rather than in terms of specific issues, even if major differences of opinion remain as to the ensuing results;
Amendment 123 #
2015/2065(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Confirms the existence of UTPs in the food supply chain despite all the mechanisms described above, and acknowledges that they are contrary to the basic principles of law;
Amendment 124 #
2015/2065(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Confirms the existence of UTPs in the food supply chain and acknowledges that they are contrary to the basic principles of law and that they stem from imbalances in contractual powers in a concentrated market that are on a scale exceeding that of a dominant position within the meaning of antitrust rules;
Amendment 131 #
2015/2065(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Emphasises that any serious analysis of UTPs cannot fail to take into account the new economic paradigm that has emerged in recent years: a mass retail sector (MRS) in which market access and competition at points of sale has become a critical competitive variable under the control of supermarkets. Some competition authorities have stressed not only the role played by MRS buyers, but also identified specific practices that transfer excessive and/or unjustified risk to suppliers and which could undermine their competitiveness. They have also found that ‘private labels’ introduce a horizontal dimension to competition in respect of industrial brands which had never previously been a factor;
Amendment 143 #
2015/2065(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that UTPs imposed by parties in a stronger bargaining position clearly have a negative impact, including on employment; stresses that UTPs can hamper investment and product innovation;
Amendment 144 #
2015/2065(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that UTPs imposed by parties in a stronger bargaining position clearly have a negative impact; stresses that UTPs can hamper investment and product innovation, quality and variety and may therefore reduce the choices available to consumers;
Amendment 167 #
2015/2065(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Acknowledges, nonetheless, that voluntary and self-regulatory schemes are not enough to put an end to UTPs once and for all, owing to the lack of effective enforcement mechanisms; since in view of the relative strengths of the players on this market it is unlikely that the situation will be satisfactorily resolved via a freely- negotiated agreement; recognises that purely voluntary codes are very important and useful for identifying issues. However, they also have major drawbacks, such as the broad scope for non-participation, conflicts of interest, dispute settlement mechanisms that fail to reflect supplier ‘fear factor’, the lack of genuine penalties for non-compliance and scant or non-participation by the competent authorities;
Amendment 179 #
2015/2065(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that action to combat UTPs will help to ensure the proper functioning of the internal market and to develop cross- border trading in the EU; the fragmented nature of the markets in the EU exposes European suppliers, distributors and consumers to a range of diverse market conditions, with certain behaviour being permitted in some Member States but not in others. This results in inequitable surplus distribution along the value chain in the various countries concerned;
Amendment 189 #
2015/2065(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Considers it essential to change the paradigm underlying European competition law which, since the Treaty of Rome, has served the consumer-citizen by the continual lowering of prices and which, now that Europe is faced with mass unemployment, must increasingly take into account the interests of the worker-citizen;
Amendment 190 #
2015/2065(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission to be strict in its application of European competition law and in particular to impose firm penalties for abuse of a dominant position in the food supply chain;
Amendment 191 #
2015/2065(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls on the Commission to submit to Parliament as soon as possible the evaluation report announced in its communication of 15 July 2014;
Amendment 192 #
2015/2065(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Calls on the Commission to assess the progress achieved by the Supply Chain Initiative and its national platforms;
Amendment 193 #
2015/2065(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Calls on the Commission to evaluate the application mechanisms put in place by the Member States to boost the confidence of all parties in the proper functioning of a sustainable food supply chain;
Amendment 194 #
2015/2065(INI)
Motion for a resolution
Paragraph 14 e (new)
Paragraph 14 e (new)
14e. Calls on the Commission to propose, on the basis of its report announced in its communication of 15 July 2014, additional legal or other measures to be put in place at EU level to counteract the scourge of UTPs;
Amendment 217 #
2015/2065(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Commission to submit specific proposals for EU legislation or other regulatory tools banning UTPs in the food supply chain that will enable markets to operate as they should and fair and transparent relations to be maintained between food producers, suppliers and distributors;
Amendment 218 #
2015/2065(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Commission to submit specific proposals for EU legislation banning UTPs in the food supply chain that will enable markets to operate as they should and fair and transparent. Economic regulation may prove necessary in order to prevent market disruption and the devastating effects of this on consumers, as well as repercussions that go beyond the interests of those immediately affected. Competition rules operate on an ex-post basis, when ex-ante regulations to be maintained between food producers, suppliers and distributors would be preferable to resolve structural issues and create market access conditions, providing potential market entrants with legal certainty and hence encouraging them to invest. Such regulation might also take into consideration other public policies that merit protection;
Amendment 223 #
2015/2065(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses that the experience of public intervention in other sectors suggests that economic regulation is a necessary complement to competition rules. Regulatory action has been taken to protect against the dangers of anti-competitive practices, despite the fact that no individual operators enjoyed dominant positions, in the fields of computerised reservation services, the interconnectivity of mobile telecommunications networks and the provision of internet access services. In other words, the Commission’s passive attitude in respect of the food supply chain contrasts with its proactive approach in other sectors;
Amendment 238 #
2015/2065(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Suggests that work should begin onat EU rules on the establishment or recognition of national public agencieslevel, including legislative work, for the establishment of public agencies at national level with responsibility for enforcing laws to combat unfair practices in the food supply chain; takes the view that public agencies of this kind should be empowered to conduct investigations on their own initiative and on the basis of informal information and complaints dealt with on a confidential basis (thus overcoming the fear factor), as well as to impose penalties;
Amendment 239 #
2015/2065(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Suggests that it might be more appropriate, given the current tendency in various Member States, and the burgeoning body of literature on private regulation, to move towards co-regulation rather than straightforward self- regulation. Suggests that work should begin on EU rules on the establishment or recognition of national public agencies with responsibility for enforcing laws and/or voluntary codes to combat unfair practices in the food supply chain; takes the view that public agencies of this kind should be empowered to conduct ex oficio investigations on their own initiative andor on the basis of informal information andor complaints dealt with on a confidential basis (thus overcoming the fear factor), as well as to impose penalties;
Amendment 248 #
2015/2065(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes strongly that a single, clear, precise and binding definition of UTPs should be drawn up, so as to allow effective common rules to be laid down with a view to combating such practices;
Amendment 258 #
2015/2065(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for due account to be taken, when drafting rules in this area, of the specific features of each market and the legal requirements obtaining on it, the different situations and approaches in individual Member States, the degree of consolidation or fragmentation of individual markets, and other significant factors; takes the view that such regulatory efforts should ensure that there is relatively broad discretion to tailor the measures to be taken to the specific features of each market and should be based on the general principle of improving enforcement by involva considerable degree of harmonisation of practices withing the relevant public agenciessingle market;
Amendment 259 #
2015/2065(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for due account to be taken, when drafting rules in this area, of the specific features of each market and the legal requirements obtaining on it, the different situations and approaches in individual Member States, the degree of consolidation or fragmentation of individual markets, and other significant factors; takes the view that such regulatory efforts should ensure that there is relatively broad discretion to tailor the measures to be taken to the specific features of each market and should be based on the general principle of improving enforcement by involving the relevant public agencies; stresses that one solution may be an EU framework that complements the voluntary codes and establishes general principles that reflect the differing situations at national level. This would mean that the Member States which already have effective systems could leave these very much unaltered (with small adjustments to bring them into line with any joint measures adopted). Member States with ineffectual systems could improve them, while those without any system could introduce one based on shared EU principles;
Amendment 267 #
2015/2065(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to assess the voluntary and self-regulatory schemes put in place to date and. Matters in this area hinge on the quantitative and qualitative assessment of the issues raised and resolved by the various operators in the food supply chain. Calls also the Commission to assess the effectiveness of the regulatory action taken at national and EU level; calls for an assessment of the likely impact of the various types of EU regulatory action that have been proposed, with due account being taken of all the possible implications for the various stakeholders and for consumer welfare;
Amendment 272 #
2015/2065(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
Amendment 4 #
2015/2061(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
- having regard to the European Economic Area Joint Parliamentary Committee resolution of 17 March 2015 on Industrial Policy in Europe,
Amendment 5 #
2015/2061(INI)
Motion for a resolution
Citation 22 b (new)
Citation 22 b (new)
- having regard to the European Economic Area Joint Parliamentary Committee resolution of 17 March 2015 on the Transatlantic Trade and Investment Partnership and its possible implications for the EEA EFTA States,
Amendment 7 #
2015/2061(INI)
Motion for a resolution
Citation 24
Citation 24
- having regard to the 345th EEA EFTA States Internal Market Scoreboard,
Amendment 16 #
2015/2061(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes with concern that according to the EEA EFTA States Internal Market Scoreboard, the current average transposition deficit of the three EFTA states has increased to 1.92 % from 0.51.9 % in NovemberJuly 20114;
Amendment 17 #
2015/2061(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that the EEA EFTA states are involved in many EU programmes and agencies and in practical cooperation measures, such as the Internal Market Information System or SOLVIT, and contribute to EU cohesion through the EEA and the Norwegian Financial Mechanism; takes the view that this cooperation fosters the effective functioning of an enlarged Single Market;
Amendment 23 #
2015/2061(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that the backlog of legal acts pending incorporation remains a concern, and therefore urges the EEA EFTA states to step up their efforts in close cooperation with the EU in order to uphold the integrity of the Single Market;
Amendment 26 #
2015/2061(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Acknowledges that prior agreement by all the EEA EFTA states regarding the determination of EEA-relevance is necessary and that technical adaptations may be required before incorporation; is concerned, however, that increasingthe many requests for adaptations and exceptions are leading to unnecessary delays and may fragmenting the Single Market; strongly calls on these countries to remedy this situation and to ensure a level playing field in the extended Single Market;
Amendment 29 #
2015/2061(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Points out that the EU and the USA are currently negotiating a comprehensive free trade and investment agreement; emphasises that, under the terms of the EEA Agreement, the EEA EFTA states apply single market rules and that the impact of a successful trade and investment partnership would probably also affect the EEA EFTA states; emphasises, further, that the conclusion of TTIP must not lead to new trade barriers being set up between the EU and the EEA EFTA states;
Amendment 32 #
2015/2061(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the factIs concerned that Liechtenstein reduced it’s transposition deficit increased from 10.7 % to 0.7 %, which is below the deficit target1.2 %; is concerned, howevfurther, by the fact that its legislation concerning the entry and residence rights of certain family members of EEA nationals and the restrictions imposed on EEA nationals residing in Liechtenstein from taking up employment in another EEA state, which Liechtenstein sees as an arrangement based on special quota rules under the EEA Agreement, does not seem to be fully in line with EEA law;
Amendment 36 #
2015/2061(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes note of the letter of 12 March 2015 sent by the Icelandic Government on its position as a candidate country for EU membership; strongly urges Iceland to step up its efforts to fulfil its obligations under the EEA Agreement given that it has a transposition deficit of 3.12.8 %, which is the highest of all the states concerned;
Amendment 39 #
2015/2061(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the fact that Norway, with whom ties have strengthened over the past years, is part of the Frontrunners initiative, which aims to improve the Single Market; notes, however, that the transposition deficit has increased to 2.0 % and urges Norway to step up its efforts in this regard in particular with a view to completing the internal energy market;
Amendment 50 #
2015/2061(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes in this context the opening of the negotiations in May 2014 for an institutional framework as a precondition for the further development of a bilateral approach; stresses that without such a framework agreement no further agreements on Swiss participation in the internal market, including the Electricity Agreement, will be concluded; urges the Swiss Government to step up its efforts to progress with the negotiations on the outstanding issues;
Amendment 56 #
2015/2061(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes note of the outcome of the referendum of 9 February 2014 on the ‘Against Mass Immigration’ popular initiative and the decisions taken on 11 February 2015 by the Swiss Federal Council in relation to its implementation of a draft implementing law and new flanking measures; expects Switzerland to respect its obligations in particular those stemming from the Free Movement of Persons Agreement (FMPA); points out that the question of migration of citizens from third countries should not be confused with the free movement of persons as enshrined in the Treaties; notes in this respect that Switzerland has introduced unilateral measures in order to avoid discrimination against Croatian citizens but considers that these measures fall short of the Protocol extending the FMPA to include Croatia and that ratifying that Protocol would also clear the way for Switzerland's involvement in the Horizon 2020 programme to continue and be extended;
Amendment 58 #
2015/2061(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reiterates that the free movement of persons is one of the fundamental freedoms and a pillar of the Single Market and that it always has been an inseparable part of and precondition for the bilateral approach between the EU and Switzerland; therefore fully supports the EU’s rejection of July 2014 of the Swiss Authorities’ request to renegotiate the FMPA with a view to introducing a quota or a national preference system; notes with concern reports concerning the application by some firms and cantons of a national preference system, and points out that such a practice is at odds with the agreement on freedom of movement;
Amendment 61 #
2015/2061(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Urges that the current practice whereby taxi firms from EU Member States can provide services in Switzerland without restriction should continue, as it has long contributed to economic development in Swiss border regions and is mutually beneficial;
Amendment 62 #
2015/2061(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Calls on the Commission to scrutinise more closely the implications of the purchase and leasing of land by Swiss farmers in EU border regions;
Amendment 63 #
2015/2061(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Deplores the introduction and subsequent tightening-up by Switzerland of unilateral flanking measures, such as the charging of fees to cover administrative costs, the requirement to constitute bonds or a combination of such measures, as these are seriously hampering the provision of services, in particular by SMUs, in Switzerland under the agreement; calls on Switzerland to revise these measures in order to bring them into line with the agreement on freedom of movement;
Amendment 64 #
2015/2061(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Takes the view that the implementation in 2013 of Directive 2005/36 on the recognition of professional qualifications was long overdue and calls for a swift transposiincorporation of Directive 2013/55 amending itin the annex to the agreement on freedom of movement in the expectation that Switzerland will find ways of ensuring that the agreement remains in force;
Amendment 66 #
2015/2061(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission, in future, to consider all the implications for EU regions bordering on Switzerland of the introduction of new rules, such as the recent amendment of Article 561 of the regulation implementing the Customs Code to impose tight restrictions on the use for private purposes by employees resident on the customs territory of the EU of company cars registered in a third country;
Amendment 67 #
2015/2061(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Notes that in overall terms cooperation under the Agreement on mutual recognition in relation to conformity assessment (MRA) is satisfactory, but that the functioning of the agreement could be substantially improved if Switzerland were to pledge to update it consistently in line with developments in EU law;
Amendment 282 #
2015/0288(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Any lack of conformity with the contract which becomes apparent within two yearsix months from the time indicated in paragraphs 1 and 2 is presumed to have existed at the time indicated in paragraphs 1 and 2 unless this is incompatible with the nature of the goods or with the nature of the lack of conformity.
Amendment 330 #
2015/0288(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
The reduction of price shall be proportionate to the decrease in the value of the goods which were received by the consumer compared to the value the goods would have if in conformity with the contract. In determining the amount of the reduction or the amount to be repaid, account shall be taken of use of the goods by the consumer.
Amendment 344 #
2015/0288(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. A minor defect shall not constitute grounds for termination of the contract.
Amendment 372 #
2015/0288(COD)
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
The consumer shall forfeit his rights under this Directive if he fails to inform the seller of the lack of conformity within a period of two months from the date on which the defect was detected or could have been detected exercising normal care and attention.
Amendment 382 #
2015/0288(COD)
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 392 #
2015/0288(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
If the defect is attributable to the manufacturer, the latter shall be jointly liable with the seller vis-à-vis the consumer, this liability being limited to the compulsory repair or replacement of defective goods within the deadlines and in the manner determined by the Member States in accordance with national law.
Amendment 643 #
2015/0287(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. TWhe burden of proof with respect to the conformity with the contract at the time indicated in Article 10 shall be on the supplierre a lack of conformity becomes apparent within two years from the time indicated in paragraph 10, the supplier shall be liable in respect of that lack of conformity.
Amendment 646 #
2015/0287(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Amendment 647 #
2015/0287(COD)
Proposal for a directive
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
1b. Unless there is evidence to the contrary, any lack of conformity that becomes apparent within six months from the time indicated in Article 10 shall be presumed to have already existed at that time.
Amendment 654 #
2015/0287(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Paragraph 1b shall not apply where the supplier shows that the digital environment of the consumer is not compatible with interoperability and other technical requirements of the digital content and where the supplier informed the consumer of such requirements before the conclusion of the contract.
Amendment 751 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The reduction in price shall be proportionate to the decrease in the value of the digital content which was received by the consumer compared to the value of the digital content that is in conformity with the contract. In determining the amount of the reduction or the amount to be repaid, account shall be taken of use of the digital content by the consumer.
Amendment 822 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. A minor defect shall not constitute grounds for termination of the contract.
Amendment 831 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 837 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Where the digital content has been supplied in exchange for a payment of a price and overDuring the period of time stipulated in the contract, the consumer may terminate the contract only in relation to that part of the period of time where the digital content has not been in conformity with the contract.
Amendment 111 #
2015/0269(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) It should be specified in this Directive that the activities of a dealer include not only the manufacturing but also the modification or conversion of a firearm which classifies it for another category according to Annex I part II, such as the shortening of a complete firearm, and in addition the modification or conversion of parts of firearms and of ammunition, and that, therefore, only authorised dealers should be permitted to engage in those activities. This Directive should not prevent, where allowed by national law, individuals from preparing ammunition or from modifying non- essential components of firearms for personal use.
Amendment 130 #
2015/0269(COD)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
Amendment 137 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall make the pursuit of the activity of dealer or broker within their territory conditional upon authorisation on the basis of at least a check of the privateersonal and professional integrity and of the abilities of the dealer or broker. In the case of a legal person, the check shall be on the legal person and on the person who directs the undertaking.
Amendment 141 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
This filing system shall record each firearm's type, make, model, calibre and serial number, as well as the names and addresses of the supplierperson disposing of the firearm and the person acquiring or possessing ithe firearm. The record of firearms, including deactivated firearms, shall be maintained until destruction of the firearm has been certified by the competent authorities.
Amendment 144 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 2
Article 4 – paragraph 4 – subparagraph 2
Throughout their period of activity, dealers and brokers shall be required to maintain a register in which all firearms subject to this Directive and which are received or disposed of by them shall be recorded, together with such particulars as enable the firearm to be identified and traced, in particular the type, make, model, calibre and serial number thereof and the names and addresses of the persons supplyingdisposing of and acquiring it.
Amendment 146 #
2015/0269(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Bodies concerned with the cultural and historical aspects of weaponsIt should be possible for Member States to choose to authorise persons dedicated to the gathering, study and conservation of firearms and associated artefacts for historical, cultural, scientific, technical, educational, aesthetic or heritage purpose and recognised as such by the Member State in whose territory they are established and holding in theirto possession firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation by the Member State concerned and provided that those firearms have been deactivated. , provided that those persons demonstrate, prior to being granted authorisation, that they have taken the necessary measures to address any risks to public security or safety, including by way of secure storage. Any such authorisation should take into account and reflect the specific situation, including the nature of the collection and its purposes.
Amendment 150 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 91/477/EEC
Article 4b – paragraph 2
Article 4b – paragraph 2
2. The system referred to in paragraph 1 shall include at least a check of the privateersonal and professional integrity and of the abilities of the dealer or broker. In the case of a legal person, the check shall be on the legal person and on the person who directs the undertaking.
Amendment 260 #
2015/0269(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Selling arrangements of firearms and their essential components by means of distance communication may pose a serious threat to security as they are more difficult to control than the conventional selling methods, especially as regards the on line verification of the legality of authorisations. It is therefore appropriate to limit the selling of arms and components by means of distance communication, notably internet, to dealers and brokersshould where allowed under national law, be possible provided that it takes place under conditions, so as to allow verification of identity and of the right to engage in such transaction.
Amendment 307 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Directive 91/477/EEC
Article 1 – paragraph 1a
Article 1 – paragraph 1a
Amendment 314 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 91/477/EEC
Article 1 – paragraph 1b
Article 1 – paragraph 1b
1b. For the purposes of this Directive, "essential component" shall mean the barrel, frame, receiver, slide or cylinder, bolt or breaech block and any device designed or adapted to diminish the sound caused by firing a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted.
Amendment 332 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 91/477/EEC
Article 1 – paragraph 1e
Article 1 – paragraph 1e
1e. For the purposes of this Directive, "broker" shall mean any natural or legal person, other than a dealer, his agents or representatives, whose trade or business consists wholly or partly in buying, selling or arranging the transfer within a Member State, from one Member State to another Member State or exporting to a third country fully assembled firearms, their parts and ammunition.
Amendment 390 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point d
Article 1 – point 1 – point d
Directive 91/477/EEC
Article 1 – paragraph 2 – point ii
Article 1 – paragraph 2 – point ii
(ii) the manufacture, trade, exchange, hiring out, repair or conversion of paressential components of firearms;
Amendment 396 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point d
Article 1 – point 1 – point d
Directive 91/477/EEC
Article 1 – paragraph 2 – point iii
Article 1 – paragraph 2 – point iii
(iii) the manufacture, trade, exchange or conversion, other than for personal use, of ammunition.
Amendment 446 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
For the purposes of identifying and tracing each assembled firearm, Member States shall, at the time ofwithout delay after the manufacture or import of each firearm or at the time of import into the Union, require a unique marking including the name of the manufacturer, the country or place of manufacture, the serial number and the year of manufacture, if not already part of the serial number, in accordance with the provisions of the Convention for the Reciprocal Recognition of Proof Marks on Small Arms of 1 July 1969. This shall be without prejudice to the affixing of the manufacturer's trademark.
Amendment 467 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
The marking shall be affixed to the receiver or the body of the firearm.
Amendment 473 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 3
Article 4 – paragraph 2 – subparagraph 3
Member States shall ensure that each elementary package of complete ammunition is marked so as to provide the name of the manufacturer, the identification batch (lot) number, the calibre and the type of ammunition and the marking certifying that the ammunition have been verified in accordance with the provisions of the Convention for the Reciprocal Recognition of Proof Marks on Small Arms of 1 July 1969.
Amendment 492 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 1 – second sentence
Article 4 – paragraph 4 – subparagraph 1 – second sentence
This data-filing system shall record each firearm's type, make, model, calibre and serial number, as well as the names and addresses of the supplier and the person acquiring or possessing the firearm. The record of firearms, including deactivated firearms, shall be maintained until destruction of the firearm has been certified by the competent authorities.
Amendment 637 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3
Article 6 – paragraph 3
The acquisition of firearms and their parts and ammunition concerning categories A, B and C by means of distance communication, as defined in Article 2 of Directive 97/7/EC of the European Parliament and of the Council(*), shall be authorised only with respect to dealers and brokers and shall be subject to the strict control of the Member States. subject to strict control by the Member States and shall take place under conditions allowing verification of the identity of the person making the acquisition and of his or her right to engage in such a transaction. (*) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 657 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Amendment 702 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Directive 91/477/EEC
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
Amendment 765 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 7
Annex I – part II – point A – category A – point 7
Amendment 794 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point ii
Article 1 – point 13 – point a – point ii
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7
Annex I – part II – point A – category B – point 7
Amendment 2 #
Amendment 402 #
2015/0009(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In accordance with the Treaty on the Functioning of the European Union, Infrastructure and project investments supported under EFSI should be consistent with State aid rules. To that end, the Commission has announced that it will formulate a set of core principles, for the purpose of State aid assessments, which a project will have to meet to be eligible for support under the EFSI. If a project meets these criteria and receives support from the EFSI, tThe Commission has also announced that any national complementary support, will be assessed under a simplified and accelerated State aid assessment whereby the only additional issue to be verified by the Commission will be the proportionality of public support (absence of overcompensation). The Commission has also announced that it will provide further guidance on the set of core principles with a view to ensuring an efficient use of public fund, with a view to ensuring an efficient use of public funds, it will provide further guidance on the set of core principles in order to ensure that any national complementary support for projects receiving support from the EFSI is fully consistent with current sector- specific State aid rules.
Amendment 3 #
2014/2216(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the UN Convention of the Rights of the Child and the European Parliament resolution on the 25th anniversary of the Right of the Child adopted on the 27th November 2014;
Amendment 400 #
2014/2216(INI)
Motion for a resolution
Paragraph 70 a (new)
Paragraph 70 a (new)
70a. Reiterates its call on the Commission to propose an ambitious and comprehensive Child Rights Strategy and Action Plan for the next five years, as requested in its resolution on the 25th Anniversary of the Right of the Child of 27 November 2014;
Amendment 407 #
2014/2216(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Calls on the Commission and the EEAS to continue to take action regarding the rights of the child, with a specific focus on violence against children, including torture, as cases of torture and detention of children have been reported by organisations such as UNICEF and Amnesty International; calls for particular focus on the issues of forced child labour, child marriage, enlistment of children in armed groups and their disarmament, rehabilitation and subsequent reintegration, as well as placing the issue of child witchcraft on the agenda of human rights dialogues with the countries concerned; stresses the importance of prioritising children’s rights within EU external policy, development cooperation and humanitarian aid ,in order to ensure adequate funding and increase the level of protection for children in emergency situations; calls on the VP/HR to report annually to Parliament on the results achieved with regard to child-focused EU external action;
Amendment 415 #
2014/2216(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Reiterates the need to step up efforts to implement the Revised Implementation Strategy of the EU Guidelines on Children and Armed Conflict; encourages the EU to further deepen its cooperation with the UN Special Representative for Children affected by Armed Conflicts; calls for the universal ratification of the UN Convention on the Rights of the Child, and notably the third Optional Protocol which will allow children to submit their complaints to the UN Committee on the Rights of the Child; Calls on the Commission and the High representative/Vice President of the Commission to explore ways for the EU to accede unilaterally to the UN Convention on the Rights of the Child;
Amendment 449 #
2014/2216(INI)
Motion for a resolution
Paragraph 74 a (new)
Paragraph 74 a (new)
74a. Considers that migrant children are particularly vulnerable, especially when they are unaccompanied; recalls that unaccompanied children are above all children and that child protection, rather than immigration policies, must be the leading principle when dealing with them, thus respecting the core principle of the best interests of the child.
Amendment 87 #
2014/2158(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the common approach taken in the process of state aid modernisation, with a view to promoting greater effectiveness in public spending against a background of limited budget margins, especially in the Member States that have been the most severely affected by the crisis;
Amendment 110 #
2014/2158(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the advisability of assessing the cumulative effects of corporate taxation and state aid;
Amendment 3 #
2013/2006(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that industrial policy has moved to the centre of political attention in the EU; stresses that a strong industrial base is essential for a wealthy, competitive and economically successful Union, and serves as the best cure for recession;
Amendment 10 #
2013/2006(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Takes the view that only a proactive, integrated industrial policy, that links various policy fields – including consumer policy and labour market policy – can create favourable economic conditions for companies in the EU to improve their competitiveness and looks forward to welcoming the Roadmap for reform of the Internal Market for industrial products;
Amendment 11 #
2013/2006(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Takes the view that only a proactive, integrated industrial policy, that is based on research, innovation and a single market and links various policy fields – including consumer policy and labour market policy – can create favourable economic conditions for companies in the EU to improve their competitiveness;
Amendment 14 #
2013/2006(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. reminds the role of the investments in stimulating innovation and fostering growth, and stresses the need for more support to entrepreneurship in terms of better business conditions;
Amendment 25 #
2013/2006(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that the internal market still has enormous, untapped potential to boost competitiveness and growth in the EU, and therefore urges the Commission and the Member States to accelerate their efforts to remove remaining barriers, to the benefit of EU consumers, employees and companies, particularly SMEs; stresses that companies and consumers are being prevented from taking full advantage of the single market by inadequate transposition and implementation of single market legislation; therefore urges the Commission and the Member States to accelerate their efforts to remove remaining barriers and emphasises the importance of establishing increasingly close cooperation between the European Parliament and the national parliaments with that end in view;
Amendment 29 #
2013/2006(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. recognizes the importance of traceability of productions to empower consumers with tools for a more informed purchasing choice and to acknowledge local production enterprises for the know- how acquired during centuries;
Amendment 31 #
2013/2006(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Urges the European Union and Member States to press ahead with full implementation of the Small Business Act, which provides a coherent framework for measures to promote the growth of SMEs and should play a vital role in the European Union’s new, strong industrial policy;
Amendment 34 #
2013/2006(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 42 #
2013/2006(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Believes that further development of the freedom of movement for workers, through the use of instruments such as mutual recognition of professional qualifications and advancedlife-long training, in particular for low-qualified and disvulnerabled workers, has great potential for mitigating the shortage of skilled labour and for triggering inclusive growth;
Amendment 46 #
2013/2006(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Encourages further exploitation of the potential of the 98/34 notification procedure, and suggests that Member States introduce competitiveness proofing in impact assessments conducted at the drafting stages of national legislative processes. , in the wider framework of the 'Single Market Test' asked for in the European Parliament resolution of 7 February 2013 with recommendations to the Commission on the governance of the Single Market;
Amendment 51 #
2013/2006(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the contribution made by companies producing high-end goods and services to growth, employment and competitiveness in the European Union, given that this sector accounts for 3% of EU GDP, has an annual turnover of over EUR 400 billion and generates almost 1.5 million direct and indirect jobs in Europe, according to the Commission’s Staff Working Document on the Competitiveness of the European High- End Industries published on 26 September 2012;
Amendment 5 #
2013/2005(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that a competition-driven open European energy market will make for lower prices, as well as enhancing Europe’s competitiveness and contributing to economic growth and consumers’ well- being, and that, in order to bring this about, the remaining physical, statutory, and or regulatory barriers to market efficiency need to be removed urgently;
Amendment 12 #
2013/2005(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. UNotes that as a result of the inadequate transposition of the third energy package internal market legislation in the energy sphere has not yet generated its full benefits for internal market actors and no cross-border internal energy market yet exists; urges the Commission, to take steps to bring competition rules to bear on the energy sector, especially as regards the delayed transposition and implementation of the third energy packagherefore, to use all the means at its disposal to guarantee the transposition and implementation of the third energy package, which has been delayed; points out that enforcement of competition rules can contribute to greater security of supply if it serves to facilitate market access and encourage investment; urges the Commission, therefore, to be resolute in continuing the steps taken in the light of the sector inquiry to bring competition rules to bear on the energy sector; welcomes, in that connection, the ongoing competition law procedures in the energy sector, the aim of which is to ensure that the objective of completing the internal energy market in 2014 is achieved and that the obstacles to competition re- established by energy suppliers are eliminated; points out that national regulatory and anti-trust authorities play a decisive role in implementing EU rules, and encourages the Member States to endow these authorities with the financial and human resources they require;
Amendment 18 #
2013/2005(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to take steps to eliminate market fragmentation and distortions by phasing out direct and indirect fossil fuel subsidies and doing away with regulated consumer energy prices; calls on the Commission, in that connection, to check whether the laws in force in some Member States, which, by granting exclusive rights, create supplier monopolies and thus lead to lower levels of competition and higher consumer prices, are consistent with the Treaties; points to the need to move gradually towards consistency among renewable energy support schemes in the Member States and to promote capacity mechanisms that work efficiently in a cross-border context; emphasises that in this connection great care must be taken to determine precisely which capacity- safeguarding measures are necessary and make sense;
Amendment 26 #
2013/2005(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that as a result of the failure to transpose the third energy package and obstacles to competition which still persist market liberalisation has not resulted in significant options or lower prices for final consumers and households; urges the Commission to take steps to improve transparencyclarify consumers’ rights, to improve transparency as regards pricing and billing, information, and freedom of consumer choice and to protect vulnerable consumers; advocates support for new arrangements making for effective dispute resolution and restoring the balance of bargaining power between final consumers and suppliers.consumers;
Amendment 32 #
2013/2005(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Points out that smart metering systems and variable electricity tariffs can offer consumers an incentive to reduce their consumption, and therefore their bills, and can make for greater transparency; emphasises, however, at the same time, that the introduction of such metering systems must be preceded by a detailed assessment of, in particular, the real potential for savings, interoperability or the data protection implications;
Amendment 37 #
2013/2005(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls for the prompt transposition of the recently adopted directive on alternative dispute resolution and regulation on online dispute resolution, which are designed to guarantee improved universal EU-wide access to dispute resolution bodies, also in connection with energy-related matters, to ensure that disputes can be settled quickly, simply and cheaply and to restore the balance of bargaining power between final consumers and suppliers;
Amendment 32 #
2013/0402(COD)
Proposal for a directive
Recital 8
Recital 8
(8) It is appropriate to provide for rules at Union level to approximate the national legislative systems so as to ensure a sufficient and consistent level of redress across the internal market in case of unlawful acquisition, use or disclosure of a trade secret regarding goods or services. For this purpose, it is important to establish a homogenous definition of a trade secret without restricting the subject matter to be protected against misappropriation. Such definition should therefore be constructed as to cover business information, technological information and know-how where there is both a legitimate interest in keeping confidential and a legitimate expectation in the preservation of such confidentiality. By nature, such definition should exclude trivial information and should not extend to the knowledge and skills gained by employees in the normal course of their employment and which are known among or accessible to persons within the circles that normally deal with the kind of information in question.
Amendment 48 #
2013/0402(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Unlawful acquisition of a trade secret by a third party could have devastating effects on its legitimate holder since once publicly disclosed it would be impossible for that holder to revert to the situation prior to the loss of the trade secret. As a result, it is essential to provide for fast and accessible interim measures for the immediate termination of the unlawful acquisition, use or disclosure of a trade secret, including when such trade secret is used for the provision of services. Such relief must be available without having to await a decision on the substance of the case, with due respect for the rights of defence and the principle of proportionality having regard to the characteristics of the case in question. Guarantees of a level sufficient to cover the costs and the injury caused to the respondent by an unjustified request may also be required, particularly where any delay would cause irreparable harm to the legitimate holder of a trade secret.
Amendment 60 #
2013/0402(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Since the objective of this Directive, to achieve a smooth functioning internal market through the establishment of a sufficient and comparable level of redress across the internal market in case of unlawful acquisition, use or disclosure of a trade secret, cannot be sufficiently achieved by Member States and can therefore, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that same Article, this Directive does not go beyond what is necessary in order to achieve that objective. This directive is without prejudice to the right of Member States to maintain or introduce more restrictive measures, in accordance with the Treaty and this Directive, regarding the acquisition, use and disclosure of trade secrets.
Amendment 85 #
2013/0402(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘infringing goods’ means good or services’ means goods or services whose design, quality, manufacturing process or marketing significantly benefits from trade secrets unlawfully acquired, used or disclosed.
Amendment 90 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The acquisition of a trade secret without the consent of the trade secret holder shall be considered unlawful whenever carried out intentionally or with gross negligence by:
Amendment 102 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
(3) The use or disclosure of a trade secret shall be considered unlawful whenever carried out, without the consent of the trade secret holder, intentionally or with gross negligence, by a person who is found to meet any of the following conditions:
Amendment 111 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The use or disclosure of a trade secret shall also be considered unlawful whenever a person, at the time of use or disclosure, knew or should, under the circumstances, have known that the trade secret was obtained directly or indirectly from another person who was using or disclosing the trade secret unlawfully within the meaning of the paragraph 3.
Amendment 114 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The conscious and deliberate production, offering or placing on the market of infringing goods, or import, export or storage of infringing goods for those purposes, shall be considered an unlawful use of a trade secret when the person carrying out such activities knew, or, under the circumstances, should have known that the trade secret was used unlawfully within the meaning of paragraph 3.
Amendment 381 #
2013/0314(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point a – paragraph 2
Article 7 – paragraph 1 – subparagraph 1 – point a – paragraph 2
The input data shall be transaction data. If available or, where appropriate, non-transaction based data, is not sufficient to represenncluding committed quotes and verifiable estimates provided that it accurately and reliably represents the market or economic reality that the benchmark is intended to measure, input data which is not transaction data may be used provided that such data is verifiable.
Amendment 388 #
2013/0314(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point c
Article 7 – paragraph 1 – subparagraph 1 – point c
(c) Where the input data of a critical benchmark is not transaction data and a contributor is a party to more than 50% of value of transactions in the market which that the benchmark intends to measure, the administrator shall verify where possible that the input data represents a market subject to competitive supply and demand forces. Where the administrator finds that the input data does not represent a market subject to competitive supply and demand forces, it shall either change the input data, the contributors or the methodology to ensure that the input data represents a market subject to competitive supply and demand forces, or cease to provide that benchmark (‘Market impact’). Any change referred to in this paragraph shall not be intended as a breach of any financial contract or financial instrument which references that benchmark.
Amendment 457 #
2013/0314(COD)
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Where contributors, comprising at least 20% of thIf one or more contributors to a critical benchmark haveintend to ceased contributing, or there are sufficient indications that at least 20% of the contributors are likely to cease contributing, in any year, the competent authority input data, they shall promptly notify the benchmark administration in writing, which shall inform ESMA without delay and submit to it an assessment of the implications of the capability of the benchmark to measure the underlying market or economic reality. In case ESA considers that the representativeness ofr the administratorcontinuity of a critical benchmark is put at risk, it, shall have the power to:
Amendment 461 #
2013/0314(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) require supervised entities, selected in accordance with paragraphs 2, to contribute input data to the administrator in accordance with the methodology, code of conduct or other rules;
Amendment 462 #
2013/0314(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point a a (new)
Article 14 – paragraph 1 – point a a (new)
(aa) require supervised entities which are not already contributors to the relevant critical benchmark, selected in accordance with paragraph 2, to contribute input data to the administrator in accordance with the methodology, code of conduct or other rules;
Amendment 465 #
2013/0314(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) determine the form in which, and the time by which, any input data is to be contributed, without incurring an obligation to either trade or commit trade;
Amendment 467 #
2013/0314(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) change the code of conduct, methodology or other rules of the critical benchmark; contributors which notified their intention to cease contributing input data shall continue contributing input data until ESMA has finished its assessment.
Amendment 474 #
2013/0314(COD)
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. For a critical benchmark, tThe supervised entities that are required to contribute in accordance with paragraph 1 point a a (new) shall be determined by the competent authority of the administratorESMA on the basis of the following criteria:
Amendment 479 #
2013/0314(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) the supervised entity's expertise and ability to provide input data of the necessary quality. New contributors which are required to contribute input data in accordance with paragraph 1 point a a (new) shall have a period of time of at least 1 year to set up the necessary arrangements to make such contribution.
Amendment 481 #
2013/0314(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The competent authority of a supervised contributor that has been required to contribute to a benchmark through measures taken in accordance with points (a) and (b) of paragraph 1 shall assist the competent authority of the administratoraragraph 1 shall support ESMA in the enforcement of such measures.
Amendment 489 #
2013/0314(COD)
Proposal for a regulation
Article 14 – paragraph 4 – introductory part
Article 14 – paragraph 4 – introductory part
4. The competent authority of the administrator shESMA shall annually review each measure adopted under paragraph 1 one year following its adoption. It shall revoke it if:
Amendment 490 #
2013/0314(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point a – introductory part
Article 14 – paragraph 4 – point a – introductory part
Amendment 491 #
2013/0314(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point a – point 1
Article 14 – paragraph 4 – point a – point 1
Amendment 492 #
2013/0314(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point a – point 2
Article 14 – paragraph 4 – point a – point 2
(2) a written report by the administrator to the competent authority providing evidence for its assessment that the criticala) judges that the benchmark's continued viability can be assured once mandatory participation has been revoked which shall be evidenced by a written report provided by the administrator.
Amendment 493 #
2013/0314(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point b
Article 14 – paragraph 4 – point b
(b) judges that an acceptable substitute benchmark is available and users of the critical benchmark can switch to this substitute at minimal costs which shall be evidenced by at least a written report by the administrator detailing the means of transition to a substitute benchmark and the ability and costs to users of transferring to this benchmark.
Amendment 498 #
2013/0314(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The administrator shall notify the relevant competent authorityESMA in the event that any contributors breach the requirements of paragraph 1 of this Article as soon as is technically possible.
Amendment 95 #
2013/0049(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
Amendment 108 #
2013/0049(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 117 #
2013/0049(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Regulation shall not apply to products to be repaired or reconditioned prior to being used where those products are made available on the market as such nor to second hand products originally placed on the market before the entry into force of this Regulation.
Amendment 159 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point c
Article 6 – paragraph 1 – subparagraph 1 – point c
(c) the presentation of the product, the labelling, any warnings and instructions for its use and disposal and any other indication or information regarding the product, which may also take the form of illustrations or pictograms alone;
Amendment 191 #
2013/0049(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Manufacturers and importers shall ensure that products bear an indication of the country of origin of the product and its constituent materials or, where the size or nature of the product does not allow it, that indication is to be provided on the packaging or in a document accompanying the product. The relevant indication shall in every case be affixed visibly and be easily identifiable by the consumer.
Amendment 281 #
2013/0049(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Before making a product available on the market distributors shall verify that the manufacturer and the importer have complied with the requirements set out in Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable.
Amendment 282 #
2013/0049(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Before making a product available on the market distributors shall verify that the manufacturer and the importer have complied with the requirementproduct bears the indications set out in Article 8(6), (7) and (87) and Article 10(3) and (4), as applicable. is accompanied by information in accordance with Article 8 (8) and Article 10(4).
Amendment 290 #
2013/0049(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Distributors shall ensure that, while a product is under their responsibility, storage or transport conditions do not jeopardise its compliance with the general safety requirement laid down in Article 4 and its conformity with Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable.
Amendment 294 #
2013/0049(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Distributors who consider or have reason to believe that a product which they have made available on the market is not safe or is not in conformity with Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable, shall make sure that the corrective action necessary to bring that product into conformity is taken, to withdraw it or recall it, if appropriate. Furthermore, where the product is not safe, distributors shall immediately inform the manufacturer or importer, as applicable as well as market surveillance authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the risk to health and safety and of any corrective action taken.
Amendment 321 #
2013/0049(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 determining the products, categories or groups of products for which, due to their low level of risk, the information referred to in Article 8(7) and Article 10(3) does not need to be indicated on the product itself.
Amendment 332 #
2013/0049(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. For certain products, categories or groups of products and particularly those which, due to their specific characteristics or specific conditions of distribution or usage, susceptible to bear a serious risk to health and safety of persons, the Commission may require economic operators who place and make available those products on the market to establish or adhere to a system of traceability.
Amendment 335 #
2013/0049(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point a
Article 15 – paragraph 3 – point a
(a) determining the products, categories or groups of products susceptible to bear a serious risk to health and safety of personthat should be subject to traceability requirements as referred to in paragraph 1;
Amendment 71 #
2013/0048(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to make the entire market surveillance process transparent and easy to follow for both market surveillance authorities and economic operators, the Regulation should clearly set out the chronological steps of that process, from the moment when market surveillance authorities identify a product which they believe may present a risk, to the assessment of the risk presented, the corrective action to be taken by the relevant economic operatorparty responsible for placing the product on the market within a specified period and the measures to be taken by market surveillance authorities themselves if economic operatorsthose responsible for placing on the market do not comply or in cases of urgency.
Amendment 89 #
2013/0048(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards uniform conditions for the carrying -out of checks by reference to particular product categories or sectors, including the scale of checks to be carried out and the adequacy of samples to be checked. Implementing powers should also be conferred as regards the modalities for the provision of information to market surveillance authorities by economic operators, as regards establishing uniform conditions for determining cases in which such information need not be provided. Economic operators should not, in any event, be called upon to supply information other than that which they are required to know by virtue of their role within the supply chain. Implementing powers should also be conferred as regards the modalities and procedures for the exchange of information through RAPEX and as regards the adoption of temporary or permanent marketing restrictions on products presenting a serious risk, where appropriate, specifying the necessary control measures to be taken by the Member States for their effective implementation where other Union legislation does not provide a specific procedure to address the risks in question. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of its implementing powers.
Amendment 160 #
2013/0048(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. Market surveillance authorities shall take duly into account the seriousness of the risk and the precautionary principle. They shall accordingly carry out sample checks on sufficient numbers of products enabling conformity and the real risk posed to be assessed.
Amendment 223 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Regardless whether the risk assessment shows that the product in fact presents a risk, market surveillance authorities shall require the economic operator responsible for placing the product on the market to rectify the formal non-compliance. If the economic operator fails to do so, market surveillance authorities shall ensure that the product is withdrawn or recalled.
Amendment 225 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
Without prejudice to Article 10(4), where market surveillance authorities find that a product does present a risk they shall without delay specify the necessary corrective action to be taken by the relevant economic operator responsible for placing the product on the market to address the risk within a specified period. Market surveillance authorities may recommend or agree with the relevant economic operator responsible for placing the product on the market the corrective action to be taken.
Amendment 228 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
The economic operatorparty responsible for placing on the market shall ensure that all necessary corrective action is taken in respect of all the products concerned that it has made available on the market throughout the Union.
Amendment 230 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 3 – introductory part
Article 9 – paragraph 3 – subparagraph 3 – introductory part
The economic operatorparty responsible for placing on the market shall provide all necessary information to market surveillance authorities pursuant to Article 8, and in particular the following information:
Amendment 232 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 4
Article 9 – paragraph 3 – subparagraph 4
Where possible, market surveillance authorities shall identify the manufacturer or importer of the product and take action in relation to that economic operator in addiit is not possible to identify the party responsible for placing the product on the market, market surveillance authorities shall take action in relation to the distributor.
Amendment 234 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Corrective action to be taken by economic operatorsthose responsible for placing on the market in relation to a product presenting a risk may include:
Amendment 40 #
2013/0000(BUD)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recalls the plenary decision for the Council to present a roadmap by June 2013 on the multiple seats of the EP and expects both the Committees concerned, the Secretary General and the Bureau to provide members with up-to-date figures and information on the financial and environmental impact of the multiple seat arrangement; suggests the EP's own impact assessment services examine this question also with respect to the impact of the EP's presence or partial presence on the respective communities and regions and present an assessment by June 2013 in order for these findings to be considered for the next MFF;
Amendment 13 #
2012/2308(INI)
Motion for a resolution
Citation 11
Citation 11
– having regard to Rules 5.3, 29, 41, 48 and 74a of its Rules of Procedure,
Amendment 14 #
2012/2308(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
– having regard to the parliament's vote on 23 October 2012, which saw a majority of 78% of Members call on EU governments to revise the issue of parliament's official seat; Strasbourg;
Amendment 48 #
2012/2308(INI)
Draft opinion
Paragraph C a (new)
Paragraph C a (new)
Ca. whereas MEPs have repeatedly requested the Parliament's Administration procure for a Eurobarometer survey which asks European citizens for their views on Parliament's split-site arrangement;
Amendment 83 #
2012/2308(INI)
Motion for a resolution
Recital Q a (new)
Recital Q a (new)
Qa. whereas Members have repeatedly requested up-to-date breakdowns of the financial, environmental and social costs of the parliament's working arrangements, because the Administration has yet to produce a consistent and coherent set of figures;
Amendment 115 #
2012/2308(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Acknowledges that any future decision by Parliament on its working arrangements must allow sufficient time for debate and reflection, as well as for an orderly transition; requests a study into the one- off cost of moving all parliament's activities to a single working location;
Amendment 122 #
2012/2308(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Asks the Administration to provide a comprehensive analysis of the potential savings for our budget if the parliament had only one place of work, in Brussels; asks that this analysis includes the budgetary aspects and the ancillary costs such as savings made as a result of loss of working time and efficiency;
Amendment 123 #
2012/2308(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Asks the Administration to procure that EMAS or suitable external consultants provide an analysis of the environmental aspects if the parliament held all its plenary sessions in Brussels;
Amendment 124 #
2012/2308(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Asks the Administration to procure that the parliament's Medical Service provide an analysis of the health effects of the monthly session in Strasbourg on Members, staff and assistants;
Amendment 131 #
2012/2308(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the relevant services of the European Parliament to make an assessment of the agreement between the authorities in Luxembourg and the European Parliament, on the number of staff to be present in Luxembourg, taking into account a revision of the Parliament's needs; this assessment shall include suggestions on how to renegotiate this agreement, without prejudice to the legal provisions;
Amendment 136 #
2012/2308(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on Parliament's Administration to procure for Eurobarometer or similar professional polling service to conduct a survey of EU citizens' views on the maintenance of Parliament's split site working arrangement by 1 January 2014, with specific reference to the financial, environmental and efficiency costs of this arrangement;
Amendment 16 #
2012/2144(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the directive seeks to regulate an extremely broad range of services and occupational and business categories, many of which differ greatly from one Member State to another;
Amendment 20 #
2012/2144(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas businesses, in particular SMEs, are still having to comply with an extensive range of administrative and bureaucratic requirements which are a heavy burden for them, particularly when taken together with the difficulties they face in gaining access to credit;
Amendment 42 #
2012/2144(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that the Services Directive does not force liberalisation but should paves the way for both business and consumers to grasp the full potential of our single market;
Amendment 56 #
2012/2144(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is concerned at the growing number of discrimination cases reported by consumers; urges Member States to properly enforce Article 20(2) of the Services Directive and calls on businesses to refrain from unjustified discriminatory practices on grounds of nationality or place of residence; points out, however, that any obligation to sell is against the fundamental principle of freedom of contract; welcomes therefore the Commission's ongoing work on a guidance report on non-discrimination, striking the right balance for the benefit of consumers and businesses;
Amendment 73 #
2012/2144(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the diversity of national standards is causing fragmentation and giving rise to problems of interpretation for many occupational and business groups; encourages the development of voluntary European standards for services to improve cross-border comparability;
Amendment 76 #
2012/2144(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the diversity of national standards is causing fragmentation; encourages the development of voluntary European standards for services to improve cross-border comparability and trade;
Amendment 78 #
2012/2144(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages broader use of the IMI- system between Member States to check cross-border compliance with requirements, and of European Consumer Centres as well as SOLVIT to help business and consumers with conflicting rules and non-compliance; underlines, to this effect, the importance of ensuring full access of associated partners to the SOLIVT-network at a technical level;
Amendment 84 #
2012/2144(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges Member States to upgrade to second-generation Points of Single Contact that are fully functional, multilingual and user-friendly e-government portals; stresses the importance of taking a service- provider approach covering the entire business cycle; believes that e-procedures will enhance simplification, reduce compliance costs and increase legal certainty; calls on Member States to foster the delegation of administrative tasks to officially accredited private bodies; calls on Member States to ensure full interoperability of their PSCs and make them known across borders; calls on the Commission to set out clear benchmarking criteria for the evaluation of PSCs and to regularly report to Parliament on progress made;
Amendment 105 #
2012/2144(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Highlights the fact that overriding reasons of public interest are too often invoked in a way that damages the internal market for services; regrets that the proportionality assessment is rarely made; asks the Commission to clarify the concept of proportionality and issue practical guidance toguidelines for the Member States on how to apply it;
Amendment 111 #
2012/2144(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Strongly supports the Commission’s zero tolerance policy; encourages the Commission to make use of all means at its disposal to ensure full enforcement of existing rules, in dialogue with Member States and the relevant occupational and business groups; calls for fast-track infringement procedures to be applied whenever breaches of the directive are identified;
Amendment 122 #
2012/2144(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges stakeholders, the business community and social partners to play their part in holding governments to account for revitalisthe Commission and the Member States, in view of the current economic crisis, to pay greater attention to the requests made by business communities, occupational groups and social partners, with a view to ensuring that those requests, wherever justifiable, are taken into account when implementing the Europearules on services sector and creating stable job, with the primary aim of maintaining current employment levels and opening up new employment opportunities;
Amendment 125 #
2012/2144(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Points to the importance of the Service Directive and to its close interaction with the Professional Qualifications Directive, and accordingly calls on the Commission and the Member States, in conjunction with European Committee for Standardisation (CEN), to ensure that uniform terminology that is clear and acceptable to all Member States and all of the many occupational categories is used, in order to help make sure that the rules are applied consistently throughout the EU;
Amendment 126 #
2012/2144(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Points out that, in regulating specific economic activities, the Services Directive emphasises the need to enable the provider not only to recoup investment costs but also to make a fair return on the capital invested;
Amendment 127 #
2012/2144(INI)
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24c. Calls on the Commission to take a pragmatic look at the issue of transitional provisions, taking proper account of the specific characteristics of individual occupations and national circumstances, with a view to supporting business and maintaining employment levels;
Amendment 129 #
2012/2092(BUD)
Motion for a resolution
Paragraphs 77 a, b, c, d, e, f, g (new)
Paragraphs 77 a, b, c, d, e, f, g (new)
Amendment 10 #
2012/2030(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas e-commerce is an important complement to offline trade, providing opportunities for small companies to grow and offering greater access to goods and services also in remote areas, the countryside and for people with disabilities and reduced mobility;
Amendment 100 #
2012/2030(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes greatly the new Commission communication entitled ‘European Strategy for a Better Internet for Children’, and encourages the Commission, Member States and the industry to promote the educational use of new technological developments and to cooperate closely and efficiently in order to deliver a safe internet for children;
Amendment 101 #
2012/2030(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Urges stakeholders to commit to responsible advertising towards minors, in particular by refraining from aggressive and misleading TV and online advertising and by respecting and fully implementing existing codes of conduct and similar initiatives;
Amendment 109 #
2012/2030(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes the proposed regulation on electronic identification, authentication and signature; underlines the importance of ensuring EU-wide interoperability, while at the same time ensuring the protection of personal data;
Amendment 118 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) 'maximum level' or 'maximum yield' means the maximum content or emission, including 0, of a substance in a tobacco product measured in grams;
Amendment 119 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Amendment 131 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 131 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘ingredient’ means an additive, tobacco (leaves and other natural, processed or unprocessed partsy substance used in the manufacture or preparation of a tobacco plants including expanded and reconstituted tobacco), as well as any substance present in a finished tobacco product roduct or of any constituent thereof (including paper, filter, inks, capsules and adhesives) and still present in the finished tobacco product;
Amendment 136 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) ‘maximum level’ or ‘maximum yield’ means the maximum content or emission, including 0, of a substance in a tobacco product measured in grams;
Amendment 142 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 149 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 36 c (new)
Article 2 – paragraph 1 – point 36 c (new)
(36c) ‘reduced-risk tobacco product' means any tobacco product which reduces the risk of diseases linked to the consumption of conventional tobacco products;
Amendment 154 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 162 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall notify the Commission of the maximum yields that they set for other emissions of cigarettes and for emissions of tobacco products other than cigarettes. Taking into account internationally agreed standards, where available, and based on scientific evidence and on the yields notified by Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adopt and adapt maximum yields for other emissions of cigarettes and for emissions of tobacco products other than cigarettes that increase in an appreciable manner the toxic or addictive effect of tobacco products beyond the threshold of toxicity and addictiveness stemming from the yields of tar, nicotine and carbon monoxide fixed in paragraph 1.
Amendment 185 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Member States shall not restrict or prohibit the use of additiveingredients which are essential for the manufacture of tobacco products, as long as the additiveuse of those ingredients does not result in a product with a characterising flavour.
Amendment 221 #
2012/0366(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. For cigarette packets the general warning and the information message shall be printed on the lateral sides of the unit packets. These warnings shall have a width of not less than 20 mm and a height of not less than 43 mm. For roll-your-own tobacco the information message shall be printed on the surface that becomes visible when opening the unit packet. Both the general warning and the information message shall cover 50% of the surface on which they are printed.
Amendment 225 #
2012/0366(COD)
Proposal for a directive
Article 8 – paragraph 4 – point b
Article 8 – paragraph 4 – point b
Amendment 231 #
2012/0366(COD)
Proposal for a directive
Article 8 – paragraph 4 – point b
Article 8 – paragraph 4 – point b
Amendment 241 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 750 % of the external area of both the front and back surface of the unit packet and any outside packaging;
Amendment 243 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) be positioned at the bottopm edge of the unit packet and any outside packaging, and in the same direction as any other information appearing on the packaging;
Amendment 256 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
Amendment 270 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
c) define the position, format, layout, and design, rotation and proportions of the health warnings;
Amendment 272 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
Amendment 274 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 3 – point d
Article 9 – paragraph 3 – point d
d) by way of derogation from Article 7(3), lay down the conditions under which health warnings may be broken during unit packet opening in a manner that ensures the graphical integrity and visibility of the text, photographs and cessation information.eleted
Amendment 295 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
b) suggests that a particular tobacco product is less harmful than others or has vitalising, energetic, healing, rejuvenating, natural, organic or otherwise positive health or social effects;
Amendment 296 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
Amendment 297 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
d) in the case of tobacco for oral use, resembles a food product.
Amendment 305 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Prohibited elements and features may include but are not limited to texts, symbols, names, trade marks, figurative or other signs, misleading colours, inserts or other additional material such as adhesive labels, stickers, onserts, scratch-offs and sleeves or relate to the shape of the tobacco product itself. Cigarettes with a diame. The provision to consumers of factual information on the product may not be prohibited. Trade marks registered prior to the dater of less than 7.5 mm shall be deemed to be misleadingn which this Directive enters into force may not be prohibited.
Amendment 311 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 321 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 330 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 336 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 413 #
2012/0366(COD)
Proposal for a directive
Article 17 – title
Article 17 – title
Notification of novel tobacco products and granting of pre-marketing authorisation for reduced-risk tobacco products
Amendment 418 #
2012/0366(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall require that manufacturers and importers of tobacco products inform their competent authorities of any new or updated information referred to in point (a) to (c) of paragraph 1. Member States shall be entitled to require tobacco manufacturers or importers to carry out additional tests or submit additional information. Member States shall make available to the Commission all information received pursuant to this Article. In connection with the placing on the market of reduced-risk tobacco products, Member States shall be entitled to introduce an authorisation system and charge a proportionate fee. Member States shall be entitled to lay down specific rules for reduced-risk products governing consumer information, packaging and labelling, ingredients and emissions and the methods used to measure tar, nicotine and carbon monoxide. Member States shall notify those rules to the Commission.
Amendment 419 #
2012/0366(COD)
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Novel and reduced-risk tobacco products placed on the market shall respect the requirements set out in this Directive. Reduced-risk tobacco products shall be covered by special provisions laid down by Member States under paragraph 2. The provisions applicable depend on whether the products fall under the definition of smokeless tobacco product in point (29) of Article 2 or tobacco for smoking in point (33) of Article 2.
Amendment 458 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) shall be conferred on the Commission for an indeterminate period of time period of [five] years from [Office of Publications: please insert the date of the entry into force of this Directive].
Amendment 462 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The delegation of powers referred to in Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 467 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5
5. A delegated act pursuant to Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) 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 of the Council.
Amendment 106 #
2012/0180(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that the collecting society regularly and diligently distributes and pays amounts due to all rightholders it represents and this on the basis of the information provided by users within 6 months after the use of the content. The collecting society shall carry out such distribution and payments no later than 12 months from the end of the financial year in which the rights revenue was collected, unless objective reasons related in particular to reporting by users, the identification of rights, rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting society from respecting this deadline. The collecting society shall carry out such distribution and payments accurately, ensuring equal treatment of all categories of rightholders.
Amendment 122 #
2012/0180(COD)
Proposal for a directive
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. In order to ensure a timely, fair and transparent distribution of rights, collecting societies shall require to users to receive the analytical accounts of the works used, according to the standards reports provided by collecting societies or in use in the sector, no later than 6 months after the use of the music work.
Amendment 175 #
2012/0180(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that the collecting society regularly and diligently distributes and pays amounts due to all rightholders it represents and this on the basis of the information provided by users within 6 months after the use of the content. The collecting society shall carry out such distribution and payments no later than 12 months from the end of the financial year in which the rights revenue was collected, unless objective reasons related in particular to reporting by users, the identification of rights, rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting society from respecting this deadline. The collecting society shall carry out such distribution and payments accurately, ensuring equal treatment of all categories of rightholders.
Amendment 193 #
2012/0180(COD)
Proposal for a directive
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. In order to ensure a timely, fair and transparent distribution of rights, collecting societies shall require to users to receive the analytical accounts of the works used, according to the standards reports provided by collecting societies or in use in the sector, no later than 6 months after the use of the music work.
Amendment 66 #
2012/0082(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. A Member State may, if it so chooses, provide that registration in the population register shall be the sole residence criterion for natural persons. In the case of a branch or any other establishment of a legal person, however, registration shall be valid only for movement within that Member State. A Member State may apply the same restriction in order to allow non- resident Union citizens to register vehicles which they wish to have available for their use on its territory.
Amendment 67 #
2012/0082(COD)
Proposal for a regulation
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
2b. When a vehicle is moving across borders, the driver must be in a position to furnish documentary evidence that the vehicle is being lawfully kept and lawfully used. Member States may provide for and regulate checks on vehicles registered in other Member States moving on their territory in order to acquire information. Where they think fit, they may withdraw a registration certificate for a period not exceeding 30 days, but shall authorise movement of the vehicle on a temporary basis where the driver is a natural person with a registered residence or holds a driving licence issued by a Member State or where the documents in the driver’s possession do not constitute evidence of foreign residence or indicate the reason for which the vehicle is being kept. If the use or registration of the vehicle is found to have been improper, the certificate shall be withdrawn permanently. The Member State of registration shall be informed of the temporary and permanent withdrawal of the certificate.
Amendment 78 #
2012/0082(COD)
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
Amendment 79 #
2012/0082(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Choice of vehicle number plates 1. Member States shall offer the option of re-registering a vehicle with a number plate either in national or in Union colours, personalised where desired. 2. Where a number plate is offered in Union colours, it shall consist of yellow codes against a blue background, in accordance with Council Regulation (EC) No 2411/98. 3. The option referred to in paragraph 1 shall be without prejudice to the right of Member States to lay down their own rules for codes.
Amendment 89 #
2012/0082(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Any person that has purchased a vehicle in another Member State and where that vehicle does not have a registration certificate may request the vehicle registration authority of that Member State to issue a temporary registration certificate of a vehicle inwith a view tof its transfer to another Member State of residence in order to be registered there. The temporary registration certificate shall be valid for a period of 30 days.
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 119 #
2012/0011(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The legitimate interests of a controllerdata subject 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. To ensure transparency, the controller or the third parties to whom the data are sent 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 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 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 146 #
2012/0011(COD)
Proposal for a regulation
Recital 139
Recital 139
(139) In view of the fact that, as underlined by the Court of Justice of the European Union, the right to the protection of personal data is not an absolute right, but must be considered in relation to its function in society and be balanced with other frights enshrined in the Charter of Fundamental rRights of the European Union, in accordance with the principle of proportionality, this Regulation respects all fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union as enshrined in the Treaties, notably the right to respect for private and family life, home and communications, the right to the protection of personal data, the freedom of thought, conscience and religion, the freedom of expression and information, the freedom to conduct a business, the right to an effective remedy and to a fair trial as well as cultural, religious and linguistic diversity.
Amendment 148 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
d) by a natural person without any gainful interest in the course of its own exclusively personal or household activity and on condition that no personal data are made accessible to an indefinite number of people;
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 193 #
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 or by a third party or third parties to whom the data are communicated, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. This shall not apply to processing carried out by public authorities in the performance of their tasks.
Amendment 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 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 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 320 #
2012/0011(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. In particular, any legislative measure referred to in paragraph 1 shall contain specific provisions at least as to the aim of the processing, the objectives to be pursued by the processing and the determination of the controller.
Amendment 321 #
2012/0011(COD)
Proposal for a regulation
Article 22 – title
Article 22 – title
Amendment 420 #
2012/0011(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Personal data relating to health should include in particular all personal data pertaining to the health status of a data subject including genetic information; information about the registration of the individual for the provision of health services; information about payments or eligibility for healthcare with respect to the individual; a number, symbol or particular assigned to an individual to uniquely identify the individual for health purposes; any information about the individual collected in the course of the provision of health services to the individual; informationpersonal data derived from the testing or examination of a body part or, bodily substance, including or biological samples; identification of a person as provider of healthcare to the individual; or any information on e.g. a disease, disability, disease risk, medical history, clinical treatment, or the actual physiological or biomedical state of the data subject independent of its source, such as e.g. from a physician or other health professional, a hospital, a medical device, or an in vitro diagnostic test.
Amendment 423 #
2012/0011(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) TWhere a controller or a processor has multiple establishments in the Union, including but not limited to cases where the controller or the processor is a group of undertakings, the main establishment of a controller in the Union for the purposes of this Regulation 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 not determining criteria for a main establishment. The main establishment of the processor should be the place of its central administrationA group of undertakings may nominate a single main establishment in the Union.
Amendment 443 #
2012/0011(COD)
Proposal for a regulation
Recital 34
Recital 34
Amendment 455 #
2012/0011(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The legitimate interests of a controller or the third party to which the data have been transferred 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. 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 456 #
2012/0011(COD)
Proposal for a regulation
Article 86 – paragraph 5 a (new)
Article 86 – paragraph 5 a (new)
5a. When adopting the acts referred to in this article, the Commission shall promote technological neutrality.
Amendment 467 #
2012/0011(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The processing of personal data for other purposes should be only allowed where the processing is compatible with those purposes for which the data have been initially collected, in particular where the processing is necessary for historical, statistical or scientific research purposes. Where the other purpose is not compatible with the initial one for which the data are collected, the controller should obtain the consent of the data subject for this other purpose or should base the processing on another legitimate ground for lawful processing, in particular where provided by Union law or the law of the Member State to which the controller is subject. In any case, the application of the principles set out by this Regulation and in particular the information of the data subject on those other purposes should be ensured.
Amendment 497 #
2012/0011(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Any person should have the right to have personal data concerning them rectified and a ‘the right to be forgotten’have such personal data erased where the retention of such data is not in compliance with this Regulation. In particular, data subjects should have the right that their personal data are erased and no longer processed, where the data are no longer necessary in relation to the purposes for which the data are collected or otherwise processed, where data subjects have withdrawn their consent for processing or where they object to the processing of personal data concerning them or where the processing of their personal data otherwise does not comply with this Regulation. This right is particularly relevant, when the data subject has given their consent as a child, when not being fully aware of the risks involved by the processing, and later wants to remove such personal data especially on the Internet. However, the further retention of the data should be allowed where it is necessary for historical, statistical and scientific research purposes, for rheasons of public interlth purposest in the area of public healthaccordance with Article 81, for exercising the right of freedom of expression, when required by law or where there is a reason to restrict the processing of the data instead of erasing them. Also, the right to erasure should not apply when the retention of personal data is necessary for the performance of a contract with the data subject, or when there is a regulatory requirement to retain this data, or for the prevention of financial crime.
Amendment 524 #
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.
Amendment 532 #
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 document each processing operation under its responsibility. 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 610 #
2012/0011(COD)
Proposal for a regulation
Recital 112
Recital 112
Amendment 615 #
2012/0011(COD)
Proposal for a regulation
Recital 114
Recital 114
Amendment 630 #
2012/0011(COD)
Proposal for a regulation
Recital 121
Recital 121
(121) The processing of personal data solely for journalistic purposes, or for the purposes of artistic or literary expression should qualify for exemption from the requirements of certain provisions of this Regulation in order to reconcile the right to the protection of personal data with the right to freedom of expression, and notably the right to receive and impart information, as guaranteed in particular by Article 11 of the Charter of Fundamental Rights of the European Union. This should apply in particular to processing of personal data in the audiovisual field and in news archives and press libraries. Therefore, Member States should adopt legislative measures, which should lay down exemptions and derogations which are necessary for the purpose of balancing these fundamental rights. Such exemptions and derogations should be adopted by the Member States on general principles, on the rights of the data subject, on controller and processor, on the transfer of data to third countries or international organisations, on the independent supervisory authorities and on co-operation and consistency. This should not, however, lead Member States to lay down exemptions from the other provisions of this Regulation. In order to take account of the importance of the right to freedom of expression in every democratic society, it is necessary to interpret notions relating to that freedom, such as journalism, broadly. Therefore, Member States should classify activities as ‘journalistic’ for the purpose of the exemptions and derogations to be laid down under this Regulation if the object of these activities is the disclosure to the public of information, opinions or ideas, irrespective of the medium which is used to transmit them. They should not be limited to media undertakings and may be undertaken for profit-making or for non- profit making purposes.
Amendment 717 #
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 working together with the controller, in particular by reference to an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person; and who is not acting in his/her professional capacity;
Amendment 748 #
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 786 #
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 meansthe location as determined by the data controller or data processor on the basis of the following transparent and objective criteria: the location of the pgrocessing of personal data are taken; 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 ofup’s European headquarters, or, the location of the company within the group with delegated data protection responsibilities, or, the location of the company which is best placed (in terms of management function, administrative capability etc) to address and establishment of a controller in the Union take place. As regards the processor, ‘main establishment’ means the place of its central administration in the Unionnforce the rules as set out in this Regulation, or, the place where the main decisions as to the purposes of processing are taken for the regional group;
Amendment 878 #
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, or on behalf of a controller or a processor, or by a third party or parties in whose interest the data is processed, including for the security of processing, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. This shall not apply tosuch as in the case of processing data pertaining to a child. The interest or fundamental rights and freedoms of the data subject shall not override processing carried out by public authorities in the performance of their tasks.
Amendment 890 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(fa) the data are collected from public registers lists or documents accessible by everyone;
Amendment 945 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Where the purpose of further processing is not compatible with the one for which the personal data have been collected, the processing must have a legal basis at least in one of the grounds referred to in points (a) to (e) of paragraph 1. This shall in particular apply to any change of terms and general conditions of a contract.
Amendment 964 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 988 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 1048 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a a (new)
Article 9 – paragraph 2 – point a a (new)
(aa) processing is necessary for the performance or execution of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
Amendment 1062 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point f
Article 9 – paragraph 2 – point f
(f) processing is necessary for the establishment, exercise or defence of legal claims or the legally justified fulfilment of claims of third parties affected; or
Amendment 1084 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point j a (new)
Article 9 – paragraph 2 – point j a (new)
(ja) processing of data concerning health is necessary for private social protection, especially by providing income security or tools to manage risks that are in the interests of the data subject and his or her dependants and assets, or by enhancing inter-generational equity by means of distribution.
Amendment 1176 #
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:. The following paragraphs do not apply to small enterprises in the course of their own activity and for data which is strictly and exclusively for their internal use.
Amendment 1180 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) the identity and the contact details of the controller and, if any, of the controller's representative and of the data protection officer;
Amendment 1189 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) the purposes of the processing for which the personal data are intended, including the contract terms and general conditions where the processing is based on point (b) of Article 6(1) and the legitimate interests pursued by the controller where the processing is based on point (f) of Article 6(1);
Amendment 1201 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) the existence of the right to request from the controller access to and rectification or erasure of the personal data concerning the data subject orand to object to the processing of such personal data;
Amendment 1203 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
Amendment 1215 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point h
Article 14 – paragraph 1 – point h
Amendment 1222 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where the personal data are collected from the data subject, the controller shall inform the data subject, in addition to the information referred to in paragraph 1, whether the provision of personal data is obligatory or voluntary, as well as the possible consequences of failure to provide such data.
Amendment 1238 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point b
Article 14 – paragraph 4 – point b
(b) where the personal data are not collected from the data subject, at the time of the recording or within a reasonable period after the collection, having regard to the specific circumstances in which the data are collected or otherwise processed, or, if a disclosure to another recipient is envisaged, and at the latest when the data are first disclosed; or, if the data shall be used for communication with the person concerned, at the latest at the time of the first communication to that person.
Amendment 1248 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point b
Article 14 – paragraph 5 – point b
(b) the data are not collected from the data subject or the data processes do not allow the verification of identity and the provision of such information proves impossible or would involve a disproportionate effort such as by generating excessive administrative burden, especially when the processing is carried out by a SME; or
Amendment 1250 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point c
Article 14 – paragraph 5 – point c
(c) the data are not collected from the data subject and recording or disclosure is expressly laid down by law; or
Amendment 1253 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point d
Article 14 – paragraph 5 – point d
(d) the data are not collected from the data subject and the provision of such information will impair the rights and freedoms of others, as defined in Union law or Member State law in accordance with Article 21.; or
Amendment 1266 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point d b (new)
Article 14 – paragraph 5 – point d b (new)
(db) the data must be kept secret in accordance with legislation or by virtue of their nature, particularly because of a legitimate overriding interest of a third party.
Amendment 1268 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point d c (new)
Article 14 – paragraph 5 – point d c (new)
(dc) the data are processed in the exercise of his profession by, or are entrusted or become known to, a person who is subject to an obligation of professional secrecy regulated by the State or to a statutory obligation of secrecy.
Amendment 1279 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
Amendment 1296 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. TOnly the data subject shall have the right to obtain from the controller at any time, on request, confirmation as to whether or not personal data relating to the data subject are being processed unless this request is manifestly excessive according to 12 (4). Where such personal data are being processed, the controller shall - so far as the data subject has not received - provide the following information:
Amendment 1311 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point d
Article 15 – paragraph 1 – point d
(d) if known the period for which the personal data will be stored;
Amendment 1358 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. There shall be no right to information where: (a) data are involved which a person bound by professional secrecy is required to protect; (b) data must be kept secret in accordance with legislation or by virtue of their nature, particularly because of the overriding interest of a third party; (c) the public entity responsible has ascertained in relation to the entity responsible that disclosure of the data would endanger public safety or order; (d) data comprise trade secrets.
Amendment 1376 #
2012/0011(COD)
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Paragraph 1 shall not apply to pseudonymous data.
Amendment 1750 #
2012/0011(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
Where a controller determines the purposes, conditions and means of the processing of personal data jointly with others, the joint controllers shall determine their respective responsibilities for compliance with the obligations under this Regulation, in particular as regards the procedures and mechanisms for exercising the rights of the data subject, by means of an arrangement between them.
Amendment 1778 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. The carrying out of processing by a processor shall be governed by a contract or other legal act binding the processor to the controller and stipulating in particular that the processor shall. The controller and the processor shall be free to determine respective roles and responsibilities with respect to the requirements of this Regulation and shall provide for the following:
Amendment 1784 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point d
Article 26 – paragraph 2 – point d
Amendment 1788 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point e
Article 26 – paragraph 2 – point e
Amendment 1792 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point f
Article 26 – paragraph 2 – point f
Amendment 1796 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point g
Article 26 – paragraph 2 – point g
Amendment 1804 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point h
Article 26 – paragraph 2 – point h
(h) make available to the controller and the supervisory authority on request all information necessary to control compliance with the obligations laid down in this Article.
Amendment 1821 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 2573 #
2012/0011(COD)
Proposal for a regulation
Article 49 a (new)
Article 49 a (new)
Amendment 2596 #
2012/0011(COD)
Proposal for a regulation
Article 51 – paragraph 3
Article 51 – paragraph 3
3. The supervisory authority shall not be competent to supervise processing operations of courts acting in their judicial capacity and not competent to supervise processing operations of controllers bound by obligations of professional secrecy.
Amendment 2779 #
2012/0011(COD)
Proposal for a regulation
Article 73 – paragraph 2
Article 73 – paragraph 2
Amendment 2789 #
2012/0011(COD)
Proposal for a regulation
Article 73 – paragraph 3
Article 73 – paragraph 3
Amendment 2813 #
2012/0011(COD)
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
Amendment 2825 #
2012/0011(COD)
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. Any person who has suffered damage as a result of an unlawful processing operation or of an action incompatible with this Regulation shall have the right to receive compensation from the controller or the processor for the damage suffered.
Amendment 2830 #
2012/0011(COD)
Proposal for a regulation
Article 77 – paragraph 2
Article 77 – paragraph 2
2. Where more than one controller or processor is involved in the processing, each controller or processor shall be jointly and severally liable for the entire amount of the damage, notwithstanding the contractual agreement they might have concluded according to Article 24.
Amendment 2837 #
2012/0011(COD)
Proposal for a regulation
Article 77 – paragraph 3
Article 77 – paragraph 3
3. The controller or the processor may be exempted from this liability, in whole or in part, if the controller or the processor proves that they are not responsible for the event giving rise to the damage.
Amendment 2959 #
2012/0011(COD)
Proposal for a regulation
Article 80 – paragraph 1
Article 80 – paragraph 1
1. Member States shall provide for exemptions or derogations from the provisions on the Chapter II (general principles in), Chapter II, I (the rights of the data subject in), Chapter III, onV (the controller and processor in), Chapter IV, on the V (transfer of personal data to third countries and international organisations in), Chapter V, the independent I (supervisory authorities in), Chapter VI and on I (co-operation and consistency in) and Articles 73, 74, 76 and 79 of Chapters VII forI (legal remedies, liability and penalties) and X shall not apply to the processing of personal data carried out solely for journalistic purposes or the purpose of artistic or literary expression in order to reconcile the right to the protection of personal data with the rules governing freedom of expression.
Amendment 3098 #
2012/0011(COD)
Proposal for a regulation
Article 84 – paragraph 1
Article 84 – paragraph 1
1. Within the limits of this Regulation, Member States mayshall adopt specific rules to set out the investigative powers by the supervisory authorities laid down in Article 53(2) in relation to controllers or processors that are subjects under national law or rules established by national competent bodies to an obligation of professional secrecy or other equivalent obligations of secrecy, where this is necessary and proportionate to reconcile the right of the protection of personal data with the obligation of secrecy. These rules shall only apply with regard to personal data which the controller or processor has received from or has obtained in an activity covered by this obligation of secrecy.
Amendment 1 #
2011/2175(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that food waste represents both an environmental and ethical problem and an economic cost and, which poses an internal market challenges for both business and consumers;
Amendment 13 #
2011/2175(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Asks the Commission to clarify foodMember States to clarify the meaning of the date labellings (‘Best before’, ‘Expiry date’, ‘Use by’) in order to reduce consumers' uncertainty regarding food edibility, and to disseminate accurate information to the public, notably the understanding that minimum durability date "best before" is related to quality whilst "use by" is related to safety;
Amendment 21 #
2011/2175(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Notes that the recently adopted Regulation on Food Information to Consumers clarifies that foods with a "use by" date should be considered unsafe after the expiry of the date;
Amendment 22 #
2011/2175(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. EncouragesCalls on the Commission, Member States and stakeholders to encourage information and education initiatives on food waste prevention that reinforce signals about the value of food and consumers' own judgment on edibility – visual, olfactory and taste –, starting with teaching schoolchildrenof looking, smelling and tasting to judge edibility, starting with teaching schoolchildren; encourages also concrete food waste prevention measures in school canteens, in canteens of public administrations and of public and private undertakings;
Amendment 25 #
2011/2175(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the stakeholders to continue to take shared responsibility; encourages them to enhance coordination along the food supply chain and toto further improve their logistics, stock management and packaging; believes that discount offers sasks also the stakehoulders to a greater extent target excess stock and food near expiryrecognise and explain the nutritional value of agricultural products with imperfect sizes/shapes in order to reduce the discarded products;
Amendment 32 #
2011/2175(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Urges retailers to use their daily contact with consumers to communicate ways of storing and using food more efficiently, e.g. with and to encourage consumers to plan their food shopping (e.g. practical tips and awareness-raising campaigns); believes that discount offers should further target excess stock and food close to expiry date, such as offering 50% discount 24 hours before the expiry date;
Amendment 37 #
2011/2175(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission in cooperation with Member States to issue recommendations regarding temperatures for refrigerators in retail outlets, households and public service, based on evidence that high temperature causes unnecessary wasteion based on evidence that high temperature causes unnecessary waste; underlines that harmonised levels of temperature would improve product conservation and reduce food waste for products transported and sold cross- border;
Amendment 38 #
2011/2175(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Urges the Commission to publish a user- friendly manual on the use of discarded and expired products for foodfood close to expiry dates while ensuring food safety in donation and animal feed, building on best practices in the food supply chain;
Amendment 44 #
2011/2175(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission, Member States and stakeholders to share and make availablexchange best practices, combining knowledge from relevant forums and platforms e.g. throughsuch as the EU Retail Forum on Sustainability, the EU Food Sustainable Consumption and Production Roundtable, the High Level Forum for a Better Functioning Food Supply Chain, the Informal Member States Network "Friends of Sustainable Food", the Consumer Goods Forum, etc.
Amendment 2 #
2011/2149(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to its resolution of 5 July 2011 on a more efficient and fairer retail market;
Amendment 16 #
2011/2149(INI)
Motion for a resolution
Recital D
Recital D
Amendment 21 #
2011/2149(INI)
Motion for a resolution
Recital F
Recital F
Amendment 51 #
2011/2149(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
25 3. Highlights the numerous challenges facing the Consumer Agenda: making sure private consumption becomes more sustainable, reducing levels of inequality betweenimportance of removing hinders to full access to the common market for consumers, regardless of their mobility and where they live in the EU, and ensuring true freedom of choice, without creating additional burdens for businesses; stresses, in particular, among the numerous challenges facing the Consumer Agenda, the importance of a more sustainable consumersption, reducing consumers' exposure to hazardous chemicals and products, and protecting children from direct misleading advertising;
Amendment 80 #
2011/2149(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises the need to provide consumers with more transparent and comparable information, for example through the use of unit price indication rules and accurate and transparent internet price comparison websites;
Amendment 85 #
2011/2149(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 91 #
2011/2149(INI)
Amendment 114 #
2011/2149(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Commission to include the protection of children among the main priorities of the Consumer Agenda and propose a ban on TV advertising and direct advertising aim, with particular focus on aggressive or misleading TV advertising and online games creating dependency, targeted at children under the age of 12;
Amendment 124 #
2011/2149(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses also the need to increase the standards of safety for toys and urges Member States to quickly transpose and fully implement the new Toy Safety Directive;
Amendment 132 #
2011/2149(INI)
Motion for a resolution
Paragraph 16 – point 1 (new)
Paragraph 16 – point 1 (new)
(1) Considers it important for the Commission to ensure correct application of the regulation now being published on the provision of food information to consumers;
Amendment 135 #
2011/2149(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 159 #
2011/2149(INI)
Motion for a resolution
Subheading IV
Subheading IV
IV. Towards a more social and sustainableustainable consumption in Europe
Amendment 162 #
2011/2149(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 11 #
2011/2107(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls for the Common Strategic Framework to proceed to an administrative simplification through the development of a more standardised set of rules covering all participants in EU research and innovation programmes; agrees with the Commission that European standards are an important step towards bringing research results to the market and for the validation of technologies and that they can play this key role only if they keep pace with the development of technologies and ever faster product development cycles;
Amendment 18 #
2011/2107(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for unleashing the public sector’s purchasing power to spur innovation through public procurement including pre-commercial procurement that can enable public authorities to share the risks and benefits with suppliers, without involving state aid;
Amendment 21 #
2011/2107(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Underlines the need for the intellectual property rights to guarantee a balance between exploitation and technology transfer and access to and rapid dissemination of scientific results;
Amendment 29 #
2011/2107(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for new methods of financing to be tested, such as vouchers for EU innovation, which would allow businesses to spend those resources directly at accredited research centres; such vouchers should not be subject to cost reporting because their use would be certified by the centres where the vouchers are spent. The accreditation centres could be set up on a national or regional basis and validated by a European body such as, for example, the JRC;
Amendment 105 #
2011/2084(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is of the opinion that the gambling sector has been very much shaped by the Member States' different traditions and cultures and that gambling markets are very differently regulated, giving the subsidiarity principle a particularly important role in this sector; notes, nonetheless, that the Member States are obliged to abide by internal market rules, as is illustrated by the fact that infringement proceedings are in progress against seven Member States;
Amendment 160 #
2011/2084(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is of the opinion that the principle of automatic mutual recognition of licences on thenational gambling marketlicences does not apply, but that nevertheless, in keeping with the internal market principles, simplified licence application procedures sprocedures for providers who already hould be set up in some Member Statesa licence in one Member States to apply for a licence in another Member State should be set up;
Amendment 232 #
2011/2084(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that illegal betting on, in particular, minor-sports competitions may represent a risk to the integrity of sport; is therefore of the view that common definitions of sport fraud and betting fraud should be drawn up and that such fraud should be penalised throughout Europe;
Amendment 242 #
2011/2084(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. expresses its concerns over the links between criminal organisations and the development of match-fixing in relation to online betting, the resulting profits of which feed other criminal activities;
Amendment 249 #
2011/2084(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Invites Member States and the European Commission to facilitate police cooperation involving all Member States' competent authorities in relation, in particular, to the prevention, detection and investigations of match-fixing in connection to sport battings;
Amendment 251 #
2011/2084(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Encourages Member States and the European Commission to facilitate judicial cooperation between national investigating and prosecuting authorities in relation to match-fixing; in this respect, invites Member States to consider dedicated prosecution services with primary responsibility for investigating match-fixing cases;
Amendment 47 #
2011/2056(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the fact that the Commission communication recognises that other critical raw materials fall under this strategy, such as natural rubber; suggests that, when the list of critical raw materials is next reviewed, due consideration should be given to the challenge posed by developing sustainable supplies of natural rubber; proposes that one of the specific targets of raw materials diplomacy should be developing sources of natural rubber outside the territory of South-East Asia;
Amendment 16 #
2011/2024(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that the recognition process under the general system and the automatic system based on professional experience is overly cumbersome and time-consuming for both competent authorities and those who pursue certain professionals;
Amendment 20 #
2011/2024(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on Member States, therefore, preferably to use modern communication technologies, including databases and online registration procedures, in order to ensure that the deadlines set under the general recognition system are met and that significant improvements are made in terms of access to information and transparency of decision-making for professionals;
Amendment 33 #
2011/2024(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for further clarification of the concept of temporary and occasional provision of services; argues that competent authorities face difficulties applying the regime and, therefore, calls on the Commission to evaluate the current provisions set out in Article 7 of the directive, specifically those concerning public health and safety, and to evaluate the option of supplementing the above- mentioned provisions of Article 7(1) with a requirement to supply all information on the service provision that is relevant and necessary in order to assess its temporary and occasional nature, providing evidence that the service provider has no criminal convictions, and to present its conclusions to Parliament;
Amendment 39 #
2011/2024(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission, moreover, to evaluate the option of supplementing the provisions laid down in the second paragraph of Article 5(2) of the directive with the establishment for all professions of a benchmark proportionate to the number of times a service is provided (or number of days’ work) by local professionals in the host state;
Amendment 43 #
2011/2024(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that compensation measures, which allow competent authorities to impose an aptitude test or an adaptation period of up to three years and play an invaluable role in ensuring consumer and patient safety, can be applied in a disproportionate manner; calls for enhanced transparency of decision-making for professionals and an evaluation of the Code of Conduct to assist competent authoritiesthe protocols concerning recognition procedures for professionals once the specific nature of the individual professions has been evaluated;
Amendment 67 #
2011/2024(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that Member States should regulate professions in a more proportionate manner, with a view to reducing the total number of regulated professions in the EU, setting aside the healthcare sector and the tourism professions, owing to their specific, distinctive and atypical features;
Amendment 71 #
2011/2024(INI)
Motion for a resolution
Paragraph 8 bis (new)
Paragraph 8 bis (new)
8a. Underlines, however, the importance of ensuring that the intellectual professions continue to be regulated, also in order to increase consumer protection;
Amendment 89 #
2011/2024(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Argues that the protection of consumer and patient safety is a vital objective in the context of the revision of the directive; draws attention to the special status of healthcare professionals and calls on the Commission to take into account also all other professions involving citizens and recipients of services;
Amendment 131 #
2011/2024(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that the concept of a voluntary Professional Card, which must be linked to an electronic database such as the IMI, could be a useful tool to aid mobility for some professions, excluding those (professions) for which the application of compensatory measures is required; stresses that any card introduced must meet specific conditions and that the necessary safeguards must be established;
Amendment 139 #
2011/2024(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission, prior to the introduction of any card solely at the request of the representatives of the respective professions, to provide evidence, through a thorough impact assessment, of the possible added value for the recognition process, beyond that provided by an enhanced IMI, of a voluntary card for certain professionals and competent authorities; argues that the impact assessment must address the concerns raised in the consultation and by numerous other stakeholders, assess the merits of an ‘e-card’, provide a cost-benefit analysis, specify its potential features and explain exactly how data protection and consumer safety would be ensured;
Amendment 142 #
2011/2024(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission, prior to the introduction of any card, to provide evidence, through a thorough impact assessment, of the possible added value for the recognition process, beyond that provided by an enhanced IMI, of a voluntary card for certain professionals and competent authorities; argues that the impact assessment must address the concerns raised in the consultation and by numerous other stakeholders, assess the merits of an ‘e-card’, provide a cost-benefit analysis, specify its potential features and explain exactly how data protection and completeness and consumer safety would be ensured, without prejudice to respect for the country of establishment principle;
Amendment 149 #
2011/0439(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) It is appropriate to exclude procurement relating to postal services and other services than postal services since that sector has systematically been shown to be subject to such competitive pressure as to render superfluous the application of European procurement rules.
Amendment 150 #
2011/0439(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Even if they do not necessarily lead to corrupt conduct, actual, potential or perceived conflicts of interest have a high potential to improperly influence public procurement decisions with the effect of distorting competition and jeopardising equal treatment of tenderers. Effective mechanisms should therefore be set up to prevent, identify and remedy conflicts of interest. Given the differences in the decision-making processes of respectively contracting authorities and undertakings, it is appropriate to limit such provisions to procurement carried out by the former. Effective mechanisms should therefore be set up to prevent, identify and remedy conflicts of interest. Given the differences in the decision-making processes of respectively contracting authorities and undertakings, it is appropriate to limit such provisions to procurement carried out by the former.
Amendment 168 #
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, it is directly exposed, in whole or in part, including as regards individual sectors or segments, 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 170 #
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, or part of the sector, concerned. 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 250 #
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, aims to make a profit, and bears the losses resulting from the exercise of its activitynd involves itself in economic activity, providing goods and services on the market, does not have the purpose of meeting needs in the general interest, not having an industrial or commercial character;
Amendment 254 #
2011/0439(COD)
Proposal for a directive
Article 2 – point 4 – point c
Article 2 – point 4 – point c
(c) it is financed, for the most part, by the State, regional or local authorities, or other bodies governed by public law; or subject to management supervision by those bodies; or has an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional or local authorities, or by other bodies governed by public law; For the purposes of this Directive, the definition of a ‘public body’ does not include companies listed on the stock market or companies which they control directly or indirectly or with which they are directly or indirectly linked;
Amendment 258 #
2011/0439(COD)
Proposal for a directive
Article 2 – point 10
Article 2 – point 10
(10) "supply contracts" means contracts having as their object the purchase, lease, rental or hire-purchase, with or without an option to buy, of products, including via agencies. A supply contract may include, as an incidental matter, siting and installation operations;
Amendment 273 #
2011/0439(COD)
Proposal for a directive
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) which are contracting authorities or public undertakings, except in the cases referred to in paragraph 4, and which pursue one of the activities referred to in Articles 5 to 11;
Amendment 274 #
2011/0439(COD)
Proposal for a directive
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. This Directive shall not apply to public undertakings carrying on the activities referred to in articles 5 to 11 by virtue of rights granted in accordance with paragraph 2 of this article.
Amendment 286 #
2011/0439(COD)
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a Postal services This Directive shall not apply to public procurement whose main aim is to enable contracting authorities to ensure the provision of postal services and of other services than postal services. For the purposes of this article, the following definitions shall apply: (a) "postal services": means services consisting of the clearance, sorting, routing and delivery of postal items. This shall include both services falling within as well as services falling outside the scope of the universal service set up in conformity with Directive 97/67/EC; (b) "other services than postal services": means services provided in the following areas: (i) mail service management services (services both preceding and subsequent to despatch, including "mailroom management services"); (ii) added-value services linked to and provided entirely by electronic means (including the secure transmission of coded documents by electronic means, address management services and transmission of registered electronic mail); (iii) services concerning postal items not referred to in Article 10(2)(a) of this Directive such as direct mail bearing no address; (iv) financial services, as defined in the CPV under the reference numbers from 66100000-1 to 66720000-3 and in Article 19(c) and including in particular postal money orders and postal giro transfers; (v) philatelic services; (vi) logistics services (services combining physical delivery and/or warehousing with other non-postal functions).
Amendment 288 #
2011/0439(COD)
Proposal for a directive
Article 10
Article 10
Amendment 312 #
2011/0439(COD)
Proposal for a directive
Article 19 – paragraph 1 – point b bis (new)
Article 19 – paragraph 1 – point b bis (new)
(ba) legal services;
Amendment 432 #
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 or relevant sectors or segments in which it is performed, 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 434 #
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 requires that the relevant product market and the relevant geographic market be defined. The relevant product 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, the existence of alternative goods or services considered to be substitutable on the supply side or demand side, the prices and the actual or potential presence of more than one supplier of the goods or provider of the services in question. The relevant geographic market, on the basis of which exposure to competition is assessed, shall consist of the area in which the undertakings concerned are involved in the supply and demand of products or services, in which the conditions of competition are sufficiently homogeneous and which can be distinguished from neighbouring areas because, in particular, conditions of competition are appreciably different in those areas.. This assessment shall take account in particular of the nature and characteristics of the products or services concerned, of the existence of entry barriers or of consumer preferences, of appreciable differences of the undertakings' market shares between the area concerned and neighbouring areas or of substantial price differences.
Amendment 437 #
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 directly exposed, in whole or in part, including as regards individual sectors or segments, 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 design contests for the pursuit of that activity, or the individual sector or segment thereof.
Amendment 439 #
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, or the individual sector or segment thereof. 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.
Amendment 441 #
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 referred to in Articles 5 to 11,or the individual sector or segment thereof, is directly exposed to competition on the basis of the criteria set out in Article 27. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 100(2).
Amendment 443 #
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 the individual sector or segment thereof, to be carried out and design contests that are organised for the pursuit of such an activity, or the individual sector or segment, shall cease to be subject to this Directive in any of the following cases:
Amendment 444 #
2011/0439(COD)
Proposal for a directive
Article 28 – paragraph 4
Article 28 – paragraph 4
4. Where an activity, or an individual sector or segment thereof, in a given Member State is already the subject of a procedure under paragraphs 1, 2 and 3, further requests concerning the same activity, or individual sector or segment thereof, in the same Member State before the expiry of the period opened in respect of the first request shall not be considered as new procedures and shall be treated in the context of the first request.
Amendment 468 #
2011/0439(COD)
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 1
Article 36 – paragraph 1 – subparagraph 1
Member States shall, in respect of contracting authorities within the meaning of point 1 of Article 2, provide for rules to effectively prevent, identify and immediately remedy conflicts of interests arising in the conduct of procurement procedures that are subject to this Directive, including the design and preparation of the procedure, the drawing- up of the procurement documents, the selection of candidates and tenderers and the award of the contract, so as to avoid any distortion of competition and ensure equal treatment of all tenderers.
Amendment 474 #
2011/0439(COD)
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 3
Article 36 – paragraph 1 – subparagraph 3
For the purposes of this Article, "private interests" means any family, emotional life, economic, or political or other shared interests with the candidates or the tenderers, including conflicting professional interests.
Amendment 478 #
2011/0439(COD)
Proposal for a directive
Article 36 – paragraph 3 – subparagraph 1 – point b
Article 36 – paragraph 3 – subparagraph 1 – point b
(b) that candidates and tenderers are required to submit, also in accordance with the code of ethics drawn up by the contracting entity, at the beginning of the procurement procedure a declaration on the existence of any privileged links with the persons referred to in paragraph 2(b), which are likely to place those persons in a situation of conflict of interests; the contracting authorentity shall indicate in the individual report referred to in Article 94 whether any candidate or tenderer has submitted a declaration.
Amendment 480 #
2011/0439(COD)
Proposal for a directive
Article 36 – paragraph 3 – subparagraph 2
Article 36 – paragraph 3 – subparagraph 2
In the event of a conflict of interests, the contracting authorentity shall take appropriate measures. Those measures may include the recusal of the staff member in question from involvement in the affected procurement procedure or the re- assignment of the staff member’s duties and responsibilities. Where a conflict of interests cannot be effectively remedied by other means, the candidate or tenderer concerned shall be excluded from the procedure.
Amendment 483 #
2011/0439(COD)
Proposal for a directive
Article 36 – paragraph 3 – subparagraph 3
Article 36 – paragraph 3 – subparagraph 3
Where privileged links are identified, the contracting authorentity shall immediately inform the oversight body designated in accordance with Article 93 and take appropriate measures to avoid any undue influence on the award process and ensure equal treatment of candidates and tenderers. If the conflict of interests cannot be effectively remedied by other means, the candidate or tenderer concerned shall be excluded from the procedure.
Amendment 539 #
2011/0439(COD)
Proposal for a directive
Article 45 – paragraph 1 – subparagraph 3
Article 45 – paragraph 1 – subparagraph 3
The term of a framework agreement shall not exceed four years, save in exceptional cases duly justified, in particular by the subject of the framework agreementunless, due to the specific nature of the subject of the agreement, a longer term needs to be established.
Amendment 564 #
2011/0439(COD)
Proposal for a directive
Article 47 – paragraph 1 – subparagraph 2 a (new)
Article 47 – paragraph 1 – subparagraph 2 a (new)
This article does not apply to public works contracts.
Amendment 566 #
2011/0439(COD)
Proposal for a directive
Article 48 – paragraph 1 – subparagraph 2
Article 48 – paragraph 1 – subparagraph 2
Member States may rendeprovide for the use of electronic catalogues mandatory in connection with certain types of procurementservice and supply contracts. This article does not apply to public works contracts.
Amendment 652 #
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. For contracts the value of which is equal to or exceeds the thresholds laid down in Article 12, the contracting entity shall provide, in the contract notice or in the invitation to confirm interest, specific clarification of its reasons relating to the decision on whether or not to divide the contract into lots. Article 13(7) applies.
Amendment 670 #
2011/0439(COD)
Proposal for a directive
Article 65 – paragraph 3
Article 65 – paragraph 3
3. Calls for competition within the meaning of Article 39(2) shall be published in full in an official language of the Union as chosen by the contracting entity. That language version shall constitute the sole authentic text. A summary of the important elements of each notice shall be published in the at least one other official languages of the European Union, to be chosen by the contracting entity.
Amendment 676 #
2011/0439(COD)
Proposal for a directive
Article 69 – paragraph 2 – point d
Article 69 – paragraph 2 – point d
Amendment 713 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – point b
Article 76 – paragraph 1 – subparagraph 1 – point b
(b) the lowest costprice.
Amendment 779 #
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 allt least five tenders have been submitted and one of the following conditions areis fulfilled:
Amendment 782 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 1 – point a
Article 79 – paragraph 1 – point a
(a) the price or cost charged is more than 50% lower than the average price or costs of the remaining tenders;
Amendment 806 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 5 a (new)
Article 79 – paragraph 5 a (new)
5a. The contracting authorities shall automatically exclude any tenders which quote a price more than 50% lower than the mean price quoted in all the tenders submitted.
Amendment 820 #
2011/0439(COD)
Proposal for a directive
Article 80
Article 80
1. Contracting entities may lay down special conditions relating to the performance of a contract, provided that they are indicated in the call for competition or in the specifications. Those conditions may, in particular, concern social and environmental considerations. They may also include the requirement that economic operators foresee compensations for risks of price increases that are the result of price fluctuations (hedging) and that could substantially impact the performance of a contract2. Member States may provide for forms of compensation for economic operators in the event of price increases which are impossible to foresee when the tender is submitted.
Amendment 869 #
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 andor, where it does exceed them, where it is below 520% 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 986 #
2011/0439(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point e a (new)
Annex 2 – paragraph 1 – point e a (new)
(ea) procedures for the award of railway infrastructure capacity, railway licences or safety certification as referred to in Directives 95/18/EC, 2011/14/EC and 2004/49/EC.
Amendment 988 #
Amendment 468 #
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 9100 % 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 790 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States may provide that contracting authorities may award public contracts by a negotiated procedure without prior publication only in the cases laid down in paragraphs (2)2 to (5)5 where the value of the contract is not more than EUR 500 000 in the case of public works contracts and not more than EUR 100 000 in the case of public service contracts.
Amendment 817 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 5 – subparagraph 1
Article 30 – paragraph 5 – subparagraph 1
The negotiated procedure without prior publication may be foreseenllowed for new works or services consisting in the repetition of similar works or services entrusted to the economic operator to which the same contracting authorities awarded an original contract, provided that such works or services are in conformity with a basic project for which the original contract was awarded according to a procedure in accordance with Article 24(1). The basic project shall indicate the extent of possible additional works or services and the conditions under which they will be awarded.
Amendment 818 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 5 – subparagraph 2
Article 30 – paragraph 5 – subparagraph 2
As soon as the first project is put up for tender, the possible use of this procedure shall be disclosed and the total estimated cost of subsequent works or services shall be taken into consideration by the contracting authorities when they apply Article 4.
Amendment 819 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 5 – subparagraph 3
Article 30 – paragraph 5 – subparagraph 3
This procedure may be used only during the threewo years following the conclusion of the original contract.
Amendment 860 #
2011/0438(COD)
Proposal for a directive
Article 33 – paragraph 1 – subparagraph 2 – point a (new)
Article 33 – paragraph 1 – subparagraph 2 – point a (new)
(a) This Article shall not apply to public works contracts or to the award of architectural or engineering services.
Amendment 862 #
2011/0438(COD)
Proposal for a directive
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
Member States may rendeprovide for the use of electronic catalogues mandatory in connection with certain types of procurementpublic service and supply contracts. This Article shall not apply to public works contracts or to the award of architectural or engineering services.
Amendment 865 #
2011/0438(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Contracting authorities may purchase works, supplies and/or services from or through a central purchasing body. Member States shall encourage the use of centralised procurement auctioning procedures, especially where procurers are of a small size.
Amendment 973 #
2011/0438(COD)
Proposal for a directive
Article 42 – paragraph 2
Article 42 – paragraph 2
2. Contracting authorities shall accept other appropriate means of proof than those referred to in paragraph 1, such as a technical dossier of the manufacturer where the economic operator concerned has no access to the certificates or test reports referred to in paragraph 1, or no possibility of obtaining them within the relevant time limits. The means of proof must be supported by non-discriminatory verifiable scientific information.
Amendment 999 #
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. For contracts with a value equal to or greater than the thresholds provided for in Article 4 but not less than EUR 500 000, determined in accordance with Article 5, where the contracting authority does not deem it appropriate to split into lots, it shall provide in the contract notice or in the invitation to confirm interest a specific explanation of its reasonsthe reasons for its decision to split the contract into lots or otherwise.
Amendment 1045 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Any economic operator shall be excluded from participation in a contract where the contracting authority is aware of a decision having the force of res judicata establishing that it has not fulfilled: it has committed conclusively proven serious or repeated infringements of the rules governing social security contributions under the legal provisions of the country in which it is established or under those of the Member State of the contracting authority; it has committed conclusively proven serious or repeated infringements regarding obligations relating to the payment of taxes or social security contributions in accordance with the legal provisions of the country in which it is established or with those of the Member State of the contracting authority.
Amendment 1074 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 4 – subparagraph 1
Article 55 – paragraph 4 – subparagraph 1
Amendment 1078 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 4 – subparagraph 2
Article 55 – paragraph 4 – subparagraph 2
Amendment 1084 #
2011/0438(COD)
Proposal for a directive
Article 56 – paragraph 3 – subparagraph 1
Article 56 – paragraph 3 – subparagraph 1
1. With regard to sufficient economic and financial standing, contracting authorities may require economic operators to have adequate financial and economic capacity. For that purpose, they may require that economic operators have a certain minimum yearly turnover during at least the past five years, including a certain minimum turnover in the area covered by the contract and an adequate professional risk indemnity insurance.
Amendment 1088 #
2011/0438(COD)
Proposal for a directive
Article 56 – paragraph 3 – subparagraph 2
Article 56 – paragraph 3 – subparagraph 2
The aforesaid minimum yearly turnover shall not exceed three times the estimated contract value, except in duly justified circumstances relating to the special risks attached to the nature of the works, services or supplies. The contracting authority shall indicate such exceptional circumstances in the procurement documents.
Amendment 1091 #
2011/0438(COD)
Proposal for a directive
Article 56 – paragraph 3 – subparagraph 3
Article 56 – paragraph 3 – subparagraph 3
Where a contract is divided into lots this Article shall apply in relation to each individual lot. However, the contracting authority may set the aforesaid minimum yearly turnover by reference to groups of lots for the event that the successful tenderer is awarded several lots to be executed at the same time.
Amendment 1100 #
2011/0438(COD)
Proposal for a directive
Article 59 – paragraph 2
Article 59 – paragraph 2
2. At the latest 24 years after the date provided for in Article 92(1), the passport shall be provided exclusively in electronic form.
Amendment 1117 #
2011/0438(COD)
Proposal for a directive
Article 62 – paragraph 2
Article 62 – paragraph 2
Amendment 1204 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 4 a (new)
Article 66 – paragraph 4 a (new)
4a. The award of contracts for intellectual services shall normally be based on the criterion in point (a) of paragraph 1. The lowest cost criterion may only be used in duly justified cases of uncomplicated, repetitive services that do not call for a multidisciplinary set of skills.
Amendment 1249 #
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 all of the following conditions are fulfilledt least five tenders have been submitted or, alternatively:
Amendment 1255 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 1 – point a
Article 69 – paragraph 1 – point a
(a) the price or cost charged is more than 530 % lower than the average price or costs of the remaining tenders;
Amendment 1265 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 1 – point c
Article 69 – paragraph 1 – point c
Amendment 1293 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 5 a (new)
Article 69 – paragraph 5 a (new)
5a. Contracting authorities shall automatically exclude any tender offering discounts higher than 50 % of the average price overall of all the tenders submitted.
Amendment 1311 #
2011/0438(COD)
Proposal for a directive
Article 70
Article 70
1. Contracting authorities may lay down special conditions relating to the performance of a contract, provided that they are indicated in the call for competition or in the specifications. 2. Those conditions may, in particular, concern social and environmental considerations. They may also include the requirement that3. Member States may provide for economic operators foreseto receive compensations for risks in the event of price increases that are the result of price fluctuations (hedging) and that could substantially impact the performance of a contractcould not be foreseen when the tender was submitted.
Amendment 1334 #
2011/0438(COD)
Proposal for a directive
Article 71 – paragraph 2
Article 71 – paragraph 2
2. Member States mayshall provide in their own regulations that at the request of the subcontractor and where the nature of the contract so allows, it shall be possible for the contracting authority shallto transfer due payments directly to the subcontractor for services, supplies or works provided to the main contractor. In such case, Member States shall put in place appropriate mechanisms permitting the main contractor to object to undue payments. The arrangements concerning that mode of payment shall be set out in the procurement documents.
Amendment 1367 #
2011/0438(COD)
Proposal for a directive
Article 72 – paragraph 4
Article 72 – 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 4 and where it is below 520% 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 247 #
2011/0437(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The absence of clear rules at Union level governing the award of concession contracts gives rise to legal uncertainty and to obstacles to the free provision of services and causes distortions in the functioning of the Internal Market. As a result, economic operators, in particular Ssmall and Mmedium E-sized enterprises (SMEs), are being deprived of their rights within the Internal Market and miss out on important business opportunities, while public authorities may not find the best use of public money so that EU citizens benefit from quality services at best prices. An adequate legal framework for the award of concessions would ensure effective and non-discriminatory access to the market to all Union economic operators and legal certainty, favouring public investments in infrastructures and strategic services to the citizen. A general principle should be established at European level whereby the award of concessions would be open to SMEs so as to improve their access opportunities on the concession market.
Amendment 287 #
2011/0437(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Where sector -specific regulation provides for a guarantee not less than 50% of the value of the contract to the concessionaire on breaking even on investments and costs incurred for operating the contract, such a contract should not qualify as a concession within the meaning of this Directive.
Amendment 307 #
2011/0437(COD)
Proposal for a directive
Recital 13
Recital 13
(13) It is appropriate to exclude from the scope of this Directive certain services concessions awarded to an economic operator which is itself a contracting authority or a contracting entity on the basis of an exclusive right which that operator enjoys under published national law or an administrative act, as in the case of public-domain maritime concessions for recreational tourist purposes, and which has been granted in accordance with the Treaty and Union sectoral legislation concerning the management of networks infrastructure related to the activities set out in aAnnex III, since such an exclusive right makes it impossible to follow a competitive procedure for the award. By way of derogation and without prejudice to the legal consequences of the general exclusion from the scope of this Directive, concessions as defined in aArticle 8(1) should be subject to the obligation to publish a concession award notice in view of ensuring basic transparency unless the conditions of such transparency are provided for in sectoral legislation.
Amendment 324 #
2011/0437(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In view of the detrimental effects on competition, awarding concessions without prior publication should only be permitted in very exceptional circumstances. This exception should be limited to cases where it is clear from the outset that a publication would not trigger more competition, notably because there is objectively only one economic operator who can perform the concession, as is the case with owners of seaside businesses set up on property under concession. Only situations of objective exclusivity can justify the award of a concession without publication to an economic operator, where the situation of exclusivity has not been created by the contracting authority or contracting entity itself in view of the future award procedure, and where there are no adequate substitutes, the availability of which should be assessed thoroughly.
Amendment 373 #
2011/0437(COD)
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) In keeping with the case law of the Court of Justice of the European Union, this Directive should apply to concessions awarded after its entry into force.
Amendment 393 #
2011/0437(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Directive shall apply to concessions awarded after its entry into force.
Amendment 435 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2 – point b
Article 2 – paragraph 2 – subparagraph 2 – point b
(b) the risk related to the availability of the infrastructure provided by the concessionaire or used for the provision of services to users, including contracting authorities.
Amendment 436 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2 a (new)
Article 2 – paragraph 2 – subparagraph 2 a (new)
The substantial operating risk shall be determined taking into account the Eurostat criteria required in order to establish whether the investment should be entered in the budget of the public authority or of the private operator in such a way as to trigger an excessive deficit procedure.
Amendment 466 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. With regard to public works concessions and works concessions, calculation of the estimated value shall take account of both the cost of the works and the total estimated value of the supplies and services that are made available to the contractor by the contracting authorities or entities provided that they are necessary for executing the works. In the case of public- domain concessions for the provision of services to the public, the threshold shall be estimated and calculated on an annual basis.
Amendment 485 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. This Directive shall not apply to services concessions awarded by a contracting authority or by a contracting entity to an economic operator which is a contracting entity or an association of thereof, on the basis of an special or exclusive right that economic operator enjoys pursuant to applicable and published national law, regulations or administrative provisions, and which has been granted in accordance with the Treaty and Union sectoral legislation concerning the management of networks infrastructure related to the activities set out in aAnnex III. This Directive shall not apply where the service under concession has already been made subject to sector-specific legislation.
Amendment 681 #
2011/0437(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
The duration of the concession shall be limited to the time estimated to be necessary for the concessionaire to recoup the initial and later investments made in operating the works or services together with a reasonable return on invested capital.
Amendment 718 #
2011/0437(COD)
Proposal for a directive
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. Concession award procedures must include arrangements for the participation and involvement of small and medium-sized enterprises.
Amendment 748 #
2011/0437(COD)
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 1 – point c a (new)
Article 26 – paragraph 5 – subparagraph 1 – point c a (new)
(ca) where the public property under concession has been assigned for the provision of seaside tourism services on the initiative and at the request of an economic operator and become a prerequisite for the operator’s business to the extent that, were the operator to lose the concession, it would forfeit the right of ownership of the business.
Amendment 866 #
2011/0437(COD)
Proposal for a directive
Article 39 – paragraph 4 – introductory part
Article 39 – paragraph 4 – introductory part
4. Member States mayshall provide that contracting authorities and contracting entities shall base the award of concessions on the criterion of the most economically advantageous tender, in compliance with paragraph 2. Those criteria may include, in addition to price or costs, any of the following criteria
Amendment 873 #
2011/0437(COD)
Proposal for a directive
Article 39 – paragraph 4 – point d a (new)
Article 39 – paragraph 4 – point d a (new)
(da) safety and the technical and financial capacity of the bidder.
Amendment 887 #
2011/0437(COD)
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
1. In the concession documents, the contracting authority or contracting entity may ask or may be required by a Member State to ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractor. The list of subcontractors shall be updated during the life of the concession contract to take account of substitutions or changes.
Amendment 895 #
2011/0437(COD)
Proposal for a directive
Article 42 – title
Article 42 – title
Modification of concessions during their termawarded after the entry into force of this Directive
Amendment 897 #
2011/0437(COD)
Proposal for a directive
Article 42 – paragraph 1
Article 42 – paragraph 1
1. A substantial modification of the provisions of a concession during its termduring the term of a concession awarded after the entry into force of this Directive shall be considered as a new award for the purposes of this Directive and shall require a new concession award procedure in accordance with this Directive.
Amendment 910 #
2011/0437(COD)
Proposal for a directive
Article 42 – paragraph 4
Article 42 – 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 5 and/or where it is below 520% 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 914 #
2011/0437(COD)
Proposal for a directive
Article 42 – paragraph 5
Article 42 – paragraph 5
5. Concession modifications shall not be considered substantial within the meaning of paragraph 1, where they have been provided for in the concession documents in clear, precise and unequivocal review clauses or options and made pursuant to the law. Such clauses shall state the scope and nature of possible modifications or options as well as the conditions under which they may be used. They shall not provide for modifications or options that would alter the overall nature of the concession.
Amendment 925 #
2011/0437(COD)
Proposal for a directive
Article 43 – paragraph 1 – point c
Article 43 – paragraph 1 – point c
Amendment 255 #
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 3
Article 4 b – paragraph 3
3. The competent authority of the home Member State shall acknowledge receipt of the application and inform the applicant of any missing document without delay from submiss, without delay from submission of the application, of any missing documents, which should be produced within a reasonable periond of thime applicationnd in accordance with all specified requirements. It shall create a file of the application containing all supporting documents within the Internal Market Information System (IMI) established by Regulation (EU) No […] of the European Parliament and of the Council(*). In case of subsequent applications by the same applicant, the competent authorities of the home or the host Member State may not request the re- submission of documents which are already contained in the IMI file and which are still valid.
Amendment 309 #
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 d – paragraph 5
Article 4 d – paragraph 5
5. 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 montha reasonable period 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 for a maximum period of two months and to constitute recognition of the professional qualification to the regulated profession concerned in the host Member State.
Amendment 382 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2005/36/EC
Article 5 – paragraph 1 – subparagraph 2 – point b
Article 5 – paragraph 1 – subparagraph 2 – point b
b) the service provider is accompanying the service recipient, provided that the service recipient'’s habitual residence is in the service provider'’s Member State of establishment and the profession does not appear on the list referred to in Article 7(4), except in the case of services provided by tourist guides.
Amendment 403 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2005/36/EC
Article 7 – paragraph 4 – subparagraph 4
Article 7 – paragraph 4 – subparagraph 4
Where there is a substantial difference between the professional qualifications of the service provider and the training required in the host Member State, to the extent that that difference is such as to be harmful to public health or safety, to adversely affect consumers’ rights or to be incompatible with overriding requirements in the public interest, and that it cannot be compensated by professional experience or lifelong learning of the service provider, the host Member State shall give the service provider the opportunity to show, in particular by means of an aptitude test, that he has acquired the lacking knowledge or competence. In any case, it must be possible to provide the service within one month of a decision being taken in accordance with the third subparagraph.
Amendment 600 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/CE
Article 53 – paragraph 2
Article 53 – paragraph 2
A Member State shall ensure that any controls of the knowledgehecking of a language areknowledge is carried out by a competent authority after the decisions referred to in Articles 4d, 7(4) and 51(3) have been taken and if there is a serious and concrete doubt about the professional'’s sufficient language knowledge in respect of the professional activities this person intends to pursue.
Amendment 617 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/CE
Article 53 – paragraph 2 – subparagraph 3
Article 53 – paragraph 2 – subparagraph 3
Any controls and language controlhecking shall be limited to the knowledge of one of the official languages of the Member State according to the choice of the person concerned, it and shall be proportionate to the activity to be pursued and free of charge for the professional. The person concerned shall be allowed to appeal such controls before national courts.
Amendment 619 #
2011/0401(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The integrated approach set out in paragraphs 1 and 2 is expected to lead to around 1520 % of the total combined budget for the specific objective on ‘Leadership in enabling and industrial technologies’ and the priority ‘Societal challenges’ going to SMEs.
Amendment 678 #
2011/0401(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2
For the purposes of point (a), top-up funding shall be conditional on a significant level of priorprior indicative financial commitments in cash or in kind of the participating entities to the joint calls and actions. The ERA-NET instrument may include an objective to harmonise rules and implementation modalities of the joint calls and actions. It may also be used in order to prepare for an initiative pursuant to Article 185 TFEU.
Amendment 683 #
2011/0401(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 3 – point b
Article 20 – paragraph 2 – subparagraph 3 – point b
(b) clearindicative financial commitments of the participating countries, in cash or in kind including prior commitments to poolalign national and/or regional investments for transnational research and innovation and, where appropriate, to pool resources;
Amendment 226 #
2011/0399(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. For the purposes of this Regulation an entity which does not have legal personality under the applicable national law is assimilated to a legal entity provided that the conditions set out in Article 114(2)(a) of Regulation (EU) No XX/2012 [the Financial Regulation] and Article 174a of the implementing rules therefore are complied with.
Amendment 399 #
2011/0399(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. A singlThe reimbursement rates of the eligible costs shall be applied per action for all activities funded therein. The maximum rate shall be fixed in the work programme or work planet out in paragraphs 4 and 5 below shall be applied per action depending on the nature of the activity being funded.
Amendment 493 #
2011/0399(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Indirect eligible costs shall be determined by applying a flat rate of 230% of the total direct eligible costs, excluding direct eligible costs for subcontracting and the costs of resources made available by third parties which are not used on the premises of the beneficiary, as well as financial support to third parties.
Amendment 585 #
2011/0399(COD)
Proposal for a regulation
Article 37 – paragraph 2 – subparagraph 1
Article 37 – paragraph 2 – subparagraph 1
2. Independent experts shall be chosen on the basis of skills, experience and knowledge appropriate to carry out the tasks assigned to them. When appointing independent experts, the Commission shall seek to achieve a balanced composition within the expert groups in terms of various skills, experience and knowledge, depending on the field of the action and a strong involvement of experts coming from the industry sector. In cases where independent experts have to deal with classified information, the appropriate security clearance shall be required before appointment.
Amendment 80 #
2011/0282(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) To ensure the sustainable development of rural areas, it is necessary to focus on a limited number of core priorities relating to knowledge transfer and innovation in agriculture, forestry and rural areas, the competitiveness of all types of agriculture and farm viability, food chain organisation, short supply chains and risk management in agriculture, restoring, preserving and enhancing ecosystems dependant on agriculture and forestry, resource efficiency and the shift towards a low carbon economy in the agricultural, food and forestry sectors, and promoting social inclusion, poverty reduction and the economic development of rural areas. In doing so account must be taken of the diversity of situations that affect rural areas with different characteristics or different categories of potential beneficiaries and the cross-cutting objectives of innovation, environment and climate change mitigation and adaptation. Mitigation action should relate to both limiting emissions in agriculture and forestry from key activities such as livestock production, fertilizer use and to preserving the carbon sinks and enhancing carbon sequestration with regard to land use, land use change and the forestry sector. The Union priority for rural development relating to knowledge transfer and innovation in agriculture, forestry and rural areas should apply horizontally in relation to the other Union priorities for rural development.
Amendment 87 #
2011/0282(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to ensure the immediate start and efficient implementation of rural development programmes, support from the EAFRD should be based on the existence of sound administrative framework conditions. Member States should therefore assess compliance with certain ex ante conditionalities. Each Member State should prepare either a national rural development programme for its entire territory or a set of regional programmes. Each programme should identify a strategy for meeting targets in relation to the Union priorities for rural development and a selection of measures. Programming should comply with Union priorities for rural development, while being adapted to national and regional contexts and complement the other Union policies, in particular the agricultural market policy, cohesion policy and the common fisheries policy. If a Member States which opts for a set of national and/or regional programme should be able to also prepare a ns, the National fFramework, without a separate budgetary allocation, in order to facilitate co-ordination among the regions in addressing nation-wide challeng should comprise common elements to ensure coherence and links between the national strategy and regional strategies.
Amendment 90 #
2011/0282(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Member States should be able to include in their rural development programmes thematic sub-programmes to address specific needs in areas of particular importance to them. Thematic sub- programmes should concern among others young farmers, women in agriculture, small farms, mountain areas and the creation of short supply chains. Thematic sub-programmes should also be used to provide for the possibility to address restructuring of agricultural sectors which have a strong impact on the development of rural areas. As a means to increase the efficient intervention of such thematic sub- programmes Member States should be allowed to provide for higher support rates for certain operations covered by them.
Amendment 114 #
2011/0282(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Union or national quality schemes for agricultural products and food provide consumers with assurances on the quality and characteristics of the product or the production process used as a result of the participation of farmers in such schemes, achieve added value for the products concerned and enhance their market opportunities. Farmers should therefore be encouraged to participate in these schemes. Given that it is at the moment of entering such schemes and in the early years of their participation that additional costs and obligations imposed on farmers as a result of their participation are not fully remunerated by the market, support should be limited to new participation and cover a period of no more than five years. Given the special characteristics of cotton as a farm product, quality schemes for cotton should also be covered. In order to ensure the efficient and effective use of EAFRD budgetary resources, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the Union quality schemes that may be covered by this measure.
Amendment 153 #
2011/0282(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Agri-environment-climate payments should continue to play a prominent role in supporting the sustainable development of rural areas and in responding to society's increasing demands for environmental services. They should further encourage farmers and other land managers to serve society as a whole by introducing or continuing to apply agricultural practices contributing to climate change mitigation and adaptation and compatible with the protection and improvement of the environment, the landscape and its features, natural resources, the soil and genetic diversity. In this context the conservation of genetic resources in agriculture and the additional needs of farming systems that are of high nature value should be given specific attention. Payments should contribute to covering additional costs and income foregone resulting from the commitments undertaken and should only cover commitments going beyond relevant mandatory standards and requirements, in accordance with the "polluter pays" principle. In many situations the synergies resulting from commitments undertaken jointly by a group of farmers multiply the environmental and climate benefit. However, joint action brings additional transaction costs which should be compensated adequately. In order to ensure that farmers and other land managers are in a position to correctly implement the commitments they have undertaken, Member States should endeavour to provide them with the required skills and knowledge. Member States should maintain the level of efforts made during the 2007-2013 programming period and have to spend a minimum of 25% of the total contribution from the EAFRD to each rural development programme for climate change mitigation and adaptation and land management, through the agri- environment-climate, organic farming and payments to areas facing natural or other specific constraints measures.
Amendment 181 #
2011/0282(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Farmers are exposed today to increasing economic and environmental risks as a consequence of climate change and increased price volatility. In this context, effective management of risks has an increased importance for farmers. For this reason a risk management measure should be set up to assist farmers in addressing the most common risks faced by them. This measure should therefore support farmers to cover the premiums they pay for crop, animal and plant insurance as well as the setting up of mutual funds and the compensation paid by such funds to farmers for losses suffered as a result of the outbreak of animal or plant diseases, adverse climatic events or environmental incidents. It should also cover an income stabilisation tool in the form of a mutual fund to support farmers facing a severe drop in their income. In order to ensure that there is equal treatment among farmers across the Union, that competition is not distorted and that the international obligations of the Union are respected, specific conditions should be provided for the granting of support under these measures. In order to ensure the efficient use of EAFRD budgetary resources the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of defining the minimum and maximum duration of commercial loans to mutual funds.
Amendment 237 #
2011/0282(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point t
Article 2 – paragraph 1 – point t
(t) "short supply chain": a supply chain involving a limited number of economic operators, who have direct relations with consumers or are committed to co- operation, local economic development, and close geographical and social relations between producers and consumers;
Amendment 247 #
2011/0282(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point u
Article 2 – paragraph 1 – point u
(u) "young farmer": farmer who is less than 40 years of age at the moment of submitting the application, possesses adequate occupational skills and competence and is setting up for the first time in an agricultural holding as head of the holding and/or who possesses adequate occupational skills and competence;
Amendment 257 #
2011/0282(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point x b (new)
Article 2 – paragraph 1 – point x b (new)
(xb) “agricultural service-providers”: agromechanical entrepreneurs who provide, and are qualified to provide, professional agricultural services in rural areas and who, for hire or reward, perform work relating to field crops, livestock farming or management of woodland and green areas belonging to public authorities, where the use of large and technically advanced equipment and machinery is required.
Amendment 258 #
2011/0282(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point x c (new)
Article 2 – paragraph 1 – point x c (new)
(xc) "agricultural services": performance by agricultural service-providers, for public and private procurers, of work in fields, such as that relating to field crops, livestock farming and the management of woodland and green areas.
Amendment 339 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 2 – point a
Article 5 – paragraph 1 – point 2 – point a
(a) facilitating restructuring of farms facing major structural problems, notably farms with a low degree of market participation, market-oriented farms in particular sectors and farms in need of agricultural diversificationand modernisation of farms;
Amendment 385 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 3 – point b
Article 5 – paragraph 1 – point 3 – point b
(b) supporting farm risk management:the management of farm risk generated by economic, environmental and social factors.
Amendment 460 #
2011/0282(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. A Member State may submit either a single programme for its entire territory or a set of regional programmes, a set of regional programmes or a set of national and regional programmes. If a Member State opts for a set of national and regional programmes, each measure or type of operation shall be programmed at national or regional level.
Amendment 466 #
2011/0282(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States with regional programmes may also submit for approval a national framework containing common elements for these programmes without a separate budgetary allocation. If a Member State opts for a set of national and regional programmes, the national framework shall contain the common elements so as to ensure consistency and linkage between its national and regional strategies.
Amendment 475 #
2011/0282(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point a
Article 8 – paragraph 1 – subparagraph 1 – point a
(a) young farmers and women in agriculture;
Amendment 505 #
2011/0282(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point d a (new)
Article 8 – paragraph 1 – subparagraph 1 – point d a (new)
(da) the development and promotion of agricultural products, including organic products, bearing official quality labels.
Amendment 597 #
2011/0282(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 636 #
2011/0282(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Each rural development measure shall be programmed to contribute specifically to the achievement of one or more Union priorities for rural development. An indicative list of measures of particular relevance to the Union priorities is set out in Annex V.
Amendment 758 #
2011/0282(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Support under this measure shall cover new participation by farmers, also through producer group associations and agri-food companies, cover new participation by farmers or previous participation during the 2007-2013 programming period in:
Amendment 794 #
2011/0282(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
Support shall be granted as an annual incentive payment, the level of which shall be determined according to the level of the fixed costs arising from participation in supported schemes, for a maximum duration of five years. Payments shall be made annually on presentation of the necessary documentation. However, the producer shall make a single application covering a five-year period.
Amendment 798 #
2011/0282(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
For the purposes of this paragraph, 'fixed costs' means the costs incurred for entering a supported quality scheme and the annual contribution for participating in that scheme, including, where necessary, expenditure on checks required to verify compliance with the specifications of the scheme. The costs of the checks incurred by producer group associations which have submitted an application for recognition of a quality label shall be admissible from the commencement of the transitional period, that is to say while the documents are being forwarded by the Member State to the Commission.
Amendment 835 #
2011/0282(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) concern infrastructure related to the development and adaptation of agriculture, including access to farm and forest land, land consolidation and improvement, energy supply and, water management and hydro storage to sustain farming and in particular crop systems; or
Amendment 848 #
2011/0282(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point d
Article 18 – paragraph 1 – point d
(d) are non productive investments linked to the achievement of agri- and forest- environment commitments, biodiversity conservation status of species and habitat as well as enhancing the public amenity value of a Natura 2000 area or other high nature value area to be defined in the programme.
Amendment 875 #
2011/0282(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Support under paragraph 1(a) shall be granted to agricultural holdings. In the case of investments to support farm restructuring, only farms not exceeding a certain size, to be defined by the Member States in the programme based on the SWOT analysis carried out in relation to the Union priority for rural development “enhancing competitiveness of all types of agriculture and enhancing farm viability”, shall be eligibleindividual or combined agricultural holdings and agricultural service providers.
Amendment 892 #
2011/0282(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Support under this measure shall be limited to the maximum support rates laid down in Annex I. These maximum rates may be increased for young farmers, women in agriculture, collective investments and integrated projects involving support under more than one measure, investments in areas facing significant natural constraints as referred to in Article 33(3) and operations supported in the framework of the EIP for agricultural productivity and sustainability in accordance with the support rates laid down in Annex I. However, the maximum combined support rate may not exceed 90%.
Amendment 894 #
2011/0282(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Paragraph 3 shall not apply to investments referred to in paragraph 1(c) and non- productive investments referred to in paragraph 1(d).
Amendment 911 #
2011/0282(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Support shall be granted to farmers or groups of farmers and undertakings engaged in the processing and/or marketing of products listed in Annex 1 of the Treaty. Support may also be granted to public entities where a link between the investment undertaken by such entities and agricultural production potential is established.
Amendment 922 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point a – point i
Article 20 – paragraph 1 – point a – point i
(i) young farmers and women in agriculture;
Amendment 929 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point a – point ii
Article 20 – paragraph 1 – point a – point ii
(ii) non-agricultural activities and provision of agricultural services in rural areas;
Amendment 938 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point b
Article 20 – paragraph 1 – point b
(b) investments in non-agricultural activities and provision of agricultural services;
Amendment 962 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
Support under paragraph 1(a)(i) shall be granted to young farmers and women in agriculture.
Amendment 979 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2
Support under paragraph 1(a)(ii) shall be granted to farmers or members of the farm household diversifying into non- agricultural activities and to non- agricultural micro- and small- enterprises and the provision of agricultural services in rural areas.
Amendment 993 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 4
Article 20 – paragraph 2 – subparagraph 4
Support under paragraph 1(b) shall be granted to non- agricultural micro- and small- enterprises in rural areas and to farmers or members of the farm household and micro- and small- enterprises providing agricultural services.
Amendment 1012 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 4 – subparagraph 2 a (new)
Article 20 – paragraph 4 – subparagraph 2 a (new)
Amendment 1062 #
2011/0282(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point e
Article 21 – paragraph 1 – point e
(e) investments by public and private bodies in recreational infrastructure, tourist information and sign-posting of touristic sites;
Amendment 1077 #
2011/0282(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Investments under paragraph 1 shall be eligible for support where the relevant operations are implemented in accordance with plans for the development of municipalities in rural areas and their basic services, where such plans exist and shall by are consistent with any local development strategy, where one exists.
Amendment 1120 #
2011/0282(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Support under Article 22(1)(a) shall be granted to private land-owners and tenants, to other land managers, and to municipalities and their associations and shall cover the costs of establishment and an annual premium per hectare to cover the costs of agricultural income foregone and maintenance, including early and late cleanings, for a maximum period of ten years.
Amendment 1142 #
2011/0282(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Support under Article 22(1)(b) shall be granted to private land public owners, tenants, other land managers and municipalities and their associations and shall cover the costs of establishment and an annual premium per hectare to cover the costs of maintenance for a maximum period of threeseven years.
Amendment 1188 #
2011/0282(COD)
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 1
Article 25 – paragraph 2 – subparagraph 1
In the case of preventive actions concerning pests and diseases, the risk of a relevant disaster occurrence must be supported by scientific evidence and acknowledged by scientific public organisations. Where relevant, the list of species of organisms harmful to plants which may cause a disaster must be provided in the programme.
Amendment 1204 #
2011/0282(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Support under paragraph 1(d) shall be subject to the formal recognition by the competent public authorities of Member States that a natural disaster has occurred and that this disaster, or measures adopted in accordance with Directive 2000/29/EC to eradicate or contain a plant disease or pest has caused the destruction of at least 3015% of the relevant forest potential. This percentage shall be determined on the basis of either the average existing forest potential in the three-year period immediately preceding the disaster or on the average of the five-year period immediately preceding the disaster, excluding the highest and the lowest entry.
Amendment 1213 #
2011/0282(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Support under Article 22(1)(d) shall be granted to natural persons, private forest owners, private law, public and semi- public bodies, municipalities and their associations. In the case of state forests support may also be granted to bodies managing such forests, which are independent from the state budget.
Amendment 1228 #
2011/0282(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Support under Article 22(1)(e) shall be granted to private forest owners, municipalitieand public land-owners and tenants and to otheir associationland managers and to SMEs for investments enhancing forestry potential or relating to processing and marketing adding value to forest products. In the territories of the Azores, Madeira, the Canary islands, the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93 and the French overseas departments support may also be granted to enterprises that are not SMEs.
Amendment 1301 #
2011/0282(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Agri-environment-climate payments cover only those commitments going beyond the relevant mandatory standards established pursuant to Chapter I of Title VI of Regulation (EU) No HR/2012 and other relevant obligations established under Chapter 2 of Title III of Regulation (EU) No DP/2012, relevant minimum requirements for fertiliser and plant protection products use as well as other relevant mandatory requirements established by national legislation. All such mandatory requirements shall be identified in the programme.
Amendment 1313 #
2011/0282(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Member States shall endeavosure to providehat persons undertaking to carry out operations under this measure withhave the opportunity to acquire the knowledge and information required to implement them, including by setting up commitment-related expert advice and/or by making support under this measure conditional to relevant trainingsory services.
Amendment 1333 #
2011/0282(COD)
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
6. Payments shall be granted annually and shall compensate beneficiaries for all or part of the additional costs and income foregone resulting from the commitments made. Where necessary they may also cover transaction costs to a value of up to 20% of the premium paid for the agri- environment-climate commitments. Where commitments are undertaken by groups of farmers and/or by other land managers, the maximum level shall be 30%.
Amendment 1336 #
2011/0282(COD)
Proposal for a regulation
Article 29 – paragraph 6 a (new)
Article 29 – paragraph 6 a (new)
6a. Where commitments under this measure include the implementation of greening measures in preparation for meeting other commitments under the measure, these greening measures may be compensated within the measure. In that case they may not receive support as 'non- productive investments' under Article 18(1)(d).
Amendment 1397 #
2011/0282(COD)
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
Payments to farmers in mountain areas and other areas facing natural or other specific constraints shall be granted annually per hectare of UAA in order to compensate farmers for additional costs and income foregone related to the constraints for agricultural production in the area concerned, and to avoid the risk of those areas being abandoned owing to their low profitability.
Amendment 1430 #
2011/0282(COD)
Proposal for a regulation
Article 33 – paragraph 2 – subparagraph 1 – introductory part
Article 33 – paragraph 2 – subparagraph 1 – introductory part
In order to be eligible for payments under Article 32, mountain areas shall be characterized by a considerable limitation of the possibilities for using the land as well as low profitability and by an appreciable increase in production costs due to:
Amendment 1519 #
2011/0282(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point f
Article 36 – paragraph 2 – point f
(f) joint action undertaken with a view to mitigating or adapting to climate change, such as measures relating to water management and storage to sustain farming and in particular agricultural systems;
Amendment 1570 #
2011/0282(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point c
Article 37 – paragraph 1 – point c
(c) an income stabilisation tool, in the form of financial contributions toa mutual funds, to providinge compensation to farmers who experience a severe drop in their income.
Amendment 1648 #
2011/0282(COD)
Proposal for a regulation
Article 40 – paragraph 4 – subparagraph 1
Article 40 – paragraph 4 – subparagraph 1
Amendment 1655 #
2011/0282(COD)
Proposal for a regulation
Article 40 – paragraph 4 – subparagraph 1 a (new)
Article 40 – paragraph 4 – subparagraph 1 a (new)
Support under Article 37(1)(c) may take the form of a financial contribution towards farmers’ payments into the mutual fund. Member States shall lay down rules governing farmers’ contributions to the fund.
Amendment 1678 #
2011/0282(COD)
Proposal for a regulation
Article 44 – paragraph 3 – subparagraph 1
Article 44 – paragraph 3 – subparagraph 1
Amendment 1686 #
2011/0282(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
Amendment 1715 #
2011/0282(COD)
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
3. In the case of irrigation, onlynew investments that lead to a reduction of previous water use by at least 25% shall be considered as eligible expenditure. By way of derogation, in the Member States that adhered to the Union from 2004 onwards investments in new irrigation installations can, including measures to sustain farming and crop systems and/or to modernise existing systems for the improvement of water use efficiency, shall be considered as eligible expenditure in cases where an environmental analysis provides evidence that the investment concerned is sustainable and has no negative environmental impact.
Amendment 1729 #
2011/0282(COD)
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
For the purposes of this Regulation the Managing Authority"rural area" shall be define "rural area" at programmd at Member State level.
Amendment 1889 #
2011/0282(COD)
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. EIP operational groups shall form part of the EIP for agricultural productivity and sustainability. They shall be set up by interested actors such as farmers, collective entities, land and irrigation managers, researchers, advisors and businesses involved in the agriculture and food sector.
Amendment 1994 #
2011/0282(COD)
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
Amendment 2000 #
2011/0282(COD)
Proposal for a regulation
Article 67 – paragraph 4
Article 67 – paragraph 4
4. PExcept for forms of support under Article 57(1)(b), (c) and (d) of Regulation (EU) [CSF/2012], payments by beneficiaries shall be supported by invoices and documents proving payment. Where this cannot be done, payments shall be supported by documents of equivalent probative value, except for forms of support under Article 57(1)(b), (c) and (d) of Regulation (EU) [CSF/2012].
Amendment 440 #
2011/0281(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) In order to assist farms whose activities are mostly seasonal, such as fruit and vegetables, or wine, for which more staff are employed at certain times of the year, and to facilitate employment for workers who are considered to be at risk of social exclusion, a system of work vouchers for the payment of casual labour should be introduced, along the lines of the system provided for under Italian legislation.
Amendment 510 #
2011/0281(COD)
Proposal for a regulation
Recital 85 a (new)
Recital 85 a (new)
(85a) Data collected by the Farm Accountancy Data Network should be taken into consideration when formulating studies and research with the aim of preventing crises in the various agricultural sectors, given that they reflect the performance of farms. These data should be a useful tool for crisis prevention and management.
Amendment 530 #
2011/0281(COD)
Proposal for a regulation
Recital 94 a (new)
Recital 94 a (new)
(94a) However, the implementation of international agreements should not depart from the principle of reciprocity, particularly with regard to tariffs, plant health and the environment, and it should be carried out so as to ensure strict compliance with the mechanisms for entry prices, specific additional duties and compensatory levies.
Amendment 655 #
2011/0281(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) common and durum wheat, barley and maize;
Amendment 721 #
2011/0281(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) for common and durum wheat, barley, maize, paddy rice, sorghum and skimmed milk powder shall be equal to the respective reference prices fixed in Article 7 in the case of buying-in at a fixed price and shall not exceed the respective reference prices in the case of buying-in by tendering;
Amendment 728 #
2011/0281(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The public intervention prices referred to in paragraphs 1 and 2 shall be without prejudice to price increases or reductions for quality reasons for common and durum wheat, barley, maize, sorghum and paddy rice. Moreover, taking into account the need to ensure that production is orientated towards certain varieties of paddy rice, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to fix increases and reductions of the public intervention price.
Amendment 744 #
2011/0281(COD)
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
Aid for private storage mayshall be granted in respect of the products referred to in Article 1(2) and the following products, subject to the conditions set out in this Section and to requirements and conditions to be adopted by the Commission, by means of delegated and/or implementing acts, pursuant to Article 17 to 19:
Amendment 817 #
2011/0281(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 160, where necessary in order to provide for market transparency to lay down the conditions under which it may decide to grant private storage aid for the products listed in Article 16, taking into account average recorded Union market prices and, the reference prices forand production costs of the products concerned or the need to respond to a particularly difficult market situation or economic developments in the sector in one or more Member States.
Amendment 835 #
2011/0281(COD)
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. To implement the measure for the products referred to in point (g) of Article 1(2), in relation to specific areas of production, the Commission may, by means of delegated acts: (a) link the granting of aid to respective gross margins; (b) limit the placing of the stored product on the market to the period of February to August, to prevent any overlapping with the start of the new marketing year; (c) incentivise the placing of the stored product on third-country markets, through measures – such as a targeted promotion campaign together with the supply of a 'service package' – designed to facilitate the placing of the product on the markets of 'developing countries'. The measure shall be limited to the first three months of storage.
Amendment 878 #
2011/0281(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point i
Article 19 – paragraph 1 – point i
(i) the conditions according to which it may be decided that products covered by private storage contracts may be re- marketed or disposed of, seeking to avoid re-marketing in certain periods in order to eliminate problems of supply surpluses;
Amendment 967 #
2011/0281(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point c a (new)
Article 27 – paragraph 1 – point c a (new)
(ca) the dissemination of information on measures carried out by operators’ organisations and on traceability and certification systems to improve the quality of olive oil and table olives;
Amendment 978 #
2011/0281(COD)
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point a
Article 27 – paragraph 3 – subparagraph 1 – point a
(a) 7590 % for activities in the areas referred to in point (a) of paragraph 1;
Amendment 981 #
2011/0281(COD)
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point b
Article 27 – paragraph 3 – subparagraph 1 – point b
(b) 7590 % for fixed assets investments and 560 % for other activities in the area referred to in point (b) of paragraph 1;
Amendment 1037 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point f
Article 31 – paragraph 2 – subparagraph 1 – point f
f) support for the administrative costs of setting up and maintaining mutual funds.
Amendment 1070 #
2011/0281(COD)
Proposal for a regulation
Article 34 a (new)
Article 34 a (new)
Article 34a 1. Member States may establish a national fruit and vegetable network that unites the organisations, associations and authorities involved in implementing the national strategy. 2. The network shall be financed by a maximum levy of 0.5% of the Community share of the financing of the operational funds and its aim shall be: to manage the network, examine transferable good practices and gather the relevant information, organise conferences and seminars for those involved in managing the national strategy, conduct programmes to monitor and assess the national strategy and carry out other activities identified by the national strategy.
Amendment 1106 #
2011/0281(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point h a (new)
Article 40 – paragraph 1 – point h a (new)
(ha) use of concentrated grape must in accordance with Article 49(a);
Amendment 1107 #
2011/0281(COD)
Proposal for a regulation
Article 41 – paragraph 3 a (new)
Article 41 – paragraph 3 a (new)
3a. By way of derogation from paragraph 3, Member States may grant national aid in accordance with the relevant Community rules on State aid for the measures referred to in Articles 43, 47 and 48.
Amendment 1116 #
2011/0281(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Support under this Article shall cover information or promotion measures concerning Union wines in third countries and on the internal market, thereby improving their competitiveness in those countries.
Amendment 1123 #
2011/0281(COD)
Proposal for a regulation
Article 43 – paragraph 3 – point c
Article 43 – paragraph 3 – point c
(c) information campaigns, in particular on the Union systems covering designations of origin, geographical indications and organic production; to that end it would be desirable for agreements to be concluded with major retail chains in third countries to ensure that the information given to consumers about these products in sales outlets is as clear as possible;
Amendment 1135 #
2011/0281(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. Support for green harvesting shall contribute to improving the quality of the grapes and restoring the balance of supply and demand in the Union wine market in order to prevent market crises.
Amendment 1139 #
2011/0281(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. Support for the setting up and consolidation of mutual funds shall provide assistance to producers seeking to insure themselves against market fluctuations.
Amendment 1142 #
2011/0281(COD)
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. Support for the setting up and consolidation of mutual funds may be granted in the form of temporary and degressive aid to cover the administrative costs of the funds.
Amendment 1160 #
2011/0281(COD)
Proposal for a regulation
Article 48 – paragraph 1 – introductory part
Article 48 – paragraph 1 – introductory part
1. Support may be granted for tangible or intangible investments, including the registration of collective marks, in processing facilities, winery infrastructure, distilleries and marketing of wine which improve the overall performance of the enterprise and concern one or more of the following:
Amendment 1193 #
2011/0281(COD)
Proposal for a regulation
Article 49 a (new)
Article 49 a (new)
Article 49a Use of concentrated grape must 1. Support may be granted to wine producers who use concentrated grape must, including rectified concentrated grape must, to increase the natural alcoholic strength of products, in accordance with the conditions laid down in Annex XVa. 2. The amount of the aid shall be fixed per % volume potential alcoholic strength and per hectolitre of the must used for enrichment. 3. The maximum applicable aid levels for this measure in the different wine growing zones shall be fixed by the Commission.
Amendment 1233 #
2011/0281(COD)
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
Amendment 1235 #
2011/0281(COD)
Proposal for a regulation
Article 57
Article 57
Amendment 1240 #
2011/0281(COD)
Proposal for a regulation
Article 58 – paragraph 1 a (new)
Article 58 – paragraph 1 a (new)
Fruit and vegetables that are intended to be sold to consumers as fresh products may be marketed only if they are of sound, fair and marketable quality and if the country of origin is indicated.
Amendment 1242 #
2011/0281(COD)
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
1. Taking into account the expectations of consumers and the need to improve the economic conditions for the production and marketing of agricultural products as well as their quality, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on marketing standards referred to in Article 55, at all stages of the marketing, as well as derogations and exemptions from such standards to adapt to the constantly changing market conditions, to the evolving consumer demands, to developments in relonly for a limited time and in exceptional cases, or in the evaent international standards and avoid creating obstacles to product innovationof market crises.
Amendment 1244 #
2011/0281(COD)
Proposal for a regulation
Article 59 – paragraph 2 – introductory part
Article 59 – paragraph 2 – introductory part
2. The marketing standards referred to in paragraph 1 may cover one or more of the following requirements, determined on a sectoral or product basis, and based on the characteristics of each sector, on the need to regulate the placing on the market and on the conditions laid down in paragraph 3:
Amendment 1274 #
2011/0281(COD)
Proposal for a regulation
Article 59 – paragraph 3 – point c
Article 59 – paragraph 3 – point c
(c) the interest of consumers to receive adequate and transparent product information, including the place of farming to be determined on a case by case approach at the appropriate geographical levelby providing for the indication of the place of production;
Amendment 1283 #
2011/0281(COD)
Proposal for a regulation
Article 59 – paragraph 3 – point e
Article 59 – paragraph 3 – point e
(e) the standard recommendations adopted by international bodies in Annex V.
Amendment 1284 #
2011/0281(COD)
Proposal for a regulation
Article 59 – paragraph 3 – point e a (new)
Article 59 – paragraph 3 – point e a (new)
(ea) the possible risk of consumers being misled due to their expectations and habits, having regard to the availability and feasibility of informational means to exclude such risks;
Amendment 1285 #
2011/0281(COD)
Proposal for a regulation
Article 59 – paragraph 3 a (new)
Article 59 – paragraph 3 a (new)
3a. Place of farming, in accordance with paragraph 3(c), shall mean the place of cultivation or breeding, namely the country from which the non-processed agricultural product, or product used in the preparation or production of a food, originates.
Amendment 1296 #
2011/0281(COD)
Proposal for a regulation
Article 60 – paragraph 3
Article 60 – paragraph 3
Amendment 1299 #
2011/0281(COD)
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
Taking into account the specificity of each sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on tolerancerough the ordinary procedure a tolerance may be adopted for each standard beyond which the entire batch of products shall be considered as not respecting that standard.
Amendment 1300 #
2011/0281(COD)
Proposal for a regulation
Article 61 – paragraph 1 a (new)
Article 61 – paragraph 1 a (new)
In exceptional cases, or in the event of market crises and for a limited period of time, the Commission may adopt, by means of delegated acts, a tolerance for each standard beyond which the entire batch of products shall be considered as not respecting that standard.
Amendment 1308 #
2011/0281(COD)
Proposal for a regulation
Article 62 – paragraph 3 – subparagraph 1
Article 62 – paragraph 3 – subparagraph 1
Amendment 1311 #
2011/0281(COD)
Proposal for a regulation
Article 65 – paragraph 3
Article 65 – paragraph 3
3. Member States may allow the experimental use of unauthorised oenological practices in accordance with the conditions specified by the Commission, by means of delegated acts adopted pursuant to paragraph 4.
Amendment 1312 #
2011/0281(COD)
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
Taking into account the specificities in trade between the Union and certain third countries and the special character of some agricultural products, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to defineensuring that consumers are not being misled due to their expectations and habits, the conditions under which imported products are considered to have an equivalent level of compliance with the Union marketing standards and conditions allowing derogation from Article 58 and determinemay be defined, through the ordinary procedure, and the rules concerning the application of the marketing standards to products exported from the Union may be determined.
Amendment 1336 #
2011/0281(COD)
Proposal for a regulation
Article 70 – paragraph 2 – point d a (new)
Article 70 – paragraph 2 – point d a (new)
(da) include the name of the vine variety together with the geographical reference.
Amendment 1350 #
2011/0281(COD)
Proposal for a regulation
Article 71 – paragraph 2 – subparagraph 1 a (new)
Article 71 – paragraph 2 – subparagraph 1 a (new)
Amendment 1361 #
2011/0281(COD)
Proposal for a regulation
Article 80 – paragraph 3 a (new)
Article 80 – paragraph 3 a (new)
3a. Member States shall take the steps necessary to stop the unlawful use of protected designations of origin or protected geographical indications within the meaning of paragraph 2.
Amendment 1377 #
2011/0281(COD)
Proposal for a regulation
Article 86 – paragraph 4 – point a
Article 86 – paragraph 4 – point a
Amendment 1391 #
2011/0281(COD)
Proposal for a regulation
Article 86 – paragraph 6 – point b
Article 86 – paragraph 6 – point b
Amendment 1414 #
2011/0281(COD)
Proposal for a regulation
Article 96 – paragraph 1 – point g a (new)
Article 96 – paragraph 1 – point g a (new)
(ga) an indication of the sugary substances used to increase the alcohol content of the wines.
Amendment 1415 #
2011/0281(COD)
Proposal for a regulation
Article 96 – paragraph 3 a (new)
Article 96 – paragraph 3 a (new)
3a. By way of derogation from point (ga) of paragraph 1, the indication may be omitted in the following cases: (a) for sparkling and semi-sparkling wines obtained from cuvées produced without the addition of any sugary substances; (b) for all grapevine products for which added sugary substances have been used, where the latter derive solely from grapes.
Amendment 1616 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point c – point ii
Article 106 – paragraph 1 – point c – point ii
(ii) concentration of supply and the direct placing on the market of the products produced by its members;
Amendment 1645 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point c – point vii a (new)
Article 106 – paragraph 1 – point c – point vii a (new)
(viia) taking action to improve quality, especially at the market placement stage;
Amendment 1650 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point c – point vii b (new)
Article 106 – paragraph 1 – point c – point vii b (new)
(viib) implementing policies designed to strengthen producer organisations and associations of producer organisations from an organisational, commercial and financial point of view.
Amendment 1656 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point d
Article 106 – paragraph 1 – point d
Amendment 1828 #
2011/0281(COD)
Proposal for a regulation
Article 111 – paragraph 1
Article 111 – paragraph 1
Where rules of a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation are extended under Article 110 and the activities covered by those rules are in the general economic interest of persons whose activities relate to the products concerned, the Member State which has granted recognition may decide that individuals or groups, in addition to processors and merchants, which are not members of the organisation but which benefit from those activities shall pay the organisation all or part of the financial contributions paid by its members to the extent that such contributions are intended to cover costs directly incurred as a result of pursuing the activities in question.
Amendment 2179 #
2011/0281(COD)
Proposal for a regulation
Annex I – Part IX – product line (new)
Annex I – Part IX – product line (new)
0714201 Sweet potatoes, fresh, whole, and intended for human consumption.
Amendment 2204 #
2011/0281(COD)
Proposal for a regulation
Annex VI – Part I – point I – paragraph 2 – point B – introductory part
Annex VI – Part I – point I – paragraph 2 – point B – introductory part
B) Category Z: bovine animals aged from 8 months to lessno more than 12 months
Amendment 133 #
2011/0280(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to take into account specific new elements and to guarantee the protection of the rights of beneficiaries, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of laying down further definitions regarding the access to support under this Regulation, establishing the framework within which Member States shall define the minimum activities to be carried out on areas naturally kept in a state suitable for grazing or cultivation as well as the criteria to be met by farmers in order to be deemed to have respected the obligation of maintaining the agricultural area in– the state suitable for production and the criteria to detat is, any area taken up by arable land, permanent grassland and pasture or permiane the predominance of grasses and other herbaceous forage as regards permanent grasslandnt crops – in the state suitable for production.
Amendment 179 #
2011/0280(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Due to the successive integration of various sectors into the single payment scheme and the ensuing period of adjustment granted to farmers, it has become increasingly difficult to justify the presence of significant individual differences in the level of support per hectare resulting from use of historical references. Therefore direct income support should be more equitably distributed between Member States, by reducing the link to historical references and having regard to the overall context of the Union budget. To ensure a more equal distribution of direct support, while taking account of the differences that still exist in wage levels and input costs, the levels of direct support per hectare should be progressively adjusted. Member States with direct payments below the level of 90 % of the average should close one third of the gap between their current level and this level. This convergence should be financed proportionally by all Member States with direct payments above the UnThe redistribution of direct payments should comply with the basic principles of Europa 2020, while highlighting the need to use Union resources for economic growth. To that end, direct payments should be redistributed on the basis of appropriate, objective and non-discriminatory criteria such as the value of agricultural production, averagedded value, labour and purchasing power. In addition, all payment entitlements activated in 201922 in a Member State or in a region should haveapproximate to or reach a uniform unit value following a convergence towards this value that should take place during the transition period in linear steps. However, in order to avoid disruptive financial consequences for farmeproductive sectors, Member States having used the single payment scheme, and in particular the historical model, should be allowed to partially take historical factors into account when calculating the value of payment entitlements in the first year of application of the new scheme. The debate on the next Multiannual Financial Framework for the period starting in 2021 should also focus on the objective of complete convergence through the equal distributionmay retain an element of differentiation in relation to direct support in order to take account of differecnt support across the European Union during that periodtypes of land use.
Amendment 233 #
2011/0280(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) One of the objectives of the new CAP is the enhancement of environmental performance through a mandatory "greening" component of direct payments which will support agricultural practices beneficial for the climate and the environment applicable throughout the Union. For that purpose, Member States should use part of their national ceilings for direct payments to grant an annual payment, on top of the basic payment, for compulsory practices to be followed by farmers addressing, as a priority, both climate and environment policy goals. Those practisces should take the form of simple, generalised, non- contractual and annual actions that go beyond cross- compliance and are linked to agriculture such as crop diversification, maintenance of permanent grassland and pastures, of perennial crops associated with appropriate agronomic practices and of ecological focus areas. The compulsory nature of those practisces should also concern farmers whose holdings are fully or partly situated in "‘Natura 2000"’ areas covered by Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora and by Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, as long as these practisces are compatible with the objectives of those Directives. Farmers who fulfil the conditions laid down in Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 should benefit from the "‘greening"’ component without fulfilling any further obligation, given the recognised environmental benefits of the organic farming systems. Non-respect of the "greening" compThe same should apply to farmers who sign up for agri-environmental programmes as an aspect of rural development or take part in a national certification scheme of recognised environmental value, or who comply with the environment should lead to penalties on the basis of Article 65 of Regulation (EU) No […] [HZR]al guidelines applicable to sustainable operational programmes under the Single CMO, or who adhere to agri-environmental schemes approved at national level.
Amendment 256 #
2011/0280(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In order to ensure that the land under permanent grassland and permanent crops is maintained as such by the farmers, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of the adoption of rules concerning the application of the measure.
Amendment 270 #
2011/0280(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) In order to promote the sustainable development of agriculture in areas with specific natural constraints and abandoned areas, Member States should be able to use part of their national ceilings for direct payments to grant an annual area-based paymentpayment based on new criteria such as gross marketable output, added value or the number of workers employed, on top of the basic payment, to all farmers operating in such areas. That payment should not replace the support given under rural development programs and should not be granted to farmers in areas which were designated in accordance with Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) but have not been designated in accordance with Article 46(1) of Regulation (EU) No […] of the European Parliament and of the Council of …. on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) [RDR].
Amendment 277 #
2011/0280(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 342 #
2011/0280(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b – point iv
Article 1 – paragraph 1 – point b – point iv
(iv) a payment for young farmers who commence their agricultural activity and for women in farming;
Amendment 550 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. No direct payments shall be granted to natural or legal persons, or to groups of natural or legal persons, whereMember States shall decide to grant direct payments to farmers in one of the following applicases:
Amendment 588 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the annual amount of direct payments is lessmore than 5 % of the total receiptsincome they obtained from non-agricultural activities in the most recent fiscal year; or
Amendment 610 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) their agricultural areas are mainly areas naturally kept in a state suitable for grazing or cultivation and they do not carry out on those areas the minimum activity established by Member States in accordance with Article 4(1)(c).;
Amendment 621 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(ba) they are identified in a national public register, on the basis of objective criteria, as are farmers;
Amendment 626 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b b (new)
Article 9 – paragraph 1 – point b b (new)
(bb) they devote a substantial amount of their working time to agricultural activities and earn a significant part of their income from such activities, in accordance with criteria established by the Member State.
Amendment 644 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Paragraph 1 shall not apply to farmers who received less than EUR 52 000 of direct payments for the previous year, to holdings in mountain areas affected by natural constraints or to holdings which restore abandoned areas.
Amendment 655 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
Entities such as transport companies, airports, real estate companies, companies managing sport grounds, motorway companies, campsites and mining companies shall not receive direct payments. After having notified the Commission, the Member States may decide to add other types of entity to those listed in paragraph 2a.
Amendment 776 #
2011/0280(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The amount referred to in paragraph 1 shall be calculated by subtracting the salaries effectively paid and deccost of labour (salaries, wages and vouchers), calcularted by the farmer in the previous year, including taxes and social on a flat-rate basis per labour unit used, also taking into accountributions related to employment work done by family members, from the total amount of direct payments initially due to the farmer without taking into account the payments to be granted pursuant to Chapter 2 of Title III of this Regulation.
Amendment 835 #
2011/0280(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 a (new)
Article 14 – paragraph 1 – subparagraph 1 a (new)
Before 1 August 2013, Belgium, Denmark, France, Germany, Ireland, Italy, the Netherlands, Spain, Sweden and the United Kingdom may decide to increase by a maximum of 10 points the percentage of their annual ceilings referred to in the first subparagraph.
Amendment 852 #
2011/0280(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
(1a) Should Article 20 of this Regulation be applied, the Member States may make available to the regions the amount referred to in the first subparagraph, in accordance with objective and non-discriminatory criteria.
Amendment 897 #
2011/0280(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. By way of derogation from paragraph 2, Member States in which certain types of livestock farms are particularly important for economic and/or social reasons may retain their special entitlements until 31 December 2020.
Amendment 1263 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. FarmersMember States shall grant an annual payment for agricultural practices beneficial for the climate and the environment to farmers who are entitled to a payment under the basic payment scheme referred to in Chapter 1 shallwhen they observe on their eligible hectares as defined in Article 25(2) the following agricultural practises beneficial for the c, and in respect of which a greening applimcate and the environment: ion has been made, the following practices:
Amendment 1288 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) to have threewo different crops on their arable land where the arable land of the farmer covers more than 315 and up to 20 hectares, and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the yearthree different crops where the arable land of the farmer covers more than 50 hectares;
Amendment 1323 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) to maintain existing permanent grassland and pasture on their holding; and
Amendment 1330 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b a (new)
Article 29 – paragraph 1 – point b a (new)
(ba) to maintain existing permanent crops on their farms, together with specific agronomic practices; or
Amendment 1332 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b b (new)
Article 29 – paragraph 1 – point b b (new)
(bb) more than 70% of which is cultivated with crops under water for a significant part of the growing cycle, or a combination of these.
Amendment 1424 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 1
Article 29 – paragraph 4 – subparagraph 1
Farmers shall be entitled ipso facto to the payment referred to in this Chapter when they come within the following categories: – farmers complying with the requirements laid down in Article 29(1) of Regulation (EC) No° 834/2007 as regards organic farming shall be entitled ipso facto to the payment referred to in this Chapter, or – beneficiaries of agri-environment- climatic payments established pursuant to Article 39(2) of Regulation (EC) No 1698/2005 and/or Article 29 of Regulation (EU) No [...] [RDR]; – farmers who comply with the environmental guidelines applicable to sustainable operational programmes under the single CMO or with national agri-environmental guidelines.
Amendment 1452 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 2
Article 29 – paragraph 4 – subparagraph 2
The first subparagraph shall apply only to the units of a holding that are used for organic production in accordance with Article 11 of Regulation (EC) No 834/2007 or are covered by agri-environment- climate measures in accordance with Article 39(2) of Regulation (EC) No 1698/2005 and/or Article 29 of Regulation (EU) N° [...] [RDR] or by measures/actions provided for in the environmental guidelines applicable to sustainable operational programmes under the single CMO.
Amendment 1469 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
Amendment 1493 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
Amendment 1508 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Where the arable land of the farmer covers more than 315 hectares and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the yearup to 50 hectares, cultivation on the arable land shall consist of at least two different crops. None of those crops shall cover less than 10 % of the arable land. Where the arable land of the farmer covers more than 50 hectares, cultivation on the arable land shall consist of at least three different crops. None of those threeThe main crops shall not cover lessmore than 570 % of the arable land and the two main one shall not exceed 70crops together shall not cover more than 95 % of the arable land.
Amendment 1557 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. The first paragraph shall not apply to farms: – where the arable land is mainly used for grass production or other forage, mainly left fallow, mainly cultivated with crops under water for a significant part of the growing cycle, or a combination of these, or – where the arable land of the farmer covers up to 50 hectares and more than 80% of the eligible agricultural area of the holding is covered by permanent grassland and historical pastures, or by permanent crops.
Amendment 1574 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1 b (new)
Article 30 – paragraph 1 b (new)
1b. For the purposes of this article, “crop” means a crop of one of the genera defined in the botanical classification of crops or a crop of one of the species in the Brassicaceae, Solonaceae and Cucurbitaceae families, as well as land left fallow. However, autumn/winter crops and spring/summer crops shall be deemed to differ from each other even where they are of the same genus.
Amendment 1585 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down the definition of 'crop' andin order to add other crops to those listed in paragraph 1b and to establish the rules concerning the application of the precise calculation of shares of different crops.
Amendment 1705 #
2011/0280(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. FWhere the agricultural area, excluding areas under permanent grassland, covers more than 15 hectares, farmers shall ensure that at least 73 % of their eligible hectares as defined in Article 25(2), excluding areas under permanent grassland, is ecological focus area such as land left fallow, terraces, landscape features, buffer stripland under permanent crops, terraces, landscape features such as hedges or stone walls, buffer strips, land cultivated with crops under water for a significant part of the growing cycle, land under soil-improving crops such as pulses and afforested areas as referred to in article 25(2)(b)(ii).
Amendment 1908 #
2011/0280(COD)
Proposal for a regulation
Title 3 – chapter 4 – title
Title 3 – chapter 4 – title
Payments for young farmers and women in farming
Amendment 1935 #
2011/0280(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Member States shall grant an annual payment to young farmers and to women engaged in farming and contributing to the rural economy who are entitled to a payment under the basic payment scheme referred to in Chapter 1.
Amendment 1993 #
2011/0280(COD)
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1
Article 37 – paragraph 1 – subparagraph 1
In order to finance the payment referred to in Article 36, Member States shall use a percentage of the annual national ceiling set out in Annex II which shall not be higher than 24 %. They shall notify the Commission, by 1 August 2013, of the estimated percentage necessary to finance that payment.
Amendment 2000 #
2011/0280(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Without prejudice to the maximumfigure of 24 % set under paragraph 1, where the total amount of the payment applied for in a Member State in a particular year exceeds the ceiling set pursuant to paragraph 4, and where that ceiling is lower than 24 % of the annual national ceiling set out in Annex II, Member States shall apply a linear reduction to all payments to be granted to all farmers in accordance with Article 25.
Amendment 2025 #
2011/0280(COD)
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2
Article 38 – paragraph 1 – subparagraph 2
Coupled support may be granted to the following sectors and productions: cereals, oilseeds, protein crops, grain legumes, flax, hemp, rice, nuts, starch pot referred to in Annex I to the Treatoy, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, olive oil, silk worms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables and short rotation coppicewith the exception of fisheries products.
Amendment 2251 #
2011/0280(COD)
Proposal for a regulation
Article 49 – paragraph 1 – subparagraph 1 – point b a (new)
Article 49 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) a level equal to the amount to which the farmer would be entitled in respect of the number of hectares declared for the 2014 calendar year.
Amendment 2288 #
2011/0280(COD)
Proposal for a regulation
Annex II
Annex II
[The breakdown of resources among the Member States that is put forward in Annex II should be reviewed on the basis of objective criteria, as provided for in Recital 21.]
Amendment 108 #
2011/0187(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point k
Article 2 – paragraph 2 – point k
(k) ‘regulated data roaming service’ means a roaming service enabling the use of packet switched data communications by a roaming customer by means of his mobile telephone or other mobile device while it is connected to a visited network. A regulated data roaming service does not include the transmission or receipt of regulated roaming calls or SMS messages, but does include the transmission and receipt of MMS messages and machine to machine (M2M) data communication;
Amendment 111 #
2011/0187(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point m
Article 2 – paragraph 2 – point m
(m) ‘alternative roaming provider’ means a home provider, different from the operator providing domestic mobile communication services, that provides a roaming customer with roaming services via its own network or as a mobile virtual network operator or reseller;
Amendment 115 #
2011/0187(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point o
Article 2 – paragraph 2 – point o
Amendment 117 #
2011/0187(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Mobile network operators shall meet all reasonable requests for wholesale roaming access, including those from mobile virtual network operators and resellers. The request for wholesale roaming access shall remain proportional and adapted to the party requesting access. Rules on regulated wholesale roaming tariffs laid down in Articles 6, 8 and 11 shall apply for the provision of wholesale roaming access. Those rules shall be without prejudice to the recovery of other costs linked to the delivery of the wholesale roaming access by the mobile network operator.
Amendment 118 #
2011/0187(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Wholesale roaming access shall cover as long as proportionality is guaranteed access to all network elements and associated facilities, relevant services, software and information systems, necessary for the provision of roaming services to customers. Additional services which go beyond basic wholesale roaming access, for example the provision of billing or customer care services should be reimbursed.
Amendment 119 #
2011/0187(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Wholesale roaming access request shall be granted within a twosix month period from the receipt of the request by the network operator.
Amendment 122 #
2011/0187(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point k
Article 2 – paragraph 2 – point k
(k) ‘regulated data roaming service’ means a roaming service enabling the use of packet switched data communications by a roaming customer by means of his mobile telephone or other mobile device while it is connected to a visited network. A regulated data roaming service does not include the transmission or receipt of regulated roaming calls or SMS messages, but does include the transmission and receipt of MMS messages; and machine to machine data communication.
Amendment 126 #
2011/0187(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point m
Article 2 – paragraph 2 – point m
(m) ‘alternative roaming provider’ means a home provider, different from the operator providing domestic mobile communication services, that provides a roaming customer with roaming services via its own network or as a mobile virtual network operator or reseller;
Amendment 128 #
2011/0187(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point o
Article 2 – paragraph 2 – point o
Amendment 137 #
2011/0187(COD)
Proposal for a regulation
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6a. The obligations provided for in paragraphs (1) to (6) of this Article and Article 5 shall not apply to home providers who offer to all of their subscribers roaming tariffs significantly close to the tariffs levied from the roaming customer for domestic voice, SMS and data services by 1 July 2014. BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down within a reasonable period of time not exceeding three months after the adoption of this Regulation the guidelines with regard to the definition of roaming tariffs significantly close to domestic tariffs.
Amendment 138 #
2011/0187(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Mobile network operators shall meet all reasonable requests for wholesale roaming access, including those from mobile virtual network operators and resellers. The request for wholesale roaming access should remain proportional and adapted to the party requesting access. Rules on regulated wholesale roaming tariffs laid down in Articles 6, 8 and 11 shall apply for the provision of wholesale roaming access. Those rules are without prejudice to the recovery of other costs linked to the delivery of the wholesale roaming access by the mobile network operator.
Amendment 142 #
2011/0187(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a The obligations provided for in paragraphs (1) to (6) of Article 4 and Article 5 shall not apply to home providers who offer to all of their subscribers roaming tariffs significantly close to the tariffs levied from the roaming customer for domestic voice, SMS and data services by 1 July 2014. BEREC shall, after consulting stakeholders and in close co-operation with the Commission, lay down within a reasonable period of time, not exceeding three months after the adoption of this Regulation, guidelines with regard to the definition of roaming tariffs significantly close to domestic tariffs.
Amendment 145 #
2011/0187(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Wholesale roaming access shall cover as long as proportionality is guaranteed access to all network elements and associated facilities, relevant services, software and information systems, necessary for the provision of roaming services to customers. Additional services beyond basic wholesale roaming access, for example the provision of billing or customer care services should be reimbursed.
Amendment 149 #
2011/0187(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
For the purpose of separate sale of roaming services, operators shall make sure that facilities are in place by 1 July 2014 at the latest, to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators may in particular allow the use of a ‘EU roaming profile’ on the same SIM card and the use of the same terminal alongside domestic mobile services. Pricing for interconnection related to the provision of this facility shall be cost-orientated and there should be no direct charges to consumers for the use of this facility.
Amendment 150 #
2011/0187(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Wholesale roaming access request shall be granted within a twosix-month period from the receipt of the request by the network operator.
Amendment 154 #
2011/0187(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,143 per minute as of 1 July 2012.
Amendment 163 #
2011/0187(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,10 and EUR 0,067, on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 139, the maximum average wholesale charge shall remain at EUR 0,067 for the duration of this Regulation.
Amendment 170 #
2011/0187(COD)
Proposal for a regulation
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6a. The obligations provided for in paragraphs 1 to 6 above and Article 5 shall not apply to home providers who offer to all of their subscribers roaming tariffs significantly close to the tariffs levied from the roaming customer for domestic voice, SMS and data services by 1 July 2014. BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down, within a reasonable period of time not exceeding three months after the adoption of this Regulation, guidelines with regard to the definition of roaming tariffs significantly close to domestic tariffs.
Amendment 174 #
2011/0187(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,320 per minute for any call made or EUR 0,110 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,285 and EUR 0,241 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,108 on 1 July 2013 and EUR 0,07 on 1 July 2014. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.
Amendment 192 #
2011/0187(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
For the purpose of separate sale of roaming services, operators shall make sure that facilities are in place by 1 July 2014 at the latest, to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators may in particular allow the use of an "EU roaming profile" on the same SIM card and the use of the same terminal alongside domestic mobile services. Pricing for interconnection related to the provision of this facility shall be cost-orientated and there should be no direct charges to consumers for the use of this facility.
Amendment 193 #
2011/0187(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,10shall decrease to EUR 0,09 on 1 July 2012, 0,07 on 1 July 2013 and 0,06 on 1 July 2014. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,106 until 30 June 2016.
Amendment 206 #
2011/0187(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,230, EUR 0,2017 as of 1 July 2013 and EUR 0,10 as of 1 July 2014 per megabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,10 per megabyte of data transmitted for the duration of this Regulation.
Amendment 211 #
2011/0187(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,143 per minute as of 1 July 2012.
Amendment 218 #
2011/0187(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,10 and EUR 0,067 , on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 139, the maximum average wholesale charge shall remain at EUR 0,067 for the duration of this Regulation.
Amendment 220 #
2011/0187(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,970 per megabyte. The price ceiling for data used shall decrease to EUR 0,750 and EUR 0,50,30 per megabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,50,30 per megabyte used until 30 June 2016.
Amendment 233 #
2011/0187(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,320 per minute for any call made or EUR 0,110 per minute for any call received as of 1 July 2012 . The price ceiling for calls made shall decrease to EUR 0,285 and EUR 0,241 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,108 on 1 July 2013 and 0,07 on 1 July 2014. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.
Amendment 257 #
2011/0187(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. With effect from 1 July 2012 , the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,10 shall decrease to EUR 0,09 on 1 July 2012, EUR 0,07 on 1 July 2013 and to EUR 0,06 on 1 July 2014. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,106 until 30 June 2016.
Amendment 274 #
2011/0187(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,230, EUR 0,2017 as of 1 July 2013 and EUR 0,10 as of 1 July 2014 per megabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,10 per megabyte of data transmitted for the duration of this Regulation.
Amendment 291 #
2011/0187(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,970 per megabyte. The price ceiling for data used shall decrease to EUR 0,750 and EUR 0,530, per megabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,530, per megabyte used until 30 June 2016.
Amendment 158 #
2011/0177(APP)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Points to the significant savings that could be made if the European Parliament were to have a single seat; urges the budgetary authority to raise this issue in the negotiations on the next MFF 2014-2020;
Amendment 8 #
2011/0156(COD)
Proposal for a regulation
Title
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on food intended for infants and young children and on food for special medical purposes and foodstuffs for people intolerant to gluten(presented by the Commission pursuant to Article 114 of the Treaty on the Functioning of the European Union)(Text with EEA relevance)
Amendment 17 #
2011/0156(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) A limited number of categories of food constitutes the sole source of nourishment of certain groups of the population or represent a partial source of nourishment; such categories of food are vital for the management of certain conditions and/or are essential to maintain the intended nutritional adequacy for certain well-established vulnerable groups of the population. Those categories of food include infant formulae and follow-on formulae, processed cereal-based food and baby food and food for special medical purposes, and food for people intolerant to gluten. Experience has shown that the provisions laid down in Commission Directive 2006/141/EC, Commission Directive 2006/125/EC, as well as Commission Directive 1999/21/EC, and Commission Regulation (EC) No 41/2009 ensure the free movement of such food in a satisfactory manner, while ensuring a high level of protection of public health. It is therefore appropriate that this Regulation focuses on the general compositional and information requirements for infant formula and follow-on formulae, processed cereal-based food and baby food for infants and young children and to food for special medical purposes, and food for people intolerant to gluten taking into account Commission Directive 2006/141/EC, Commission Directive 2006/125/EC and Commission Directive 1999/21/EC, and Commission Regulation (EC) No 41/2009.
Amendment 20 #
2011/0156(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure legal certainty, definitions laid down in Commission Directive 2006/141/EC, Commission Directive 2006/125/EC and Commission Directive 1999/21/EC, and Commission Regulation (EC) No 41/2009 should be transferred to this Regulation. However, the definitions of infant formulae and follow-on formulae, processed cereal-based food and baby food, and food for special medical purposes, and food for people intolerant to gluten should be regularly adapted taking into account technical and scientific progress and relevant developments at international level, as appropriate.
Amendment 23 #
2011/0156(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on food intended for infants and young children and on, foods for special medical purposes and foodstuffs for people intolerant to gluten (presented by the Commission pursuant to Article 114 of the Treaty on the Functioning of the European Union) (Text with EEA relevance)
Amendment 30 #
2011/0156(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) This Regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula, follow-on formula, processed cereal-based food and baby food, and food for special medical purposes, and food for people intolerant to gluten, taking into account Commission Directive 2006/141/EC, Commission Directive 2006/125/EC and Commission Directive 1999/21/EC, Commission Regulation (EC) No 41/2009. In order to adapt the definitions of infant formula, follow-on formula, processed cereal-based food and baby food, and food for special medical purposes, and food for people intolerant to gluten laid down in this Regulation taking into account technical and scientific progress and relevant developments at international level, to lay down the specific compositional and information requirements with respect to the categories of food covered by this Regulation, including for additional labelling requirements to, or derogations from, the provisions of Directive 2000/13/EC and for the authorisation of nutrition and health claims, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 33 #
2011/0156(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) It is appropriate to establish and update a Union list of vitamins, minerals, amino acids and other substances that may be added for specific nutritional purposes to infant formula, follow-on formula, processed cereal-based food and baby food, and food for special medical purposes, and food for people intolerant to gluten, taking into account Regulation 953/2009, Commission Directives 2006/141/EC and 2006/125/EC, subject to certain criteria laid down in this Regulation. Given the fact that the adoption of the list implies the application of criteria set out in this Regulation, implementing powers should be conferred on the Commission in that respect. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers. The Commission should adopt immediately applicable implementing acts updating the Union list, where, in duly justified cases relating to public health, imperative grounds of urgency so require.
Amendment 33 #
2011/0156(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) A limited number of categories of food constitutes the sole source of nourishment of certain groups of the population or represent a partial source of nourishment; such categories of food are vital for the management of certain conditions and/or are essential to maintain the intended nutritional adequacy for certain well-established vulnerable groups of the population. Those categories of food include infant formulae and follow-on formulae, processed cereal-based food and baby food and, food for special medical purposes and foodstuffs for people intolerant to gluten. Experience has shown that the provisions laid down in Commission Directive 2006/141/EC, Commission Directive 2006/125/EC, as well as Commission Directive 1999/21/EC and Commission Regulation (EC) No 41/2009 ensure the free movement of such food in a satisfactory manner, while ensuring a high level of protection of public health. It is therefore appropriate that this Regulation focuses on the general compositional and information requirements for infant formula and follow-on formulae, processed cereal- based food and baby food for infants and young children and to, food for special medical purposes and foodstuffs for people intolerant to gluten, taking into account Commission Directive 2006/141/EC, Commission Directive 2006/125/EC and, Commission Directive 1999/21/EC and Commission Regulation (EC) No 41/2009.
Amendment 37 #
2011/0156(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Currently, the statements ‘gluten-free’ and ‘very low gluten’ may be used for food intended for particular nutritional uses and for food for normal consumptiofor specialised nutrition intended for people intolerant to gluten under the rules specified in article 3 of Commission Regulation (EC) No 41/2009 concerning the composition and labelling of foodstuffs suitable for people intolerant to gluten. Such statements could be construed as nutrition claims, as defined in Regulation (EC) No 1924/2006. For the sake of simplification, those statements should be regulated solely by Regulation (EC) No 1924/2006 and comply with requirements therein. It is necessary that technical adaptations pursuant to Regulation (EC) No 1924/2006, incorporating the nutrition claims ‘gluten-free’ and ‘very low gluten’ and their associated conditions of use as regulated under Regulation (EC) No 41/2009 be completed prior to the entry into application of this RegulationIn addition, the statement ‘gluten-free’ may be used for foodstuffs for normal consumption and other food for specialised nutrition suitable for people intolerant to gluten under the rules specified in article 4 of Commission Regulation (EC) No 41/2009 concerning the composition and labelling of foodstuffs suitable for people intolerant to gluten which do not allow the use of the statement ‘very low gluten’ for these foods. Such food for specialized nutrition intended for people intolerant to gluten shall be maintained in this Regulation, as providing such safe food intended for people intolerant to gluten and informing coeliacs about the absence of gluten is vital to the management of the disease. This is in line with the international standard for food for special dietary use for persons intolerant to gluten (CODEX STAN 118-1979 revised in 2008). Also the conditions of use of the claim ‘gluten-free’ for food for normal consumption should be maintained in Regulation (CE) No 41/2009.
Amendment 38 #
2011/0156(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure legal certainty, definitions laid down in Commission Directive 2006/141/EC, Commission Directive 2006/125/EC and, Commission Directive 1999/21/EC and Commission Regulation (EC) No 41/2009 should be transferred to this Regulation. However, the definitions of infant formulae and follow-on formulae, processed cereal-based food and baby food, and food for special medical purposes and foodstuffs for people intolerant to gluten should be regularly adapted taking into account technical and scientific progress and relevant developments at international level, as appropriate.
Amendment 43 #
2011/0156(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. This Regulation establishes compositional and information requirements for the following categories of food for specialized nutrition:
Amendment 44 #
2011/0156(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) This Regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula, follow-on formula, processed cereal-based food and baby food, and food for special medical purposes and foodstuffs for people intolerant to gluten, taking into account Commission Directive 2006/141/EC, Commission Directive 2006/125/EC and, Commission Directive 1999/21/EC and Commission Regulation (EC) No 41/2009. In order to adapt the definitions of infant formula, follow-on formula, processed cereal-based food and baby food, and food for special medical purposes and foodstuffs for people intolerant to gluten laid down in this Regulation taking into account technical and scientific progress and relevant developments at international level, to lay down the specific compositional and information requirements with respect to the categories of food covered by this Regulation, including for additional labelling requirements to, or derogations from, the provisions of Directive 2000/13/EC and for the authorisation of nutrition and health claims, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 46 #
2011/0156(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(c a) food for people intolerant to gluten
Amendment 50 #
2011/0156(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point h a (new)
Article 2 – paragraph 2 – point h a (new)
(h a) ‘food for people intolerant to gluten’ means foodstuffs for particular nutritional uses which are specially produced, prepared and/or processed to meet the special dietary needs of people intolerant to gluten
Amendment 52 #
2011/0156(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) It is appropriate to establish and update a Union list of vitamins, minerals, amino acids and other substances that may be addedsubstances that may be added for specific nutritional purposes to infant formula, follow-on formula, processed cereal-based food and baby food, and food for special medical purposes and foodstuffs for people intolerant to gluten, taking into account Regulation (EC) No 953/2009, and Commission Directives 2006/141/EC and 2006/125/EC, subject to certain criteria laid down in this Regulation. Given the fact that the adoption of the list implies the application of criteria set out in this Regulation, implementing powers should be conferred on the Commission in that respect. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers. The Commission should adopt immediately applicable implementing acts updating the Union list, where, in duly justified cases relating to public health, imperative grounds of urgency so require.
Amendment 54 #
2011/0156(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 15 to adapt the definitions of ‘infant formula’, ‘follow-on formula’, ‘processed cereal-based food’ and ‘baby food’ and ‘food for special medical purposes’, and ‘food for people intolerant to gluten’ taking into account technical and scientific progress and relevant developments at international level, as appropriate.
Amendment 56 #
2011/0156(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Currently, the statements ‘gluten-free’ and ‘very low gluten’ may be used for food intended for particular nutritional uses and for food for normal consumptios for specialised nutrition intended for people intolerant to gluten under the rules specified in CommissionArticle 3 of Regulation (EC) No 41/2009 concerning the composition and labelling of foodstuffs suitable for people intolerant to gluten. Such statements could be construed as nutrition claims, as defined in Regulation (EC) No 1924/2006. For the sake of simplification, those statements should be regulated solely by Regulation (EC) No 1924/2006 and comply with requirements therein. It is necessary that technical adaptations. In addition, the statement ‘gluten-free’ may be used for foodstuffs for normal consumption and other foods for specialised nutrition suitable for people intolerant to gluten under the rules specified in Article 4 of Regulation (EC) No 41/2009 which do not allow the use of the statement ‘very low gluten’ for these foods. Such foods for specialized nutrition intended for people intolerant to gluten should be maintained in this Regulation, as providing such safe foods intended for people intolerant to gluten and informing coeliacs about the absence of gluten is vital to the management of the disease. This is in line with the international standard for foods for special dietary use for puersuant to Regulation (EC) No 1924/2006, incorporatingons intolerant to gluten (CODEX STAN 118- 1979 revised in 2008). Also the nutrconditions of use of the claims ‘gluten-free’ and ‘very low gluten’ and their associated conditions of use as regulated under Regulation (EC) No 41/2009 be completed prior to the entry into application of this Regulationfor foods for normal consumption should be maintained in the Regulation (EC) No 41/2009.
Amendment 57 #
2011/0156(COD)
Proposal for a regulation
Title
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on food intended for infants and young children and, on food for special medical purposes and on foodstuffs for people intolerant to gluten
Amendment 65 #
2011/0156(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. TParagraph 3 shall not prevent the dissemination of any useful information or recommendations with reference to the categories of food referred to in Article 1 (1) may be made exclusively byexclusively intended for persons having qualifications in medicine, nutrition, pharmacy or other professionals responsible for maternal and child health care.
Amendment 68 #
2011/0156(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) A limited number of categories of food constitutes the sole source of nourishment of certain groups of the population or represent a partial source of nourishment; such categories of food are vital for the management of certain conditions and/or are essential to maintain the intended nutritional adequacy for certain well-established vulnerable groups of the population. Those categories of food include infant formulae and follow-on formulae, processed cereal-based food and baby food and, food for special medical purposes, and foods for people intolerant to gluten. Experience has shown that the provisions laid down in Commission Directive 2006/141/EC, Commission Directive 2006/125/EC, as well as Commission Directive 1999/21/EC, and Commission Regulation 41/2009 ensure the free movement of such food in a satisfactory manner, while ensuring a high level of protection of public health. It is therefore appropriate that this Regulation focuses on the general compositional and information requirements for infant formula and follow-on formulae, processed cereal- based food and baby food for infants and young children and to, food for special medical purposes, and foods for people intolerant to gluten, taking into account Commission Directive 2006/141/EC, Commission Directive 2006/125/EC and Commission Directive 1999/21/EC, and Commission Regulation (EC) No 41/2009.
Amendment 71 #
2011/0156(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Subject to the general requirements of Articles 7 and 9 and taking into account Directive 2006/141/EC, Directive 2006/125/EC and Directive 1999/21/EC, and Regulation (EC) No 41/2009 as well as any technical and scientific progress, the Commission shall be empowered to adopt delegated Regulations, for foods covered under Article 1(1) no later than [2 years after the date of the entry into force of this Regulation], in accordance with Article 15, with respect to the following:
Amendment 76 #
2011/0156(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure legal certainty, definitions laid down in Commission Directive 2006/141/EC, Commission Directive 2006/125/EC and, Commission Directive 1999/21/EC, and Commission Regulation 41/2009 should be transferred to this Regulation. However, the definitions of infant formulae and follow-on formulae, processed cereal-based food and baby food, and food for special medical purposes, and foods for people intolerant to gluten should be regularly adapted taking into account technical and scientific progress and relevant developments at international level, as appropriate.
Amendment 77 #
2011/0156(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(ca) foodstuffs for people intolerant to gluten;
Amendment 88 #
2011/0156(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) This Regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula, follow-on formula, processed cereal-based food and baby food, and food for special medical purposes, and foods for people intolerant to gluten, taking into account Commission Directive 2006/141/EC, Commission Directive 2006/125/EC and, Commission Directive 1999/21/EC, Commission Regulation (EC) No 41/2009. In order to adapt the definitions of infant formula, follow-on formula, processed cereal-based food and baby food, and food for special medical purposes, and foods for people intolerant to gluten laid down in this Regulation taking into account technical and scientific progress and relevant developments at international level, to lay down the specific compositional and information requirements with respect to the categories of food covered by this Regulation, including for additional labelling requirements to, or derogations from, the provisions of Directive 2000/13/EC and for the authorisation of nutrition and health claims, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 91 #
2011/0156(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 94 #
2011/0156(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point h a (new)
Article 2 – paragraph 2 – point h a (new)
(ha) ‘foodstuffs for people intolerant to gluten’ means foodstuffs for particular nutritional uses which are specially produced, prepared and/or processed to meet the special dietary needs of people intolerant to gluten.
Amendment 101 #
2011/0156(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) It is appropriate to establish and update a Union list of vitamins, minerals, amino acids and other substances that may be addedsubstances that may be added for specific nutritional purposes to infant formula, follow-on formula, processed cereal-based food and baby foods, and food for special medical purposes, and foods for people intolerant to gluten, taking into account Regulation (EC) No. 953/2009, Commission Directives 2006/141/EC and 2006/125/EC, subject to certain criteria laid down in this Regulation. Given the fact that the adoption of the list implies the application of criteria set out in this Regulation, implementing powers should be conferred on the Commission in that respect. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers. The Commission should adopt immediately applicable implementing acts updating the Union list, where, in duly justified cases relating to public health, imperative grounds of urgency so require.
Amendment 103 #
2011/0156(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 15 to adapt the definitions of ‘infant formula’, ‘follow-on formula’, ‘processed cereal-based food’ and ‘baby food’ and, ‘food for special medical purposes’ and ‘foodstuffs for people intolerant to gluten’ taking into account technical and scientific progress and relevant developments at international level, as appropriate.
Amendment 112 #
2011/0156(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Currently, the statements ‘'gluten-free’' and ‘'very low gluten’' may be used for food intended for particular nutritional uses and for food for normal consumptios for specialised nutrition intended for people intolerant to gluten under the rules specified in article 3 of Commission Regulation (EC) No 41/2009 concerning the composition and labelling of foodstuffs suitable for people intolerant to gluten. Such statements could be construed as nutrition claims, as deIn addition, the statement 'gluten-free' may be used for foodstuffs for normal consumption and other foods for specialised nutrition suitable for people intolerant to gluten under the rules specifined in Regulation (EC) No 1924/2006. For the sake of simplification, those statements should be regulated solely by Regulation (EC) No 1924/2006 and comply with requirements therein. It is necessary that technical adaptations pursuant to Regulation (EC) No 1924/2006, incorporating the nutrition claims ‘gluten-free’ and ‘very low gluten’ and their associated conditions of use as regulated under Regulation (EC) No 41/2009 be completed prior to the entry into application ofarticle 4 of Commission Regulation (EC) No 41/2009 concerning the composition and labelling of foodstuffs suitable for people intolerant to gluten which do not allow the use of the statement 'very low gluten' for these foods. Such foods for specialized nutrition intended for people intolerant to gluten shall be maintained in this Regulation, as providing such safe foods intended for people intolerant to gluten and informing coeliacs about the absence of gluten is vital to the management of the disease. This is in line with the international standard for foods for special dietary use for persons intolerant to gluten (CODEX STAN 118-1979 revised in 2008). Also the conditions of use of the claim "gluten- free" for foods for normal consumption should be maintained in thise Regulation (CE) 41/2009.
Amendment 121 #
2011/0156(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. This Regulation establishes compositional and information requirements for the following categories of food for specialised nutrition:
Amendment 122 #
2011/0156(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. TParagraph 3 shall not prevent the dissemination of any useful information or recommendations with reference to the categories of food referred to in Article 1 (1) may be made exclusively byexclusively intended for persons having qualifications in medicine, nutrition, pharmacy or other professionals responsible for maternal and child health care.
Amendment 130 #
2011/0156(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(ca) food for people intolerant to gluten.
Amendment 130 #
2011/0156(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Subject to the general requirements of Articles 7 and 9 and taking into account Directive 2006/141/EC, Directive 2006/125/EC and, Directive 1999/21/EC and Regulation (EC) No 41/2009, as well as any technical and scientific progress, the Commission shall be empowered to adopt delegated Regulations, for foods referred to in Article 1(1) no later than [2 years after the date of the entry into force of this Regulation], in accordance with Article 15, with respect to the following:
Amendment 145 #
2011/0156(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 170 #
2011/0156(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 15 to adapt the definitions of ‘'infant formula’', ‘'follow-on formula’', ‘'processed cereal-based food’' and ‘'baby food’ and ‘', 'food for special medical purposes’', and 'food for people intolerant to gluten' taking into account technical and scientific progress and relevant developments at international level, as appropriate.
Amendment 208 #
2011/0156(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Subject to the general requirements of Articles 7 and 9 and taking into account Directive 2006/141/EC, Directive 2006/125/EC and, Directive 1999/21/EC and Regulation (EC) No 41/2009, as well as any technical and scientific progress, the Commission shall be empowered to adopt delegated Regulations, for foods covered by Article 1(1) no later than [2 years after the date of the entry into force of this Regulation], in accordance with Article 15, with respect to the following:
Amendment 268 #
2011/0156(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 79 #
2011/0150(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The development of voluntary standards on services should be market- driven whereby the needs of the economic operators and stakeholders directly or indirectly affected by the standard prevail and should take into account the public interest and be based on consensus. They should primarily focus on services linked to products and processes. Accordingly, such standards should not cover performance of services provided in the exercise of a liberal profession within the meaning of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications.
Amendment 93 #
2011/0150(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) It is important, to this effect, to encourage the exchange of best practices between National Standardisation Organisations on how to best facilitate and enhance the participation of SMEs in standardisation activities.
Amendment 119 #
2011/0150(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – introductory part
Article 2 – paragraph 1 – point 1 – introductory part
(1) ‘standard’ means a technical specification established by consensus and approved by a recognised standardisation organisation for repeated or continuous applicationuse, with which compliance is not compulsory, and which is one of the following:
Amendment 149 #
2011/0150(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. During the preparation of a European standard or after its approval, National Standardisation Organisations shall not take any action which could prejudice the harmonisation intended and, in particular, shall not publish in the field in question a new or revised national standard which is not completely in line with any existing European standard. On publication of a new European standard, all conflicting national standards shall be withdrawn.
Amendment 173 #
2011/0150(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. European standardisation bodies shall ensurable an appropriate representation, at technical level, of undertakings, research centres, the Commission's Joint Research Centre, and universities and other legal entities, in standardisation activities concerning an emerging area with significant policy or technical innovation implications, if the legal entities concerned participated in a project that is related to that area and that is funded by the Union under a multiannual framework programme for activities in the area of research, innovation and technological development.
Amendment 207 #
2011/0150(COD)
Proposal for a regulation
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. When the Commission has not been informed of any objection to a harmonised standard or has considered that the objection is not justified, it shall publish it without delay in the Official Journal of European Union.
Amendment 218 #
2011/0150(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Either on proposal from a Member State, a public authority referred to in Directive 2004/18/EC or on its own initiative the Commission may decide to recogni, after consultation with the European Standardisation Organisations and relevant stakeholders, to use technical specifications which are not national, European or international standards and meet the requirements set out in Annex II, as ICT standards.
Amendment 224 #
2011/0150(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(c) the performance of preliminary or ancillary work in connection with European standardisation, including studies, cooperation activities, including international cooperation, seminars, evaluations, comparative analyses, research work, laboratory work, inter-laboratory tests, conformity evaluation work and measures to ensure that the periods for the development and the revision of European standards or European standardisation deliverables are shortened;
Amendment 227 #
2011/0150(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
(d) the activities of the central secretariats of the European standardisation bodies, including policy development, the coordination of standardisation activities, international regulatory dialogue, the processing of technical work and the provision of information to interested parties;
Amendment 246 #
2011/0150(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) adapt the criteria for recognising standardthe use of technical specifications in the field of ICT set out in Annex II to technical developments;
Amendment 255 #
2011/0150(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 256 #
2011/0150(COD)
Proposal for a regulation
Annex 2 – heading 1
Annex 2 – heading 1
REQUIREMENTS FOR THE RECOGNITIONUSE OF TECHNICAL SPECIFICATIONS IN THE FIELD OF ICT
Amendment 1837 #
2011/0011(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 operations under its responsibility.
Amendment 1884 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The controller and the processor and, if any, the controller's representative, shall make the documentation available, on request, to the supervisory authority.
Amendment 1911 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
Amendment 1957 #
2011/0011(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In the case of a personal data breach, the controller shall without undue delay and, where relating to special categories of personal data, personal data which are subject to profeassible, not later than 24 hours after having become aware of it, notify theonal secrecy, personal data relating to criminal offences or to the suspicion of a criminal act or 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 hourslating to bank or credit card accounts, which seriously threaten the rights or legitimate interests of the data subject, the controller shall without undue delay notify the personal data breach to the supervisory authority.
Amendment 2003 #
2011/0011(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The communication of a personal data breach to the data subject shall not be required if the controller demonstrates to the satisfaction of the supervisory authority that itdata breach has not produced significant harm and the controller has implemented appropriate technological protection measures, and that those measures were applied to the data concerned by the personal data breach. Such technological protection measures shall render the data unintelligible, unusable or anonymised to any person who is not authorised to access to it.
Amendment 35 #
2010/2274(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that the Universal service is not a right or the key driver for achieving the ‘broadband for all’ objective given the high investment costs required, without necessarily being able to provide significantly improved services to consumers and that increasing high speed broadband will be best achieved through market development;
Amendment 36 #
2010/2274(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 40 #
2010/2274(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that spectrum policy, enabling the harmonised use of the ‘digital dividend,’ and investment-friendly regulation are also important instruments to increase broadband coverage;
Amendment 41 #
2010/2274(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Stresses, that as far as financing is concerned in areas where broadband roll- out is not commercially viable, European and national public funding e.g., European structural or regional development funds should be the preferred option;
Amendment 43 #
2010/2274(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to complete the ongoing impact assessment and provide legislators with sound data on the existing take-up, the expected demand and improvement of USOs through broadband, and finally, an analysis of the most effective financing package, for Member States, consumers and undertakings, for rolling out USOmechanism in order to avoid inefficient costs and excessive burdens upon industry players;
Amendment 3 #
2010/2206(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Amendment 21 #
2010/2206(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to support the proposal by the hotel industry to harmonise the classification of hotels and quality standards and to take legislative action if such harmonisation cannot be achieved throughout the EU;
Amendment 30 #
2010/2206(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 41 #
2010/2206(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to support barrier-free and age-adapted tourism and introduce a European quality label for tourist destinations which make barrier- free travel possible for the elderly and persons with disabilities; notes that with this aim in view the Calypso programme should be assessed, in conjunction with stakeholders, and, if appropriate, continued.
Amendment 15 #
2010/2137(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Asks the Commission to seek the completion of the single railway market through the deregulation of national passenger transport markets; calls on the Commission during the transitional period to propose reciprocity clauses for Member States which decide to open up their own markets in advance;
Amendment 59 #
2010/2109(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Takes the view that incentives to renovate the urban building stock, also by using the Structural Funds, could enable rents to be reduced (public-private partnership) and could facilitate the return of businesses, particularly local ones, which are instrumental to economic and social development;
Amendment 4 #
2010/2051(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Monti report on a new strategy for the single market affirms that standardisation is key for the governance of the single market and emphasises that it is necessary to review the European standards process, maintaining the benefits of the current system and striking the right balance between the European and national dimensions,
Amendment 9 #
2010/2051(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. whereas a modern and flexible European standardisation system is a crucial component for an ambitious and renewed European industrial policy;
Amendment 10 #
2010/2051(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas it is necessary to develop a strategic approach to European standardisation and review the current system in order for it to remain successful and respond to the needs of the forthcoming decade,
Amendment 13 #
2010/2051(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises that the Commission's Asks the Commission to accompany the proposal for the review of the current legal framework on European standardisation must be accompanied bywith a strategy document establishing a comprehensive framework for action at European and national level, including concrete proposals for those improvements that cannot be implemented through the review of the legislation; stresses that such a strategy document should not be limited to the recommendations contained in the EXPRESS report;
Amendment 16 #
2010/2051(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Holds the view that the integration of the WTO principles in the legal framework should not increase the number of recognised European standardisation organisations (ESOs) beyond the three existing ones, namely CEN, CENELEC, and the European Telecom Standards Institute (ETSI),
Amendment 17 #
2010/2051(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Considers that these principles could be complemented by additional attributes such as maintenance, availability, quality, neutrality and accountability; believes that all those principles need to be further detailed and defined, and a specific monitoring system must be introduced to ensure their implementation at national and European level in the development of standards in support of EU policies and legislation;
Amendment 24 #
2010/2051(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses, however, that these principles are not in themselves sufficient to ensure that small and medium-sized enterprises and societall stakeholders – in particular those representing health and safety, consumer and environmental interests – are adequately represented in the standardisation process; considers, therefore, that a vital element is the addition of the principle of "balanced representation", given that it is of the utmostit is importancet, whenever the public interest is concerned, to incorporatetake into account all stakeholder positions in a balanced manner, especially in the development of standards intended to support EU legislation and policies;
Amendment 26 #
2010/2051(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Stresses that SMEs, although they represent an essential part of the European market, they are not adequately involved in the standardisation system and cannot, therefore, exploit entirely the benefits derived from standardisation; believes that it is essential to improve their representation and participation in the system, especially in the technical committees at national level; asks the European Commission to identify, through its impact assessment in the context of the revision of the European Standardisation System, the best way to reach this aim, evaluating the necessary funding to help SMEs;
Amendment 36 #
2010/2051(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Maintains that it is of the utmost importance to draw a clear line between legislation and standardisation in order to avoid any misinterpretation with regard to the objectives of the law and the desired level of protection; stresses that the European legislator must be highly vigilant and precise when defining the essential requirements in regulation, while the Commission must clearly and accurately define the objectives of the standardisation work in the mandates; stresses that the role of standardisers should be limited to defining the technical means of reaching the goals set by the legislator, while as well as ensuring a high level of protection;
Amendment 37 #
2010/2051(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Reiterates that it is essential for European standards to be developed within a reasonable period of time, in particular in those areas where standards are needed quickly in order to meet the requirements of public policies and rapidly changing market conditions; invites, therefore, the European and national standards bodies to continue improving their efficiency and effectiveness, bearing in mind that the acceleration of the standardisation process must not take place to the detriment of the principles of openness, quality, transparency and consensus among all interested parties;
Amendment 43 #
2010/2051(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Asks the Commission, for the sake of transparency, to make decisions on formal objections to standards public in a consolidated way, and make available an updated table of all actions in relation to formal objections; calls also on the Commission to present an annual report on the standardisation mandates and the progress on their fulfilment;
Amendment 45 #
2010/2051(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12d. Is aware that the current system of EU funding in support of European standardisation often leads to frustration in terms of rule changes, the large cost of auditing and delays in the authorisation of payments; stresses that there is an urgent need to reduce these costs and the high administrative burden that at times outweigh the benefits of the provided financial support, while respecting EU financial rules; considers that the Commission and the ESOs could improve their cooperation in order to guarantee a stable and user-friendly framework for the EU financial contribution to European standardisation which will increase significantly the efficiency of the system;
Amendment 48 #
2010/2051(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages European and national standardisation bodies, therefore, to promote and facilitate effective participation in the standardisation process by all interested parties, in particular representatives of small and medium-sized enterprises (SMEs), and all stakeholders representing the public interest such as consumers (including people with disabilities and vulnerable consumers), environmentalists, workers and bodies representing other societal interests;
Amendment 64 #
2010/2051(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Holds the view that these European organisations must obtain a stronger role within the ESOs; recommends that, without prejudice to the national delegation principle, all such organisations should be given a vote in the ESO technical bodies, on condition that they are associate members or cooperating partners of the ESOs and have participated in the respective work item at technical level; considers also that such organisations should, under the same conditions, be given a symbolic vote in the formal adoption of standards, which would not necessarily be counted in the voting result but would serve as an indicator of the level of support for a given standard among all stakeholders;
Amendment 76 #
2010/2051(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Commends the initiative of CEN and CENELEC to introduce a peer assessment process in order to evaluate the correct application by the NSBs of the WTO principles (and additional attributes) and to encourage continuous improvement and exchange of good practice; stresses that this project should serve as an effective tool for the strengthening of the NSBs and the improved participation of all relevant stakeholders at national level; believes that this project should involve all NSBs and be underpinned by independent audits; invites CEN and CENELEC to prepare and make publicly available a report on the results of the peer assessment process;
Amendment 92 #
2010/2051(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Calls on NSBs to follow the ISO Code of Ethics in order to ensure that the impartiality of standards is not endangered from other activities such as certification or accreditation;
Amendment 93 #
2010/2051(INI)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Calls on national standard bodies (NSBs) to follow the International Organisation for Standardisation (ISO) Code of Ethics in order to ensure that the impartiality of standards is not endangered from other activities, such as certification.
Amendment 95 #
2010/2051(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Reiterates that, although small and medium-sized enterprises form the backbone of the European economy, their involvement in standardisation is not always commensurate with their economic importance; emphasises that standards should be designed and adapted to take account of the characteristics and environment of SMEs, in particular small, micro and craft enterprises; welcomes recent initiatives taken by the European and national standardisation bodies to implement the recommendations in the study on SME access to European standardisation, and believes that they must be considered as best practices; stresses that further measures should be taken to ensure that SMEs can participate fully in the development of standards and have adequate access to them;
Amendment 101 #
2010/2051(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Welcomes the ongoing initiative of the ESOs to draw up and publish on-line, without any access restriction, a summary of all their standards, and asks for the fast completion of this project; stresses, however, that this project should be also implemented at national level, in order to enable standards users to obtain information on the items covered by each standard in their own language via the web-site of NSBs;
Amendment 102 #
2010/2051(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Underlines the importance of providing standards into all EU official languages in order to ensure proper understanding by users; calls on the Commission to further support, and simplify the financial arrangements for, the translation of harmonised standards;
Amendment 104 #
2010/2051(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Stresses the need to promote the inclusion of standardisation in academic curricula, education and lifelong learning programmes in order to raise awareness amongst current and prospective economic operators and policy makers about the importance and benefits of standards; encourages actions aimed to assess, quantify and communicate the economic and social benefits of standardisation;
Amendment 107 #
2010/2051(INI)
Motion for a resolution
Paragraph 26 d (new)
Paragraph 26 d (new)
26d. Calls on Member States and the European Commission to promote education about the role of standards and the benefits of using them at all levels, in economic and technical schools for instance; invites NSBs to enhance their cooperation with trade associations in order to provide plausible information to SMEs on the benefits provided by standards;
Amendment 108 #
2010/2051(INI)
Motion for a resolution
Paragraph 26 e (new)
Paragraph 26 e (new)
26e. Believes that the European programmes for innovation and research can provide an important contribution to the standardisation process by devoting a chapter to "research and standardisation"; considers that such a measure would contribute financially to the system, while at the same time increasing the knowledge of the operators involved;
Amendment 109 #
2010/2051(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Reaffirms that tackling climate change and other future global energy and environmental challenges implies developing and promoting clean technologies and green products; considers, therefore, that there is an urgent need to integrate environmental aspects into all relevant products and services, and that the European Standardisation System needs to develop an improved system to ensure such aspects are properly addressed when standards are developed; stresses the need to promote the active involvement in standardisation committees – at national and European level – of environmental organisations and public authorities responsible for environmental protection;
Amendment 118 #
2010/2051(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Supports the secondment of two European standardisation experts to China and India with the aim to support the ESOs, promote European standards and provide feedback on the standardisation systems of these countries;
Amendment 3 #
2010/2012(INI)
Draft opinion
Recital C
Recital C
C. whereas cross-border e-commerce has significant benefits for EU companies – especially SMEs – which can provide innovative, high-quality and consumer- friendly services, and products, across the online European internal market, reinforce their position and remain competitive in the global economy,
Amendment 7 #
2010/2012(INI)
Draft opinion
Recital D a (new)
Recital D a (new)
Da. whereas, cross-border business to business e-commerce can boost the competitiveness of European companies, allowing them to source components, services, and know-how easily from all over the internal market (also creating new economies of scale). Moreover, cross- border B2B e-commerce represents an opportunity for enterprises, SMEs in particular, to internationalise their customer base without having to invest in a physical presence in another member state,
Amendment 24 #
2010/2012(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. NotStresses the significancenecessity of making the supply chain and the terms and conditions of cross-border online trade simpler and more transparent by establishing rules on misleading or incomplete information about consumer rights, total costs and traders’ contact details and by promoting best and fair practices, recommendations and guidelines for electronic shops; recognises the efforts made in this area by the European Union to clarify the terms, conditions and prices of air fares as a positive example to be followed;
Amendment 35 #
2010/2012(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recognises the particular legal challenges linked to the development of an internal market for m-commerce capable of ensuring consumer rights, personal privacy and the protection of underage customers; Calls on the Commission to examine in detail this issue;
Amendment 47 #
2010/2012(INI)
Draft opinion
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Reaffirms the importance of cross- border business-to-business e-commerce as a vehicle for european companies, SMEs in particular, to achieve growth, greater competitiveness and to create more innovative products and services; Calls on the Commission and the Member States to provide a certain, and sound, legal and regulatory framework to give companies the guarantees they need to carry out confidently B2B e-commerce transactions across borders;
Amendment 4 #
2010/2011(INI)
Motion for a resolution
Recital C
Recital C
C. whereas few entrepreneurs and SMEs offer their goods and services outside their domestic markets, due to language barriers, lack of certainty regarding investments, payments and liability and to differences in the legal, administrative, social and cultural traditions of the different member states,
Amendment 22 #
2010/2011(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Reiterates the importance of continuing the liberalisation process of the markets that still remain partially closed, in particular the transport, energy and telecom sectors;
Amendment 27 #
2010/2011(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Expresses its concern that the re- emergence of economic protectionism could result in fragmentation of the single market that the Union cannot afford; is concerned that the current economic and financial debacle could be used as a justification for reviving protectionist measures in various Member States;
Amendment 42 #
2010/2011(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights the fact that the single European market is in dire need of a new momentum, and that strong leadership from the CommissionEuropean institutions and political ownership by the Member States is required to restore credibility and confidence in the single market;
Amendment 73 #
2010/2011(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights the importance of establishing a green single market for emerging low-carbon and environmental technologies, services and products by developing EU-wide standards for measuring and auditing carbon footprintcarbon emissions; points out that clear standards and labelling for energy efficient products must become, progressively, mandatory throughout the Union;
Amendment 78 #
2010/2011(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Urges that, in the digital era, the Union must fully realise the potential and opportunities offered by the Internet and, e- commerce and the diffusion of ICT in SMEs and the public administration for further development of the single market; emphasises that the development of new technologies must take into account the need to protect citizens, consumers and SMEs;
Amendment 127 #
2010/2011(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Asks the Commission to step up its efforts to help SMEs bridge the linguistic gap which often prevents them from doing business in Member States other than their own, by offering all information, and services, on the single market in all the official European Union languages;
Amendment 128 #
2010/2011(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29b. Remains committed to reduce Golden Plating in new Single Market legislation, and ask Member States, and in particular their parliaments, to remain committed to the fight against golden plating when transposing EU legislation, as these extra burdens are particularly taxing for SMEs;
Amendment 158 #
2010/2011(INI)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42a. Calls on all the institutional actors- European institutions, National Parliaments and executives, local and regional authorities- to reorganise the policy process, and in particular the implementation, of all legislation dealing with the single market, so as to be able to deliver results faster and more efficiently; Calls on the Commission to set-up a framework for these national and local authorities to cooperate throughout this process, fully respecting the principle of subsidiarity;
Amendment 166 #
2010/2011(INI)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44a. Calls on the Commission and the Member States to step-up their efforts to ensure that product standards used within the single market become the main global standard, thus ensuring a level playing- field for European companies, and in particular SMEs, wishing to operate beyond the single market;
Amendment 167 #
2010/2011(INI)
Motion for a resolution
Paragraph 44 b (new)
Paragraph 44 b (new)
44b. Urges the Commission to focus on prioritising "consumer-friendly" legislation relating to the single market, which makes a difference to the daily life of European citizens, when planning out its yearly activities; believes that these prioritisation must be followed by adequate information campaigns so as to bolster citizens' perceptions on the Single Market;
Amendment 174 #
2010/2011(INI)
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45a. Asks the Commission to launch a regular series of studies exploring the relationship between the Single Market and the average European citizen, focusing in particular on the costs and the benefits arising from this relationship, as well as the day-to-day challenges that they face;
Amendment 177 #
2010/2011(INI)
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46a. Exhorts the Commission, and the Member States, to keep up and increase, through information campaigns and tougher checks, their efforts in raising citizens' confidence in the CE marking, a fundamental tool to ensure consumer rights and quality standards in the Single Market;
Amendment 222 #
2010/0271(COD)
Proposal for a regulation
Annex I – Category L7e – criterion (3)
Annex I – Category L7e – criterion (3)
(3) mass in running order unladen mass: (a) ≤ 4050 kg for transport of passengers; (b) ≤ 5750 kg for transport of goods. The mass in running order doesunladen mass does not include: (1) mass of the batteries in the case of a hybrid or fully electric-propelled vehicle or (2) weight of a gaseous-fuel system including tanks for gaseous fuel storage in the case of mono- , bi- or multi-fuel vehicles or (3) weight of tank(s) to store compressed air in the case of pre-compressed air propulsion;
Amendment 296 #
2010/0271(COD)
Proposal for a regulation
Annex VIII– Table – Column 3 – Row 1
Annex VIII– Table – Column 3 – Row 1
(a) new types of motorcycles of the L3e–A1 subcategory which are sold, registered and entering into service are to be equipped with either an anti-lock or a combined brake system or both types of advanced brake systems, at the choice of the vehicle manufacturer; (b) new motorcycles of subcategories. These requirements also apply to L3e– -A2 and L3e–A3 which are sold, registered and enterisubcategory having an eng into service to be equipped with an anti-lock brake system. Other technologies (like the Combined Brake System - CBS) are available on the market, providing, according to the studies, more safety on smaller vehicles. The so-called Scooters, indeed, have a weight distribution concentrated mainly on the rear axle and a low centre of mass, while the other motorcycles have an opposite situations; the brake power not exceeding 20 kW which are provided with a Continuously Variable Transmission (CVT) (b) new types of motorcycle of subcategories L3e–A2 other than those listed ing system has to act accordingly, and cannot ignore such differences. Such a proposal would also have an impact on the cost of middle range scooters (as the Advanced Brake System - ABS is roughly 2.5 times more expensive ubparagraph (a) and L3e–A3 which are sold, registered and entering into service to be equipped with an the CBS), not buying, as far as the technical studies argue, more safety.anti-lock brake system. Or. en
Amendment 49 #
2010/0252(COD)
Proposal for a decision
Recital 25 a (new)
Recital 25 a (new)
(25a) None of the provisions of this Decision should prejudice the protection afforded to market players by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services1. ______________ 1 OJ L 337, 18.12.2009, p. 37.
Amendment 78 #
2010/0252(COD)
Proposal for a decision
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
Amendment 95 #
2010/0252(COD)
Proposal for a decision
Article 6 – paragraph 6
Article 6 – paragraph 6
6. If necessary, the Commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the Union including the most remote areas with a broadband offering enabling Internet access at a comparable price to terrestrial offerings.
Amendment 101 #
2010/0252(COD)
Proposal for a decision
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 35 GHz.
Amendment 116 #
2010/0252(COD)
Proposal for a decision
Recital 13
Recital 13
(13) The 800 MHz band is optimalcan be used, for example, for the coverage of large areas by wireless broadband services. Building on the harmonisation of technical conditions under Decision 2010/267/EU, and on Commission Recommendation of 28 October 2009 calling for analogue broadcasting to be switched off by 1 January 2012, and given rapid national regulatory developments, this band should in principle be made available for electronic communications in the Union by 2013as soon as feasible. In the longer term, additional spectrum below 790 MHz could also be envisaged, depending on experience and the lack of spectrum in othe use of the entire radio spectrum range could be reviewed, depending on actual market demands plus social and cultural objectives. Furthermore, consumers and ther bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rightsroadcasting industry are now making substantial efforts and investments in clearing the 800 MHz band. Consequently, no additional change of use should be considered for the remaining broadcast spectrum.
Amendment 142 #
2010/0252(COD)
Proposal for a decision
Recital 25 a (new)
Recital 25 a (new)
(25a) Nothing in this Decision is intended to detract from the protection afforded to economic operators by the Directive 2009/140/EC, amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communication networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services.
Amendment 295 #
2010/0252(COD)
Proposal for a decision
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Where Members States wish to adopt any such measures as are contemplated by paragraph 2, they shall do so by the imposition of conditions pursuant to Article 6 of the Authorisation Directive, in conformity with the procedures for the imposition or variation of such conditions laid down in the Directive 2009/140/EC, amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services.
Amendment 307 #
2010/0252(COD)
Proposal for a decision
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States shall, by 1 January 2013 make the 800 MHz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the Decision No 676/2002/EC. In Member States where exceptional national or local circums tances would prevent the availability of the band, the Commission mayshall authorise specific derogations until 2015the end of 2015 in response to a duly motivated application from the Member State concerned. If cross-border frequency coordination problems with one or more third countries further prevent the availability of the band, the Commission may authorise exceptional derogations on an annual basis until such obstacles are removed. In accordance with Article 9 of Directive 2002/21/EC , the Commission, in cooperation with the Member States, shall keep under review the use of the spectrum below 1GHzentire radio spectrum and assess whether additional spectrum could be freed and made available for new applications. This will include, for example, the use of WiFi and DVB based technologies as a complementary platform for services to mobile devices.
Amendment 354 #
2010/0252(COD)
Proposal for a decision
Article 6 – paragraph 6
Article 6 – paragraph 6
6. If necessary, the Commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the Union including the most remote areas with a broadband offering enabling Internet access at a comparable price to terrestrial offerings.
Amendment 378 #
2010/0252(COD)
Proposal for a decision
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 35 GHz.
Amendment 2 #
2009/2224(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. CTherefore calls on the Commission to clarify what aspects of Internet governance it feels need to be regulated at this time inanalyse issues relevant to the governance of the Internet of Things with the help of operators in the sector; also considers it vital to analyse aspects relationg to the Internet of ThingWi-Fi security systems;
Amendment 3 #
2009/2224(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recognises, on the one hand, that the development of the application of the Internet of Things represents a major opportunity for growth and competitiveness and, on the other hand, that it will trigger social change, affecting people’s behaviour;
Amendment 7 #
2009/2224(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the Commission’s intention to continuously monitor the privacy andpublish in 2010 a Communication on privacy and trust in the information society and to continuously monitor these protection of personal data aspects, in order to safeguard consumer rights and interests;
Amendment 13 #
2009/2224(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Considers that, given the major changes that the Internet of Things will involve, it is vital to provide for uniform development of technologies throughout the territory in order to avoid creating even greater gaps than there are already, and also to involve the public authorities in the process in an appropriate way;
Amendment 16 #
2009/2224(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Agrees that it is essential that new systems and applications are not hampered by barriers such as excessive licences/fees or inappropriate intellectual property schemes, to ensure a competitive market and adequate levels of interoperability; on this point, believes that the Commission should examine the possibility of further reducing Internet surfing costs while roaming;
Amendment 19 #
2009/2224(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to increase funding for the Internet of Things, as part of research projects in the 7th Framework Programme and pilot projects within the Competitiveness and Innovation Framework Programme, and also to focus on developing broadband infrastructure and the roll-out of broadband;
Amendment 4 #
2009/2137(INI)
Motion for a resolution
Recital B
Recital B
Amendment 6 #
2009/2137(INI)
Motion for a resolution
Recital D
Recital D
D. whereas an internal and service market that responds efficiently to consumer demands also helps to deliver a more innovative and healthy economy, given that efficient and responsive consumer markets across the economy are key drivers of competitiveness and citizens’ welfare, if accompanied by reasonable bureaucratic pressure on businesses,
Amendment 7 #
2009/2137(INI)
Motion for a resolution
Recital E
Recital E
E. whereas a well-functioning internal market should offer consumers a wider choice of high-quality products and services at competitive prices and, at the same time, a high level of consumer protection,
Amendment 11 #
2009/2137(INI)
Motion for a resolution
Recital I
Recital I
I. whereas consumers have a right to compensationmust be able to assert their rights when they are affected by illegal practices, but in practice they face substantial barriers in bringing such cases to court due to high costs, long and complex procedures and the risks associated with litigationwhether these are perpetrated by the private sector or the public authorities,
Amendment 22 #
2009/2137(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises that consumers should be able to make informed choices, without being subject to psychological conditioning by producers making tendentious or untruthful claims about products, as this generates greater competition among traders to raise the quality of the goods and services they provide and to keep prices at competitive levels;
Amendment 25 #
2009/2137(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Reiterates that consumer organisations have a crucial role to play in alerting public authorities to the problems consumers experience in their daily lives and that they instruments at their disposal should be supportimproved in order to improve their capacity to act effectively at EU and national level; calls on Member States to ensure that consumer organisations are adequately consulted at all stages of decision-making process and in the implementation of consumer law;
Amendment 28 #
2009/2137(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Member States to strengthen consumer awareness and education in order to empower consumers; encourages Member States to include consumer aspects in their national curricula to equip children with the necessary skills to take complex decisions later in lifeensure that clear and intelligible information is provided even to the very young, particularly for products and services aimed at them, so as to enable them to become informed consumers; recalls that educated consumers who are aware of their rights and know where to turn in the event of non-compliance are also important for detecting non-compliant behaviour;
Amendment 35 #
2009/2137(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges the Commission and the Member States to launch a well-targeted communication strategy in order to raise awareness amongst EU citizens of the risks of exposure and their rights as consumers, in particular by putting in place user- friendly web portals, awareness-raising campaigns and information points at local, regional and national level; stresses the need to use specific communication channels to reach the most vulnerable consumers, by ensuring the reliability, credibility and impartiality of the organisations responsible for the management and organisation of communications media;
Amendment 37 #
2009/2137(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Reaffirms that the Scoreboard is an important tool to better monitor the consumer markets with a view to providing information useful in ensuring better policymaking and regulation but also to demonstrate to citizens that their concerns are duly taken into account;
Amendment 39 #
2009/2137(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the five main indicators in the Scoreboard - complaints, prices, satisfaction, switching and safety - which are crucialimportant in identifying which markets have the greatest risk of malfunctioning in terms of economic and social outcomes for consumers;
Amendment 42 #
2009/2137(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges that, although the five indicators do not capture all aspects of the consumer environment, they provide a sufficient basis to set priorities and draw conclusions as to where further analysis is needed, provided that the information provided by Member States is comprehensive and can be compiled on an easily comparable basis;
Amendment 45 #
2009/2137(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Suggests that, in the future, the Commission develop indicators relating to market shares, quality, advertising, transparency and comparability of offers, as well as indicators related to enforcement (including data on inspections, non- compliance notifications, court cases), consumer empowerment (skills, assertiveness, education, information), coverage of consumer issues in the media, and indicators to measure redress and consumer detriment; believes that the new indicators should be included in the Scoreboard when a satisfactory level of development of the five basic indicators is reached; considers,
Amendment 47 #
2009/2137(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is aware that consumers are less satisfied and experience more problems with services than goods which partly reflects the greater complexity in the contractual relations and delivery of services compared to goods; calls on the Commission to carry out in-depth analyses of all problematic sectors such as energy, transport and banking services and make specific policy recommendations, in particular with a view to encouraging mobility among young people in Europe, by making it easier for them to use banking and transport services when they are studying or undertaking traineeships abroad;
Amendment 69 #
2009/2137(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Takes the view that the Scoreboard, once backed up by reliable and easily comparable data for the 27 Member States, should serve as a rich source of comparative data for national policymakers in competition, consumer and other policy areas and should help them indentify at national level the markets that do not function well for consumers;
Amendment 72 #
2009/2137(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Asks the Commission to develop, with the support of the Member States, a strategy to communicate the Scoreboard better to a wider audience, inter alia by ensuring that it is easily accessible and visible on relevant websites and to promote its proper dissemination to the media, national authorities, consumer organisations and other stakeholders; considers that it is necessary to continue the annual publication of the Scoreboard in a brochure and make it available in all official EU languages; calls on the Commission and Member States to take appropriate steps to promote the use by European citizens of the website ‘eYou Guide’, which was specially set up by the Commission as a guide to citizens’ rights;
Amendment 78 #
2009/2137(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Encourages the establishmentcooperation in all Member States of independentbetween existing consumer protection agencies with full powerand associations to bring proceedings before national courts in order to protect the interests of consumers;
Amendment 81 #
2009/2137(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Shares the Commission’s view that alternative dispute resolution mechanisms such as mediation and arbitration or out-of- court settlements, can be an expedient and attractive option for consumers who have been unsuccessful in informally resolving their dispute with a trader; urges Member States to encourage the development of alternative dispute resolution mechanisms to enhance the level of consumer protection and maximise compliance with legislation, but emphasises that such mechanisms should complement and not substitute judicial or administrative means of enforcement; considers also that the setting of fixed deadlines for replies from the various agencies and undertakings in respect of the various practices reported could provide an important basis for helping consumers who plan to take action to resolve a dispute;
Amendment 82 #
2009/2137(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Shares the Commission’s view that alternative dispute resolution mechanisms such as mediation and arbitration or out-of- court settlements, can be an expedient and attractive option for consumers who have been unsuccessful in informally resolving their dispute with a trader; or a public authority, urges Member States to encourage the development of alternative dispute resolution mechanisms to enhance the level of consumer protection and maximise compliance with legislation, but emphasises that such mechanisms should complement and not substitute judicial or administrative means of enforcement;
Amendment 8 #
2009/2096(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Takes the view that only by usdeveloping an interoperable and co-modal European transport system will it be possible in future to combine most successfully the use of various transport modes and improve energy savingsto increase energy efficiency; stresses, in this regard, the importance of internalising external costs in order toas a possible additional solution for restoreing balance in the use of the various transport modes and tofor promoteing, where possible and necessary, the use of less polluting modes of transport, thus reducing the energy requirements of the European transport system as well as CO2, NOx, and PM10 emissions;
Amendment 16 #
2009/2096(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is of the opinion that the information and communication technologies (ICT), in conjunction with the satellite navigation systems Galileo and EGNOS, will allow traffic flows to be optimised and, thus reducing urban and interurban congestion to be reduced, and will also help to lower noxious emissions and the number of road accidents; notes that too many heavheavy many vehicles often travel empty, or partially empty, pointlessly blocking the roads and making them more dangerous; calls on the Member States to adopt policies to support the demand for innovation from private users in the transport and logistics sector;
Amendment 51 #
2009/0108(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The failure of the largest single gas infrastructure or gas supply source, the so- called N-1 principle, ismay well be a realistic scenario. Using tThe failure of such infrastructure or supply source as a benchmark of what Member States should be able to compensate is a valid starting point for ensuring theiris one of the scenario analyses that may help in evaluating a Member State’s security of gas supply.
Amendment 56 #
2009/0108(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Sufficient gas infrastructure within a Member State and across the CommunityUnion is essential for tackling supply interruptions. CommonRisk and impact assessments based on a common methodology should ensure effective and efficient implementation of minimum criteria on security of gas supply should ensureand a level playing field for security of gas supply while taking into account national or regional specificities and should create significant incentives to build the necessary infrastructure and to improve the level of preparedness in case of crisis. Demand side measures such as fuel switching may have a valuable role to play in ensuring energy security where they can be applied quickly and reduce gas demand appreciably to react to a supply disruption.
Amendment 67 #
2009/0108(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) This Regulation should enable natural gas undertakings and customers to rely on market mechanisms for as long as possible when coping with disruptions. It should also provide for emergency mechanisms to be used when markets alone are no longer able to deal adequately with a gas supply disruption. Even in an Emergency, market based instruments should be given priority to mitigate the effects of the supply disruption.
Amendment 68 #
2009/0108(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) This Regulation should enable natural gas undertakings and customers to rely on market mechanisms for as long as possible when coping with disruptions. It should also provide for emergency mechanisms to be used when markets alone are no longer able to deal adequately with a gas supply disruption. Even in an Emergency, market based instruments should be given priority to mitigate the effects of the supply disruption.
Amendment 74 #
2009/0108(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The completion of the internal gas market and effective competition within that market offers the CommunityUnion the highest level of security of supply for all Member States, provided that the market is allowed to work fully in case of disruption of supply affecting a part of the CommunityUnion, whatever the cause of the disruption. To this end, a comprehensive and effective common approach to security of supply is required, particularly through transparent and non-discriminatory policies compatible with the requirements of thefunctioning of the internal market, avoiding market distortions and the undermining of market responses to disruptions.
Amendment 77 #
2009/0108(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The precise definition of the roles and responsibilities of all natural gas undertakings and Competent Authorities is therefore crucial in maintto avoid conflicting competences and to maintaing the well- functioning of the internal market, particularly in supply disruptions and crisis situations.
Amendment 81 #
2009/0108(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) It is important that gas supply is maintained, particularly as regards household customers, as well as other protected customers such as schools and hospitalsto protected customers is maintained, in cases in which the market alone cannot continue to supply them. It is essential that the measures to be taken during a crisis are defined in advance of any crisis.
Amendment 84 #
2009/0108(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure the highest level of preparedness in case of supply disruption, Emergency Plans should be established by all natural gas undertakings together with the Competent Authoritiethe Competent Authorities, after consultation of the natural gas undertakings. Such plans should be mutually consistent. Their content should follow best practices among existing plans and should define clear roles and responsibilities for all concerned natural gas undertakings and Competent Authorities. Joint emergency plans at regional level, should be established where possible and necessary.
Amendment 88 #
2009/0108(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) To strengthen the solidarity between Member States in the case of a CommunityUnion 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, including measures such as commercial agreements between natural gas undertakings, compensation mechanisms, inc. Natural gas undertakings should devise measures such as commercial agreements, which may comprise increased gas exports or increased releases from storages. It is important to encourage the conclusion of prior arrangements between natural gas undertakings. Natural gas undertakings should always be compensated in a fair and equitable manner for any measures they are asked gas exportto take in preparation for an emergency situation. Obligations for increased releases from storagesolidarity measures should be limited to the supply of household customers. 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 90 #
2009/0108(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) To strengthen the solidarity between Member States in the case of a CommunityUnion 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, including measures such as commercial agreements between natural gas undertakings, compensation mechanisms, increased gas exports or increased releases from storages. Natural gas undertakings should devise measures such as commercial agreements, which may comprise increased gas exports or increased releases from storages. It is important to encourage the conclusion of prior arrangements between natural gas undertakings. Natural gas undertakings should always be compensated in a fair and equitable manner for any measures they are asked to take in preparation for an emergency situation. 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 94 #
2009/0108(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) This Regulation aims at empowering natural gas undertakings and Competent Authorities of the Member States to ensure that the internal gas market works effectively for as long as possible in the case of a supply disruption, prior to measures being taken by Competent Authorities to address the situation in which the market alone can no longer deliver the required gas supplies. Such exceptional measures should be fully compliant with CommunityUnion rules and should be notified to the Commission and to the Gas Coordination Group.
Amendment 101 #
2009/0108(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Since gas supplies from third countries are central to the security of gas supply of the Community, the CommissionUnion, in the event of a Union Emergency, the Commission, after consultation of the Gas Coordination Group, should coordinate the actions with regard to third countries, working with producer and transit countries on arrangements to handle crisis situations and to ensure a stable gas flow to the CommunityUnion. The Commission, after consultation of the Gas Coordination Group, should be entitled to deploy a task force to monitor gas flows in crisis situations within and, in consultation with the third countries involved, outside the CommunityUnion and, where a crisis arises due to difficulties in a third country, to assume a mediation and facilitation role.
Amendment 102 #
2009/0108(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Since gas supplies from third countries are central to the security of gas supply of the Community, the CommissionUnion, in the event of a Union Emergency, the Commission, after consultation of the Gas Coordination Group, should coordinate the actions with regard to third countries, working with producer and transit countries on arrangements to handle crisis situations and to ensure a stable gas flow to the CommunityUnion. The Commission, after consultation of the Gas Coordination Group, should be entitled to deploy a task force to monitor gas flows in crisis situations within and, in consultation with the third countries involved, outside the CommunityUnion and, where a crisis arises due to difficulties in a third country, to assume a mediation and facilitation role.
Amendment 113 #
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 natural gas undertakings, the Member States and the CommunityUnion regarding both preventive action and the reaction to concrete disruptions of supply.
Amendment 114 #
2009/0108(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
The measures indicated in paragraph 1 shall apply only in the event of acute crisis situations for which Member States shall design an appropriate national framework to secure gas supply.
Amendment 124 #
2009/0108(COD)
Proposal for a regulation
Article 2 – point 1
Article 2 – point 1
(1) "protected customers" means all household customers already connected to a gas distribution network, and, if the Member State concerned so decides, can also include small and medium-sized enterprises, schools and hospitals provided that they are already connected to a gas distribution network; , and gas-fired thermal power plants if they are strictly necessary for the supply of electricity to such customers;
Amendment 127 #
2009/0108(COD)
Proposal for a regulation
Article 2 – point 1
Article 2 – point 1
(1) "protected customers" means all household customers already connected to a gas distribution network, and, if the Member State concerned so decides, can also include : a) small and medium-sized enterprises, schools and hospitals provided that they are already connected to a gas distribution network, and b) electrical power plants for the limited quantity - established by the Competent Authority on a national needs basis - necessary to avoid interruption of electricity to customers in the event of gas supply disruption;
Amendment 138 #
2009/0108(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Each Member State shall designate a Competent Authority responsible for the implementation of the security of gas supply measures provided inin line with the provisions of this Regulation. The measures shall include the biennial risk and impact assessment, the establishment of the Preventive Action Plans, the establishment of the Emergency Plan, and the continuous monitoring of security of gas supply at national level. Competent Authorities shall cooperate with each other to prevent a supply disruption and to limit damages in case it occurs.
Amendment 142 #
2009/0108(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Commission shall ensure coordinate theion among Competent Authorities at the CommunityUnion level through the Gas Coordination Group in particular in the case of a CommunityUnion Emergency.
Amendment 148 #
2009/0108(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The measures to ensure the security of supply shall be based on the risk and impact assessment carried out according to Article 8, clearly defined, transparent, proportionate, non-discriminatory, verifiable, and shall not unduly distort competition and the effective functioning of the internal market.
Amendment 159 #
2009/0108(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. By [31 March 2011; 12 months from entry into force] at the latest, on the basis of the risk and impact assessment carried out according to Article 8, the Competent Authority, after consultation of the natural gas undertakings, of gas-powered generators, of the relevant organisations representing the interests of household and industrial customers and of the regulatory authority, where it is not the Competent Authority, shall establish:
Amendment 162 #
2009/0108(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. By [31 March 2011; 12 months from entry into force] at the latest, on the basis of the risk and impact assessment carried out according to Article 8, the Competent Authority, after consultation of the natural gas undertakings, of the relevant organisations representing the interests of household and industrial customers and of the regulatory authority, where it is not the Competent Authority, shall establish:
Amendment 172 #
2009/0108(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Before adopting those Plans the Competent Authorities shall exchange information and consult each other and the Commission, the Commission and the Gas Coordination Group to ensure that their Plans and measures are mutually consistent at the appropriate regional level. These consultations shall cover, as a minimum, interconnections, cross-border supplies, storage across borders and the physical capacity to transport gas in both directions.
Amendment 173 #
2009/0108(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Before adopting those Plans the Competent Authorities shall exchange information and consult each other and, the Commission and the Gas Coordination Group to ensure that their Plans and measures are mutually consistent at the appropriate regional level. These consultations shall cover, as a minimum, interconnections, cross-border supplies, storage across borders and the physical capacity to transport gas in both directions.
Amendment 179 #
2009/0108(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. During the process mentioned in paragraph 2 the Commission may recommend at which regional level the exchange of information and consultations shall take place. The Commission, after consultation of the European Network of Transmission System Operators for Gas ("ENTSO-G") and the Agency for the Cooperation of Energy Regulators ("ACER")) and the Gas Coordination Group, may also recommend the establishment of a joint Plan at regional level, giving specific indications concerning the allocation of the costs and concerning any grants.
Amendment 182 #
2009/0108(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. During the process mentioned in paragraph 2 the Commission after consultation with the Gas Coordination Group may recommend at which regional level the exchange of information and consultations shall take place. The Commission, after consultation of the European Network of Transmission System Operators for Gas ("ENTSO-G") and the Agency for the Cooperation of Energy Regulators ("ACER"),Gas Coordination Group may also recommend the establishment of a joint Plan at regional level.
Amendment 187 #
2009/0108(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
Amendment 191 #
2009/0108(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Competent Authority shall publish a non confidential version of its Plans, including amended versions according to paragraph 6, and notify them to the Commission and the Gas Coordination Group without delay. .
Amendment 193 #
2009/0108(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Competent Authority shall publish its Plans, including amended versions according to paragraph 6, and notify them to the Commission and the Gas Coordination Group without delay.
Amendment 196 #
2009/0108(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Within six months after the notification of the Plans by the Competent Authorities, the Commission shall assess the Plans of all Member States. The Commission shall consult ENTSO-G, ACER, the Gas Coordination Group and other concerned stakeholders on those plans. Where the Commission considers that a Plan is not effective to mitigate the risks as identified in the risk assessment or inconsistent with the risk scenarios or the Plans of other Member States, or that it does not comply with the provisions of this Regulation or other provisions of CommunityUnion law, it shall requirecommend the revision of the Plan. Within 2 months from notification of the Commission's request, the Competent Authority concerned shallmay amend its Plan and notify the amended Plan to the Commission or shall set out to the Commission why it does not agree with the request. In that case, the Commission may amend or withdraw its request. If within 2 months the Commission decides not to amend or withdraw its request, the Competent Authority shall comply with the Commission's request within 3 months after notification of the Commission's decision.
Amendment 200 #
2009/0108(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Within six months after the notification of the Plans by the Competent Authorities, the Commission shall assess the Plans of all Member States. The Commission shall consult ENTSO-G, ACER, the Gas Coordination Group and other concerned stakeholders on those plans. Where the Commission considers that a Plan is not effective to mitigate the risks as identified in the risk and impact assessment or inconsistent with the risk scenarios or the Plans of other Member States, or that it does not comply with the provisions of this Regulation or other provisions of CommunityUnion law, it shall require the revision of the Plan. Within 2 months from notification of the Commission's request, the Competent Authority concerned shall amend its Plan and notify the amended Plan to the Commission and the Gas Coordination Group or shall set out to the Commission why it does not agree with the request. In that case, the Commission may amend or withdraw its request. If within 2 months, after consultation of the Gas Coordination Group, the Commission decides not to amend or withdraw its request, the Competent Authority shall comply with the Commission's request within 3 months after notification of the Commission's decision.
Amendment 205 #
2009/0108(COD)
Proposal for a regulation
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6a. The Competent Authority shall review the preventive action plan and the emergency plan every two years on the basis of altered assessments of the risks affecting the security of gas supply referred to in Article 8.
Amendment 207 #
2009/0108(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a The joint Plan at regional level established according to paragraph 3 or 4 may be developed by the Competent Authorities concerned after consultation of the regional interests within the Gas Coordination Group.
Amendment 208 #
2009/0108(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The Preventive Action Plan shall contain: (a) the measures to fulfil the infrastructure and supply standards, as laid down in Articles 6 and 7;ensure security of gas supply, these measures shall include at least information on the plannings to meet the N-1 standard, volumesvolumes and capacities that according to the risk and caimpacitiest assessment are needed to supply the protected customers in the defined high demand periods, the demand side measures and obligations imposed on natural gas undertakings and other relevant bodies; (b) the risk assessment as laid down in Article 8; (c) the preventive measures to address the risks identified; (d) information on the relevant Public Servesults of the risk and impact assessment as laid down in Article Obligations.8;
Amendment 211 #
2009/0108(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the measures to fulfil the infrastructure and supply standards, as laid down in Articles 6 and 7; these measures shall include at least the planning to meet the N- 1 standard, volumes and capacities needed to supply the protected customers in the defined high demand periods, the demand side measures and diversification of sources of supply, obligations imposed on natural gas undertakings and other relevant bodies;
Amendment 218 #
2009/0108(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Preventive Action Plan shall be based primarily on market measures to achieve internal security and shall take into account the economic effectiveness, and efficiency of the measures adopted, their effects on the functioning of the internal energy market and the environmental impact.
Amendment 230 #
2009/0108(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. A derogation from the application of the N-1 standard which is requested by a Competent Authority may be granted if the Commission decides that the standard is not economically sustainable for the individual Member State.
Amendment 233 #
2009/0108(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Following the recommendation of the Commission referred to in Article 4(3) or in the situation referred to in Article 4(4), the obligcalculation set out in paragraph 1 may be fulfilledcarried out at the regional level. The N-1 standard shall also be considered to be fulfilled whereIn its calculation of the N-1 indicator, the Competent Authority shall be allowed to demonstrates in the Preventive Action Plan referred to in Article 5 that a supply disruption may be sufficiently and timely compensated for by specific measures, including demand side measures.
Amendment 235 #
2009/0108(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Following the recommendation of the Commission referred to in Article 4(3) or in the situation referred to in Article 4(4), the obligcalculation set out in paragraph 1 may be fulfilledcarried out at the regional level. The N-1 standard shall also be considered to be fulfilled whereIn its calculation of the N-1 indicator, the Competent Authority shall be allowed to demonstrates in the Preventive Action Plan referred to in Article 5 that a supply disruption may be sufficiently and timely compensated for by specific measures, including demand side measures.
Amendment 243 #
2009/0108(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The methodology for calculating the N-1 standardindicator as provided in Annex I shall be used. It should take into consideration the network configuration and actual gas flows as well as the presence of production and storage capacities. The calculated area as referred to in Annex IThe calculated area as referred to in Annex I shall be defined by the Competent Authority after consultation with the relevant natural gas undertakings and shall be extended to the appropriate regional level, where necessary.
Amendment 249 #
2009/0108(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Each Competent Authority shall report to the Commission without delay any non- compliance with the N-1 standard, after consultation of the relevant natural gas undertakings, report to the Commission the results of its calculation of the N-1 indicator in accordance with Article 13.
Amendment 255 #
2009/0108(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The transmission system operators shall enable permanent physical capacity to transport gas in both directions on all interconnectionsIf necessary according to the risk and impact assessment carried out according to Article 8, taking into account technical feasibility and an economic assessment of the costs and benefits to the market, the transmission system operators shall, within twohree years from the entry into force of this Regulation, except in cases where at the request of a Competent Authority, the Commission decides thatnable necessary physical capacity to transport gas in both directions on those interconnections where the addition of a bi-directional flow capacity would not enhance the security of supply of any Member State. Such decision may be reviewed if circumstances change. The level of the bi- directional flow capacity shall be reached in a cost efficient way and at least, in particular during an Emergency. Within that three year period, the gas transmission system operator shall, in accordance with the risk and impact assessment carried out according to Article 8, takeing into account the capacity required to meet the supply standard set in Article 7. Within thatechnical feasibility and an economic assessment of the costs and benefits two year period, the gas transmission system operator shallthe market, adapt the functioning of the transmission system as a whole so as to enable bi-directional gas flows.
Amendment 261 #
2009/0108(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The transmission system operators shall enable permanent physical capacity to transport gas in both directions on all interconnectionthe interconnections considered as essential to ensuring security of supply and following the outcome of an impact assessment study on possible risks for infrastructures importing gas from third countries within two years from the entry into force of this Regulation, except in cases where at the request of a Competent Authority, the Commission decides that the addition of a bi-directional flow capacity would not enhance the security of supply of any Member State. Such decision may be reviewed if circumstances change. The level of the bi- directional flow capacity shall be reached in a cost efficient way and at least take into account the capacity required to meet the supply standard set in Article 7. Within that two year period, the gas transmission system operator shall adapt the functioning of the transmission system as a whole so as to enable bi- directional gas flows.
Amendment 281 #
2009/0108(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. National Regulatory Authorities shall duly take into account the costs of fulfilling the N-1 standard and the costs of enabling the permanent physical capacity to transport gas in both directions in their approval of tariffs in a transparent and detailed manner, reflecting costs incurred in a clear and identifiable manner and in line with Article 41(8) of Directive […/…2009/73/EC]. In the case of costs incurred in more than one Member State, the Agency for the Cooperation of Energy Regulators with the national regulatory authorities of all Member States concerned shall jointly decide on cost allocation. Article 8(1) of Regulation (EC) No …/…715/2009 shall apply.
Amendment 285 #
2009/0108(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Competent Authority shall take the measures to ensure the gas supplyIn carrying out the risk and impact assessment defined in Article 8, the Competent Authority shall use a common methodology, which shall include the following indicators for the supply of gas to the protected customers of the Member State in the: a) supplies in case of: a) extremely cold average temperatures during a seven days peak period statistically occurring once every twenty years; and b) supplies in case of any period of sixthirty days of exceptionally high gas demand during the coldest weather periods statistically occurring every twenty years.
Amendment 288 #
2009/0108(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Competent Authority shall take the measures to ensureIn carrying out the risk and impact assessment defined in Article 8, the Competent Authority shall use a common methodology, which shall include the following indicators for the gas supply of gas to the protected customers of the Member State in the: a) supplies in case of: a) extremely cold average temperatures during a seven days peak period statistically occurring once every twenty years; and b) supplies in case of any period of sixthirty days of exceptionally high gas demand during the coldest weather periods statistically occurring every twenty years.
Amendment 301 #
2009/0108(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 304 #
2009/0108(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The Competent Authorityies shall be allow the natural gas undertakings to meet these criteriaed to calculate these indicators on a regional or CommunityUnion level and they shall not be required tho calculate these standards are met based on infrastructure locatedindicators only within itstheir territory.
Amendment 312 #
2009/0108(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By [30 SeptemberMarch 20101; 612 months after entry into force] each Competent Authority shall fully assess the risks affecting the security of gas supply in its Member State by: a) using the standards specified in Articles 6 and 7; b) taking into account all relevant national and regional circumstances; c)undertake a risk and impact assessment that shall be the basis for: a) the establishment of the risk profile of its Member State, taking into account all relevant national and regional circumstances, b) the establishment of the Preventive Action Plan of its Member State. c) the establishment of the Emergency Plan of its Member State. The Risk and Impact Assessment shall include running various scenarios of exceptionally high demand and/or supply disruption, such as failure of main transmission infrastructures, storages, LNG terminals, and disruption of supplies from third country suppliers; d) identifyingproducers. Account shall be taken of the interaction and correlation of risks with other Member States. The risk and impact assessment shall, amongst other things, be based upon the indicators as laid down in Articles 6(1) and 7(1) of this Regulation. The risk and impact assessment shall take into account technical feasibility and an economic assessment of the costs and benefits to the market. This shall in particular be the case prior to any potential extension at national level of the scope of protected consumers, beyond households.
Amendment 313 #
2009/0108(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By [30 SeptemberMarch 20101; 612 months after entry into force] each Competent Authority shall fully assess the risks affecting the security of gas supply in its Member State by: a) usingundertake a risk and impact assessment that shall be the basis for a) the estandards specified in Articles 6 and 7; b)blishment of the risk profile of its Member State, taking into account all relevant national and regional circumstances; c)b) the establishment of the Preventive Action Plan of its Member State; c) the establishment of the Emergency Plan of its Member State. The Risk and Impact Assessment shall include running various scenarios of exceptionally high demand and/or supply disruption, such as failure of main transmission infrastructures, storages, LNG terminals, and disruption of supplies from third country suppliers; d) identifyingproducers. Account shall be taken of the interaction and correlation of risks with other Member States. The risk and impact assessment shall, amongst other things, be based upon the indicators as laid down in Articles 6(1) and 7(1) of this Regulation. The risk and impact assessment shall take into account technical feasibility and an economic assessment of the costs and benefits to the market. This shall in particular be the case prior to any potential extension at national level of the scope of protected consumers, beyond households.
Amendment 325 #
2009/0108(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Following the recommendation of the Commission as referred to in Article 4(3) or in the situation referred to in Article 4(4), the obligations set out in this article may be fulfilled at the regional level.
Amendment 327 #
2009/0108(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Following the recommendation of the Commission as referred to in Article 4(3) or in the situation referred to in Article 4(4), the obligations set out in this article may be fulfilled at the regional level.
Amendment 332 #
2009/0108(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The natural gas undertakings, gas- powered generators, the relevant organisations representing the interests of household and industrial customers and the regulatory authority, where it is not the Competent Authority, shall cooperate and provide all necessary information for the risk and impact assessment.
Amendment 333 #
2009/0108(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The natural gas undertakings, the relevant organisations representing the interests of household and industrial customers and the regulatory authority, where it is not the Competent Authority, shall cooperate and provide all necessary information for the risk and impact assessment.
Amendment 335 #
2009/0108(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The risk and impact assessment shall be repeated every two years before 30 September of that year.
Amendment 337 #
2009/0108(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The risk and impact assessment shall be repeated every two years before 30 September of that year.
Amendment 352 #
2009/0108(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The three main crisis levels shall be as follows: (1) Early warning level (Early Warning): when there is concrete, serious and reliable information, possibly triggered by an Early Warning Mechanism, that an event may occur which will deteriorate the supply conditions suggesting that supply conditions could deteriorate in the near term. The market is expected to solve the problem without the intervention of the Competent Authority; (2) Alert level (Alert): when a supply disruption or exceptionally high demand occurs but t, the scale of which does not yet warrant the declaration of an Emergency under point (3). The market is still ableexpected to resolve the situationproblem without the intervention of the Competent Authority; (3) Emergency level (Emergency): whena supply disruption or an exceptionally high demand occurs or when there is a disruption of the supply through or from the largest infrastructure or source and there is a credible risk that the supply standard to the protected customerand there is evidence that market-based mechanisms alone can no longer ensure supplies to protected customers. The Competent Authority is required to intervene within the framework of the Emergency Plan. Market-based mechanisms cand no longer be met with market based instruments alonn- market-based mechanisms may operate alongside each other in this phase.
Amendment 362 #
2009/0108(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Competent Authority shall immediately inform the Commission and the Gas Coordination Group and provide ithem with all the necessary information when it declares any of the crisis levels. In the event of an eEmergency which may result in a call for assistance from the EU and its Member States the Competent Authority of the Member State concerned shall without delay notify the Commission’s Civil Protection Monitoring and Information Centre.
Amendment 365 #
2009/0108(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Competent Authority shall immediately inform the Commission and the Gas Coordination Group and provide ithem with all the necessary information when it declares any of the crisis levels. In the event of an emergency which may result in a call for assistance from the EU and its Member States the Competent Authority of the Member State concerned shall without delay notify the Commission’s Civil Protection Monitoring and Information Centre.
Amendment 374 #
2009/0108(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. The Commission shall verify within one weekfour days whether the declaration of an Emergency is justified and whether it does not impose an undue burden on the natural gas undertakings and on the functioning of the internal market. The Commission may seek the advice of the Gas Coordination Group in this matter. The Commission may, in particular, ask the Competent Authority to modify measures imposing an undue burden on natural gas undertakings and to lift its declaration of Emergency if the Commission considers it not or no longer justified.
Amendment 378 #
2009/0108(COD)
Proposal for a regulation
Article 9 – paragraph 6 a (new)
Article 9 – paragraph 6 a (new)
6a. Measures imposed in case of Emergency, including at the regional or Union level, shall ensure fair and equitable compensation in favour of the natural gas undertakings affected by the measures.
Amendment 381 #
2009/0108(COD)
Proposal for a regulation
Article 9 – paragraph 6 a (new)
Article 9 – paragraph 6 a (new)
6a. Measures imposed in case of Emergency, including at the regional or Union level, shall ensure fair and equitable compensation in favour of the natural gas undertakings affected by the measures.
Amendment 382 #
2009/0108(COD)
Proposal for a regulation
Article 9 – paragraph 6 b (new)
Article 9 – paragraph 6 b (new)
6b. The Emergency Plan shall be updated every two years on the basis of the results of the risk assessment referred to in Article 8.
Amendment 388 #
2009/0108(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission, after consulting the Gas Coordination Group, may declare a CommunityUnion Emergency at the request of oneat least two Competent Authorityies in the affected region or when the CommunityUnion loses more than 120% of its daily gas import from third countries as calculated by ENTSO-G. Iompared to planned import volumes as estimated by ENTSO-G. After consulting the Gas Coordination Group, it shall declare a CommunityUnion Emergency where more than onetwo Competent Authorityies hasve declared Emergency following the verification in accordance with Article 9(6). It may declare a CommunityUnion Emergency for specifically affected geographical regions comprising more than one Member State.
Amendment 399 #
2009/0108(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The Commission shall convene the Gas Coordination Group as soon as it declares Communitya Union Emergency.
Amendment 404 #
2009/0108(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. In a CommunityUnion Emergency, the Commission shall ensure coordinate theion of the emergency actions of the Competent Authorities. In particular the Commission shall ensure the exchange of information, ensure the consistency and effectiveness of the actions at Member State and regional level in relation to the CommunityUnion level, and shallmay ensure coordinateion of the actions with regard to third countries. The Commission may convene a crisis management group composed in particular of representatives of the industry and the Member States concerned by the Emergency.
Amendment 406 #
2009/0108(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. In a CommunityUnion Emergency, the Commission shall coordinate the actions of the Competent Authorities after consultation with the Gas Coordination Group. In particular the Commission shall ensure the exchange of information, ensure the consistency and effectiveness of the actions at Member State and regional level in relation to the CommunityUnion level, and shall coordinate the actions with regard to third countries. The Commission may convene a crisis management group composed in particular of representatives of the industry and the Member States concerned by the Emergency.
Amendment 410 #
2009/0108(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. When the Commission considers that in a CommunityUnion Emergency, an action taken by a Competent Authority or natural gas undertakings is inappropriate to deal with the Emergency, or that it seriously endangers the situation in another Member State, the Commission shall require the Competent Authority or natural gas undertaking to change its action. Within three days from notification of the Commission's request, the Competent Authority concerned shall change its action and notify the Commission or shall set out to the Commission why it does not agree with the request. In that case, the Commission may amend or withdraw its request. If, within three days, the Commission decides not to amend or withdraw its request, the Competent Authority shall comply with the Commission's request without delamay issue an opinion to the Competent Authority.
Amendment 411 #
2009/0108(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. When the Commission considers that in a CommunityUnion Emergency, an action taken by a Competent Authority or natural gas undertakings is inappropriate to deal with the Emergency, or that it seriously endangers the situation in another Member State, the Commission shall requiremay recommend the Competent Authority or natural gas undertaking to change its action. Within three days from notification of the Commission's request, the Competent Authority concerned shall change its action and notify the Commission or shall set out to the Commission why it does not agree with the request. In that case, the Commission may amend or withdraw its request. If, within three days, the Commission decides not to amend or withdraw its request, the Competent Authority shall comply with the Commission's request without delay.
Amendment 414 #
2009/0108(COD)
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
4. When the Commission considers that in a CommunityUnion Emergency, an action taken by a Competent Authority or natural gas undertakings is inappropriate to deal with the Emergency, or that it seriously endangers the situation in another Member State, the Commission, after duly taking into account the opinion of the Gas Coordination Group, shall require the Competent Authority or natural gas undertaking to change its action.
Amendment 427 #
2009/0108(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. The Commission, after duly taking into account the opinion of the Gas Coordination Group, shall establish a permanent reserve list for a monitoring task force consisting of industry experts and representatives of the Commission. This monitoring task force may be deployed when necessary and shall monitor and report on the gas flows within and outside the CommunityUnion, in cooperation with the supplyproducing and transiting countries.
Amendment 429 #
2009/0108(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. The Commission, after duly taking into account the opinion of the Gas Coordination Group, shall establish a permanent reserve list for a monitoring task force consisting of industry experts and representatives of the Commission. This monitoring task force may be deployed when necessary and shall monitor and report on the gas flows within and outside the CommunityUnion, in cooperation with the supplyproducing and transiting countries.
Amendment 434 #
2009/0108(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. A Gas Coordination Group is established to facilitate the coordination of measures concerning the security of supply. The Group shall be composed of representatives of the Competent Authorities, ACER, ENTSO-G and representative bodies of the industry concerned and relevant customers, and representatives of the power generation industry. The Commission shall decide on the composition of the Group ensuring its representativity and shall chair the Group. The Group shall establish its rules of procedure.
Amendment 436 #
2009/0108(COD)
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. The Group shall ensure that all the parties concerned are represented on the basis of the specificity of the safety issues or, in the event of an emergency, in relation to the regions involved in the emergency procedure.
Amendment 437 #
2009/0108(COD)
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. TIn accordance with the provisions of this Regulation, the Gas Coordination Group shall assistclosely cooperate with the Commission in particular on issues related to:
Amendment 439 #
2009/0108(COD)
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. TIn accordance with the provisions of this Regulation, the Gas Coordination Group shall assistclosely cooperate with the Commission in particular on issues related to:
Amendment 442 #
2009/0108(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point d
Article 11 – paragraph 2 – point d
(d) the level of security of supply, benchmarks and risk and impact assessment methodologies;
Amendment 444 #
2009/0108(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point d
Article 11 – paragraph 2 – point d
(d) the level of security of supply, benchmarks and risk and impact assessment methodologies;
Amendment 448 #
2009/0108(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point g
Article 11 – paragraph 2 – point g
(g) review and implementation of the Plans;
Amendment 450 #
2009/0108(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point g
Article 11 – paragraph 2 – point g
(g) review and implementation of the Plans;
Amendment 455 #
2009/0108(COD)
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. Only non-confidential versions of information shall be submitted to the Gas Coordination Group in the application of this Regulation.
Amendment 457 #
2009/0108(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) hourly flow of gas at all cross-border entry and exit points as well as all points connecting a production facility to the network, storage, LNG in mcm/dthe transmission network to a production facility, storage facility or LNG terminal;
Amendment 460 #
2009/0108(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) hourly flow of gas at all cross-border entry and exit points as well as all points connecting a production facility to the network, storage, LNG in mcm/dthe transmission network to a production facility, storage facility or LNG terminal;
Amendment 462 #
2009/0108(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) period, expressed in days, during which it is possible to ensureexpected that gas supply to the protected customers can be ensured.
Amendment 465 #
2009/0108(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) period, expressed in days, during which it is possible to ensureexpected that gas supply to the protected customers can be ensured.
Amendment 467 #
2009/0108(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. After an Emergency, the Competent Authority shall without delay provide to the Commission a detailed assessment of the Emergency and the effectiveness of the implemented measures, including the assessment of economic impact of the Emergency, the impact of the fuel switching on the levels of the emissions, the impact on the electricity sector and the assistance provided to and/or received from the Community and its Member StatesUnion and its Member States. The Commission shall analyse the assessments of the Member States and present its results, in aggregated form, to the Gas Coordination Group.
Amendment 472 #
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 inform the Commission to assess their compliance with the internal market legislation;
Amendment 478 #
2009/0108(COD)
Proposal for a regulation
Article 12 – paragraph 6 – point b
Article 12 – paragraph 6 – point b
b) Natural gas undertakingCompetent authorities shall notify the Commission of the following details of the contracts of the natural gas undertakings within their territory concluded with suppliproducers from third countries in aggregated form: - Contract duration and extension provisions; - Contracted volumes in totalavailable, on an annual and monthly basis and the average volume per month; - Flexibility of contracted volumes, including provisions related to take-or- pay obligations. - Contracted delivery points.
Amendment 484 #
2009/0108(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. In addition to the monitoring and reporting obligations provided for in Article 5 of the Gas Directive the Competent Authority shall publish and forward to the Commission a report by 31 July each year containing the following data: (a) calculation of N-1 indicator and data necessary for such calculation, progress made in investments needed to cope with N-1, country specific difficulties encountered in the implementation new alternative solutions; (b); (b) on an aggregated basis, annual amounts, durations and supply country covered by gas supply import contracts; (c) maximal interconnection capacity of each entry and exit points to and from the gas systems; (d) the main elements of the relevant intergovernmental agreements concluded with third countries.
Amendment 487 #
2009/0108(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The Competent Authorities and the Commission shall at all times ensure the confidentiality of commercially sensitive information submitted to them in application of this Regulation.
Amendment 12 #
2009/0054(COD)
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
(2) ‘public authority’ means any contracting authority, as defined by Directive 2004/18/EC; and by Article 2(1)(a) of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors1; 1 OJ L 134, 30.04.2004, p. 1.
Amendment 20 #
2009/0054(COD)
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) interest for late payment shall become payable from the day following the date or thte on which the payment becomes due eand of the period for payment fixed in the contractshall be subject to a progressive rate which shall not exceed 5%;
Amendment 35 #
2009/0054(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Surveys show that public authorities often require contractual payment periods for commercial transactions that are significantly longer than 30 days. Therefore, payment periods for procurement contracts awarded by public authorities should be as a general rule limited to a maximum of 30 days.
Amendment 37 #
2009/0054(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Late payment is particularly regrettable if it occurs despite the debtor’s solvency. Surveys show that public authorities often pay invoices very late after expiration of the applicable payment period. Public authorities may face lighter financing constraints because they may benefit from more secure, predictable and continuous revenue streams than private undertakings. At the same time, they depend less than private undertakings on building stable commercial relationships for the achievement of their aims. Consequently, public authorities may have less incentive to pay on time. In addition, many public authorities can obtain financing at more attractive conditions than private undertakings. Therefore, late payment by public authorities not only leads to unjustified costs for private undertakings, but to inefficiency in genThis is due to various factors. While, on the one hand, public authorities may benefit from more secure, predictable and continuous revenue streams and can obtain financing at more attractive conditions than private undertakings, on the other hand their internal. It is therefore appropriate to introduce correspondingly higher dissuasive compensation in case of late payment by public authorities structure does not have the flexibility typical of the private sector.
Amendment 64 #
2009/0054(COD)
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
(2) “public authority” means any contracting authority, as defined by Directive 2004/18/EC and Directive 2004/17/EC;
Amendment 118 #
2009/0054(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that, when interest for late payment becomes payable in commercial transactions in accordance with Articles 3 and 5 and unless otherwise specified in the contract, the creditor is entitled to obtain from the debtor any of the following amounts: (a) for a debt of less than EUR 1 000, a fixed sum of EUR 40; (b) for a debt of EUR 1 000 or more, but less than EUR 10 000, a fixed sum of EUR 70; (c) for a debt of EUR 10 000 or more, a sum equivalental to 1.5% of the amount for which interest for late payment becomes payabldue.
Amendment 125 #
2009/0054(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall ensure that the amounts referred to in paragraph 1 shall be payable without the necessity of a reminder and as compensation for the creditor’s own recovery costs.
Amendment 128 #
2009/0054(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 148 #
2009/0054(COD)
Proposal for a directive
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) if the date or period for payment is not fixed in the contract, interest for late payment shall become payable automatically within any of the following time limits: (i) 390 days following the date of receipt by the debtor of the invoice or an equivalent request for payment; (ii) if the debtor receives the invoice or the equivalent request for payment earlier than the goods or the services, 390 days after the receipt of the goods or services; (iii) if a procedure of acceptance or verification, by which the conformity of the goods or services with the contract is to be ascertained, is provided for by statute or in the contract and if the debtor receives the invoice or the equivalent request for payment earlier or on the date on which such acceptance or verification takes place, 390 days after that date.
Amendment 156 #
2009/0054(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that the maximum duration of a procedure of acceptance or verification referred to in paragraph 2(b)(iii) shall not exceed 390 days, unless otherwise specified and duly justified in the tender documents and the contract.
Amendment 181 #
2009/0054(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall ensure that when interest for late payment becomes payable, the creditor is entitled to a lump sum compensation equal to 53% of the amount due. This compensation shall be additional to the interest for late payment.
Amendment 61 #
2009/0006(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Harmonised rules should be put in place with regard to the indication of the origin of textile products, in order to protect consumers against fraudulent, inaccurate or misleading indications. As regards imported products, those rules should take the form of mandatory labelling requirements. Concerning products not subject to mandatory origin labelling at Union level, provision should be made for rules ensuring that possible claims of origin are not false or misleading.
Amendment 73 #
2009/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The application of this Regulation shall be without prejudice to the application of theSave as otherwise provided in this Regulation, national and CommunityUnion rules on protection of industrial and commercial property, on indications of provenance, marks of origin and the prevention of unfair competition shall remain applicable to textile products.
Amendment 82 #
2009/0006(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Amendment 83 #
2009/0006(COD)
Proposal for a regulation
Article 11 b (new)
Article 11 b (new)
Amendment 84 #
2009/0006(COD)
Proposal for a regulation
Article 11 c (new)
Article 11 c (new)
Amendment 85 #
2009/0006(COD)
Proposal for a regulation
Article 11 d (new)
Article 11 d (new)
Amendment 285 #
2008/0196(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The definition of dDurable mediuma should include in particular documents on paper, USB sticks, CD-ROMs, DVDs, memory cards and the hard drive of theisks of computers on which the electronic mail or a pdf file is storeddata saved in unmodifiable form are stored. Internet websites as such should not be durable media.
Amendment 297 #
2008/0196(COD)
Proposal for a directive
Recital 17
Recital 17
(17) CThe consumers should be entitled to recegiven comprehensive information 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 andis committed to a distance contract, an 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 contextcontract or a corresponding contract offer.
Amendment 335 #
2008/0196(COD)
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
Amendment 419 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) 'goods' means any tangible movable item, with the exception of goods sold by way of execution or otherwise by authority of law. Water and gas shall also be considered as ‘goods’ within the meaning of this directive where they are put up for sale in a limited volume or set quantity;
Amendment 420 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
(2b) ‘service’ means any work or other service of any kind provided by the trader for the consumer for remuneration;
Amendment 422 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) 'sales contract' means any contract for the sale of goods by the trader to the consumer including any mixed-purpose contract having as its object both goods and serviceswhereby a trader grants ownership of goods to a consumer in accordance with the applicable national law, or undertakes to grant such ownership, and whereby the consumer undertakes to pay the price. Contracts for the supply of goods to be manufactured or produced shall also be defined as sales contracts for the purposes of this Directive;
Amendment 444 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Amendment 446 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) ‘mixed-purpose contract’ means any contract that includes both aspects relating to the provision of services and aspects relating to the supply of goods;
Amendment 554 #
2008/0196(COD)
Proposal for a directive
Article 4 b (new)
Article 4 b (new)
Amendment 567 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Prior to the conclusion of any sales or service contract, the traderIn good time before the consumer is bound by any distance or off-premises contract or any corresponding offer, the trader or any person acting in his name or on his behalf shall provide the consumer with the following information, if not already apparent from the contextn a clear and intelligible manner:
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 666 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States shall not provide for any other requirements as regards the content of the model instructions on withdrawal in Annex I(A).
Amendment 678 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 3 e (new)
Article 5 – paragraph 3 e (new)
3e. Article 5 is without prejudice to Directive 2000/31/EC of the European Parliament and of the Council.
Amendment 737 #
2008/0196(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. With respect to contracts that are concluded off- premises, the information provided for in Article 95 shall be given in the order form. It shall be drafted in plain, intelligible language and be legible. The order form shall include the standard withdrawal form set out in Annex I(B)to the consumer in the contract document or on another durable medium, in so far as this appears appropriate in view of the nature of the contract; it shall be drafted in plain, intelligible language and be legible.
Amendment 760 #
2008/0196(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall not impose any further formal requirements other than those provided forfor the fulfilment of the information obligations referred to in paragraphs 1 and 2 5(1).
Amendment 822 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Member States shall not impose any further formal requirements other than those provided forfor the fulfilment of the information obligations referred to in paragraphs 1 to 4 5(1).
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 888 #
2008/0196(COD)
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Before expiry of the withdrawal period, the consumer shall inform the trader of his decision to withdraw. For this purpose, the consumer may (a) either use the model withdrawal form as set out in Annex I(B) or make any other clearly worded statement on a durable medium, or b) return the goods to the trader. Member States shall not provide for any other formal requirements applicable to this model withdrawal form.
Amendment 978 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point c b (new)
Article 19 – paragraph 1 – point c b (new)
(cb) contracts which, in accordance with the provisions of the Member States, are certified by a public office-holder who has a statutory obligation to be independent and impartial and must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful consideration and with knowledge of its legal scope;
Amendment 986 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
Amendment 1076 #
2008/0196(COD)
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. This Cchapter shall not apply to: a) electricity; b) water and gas, if they are not put up for sale in a limited volume or set quantity; c) the spare parts replaced by the trader when he has remedied the lack of conformity of the goods byut repair under Article 26.
Amendment 1271 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
4. The consumer may resort to any remedy available under paragraph 1, where one of the following situations exists:Without prejudice to paragraph 5(b), the consumer may insist on a reasonable 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, or
Amendment 1275 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 4 – point a
Article 26 – paragraph 4 – point a
(a) the trader has implicitly or explicitly refusedrefused expressively or by concludent behaviour to remedy the lack of conformity;
Amendment 1282 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 4 – point c
Article 26 – paragraph 4 – point c
(c) the trader has tried to remediedy the lack of conformity, causing significant inconvenience to the consumer;
Amendment 1292 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 4 – point d
Article 26 – paragraph 4 – point d
(d) the same defect has reappeared more than ontwice within a short period of time.
Amendment 1530 #
2008/0196(COD)
Proposal for a directive
Article 46 a (new)
Article 46 a (new)
Amendment 1538 #
2008/0196(COD)
Proposal for a directive
Annex 1 – paragraph A
Annex 1 – paragraph A
A. Information to be provided with the withdrawal form Model instructions on withdrawal Right of withdrawal You may withdraw on a durable medium from this contract within a period of 14 days without giving any reason [or – if the goods are delivered to you before the expiry of this period – by returning the goods]. The period for withdrawal shall begin [on receipt of the goods ordered]1. The day [on which the goods are received]2 shall not be counted as part of the period for withdrawal. If the last day of the period for withdrawal falls on a public holiday, a Saturday or a Sunday, the period shall end on the first working day thereafter. The period for withdrawal shall be deemed to have been observed if notice of withdrawal is sent, or the goods are returned, before its expiry. Notice of withdrawal should be sent on a durable medium (for example in the form of a posted letter)3 to:4. The consumer may use the form below, but it is not obligatory. Effects of withdrawal For withdrawal to be valid you must send the goods back, at [our expense]5, within a period of 14 days of sending your notice of withdrawal. The period for reimbursement shall begin when we receive your notice of withdrawal or the goods. The day on which we receive the notice of withdrawal shall not be counted as part of the period for reimbursement. If the last day of this period falls on a public holiday, a Saturday or a Sunday, the period shall end on the first working day thereafter. If you are unable to return the goods in their original condition, you shall be liable for any deterioration in their value. This provision shall apply only if the deterioration in value is attributable to the goods having been handled in a manner other than that necessary for ascertaining their nature and how they function. You can prevent deterioration by refraining from using the goods as you would your own property and by avoiding any form of handling liable to reduce their value. In the case of valid withdrawal, we must reimburse within a period of 14 days any payment you have made to us. The period for reimbursement shall begin when we receive your notice of withdrawal. The day on which we receive the notice of withdrawal shall not be counted as part of the period for reimbursement. If the last day of this period falls on a public holiday, a Saturday or a Sunday, the period shall end on the first working day thereafter. We may make reimbursement subject to the condition that we have received the returned goods. Advice on alternative wording: 1. In the following specific cases, the text in parentheses should read as indicated: in the case of distance or off-premises contracts for the supply of services: 'from the day of the conclusion of the contract or on the day on which you received a copy of the signed contract on a durable medium, if this is not the day of conclusion of the contract'. 2. In the following specific cases, the text in parentheses should read as indicated: in the case of distance or off-premises contracts for the supply of services: 'the conclusion of the contract or on the day on which you received a copy of the signed contract on a durable medium, if this is not the day of conclusion of the contract'. 3. In the case of distance contracts, additional text should be inserted as follows: (a) if the entrepreneur allows the consumer to withdraw from the contract by e-mail: 'or by e-mail'; (b) if the entrepreneur allows the consumer to fill in a model form electronically on a website: 'or via our website'. 4. To be inserted: the entrepreneur's name and business address. In the case of distance contracts, the following must also be indicated: the e-mail and/or web address of the entrepreneur which the consumer can use to withdraw from the contract. 5. If the price of the goods to be returned is not more than EUR 50, the text in parentheses should read as follows: 'at your own expense'.
Amendment 71 #
2008/0098(COD)
Council position
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
15. "'Specific Technical Documentation'' means documentation demonstrating that methods within the applicable system for assessment and verification of constancy of performancecertain conditions have been replacedmet by other methods, provided that the results obtained by those other methods are equivalent to the results obtained by the test methods of the corresponding harmonised standard anufacturer and that certain procedures to meet those conditions have been followed;
Amendment 79 #
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:
Amendment 90 #
2008/0098(COD)
Council position
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the construction product is manufactured in a traditional manner and in a non-industrial process, notably for adequately renovating construction works officially protected as part of a designated environment or because of their special architectural or historic merit, in compliance with the applicable national rules.
Amendment 94 #
2008/0098(COD)
Council position
Article 6 – paragraph 3 – point c
Article 6 – paragraph 3 – point c
Amendment 113 #
2008/0098(COD)
Council position
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
The CE marking shall be affixed to those construction products for which the manufacturer has drawn up a declaration of performance in accordance with Articles 4, 6 and 7, 7, 36, 37 and 38 and mentioning the simplified procedures.
Amendment 114 #
2008/0098(COD)
Council position
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
If a declaration of performance has not been drawn up by the manufacturer in accordance with Articles 4, 6 and 7, 7, 36, 37 and 38 and mentioning the simplified procedures, the CE marking shall not be affixed.
Amendment 85 #
2008/0028(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Food labels should be clear and understandable to assist consumers wanting to make better-informed food and dietary choices. Studies show that legibility is an important element in maximising the possibility that labelled information can influence its audience and that the small print size is one of the main causes ofconsequently factors such as size, font, colour and contrast should be considered together to ensure consumer dissatisfaction with food labels.
Amendment 138 #
2008/0028(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Without prejudice to specific Community legislation applicable to particular foods as regards to the requirements referred to in Article 9(1)(a) to (k), when appearing on the package or on the label attached thereto, the mandatory particulars listed in Article 9(1) shall be printed on the package or on the label in characters ofwith a font size of at least 3mm and shall be presented in a way soand contrast such as to rensure a significant contrastder them legible between the print and background.
Amendment 143 #
2008/0028(COD)
Proposal for a regulation
Article 14 - paragraph 1 a (new)
Article 14 - paragraph 1 a (new)
1a. The mandatory particulars listed in Article 9(1) shall be presented in such a way as to guarantee a significant degree of contrast between print and background and to be clearly legible and indelible.
Amendment 154 #
2008/0028(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. In the case of packaging or containers the largest printable surface of which has an area of less than 100 cm2 only the particulars listed in Article 9(1) (a), (c), (e) and (f) shall be mandatory on the package or on the label. The particulars referred to in Article 9(1)(b) shall be provided through other means or shall be available at the request of the consumer.
Amendment 174 #
2008/0028(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) eccettuate le bevande con contenuto alcolico superiore all'’1,2 % in volume, la quantità di proteine, grassi, acidi grassi saturi, carboidrati, zuccheri, fibre e sale.
Amendment 189 #
2008/0028(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. The amount of energy and nutrients referred to in paragraph 1 shall be expressed per 100 g or per 100 ml or, subject to Article 32(2) and (3),. In addition, the amount of energy and the quantities of nutrients may be expressed per portion.
Amendment 199 #
2008/0028(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The mandatorySome parts of the nutrition declaration shallmay be expressed, as appropriate, as a percentage of the reference intakes set out in Part B of Annex XI in relation to per 100 g or per 100 ml or per portion. When provided, the declaration on vitamins and minerals shall also be expressed as a percentage of the reference intakes set out in point 1 of Part A of Annex XI.
Amendment 208 #
2008/0028(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The nutrition declaration may be expressed on a per portion basis alone if the food is clearly prepacked as an individual portion or as more than one readily identifiable portion, all being of the same dimensions.
Amendment 213 #
2008/0028(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The particulars referred to Article 31(2) related to the mandatory nutrition declaration shall be included in the principalsame field of vision. They shall be presented, where appropriate, together in a clear format in the following order: energy, fat, saturatesprotein, carbohydrates with specific reference to sugars, fat, saturates, fibre, and salt.
Amendment 216 #
2008/0028(COD)
Proposal for a regulation
Articolo 34 – paragraph 1 a (new)
Articolo 34 – paragraph 1 a (new)
In accordance with the regulatory procedure with scrutiny referred to in Article 49(3), the Commission shall, by 31 December 2011 at the latest, establish specific criteria on exemptions from mandatory nutrition labelling for small agricultural, craft and commercial enterprises operating in the fields of sales/gastronomy and supply (the hotel and restaurant trade).
Amendment 219 #
2008/0028(COD)
Proposal for a regulation
Article 34 – paragraph 2 – subparagraph 2a (new)
Article 34 – paragraph 2 – subparagraph 2a (new)
Where the nutrition declarations are required for a product listed in Annex IV for nutritional or health reasons, these declarations shall not appear in the principal field of vision.
Amendment 234 #
2008/0028(COD)
Proposal for a regulation
Article 38
Article 38
1. In addition to the mandatory particulars referred to in Article 9(1) and in Article 10, Member States may, in accordance with the procedure laid down in Article 42, require additional mandatory particulars for specific types or categories of foods, justified on grounds of: (a) the protection of public health; (b) the protection of consumers; (c) the prevention of fraud; (d) the protection of industrial and commercial property rights, indications of provenance, registered designations of origin and the prevention of unfair competition. 2. By means of paragraph 1, Member States may introduce measures concerning the mandatory indication of the country of origin or place of provenance of foods only where there is a proven link between certain qualities of the food and its origin or provenance. When notifying such measures to the Commission, Member States shall provide evidence that the majority of consumers attach significant value to the provision of this information.
Amendment 75 #
2005/0254(COD)
Proposal for a regulation
Annex – row 1 a (new)
Annex – row 1 a (new)
Chapter 82 Cutlery, spoons and forks, of base metal