440 Amendments of Paweł ZALEWSKI
Amendment 29 #
2013/2989(RSP)
Paragraph 7
7. Calls on the EU and Vietnam to agree in the FTA on a fair and equitable treatment of all investors and services providers in the banking, insurance, legal, accounting, transport, distribution, wholesale and retail sector services; recalls that as regards financial services, it is also essential to ensure adequate supervision thereof to reduce systemic risk and provide the highest possible level of consumer protection as well as to enforce fair competition rules and practices between domestic and foreign investors and services providers, amongst other, by reducing, if not fully eliminating existing equity caps and abolishing restrictions on establishment and licence acquisition;
Amendment 41 #
2013/2989(RSP)
Paragraph 11
11. Considers that the FTA should respect sensitivities linked to trade in agricultural and fisheries products, but that this should not prevent market opening in areas of complementarity,both partners from full and mutual opening of their markets including tariff elimination in the areas of complementarity, inter alia with regard to wines and spirits and underlines that new market access shall be subject to a thorough enforcement of intellectual property protection among with geographical indications and sanitary and phytosanitary measures (SPS);
Amendment 43 #
2013/2989(RSP)
Paragraph 11 – point a (new)
(a) recalls the importance of respecting the WTO commitments in the spirit of trade liberalisation, and simultaneously underlines that any WTO-inconsistent practices should be abandoned before concluding the FTA negotiations
Amendment 28 #
2013/2675(RSP)
Motion for a resolution
Paragraph 2
Paragraph 2
Considers however, that the EU should positively respond to Taiwan's willingness to explore the possibility of launching negotiations for bilateral agreements on investment protection and market access;
Amendment 29 #
2013/2675(RSP)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Believes that the decision to start such negotiations with Taiwan should be based on economic reasons, and should not be interlinked with the evaluation of the relations between EU and China;
Amendment 23 #
2013/2674(RSP)
Motion for a resolution
Recital I
Recital I
I. whereas investors and investments shall strive, through their management policies and practices, to contribute tobe in line with the development objectives of the host states and the local levels of government where the investment is located;
Amendment 26 #
2013/2674(RSP)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the strengthening of economic relations between the European Union and China; calls on the EU and on China to pursue a relationship of partnership and mutual benefits rather than engage in fierce competition and confrontation;
Amendment 29 #
2013/2674(RSP)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes the inclusion of market access in the negotiations mandate; believes that the reassurance from China to include market access in the negotiations should constitute a precondition for launching the negotiations;
Amendment 30 #
2013/2674(RSP)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses the need to explicitly include both FDIs and portfolio investments into the negotiating process;
Amendment 38 #
2013/2674(RSP)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that currently the main form in which foreign companies are allowed to set up in China is through joint ventures; is convinced that further openness by China on the joint venture mechanism, towards other legal regulations allowing foreign investors to set up, combined with betterdue protection of intellectual property rights (IPR), would be mutually beneficial, and would favour a greater level of integration of the European and Chinese economies;
Amendment 54 #
2013/2674(RSP)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Reaffirms that in view of the successful conclusion of the negotiations, quality must always prevail over speed;
Amendment 56 #
2013/2674(RSP)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls for a compatibility of this agreement with multilateral obligations under GATS so as to fulfil the criteria of the Economic Integration agreement;
Amendment 100 #
2013/2674(RSP)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 108 #
2013/2674(RSP)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 244 #
2013/2149(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the recent developments in the EaP countries and their relations with the EU are a warning that the EU is still not considered as the only political alternativefor both sides that do not make enough efforts to promote and increase awareness of the mutual benefits of the Association Agreements;
Amendment 246 #
2013/2149(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls the achievements and ambitions of the EaP, which is the political framework for strengthening relations between the EU and the Eastern Partners, founded on mutual interests, commitments, shared ownership and joint responsibility, as well as the institutional basis for political cooperation, and a forum for dialogue between the partner countries; welcomes, in this connectionregard, the establishment of the Euronest Parliamentary Assembly and other cooperation platforms, such as the EaP Civil Society Forum and the Eastern Europe Initiatives Congress; notes however that the recent developments in some EaP countries have drawn attention to the fragility of the political process;
Amendment 251 #
2013/2149(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights that more progress can be made on the establishment of the visa-free regime; notes, in this connectionregard, that visa liberalisation is only one of a number of processes aimed at bringing the societies closer together, and that more efforts are required in this area, particularly with regard to advancing cooperation in the field of education and culture; considers that greater emphasis should be placed on the fact that the EaP project is directed at societies rather than authorities;
Amendment 253 #
2013/2149(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Highlights that Proposal for a Directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing is a tool which will have a great impact in the field of education and culture; calls for a prompt adoption of this directive offering the long-term visas and residence permits for the third-country nationals for the above mentioned purposes;
Amendment 255 #
2013/2149(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the importance of investing in youth and future leaders, by making full use of the scholarship opportunities under the ‘"Erasmus for All’+" programme to foster student exchanges between EaP countries and the EU Member States and establishing an Eastern Partnership University and the Black Sea European College, which would provide postgraduate education and seek to form future leaders from EaP countries and the EU Member States;
Amendment 258 #
2013/2149(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the need to enhance youth cooperation within the framework of the Youth in Action Programme’s EaP Youth Window, thusto strengthening young people’s active citizenship, developing solidarity and promotinge tolerance among young people;
Amendment 259 #
2013/2149(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the importance of focusing more on the consolidation of the energy sector, which is one of the main conditions for modernisation of the economy, and developing energy strategies in line with European Energy Community obligations; calls for the continuation of gas and electricity market reforms and an adequate share of energy from renewable resources; calls on the Commission and Council to make solidarity a fundamental principle of the Energy community that is expected to be fully respected by all the players active in the EU market especially in the face of politically motivated South Stream project pushed forward by Russia;
Amendment 260 #
2013/2149(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that difficulties have emerged in promoting and implementing the EaP, and stresses that the EU’s engagement should go beyond political dialogue to tackle and develop social, economic and cultural dialogue; calls on the Commission to prepare a clear communication strategy for the societies in the EaP countries to explain to them the benefits of the Association Agreements including Deep and Comprehensive Trade Areas (DCFTAs) as tools of modernising their political systems and economies;
Amendment 266 #
2013/2149(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Finds it regrettable that there is uneven interest among the Member States in relations with, and developments in, EaP countries; notes with concern the lack of understanding among the Member States about the geopolitical importance of cooperation and of a uniform stancecommon position on some issues;
Amendment 274 #
2013/2149(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Highlights the importance of fostering economic cooperation in order to bring the EaP project forward, inter alia by raising awareness of the complexity of economic problems, promoting good governance in the financial sector, adopting a sectoral approach, encouraging legislation conducive to the development of SME sector and promoting business partnerships between the EU and the EaP; highlights the need for concluding and provisional application of DCFTAs as the main tools of modernising the economies of the EaP countries and recovery from the financial crisis;
Amendment 281 #
2013/2149(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Calls for understanding that the EaP is an ambitious program, the results of which may become evident in the long- term perspective; stresses that, while the EaP is being widely criticized, the success of the initiative is dependent on the engagement and political will of both the EU and its Eastern Neighbours; furthermore notes that it is essential that any criticism of the EaP should have a constructive character and be targeted at its improvement rather than discrediting;
Amendment 205 #
2013/2081(INI)
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45 a. Supports the EU - Georgia Association Agreement, however, it believes that a tangible progress by Georgian authorities in the area of rule of law is necessary; in particular all the political prisoners including former Prime Minister Vano Merabishvili shall be released and the European standards in the upcoming presidential elections shall be met;
Amendment 15 #
2013/2062(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recognises that the industry is an essential driver for technological innovation and an important multiplier of growth; considers that maintaining a high level of innovation is vital for the industry in order to keep its leading edge in sustainability, technology and international competitiveness; simultaneously points out that the current high level of technology advancement of the EU should be utilised and built upon, and should not be unnecessarily compromised by the unbalanced "race for innovation"; stresses that public transport networks, traffic mobility and the technical breakthroughs of smart cities are powerful leverages for boosting the competitiveness of the European automotive sector; and highlights the role that public procurement can play in this regard;
Amendment 20 #
2013/2062(INI)
Draft opinion
Paragraph 2 b(new)
Paragraph 2 b(new)
2b. Deplores the negative trends of losing the competitiveness in the Union's automotive industry in recent years, due to rising manufacturing costs; an issue largely resulting from imposing increasingly restrictive safety and environmental standards, whereby their application is not mirrored at non-EU car producers; points out that the higher prices of EU cars have an obvious adverse effect on the sales volumes on the EU market;
Amendment 38 #
2013/2062(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls for the application of seasoned impact assessment studies for the industry prior to conclusion of free trade negotiations with economically strong EU partners in order to avoid any deterioration of the EU automobile sector;
Amendment 39 #
2013/0103(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Following the review, certain provisions of the Regulations should be amended in order to improve transparency and predictability, provide for effective measures to fight against retaliation, improve effectiveness and enforcement and optimise review practice, and to facilitate access to the instruments for SMEs. To this end, the function of the Export Helpdesk should be adapted. In addition, certain practices that in recent years have been applied in the context of anti- dumping and anti-subsidy investigations should be included in the Regulations.
Amendment 43 #
2013/0103(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to improve transparency and predictability of anti-dumping and anti- subsidy investigations, the parties affected by the imposition of provisional anti- dumping and countervailing measures, in particular importers, should be made aware of the impending imposition of such measures. The time given should correspond to the period between the submission of the draft implementing act to the anti-dumping committee established pursuant to Article 15 of Regulation (EC) No 1225/2009 and the anti-subsidy committee established pursuant to Article 25 of Regulation (EC) No 597/2009 and the adoption of that act by the Commission. This period is fixed in Article 3(3) of Regulation (EU) No 182/2011. Also, in investigations where it is not appropriate to impose provisional measures, it is desirable that parties are aware sufficiently in advance of such non-impositionr non-imposition of such measures. The time given should be of maximum two weeks.
Amendment 67 #
2013/0103(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 75 #
2013/0103(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 77 #
2013/0103(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 107 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Regulation (EC) No 1225/2009
Article 5 – paragraph 6
Article 5 – paragraph 6
6. If, in special circumstances, such as in, but not limited to, case of diverse and fragmented industry sectors, or in the case of threats of retaliation by a third country or its industry against EU industry, or its individual members, wishing to file a complaint under Article 5 of this Regulation, it is decided to initiate an investigation without having received a written complaint by or on behalf of the CommunityUnion industry for the initiation of such investigation, this shall be done on the basis of sufficient evidence of dumping, injury and a causal link, as described in paragraph 2, to justify such initiation.
Amendment 108 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 c (new)
Article 1 – paragraph 1 – point 1 c (new)
Regulation (EC) No 1225/2009
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
1c. In Article 6, a new paragraph 6a is added : 6a. The Commission shall adopt implementing acts to ensure the possible access to information to all interested parties by allowing for an information system whereby interested parties are notified when new non-confidential information is added to the investigation file.
Amendment 109 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 d (new)
Article 1 – paragraph 1 – point 1 d (new)
Regulation (EC) No 1225/2009
Article 6 – paragraph 9
Article 6 – paragraph 9
1d. Article 6, paragraph 9 shall be replaced by the following: For proceedings initiated pursuant to Article 5(9), an investigation shall be concluded within one year, in accordance with the findings made pursuant to Article 8 for undertakings or the findings made pursuant to Article 9 for definitive action.
Amendment 123 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 1225/2009
Article 6 – paragraph 10 a (new)
Article 6 – paragraph 10 a (new)
2a. In Article 6, the following new paragraph 10a is added: "10a. Throughout the investigation, the Export Helpdesk should provide to SMEs information and explanations on the case and how to better present evidences, and guidance on additional possibilities to liaise with the Hearing Officer and national customs authorities."
Amendment 136 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 1225/2009
Article 7 – paragraph 1
Article 7 – paragraph 1
Provisional duties shall not be appliimposed within a period of two weeks after the information is sent to interested parties under Article 19a. The provision of such information shall not prejudice any subsequent decision that may be taken by the Commission.
Amendment 142 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 b (new)
Article 1 – paragraph 1 b (new)
Regulation (EC) No 1225/2009
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Provisional duties may be imposed if proceedings have been initiated in accordance with Article 5, if a notice has been given to that effect and interested parties have been given adequate opportunities to submit information and make comments in accordance with Article 5(10), if a provisional affirmative determination has been made of dumping and consequent injury to the CommunityUnion industry, and if the CommunityUnion interest calls for intervention to prevent such injury. The provisional duties shall be imposed no earlier than 60 days from the initiation of the proceedings but no later than ninesix months from the initiation of the proceedings.
Amendment 151 #
2013/0103(COD)
Proposal for a regulation
Article 1 b (new)
Article 1 b (new)
Regulation (EC) No 1225/2009
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
For the purpose of this Regulation, "raw materials" are materials that represent an important input used in production of the product concerned such as a material from which the product concerned is made, a component included in the product concerned, or energy used to make the product concerned.
Amendment 159 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation (EC) No 1225/2009
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
The amount of the provisional anti- dumping duty shall not exceed the margin of dumping as provisionally established. Unless structural raw material distortions were found to exist with regard to the product concerned in the exporting country, it should be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the Union industryThe lesser duty shall not be applied if the price of the principle costs of production, such as primary or secondary raw materials or energy, of the product concerned are found to be structurally distorted and do not materially reflect market prices of such inputs.
Amendment 168 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 d (new)
Article 1 – paragraph 1 d (new)
Regulation (EC) No 1225/2009
Article 8 – paragraph 4
Article 8 – paragraph 4
1d. Article 8 (4) shall be replaced by the following: 4. Parties which offer an undertaking shall be required to timely provide ameaningful non-confidential version of such undertaking including as detailed as possible disclosure of its content and nature, so that it may be made available to interested parties to the investigation for their comments. Furthermore, the Commission shall consult the Union industry with regard to the main features and operation of the undertaking before accepting any such offer.
Amendment 184 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Regulation (EC) No 1225/2009
Article 9 – paragraph 4
Article 9 – paragraph 4
The amount of the anti-dumping duty shall not exceed the margin of dumping established. Unless structural raw material distortions were found to exist with regard to the product concerned in the exporting country, it shall be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the Union industryThe lesser duty shall not be applied if the price of the principle costs of production, such as primary or secondary raw materials or energy, of the product concerned are found to be structurally distorted and do not materially reflect market prices of such inputs.
Amendment 193 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 1225/2009
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 204 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1225/2009
Article 17 – paragraph 1
Article 17 – paragraph 1
In cases where the number of Union producers, exporters or importers, that cooperate in the investigation, or types of product or transactions is large, the investigation may be limited to a reasonable number of parties, products or transactions by using samples which are statistically valid on the basis of information available at the time of the selection, or to the largest representative volume of production, sales or exports which can reasonably be investigated within the time available.
Amendment 212 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
1. The Union producers, importers and exporters and their representative associations, and representatives of the exporting country, may request information on the planned imposition of provisional duties. Requests for such information shall be made in writing within the time limit prescribed in the notice of initiation. Such information shall be provided to those parties, at least two weeks before the expiry of the deadline mentioned in Article 7(1) for the imposition of provisional duties. Such information shall include:
Amendment 218 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Amendment 229 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 c (new)
Article 1 – paragraph 1 c (new)
Regulation (EC) No 1225/2009
Article 21 – paragraph 5
Article 21 – paragraph 5
1c. Article 21 (5) shall be replaced by the following: 5. The Commission shall examine the information which is properly submitted and the extent to which it is representative and the results of such analysis, together with an opinion on its merits, shall be transmitted to the Advisory Committee. The balance of views expressed in the Committee shall be taken into account by the Commission in any proposal made pursuant to Article 9. The Commission shall propose termination of investigation or review under this Article only if it is clear that under no possible scenarios would proposed measures help the Union industry to any degree.
Amendment 230 #
2013/0103(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Regulation (EC) No 1225/2009
Recital 11 a (new)
Recital 11 a (new)
Third countries increasingly interfere in trade of raw materials or energy with a view to keeping raw materials in those countries for the benefit of domestic downstream users, for instance by imposing export taxes or operating dual pricing schemes. As a result, the costs of raw materials or energy do not result from the operation of normal market forces reflecting supply and demand for a given raw material. Such interference creates additional distortions of trade. As a consequence, Union producers are not only affected by dumping, but suffer, compared to downstream producers from third countries engaged in such practices, from additional distortions of trade. In order to protect trade adequately, the lesser duty rule shall not apply in such cases of structural raw material distortions or energy distortions.
Amendment 244 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
Regulation (EC) No 597/2009
Article 10 – paragraph 8
Article 10 – paragraph 8
8. If, in special circumstances, the Commissionsuch as in, but not limited to, case of diverse and fragmented industry sectors, or in the case of threats of retaliation by a third country or its industry against EU industry, or its individual members, wishing to file a complaint under Article 5 of this Regulation, it is decidesd to initiate an investigation without having received a written complaint by or on behalf of the CommunityUnion industry for the initiation of such investigation, this shall be done on the basis of sufficient evidence of the existence of countervailable subsidiesdumping, injury and a causal link, as described in paragraph 2, to justify such initiation.
Amendment 251 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
Regulation (EC) No 597/2009
Article 11 – paragraph 11 a (new)
Article 11 – paragraph 11 a (new)
2a. In Article 11, a new paragraph 11a is added: Throughout the investigation, the Export Helpdesk should provide to SMEs informations and explanations on the case and how to better present evidences, and guidance on additional possibilities to liaise with the Hearing Officer and national customs authorities.
Amendment 255 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
Regulation (EC) No 597/2009
Article 11 – paragraph 11b (new)
Article 11 – paragraph 11b (new)
Amendment 259 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 c (new)
Article 2 – paragraph 1 – point 2 c (new)
Regulation (EC) No 597/2009
Article 11 – paragraph 9
Article 11 – paragraph 9
2c. In Article 11 (9) shall be replaced by the following: 9. For proceedings initiated pursuant to Article 10(11), an investigation shall, whenever possible, be concluded within one year. In any event, such investigations shall in all cases be concluded within 13 months of their initiation, in accordance with the findings made pursuant to Article 13 for undertakings or the findings made pursuant to Article 15 for definitive action.
Amendment 269 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Regulation (EC) No 597/2009
Article 12 – paragraph 1 – subparagraph 3
Article 12 – paragraph 1 – subparagraph 3
The amount of the provisional countervailing duty shall not exceed the total amount of countervailable subsidies as provisionally established.
Amendment 277 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Regulation (EC) No 597/2009
Article 12 – paragraph 1– point b
Article 12 – paragraph 1– point b
Provisional duties shall not be appliimposed within a period of two weeks after the information is sent to interested parties under Article 29b. The provision of such information shall not prejudice any subsequent decision that may be taken by the Commission.
Amendment 284 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 c (new)
Article 2 – paragraph 1 c (new)
Regulation (EC) No 597/2009
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
1c. Article 12(1), subparagraph 2 shall be replaced by the following: "The provisional duties shall be imposed no earlier than 60 days from the initiation of the proceedings but no later than ninesix months from the initiation of the proceedings."
Amendment 288 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 e (new)
Article 2 – paragraph 1 e (new)
Regulation (EC) No 597/2009
Article 13 – paragraph 4
Article 13 – paragraph 4
1e. Article 13 (4) shall be replaced by the following: "4. Parties which offer an undertaking shall be required to timely provide ameaningful non-confidential version of such undertaking including as detailed as possible disclosure of its content and nature, so that it may be made available to interested parties to the investigation. for their comments. Furthermore, the Commission shall consult the Union industry with regard to the main features and operation of the undertaking before accepting any such offer."
Amendment 297 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Regulation (EC) No 597/2009
Article 15 – paragraph 1 – subparagraph 5
Article 15 – paragraph 1 – subparagraph 5
The amount of the countervailing duty imposed shall not exceed the amount of countervailable subsidies established.
Amendment 303 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point a
Article 2 – paragraph 1 – point 6 – point a
Regulation (EC) No 597/2009
Article 22 – paragraph 1
Article 22 – paragraph 1
Amendment 313 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Regulation (EC) No 597/2009
Article 27 – paragraph 1
Article 27 – paragraph 1
"1. In cases where the number of Union producers, exporters or importers, who cooperate in the investigation, or types of product or transactions is large, the investigation may be limited to:"
Amendment 321 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
Regulation (EC) No 597/2009
Article 29 – introductory part
Article 29 – introductory part
1. The Union producers, importers and exporters and their representative associations, and the country of origin and/or export, may request information on the planned imposition of provisional duties. Requests for such information shall be made in writing within the time limit prescribed in the notice of initiation. Such information shall be provided to those parties, at least two weeks before the expiry of the deadline mentioned in Article 12(1) for the imposition of provisional duties.
Amendment 327 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EC) No 597/2009
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 329 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 d (new)
Article 2 – paragraph 1 d (new)
1d. Article 31 (5) shall be replaced by the following: 5. The Commission shall examine the information which is properly submitted and the extent to which it is representative, and the results of such analysis, together with an opinion on its merits, shall be transmitted to the Advisory Committee. The balance of views expressed in the Committee shall be taken into account by the Commission in any proposal made pursuant to Articles 14 and 15 9. The Commission shall propose termination of investigation or review under this Article only if it is clear that under no possible scenarios would proposed measures help the Union industry to any degree.
Amendment 337 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Regulation (EC) No 597/2009
Recital 9 a (new)
Recital 9 a (new)
(9a) Within the Union, countervailable subsidies are in principle prohibited pursuant to Article 107 (1) TFEU. Therefore, countervailable subsidies granted by third countries are particularly distortive of trade. The amount of State aid authorized by the Commission has steadily been reduced over time. For the anti-subsidy instrument, the lesser duty rule should hence no longer be applied to imports from a country/countries engaged in subsidisation.
Amendment 22 #
2012/2287(INI)
Motion for a resolution
Recital C
Recital C
C. whereas in a global, complex and increasingly multipolar world, the EU and the US, in spite of fiscal consolidation, should play key roles in the world's politics and economy and in the shaping of the international environment, and face together regional conflicts and global challenges on a multilateral basis; whereas, to that end, they should also secure the involvement of new key powers, including the EU's two Latin American strategic partners, Brazil and Mexico;
Amendment 73 #
2012/2287(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reiterates its determination to continue the fight against terrorism and organised crime and, at the same time, to respect and uphold human rights and fundamental liberties; welcomes the fact that the Passenger Name Records Agreement and the Terrorist Finance Tracking Programme Agreement (SWIFT Agreement), approved by the European Parliament, are already in force; urges the partners to promptly conclude the negotiations on the Data Protection Exchange Agreement; urges the Commission to resolve the issue of a visa requirement for the citizens of four EU Member States;
Amendment 79 #
2012/2287(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Urges the Commission to resolve the long standing issue of a visa requirement for the citizens of four EU Member States;
Amendment 139 #
2012/2287(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes President Obama's renewed commitment to the fight against climate change; urges the partners to agree, as early as possible, on binding commitments on the reduction of emission on a cooperation scheme on renewable energy sources; highlights the need to involve the Atlantic countries in this effort, especially because of the impact of climate change on food production, biodiversity and deforestation in Latin America and Atlantic Africa; reaffirms the need for a close transatlantic cooperation in the area of shale gas exploitation;
Amendment 147 #
2012/2287(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the EU and the US to adopt a common strategydress in international fora, especially the UN, onthe problem of the reduction of weapons of mass destruction and conventional arms and to involve the Atlantic countries in these endeavours; expects the US and Russia to make further progress on nuclear disarmament;
Amendment 168 #
2012/2287(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Urges the US administration to make the stalling Middle East peace process a priority and to ensure that direct negotiations are resumed without delay; urges the two partners to continue with the double-track approach and to find, as a matter of urgency, a diplomatic solution to the Iranian nuclear programme issue; calls on both partners to involve, whenever applicable, Iranian civil society and NGOs in the process;
Amendment 189 #
2012/2287(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Urges both partners to coordinate their policies towards a critical engagement with Russia; calls on the EU and the US to contribute to the process of Russian modernisation; in this context welcomes the approval of the Magnitsky list by the US Congress and reiterates its call on the EC, as expressed in the resolution adopted in October 2012, to follow the steps of our American partners and introduce an EU visa ban as well as financial sanctions for the Russian officials involved in the Magnitsky case; therefore, urges both partners to intensify pressure on the Russian authorities to re-open the Maginitsky case;
Amendment 118 #
2012/2137(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. Whereas the rising tensions over the disputed islands and overlapping and conflicting claims exist in the East Asia's maritime areas;
Amendment 189 #
2012/2137(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 270 #
2012/2137(INI)
Motion for a resolution
Paragraph 12 h (new)
Paragraph 12 h (new)
(h) Welcomes the increasing contacts between the PRC and Taiwan; stresses that the improvement in Cross-Strait relations is still seriously undermined by PRC's missiles aimed at Taiwan and China's international isolation of Taiwan; calls on China and the EU to respect Taiwan's right to meaningful participation in international organisations, as endorsed by the Council's declaration 9486/09 of 8 May 2009;
Amendment 298 #
2012/2137(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
(d) Due to the European Union's significant interests in the security and stability of East Asia, calls upon all parties concerned (China, Japan and Taiwan) to demonstrate restraint and to take steps to calm the situation; urges all parties concerned to settle disputes peacefully in a spirit of cooperation and in respect of international law, in particular the UN Convention on the Law of the Sea;
Amendment 5 #
2012/2094(INI)
Motion for a resolution
Recital A
Recital A
A. whereas technological developments enable individuals and societies all over the world to use new information and communication technologies (ICTs) and to connect to the internet, thus fosteracilitating rdevolutionary changes inelopment of individuals and societies, the functioning of public communication, democracy, governance, the and economy, business, media, development and trade; and presenting important tools in fight for fundamental rights;
Amendment 14 #
2012/2094(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas restrictions should only exist in cases of using the Internet for illegal activities, such as incitement to hatred, violence and racism, totalitarian propaganda and children's access to pornography or their sexual exploitation;
Amendment 17 #
2012/2094(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recognises the vast enabling, creating and catalysing potential of the internet and ICTs for community building, civil society, global economic, social, scientific, cultural and political development, contributing as such to the progress of humankind as a whole;
Amendment 25 #
2012/2094(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that theCalls on the Commission to duly address the fact that there are countries applying repression and control of citizens and business involves a growing technological component, through the blocking of content and the monitoring and identification of human rights defenders, journalists, activists and dissidents, as well as through; further calls on the Commission to act against the criminalisation of legitimate expression online and the adoption of restrictive legislation to justify such measures; reaffirms therefore that such practices are against the Copenhagen criteria;
Amendment 30 #
2012/2094(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 35 #
2012/2094(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that effective EU development and human rights policies require mainstreaming ICTs and bridging the digital divide, by providing basic technological infrastructures and facilitating access to knowledge and information;
Amendment 38 #
2012/2094(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers ICTs to be enablers of transparency and good governance, literacy, education, sexual and reproductive healthcare, effective election monitoring and disaster relief in remote areas or rural societies;
Amendment 42 #
2012/2094(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that EU development and aid programmes should include digital freedoms, above all in societhuman rights policies should include aid programs fostering digital freedoms, above all in societies in non-democratic countries, as well as in countries going through post-conflict or political transitions; believes that EU regulatory experts are essential interlocutors for purposes of training counterparts and embedding basic rights and principles in new (media) regulation and legislation;
Amendment 46 #
2012/2094(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Emphasises the need to ensure that rare earth materials used in the production of ICTs are obtained in conditions of respect for human, labour and environmental rights; and are not subject to monopolistic practices or subject to limitation of trade access caused by strictly political reasons;
Amendment 48 #
2012/2094(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Deplores the use offact that EU-made technologies and services are sometimes used in third countries to violate human rights through censorship of information, mass surveillance, monitoring, and the tracing and tracking of citizens and their activities on (mobile) telephone networks and the internet;
Amendment 52 #
2012/2094(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. WelcomesCalls for the ban on the export of repression technologies and services to Syria and Irannon-democratic countries; believes this ban should become a precedent for structural restrictive measures, such as an EU-wide ‘catch-all’ provision or ‘country- specific lists’ in the dual-use regulatory framework;
Amendment 58 #
2012/2094(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Regards certain targeted jamming, surveillance, monitoring and interception technology products and services as ‘single-use’ items whose export should be subject to ex ante approval, therefore calls for establishing a regularly updated list of countries violating the freedom of human right expression, to which export of 'single-use' items should be banned;
Amendment 64 #
2012/2094(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes companies should perform human rights impact assessments on ICTs, starting at the R&D phase, and ensure non-complicity in possible human rights violations in third countriesCalls on the Commission to provide for legal solutions enabling the Commission to demand human rights impact assessments from companies accomplishing public procurement;
Amendment 70 #
2012/2094(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 78 #
2012/2094(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 96 #
2012/2094(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on the Commission to propose a new regulatory framework for e- commerce, as well as an update of the Intellectual Property Rights Enforcement Directive (IPRED), which would balance the need for copyright reform and protection with the need to protect fundamental rights online and preserve the open internet and would serve as a basis for IPR provisions and commitments in future FTAs; calls on the Commission to present an evaluation of the Information Society Directive;
Amendment 106 #
2012/2094(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 108 #
2012/2094(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Calls for political and diplomatic support for digital freedoms in recipient countries of EU aid, in addition to assistance programmes in non-democratic countries and in recipient countries of EU aid programs;
Amendment 111 #
2012/2094(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Urges the Council and Commission to includpromote, in accession negotiations, human rights dialogues, trade negotiations and all forms of contact relating to human rights, conditionality clauses stipulating the need to respect and preserve unrestricted access to the internet, digital freedoms and human rights online;
Amendment 118 #
2012/2094(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Instructs its President to forward this resolution to the High Representative of the Union for Foreign Affairs and Security Policy/Vice-President of the European Commission, the Council, the Commission and the EEAS.
Amendment 57 #
2012/2029(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for greater synergy between EU trade and energy policy in line with strategic documents on energy policy cooperation with non-EU partners, including the Energy 2020 strategy and the Commission communication on the security of energy supply and international cooperation;
Amendment 58 #
2012/2029(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Underlines that strengthening the external dimension of the EU’s energy policy is of key importance in terms of both increasing the EU’s energy security and the EU’s trade relations with third countries; emphasises the need to build a stable framework for energy and raw materials cooperation with our strategic trading partners which complies fully with the regulations governing the internal energy market;
Amendment 62 #
2012/2029(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to underline the importance of the Energy Charter Conference and the need to support it, in order to make better use of the Energy Charter’s potential in key areas such as trade, transit, investments and dispute resolution, including inter alia by extending the Energy Charter Treaty to countries which have not signed and/or ratified it;
Amendment 82 #
2012/2029(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls the Commission to support the establishment of a comprehensive EU system of gas indexation based on gas market prices, so as to enable all EU gas trading companies to trade with external gas suppliers in a more fair and predictable manner, independently of the oil prices and to further foster competition on EU internal gas market;
Amendment 90 #
2012/2029(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission to also support research and development in the field of own-fuel resources, and to support the establishment of fuel supplies from diversified suppliers, sources of supply and fuel transmission lines to individual EU regions in order to ensure a minimum of two different sources of supply for each of them (pursuant to COM(2010)677(4.1.2);
Amendment 112 #
2012/2029(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. While appreciating the importance of the transition to a low-carbon economy, underlines the need to maintain its competitiveness and innovativeness, inter alia by using appropriate trade policy instruments; the transition to a low-carbon economy must be adapted to the potential of the geographical area in question, the specific nature of the energy system and energy mix of the particular Member State and its geological structure. This approach will make it possible to maintain a maximum level of energy security and economic competitiveness, while at the same time respecting the autonomy of each Member State, as enshrined in the Treaties, to set the conditions for use of its energy resources, to choose between different energy sources and to determine the general structure of its energy supply;
Amendment 116 #
2012/2029(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Recognises the importance of foreign direct investment by the EU in the construction and modernisation of energy infrastructure in developing countries; at the same time, underlines the need for appropriate legal protection for such investment, which may be achieved by extending the acquis communautaire to third countries (inter alia by strengthening and extending the area of application of the Energy Community Treaty);
Amendment 81 #
2012/2025(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the Copenhagen criteria continue to represent a valuable basis and should remain at the heart of enlargement policy; underlines, however, the need to keep the economic subcriteria up to date in line with recent developments in the sphere of economic governance, while taking due account of their social implications for the candidate and potential candidate countries; calls on the Commission to make updated criteria clear and transparent to all candidate countries so that they are aware of all commitments that they undertake in order to become EU members;
Amendment 97 #
2012/2025(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that the EU continues to be attractive, also because of its unique combination of economic dynamismy with a social model, and regrets that this social dimension has been largely neglected in the enlargement process; invites the Commission to reflect on possible options, including developing a set of social criteria, to address this deficiency and foster positive social transformation in the future EU Member States; stresses that failure to comply with the EU's common basic social standards constitutes a form of social dumping which is detrimental to European enterprises and workers;
Amendment 116 #
2012/2025(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. TDraws attention to the importance of the Madrid criteria (as defined by the Madrid European Council of December 1995) that emphasised the ability of candidate countries to put the EU rules and procedures into effect; also takes the view that strict conditionality requires that the progress of a country is effectively assessed at every stage of the process, and that countries wishing to join the EU should proceed from one stage to the next only once all the conditions have been met at each stage; notes, however, certain tendencies to exaggeration, and recommends avoiding requiring of candidate and potential candidate countries higher standards than those applying in the EU; stresses the importance of setting transparent and fair benchmarks throughout the process;
Amendment 249 #
2012/2025(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is of the opinion that, in order to maintain the support of the EU's citizens for further enlargement and the commitment of the citizens of the candidate and potential candidate countries to continue with reforms, it is crucial to present them with clear and comprehensive information on the political, socio- economic and cultural benefits of enlargement; considers it essential, in particular, to explain to the public how the pursuing of enlargement policy has brought in its wake new investment and export opportunities for the older Member States, and how it can help attain the EU's objectives in terms of tackling the economic crisis, creating jobs, protecfacilitating the environment and mitigating the effects of climate change, andfree flow of labour, protecting the environment, enhancing security and safety, while at the same time accelerating the reform agenda and, facilitating the access to financial resources and subsequently improving living conditions in the enlargement countries for the benefit of all European citizens as well as reducing social and economic imbalances; stresses the need to target, as a priority in this regard, young people and trade unions, as well as key opinion-formers such as journalists, representatives of civil society and economic actors;
Amendment 15 #
2012/0366(COD)
Proposal for a directive
Recital 15
Recital 15
(15) The likelihood of diverging regulation is further increased by concerns over tobacco products, including smokeless tobacco products, having a characterising flavour other than tobacco and menthol, which may facilitate uptake of tobacco consumption or affect consumption patterns. For example, in many countries, sales of mentholated products gradually increased even as smoking prevalence overall declined. A number of studies indicated that mentholated tobacco products can facilitate inhalation as well as smoking uptake among young people. Measures introducing unjustified differences of treatment between flavoured cigarettes (e.g. menthol and clove cigarettes) should be avoided.
Amendment 19 #
2012/0366(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
Amendment 31 #
2012/0366(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Council Directive 89/622/EEC of 13 November 1989 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the labelling of tobacco products and the prohibition of the marketing of certain types of tobacco for oral use38 prohibited the sale in the Member States of certain types of tobacco for oral use. Directive 2001/37/EC confirmed this prohibition. Article 151 of the Act of Accession of Austria, Finland and Sweden grants the Kingdom of Sweden derogation from this prohibition39. Upholds the ban on tobacco products for oral use, however, such a ban should not affect historically traditional smokeless tobacco products, which may be allowed by individual Member States. The prohibition of the sale of oral tobacco should be maintained in order to prevent the introduction to the internal market of a product that is addictive, has adverse health effects and is attractive to young people. For other smokeless tobacco products that are not produced for the mass market, a strict labelling and ingredients regulation is considered sufficient to contain market expansion beyond their traditional use.
Amendment 33 #
2012/0366(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Cross-border distance sales of tobacco products as well as free promotional or discounted distribution of tobacco products facilitate access to tobacco products of young people and risk to undermine compliance with the requirements provided for by tobacco control legislation and in particular by this Directive. Common rules on a notification system are necessary to ensure that this Directive achieves its full potential. The provision on notification of cross-border distance sales of tobacco in this Directive should apply notwithstanding the notification procedure set out in Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services. Business to consumer distance sale of tobacco products is further regulated by Directive 97/7/EC of the European Parliament and the Council of 20 May 1997 on the protection of consumers in respect of distance contracts, which will be replaced by Directive 2011/83/EU of the European Parliament and the Council of 25 October 2011 on consumer rights, as of 13 June 2014Therefore, cross-border distance sales of tobacco and free and/or discounted distribution of tobacco should be prohibited.
Amendment 53 #
2012/0366(COD)
Proposal for a directive
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
(d) the prohibition of cross-border distance sales of tobacco products;
Amendment 56 #
2012/0366(COD)
Proposal for a directive
Article 1 – paragraph 1 – point f a (new)
Article 1 – paragraph 1 – point f a (new)
(fa) the requirement to implement a system, outside the control of the tobacco industry, for the tracking and tracing of tobacco products, in order to secure the supply chain and assist in the detection, prevention and punishment of illicit trade;
Amendment 57 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) ‘essential additive’ means an ingredient which is indispensable for the manufacturing of a tobacco products;
Amendment 58 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Amendment 59 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘characterising flavour’ means a distinguishable aroma or taste other than tobacco, resulting from an additive or combination of additives, including but not limited to fruit, spice, herb, alcohol, candy, menthol or vanilla observable before or upon intended use of the tobacco product. Menthol as a traditional tobacco product flavour is not considered to be a characterising flavour;
Amendment 65 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘cigar’ or ‘cigarillo’ means a roll of tobacco consumed via a combustion process including a small type of cigar with a diameter of up to 8 mm and further defined in Article 4(1) of Council Directive 2011/64/EU of 21 June 2011 on the structure and rates of excise duty applied to manufactured tobacco46 ;
Amendment 66 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Amendment 70 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 18 a (new)
Article 2 – paragraph 1 – point 18 a (new)
(18a) ‘reconstituted tobacco’ is a product which results from the enhancement of different parts of the tobacco plant from threshing and the manufacture of tobacco products, whether used as a wrap for cigars and cigarillos either as sheets or individual strands as a component of the tobacco blend for cigarettes and other tobacco products.
Amendment 71 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 25
Article 2 – paragraph 1 – point 25
(25) ‘place on the market’ means to make products available to consumers locatedany supply of products for distribution, consumption or use in the Union, with or without payment, including by means of distance sale; in case of cross-border distance sales the product is deemed to be placed on the market in the Member State where the consumer is located;
Amendment 72 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 30
Article 2 – paragraph 1 – point 30
(30) ‘substantial change of circumstances’ means an increase of the sales volumes by product category, such as pipe tobacco, cigar, cigarillo, by at least 120% in at least 10 Member States based on sales data transmitted in accordance with Article 5(4); or an increase of the prevalence level in the consumer group under 25 years of age by at least 5 percentage points in at least 10 Member States for the respective product category based on ____ [this date will be set at the moment of adoption of the Directive] Eurobarometer report or equivalent prevalence studies;
Amendment 74 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 36 a (new)
Article 2 – paragraph 1 – point 36 a (new)
(36a) ‘unique identification markings’ means a security feature which is both material-based and digitally-based
Amendment 78 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 86 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall prohibit the placing on the market of tobacco products with a characterising flavour. Menthol as a traditional tobacco product flavour is not considered to be characterising flavour and therefore, the use of menthol shall be allowed.
Amendment 88 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Member States shall not prohibit the use of additives which are essential for the manufacture of tobacco products, as long as the additives do not result in a product with a characterising flavousuch as sugar.
Amendment 90 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The Commission shall adopt by means of implementing actsbe empowered to adopt delegated acts, in accordance with Article 22, to determine uniform rules on the procedures for determining whether a tobacco product falls within the scope of paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.
Amendment 93 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. In case the experience gained in the application of paragraphs 1 and 2 shows that a certain additive, which is not essential for manufacture, or a combination thereof typically impart a characterising flavour when it exceeds a certain level of presence or concentration the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to set maximum levels for those additives or combination of additives that cause the characterising flavour.
Amendment 97 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shall prohibit the use of flavourings, except menthol, in the components of tobacco products such as filters, papers, packages, capsules or any technical features allowing modification of flavour or smoke intensity. Filters and capsules shall not contain tobacco. Technical features aimed at reducing some harmful components of smoke or increasing the biodegradability of tobacco products are not affected.
Amendment 102 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
10. Tobacco products other than cigarettes, and roll-your-own tobacco and smokeless tobacco products shall be exempted from the prohibitions laid down in paragraphs 1 and 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to withdraw this exemption if there is a substantial change of circumstances as established in a Commission report.
Amendment 125 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 3 – point d
Article 9 – paragraph 3 – point d
Amendment 126 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
The general warning shall be printed or affixed by means of non-removable stickers on the most visible surface of the unit packet and any outside packaging. The text warnings listed in Annex I shall be rotated in such a way as to guarantee their regular appearance. These warnings shall be printedappear on the other most visible surface of the unit packet and any outside packaging.
Amendment 128 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) printedappear in black Helvetica bold type on a white background. The warnings may be affixed by means of stickers, provided that such stickers are irremovable. In order to accommodate language requirements, Member States may determine the point size of the font, provided that the font size specified in their legislation is such as to occupy the greatest possible proportion of the area set aside for the text required;
Amendment 131 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 4 – point b
Article 10 – paragraph 4 – point b
(b) centred in the area in which they are required to be printedappear, parallel to the top edge of the unit packet and any outside packaging;
Amendment 133 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 137 #
2012/0366(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
This tobacco product can damageis harmful to your health and is addictive
Amendment 145 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 1 – point d a (new)
Article 12 – paragraph 1 – point d a (new)
(da) refers to technical features aiming to reduce some harmful components of smoke or increase the biodegradability of tobacco products.
Amendment 150 #
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 diameter of less than 7.5 mm shall be deemed to be misleading.
Amendment 161 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 166 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 170 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that require that unique, secure and non-removable identification markings hereafter called unit packets of tobacco products shall be marked with a unique identifierque identification markings, such as codes or stamps, are affixed to or form part of all unit packets and packages and any outside packaging of cigarettes. In order to ensure their integrity, unique identifiers shall be irremovably printed/affixed, indelible and in no way hidden or interrupted in any form, including through tax stamps and price marks, or by the opening of the packet. In relation to products manufactured outside the Union the obligations laid down in this Article apply only to those destined to or placed on the Union market.
Amendment 174 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 2 – point e
Article 14 – paragraph 2 – point e
(e) the product name and description;
Amendment 175 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 2 – point g
Article 14 – paragraph 2 – point g
(g) the intended shipment route, the shipment date, shipment destination, point of departure and consignee;
Amendment 177 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall ensure thatrequire that track and trace technology capable of reading and transmitting data electronically to the storage facility pursuant to paragraph 6, the ownership for which is outside the control of tobacco manufacturers and their partners in the supply chain, is made available to all economic operators involved in the trade of tobacco products from the manufacturer to the last economic operator before the first retail outlet, including importers, warehouses and transporting companies. Such economic operators shall record the entry of all unit packets into their possession, as well as all intermediate movements and the final exit from their possession. TIn conformity with Article 14(1), this obligation canshall be fulfilled by recording in aggregated form, e.g. of outside packaging, provided that tracking and tracing of unit packets remains possible.
Amendment 180 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 181 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Recorded data cannot be modified or deleted by any economic operator involved in the trade of tobacco products, but the economic operator that introduced the data and other economic operators directly concerned by the transaction such as the supplier or the recipient can comment on previously introduced data. The economic operator concerned shall add the correct data and a reference to the previous entry which requires rectification in their view. In exceptional circumstances and upon submission of adequate evidence, the competent authority in the Member State in which the recording took place or if the recording took place outside the Union the competent authority in the Member State of importation, can authorise the modification or deletion of data previously registered.
Amendment 182 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Member States shall ensure that manufacturers and importers of tobacco products conclude data storage contracts with an independent third partyconclude data storage contracts with a third party, which may be an agency of the Member State, and which is legally independent from the tobacco companies or their partners in the supply chain, which shall host the data storage facility for data relating to the manufacturer and importer concerned. The data storage facility shall be physically located on the territory of the Union. Member States shall ensure full transparency. The suitability of the third party, in particular its independence and technical capacities, as well as the contract, shall be approved and monitored by an external auditor, who is proposed and paid by the tobacco manufacturer and approved by the Commission. Member States shall ensure full transparency and accessibility of the data storage facilities for the competent authorities of the Member States, the Commission and the independent third party on a permanent basis. In duly justified cases Member States or the Commission can provide manufacturers or importers access to this information, provided commercially sensitive information remains adequately protected in conformity with the relevant national and Union legislations.
Amendment 184 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 8
Article 14 – paragraph 8
8. In addition to the unique identifier, Member States shall require that all unit packets of tobacco products which are placed on the market carry a visible, tamper proof security feature of at least 1 cm², which shall be irremovably printed or affixed, indelible and in no way hidden or interrupted in any form, including through tax stamps and price marks, or other elements mandated by legislation. Member States may combine their national fiscal marking with the tamper-proof security feature, provided that it complies with the technical specifications mentioned into this paragraph.
Amendment 187 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 9 – introductory part
Article 14 – paragraph 9 – introductory part
9. The Commission shall be empowered, taking into account existing practices, technologies and commercial practicalities as well as global standards for tracking and tracing and authentication of fast-moving consumer goods and relevant requirements under the WHO FCTC Protocol to Eliminate Illicit Trade in Tobacco Products, to adopt delegated acts in accordance with Article 22:
Amendment 188 #
2012/0366(COD)
Proposal for a directive
Title 2 – chapter 3 – title
Title 2 – chapter 3 – title
Amendment 189 #
2012/0366(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Member States shall set maximum limits for toxic or carcinogenic substances present in smokeless tobacco products placed on the market.
Amendment 191 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Member States shall oblige retail outlets intending to engage inprohibit cross- border distance sales of tobacco products to consumers located in the Union to register with the competent authorities in the Member State where the retail outlet is established and in the Member State where the actual or potential consumer is located. Retail outlets established outside the Union have to register with the competent authorities in the Member State where the actual or potential consumer is located. All retail outleas well as distribution of free or discounted tobacco products intencluding to engage inhrough cross- border distance sales shall submit at least the following information to the competent authorities:.
Amendment 193 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
Amendment 195 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
Amendment 197 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
Amendment 202 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 204 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 206 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 208 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
Amendment 234 #
2012/0366(COD)
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
Member States may allow the following products, which are not in compliance with this Directive, to be placed on the market until [Publications Office, please insert the exact date: entry into force + 242 months]:
Amendment 134 #
2012/0180(COD)
Proposal for a directive
Recital 3
Recital 3
(3) When established in the Union, collecting societies – as service providers – must comply with the national requirements pursuant to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market whichWhereas this Directive seeks to create a legal framework for ensuring the freedom of establishment and the free movement of services between the Member States, it also introduces a derogation from the freedom to provide services across borders in relation to intellectual property rights, which applies to services provided by collecting societies. This implies that collecting societies should be free to provide their services across borders, to represent rightholders residin other Member States as long as they comply with the national requirements or established in other Member States or grant licences to users resident or established in otherf these Member States, including with authorization schemes. Such authorizations to be granted on non-discriminatory basis, in particular such authorisations should be granted as a matter of formality to renowned and well-established collective management organisations, already in operations in Member States.
Amendment 150 #
2012/0180(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Having the freedom to provide and to receive collective management services across national borders entails that a rightholders are is able to freely choose thea collecting societyve management organisation for the management of theirhis rights, such as public performance or broadcastingwhether they be communication to the public or reproduction rights, or categories of rights, such as interactive commubroadcasting, theatrical exhibition, or reproduction for online distribution but provided that the collective management organicsation to the public, provided the collecting society already manages suchhe rightholder wishes to choose already manages such rights or categories of rights. The rights or categories of rights or types of works and other subject matter managed by the collective management organisation should be determined by the general assembly of members and subject to, where applicable, an authorisation granted by the competent authority, without prejudicing the right of the rightholder to make such a choice under this Directive. It is important that the rights orand categories of rights. This implies that rightholders can easily withdraw their rights or categories of rights from a collecting society are determined in a manner that maintains a balance between the freedom of rightholders to dispose of their works and other subject matter and the ability of the organisation to effectively manage the rights taking into account, in particular, the type of rights managed by the organisation and the creative sector in which the organisation operates. Rightholders should be able to easily withdraw their rights or categories of rights or individual works from a collective management organisation and entrust or transfer all or part of them to another collecting societyve management organisation or another entity irrespective of the Member State of residence or the nationality of either the collecting societyve management organisation or the rightholder. Collecting societieve management organisations managing different types of works and other subject matter, such as literary, musical or photographic works, should also allow this flexibility to rightholders as regards the management of different types of works, individual works and other subject matter. Collecting societieve management organisations should inform rightholders of this choice and allow them to exercise it as easily as possible. Finally, this Directive should not prejudice the possibilities ofy for rightholders to manage their rights individually, including for non-commercial uses.
Amendment 167 #
2012/0180(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Members should be allowed to take part in monitoring the management of collecting societies. To this end, collecting societies should establish a supervisory function appropriate to their organisational structure and allow members to be represented in the body that exercises this function. To avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this Directive proportionate, Member States should be able to, if they consider this to be necessary, exclude the smallest collecting societies from having to organise such a supervisory function.
Amendment 210 #
2012/0180(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
Amendment 216 #
2012/0180(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 227 #
2012/0180(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘'collecting society’ve management organisation' means any organisation which is authorised by law or by way of assignment, licence or any other contractual arrangement, by more than one rightholder, to manage copyright or rights related to copyright on behalf of several rightholders, for the collective benefit of those rightholders as its sole or one of its main purposes, and which is: (i) owned or controlled by its members;, and/or (ii) organised as a not for profit organisation.
Amendment 253 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Rightholders shall have the right to authorise a collecting societyve management organisation of their choice to manage the rights, or categories of rights or works or types of works and other subject matter of their choice, for the Member States of their choice, irrespective of the Member State of residence or of establishment or the nationality of either the collecting society or the rightholder.
Amendment 258 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 (new)
Article 5 – paragraph 2 – subparagraph 1 (new)
Rightholders shall have the right to grant free licenses for the non-commercial use of their works and rights. In this case the rightholders shall inform in due time the collective management organization authorized to manage the rights to such works that such a free license has been granted.
Amendment 275 #
2012/0180(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Collecting societies shall accept rightholders as members if they fulfil the membership requirements. They may only refuse a request for membership on the basis of objective and non-discriminatory criteria. These criteria shall be included in the statute or the membership terms of the collecting society and shall be made publicly available.
Amendment 292 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 5 – introductory part
Article 7 – paragraph 5 – introductory part
5. In accordance with the provisions laid down in Chapter 2 of Title II, the general meetingassembly of members shall, at least, take decisions on the following issues:
Amendment 294 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 5 – point a
Article 7 – paragraph 5 – point a
(a) the policy on the distribution of the amounts due to rightholders, except where the general meeting decides to delegate this decision to the body exercising the supervisory function;
Amendment 297 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
(b) the general policy on the use of the amounts due to rightholders which cannot be distributed as set out in Article 12(2) except where the general meeting decides to delegate this decision to the body exercising the supervisory function;
Amendment 300 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 5 – point c
Article 7 – paragraph 5 – point c
(c) the general investment policy, including on granting loans or providing security or guarantee for loans, with regard toand risk management policy with regard to rights revenue and any income arising from the investment of rights revenue;
Amendment 301 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 5 – point d
Article 7 – paragraph 5 – point d
(d) the rulesgeneral policy on deductions from rights revenue. and from any income arising from the investment of rights revenue, to the extent investments are allowed by the Member States;
Amendment 305 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 5 – point d a (new)
Article 7 – paragraph 5 – point d a (new)
(da) (e) the approval of any acquisition, sale or hypothecation of immovable property by the collective management organisation;
Amendment 308 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 5 – point d b (new)
Article 7 – paragraph 5 – point d b (new)
(db) the approval of mergers and alliances, setting-up subsidiaries, acquiring other entities or shares or rights in other entities;
Amendment 311 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 5 – point d c (new)
Article 7 – paragraph 5 – point d c (new)
(dc) the approval of taking-out loans, granting loans and providing security for loans, to the extent it is allowed by the Member States;
Amendment 313 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 5 – point d d (new)
Article 7 – paragraph 5 – point d d (new)
(dd) The general assembly of members may delegate the powers in points (e), (f) and (g) to the body exercising the supervisory function.
Amendment 348 #
2012/0180(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 366 #
2012/0180(COD)
Proposal for a directive
Article 10 – paragraph 4 – point c a (new)
Article 10 – paragraph 4 – point c a (new)
(ca) the investments shall not lead to the extension of the term referred to in Article 12(1).
Amendment 371 #
2012/0180(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Management fees shall not exceed the justified and documented costs incurred by the collective management organisation for the management of copyright and related rights.
Amendment 395 #
2012/0180(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The collecting society shallMember States shall ensure that a collective management organisation does not apply deductions, other than reasonable management fees, to the rights revenue derived from the rights it manages on the basis of a representation agreement with another collecting society, unless the other collecting society expressly consents to such deductions, and to any income arising from the investment of that rights revenue.
Amendment 401 #
2012/0180(COD)
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Member States shall ensure that users provide a collective management organisation, without undue delay, with the information on the use of the rights represented by the collective management organisation that is necessary for the collection of rights revenue and for the distribution and payment of amounts due to rightholders. Member States shall ensure that collective management organisations have the right to request the above information from users. When necessary, this information should be provided in an electronic form allowing for its processing by the collective management organisation.
Amendment 402 #
2012/0180(COD)
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
Licensing terms shall be based on objective and non-discriminatory criteria, in particular in relation to tariffs. Tariffs for exclusive rights and rights to remuneration shall reflect in particular, the economic value of the use of the rights in trade, the nature and scope of the use of the work and other subject matter.
Amendment 431 #
2012/0180(COD)
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
Without prejudice to paragraph 2, Articles 17 and 26(2), Member States shall ensure that a collecting societyve management organisation makes available atno leastss than once a year, by electronic means, the following information to each rightholder it represents to each rightholder to whom it attributed rights revenue or made payments, in the period to which the information relates, at least the following information:
Amendment 434 #
2012/0180(COD)
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
(a) any personalcontact daetails which the rightholder has authorised the collecting societyve management organisation to use including order to identify and locate the rightholder with the request to update these data if necessary;
Amendment 435 #
2012/0180(COD)
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) the rights revenue collected on behalf ofattributed to the rightholder;
Amendment 436 #
2012/0180(COD)
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) the amounts duepaid by the collective management organisation to the rightholder per category of rights managed, and type of use, paid by the collecting society to the rightholder in the period concerned;
Amendment 437 #
2012/0180(COD)
Proposal for a directive
Article 16 – paragraph 1 – point d
Article 16 – paragraph 1 – point d
(d) the period during which the uses took place for which amounts are due to the rightholderwere attributed and paid to the rightholder, unless objective reasons related to the reporting by users prevent the collective management organisation from providing this information;
Amendment 438 #
2012/0180(COD)
Proposal for a directive
Article 16 – paragraph 1 – point e
Article 16 – paragraph 1 – point e
(e) the deductions made for management fees in the period concerned;
Amendment 440 #
2012/0180(COD)
Proposal for a directive
Article 16 – paragraph 1 – point f
Article 16 – paragraph 1 – point f
(f) the deductions made for any purpose other than management fees, including those that may be required by national law for the provision of any social, cultural or educational services in the period concerned;
Amendment 442 #
2012/0180(COD)
Proposal for a directive
Article 16 – paragraph 1 – point g
Article 16 – paragraph 1 – point g
(g) any amounts duerights revenue attributed to the rightholder which areis outstanding for theany period concerned;
Amendment 443 #
2012/0180(COD)
Proposal for a directive
Article 16 – paragraph 1 – point h
Article 16 – paragraph 1 – point h
Amendment 446 #
2012/0180(COD)
Proposal for a directive
Article 16 – paragraph 1 – point h a (new)
Article 16 – paragraph 1 – point h a (new)
(ha) the information on the use of the rights represented by the collective management organisation where it is necessary for determining the amounts of the rights revenue due to the rightholder.
Amendment 449 #
2012/0180(COD)
Proposal for a directive
Article 18
Article 18
Amendment 467 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. Member States shall ensure that a collecting society makes public through a searchable interface at least the following information:
Amendment 473 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 1 – point g a (new)
Article 19 – paragraph 1 – point g a (new)
(ga) standard licensing contracts and applicable tariffs;
Amendment 476 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 1 – point g b (new)
Article 19 – paragraph 1 – point g b (new)
(gb) the repertoire and rights it manages and the Member States covered;
Amendment 479 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 1 – point g c (new)
Article 19 – paragraph 1 – point g c (new)
(gc) a list of representation agreements it has entered into, including information on other collecting societies involved, the repertoire represented and the territorial scope covered by any such agreement;
Amendment 481 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 1 – point g d (new)
Article 19 – paragraph 1 – point g d (new)
(gd) any information on works for which one or more rightholders have not been identified including, where available, the title of the work, the name of the author, the name of the publisher and any other relevant;
Amendment 482 #
2012/0180(COD)
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 2
Article 20 – paragraph 1 – subparagraph 2
The annual transparency report shall be published on the website of the collecting society and shall remain available to the public on that website for at least five years.
Amendment 486 #
2012/0180(COD)
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 502 #
2012/0180(COD)
Proposal for a directive
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3a. The requested collective management organisation shall offer and manage the repertoire of the requesting collective management organisation for the purpose of multi-territorial licensing on the same conditions as its own repertoire.
Amendment 505 #
2012/0180(COD)
Proposal for a directive
Article 31
Article 31
Amendment 507 #
2012/0180(COD)
Proposal for a directive
Article 32
Article 32
Amendment 531 #
Amendment 533 #
2012/0180(COD)
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Member States shall ensure that procedures are set up for members of a collecting society, rightcompliance by collective management organisations established in their territory with the provisions of national law adopted pursuant to the requirements laid down in this Directive is monitored by competent authorities designated for that purpose. To this end Member States may require these collective management organisations to obtain the prior authorisation from the competent authority before commencing the collective management. Member States shoulders, users and o not decline the prior authorisation for operating on their interested parties to submit complaints to the competent authorities with regard to the activities of collecting societies which are covered by this Directiveterritories unless there are reasonable circumstances that justify such a refusal. Collective management organisations operating in Member States for at least twenty years as of the date of entry into force of this Directive should be granted authorisation on automatic basis without any formalities. Every collecting management organisation which is declined the authorisation or its authorisation is revoked has a right to appeal against the decision.
Amendment 535 #
2012/0180(COD)
Proposal for a directive
Article 37 – paragraph 1 a (new)
Article 37 – paragraph 1 a (new)
1a. Member States may require collective management organisations established outside their territory to obtain a prior authorisation from the competent authority in order to operate within the framework of the arrangements in that Member State concerning the management of rights such as extended collective licensing, compulsory collective management and legal presumptions of representation, or transfer of rights. Member States shall ensure that compliance by collective management organisations, operating in their territory on the basis of such authorisation, with the provisions of national law adopted pursuant to the requirements laid down in this Directive is monitored by competent authorities designated for that purpose.
Amendment 15 #
2012/0085(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) This Regulation is part of the Union's common commercial policy, which must be consistent with the objectives of the Union policy in the field of development cooperation, laid down in Article 208 of the TFEU, in particular the eradication of poverty and the promotion of sustainable development and good governance in the developing countries. As such it should also comply with World Trade Organisation (WTO) requirements, in particular with the Decision on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries (the 'Enabling Clause'), adopted under the General Agreement on Tariffs and Trade (GATT) in 1979, under which WTO Members may accord differential and more favourable treatment to developing countries,
Amendment 108 #
2012/0060(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘covered goods or services’ means a good or service originating in a country with which the Union has concluded an international agreement in the field of public procurement including market access commitments and in respect of which the relevant agreement applies. Annex I to this Regulation contains a list of relevant agreements and information on effective scope of procurement covered by them;
Amendment 116 #
2012/0060(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
When awarding contracts for the execution of works and/or a work,ithout prejudice to Articles 10 and 11, when awarding contracts for the supply of covered goods or the provision of covered services, contracting authorities/entities shall treat ecovered goods and services equally to goods and services originating in the European Unionnomic operators from third countries equally to economic operators originating in the EU to the extend, in which offered by them services and goods are covered according to Annex I.
Amendment 122 #
2012/0060(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Upon request of cContracting authorities/entities the Commission shall assess whether to approve, for contracts with an estimated value equal or above EUR 5.000.000 exclusive of value-added tax (VAT) the exclusion fromare empowered to exclude economic operators originating in third countries from participation in a public procurement procedure, in any case, when particular procedures for the award of contracts tenders comprising goods or services originating outside the Union, if the value of the non- covered goods or services exceeds 50 % of the total value of the goods or services constituting the tender, under the following conditionsment is not covered by market access commitments, listed in Annex I. The Commission shall adopt implementing acts establishing standard forms for contract award notices. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 17 (3).
Amendment 131 #
2012/0060(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Amendment 133 #
2012/0060(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Contracting authorities/entities intending to apply paragraph 1 shall require tenderers in a contract notice to provide information on the origin of the goods and/or services contained in the tender, and their value. They shall accept self- declarations as preliminary evidence that tendeeconomic operators cannot be excluded pursuant to paragraph 1. A contracting authority may ask a tenderen economic operator at any moment during the procedure to submit all or parts of the required documentation where this appears necessary to ensure the proper conduct of the procedure. The Commission may adopt implementing acts establishing standard forms for declarations concerning the origin of goods and services. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 17 (3).
Amendment 141 #
2012/0060(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. For contracts referred to in paragraph 1, the Commission shall adopt an implementing act concerning the approval of the intended exclusion within a period of two months commencing on the first working day following the date on which it receives the notification. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17 (2). This period may be extended once by a maximum of two months in duly justified cases, in particular if the information contained in the notification or in the documents annexed thereto is incomplete or inexact or if the facts as reported undergo any substantive changes. If, at the end of this two-month period, or the extended period the CommissParagraph 1 shall not apply where the Commission has adopted the implementing act on temporary access of goods and services from a country engaged in substantive negotiations with the Union has not adopted a decision approving or disapproving the exclusion, the exclusion shall be deemed to have been disapproved by the Commissionset out in Article 9(4).
Amendment 204 #
2012/0060(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The assessment by the Commission of whether restrictive procurement measures are maintained by the third country concerned shall be made on the basis of the information supplied by interested parties and Member States and/or facts collected by the Commission during its investigation, and shall be concluded within a period of ninthree months after the initiation of the investigation. In duly justified cases this period may be extended by three months.
Amendment 231 #
2012/0060(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Where, after the initiation of a consultation, it appears that the most appropriate means to end a restrictive procurement practice is the conclusion of an international agreement, negotiations shall be carried out in accordance with the provisions of Articles 207 and 218 of the Treaty on the Functioning of the European Union. If a country has engaged in substantive negotiations with the European Union concerning market access in the field of public procurement, the Commission may adopt an implementing act providing that goods and services from that country cannot be excluded from procedures for the award of contracts pursuant to Article 6. The examination procedure shall apply.
Amendment 240 #
2012/0060(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. In the event that a consultation with a third country does not lead to satisfactory results within 152 months from the day the consultation with the third country started, the Commission shall terminate the consultation and consider acting under Article 10 to adopt implementing acts to limit the access of goods and services originating in a third country .
Amendment 250 #
2012/0060(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) the exclusrejection of a tenders of which more than 50 % of the total value is made up of non-covered goods or services originating in the country adopting or maintaining a restrictive procurement practice; and/or
Amendment 253 #
2012/0060(COD)
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
(3 a) Measures adopted pursuant to paragraph 1 should be indicated in a publicly available source.
Amendment 257 #
2012/0060(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
In the event that a contracting authority/entity conducts a procurement procedure, under Article 31 of Directive 2004/18/EC or under Article 40 (3) 2 of Directive 2004/17/EC and decides not to apply a measure adopted pursuant to Article 10 of this Regulation, or reinstated pursuant to Article 11, it shall indicate this use in the contract award notice it publishes pursuant to Article 35 of Directive 2044/18/EC or Article 43 of Directive 2004/17/EC and notify the Commission no later than ten calendar days after the publication of the contract award notice.
Amendment 262 #
2012/0060(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Contracts concluded with an economic operator in violation of Commission implementing acts adopted pursuant to Article 6 upon intended exclusion notified by contracting authorities/ entities or measures adopted pursuant to Article 10 or reinstated pursuant to Article 11 shall be declared ineffective within the meaning of Directive 2007/66/EC provided this violation impaired the result of the public procurement proceeding.
Amendment 270 #
2012/0060(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Articles 58 and 59 of Directive 2004/17/EC shall be repealed with effect from the entry into force of this Regulation. The transitional period for the Member States to repeal national provisions related to implementing Articles 58 and 59 of Directive 2004/17/EC shall not exceed 6 months.
Amendment 16 #
2012/0000(RSP)
Recital G a (new)
Ga. whereas the TA also contains far- reaching obligations for the Colombian and Peruvian governments to enact legislation concerning e-commerce and intellectual property rights with the risk of imposing limitations to the freedom of expression; notes the already existing concern that insufficient safe-guards in TAs cause detrimental development to, and a risk of criminalization of, freedom of speech in particularly Colombia;
Amendment 79 #
2012/0000(RSP)
Paragraph 17
17. Emphasises the importance of the principles of fair, just and transparent administrative and legal procedures in order to implement national labour laws, including strict labour inspections, as well as international Human Rights standards, in accordance with their international obligations; believes that fair, just and transparent administrative and legal procedures are also needed to ensure that no undue restrictions are put on communication or freedom of speech, which are very important for empowering citizens to themselves organize;
Amendment 8 #
2011/2306(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the DCFTA negotiations with Ukraine were completed in October 2011; whereas the DCFTA will only enter into force after the conclusion of the EU- Ukraine Association Agreement, which is currently blocked due to the EU’s discontent with Ukraine’s internal politjudicial developments;
Amendment 12 #
2011/2306(INI)
Motion for a resolution
Recital E
Recital E
E. whereas in 2011 Armenia made significant progress towards fulfilling the key recommendations, and DCFTA negotiations could therefore start in the foreseeable futurewere launched in February 2012;
Amendment 26 #
2011/2306(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recognises that DCFTAs present for EU a vital trade instrument for building up long term economic relationships with third countries; acknowledges the impact of DCFTAs on the entire functioning of our trade partners countries that reaches far beyond pure trade issues, influencing also the state of democracy, the rule of law and other common standards.
Amendment 27 #
2011/2306(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that the decision making process to assess the preparedness of potential EU partners to enter into trade negotiations should be free from political prejudgements and should to a larger extent depend on the real capacity of the trade partner to effectively implement the DCFTA conditions;
Amendment 28 #
2011/2306(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Acknowledges the fact that DCFTAs might be a core component of a wider political agreement (Association Agreements); stresses, however, that in cases when it is not possible or advisable to have an AA with a particular third country, an adequate trade agreement (i.e. in form of a DCFTA) shall be considered, so as to efficiently pursue the EU economic and trade goals;
Amendment 33 #
2011/2306(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is in favour of strengthening the cooperation between EU and its Eastern Partners in a number of sectors, in particular: industry, SMEs, research, development and innovation, ICT and tourism;
Amendment 35 #
2011/2306(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that differentiation accompanied by application of the ‘more for more’ principle as outlined in the above-mentioned Joint Communication on A new response to a changing neighbourhood is also a step in the right direction in trade relations with the Eastern Partners, making it possible to rewardacknowledging the efforts of those who make the most progress and motivating others to step up their efforts;
Amendment 37 #
2011/2306(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Appreciates the recognition that for countries which are not in line for DCFTAs, other frameworks of cooperation can be explored, i.e. under the umbrella of Agreements on Conformity Assessment and Acceptance of Industrial products (ACAA) or other specific sectoral or industry-targeted agreements;
Amendment 48 #
2011/2306(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes all efforts towards strengthening of the Eastern Partnership, especially the Commission’s flagship initiatives on SMEs, including the EaP SME facility, and on regional energy markets and energy efficiency;
Amendment 49 #
2011/2306(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. ConsidersRecognises the importance of the EURONEST Parliament Assembly (PA), particularly its Committee on Economic Integration, Legal Approximation and Convergence with EU policies as well as its Committee on Energy Security, to be an ideal platform forin discussions on trade issues between the Members of the European Parliament and national parliamentarians of the EU’s Eastern Partners; expresses its hope that the conditions for the members of the Belarusian Parliament to join the EURONEST PA will be met in the foreseeable future;
Amendment 50 #
2011/2306(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines that a DCFTA is not assistance given to the Eastern Partners, it is a trade deal bringing about reciprocal advantages for both parties; regrets that the ENP review still does not elaborate on how developing such a trade policy could present a boost for EU economic interests by bringing substantial benefits to EU consumers, companies and workers; stresses that DCFTAs would not only bring economic benefits for the Eastern Partners but can also accelerate institutional reforms, modernisation and development;
Amendment 53 #
2011/2306(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Insists that the EU’s strategy towards Russia should integrate the Russian influence on the Eastern Partners; notes that Russia has concluded a Customs Union with Kazakhstan and with one Eastern Partner, Belarus; regrets that Russia may have undermined the trade negotiations between the EU and several Eastern Partners, in particular Ukraine, by offering them an alternative path, based on short-term solutions such as lower gas prices; reckons that these alternatives will turn counterproductive on the long run for the Eastern Partners;
Amendment 54 #
2011/2306(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Insists that the success of DCFTAs will to a great extent depend on theirinstitution building and a proper implementation of the commitments, which can only be assured in an open, transparent and corruption-free business environment; , which is a prerequisite for a successful implementation of DCFTAs.
Amendment 55 #
2011/2306(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that, even if most of the Eastern Partners represent only a very small market for the EU, prosperity and stability in the EU’s Eastern neighbourhood are in the EU’s utmost interest and moreover that stable and predictable relations between the EU and its Eastern Partners will undoubtedly raise trade volumes in both directions;
Amendment 58 #
2011/2306(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the EU authorities to be more involved in finding a peaceful solution for the problems of territorial reintegration of Moldova, Georgia and Azerbaijan;
Amendment 74 #
2011/2306(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Emphasises that the accession of Azerbaijan to the WTO is the key prerequisite for opening the DCFTA negotiations and thus bringing EU- Azerbaijan trade relations to a higher level; notes that the nastructure of the Azerbaijani economy does not give the countryits government a strong motivation to seek WTO membership and a DCFTA with the EU; stresses however that the benefits of a DCFTA are not purely economic but that it could also bring about sustainable progress and prosperity in many other areadevelop the local economy beyond its overreliance on energy exports; urges the Azerbaijani Government therefore to step up its efforts towards WTO membership; in this regard calls on the EU to provide Azerbaijan with the necessary assistance;
Amendment 76 #
2011/2306(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Commends the remarkable economic growth experienced by Azerbaijan in past years; points out however that the oil sector provides 50% of Azerbaijan’s GDP, 95% of its exports and 60% of its budget revenues, which makes the Azerbaijani economy vulnerable to oil price volatility and all changes in global demand; calls in this regard on the Azerbaijani Government to consider adopting effective and consistent measures to diversify the country’s economy;
Amendment 77 #
2011/2306(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Recalls Azerbaijan’s great potential for development of a competitive agricultural production, and recommends that the Azerbaijani Government take into account this area as a potentially important step towards the diversification of its economy and its exports to the EU, subject to compliance with EU sanitary and phytosanitary requirements, and to other countries;
Amendment 79 #
2011/2306(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Strongly supports the upgrading of the trade component of the future EU- Azerbaijan Association Agreement to a DCFTA once all the conditions are met; suggest that an intermediary step could present a new agreement with enhanced trade provisions, in particular on energy, combined with ACAA;
Amendment 80 #
2011/2306(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Regrets that Belarus, despite its unquestionable potential, is drifting more and more farther from EU in terms of its overall political and economic standards, as well as its model of economy;
Amendment 81 #
2011/2306(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 84 #
2011/2306(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 86 #
2011/2306(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 91 #
2011/2306(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Stresses the importance of Belarus’s strategic position as a country of transit for energy, particularly supplies of natural gas for the EU; emphasises in this regard the importance of providing aid for the energy sector under the regional ENPI instrument (via energy infrastructure, for instance)calls therefore for its prompt ratification of the Energy Charter;
Amendment 97 #
2011/2306(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Stresses the need for more EU assistance in order to improve the performance of administrative structures, in particular the need to fight corruption;
Amendment 101 #
2011/2306(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Points out that there is a need for a deeper involvement of EU banks within the territory of Belarus in order to avoid a diminution of EU influenceinvestors in Belarus in the restructuring an privatisation of its economy; calls therefore for necessary judicial and administrative reforms that would enable EU companies to become present and play an active role in this country;
Amendment 109 #
2011/2306(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Congratulates Georgia on having remarkably well tackled the dramatic economic impact of the 2008 military conflict withaggression from Russia and on having successfully reoriented its exports towards other markets;
Amendment 111 #
2011/2306(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Recognises that the Georgian Government is trying to enhance the protection of intellectual property rights, points out however that Georgia still has thea highest prevalence of pirated software (95%) of any country; calls in this regard on the Georgian Government to pursue with the utmost insistence its fight against piracy;
Amendment 112 #
2011/2306(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Regrets however that Georgia still remains one of the poorest Eastern Partners, and emphasises that the DCFTA would help to unleash Georgia’s potentialEmphasises that the DCFTA would help fight existing inequalities, particularly in rural areas; and enable the country to become an attractive location for investment;
Amendment 116 #
2011/2306(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Welcomes Georgia’s new procurement system, enabling e-auctions for all types of contracts, irrespective of their size or nature; points out that Georgia should also serve as an example for the EU Member States in this area;
Amendment 118 #
2011/2306(INI)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Calls on Georgia to ensure that, after the conclusion of the DCFTA negotiations, only eligible products originating from the breakaway regions of Abkhazia and South Ossetia benefit fromregions formally recognising their adhesion to the Georgian state are eligible for trade preferences;
Amendment 120 #
2011/2306(INI)
Motion for a resolution
Paragraph 52
Paragraph 52
52. Reiterates its previously expressed wishIs of the opinion that the future DCFTA should apply to the whole territory of Moldova, including the breakaway region of Transnistria, which could serve as a soft- power tool towards the resolut that formally acknowledges its adhesion tof the Transnistrian frozen conflictMolovan state;
Amendment 121 #
2011/2306(INI)
Motion for a resolution
Paragraph 53
Paragraph 53
53. Notes that, for the time being, most Moldovan exports originate from agriculture and thus face fierce competition and strict requirements in the EU market; takes the view that a DCFTA should help diversify Moldovan exports and make the country more competitive and would enable Moldova to attract foreign investments in order to end its dependence on remittances and make the transition to an export-competitive market economy;
Amendment 123 #
2011/2306(INI)
Motion for a resolution
Paragraph 56
Paragraph 56
Amendment 125 #
2011/2306(INI)
Motion for a resolution
Paragraph 58
Paragraph 58
58. Points out that Ukraine is the EU’s largest Eastern Partner and that the DCFTA opens a new market of 5046 million consumers for the EU; considers that for the EU the biggest benefits from implementing the DCFTA will come from a more stable and predictable trade and investment regime in Ukraine;
Amendment 126 #
2011/2306(INI)
Motion for a resolution
Paragraph 59
Paragraph 59
59. Welcomes the Ukrainian authorities’ efforts to focus on overcoming the economic backwardness of eastern parts of Ukraine, which is a real contribution to the national integrity of Ukrainesocial and geographic inequalities, in particular between the capital and the regions;
Amendment 132 #
2011/2306(INI)
Motion for a resolution
Paragraph 61
Paragraph 61
61. Points out however that the application of the DCFTA will also bring about structural and political reforms; questions in this regardsupports the current EU position, which makes the political reforms a precondition for the conclusion of the Association Agreement and consequently the DCFTA; calls on the Commission to examine the possibilities of initialling and implementing the DCFTA regardless of the conclusion of the Association Agreement, i.e. as an ad interim agreementmonitor the evolution of the judicial and political situation in Ukraine;
Amendment 136 #
2011/2306(INI)
Motion for a resolution
Paragraph 62
Paragraph 62
62. Recognises that, regarding integration into European structures, Ukraine is the most advanced Eastern Partner, which is gradually adapting its legal system to the EU and to international standards and has also made great progress in the adoption of OECD standards and norms; notes nevertheless that the business climate in Ukraine is still considered at the 152th rank by the World Bank’s Doing Business, with a worsening of the state of problems regarding trading across borders;
Amendment 138 #
2011/2306(INI)
Motion for a resolution
Paragraph 64
Paragraph 64
64. Reiterates that fundamental economic, political and institutional reforms with a broad and permanent participation of civil society organisations and networks, must be accelerated and conducted in a more comprehensive and consistent way, in order to ensure proper implementation of the DCFTA and the gains coming from it; in particular, calls for continuation of economic reforms in the areas of agriculture, energy and transport sectors;
Amendment 139 #
2011/2306(INI)
Motion for a resolution
Paragraph 66
Paragraph 66
66. Points out that Ukraine still continuCalls the Ukrainian government to better address the concerns of business sector, in particular: access to underperform credit and land, mortgage, preferential credits for developing attracting foreign digricultural small enterprises; simplified and more transparecnt investment as compared to the EU’s newest Member States and compared to most current and potential candidates for accession to tax collection system, refunding value-added tax to exporters, customs clearance and approval procedures for imports, promotion of the SMEs sector, improvement of law enforcement in the area of protection of material assets and intellectual property; as all those factors have an immediate and direct impact on the quantity and quality of trade relations withe EU in the Western Balkans; and its foreign direct investment inflow in Ukraine;
Amendment 140 #
2011/2306(INI)
Motion for a resolution
Paragraph 67
Paragraph 67
67. Calls on Ukraine to adapt its internal legislation in order to facilitate free and uninterrupted transit of gas to the EU Member States; notes that this process should include restructuring of the gas sector and the establishment of a fair regulation of the energy infrastructures with a view towards equal footing between foreign suppliers, foreign customers and local demand of energy; to call for enhanced cooperation between the EU and Ukraine in the energy sector, for integration of the Ukrainian energy sector into the European energy sphere, and for the initiation of joint modernisation and development projects in the energy infrastructure sphere; calls the government to implement the 3rd energy package;
Amendment 6 #
2011/2132(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the future Association Agreement with Ukraine heralds a new generation of association agreements under Art. 217 TFEU and involves an unprecedented level of integration between the European Union and a third country; whereas with this agreement Ukraine commits itself to implementing a large portion of the acquis communautaire; whereas the negotiations with Ukraine are amongst the most advanced in the Eastern Neighbourhood and therefore serve as an example for the European Neighbourhood Policy (ENP) as a whole,
Amendment 8 #
2011/2132(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. to call on the Ukrainian side to fulfil its duties relating to restructuring of the gas sector by the end of 2011;
Amendment 11 #
2011/2132(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. to call for enhanced cooperation between the EU and Ukraine in the energy sector, for integration of the Ukrainian energy sector into the European energy sphere, and for the initiation of joint modernisation and development projects in the energy infrastructure sphere;
Amendment 13 #
2011/2132(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. to call for action to improve EU and Ukrainian energy security through the introduction of bilateral mechanisms to provide early warning and avoid interruptions in the supply of energy and energy raw materials;
Amendment 19 #
2011/2132(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. to continue to call for unilateral political and economic reforms in Ukraine that would lead to the modernisation of its infrastructures, notably in energy and transport; to helping business, most urgently through easier access to credit and land and simpler and faster processes for tax collection and customs; to the removal of red tape and corruption; and to enforcement of the rule of law and democratic practices; and to an improvement in the law in the area of protection of material assets and IP and more effective mechanisms for vindication of rights and claims by businesses through the courts;
Amendment 25 #
2011/2132(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the EU favours a stable and democratic Ukraine that respects the principles of a social and inclusive market economy, the rule of law, human rights and the protection of minorities and which guarantees fundamental rights; whereas Ukraine's efforts to build domestic political stability and augment internal reform are accelerating and facilitating the further development of Ukraine's European integration process,
Amendment 25 #
2011/2132(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 30 #
2011/2132(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the Ukrainian political and state leadership has repeatedly confirmed its commitment to European integration and its long-term ambition to enable Ukraine to become a Member State of the European Union, and considers Association Agreement to be a key instrument in achieving this objective; whereas this goal continues to be supported by all actors on the Ukrainian political stage; whereas the increase in cooperation between the Ukraine and Members of the European Parliament, and between the Ukraine and parliaments of the EU Member States, is a commendable example of different political forces working together to advance Ukraine's integration with the EU,
Amendment 36 #
2011/2132(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. to call – pursuant to the provisions of Article 218(5) of the Treaty – for a decision to be taken authorising provisional application of the regulations of the Free Trade Agreement, which is a fundamental part of the Association Agreement, before it enters into effect;
Amendment 37 #
2011/2132(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. to call on the Ukrainian authorities to set up an effective system for putting the provisions of the Free Trade Agreement into effect and to cooperate on an ongoing basis with European institutions in the sphere of implementation of this agreement;
Amendment 54 #
2011/2132(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the Russian Federation is exercising excessive pressure on Ukraine not to establish a DCFTA with the European Union but instead to join a Customs Union with Russia, Belarus and Kazakhstan, which is an unprecedented case in the history of relation of EU with external partners, countries outside the WTO which still constitute a major export market for Ukrainian products; whereas the DCFTA is a tool for modernisation and its establishment offers Ukraine financial benefits, the tangibility of which will increase with time,
Amendment 57 #
2011/2132(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. bearing in mind that Ukraine is a transit country in gas trade between the Russian Federation and EU, and that its trade conditions present the substance of pressure exerted by the Russian Federation on Ukraine,
Amendment 58 #
2011/2132(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. bearing in mind that in 2008/2009, we faced a long break in the Russian gas supply to Europe as a consequence of the Russian demand to increase gas prices for exports into Ukraine,
Amendment 73 #
2011/2132(INI)
Motion for a resolution
Paragraph 1 – point b a (new)
Paragraph 1 – point b a (new)
(ba) to implement an interim agreement on the DCFTA after initialling of the Association Agreement and prior to conclusion of the ratification process of DCFTA;
Amendment 75 #
2011/2132(INI)
Motion for a resolution
Paragraph 1 – point c
Paragraph 1 – point c
(c) to provide Ukraine with sufficient financial, technical and legal assistance during the preparatory period and the implementation process of the agreement and strengthen its administrative capacity by increasing all forms of available assistance in this area; and to this end, to make better use of the Comprehensive Institution Building Programme (CIB) and consider the creation of a High Level EU Advisory Group to Ukraine to assist the country in its efforts to align with EU legislation; whereas the precondition for any assistance should be the evaluation of the reforms of strengthening Ukraine's administrative capacity, as published in annual reports to be prepared by the EU and Ukrainian independent experts;
Amendment 80 #
2011/2132(INI)
Motion for a resolution
Paragraph 1 – point d
Paragraph 1 – point d
(d) to set up a mutual exchange programme for civil and judicial servants in order to facilitate the implementation of the Association Agreement, and in particular the DCFTA;
Amendment 81 #
2011/2132(INI)
Motion for a resolution
Paragraph 1 – point e
Paragraph 1 – point e
(e) to assist the Ukrainian authorities in informing the Ukrainian people of the Association Agreement in order to build support for the reform agenda; to disclose to public the content of the agreement as soon as possible;
Amendment 94 #
2011/2132(INI)
Motion for a resolution
Paragraph 1 – point h
Paragraph 1 – point h
(h) to include clear benchmarks for the implementation of the Association Agreement and provide monitoring mechanisms, including the role of non- governmental organisations and the provision of regular reports to the European Parliament (including reports prepared by Ukrainian independent experts); to ensure that the dispute- settlement mechanism of the agreement can be used in the event of violations of fundamental freedoms or of the rule of law, assessed on the basis of these clear benchmarks;
Amendment 103 #
2011/2132(INI)
Motion for a resolution
Paragraph 1 – point j a (new)
Paragraph 1 – point j a (new)
(ja) to ensure that the interim agreement would contain provisions of cooperation between civil societies of the contracting parties, so as to enable them to exercise their rights and to become influential actors under the Association Agreement;
Amendment 109 #
2011/2132(INI)
Motion for a resolution
Paragraph 1 – point k a (new)
Paragraph 1 – point k a (new)
(ka) to offer EU support for the Ukrainian government to assist Ukraine in negotiations of the gas delivery conditions from Russia in order to guarantee that Ukraine's gas trade with Russia will follow the European trade standards and prices;
Amendment 123 #
2011/2132(INI)
Motion for a resolution
Paragraph 1 – point n
Paragraph 1 – point n
(n) to develop specific instruments (i.e. Civil Society European Council) to help the Ukrainian civil society to become acquainted with the process of dialogue between social partners in the EU, in order to further integrate civil society into policy processes in Ukraine;
Amendment 19 #
2011/2056(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to ensure access to raw materials and rare earths through fair trade agreements and strategic trade partnerships that will allow developing countries to diversify and industrialise their economies; calls on the Commission in this context to incorporate compliance with ILO standards and international environmental standards into trade agreements;
Amendment 30 #
2011/2056(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 75 #
2011/2056(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Urges the European Commission to identify key strategic resources for the EU and guarantee access to them;
Amendment 76 #
2011/2056(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Stresses that trade in raw materials cannot be used as a tool for achieving political goals but should have a solely economic dimension. It should not be used to generate political dependency, but should be subject to the usual economic rules;
Amendment 77 #
2011/2056(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Stresses the need to establish clear rules for cooperation in the field of raw materials trade between all participants involved (producers, exporters, transit countries, importers); at the same time, considers that the Commission should take a stand against projects which run counter to this principle, such as the construction of the Southstream gas pipeline, whose main purpose is to avoid using Ukraine as a transit country and block the creation of the Nabucco pipeline. The goal of Southstream should be to transfer gas extracted in Russia, while Nabucco should facilitate the supply of gas to the EU from other sources;
Amendment 1 #
2011/2050(INI)
Motion for a resolution
Citation 3
Citation 3
Amendment 6 #
2011/2050(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU’s evolving common foreign and security policy should include Russia as a strategic partner; whereas Russia is a country whose culturn enormous country, a substantial proots lie in Europe and whichportion of whose inhabitants see themselves as having a European identity, and is an important global and regional player, with membership in the United Nations Security Council, the G8, the G20 the Council of Europe and OSCE;
Amendment 9 #
2011/2050(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the signature by the EU and Russia of a Memorandum of Understanding on the settling of bilateral issues regarding Russia’s accession to the WTO; believes that Russia’s accession to the WTO is vital to EU-Russia economic cooperation and to the negotiations on a possible Free Trade Agreement in the long term; underlines, however, that EU- Russia relations should have a broader agenda than business agreements, namely urges more cooperation from Russia in areas such as the rule of law, democratic standards and human rights;
Amendment 14 #
2011/2050(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EU and Russia are mutually interdependent, both economically and politically, and whereas enhanced cooperation and good-neighbourly relations between the EU and Russia areshould therefore be seen as being of major importance for the stability, security and prosperity of both Europe and Russia;
Amendment 15 #
2011/2050(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Hopes thatCalls the Commission will be able to negotiate a strong new agreement, based on the four common spaces and with clear indications on regulatory and legislative issues and enforcement instruments; underlines that 75% of FDI in Russia comes from the EU and emphasises that a legally binding agreement on trade and investment, laying the foundations for a dispute settlement regime, is essential;
Amendment 18 #
2011/2050(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the current partnership and cooperation agreement was intended to step up cooperation with Russia, including in economic matters, with a view to making the country more democratic, modern, wealthy and well-governed, and whereas those goals have not been achieved;
Amendment 20 #
2011/2050(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the situation as regards the rule of law, human rights and civil liberties is deteriorating in the Russian Federation; whereas Russia is now less democratic than it was before the partnership and cooperation agreement was concluded; whereas, Russia, where Vladimir Putin is now in his third term of office, has developed a mechanism for exercising power – extending to presidential elections – that undermines the spirit of the Russian Constitution and is at odds with European standards; whereas the last Duma elections were not deemed to have been conducted in accordance with OSCE standards;
Amendment 21 #
2011/2050(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas in many areas of foreign policy Russia is acting contrary to EU interests, one example being its policy towards Iran and Syria, and whereas it is also violating international standards, examples of this being its invasion of Georgia, its occupation of South Ossetia and Abkhazia and continued patronage of the self-proclaimed, separatist state of Transnistria, and its hampering of efforts to settle the Nagorno-Karabakh dispute;
Amendment 22 #
2011/2050(INI)
Motion for a resolution
Recital B d (new)
Recital B d (new)
Bd. whereas the Russian Federation is showing no inclination to modernise its economy, which is based on large-scale exploitation and export of mineral resources;
Amendment 23 #
2011/2050(INI)
Motion for a resolution
Recital B e (new)
Recital B e (new)
Be. whereas corruption is omnipresent and has become an integral part of the way in which the country is run;
Amendment 24 #
2011/2050(INI)
Motion for a resolution
Recital C
Recital C
Amendment 26 #
2011/2050(INI)
Motion for a resolution
Recital D
Recital D
Amendment 36 #
2011/2050(INI)
Motion for a resolution
Recital E
Recital E
Amendment 38 #
2011/2050(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Points out that the Russia-Kazakhstan- Belarus customs union has led to higher consolidated tariffs and calls on Russia to engage in an effective dialogue to rectify these trade irritants.Expresses its concern that the Customs Union between Russia-Kazakhstan- Belarus will impose additional duties, further going against WTO regulations and undermining the actual will of the Russian Government with respect to WTO membership;
Amendment 45 #
2011/2050(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recognizing the Russian Federation as an essential energy supplier to the EU, calls on the Commission to sign an agreement with the Russian Government in order to warrant no interruption of gas supplies to the EU Member States for the duration of long lasting supply agreements with Russia;
Amendment 46 #
2011/2050(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Urges Russia to re-establish the oil supply to the Mazeikiu Refinery in Lithuania;
Amendment 47 #
2011/2050(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Points out that a secure energy relationship between the EU and Russia rests equally on transparency of energy trading in transit countries and in elimination of violation of property rights;
Amendment 48 #
2011/2050(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Underlines the need for environmental impact assessments for all energy-related infrastructure projects, in order to guarantee that the international standards of environmental protection are met;
Amendment 49 #
2011/2050(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Urges the Russian authorities to ratify the Espoo Convention;
Amendment 50 #
2011/2050(INI)
Draft opinion
Paragraph 6 f (new)
Paragraph 6 f (new)
6f. Calls on the Russian Government to ensure good relations and respect the sovereignty of nations in their neighbourhood;
Amendment 51 #
2011/2050(INI)
Draft opinion
Paragraph 6 g (new)
Paragraph 6 g (new)
6g. Calls in particular on the Russian Government to follow its obligations to the Cease-Fire Agreement of 2008 with Georgia and the sister EU-Russia Agreement on Georgia;
Amendment 52 #
2011/2050(INI)
Draft opinion
Paragraph 6 h (new)
Paragraph 6 h (new)
6h. Applauds the ratification of Protocol 14 of the European Convention on Human Rights by the Russian Federation;
Amendment 53 #
2011/2050(INI)
Motion for a resolution
Paragraph 1 – introductory part
Paragraph 1 – introductory part
1. Addresses, in the context of the ongoing negotiations on the new agreement, the following recommendations to the Council, the Commission and the European External Action Service: General: I. the necessary conclusions must be drawn from the failure of the policy pursued to date by the EU towards Russia and from the fact that Russia has its own, different vision of development, which often competes with that of the EU; II. account needs to be taken of the fact that the Russian authorities have based their system of governance on principles that are contrary to the spirit of European democracy and the rule of law; III. it should be remembered that in many areas the economic policy pursued by Russia is harming EU interests; IV. efforts need to be made to step up cooperation in all areas in which EU and Russian interests are likely to coincide, while opposing Russian policy in areas in which it constitutes a threat to European interests and values; V. it should be remembered that the goal of EU policy towards Russia is to secure the democratisation and modernisation of the country and to give civil society a more prominent role; VI. a distinction therefore need to be made between EU policy towards the Russian authorities, which should be based on principles of conditionality, and EU policy towards the Russian people, which should be a policy of complete openness aimed at stepping up contacts between EU and Russian citizens;
Amendment 53 #
2011/2050(INI)
Draft opinion
Paragraph 6 i (new)
Paragraph 6 i (new)
6i. Encourages future dialogues under the Troika Human Rights consultation;
Amendment 54 #
2011/2050(INI)
Draft opinion
Paragraph 6 j (new)
Paragraph 6 j (new)
6j. Insists, however, on the need for a revision of the consultation process, in order to allow for a result-oriented dialogue on human and minority rights issues in both Russia and the EU and on EU-Russian cooperation on human rights issues in international fora;
Amendment 55 #
2011/2050(INI)
Draft opinion
Paragraph 6 k (new)
Paragraph 6 k (new)
6k. As one revision of the consultation process, asks the Russian side to invite other institutions besides the Foreign Ministry to be involved in the consultations; believes the presence of individuals from the Ministries of Justice, Interior and the prosecutor's office and prisons to be particularly appropriate;
Amendment 56 #
2011/2050(INI)
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
(a) ensure that the new agreement provides a comprehensive and forward-looking framework for the further development of relations with Russia in upcoming years which is economically advantageous for the EU, and take the necessary action to ensure that the negotiations with Russia continue at a steady pacen appropriate pace dependent on a genuine willingness on Russia's part to adopt European standards and fulfil the commitments entered into;
Amendment 56 #
2011/2050(INI)
Draft opinion
Paragraph 6 l (new)
Paragraph 6 l (new)
6l. Expresses strong concern over the status of NGOs and human rights defenders in Russia and urges the Russian Government to ensure a peaceful and safe environment for the development of such organisations and individuals;
Amendment 57 #
2011/2050(INI)
Draft opinion
Paragraph 6 m (new)
Paragraph 6 m (new)
6m. Regards full compliance by Russia with the WTO rules as a necessary precondition and minimum standard for a free-trade agreement between the EU and Russia;
Amendment 58 #
2011/2050(INI)
Draft opinion
Paragraph 6 n (new)
Paragraph 6 n (new)
6n. Aware of Russia's interest in WTO membership, calls on the Russian Government to eliminate temporary import duties as they contradict WTO regulations;
Amendment 59 #
2011/2050(INI)
Draft opinion
Paragraph 6 o (new)
Paragraph 6 o (new)
6o. Urges Russia not to press any other country to join the Customs Union;
Amendment 60 #
2011/2050(INI)
Draft opinion
Paragraph 6 p (new)
Paragraph 6 p (new)
6p. Asks the Russian Federation to consider accession to the Anti- Counterfeiting Trade Agreement and to improve its Intellectual Property Rights record;
Amendment 61 #
2011/2050(INI)
Draft opinion
Paragraph 6 q (new)
Paragraph 6 q (new)
6q. Condemns Russia's non-transparent economic policy, especially the use of discretionary powers towards international investors;
Amendment 62 #
2011/2050(INI)
Draft opinion
Paragraph 6 r (new)
Paragraph 6 r (new)
6r. Expects improvement of the rule of law in Russia and points out that this is crucial for EU investors and traders;
Amendment 63 #
2011/2050(INI)
Draft opinion
Paragraph 6 s (new)
Paragraph 6 s (new)
6s. Condemns the legal process of the case of Mr Khodorkovsky and underlines that it is not in line with international standards.
Amendment 84 #
2011/2050(INI)
Motion for a resolution
Paragraph 1 – point h
Paragraph 1 – point h
(h) follow closelyattentively monitor Russia’s internal evolution, broaden dialogue with Russia’s civil society andwork together with all major political protagonists, support institution building in Russia and the principles of democracy, human rights and the rule of law; actively support, in so doing, all social initiatives seeking to build a civil society based on democratic principles and the rule of law, paying particular attention to the use of the internet for that purpose;
Amendment 91 #
2011/2050(INI)
Motion for a resolution
Paragraph 1 – point i
Paragraph 1 – point i
(i) stress the importance ofmake use of existing legal instruments to persuade Russia’s full compliance with itsy to adhere to the international legal obligations andit has entered into and to comply with the fundamental human rights principles enshrined in the European Convention on Human Rights and the International Covenant on Civil and Political Rights (ICCPR), both of which Russia is party to; recall that political pluralism, media freedom, independence of the judiciary, freedom of speech and assembly, and non- discrimination are the necessary preconditions for Russia’s further development and modernisation;
Amendment 111 #
2011/2050(INI)
Motion for a resolution
Paragraph 1 – point j a (new)
Paragraph 1 – point j a (new)
(ja) emphasise the need to stop using repressive measures against opponents of the current regime; ensure that full light is shed on the many human rights breaches that have occurred, as well as the hitherto unexplained circumstances surrounding the deaths of independent pro-democracy activists, journalists and businessmen, the arrests of opposition leaders following the last presidential elections, the brutal beatings of peaceful demonstrators, the imprisonment of Mikhail Khodorkovsky and the deaths of Sergei Magnitsky, Alexander Litvinenko and Anna Politkovskaya, which have yet to be cleared up;
Amendment 139 #
2011/2050(INI)
Motion for a resolution
Paragraph 1 – point p
Paragraph 1 – point p
(p) step up the EU-Russia cooperation on the resolution of protracted conflicts in Moldova and South Caucasus, on the basis of international law and peaceful conflict resolutionress the need for Russia to withdraw from the occupied areas of Abkhazia and Ossetia, to stop supporting the separatist authorities in Transnistria and make genuine efforts to settle the Nagorno- Karabakh dispute;
Amendment 149 #
2011/2050(INI)
Motion for a resolution
Paragraph 1 – point q
Paragraph 1 – point q
(q) pursue the efforts for full implementation of common steps towards visa-free short-term travel, with a view of a gradual phasing out of the visa regime between the Schengen countries and Russia; facilitate as much and as quick as possible visa facilitation for academics, students and researchers and for youth exchange purposes;
Amendment 151 #
2011/2050(INI)
Motion for a resolution
Paragraph 1 – point q a (new)
Paragraph 1 – point q a (new)
(qa) as soon as Russia has met the necessary technical requirements, allow Russian citizens to enter the EU freely by no longer requiring visas for travel between Russia and Schengen Member States; in view of the fact that visa-free entry to the EU could be used by Russia as a means of expanding its influence in the occupied Georgian territories of South Ossetia and Abkhazia, visa-free travel should first of all be introduced for Georgian citizens, with visa requirements for the other Eastern Partnership countries then being lifted no later than the visa requirements on Russian citizens;
Amendment 154 #
2011/2050(INI)
Motion for a resolution
Paragraph 1 – point r
Paragraph 1 – point r
(r) take into due considerationin view of the deep, and growing and irreversible economic interdependence of the two partners, as reciprocal import markets and suppliers of goods, services and energy, the policy towards Russia which has been pursued to date and which has not had the desired effect should be abandoned and new, more effective, measures should be devised;
Amendment 164 #
2011/2050(INI)
Motion for a resolution
Paragraph 1 – point u
Paragraph 1 – point u
(u) insist on a bilateral agreement between the EU and Russia that in the long run could be the basis for an agreementpoint out that in the long run a similar agreement that is in keeping with the interests and specific economic circumstances of all Customs Union members could be negotiated between the EU and the Russian-led Customs Union;
Amendment 166 #
2011/2050(INI)
Motion for a resolution
Paragraph 1 – point v
Paragraph 1 – point v
(v) encourage the Russian counterparts to show the political will to reach an agreement on ‘trade and investments’ provisions that are to be built on the provisions already included negotiate favourable conditions for trade with Russia and rules governing mutual protection of investments, and then ensure that the EU introduces procedures enabling the PCA and that are in lm to be properly enforced in keepineg with WTO accessionthe terms of Russia’s accession to the WTO; recall that EU’s objective in this area is to improve and stabilise the business environment, as thisnd make investing safer, which would be beneficial to both parties and further promote the objectives set by the Partnership for Modernisation launched in 2010;
Amendment 181 #
2011/2050(INI)
Motion for a resolution
Paragraph 1 – point y a (new)
Paragraph 1 – point y a (new)
(ya) stress that the EU must resist the demands of the Russian Government and not agree to exemptions from EU law to facilitate operations within the EU by firms with Russian capital (for example, pressure from the Russian Government to suspend the application of the third energy package to energy firm with links with Russia needs to be resisted);
Amendment 182 #
2011/2050(INI)
Motion for a resolution
Paragraph 1 – point y b (new)
Paragraph 1 – point y b (new)
(yb) stress that widespread corruption, over-punctilious application of the law and the lack of transparency of business standards applying to foreign firms remain real threats for foreign investors and are a significant brake on economic cooperation between the EU and Russia;
Amendment 11 #
2011/2011(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 14 #
2011/2011(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to design a comprehensive mechanism, largely based on and strongly interlinked with WTO regulations, that would allow to prevent using trade as a tool in pursuing foreign policy in a way contrary to internationally recognized democratic values, as reflected in the Charter of the United Nations;
Amendment 33 #
2011/2011(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to design a comprehensive mechanism, largely based on and strongly interlinked with WTO regulations, that would make it possible to prevent trade's bring used as a tool in pursuing foreign policy in a way contrary to internationally recognized democratic values, as reflected in the Charter of the United Nations;
Amendment 41 #
2011/0302(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Experience with the current financial framework shows that many Member States, which are eligible to the Cohesion Fund, are facing significant obstacles in delivering on time complex cross-border transport infrastructure projects with a high Union added value. Therefore, in order to improve the delivery of transport projects, in particular cross-border ones, with a high Union added value, part of the Cohesion Fund allocation (EUR 10 billion) should be transferred to finance transport projects on the transport core network in the Member States eligible to the Cohesion Fund under the Connecting Europe Facilityrespecting national allocations for the projects listed in the Annex of this Regulation. The Commission should support Member States eligible to the Cohesion Fund to develop an adequate pipeline of projects in order to give greatest possible priority to the national allocations under the Cohesion Fund.
Amendment 80 #
2011/0302(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) transport: EUR 31 694 000 000, out of which EUR 10 000 000 000 shall be transferred from the Cohesion Fund to be spent in line with this Regulation in Member States eligible for funding from the Cohesion Fundfor projects listed in the Annex to this Regulation, respecting the national allocations;
Amendment 45 #
2011/0117(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) ‘GSP section’ means a section listed in Annex V and Annex IX and is established on the basis of sections and Chapters of the Common Customs Tariff;
Amendment 53 #
2011/0117(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
a) it has been classified by the World Bank as a high-income or an upper-middle income country, or it has accounted for a share of world merchandise exports above 1%, during three consecutive years immediately preceding the update of the list of beneficiary countries;
Amendment 71 #
2011/0117(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Common Customs Tariff ad valorem duties on products listed in Annex V as sensitive products shall be reduced by 3.5 percentage points. For products from GSP sections XI(a) and XI(b), this reduction shall be 20 %.
Amendment 77 #
2011/0117(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where preferential duty rates calculated, in accordance with Article 6 of Regulation (EC) No 732/2008, on the Common Customs Tariff ad valorem duties applicable on the date of entry into force of this Regulation provide for a tariff reduction of more than 3.5 percentage points for the products referred to in paragraph 2 of this Article, those preferential duty rates shall apply.
Amendment 81 #
2011/0117(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The tariff preferences referred to in Articles 7 and 9 shall be suspended, in respect of products of a GSP section originating in a GSP beneficiary country, when the average value of European Union imports of such products over three consecutive years from that GSP beneficiary country exceeds the thresholds listed in Annex VI. The thresholds shall be calculated as a percentage of the total value of European Union imports of the same products from all GSP beneficiary countries.
Amendment 139 #
2011/0117(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) increase by at least 12,5 % in quantity (by volume), as compared with the previous calendar year; or
Amendment 149 #
2011/0117(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Paragraph 1 shall not apply to EBA beneficiary countries, nor shall it apply to countries with a share not exceeding 86 % of European Union imports of products listed in Annex V or IX, whichever is applicable.
Amendment 168 #
2011/0117(COD)
Proposal for a regulation
Annex V – Table
Annex V – Table
Amendment 184 #
2011/0117(COD)
Proposal for a regulation
Annex VI – point 2
Annex VI – point 2
2. The provisions of Article 8 shall apply for each of the GSP Sections 11(a) and 11(b), when the percentage share referred to in Article 8(1) exceeds 14,5 %.0%
Amendment 204 #
2011/0117(COD)
Proposal for a regulation
Annex IX – Table
Annex IX – Table
Amendment 8 #
2010/2203(INI)
Motion for a resolution
Recital C
Recital C
C. whereas it is generally acknowledged that inward investment improves host countries‘ competitiveness but outward investment may exacerbate adjustment costs for low-skilled workers,
Amendment 12 #
2010/2203(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Articles 206 and 207 TFEU do not define FDI, whereas the Court of Justice of the European Union has specified its understanding of the term FDI, on the basis of three criteria: it should be considered as a long-lasting investment, representing at least 10 % of the affiliated company's equity capital / shares and providing the investor with managerial control over the affiliated company's operations, whereas this definition is in line with those of the IMF and the OECD and is opposed to, in particular, portfolio investments and intellectual property rights,
Amendment 17 #
2010/2203(INI)
Motion for a resolution
Recital E
Recital E
E. whereas some Member States use broad definitions of the term ‘foreign investor’, with a simple postal address deemed sufficient to determine the nationality of an enterprise, whereas this has enabled some enterprises to file suits against their own countries via BITs signed by third countries, whereas investors have also used this technique to select the BITs most conducive to filing a complaintany company that is lawfully registered in the EU should be able to rely on future EU investment agreements or free trade agreements with investment chapters,
Amendment 33 #
2010/2203(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the newly established European External Action Service shall reinforce the EU's global presence and role, including the promotion and defence of EU's trade goals, also in the investment area,
Amendment 36 #
2010/2203(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes this new EU competence and calls on the Commission and the Member States to seize this opportunity to build with Parliament an integrated and coherent investment policy which promotes high- quality investments and makes a positive contribution to economic, social and environmental progresand protects investments;
Amendment 44 #
2010/2203(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the Commission's Communication ‘Towards a comprehensive European international investment policy’ but stresses that, while extensively focusing on investor protection, it should better address the needright to protect the public capacity to regulate;
Amendment 51 #
2010/2203(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the same high level of protection should not be granted to all kinds of investments and that,, including for example, portfolio investment and intellectual property rights should be excluded from the scope of future international investment agreements signed by the EU;,
Amendment 58 #
2010/2203(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 63 #
2010/2203(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on introduction of the term "EU investor" that would, reflecting the spirit of Article 207 TFEU, underline the significance of promoting investors from all Member States on equal terms, ensuring them conditions of functioning and protection of their investments on equal footing;
Amendment 64 #
2010/2203(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the need for a stricteclear definition of ‘foreign investor’, considering that broad definitions have led to abusive practices, which should not be permitted;
Amendment 71 #
2010/2203(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that investor protection mustestablishing a comprehensive protection system for all EU investors remains the first priority of investment agreements;
Amendment 81 #
2010/2203(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Doubts whether the request expressed by the Council in its conclusions on the Communication – that the new European legal framework should not negatively affect investor protection and guarantees enjoyed under the existing agreements – constitutes an achievable objective; considers that with such a broad and undefined criterion any new agreement could be opposed; moreover, such a formulation of the evaluation criterion may contradict the meaning and spirit of Article 207 of TFEU. While constituting the common investment policy, the term "EU investor", to whom a high degree of comprehensive protection in third countries shall be granted, should be acknowledged;
Amendment 87 #
2010/2203(INI)
Motion for a resolution
Paragraph 11 – indent 1
Paragraph 11 – indent 1
– non-discrimination (national treatment and most favoured nation), mentioning that foreign and national investors must operate under ‘similarequal conditions’,
Amendment 97 #
2010/2203(INI)
Motion for a resolution
Paragraph 11 – indent 3 a (new)
Paragraph 11 – indent 3 a (new)
- adequate enforcement mechanisms, including investor-to-state dispute settlement,
Amendment 106 #
2010/2203(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to ensure reciprocity when negotiating market access with its main developed trading partners, while bearing in mind the need to exclude sensitive sectors and to maintain asymmetry in the EU's trading relations with developing countrietrading partners;
Amendment 108 #
2010/2203(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that future investment agreements concluded by the EU must protect the capacity for public intervention;, but underlines that in case of direct or indirect expropriation of an investor by such an intervention, a compensation must be provided for,
Amendment 116 #
2010/2203(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to include in all future agreements specific clauses laying down the right of the EU and its Member States to regulate, inter alia, in the areas of protection of the state security, environment, public health, workers‘ and consumers’ rights, industrial policy and cultural diversity;
Amendment 119 #
2010/2203(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines that the Commission shall establish a list ofdecide on a case-by-case basis upon sectors not covered by future agreements, for example sensitive sectors such as culture, education and those sectors which are strategically important for national defence; notes that the EU should also be aware of the concerns of its developing partners and should not call for more liberalisation if the latter deem it necessary for their development to protect certain sectors, particularly public services;
Amendment 122 #
2010/2203(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that the EU's future policy must promote investment which is sustainable, respects the environment (particularly in the area of extractive industries) and encourages good quality working conditions in the enterprises targeted by the investment; asks the Commission to include, in all future agreements, ashould take reference to the updated OECD Guidelines for Multinational Enterprises;
Amendment 129 #
2010/2203(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 135 #
2010/2203(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 140 #
2010/2203(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes the fact that a number of BITs currently have a clause which prevents the watering-down of social and environmental legislation in order to attract investment and calls on the Commission to includeconsider the inclusion of such a clause in its future agreements;
Amendment 143 #
2010/2203(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Believes that major changes must be made to the present dispute settlement regime, in order to include greater transparency, the opportunity for parties to appeal, the obligation to exhaust local judicial remedies (where relevant), the possibility to use amicus curiae briefs and the obligation to select one single place of arbitration;
Amendment 150 #
2010/2203(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Requests that the Commission and the Member StExpresses the need to include an investor-to-state dispute settlement mechanism in new EU investment treaties take up their responsibility as major international players to work towards the necesshat would enable EU investors to directly claim against a government to binding international arbitration, whereas the Commission would be a party reforms of the ICSID and UNCITRAL rulein disputes resulting from claims made by third country investors;
Amendment 157 #
2010/2203(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 161 #
2010/2203(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls on the Commission to elaborate solutions that would assist SMEs in covering the high costs of dispute settlements;
Amendment 167 #
2010/2203(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Stresses the need to include the role of the delegations of EEAS in the strategy of the future investment policy, acknowledging their potential and local know-how that as strategic assets in achieving the new policy goals;
Amendment 75 #
2010/2152(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Reiterates that all new FTAs concluded by the EU should be WTO-compatible, comprehensive, ambitious, lead to real reciprocal market access and go beyond both existing multilateral commitments and those expected to result from a successful conclusion of the DDA; welcomes the progress made in some negotiations; at the same time regrets that most of the negotiations have not been concluded yet; asks the Commission to analyse what could be done or changed in order to conclude outstanding FTA negotiations better and faster, however never at the expense of sacrificing European interests in order to speed up the process; asks the Commission to analyse the possibility of including WTO dispute settlement mechanisms in bilateral Free Trade Agreements; asks the Commission to reduce the spaghetti-bowl effect, e.g. by negotiating multilateral rules of origin;
Amendment 85 #
2010/2152(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Reminds the Commission to carry out a betterthorough evaluation of European interests before deciding on future FTA partners and negotiation mandates; calls on conducting adequate impact assessments before the launch of negotiations; reminds the Commission and the Council to take seriously into account Parliament’s views when deciding about the mandates;
Amendment 127 #
2010/2152(INI)
Motion for a resolution
Subheading 14
Subheading 14
21. EU competitiveness and economic success cannot exist without servicethe right level of services, manufacturing of goods and well protected foreign direct investments
Amendment 130 #
2010/2152(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Emphasises the strongly increased potential of goods and services in international trade, but reiterates that market access and the abolition of trade barriers at WTO level and in FTA negotiations has not been able to keep pace with these developments; is aware that many barriers to trade in goods and services are caused in particular by national regulations;
Amendment 140 #
2010/2152(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Demands that the Commission force our trading partners to grant better market access to ourboth the EU producers of goods, as well as service providers, bearing in mind that the EU internal market is already quite open to foreign producers of goods and service providers; notes, however, that some public services have to remain excluded on the basis of national or regional cultural diversities;
Amendment 204 #
2010/2152(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Urges the Commission to not only complain about the unacceptable behaviour of some trading partners that are unwilling to offer to EU companies an adequate level playing field, but also to react in a stringent and proper way, for instance by withdrawing GSP benefits in the event of a GSP beneficiary country making use of unfair trade practices; reminds the Commission of the fact that, besides trade policy, there are other policies such as environment, development, research and foreign affairs that have to support a joint policy on raw materials supply;
Amendment 203 #
2010/2124(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Calls on the VP/HR to intensify talks with Russia to assure the unconditional fulfilment of all the provisions of the agreement of 2008 between Russia, the European Union and Georgia; takes the view Russia that should, in particular, guarantee full unlimited access of the European Union Monitoring Mission (EUMM) to Abkhazia and South Ossetia; underlines the necessity to provide stability in aforementioned Georgian regions;
Amendment 69 #
2010/2050(INI)
Motion for a resolution
Recital G
Recital G
G. whereas there has been a remarkable deepening of relations between Iran and Turkey, and whereas Iran is using its state and non-state allies Syria, Hezbollah and Hamas, to destabilise the region,
Amendment 86 #
2010/2050(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 254 #
2010/2050(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Rejects fierceunanimously the desire expressed by the Iranian leadership to "wipe out" Israel; also fiercely rejects the anti- Semitic rhetoric of the Iranian president, especially his denial of the Holocaust and his underlying agenda of delegitimizing the Israeli state; calls on the EU institutions to safeguard the existence of the Jewish state, in accordance with the basic right of all nations to a peaceful coexistence;
Amendment 276 #
2010/2050(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Expresses its concerns on the remarkable deepening of relations between Iran and EU accession candidate Turkey; asks the Council and the Commission to discuss the Turkish attitude towards Iran with their counterparts in Ankara; cCalls on the Turkish authorities to follow the European approach towards the Iranian nuclear threat; calls on the EU institutions to do their utmost to sever the lines between Teheran and SyriaEU and Iran, Hezbollah and Hamas;
Amendment 292 #
2010/2050(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Council and the Commission to closely attune their policies towards Iran with WashingtoEUs major external partners sharing similar views and concerns on Iran;
Amendment 115 #
2010/0816(NLE)
Proposal for a decision – amending act
Article 5 – paragraph 3
Article 5 – paragraph 3
The Head of Delegation shall receive instructions from the High Representative and the EEAS, and shall be responsible for their execution. In areas where the Commission exercises the powers conferred to it by the Treaties, the Commission may also issue instructions to delegations, which shall be executed under the overall responsibility of the Head of Delegation. The High Representative shall under no circumstances issue any instructions in the area of the common commercial policy as provided for in Art. 207 of the TFEU. The heads of the commercial policy units at the delegations shall be nominated by the Trade Commissioner, and their budget shall be determined by the respective Commission's services. The Commission staff executing instructions in the area of the common commercial policy shall report back to the EU Trade Commissioner and the High Representative via the Head of Delegation.
Amendment 5 #
2010/0816(CNS)
Proposal for a decision
Article 5 – paragraph 3
Article 5 – paragraph 3
3) The Head of Delegation shall receive instructions from the High Representative and the EEAS, and shall be responsible for their execution. In areas where the Commission exercises the powers conferred ton it by the Treaties, the Commission, through the respective Commissioner assisted by its services, may also issue instructions to delegations, via EEAS, which shall be executed by the relevant Commission staff therein under the overall responsibility of the Head of Delegation. The heads (supervisors) of the trade units within the delegations shall be nominated by the Commissioner responsible for Trade, with the European Parliament playing an active role in the process, for example by conducting hearings of the nominees and expressing its opinion concerning the candidates.
Amendment 7 #
2010/0816(CNS)
Proposal for a decision
Article 5 – paragraph 3 c (new)
Article 5 – paragraph 3 c (new)
Amendment 8 #
2010/0816(CNS)
Proposal for a decision
Article 5 – paragraph 3 f (new)
Article 5 – paragraph 3 f (new)
(f)The budget of trade units within the delegations shall be determined by the relevant department of the Commission, on the basis of agreement between the Commission and the High Representative's Office.
Amendment 9 #
2010/0816(CNS)
Proposal for a decision
Article 5 – paragraph 3 g (new)
Article 5 – paragraph 3 g (new)
(g) An adequate geographical balance at all staff grades shall be ensured during the recruitment process.
Amendment 32 #
2010/0197(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Although bilateral agreements remain binding on the Member States under public international law and will be progressively replaced by future agreements of the Union relating to the same subject matter, the conditions for their continuing existence and their relationship with the Union's policies relating to investment, including in particular the common commercial policy, require appropriate management. That relationship will develop further as the Union exercises its competence in common investment policy with the main goal to create the best possible investment protection system for all Member States investors, equally and equal investing conditions on third markets. As the new investment policy will be developed in view of transitional validity of bilateral investment agreements concluded by Member States, it should acknowledge the rights of investors whose investments fall into the scope of those agreements and should grant their legal certainty.
Amendment 37 #
2010/0197(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In the interest of EU investors and their investments in third countries, and of Member States hosting foreign investors and investments, bilateral agreements that specify and guarantee the conditions of investment should be maintained in forceremain binding on the parties under public international law and should be maintained in force, whereas the Commission shall take the necessary steps towards a progressive replacement of all existing agreements on investment with new agreements that should provide for the best possible level of protection.
Amendment 48 #
2010/0197(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation lays down the conditions under which Member States are empowered to maintain, amend or conclude international agreements relating to investment.
Amendment 53 #
2010/0197(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) As the authorisation to maintain, amend or conclude agreements covered by this Regulation is granted in an area of exclusive Union competence, it must be regarded as an excep transitional measure. The authorisation is without prejudice to the application of Article 258 of the Treaty with respect to failures of Member States to fulfil obligations under the Treaties other than those concerning incompatibilities arising from the allocation of competences between the Union and its Member States.
Amendment 60 #
2010/0197(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The Commission should be able to withdraw the authorisation iof an agreement conflicts with the law of the Union other tha investment if the Member State does not follow its obligation theo incompatibilities arising from the allocation of competence between the Union and its Member States. The authorisation may also be withdrawn if an agreement of the Union in force with a third country contains investment provisions similar to those of a Member State agreement. In order to ensure that agreements of Member States do not undermine the development and implementation of the Union's policies relating to investment, including in particular of autonomous measures of common commercial policy, authorisation may be withdrawnitiate a renegotiation process of this agreement on request by the Commission. The authorisation of a Member State's agreement with a third country should also be withdrawn if the EU has ratified an agreement with this third country negotiated by the Commission. The authorisation should be withdrawn if an agreement constitutes an obstacle to the conclusion of future investment agreements with that third country. Finally, should the Council not take a decision on the authorisation to open negotiations concerning investment within one year of the submission of a recommendation by the Commission pursuant to Article 218(3) of the Treaty, the possibility would exist to withdraw the authorisation.
Amendment 70 #
2010/0197(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) No later than five years after the entry into force of this Regulation, the Commission should present to the European Parliament and the Council a report on the application of Chapters II and III of this Regulation. This report should, inter alia, review the need for the continued application of these chapters. Where the report recommends to discontinueing the application of the provisions of these Chapters or where it would propose to modify these provisions, it should be accompanied by an appropriate legislative proposal. Unless replaced by an agreement of the Union concerning investment, or otherwise terminated, bilateral agreements concluded by Member States with third countries remain binding on the parties under public international law.
Amendment 78 #
2010/0197(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Agreements between Member States relating to investment shouldare not be covered by this Regulation.
Amendment 94 #
2010/0197(COD)
Proposal for a regulation
Article 2
Article 2
Within thirty days from the entry into force of this Regulation, the Member States shall notify the Commission of all bilateral agreements with third countries relating to investment concluded and/or signed before the entry into force of this Regulation that they either wish to maintain in force or permit to enter into force under this Chapter. The notification shall include a copy of those bilateral agreements. Member States shall also notify the Commission on future changes to the status of these agreements.
Amendment 108 #
2010/0197(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 113 #
2010/0197(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) constitute an obstacle to the development and the implementatconclusion of thfuture Union's policies relating to investment, including in particular the common commercial policy investment agreements with third countries.
Amendment 128 #
2010/0197(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. No later than five years after the entry into force of this Regulation, the Commission shall present to the European Parliament and the Council a report on the application of this Chapter which shall review the need for the continued application of this chapter, based on the review referred to in paragraph 1.
Amendment 129 #
2010/0197(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Where the Commission concludes that an agreement breaches either paragraph 1(a) or 1(c), it shall call on the Member State concerned to renegotiate that agreement. If deemed appropriate, the Commission shall assist the Member State concerned in undertaking the necessary steps to comply with the requirements to renegotiate an existing agreement. If the Member State concerned undertakes the necessary steps but fails to conclude a renegotiated agreement, the Commission shall undertake steps with a view to replacing the agreement concerned by an agreement of the Union.
Amendment 138 #
2010/0197(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The authorisation provided for in Article 3 mayshould be withdrawn where:
Amendment 142 #
2010/0197(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) an agreement conflicts with the law of the Union other than the incompatibilities arthe Member State concerned fails to take the necessary steps to initial the renegotiation process of an existing from the allocation of competence between the Union and its Member Statesagreement on investment, after it was notified by the Commission, pursuant to Article 5(3a), or
Amendment 144 #
2010/0197(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 151 #
2010/0197(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) an agreement constitutes an obstacle to the development and the implementation of the Union's policies relating to investment, including in particular the common commercial policconclusion of future investment agreements with that third country, or
Amendment 156 #
2010/0197(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. When the Commission considers that there are grounds to withdraw the authorisation provided for in Article 3, it shall deliver a reasoned opinion to the Member State concerned on the necessary steps to be taken to comply with the requirements referred to in paragraph 1(a). Consultations shall take place between the Commission and the Member State concerned.
Amendment 168 #
2010/0197(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The notification referred to in paragraph 1 shall be transmitted at least fivthree calendar months before formal negotiations are to commence with the third country concerned.
Amendment 170 #
2010/0197(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
Amendment 174 #
2010/0197(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) constitute an obstacle to the development and the implementation of the Union's policies relating to investment, including in particular the common commercial policconclusion of future investment agreements with that third country.
Amendment 181 #
2010/0197(COD)
Proposal for a regulation
Article 11 – paragraph 3 – introductory part
Article 11 – paragraph 3 – introductory part
3. Upon notification the Commission shall make an assessment as to whether the negotiated agreement does not:is in line with the requirements under Article 9(1) and (2), which have been communicated to the Member State by the Commission.
Amendment 183 #
2010/0197(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point a
Article 11 – paragraph 3 – point a
Amendment 185 #
2010/0197(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point b
Article 11 – paragraph 3 – point b
Amendment 188 #
2010/0197(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point c
Article 11 – paragraph 3 – point c
Amendment 191 #
2010/0197(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point d
Article 11 – paragraph 3 – point d
Amendment 194 #
2010/0197(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Decisions pursuant to paragraphs 4 and 5 shall be taken in accordance with the procedure referred to in Article 15(2). The Commission shall take the decision within 9060 working days of receipt of the notifications referred to in paragraphs 1 and 2. Where additional information is needed to take the decision, the 9060 working days shall run from the date of receipt of the additional information.
Amendment 196 #
2010/0197(COD)
Proposal for a regulation
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
7a. Where the Commission decides to negotiate an agreement on foreign direct investment with a third country, it shall duly notify all Member States on its intention and the scope of the agreement.
Amendment 2 #
2009/2198(INI)
Motion for a resolution
Citation 4
Citation 4
– having regard to the conclusions and declarations set out in the reports by the Presidency of the Council of the European Union on the European Security and Defence Policy (ESDP) of 9 December 2008 and 16 June 2009,
Amendment 43 #
2009/2198(INI)
Motion for a resolution
Paragraph 8 – point c
Paragraph 8 – point c
Amendment 71 #
2009/2198(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls once again for the establishment of a permanent EU operations centre overseen by the Vice-President/High Representative, which would be responsible for operational planning and the conduct of military operations; calls for this operations centre to be attached to the EEAScrisis management operations; stresses that the division of the existing system into seven headquarters makes it less effective and responsive and generates huge costs, and that a permanent interlocutor in the military sphere is essential for civil and military coordination on the ground; takes the view that the permanent operations centre could therefore be classed as a form of military planning and operational capacity, and located in the same place as the CPCC in order to allow the necessary synergies for effective civilian and military coordination;
Amendment 75 #
2009/2198(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 121 #
2009/2198(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Council to consider the possibility of deployingmake preparations for a military operation under the CSDP to relieve KFOR in due course;
Amendment 132 #
2009/2198(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Deplores the fact that the Russian Federation is failing to comply with all the provisions of the agreement of 12 August 2008 and is stepping up its military presence in the two breakaway republics (Abkhazia and South Ossetia) in breach of that agreement;
Amendment 176 #
2009/2198(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Views it as regrettable that the Battlegroups (BGs) – despite the significant investment they represent – have not yet been used, partly for political reasons and partly because their deployment is subject to very stringent criteria; supports more flexible use of the BGs so that they can also serve as a reserve force or as a partial substitute in the event of a disappointing force generation process, subject to proper account being taken of the wishes of the countries that jointly formed the groups concerned; calls for an extension of the provisional agreement designed to cover the costs arising from strategic deployment of the BGs, and of the common funding for the costs associated with their use; calls on the Council to deploy them as part of full- scale military exercises; commends the work undertaken at the instigation of the Swedish Presidency on flexible use of the BGs and, on this basis, calls on the Member States to implement the recommendations adopted;
Amendment 194 #
2009/2198(INI)
Motion for a resolution
Paragraph 63
Paragraph 63
63. Recalls the need for constructive cooperation between the EU and NATO, particularly where the two organisations are active in the same theatres of operation, and calls for a review of the present arrangements for EU-NATO operational cooperation (Berlin Plus agreement) to be conducted with a view to addressing current challenges connected with operations conduced by the two organisations in the same theatres of operation, while stressing the need to step up political and strategic cooperation;
Amendment 207 #
2009/2198(INI)
Motion for a resolution
Paragraph 67
Paragraph 67
67. Welcomes the cooperation between the EU and NATO in the field of military capability, such as the efforts to improve operational helicopter capacity, and calls for that cooperation to be further stepped up and, in particular, for the two organisations' defence planning processes to be harmonised and the EDA and NATO to cooperate more closely so as to enable all EU and NATO member states to be involved, and for the EU-NATO Capability Group to be made more effective;
Amendment 209 #
2009/2198(INI)
Motion for a resolution
Paragraph 67 a (new)
Paragraph 67 a (new)
67a. Calls on the EU to develop cooperation between the EU and NATO in the field of cyber-defence and cyber- warfare; such cooperation is important for the development of advanced cyber deterrence capabilities to help protect critical infrastructure, including from botnet warfare;
Amendment 210 #
2009/2198(INI)
Motion for a resolution
Paragraph 67 b (new)
Paragraph 67 b (new)
67b. Considers that further cooperation is needed between the EU and NATO in the field of military capability, such as enhanced collaboration in the area of cyber security to promote holistic security solutions that protect departments from multiple threat vectors;
Amendment 211 #
2009/2198(INI)
Motion for a resolution
Paragraph 69
Paragraph 69
69. Emphasises the need for constructive cooperation between the European Union and the African Union, in accordance with the commitments entered into as part of the Peace and Security Partnership associated with the Africa-EU Joint Strategy; takes the view that the European Union mustshould, as far as is possible, support the African Union, particularly in those theatres of operation – such as Somalia – in which the latter is the sole organisation on the ground, and calls on the AU to endeavour to develop Africa's crisis response capability and ensure that more effective use is made of assistance received from international partners;
Amendment 216 #
2009/2198(INI)
Motion for a resolution
Paragraph 70 a (new)
Paragraph 70 a (new)
70a. Welcomes the establishment of the EU-US Energy Council in November 2009, while calling for closer cooperation on energy matters between the EU and the United States;
Amendment 218 #
2009/2198(INI)
Motion for a resolution
Paragraph 71
Paragraph 71
71. Takes the view that the new version of the anti-missile shield envisaged by the American administration should be based on a common European approach to the matter, in coordintake account of a common approach to protecting Europe against ballistic threats, with due regard to the development of relations with Russia, and with efforts being made to involve the European defence industry in its development;
Amendment 220 #
2009/2198(INI)
Motion for a resolution
Paragraph 71
Paragraph 71
71. Takes the view that the new version of the anti-missile shield envisaged by the American administration should be based on a common European approach to the matter, in coordination with Russiaa dialogue on a continental scale, and with efforts being made to involve the European defence industry in its development;
Amendment 222 #
2009/2198(INI)
Motion for a resolution
Paragraph 71 a (new)
Paragraph 71 a (new)
71a. Calls on the Council to develop the Union's relationship with the United States in fighting non-conventional threats i.e. cyber-terrorism and cyber- attacks, with a particular focus on creating security solutions that protect all levels of departments from the wide range of threats, including botnets, malware and Trojans;
Amendment 223 #
2009/2198(INI)
Motion for a resolution
Paragraph 71 b (new)
Paragraph 71 b (new)
71b. Calls on the Council to enhance collaboration between EU governments on cyber defence and cyber security through sharing of best practices, and to establish a comprehensive European cyber-defence strategy including a definition of cyberwar;