549 Amendments of Piotr BORYS
Amendment 28 #
2013/2182(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that OER could create opportunities for education and training institutions, teachers, students and pupils to teach and learn in innovative ways; calls on educational institutions to create an organisationfurther assess the potential benvironment in which such innovation is welcomedefits of OER and their possible integration in the respective educational systems;
Amendment 36 #
2013/2182(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Deplores the lack of differentiation in the Commission Communication between school levels as regards the deployment of new technologies and digital content for learning and teaching purposes; stresses that learners acquire different skills and competences depending on their age and that curricula and learning methods consequently vary according to the school level;
Amendment 38 #
2013/2182(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that education policies should primarily aim at assisting learners in the development of crucial cognitive and social skills; calls on the Commission to further assess the impact on learners of deploying digital devices and contents for pedagogical purposes while ensuring their physical and psychological integrity;
Amendment 52 #
2013/2182(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that ICT and OER are currently mainly used in higher education; encourages, where appropriate, their use in primary and secondary education;
Amendment 59 #
2013/2182(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights that availability of and access to free high-quality and suitable online teaching material is crucial; calls on the Commission to monitor and analyse the copyright and licensing issues surrounding the use of OER;
Amendment 68 #
2013/2182(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to ensure coordinated and progressive education on internet safety in schools; recommends that complementary strategies be developed targeting parents, thereby strengthening the role of parental mediation; insists that the protection of the individual integrityphysical and psychological integrity, in particular as regards mental health, and personal data of teachers and learners using OER must be assured;
Amendment 77 #
2013/2182(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that teachers at all levels of education have a key role in facilitatingfundamental role as regards monitoring the access to, and use of, online learning materials and in making digital skills a reality for all learnerby learners and in assisting them in acquiring digital skills;
Amendment 82 #
2013/2182(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges the Member States to support teachers in their professional development by offering modern curricula in their initial education, and by providing in-service training geared to help them acquire a high level of digital competenceprovide them with the necessary competences for the deployment of digitally-supported teaching methods;
Amendment 91 #
2013/2182(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Points out that basic literacy and numeracy skills are a prerequisite for developing digital skills and using OER effectively; in this context, calls on the Commission to further assess the impact of digital and/or online learning materials on the learning performance of learners according to their age and school level;
Amendment 97 #
2013/2182(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Highlights that ICT and OER can enrichsupport the teaching and learning of foreign languages at all levels of education and training; stresses that social interaction is a prerequisite for learning a foreign language;
Amendment 109 #
2013/2182(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the importance of access to education and training and to IT equipment for all learners, including those with disabilities, those from disadvantaged backgrounds and those from geographically remote regions;
Amendment 117 #
2013/2182(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 126 #
2013/2182(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Points out that digital technologies are not fully exploited in education and training across the Union; fears that this situation may lead to a further fragmentation of approaches and marketteaching and learning approaches;
Amendment 129 #
2013/2182(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the launch of the Open Education Europa portal in all EU languages, providing a single gateway to European OER;
Amendment 57 #
2013/2181(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that good nutrition increases the wellbeing of children and improves their capacity to learn, as well as making them more resistant to disease and helping them to develop in a healthy way;
Amendment 73 #
2013/2181(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Points to the need to make use of funding programmes under the common agricultural policy for 2014-2020 to promote healthy eating in schools;
Amendment 44 #
2013/2114(INI)
Motion for a resolution
Recital N
Recital N
N. whereas in the case of online music sales, licence-granting practices are being viewed as an alternativecomplementary to the system of private copying levies;
Amendment 60 #
2013/2114(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that the private copying system is a virtuous system that balances the rightexception to copying for private use with the right to fair remuneration to rightholders, and that it is a system worth preserving, especially in cases when rightholders are not in a position to license directly the reproduction right on multiple devices;
Amendment 91 #
2013/2114(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends that, in the case of cross- border transactions, private copying levies be collected in the Member State in which the product is placed on the market and that the product then be allowed to circulate freely in the internal market without being subject to additional levifinal user resides;
Amendment 107 #
2013/2114(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses the need to make clear to consumers the role of the private copying system with regard to remuneration of artists and cultural dissemination; urges Member States and rightholders to replaceto complement their anti- piracy campaigns with ‘positive’ campaigns highlighting the benefits of private copying levies;
Amendment 131 #
2013/2114(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Points out that private copying exemption arrangementscontractual arrangements between services providers and right holders are increasingly enabling the licensing of the reproduction right, enableing consumers to copy freelyaccess their musical and audio-visual material from one medium or type of multimedia material to another without the need to seek the authorisation of rightholders, provided that this is for private useseveral devices;
Amendment 135 #
2013/2114(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 148 #
2013/2114(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Observes that, despite permanent access to online works,In the view of downloading, storage and private copying for offline use is continuing; takes the view that a private copying levy system cannot therefore be replaced byremains complementary to a licencing system;
Amendment 159 #
2013/2114(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses that, as for online services, contractual authorisations cannot be allowed to prevail to the detriment of private copying exception arrangementsupplemented by private copying levies;
Amendment 180 #
2013/2114(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 50 #
2013/2064(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Volunteering, as an active method of building civil society, may contribute to the development of intercultural dialogue and play a major role in combating prejudice and racism;
Amendment 96 #
2013/2064(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Believes that voluntary work, as a method of informal learning, helps to develop skills and professional qualifications which make it easier for volunteers to enter or return to the labour market; asserts, therefore, that voluntary activities should be recognised by employers;
Amendment 66 #
2013/0309(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) The freedom of end-users to access and distribute information and lawful content, run applications and use services of their choice is subject to the respect of Union and compatible national law. This Regulation defines the limits for any restrictions to this freedom by providers of electronic communications to the public but is without prejudice to other Union legislation, including copyright rules and Directive 2000/31/EC.
Amendment 140 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. This Article is without prejudice tocompatible with Union or national legislation related to the lawfulness of the information, content, application or services transmitted.
Amendment 147 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point a
Article 23 – paragraph 5 – subparagraph 1 – point a
a) implement a legislative provision or a court order, or prevent or impede serious crimes;
Amendment 37 #
2013/0162(COD)
Proposal for a directive
Recital 8
Recital 8
(8) ApplicationThe objective of Directive 93/7/EEC was to ensure the physical return of the cultural objects to the Member State from whose territory these objects have been unlawfully removed irrespective of the property rights to such objects. The application of that Directive has shown the limitations of the arrangements for securing the return of objects classified as national treasures which have been unlawfully removed from the territory of a Member State and discovered in the territory of another Member State. The national reports on the application of that Directive have pointed to its infrequent application due in particular to the limitation of its scope, the short period of time allowed to initiate return proceedings and the costs associated with return proceedings.
Amendment 42 #
2013/0162(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The scope of this Directive must should extend to any cultural object classified as aor defined as being one of the national treasures possessing artistic, historic or archaeological value under national legislation or administrative procedures within the meaning of Article 36 of the Treaty. The criterion of falling under one of the categories referred to in the Annex to Directive 93/7/EEC should therefore be removed and thus the Annex itself should be deleted and the criterion of forming an integral part of public collections listed in the inventories of museums, archives and libraries' conservation collections or the inventories of ecclesiastical institutions should also be removed. The diversity of national arrangementsis Directive would thus cover cultural objects such as objects of historical, paleontological, ethnographic, numismatic interest or scientific value, whether or not they form protecting cultural objects is recognised in Article 36 of the Treaty. In this contextart of public or other collection or are single items, provided that they are classified or defined as national treasures. Furthermore, cultural objects classified or defined as national treasures would not have to comply with thresholds related to their age and/or to their financial value to qualify for the return under this Directive. Taking into account that the diversity of national arrangements for protecting national treasures is recognised in Article 36 of the Treaty, mutual trust, a willingness to cooperate and mutual understanding between Member States are therefore essential.
Amendment 49 #
2013/0162(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The time-limit for bringing return proceedings should be set at three years after the requesting Member State became aware of the location of the cultural object and of the identity of its possessor or holder. In the interests of clarity, it should be stipulated that the time-limit for bringing proceedings begins on the date on which the information came to the knowledge of the central authority of the requesting Member State. Directive 93/7/EEC provided that such proceedings may not, at all events, be brought more than 30 years after the object was unlawfully removed from the territory of the requesting Member State. However, in the case of objects forming part of public collections and ecclesiastical goods in the Member States where they are subject to special protection arrangements under national law, return proceedings are subject to a longer time-limit under certain circumstances. Due to the fact that Member States may have special protection arrangements under national law with religious institutions which lack ecclesiastical structure, this Directive should also extend to those other religious institutions.
Amendment 6 #
2012/2322(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls that, owing to historical, social and cultural factors specific to each Member State, Member States should retain their autonomy to regulate gambling activities on their territory, allowing them to respond efficiently to protect public order, society and consumers;
Amendment 8 #
2012/2322(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Affirms that online gambling is a form of commercial use of sport and that, whereas the sector grows steadily by keeping abreast of technological innovations, Member States face difficulties in controlling the online gambling sector owing to the specific nature of the internet, which creates the risk of violations of consumers' rights and of the sector being subject to investigations in the context of the fight against organised crime;
Amendment 10 #
2012/2322(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that a single European legislative act, uniformly regulating the entire gambling sector, would not be appropriate owing to subsidiarity concerns but that, in some areas, a coordinated European approach, in addition to national regulation, would clearly provide added value in view of the cross-border nature of online gambling services;
Amendment 15 #
2012/2322(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to set up a common, EU-wide self-exclusion program whereby players can voluntarily and in a simple manner exclude themselves from all gambling websites operating in the EU; this feature should be made clearly visible on all websites offering online gambling services;
Amendment 23 #
2012/2322(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Warns that gambling can lead to dangerous addiction, which is an issue that would need to be addressed in any legislative proposal for the sake of consumers and the integrity of this form of sport;
Amendment 24 #
2012/2322(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that almost 2 % of the European population suffers from gambling addiction; is concerned that easy access to online gambling websites is likely to increase this percentage, especially among young people; considers, therefore, that efficient preventive measures should be enforced, such as the implementation of strict deposit limits and that every gambling product offered by the gambling operators online is evaluated by the Member States and can be prohibited if there is a substantial threat for the consumer;
Amendment 24 #
2012/2322(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Takes note of the preparatory work carried out by the Council of Europe in respect of the preliminary draft convention against the manipulation of sport events and encourages Member States to support this valuable initiative;
Amendment 25 #
2012/2322(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission to bring forward selected legislative proposals in order to provide a legal framework that will create legal certainty for legitimate European businesses and efficient cooperation schemes between Member States to ensure the protection of consumers.
Amendment 27 #
2012/2322(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission and the Member States to introduce effective measures to raise awareness of the risks of gambling addiction, targeting young people in particular;
Amendment 30 #
2012/2322(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls on Member States to elaborate pan-European uniform common standards for online electronic identity verification services; notes that establishing unified registration procedures for online gambling operators is a key to preventing a further rise of illegal services; demands, therefore, that verification and registration procedures should be made coherent and more efficient;
Amendment 60 #
2012/2322(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that the fight against match-fixing and other forms of sport fraud has to be focused on law enforcement, education and prevention as well as good governance of sport bodies;
Amendment 61 #
2012/2322(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the sport federations and gambling operators to include in a Code of Conduct a ban on betting on so called negative events, such as yellow cards or penalty kicks, during a match or event;
Amendment 67 #
2012/2322(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for more cooperation at European level, under the coordination of the European Commission, to identify and prohibit online gamblbetting operators engaged in illegal activities such as, inter alia, match-fixing or betting on junior competitions involving minors;
Amendment 82 #
2012/2322(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to propose a directive criminalising match-fixing and settingonsiders that the approximation of criminal sanctions is essential to a pan- European approach to regulate the online gambling sector and to this end calls on the Commission to bring forward legislative proposals to establish minimum rules with regard ton the definition of thecriminal offences and sanctions concerning the unregulated online gambling and the fight against match- fixing and crime associated with it at EU level;
Amendment 87 #
2012/2322(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for a general ban to prevent sportspersons and organisers of sporting eventsCode of Conduct, as a part of a self-regulatory initiative, for a general ban to all staff (players, coaches, referees, medical and technical staff) of sporting events who may have a direct influence on the result from placing bets on their own matches or events;
Amendment 97 #
2012/2322(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recommends that cooperation and information exchange between Member States, their regulatory bodies, Europol and Eurojust be reinforced to combat criminal activities inCalls for an obligation for cooperation and exchange of information between sports bodies, public authorities, Europol and Eurojust at both national and European level, about suspicious activities to combat criminal cross-border online gambling activities.;
Amendment 99 #
2012/2322(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Council to proceed in a swift and ambitious manner with the negotiations on the Commission proposal for a Directive on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing[1] to address the exploitation of online sports betting activities by criminal interests for money laundering purposes; [1] COM(2013)0045
Amendment 305 #
2012/2322(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recommends that a clear distinction be made between gambling activities and other forms of online entertainment; services which combine distinguishing features of the gambling sector must fall under appropriate gambling legislation and fully respect age and identity verification mechanisms;
Amendment 338 #
2012/2322(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to include in its recommendations on responsible gambling advertising a ban on advertising for online gambling services aimed at minors; in particular on social media;
Amendment 398 #
2012/2322(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Regrets that in most Member States the sport sector receives only a low financial return on commercial betting activities although it constitutes the main activity area for online betting; asks the Commission to launch an initiative for the recognition of the property rights of sports competition organisers to be recognised, so that sports federations are ensured a fair financial return; recommends setting a common minimum percentage of sport betting revenues to be redistributed to sports federations, that have to ensure sustainable financing for grassroots sport and solidarity between different sports;
Amendment 406 #
2012/2322(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Calls on the sport federations and gambling operators to include in a Code of Conduct a ban on betting on so called negative events, such as yellow cards or penalty kicks, during a match or event;
Amendment 415 #
2012/2322(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Calls for more cooperation at European level, under the coordination of the European Commission, to identify and prohibit online betting operators engaged in illegal activities such as, inter alia, match-fixing or betting on junior competitions involving minors;
Amendment 419 #
2012/2322(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18d. Underlines that the fight against match-fixing and other forms of sport fraud has to be focused on law enforcement, education and prevention as well as good governance of sport bodies;
Amendment 15 #
2012/2300(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the advancement of technological developments leads inevitably to increase of user autonomy, there is a growing necessity to ensure protection of exclusive rights and the integrity of the content;
Amendment 27 #
2012/2300(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the number of services on offer is rising, and their success depends on the ease with which the public can access and locate them rapidly;
Amendment 28 #
2012/2300(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the current provisions of Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) do not yet take into account these newreflect this technological developments and whereas in particular graduaconvergence and instead regulation, which differentiates between television programmes (including webcasting and live streaming) and aucontinue to focus on the diovisual media services on demand, will become less important in its existing form, although differently regulated information and communications services are available on one and the same device, including services which do not fall within the scope of the Audiovisual Media Services Directive, which may result in unequal competitive conditions and unacceptable discrepancies in the protection of usersding lines between content and network and the multiple competent regulatory and supervisory authorities at European, national and regional level;
Amendment 33 #
2012/2300(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the regulatory objectives of the Audiovisual Media Services Directive – particularly ensuring and promoting diversity of opinion and of the media, protecting human dignity and competition and protecting children, as well as quality- and content-based regulation of advertising – retain their importance to society and their regulatory justification as a matter of principle, but at the same time the limits of the effectiveness and enforceability of these protective provisions are becoming increasingly apparent because of the methods of use which have been made possible by hybrid receiving systems;
Amendment 35 #
2012/2300(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the regulatory objectives of the Audiovisual Media Services Directive – particularly ensuring and promoting diversity of opinion and of the media, protecting human dignity and protecting children, and encouraging media service providers to guarantee accessibility to visually and hearing impaired as well as regulation of advertising – retain their importance to society and their regulatory justification as a matter of principle, but at the same time the limits of the effectiveness and enforceability of these protective provisions are becoming increasingly apparent because of the methods of use which have been made possible by hybrid receiving systems;
Amendment 37 #
2012/2300(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas high-quality connected TV services can only be provided if telecommunications operators offer sufficiently high speed links between the broadcasting servers and subscribers;
Amendment 38 #
2012/2300(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas guaranteeing fair competition in the context of linear and non-linear services on hybrid platforms is of utmost importance, there is a need to ensure that European works do not find themselves underprivileged to obtain access to this new environment;
Amendment 54 #
2012/2300(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission, in the Audiovisual Media Services Directive and, insofar as necessary, in a supplementary manner in additional EU legal acts, to lay down provisions regulating services which will control the availability of, and access to, audiovisual media services and other communications services or their representation on hybrid receiving devices, so as to prevent producers of such receiving devices or suppliers of the services in question from exploiting their gatekeeper position in a way which discriminates against to evaluate to what extent it is necessary to revise the Audiovisual Media Services Directive and other current requirements laid down in network and media regulations (e.g. the telecommunications package) with respect to the rules on findability and non- discriminatory access to platforms, expanding the concept of platforms and developing legislation on media concentration in order to adapt the existing instruments to new constent providerllations;
Amendment 62 #
2012/2300(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 68 #
2012/2300(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission, by means of the prompt further development of the Audiovisual Media Services Directive and other EU legis to consider which regulatory mechanisms are still necessary and useful against the background of convergence and which should perhaps be newly implemented, whereby the objective of convergent regulation should be to remove existing overregulation, to and create a level playing field for all content and service providers, taking account of the following minimum requirements, so as to ensure fair competition among content providers and guarantee users the chance to choose among a wide range of high-quality services on a footing of equal opportunity and without discrimination;
Amendment 74 #
2012/2300(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that the development strategy of these new market players will lead to an increased range of content by combining long-established TV channels with the plethora of content available on the Internet;
Amendment 79 #
2012/2300(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to review the provisions of the Audiovisual Media Services Directivehave an eye to future challenges of Connected TV, in ter alia with reference toms of the competitiveness in the industry, and particularly to fully exploit the opportunities afforded by liberalisation orby accessing greater flexibility of quantitative rules on advertising;
Amendment 91 #
2012/2300(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Encourages Europe’s audiovisual industry to continue to develop consistent, attractive services, especially on-line, so as to enrich the range of European audiovisual content on offer;
Amendment 96 #
2012/2300(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to ensure in the Audiovisual Media Services Directive that Member States are given the opportunity to grantxamine whether and how those content providers can be granted an appropriately privileged status with regard to findability on hybrid platforms (including portals, home pages and EPGs) to which the Member States assign a public broadcasting remit or which help to promote objectives in the public interest, particularly tosuch as ensureing media pluralism and cultural diversity, or which lastingly and demonstrably undertake to carry out duties in the public interest which maintain the quality and independence of reporting and promote diversity of opinion, in which connection service providers with the highest aspirations to comply with such obligations should also be assigned the most prominent position on platforms;.
Amendment 98 #
2012/2300(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Emphasises that, in this environment in which many services are on offer, it is important that the best possible referencing is provided for European services, which, furthermore, are the most capable of promoting the objective of cultural diversity;
Amendment 101 #
2012/2300(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission and Member States, in addition to such ‘must be found’ rules, to consider to what extent a reform of media regulation so as to move towards incentive and certification schemes and strengthen self- regulatory approaches can enable the aforesaid regulatory objectives of the Audiovisual Media Services Directive, in particular as regards the protection of young people and human dignity, to be attained in a lasting fashion;
Amendment 105 #
2012/2300(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is concerned, in this context, by the increased level of competition resulting from the presence of international players that are not subject to European rules and obligations;
Amendment 109 #
2012/2300(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to ensure that these platforms are operated on the basis of an open, non-proprietaryinteroperable standard, in a way which accords with market conditions entailing fair competition and accords with consumer demand;
Amendment 115 #
2012/2300(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission and Member States to advance media literacy of all EU citizens, in particular, through initiatives and coordinated actions aimed at increasing understanding of linear and non-linear media services;
Amendment 116 #
2012/2300(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the Commission and Member States to ensure that measures are taken, in particular, by device manufacturers and service providers to improve accessibility to linear and non-linear media services for elderly people and people with a disability such as the hard of hearing and the visually impaired;
Amendment 117 #
2012/2300(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to ensureTakes the view that platform services and portal services arshould be interoperable, so that, if possible, content need only be prepared once, irrespective of the particular device manufacturer or service provider,in order to givinge third parties equalthe opportunitiesy, without discrimination, to produce and market their own applications, irrespective of the medium of transmission;
Amendment 118 #
2012/2300(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recommends that all the European audiovisual services provided by these new players in the shape of distributors, aggregators or publishers should be more visible and better referenced on their platforms;
Amendment 123 #
2012/2300(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Draws attention to the effects of the disparities between VAT systems at European level, which will be further accentuated with the arrival of connected TV, and stresses the need to adopt a competitive joint VAT system across all the Member States;
Amendment 136 #
2012/2300(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to ensure that the anonymous use of TV and on-line services by means of hybrid receiving devices is guaranteed and that monitoring and exploitation of the user’s behaviour by manufacturers of devices or by third parties is not normally allowed, being permitted only with the witting and unambiguous consent of the userconsistent with the data protection rules in force;
Amendment 20 #
2012/2132(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Amendment 26 #
2012/2132(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the expansion of the audiovisual media services markets with the development of hybrid services has amplified concerns over a wide range of issues, such as competition, intellectual property rights, the evolution of existing and the emergence of new forms of audiovisual commercial communications, and overlay advertising which challenges programme integrity and puts into question the adequacy and effectiveness of the AVMSD, as well as its relationship with other instruments of EU law and the needed level playing field between media service providers;
Amendment 27 #
2012/2132(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the provisions of Article 15 of the AVMSD are the result of a fair balance of the interests of all stakeholders, by respecting the public's right to access information on the one hand, and the right to property and freedom to conduct a business on the other hand;
Amendment 34 #
2012/2132(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Observes that the Commission application report fails todoes not assess the need for a possible adaptation of the AVMSD in view of these findings, as required by Article 33;
Amendment 37 #
2012/2132(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes the Commission's intention to publish shortly a policy document on convergence related to Connected TV and connected devices which will launch a public consultation on all issues arising from these new developments;
Amendment 42 #
2012/2132(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to address this deficit by providing an regular overview of measures taken by the Member States and an assessment of their efficacy, so as to ensure that audiovisual media services are continually made more accessible;
Amendment 53 #
2012/2132(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on Member States to strengthen efforts to encourage audiovisual media services providers and manufacturers of supporting devices, to pay full recognition to the needs of people with a disability and of the elderly;
Amendment 60 #
2012/2132(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Regrets that the data provided are insufficient to draw any conclusions on the promotion of European works by on- demand services providers and urges the Member States to provide relevant data in that regard;
Amendment 62 #
2012/2132(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses the lack of separatedetailed reporting under Article 13 of the AVMSD on the dual obligation to promote access to andthe promoduction of, and the access to, European works in on- demand services, and asks the Commission to clarify this point;
Amendment 64 #
2012/2132(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Therefore calls on the European Commission and Member States to act urgently to ensure the effective implementation of Article 13 of the Audiovisual Media Services Directive;
Amendment 66 #
2012/2132(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to take effective measures to promote better synergies amongst regulatory authorities, audiovisual media services providers and the Commission, which enable EU films, to reach a wider audience both domestically and in other Member States both on linear and non linear services;
Amendment 71 #
2012/2132(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recognises the efforts made by the advertising industry and members of the EU Pledge, made notably in the context of the EU Platform on Diet, Physical Activity and Health, to respond to the AVMS Directive's call for codes of conduct for commercial communications, accompanying or included in children's programmes, of foods and beverages high in fat, sugar and salt;
Amendment 80 #
2012/2132(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that although such self- regulatory initiatives represent an advance on the prior situation, they havemay not proved toalways be sufficiently effective and should therefore be continuously evaluated; furthermore they cannot replace legally binding requirements that may bare necessary to ensure the effective protection of minors;
Amendment 82 #
2012/2132(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Urges Member States to continue encouraging audiovisual media service providers to develop codes of conduct as regards to inappropriate audiovisual commercial communications in children's programmes;
Amendment 86 #
2012/2132(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Acknowledges Member States' achievements in protecting against content inciting hatred on the grounds of race, sex, nationality and religion;
Amendment 107 #
2012/2132(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Takes note of the findings by the Commission with regard to the level of media literacy in the Member States;
Amendment 120 #
2012/2132(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Commission to consider whether some basic requirements of the AVMSD should be extended to other online content and services which are currently out of its scope, and to report to the Parliament by 2014;
Amendment 123 #
2012/2132(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Calls on the European Commission, in its next report on the application of the Audiovisual Media Services Directive, to assess whether Member States have implemented the Directive in a way that preserves the necessary and existing balance between, on the one hand, safeguarding the principle of freedom of access to information, especially on events of high interest to society and, on the other hand, the protection of rights holders;
Amendment 125 #
2012/2132(INI)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Calls on the European Commission to also include in its next report an assessment of the ways Member States have implemented article 15 of the Directive, by looking more particularly at how they ensure that events of high interest to the public which are transmitted on an exclusive basis by a broadcaster under their jurisdiction, are used for the purposes of short news reports in general news programmes;
Amendment 126 #
2012/2132(INI)
Motion for a resolution
Paragraph 22 d (new)
Paragraph 22 d (new)
22d. Hopes that Member States, in their application of article 15 of the Directive, promote a high level of diversity in the number of events of significant public interest that are shown in general news programmes through short news reports;
Amendment 108 #
2012/2045(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Stresses that training players at local level is fundamental for the sustainable development and the societal role of sport and expresses its support for sports governing bodies that encourage clubs to invest in the education and training of young local players through measures establishing a minimum number of locally trained players in a club squad and encourages to go further still;
Amendment 2 #
2012/2038(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
C a. whereas art and antiques market makes a significant contribution to the global economy, including the businesses it supports, specially those in the creative industries;
Amendment 4 #
2012/2038(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights its concern over the application of artist's resale rights (ARR) beyond living artists; cCalls on the Commission to undertake an impact assessment of the effectfunctioning onf the art market of the application of ARR beyond living artists andin general and on the administrative difficulties that this places onface smaller and specialist auction houses and dealers;
Amendment 5 #
2012/2038(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Highlights the importance of giving proactive support to local artists, including the youngests;
Amendment 5 #
2012/2030(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to propose the application of a reduced rate of VAT to online cultural goods and services in order to encourage the development of legal offers;
Amendment 10 #
2012/2030(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that micropayments are increasingly used to pay for media and cultural content online; emphasises however that problems associated with online payment systems, such as lack of interoperability and high costs of micro- payment for consumers, should be tackled with a view to developing simple, innovative and cost-effective solutions of benefit to consumers and digital platforms;
Amendment 10 #
2012/2030(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Awaits with anticipation the proposal for a legal framework for the collective administration of copyrights with a view to ensuring better accountability, transparency and governance of collective rights management societies, establishing efficient dispute resolution mechanisms, and clarifying and simplifying licensing systems in the music sector; calls on the Commission not to defer the submission yet again;
Amendment 14 #
2012/2030(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Requests clarification that internet service providers are obliged to adhere to EU data protection law and EU competition law and to comply with intellectual property rights protection when gathering data within the EU, irrespective of where this data is stored and/or processed; considers that a higher level of transparency regarding the identification of internet service providers should play a key role in fostering consumer confidence, promote best practice in this area, and be a key criterion for the creation of a European trustmark;
Amendment 18 #
2012/2030(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines that the Digital Single Market will allow citizens to have access, throughout the EU, to all digital contents and services, whether they are musical, audiovisual, or a video game;
Amendment 19 #
2012/2030(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 22 #
2012/2030(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Underlines that digital technologies provide new and innovative ways to customise and enrich the offer and meet consumers' demand, including for tailored cross-border services; calls for better exploitation of digital technologies which should constitute a springboard for both differentiation and multiplication of legitimate offers;
Amendment 23 #
2012/2030(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 32 #
2012/2030(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses the need to subject cultural works sold online and offline to the same VAT rate; considers, in this context, that the application of reduced VAT rates for online cultural content would boost the attractiveness of digital platforms;
Amendment 36 #
2012/2030(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the proposals for increasing availability and developing legal online content services, but highlights that this is inhibited by the EU's fragmented copyright system;
Amendment 38 #
2012/2030(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the proposals for increasing availability and developing legal online content services, but highlights that this is inhibited by the EU's fragmented copyright systeme need for copyright law which provides the appropriate incentives, ensures balance and keeps apace with modern technology; considers that the encouragement, promotion and sustainability of multi- territorial licensing in the digital single market should, above all, be facilitated by market-driven initiatives in response to consumer demand;
Amendment 43 #
2012/2030(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. RegretWelcomes the announcement by the Commission of a new notice and action scheme before the EP has been able to discuss the IP Enforcement Directive, under which such a scheme should be dealt withand recalls in this context that the E-Commerce Directive provides that information society service providers have a duty to act, under certain circumstances, with a view to preventing or stopping illegal activities occurring online;
Amendment 45 #
2012/2030(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 54 #
2012/2030(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Recalls that Member States also have a role to play by veiling to a rapid and non-bureaucratic implementation of the EU rules, in order to make consumers' rights concrete;
Amendment 55 #
2012/2030(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. RegretWelcomes the Commission's proposals for cooperative measures with payment services to combat unauthorised or illegal content; acknowledges that analysing the use of payment services can help identify individuals providing such content; reiterates that the universal and fundamental right to a fair trial before an independent and impartial tribunal established by law must be unequivocally ensured for infringers of IPRstresses that this cooperation should be firmly grounded in a legal framework characterised by respect for data privacy, consumer protection, right of redress and access to justice;
Amendment 62 #
2012/2030(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Underlines that all operators, including payment providers and advertisers, have a role to play in the fight against unauthorized or illegal content;
Amendment 96 #
2012/0244(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to provide for the single supervisory mechanism, Council Regulation (EU) No …/… [127(6) Regulation] confers specific tasks on the ECB concerning policies relating to the prudential supervision of credit institutions in the Member States whose currency is the euro. Other Member States may enter in a close cooperation with the ECB. Under that Regulation, the ECB is to coordinate and express the position of those Member States on the decisions to be taken by the Board of Supervisors of the European Banking Authority (EBA) falling within the scope of the ECB tasks.
Amendment 111 #
2012/0244(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) Bearing in mind that the EBA, in works of which all Member States participate with equal rights, was established with an aim to develop the single rulebook and ensure the coherence of supervisory practices within the EU and given the establishment of the single supervisory mechanism with a leading role of the ECB, the EBA needs to be equipped with adequate instruments, which will enable it to efficiently perform its entrusted tasks concerning the integrity of the single market in the area of financial services.
Amendment 118 #
2012/0244(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In view of the supervisory tasks conferred on the ECB by Council Regulation (EU) No …/….../... [127(6) Regulation], EBA should be able to carry out its tasks also in relation to the ECB. In order to ensure that existing mechanisms for settlement of disagreements and actions in emergency situations remain effective, a specificcommon procedure, binding for all competent authorities, should be provided for. In particular, if the competent authority, including the ECB, does not comply with an action by EBA to settle a disagreement or to address an emergency situation, it should be required to explain its reasons. In that case, whenever based on requirements set out in directly applicable Union law EBA can adopt an individual decision addressed to the financial institution concerned, it should do so.
Amendment 123 #
2012/0244(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) The mandate of the EBA to settle disagreements, involving the ECB with regard to cases concerning prudential supervision, can be inferred from the fact that both the establishment of the EBA and the conferment of specific supervisory tasks on the ECB have been introduced through secondary law.
Amendment 127 #
2012/0244(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In order to ensure that interests of all Member States are adequately taken into account and to allow for the proper functioning of the EBA with a view to maintain and deepen the internal market in the field of financial services, the voting modalities within the Board of Supervisors should be adapted, in particularboth with regard to decisions taken by the EBA at simple majority and decisions taken at qualified majority.
Amendment 136 #
2012/0244(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Decisions concerning breaches of Union law and settlement of disagreements should be examined by an independent panel composed of voting members of the Board of Supervisors which do not have any conflicts of interest, appointed by the Board of Supervisors. The decisions proposed by the panel to the Board of Supervisors should be considered as adopted uonless rejected by a simple majority, which should include an adequate number of votes from members from Member Sy if accepted by the Board of Supervisors at simple majority in two separate votings, one of which tatkes participating in the SSM and from Member States that do not participate in the SSMlace in the group of the Member States with common euro currency and the second in the group of remaining Member States.
Amendment 141 #
2012/0244(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The members of the independent panel set up according to Article 41(2) of Regulation (EU) No 1093/2010 should not be considered to be in a situation of conflict of interest on the sole ground that they are, in particular, in cases when they representatives of the competent authoritiesy, which are part of the SSM and a given case to be decided upon by the Panel concerns the SSMhas jurisdiction within the Member State, in which the concerned credit institution operates. The EBA should develop rules of procedure for the panel that ensure its independence and objectivity.
Amendment 144 #
2012/0244(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) Since the Member States which entered into close cooperation with the SSM are devoid of voting rights in the Governing Council of the ECB, which results in a lack of effective influence on the decision making process within the SSM, a special procedure for settlement of disagreements between the ECB and a competent authority of a Member State which has entered into close cooperation shall be established, which will compensate for the absence of forceful instruments to sway the decision making process taken within the SSM and at the same time, will safeguard the right to protect justified interests, in particular the stability of the local financial market. To that end, the EBA should be equipped with the ultimate authority to settle disagreements between the ECB and the competent authority of a Member State that has entered into close cooperation with the SSM.
Amendment 148 #
2012/0244(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The composition of the Management Board should be balanced and proper representation of Member States participating in the SSM, remaining in the close cooperation, and not participating in the SSM should be ensured.
Amendment 196 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 1093/2010
Article 18 – paragraph 3a
Article 18 – paragraph 3a
"3a. Where the Authority requests the ECB as competent authority to take the necessary action in accordance with paragraph 3, the ECBcompetent authority shall comply with it or shall provide within 48 hours at the latest adequate justification to the Authority for its non-compliance."
Amendment 197 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 1093/2010
Article 18 – paragraph 3a
Article 18 – paragraph 3a
"3a. Where the Authority requests the ECB as competent authority to take the necessaryspecific action or to refrain from action in accordance with paragraph 3, the ECBcompetent authority shall comply with it or shall provide within 48 hours at the latestwithin ten working days of the receipt of the request provide adequate justification to the Authority for its non-compliance."
Amendment 213 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 1093/2010
Article 35 – paragraph 3
Article 35 – paragraph 3
"3. Upon a duly justified request from a competent authority, the Authority mayshall provide any information that is necessary to enable the competent authority to carry out its duties, in accordance with the professional secrecy obligations laid down in sectoral legislation and in Article 70."
Amendment 222 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 1093/2010
Article 41 – paragraph 2 – subparagraph 1
Article 41 – paragraph 2 – subparagraph 1
"For the purposes of Article 17 and 19, the Board of Supervisors shall establish an independent panel consisting of the Chairperson and twofour members appointed by the Board of Supervisors among its voting members. At least onetwo members of the independent panel shall be from a Member State which is not a participating Member State in accordance with Regulation (EU) No …/… [127(6) TFEU Council Regulation]currency is not the euro, at least one of which shall be from a Member State not exercising close cooperation with the SSM either."
Amendment 224 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 1093/2010
Article 41 – paragraph 3
Article 41 – paragraph 3
"3. The panel shall propose a decision for final adoption by the Board of Supervisors, in accordance with the procedure set out in the third subparagraph of Article 44(1)members of the panel shall act independently, objectively in accordance with Article 42 and shall not be in a situation of conflict of interest. It shall be recognized that the members of the panel remain in a situation of conflict of interests, in particular, in cases when they represent the competent authority, which has the jurisdiction within the Member State, in which the concerned credit institution operates."
Amendment 226 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 1093/2010
Article 41 – paragraph 4
Article 41 – paragraph 4
"4. The Board of Supervisors shall adopt rules of procedure for the panel referred to in paragraph 2, including rules implementing the requirement set out in the second subparagraph of that paragraphBy way of derogation from paragraph 2, from the date when the euro is not the currency of only two Member States, the independent panel shall consist of a Chairperson and two members appointed by the Board of Supervisors, among its voting members. At least one member of such an independent panel shall be from a Member State in which currency is not the euro."
Amendment 230 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) No 1093/2010
Article 42
Article 42
Amendment 236 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 1
Article 44 – paragraph 1 – subparagraph 1
"1. Decisions of the Board of Supervisors shall be taken by a simple majority of its memberin two separate votings, one of which takes place in the group of the Members States with common euro currency and the second in the group of remaining Member States. Each member shall have one vote."
Amendment 241 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 2
Article 44 – paragraph 1 – subparagraph 2
"With regard to the acts specified in Articles 10 to 16 and measures and decisions adopted under the third subparagraph of Article 9(5) and Chapter VI and by way of derogation from the first subparagraph of this paragraph, the Board of Supervisors shall take decisions on the basis of a qualified majority of its members, as defined in Article 16(4) of the Treaty on European Union and in Article 3 of the Protocol (No 36) on transitional provisions, however the decisions to be passed shall be supported in parallel by at least simple majority of weighted votes in the group Member States with common euro currency, as well as in the group of remaining Member States."
Amendment 246 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 3
Article 44 – paragraph 1 – subparagraph 3
"With regard to decisions in accordance with Articles 17, 19, and 19a, the decision proposed by the panel shall be considered as adopted uonless it is rejected by a simple majority which shall include at least three votes from members of participating Member Sy if accepted by the Board of Supervisors at a simple majority in two separate votings, one of which tatkes and three votes from members ofplace in the group of the Members States which are neither participating Member States in accordance with Regulation (EU) No …/…[127(6) TFEU Council Regulation] nor have entered into close cooperation with the ECB in accordance with that Regulationith common euro currency and the second in the group of remaining Member States. Each member shall have one vote."
Amendment 249 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 –paragraph 1 – subparagraph 4
Article 44 –paragraph 1 – subparagraph 4
"By way of derogation from the third subparagraph, from the date when four or less Member States are neither participating Member States in accordance with Regulation (EU) No …/… [127(6) TFEU Council Regulation] nor have entered into close cooperation with the ECB in accordance with that Regulationthe euro is not the currency in only four Member States, the decision proposed by the panel shall be considered as adopted uonless it is rejected byy if accepted by the Board of Supervisors at a simple majority which shall include at least one vote from members of those Member States. Each member shall have one vote."
Amendment 252 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation EU No 1093/2010
Article 44 –paragraph 1 – subparagraph 5
Article 44 –paragraph 1 – subparagraph 5
"By way of derogation from the third subparagraph, from the date when the euro is not the currency in three or less Member States, the decision proposed by the panel shall be considered as adopted, only if accepted by the Board of Supervisors at a qualified majority of five- sixths of its members. Each member shall have one vote."
Amendment 253 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation EU No 1093/2010
Article 44 –paragraph 1 – subparagraph 5 a (new)
Article 44 –paragraph 1 – subparagraph 5 a (new)
"The independent panel, mentioned in Article 41, with regard to decisions in accordance with Articles 17, 19, and 19a takes the decision at a qualified majority of four-fifths of its members. From the date when the euro is not the currency in only two Member States, the independent panel takes decisions by simple majority."
Amendment 264 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation EU No 1093/2010
Article 45 – paragraph 1 – subparagraph 3
Article 45 – paragraph 1 – subparagraph 3
"The term of office of the members elected by the Board of Supervisors shall be 2 1/2 years. That term may be extended once. The composition of the Management Board shall be balanced and proportionate and shall reflect the Union as a whole. The Management Board shall include at least twohree representatives from Member States in which are not participating Member States in accordance with Regulation [127(6) TFEU Council Regulation] nor havecurrency is not the euro, at least two of which come from the Member States, which did not entered into close cooperation with the ECB in accordance with that RegulationSSM either. Mandates shall be overlapping and an appropriate rotating arrangement shall apply."
Amendment 266 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8 b (new)
Article 1 – paragraph 1 – point 8 b (new)
Regulation (EU) No 1093/2010
Article 58 – paragraph 3
Article 58 – paragraph 3
8 b. Article 58(3) is replaced by the following: "3. Two members of the Board of Appeal and two alternates shall be appointed by the Management Board of the Authority from a short-list proposed by the Commission, following a public call for expressions of interest published in the Official Journal of the European Union, and after consultation of the Board of Supervisors. At least one member and his alternate should come from a Member State which currency is not the euro, nor has entered into close cooperation with the ECB in accordance with that Regulation. The other members shall be appointed in accordance with Regulation (EU) No 1094/2010 and Regulation (EU) No 1095/2010."
Amendment 90 #
2012/0242(CNS)
Proposal for a regulation
Recital 4
Recital 4
(4) Competence for supervision of individual banks in the Union remains mostly at national level. This limits the effectiveness of supervision and the ability of supervisors to reach a common understanding of the soundness of the banking sector throughout the UnionCoordination between supervisors is vital but the crisis has shown that mere coordination is not enough, in particular in the context of a single currency. In order to preserve and increase the positive effects of market integration on growth and welfare, integration of supervisory responsibilities should therefore be enhanced.
Amendment 214 #
2012/0242(CNS)
Proposal for a regulation
Recital 18
Recital 18
Amendment 265 #
2012/0242(CNS)
Proposal for a regulation
Recital 25
Recital 25
Amendment 284 #
2012/0242(CNS)
Proposal for a regulation
Recital 29
Recital 29
(29) As regards the supervision of cross- border banks active both inside and outside the Euro area the ECB should cooperate closely with the competent authorities of non participating Member States. As a competent authority the ECB should be subject to the related obligations to cooperate and exchange information under Union law and should participate fully in the colleges of supervisors. In addition, since the exercise of supervisory tasks by a European institution brings about clear benefits in terms of financial stability and sustainable market integration, Member States not participating in the common currency should therefore also have the possibility to participate in the new mechanism. However, it is a necessary pre-condition for an effective exercise of supervisory tasks, that supervisory decisions are implemented fully and without delay. Member States wishing to participate in the new mechanism should therefore undertake to ensure that their national competent authorities will abide by and adopt any measure in relation to credit institutions requested by the ECB. The ECB should be able to establish a close cooperation with the competent authorities of a Member State not participating in the common currency. It should be obliged to establish the cooperation where the conditions set out in this regulation are met. The conditions under which representatives of the competent authorities of the Member States which established a close co-operation take part to the activities of the Supervisory Board should allow the greatest possible involvement of those represenensure equal treatment of all participating Member Statives taking into account the limits following from the Statute of ESCB and of the ECB, in particular as regards the integrity of its decision making process.
Amendment 320 #
2012/0242(CNS)
Proposal for a regulation
Recital 34
Recital 34
(34) The conferral of supervisory tasks implies a significant responsibility for the ECB to safeguard financial stability in the Union, and to use its supervisory powers in the most effective and proportionate way. The ECB should therefore be accountable for the exercise of these tasks towards the European Parliament and the Council of Ministers respectively the Eurogroup as democratically legitimised institutions representing the European people and the Member States. That should include regular reporting and responding to questions. Where national supervisors take action under this Regulation, accountability arrangements provided under national law should continue to apply.
Amendment 395 #
2012/0242(CNS)
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
(47a) Whereas the pending financial crisis contributed immensely to the fragmentation of European financial markets, it is indispensable to enhance the common integrated financial framework. However, it should be borne in mind that the deepening of integration in the EMU cannot give rise to new, not outlined in the Treaties, convergence criteria, which can create additional barriers to entry for countries under a temporary derogation.
Amendment 396 #
2012/0242(CNS)
Proposal for a regulation
Recital 47 b (new)
Recital 47 b (new)
(47b) Whereas, efforts to secure financial stability within the EU require a diversified approach to distinctive types of risks in different markets and considering that the economies of the Member States, including those in the EMU, remain heterogeneous and that economic cycles are not synchronized, it should be borne in mind that according to the ESRB Recommendation (ESRB/2011/3) and standard no. 138 of Basel III, effective response to the problems of macroeconomic imbalances necessitates the use of discretionary instruments at local level. Moreover, the scope to customize macroprudential instruments is of the utmost significance to the Member States remaining in the EMU, due to their inability to use macroeconomic automatic stabilizers, such as interest rate or exchange rate.
Amendment 409 #
2012/0242(CNS)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation confers on the ECB specific tasks concerning policies relating to the prudential supervision of credit institutions, with a view to promoting the safety and soundness of credit institutions and the stability of the financial system within the EU and each Member State, with due regard for the unity and integrity of the internal market.
Amendment 413 #
2012/0242(CNS)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘'participating Member State’' means a Member State whose currency is the euro; or a Member State whose currency is not the euro, which has entered into a close cooperation in accordance with Article 6.
Amendment 474 #
2012/0242(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
Amendment 496 #
2012/0242(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point k
Article 4 – paragraph 1 – point k
(k) To carry out supervisory tasks in relation to early intervention where a credit institution does not meet or is likely to breach the applicable prudential requirements, including recovery plans and intra group financial support arrangements, in coordination with the relevant resolution authorities;
Amendment 504 #
2012/0242(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point l
Article 4 – paragraph 1 – point l
Amendment 525 #
2012/0242(CNS)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Subject to and in compliance with any relevant Union law rule and in particular any legislative and non-legislative act including technical standards developed by EBA and adopted by the Commission, the ECB may adopt regulations and recommendations and take decisions to implement or apply Union law, to the extent necessary to carry out the tasks conferred upon it by this Regulation, and only where those Union acts, do not deal with certain aspects necessary for the proper exercise of the ECB's tasks or do not deal with them in sufficient detail. Before adopting a regulation, the ECB shall conduct open public consultations, including EBA and the Commission, and analyse the potential related costs and benefits.
Amendment 588 #
2012/0242(CNS)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. National competent authorities shall follow the instructions given by the ECB for the purposes of the tasks mentioned in Article 4(1). Instructions given by the ECB shall not interfere with the exercise of voting rights by competent authorities of participating Member States within the Board of Supervisors and the Management Board of the European Banking Authority.
Amendment 615 #
2012/0242(CNS)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
1. Within the limits set out in this Article, the ECB shall carry out the tasks in the areas referred to in Article 4 (1) and (2) in relation to credit institutions established in a participating Member State whose currency is not the euro, where a close cooperation has been established between the ECB and the national competent authority of such Member State in accordance with this Article.
Amendment 620 #
2012/0242(CNS)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
To that end, the ECB may address guidelines or requests to the national competent authority of the non participating Member State, whose currency is not the euro.
Amendment 627 #
2012/0242(CNS)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The close cooperation between the ECB and the national competent authority of a non participating Member State, whose currency is not the euro, shall be established, by a decision adopted by the ECB, where the following conditions are met:
Amendment 639 #
2012/0242(CNS)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 650 #
2012/0242(CNS)
Proposal for a regulation
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. The Member State that has established a close cooperation with ECB may request the ECB to terminate the close cooperation at any time. In this case, the ECB shall immediately proceed to adopt a decision terminating the close cooperation. The decision shall be published in the Official Journal of the European Union and shall specify the date from which it is legally valid.
Amendment 812 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The planning and execution of the tasks conferred upon the ECBdrafting of decisions to be taken by the ECB with regards to supervisory tasks conferred upon it by this Regulation, shall be undertaken by an internal body composed of four representatives of the ECB appointed by the Executive Board of the ECB and one representative of the national authority competent for the supervision of credit institutions in each participating Member State (hereinafter ‘s'Supervisory bBoard’').
Amendment 829 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. In addition, the supervisory board shall include a Chair elected by the members of the Governing Couperson. Appointment shall be made on the basis of merit, skills, knowledge of financial institutions and markets, and of experience relevant to financial from the members, with the exception of the Presidsupervision and regulation, following an open selection procedure. The Chairperson shall be appointed by common accord of the government,s of the Executive Board, and a Vice-Chair elected by and from the members of the Governing Council of the ECBMember States at the level of Heads of State or Government, on a recommendation from the supervisory board, after it has consulted the Council and the European Parliament. The Supervisory Board elects from among its members two Vice-Chairmen.
Amendment 839 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The Governing Council of the ECB may delegate clearly defined supervisory tasks and relatedFor the purpose of paragraph 1 the Governing Council of the ECB authorises the Supervisory Board to draft decisions regarding individual or a set of identifiable credit institutions, financial holding companies or mixed financial holding companies to the supervisory board, subject to. The Supervisory Board proposes a decision for final adoption by the Goversight and responsibility of the Governing Councilning Council. The decision proposed by the Supervisory Board shall be considered as adopted unless it is rejected by the Governing Council. The Governing Council can only accept or reject the proposed decision. If the Governing Council rejects the proposed decision, it shall be returned to the Supervisory Board for a review.
Amendment 860 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Chair of the European Banking Authority and, a member of the European Commission may participate as observers in the meetings of the supervisory boardand chairmen of national competent authorities from Member States remaining outside the SSM may participate as observers in the meetings of the supervisory board on condition that their request has been accepted by the supervisory board by simple majority. The Supervisory board may, if appropriately justified, restrict observers' access to confidential data.
Amendment 864 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. The Governing Council shall adopt the rules of procedure of the supervisory board includingand shall make them public. They shall ensure equal treatment of all participating Member States, including voting rights. They shall also include rules on the term of office of the Chair and the Vice-Chair. The term of off, whiceh shall not exceed five years and shall not be renewable.
Amendment 73 #
2012/0199(COD)
Proposal for a decision
Recital 13
Recital 13
(13) The preparation phase between the designation of a city and the year of the title is of crucial importance for the success of a European Capital of Culture. There is a large consensus among stakeholders that the accompanying measures introduced by Decision N° 1622/2006/EC have been very useful for the cities. These measures should be further developed, in particular through more frequent monitoring meetings and visits to the cities by panel members, and through an even stronger exchange of experience between past, present and future Capitals, as well as candidate cities, especially by using the already established formal and informal networks of European Capitals of Culture, particularly by making use of existing European Capitals of Culture networks and creating a new financing line for those networks.
Amendment 89 #
2012/0199(COD)
Proposal for a decision
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Amendment 88 #
2012/0180(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) It is imperative, however, that account is taken of the specific nature of collective management organisations serving the audiovisual and live entertainment sectors, which function very differently from the music sector.
Amendment 89 #
2012/0180(COD)
Proposal for a directive
Recital 3
Recital 3
Amendment 95 #
2012/0180(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) A suitable legal framework for collective management organisations should be established and, in particular, those Member States that do not yet have a supervisory body should establish one so as to facilitate the proper transposition of the EU legislation.
Amendment 101 #
2012/0180(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The protection of the interests of the members of collecting societies, rightholders and third parties requires that the laws of the Member States related to copyright management and multi-territorial licensing for online rights in musical works be coordinated with a view to having equivalent safeguards throughout the Union. Accordingly, the Directive is based on Article 50(2)(g) of the Treaty.
Amendment 105 #
2012/0180(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Having the freedom to provide and to receivereceive services for collective management serviceof copyright and related rights across national borders entails that rightholders are able to freely choose the collecting societyve management organisation for the management of their rights, such as public performance or broadcasting rights, or categories of rights, such as interactive communication to the public, provided the collecting society ve management organisation already manages such rights or categories of rights. This implies that rightholders can easily withdraw their rights or categories of rights from a collecting societyve 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 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 of rightholders to manage their rights individually, including for non- commercial uses.
Amendment 112 #
2012/0180(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) In implementing the provisions of the Directive, account should be taken of the specificity of each sector. In this context, collecting societies are the preferred way to ensure fair remuneration for authors. Collecting societies must be able to perform their task of pooling management costs for the benefit of their members and in the interests of legal certainty for users and of defending and promoting cultural diversity.
Amendment 115 #
2012/0180(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Members of collecting societieve management organisations should be allowed to participate and vote in the general meeting; the exercise of these rights may only be subject to fair and proportionate restrictions. The exercise of voting rights should be made easy.
Amendment 117 #
2012/0180(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The interests of all Members of collecting societiemanagement organisations should be represented at the general meeting and where possible, members of collecting management organisations should be allowed to participate and vote in the general meeting; the exercise of these rights may only be subject to fair and proportionate restrictions. The exercise of voting rights should be made easy.
Amendment 123 #
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 societieve management organisations. To this end, collective management organisations should establish a supervisory function appropriate to their organisational structure and allow members to be representedthe different categories of members to be represented in fair and balanced manner 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 126 #
2012/0180(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Collecting societies collect, manage and distribute revenue from the exploitation of the rights entrusted to them by rightholders. This revenue is ultimately due to rightholders who may be members of that society, or another society. It is therefore important that collecting societies exercise the utmost diligence in collecting, managing and distributing that revenue. Accurate distribution is only possible where collecting societies maintain proper records of membership, licences and use of works and other subject matter. Where appropriate, data should also be provided by rightholders and users and verified by the collecting societies. Amounts collected and due to rightholders should be managed separately from any own assets of the collecting society and, if they are invested, pending their distribution to rightholders, this should be carried out in accordance with the investment policy decided by the collecting societies’ general meeting. In order to maintain a high level of protection for the rights of rightholders and to ensure that any income which may be derived from exploitation of their rights accrues for the benefit of rightholders, the investments made and held by the collecting society should be managed in accordance with criteria which would oblige the collecting society to act prudently, while allowing the collecting society to decide on the most secure and efficient investment policy. As the collective management of rights by collecting societies is not a profit-making activity, these organisations should opt for an asset allocation that is suitable in terms of its precise nature and duration, and avoids any exposure to risk of rights revenue. This should allow the colleting society to opt for an asset allocation that suits the precise nature and duration of any exposure to risk of any rights revenue invested and which does not unduly prejudice any rights revenue owed to rightholders. Moreover, in order to ensure that the amounts due to rightholders are appropriately and effectively distributed, it is necessary to require collecting societies to undertake diligent and good faith reasonable measures to identify and locate the relevant rightholders. It is also appropriate to provide for the approval by members of collecting societies of the rules governing any situation where, due to the lack of identified or located rightholders, amounts collected cannot be distributed.
Amendment 129 #
2012/0180(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) This Directive is without prejudice to arrangements in the Member States concerning extended or compulsory collective licensing, legal presumptions of representation or transfer, or a combination of these elements.
Amendment 146 #
2012/0180(COD)
Proposal for a directive
Recital 24
Recital 24
(24) In the online music sector, where collective management of authors' rights on a territorial basis remains the norm, it is essential to create conditions conducive to the most effective licensing practices by collecting societiemanagement organisations, in an increasingly cross-border context. It is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collecting societiemanagement organisations of multi- territorial collective licensing of authors' online rights in musical works, thereby enhancing consumer choice and advancing towards completion of the Digital Single Market. These provisions should ensure the necessary minimum quality of the cross- border services provided by collecting societiemanagement organisations, notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights. They should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi-territorial service. These provisions should enable a collecting societymanagement organisation to request another collecting societymanagement organisation to represent its repertoire on a multi- territorial basis where it cannot fulfil the requirements itself. There should be an obligation on the requested society, provided that it aggregates repertoire and offers or grants multi-territorial licences, to accept the mandate of the requesting society. The development of legal online music services across the Union should also contribute to the fight against piracy.
Amendment 152 #
2012/0180(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Having the freedom to provide and to receivereceive services for collective management serviceof copyright and related rights across national borders entails that rightholders are able to freely choose the collecting societyve management organisation for the management of their rights, such as public performance or broadcasting rights, or categories of rights, such as interactive communication to the public, provided the collecting societyve management organisation already manages such rights or categories of rights. This implies that rightholders can easily withdraw their rights or categories of rights from a collecting societyve 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 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 of rightholders to manage their rights individually, including for non- commercial uses.
Amendment 157 #
2012/0180(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Broadcasting organisations generally rely on a licence from a local collecting societyve management organisation, for their own broadcasts of television and radio programmes which include musical works. This licence is often limited to broadcasting activities. A licence for online rights in musical works would be required in order to allow such television or radio broadcasts to be also available online. To facilitate the licensing of online music rights for the purposes of simultaneous and delayed transmission online of television and radio broadcasts, it is necessary to provide for a derogation from the rules that would otherwise apply to the multi- territorial licensing of musical works for online uses. Such derogation should be limited to what is necessary to allow access to television or radio programmes online and to material having a clear and subordinate relationship to the original broadcast produced for purposes such as supplementing, previewing or reviewing that television or radio programme. That derogation should not operate so as to distort competition with other services which give consumers access to individual musical or audiovisual works online, or lead to restrictive practices, such as market or customer sharing, in breach of Articles 101 or 102 of the Treaty on the Functioning of the European Union.
Amendment 167 #
2012/0180(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
Titles I, II and IV with the exception of Articles 36 and 40 shall apply to all collecting societieve management organisations established in the Union.
Amendment 174 #
2012/0180(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
Title III and Articles 36 and 40 of Title IV shall only apply to those collecting societieve management organisations managing authors' rights in musical works for online use on a multi- territorial basis.
Amendment 178 #
2012/0180(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) This Directive is without prejudice to arrangements in the Member States concerning extended or compulsory collective licensing, legal presumptions of representation or transfer, or a combination of these elements.
Amendment 179 #
2012/0180(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
Titles II, IV, with the exception of Articles 36 and 40, and IVa shall also apply to entities directly or indirectly owned or controlled, in whole or in part, by a collective management organisation provided that these entities carry out an activity which, if carried out by a collective management organisation, would be subject to these provisions.
Amendment 180 #
2012/0180(COD)
Proposal for a directive
Article 2 – paragraph 2 b (new)
Article 2 – paragraph 2 b (new)
Articles 16 to 19, 24(1) and 24(2) shall also apply to any entity other than a collective management organisation which manages copyright and related rights of several rightholders as its sole or main purpose for the collective benefit of those rightholders.
Amendment 186 #
2012/0180(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
This Directive shall not affect Member States' arrangements on extended collective licences or the mandatory collective management of exclusive rights or rights to remuneration.
Amendment 190 #
2012/0180(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘collecting societymanagement organisation’ means any organisation which is authorised by law or by way of assignment, licence or any other contractual arrangement, by more than onea substantial number of rightholders, to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members;
Amendment 196 #
2012/0180(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
c) 'member of a collecting society' means a rightholder or an entity directly representing rightholders, including other collecting societies and associations of rightholders, fulfilling the membership requirements of the collecting societywhich has been accepted as a member;
Amendment 198 #
2012/0180(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
e) 'director' means any individual managing director, any member of the administrative board, the management or the supervisory boardor person with management responsibilities within the society that actually manages the activities of a collecting society;
Amendment 201 #
2012/0180(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘rights revenue’ means income collected by a collecting societyve management organisation on behalf of rightholders, whether from an exclusive right, a right to remuneration or a right to compensation;
Amendment 202 #
2012/0180(COD)
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36a) To the effectiveness and benefit of the dispute resolution procedures, Members States should ensure that their relevant national dispute resolution bodies have a minimum training and experience in the field of copyright and related rights.
Amendment 203 #
2012/0180(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘management fees’ means the amount chargdeducted by a collecting societyve management organisation from the rights revenues in order to cover the costs of its management of copyright or related rights services;
Amendment 203 #
2012/0180(COD)
Proposal for a directive
Recital 36 b (new)
Recital 36 b (new)
(36b) In order to ensure that dispute resolution mechanisms are used in good faith, Member States may complement these mechanisms with a provision on escrow procedures. The sums in question should be set up by a court or an independent dispute resolution body.
Amendment 204 #
2012/0180(COD)
Proposal for a directive
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
k) 'multi-territorial licence' means a licence for an online music service which covers the territory of more than one Member State;
Amendment 209 #
2012/0180(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shall ensure that collecting societieve management organisations act in the best interest of their members and do not impose on rightholders whose rights they manage and do not impose on them any obligations which are not objectively necessary for the protection of the rights and interests of these rightholders.
Amendment 213 #
2012/0180(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
This Directive shall not affect Member States’ provisions on extended collective licensing, the mandatory collective management of exclusive rights or rights to remuneration, the legal presumption of representation by a collecting society or the transfer of rights to a society, with due respect for Community law.
Amendment 219 #
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, categories of rights 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 societyve management organisation or the rightholder.
Amendment 219 #
2012/0180(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
Articles 16 – 19, 24(1) and 24(2) shall also apply to any entity other than a collective management organisation which by way of assignment, licence or other contractual agreement manage copyright or related rights on behalf of more than one rightholder as its sole or main purpose for the collective benefit of those rightholders.
Amendment 222 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Rightholders shall have the right to grant licences free of charge for the non- commercial use of their works and rights. In this case they shall inform in due time the relevant collective management organisations that such a license has been granted.
Amendment 225 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Rightholders shall have the right to terminate the authorisation to manage rights, categories of rights or types of works and other subject matter granted to a collecting societyve management organisations or to withdraw from a collecting societyve management organisations any of the rights or categories of rights or types of works and other subject matter of their choice, at any time during the term of the authorisation, for the Member States of their choice, upon serving reasonable notice not exceeding six months. The collecting societyve management organisation may decide that such termination or withdrawal will take effect only at the middle and at the end of the financial year, whichever is sooner after the expiry of the notice period.
Amendment 227 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Collecting societieve management organisations shall not restrict the exercise of rights provided under paragraphs 3 and 4 by requiring that the management of rights or categories of rights or type of works and other subject matter which are subject to the termination or the withdrawal are entrusted to another collecting societyve management organisation.
Amendment 228 #
2012/0180(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘collecting societyve 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 as its sole or main purpose and which is: a) owned or controlled by its members; and/or b) is a non profit making body;
Amendment 229 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall ensure that the rightholder gives express consent specifically for each right or category of rights or type of works and other subject matter which that rightholder authorises the collecting societyve management organisation to manage and that any such consent is evidenced in documentary form.
Amendment 230 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall ensure that the rightholder gives express consent specifically for each right or category of rights or type of works and other subject matter which that rightholder authorises the collecting society to manage and that any such consent is evidenced in documentary form with the exception of models of non- voluntary collective management.
Amendment 241 #
2012/0180(COD)
Proposal for a directive
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. Collective management organisations shall make information included in Article 19(1) publicly accessible provided that the protection of the personal data of the rightholders is preserved.
Amendment 250 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The general meeting shall control the activities of the collecting societyve management organisation by, at least, deciding on the appointment and removal of the auditor and approving the annual transparency report and the auditor's report.
Amendment 253 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 7 – subparagraph 1 – introductory part
Article 7 – paragraph 7 – subparagraph 1 – introductory part
Any restriction on the right of the members of the collecting societyve management organisation to participate and to exercise voting rights at the general meeting shall be fair and proportionate and be based on the following criteria:
Amendment 263 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Every member of a collecting societyve management organisation shall have the right to appoint any other natural or legal person as a proxy holder to attend and vote at the general meeting in his nameof members in his name, provided that such appointment does not result in a conflict of interest.
Amendment 266 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 8 – subparagraph 1 (new)
Article 7 – paragraph 8 – subparagraph 1 (new)
Where a member appoints another member of the collective management organisation as a proxy holder, Member States may allow the collective management organisation to restrict the appointment of proxy holders to members who belong to the same category as the appointing member.
Amendment 267 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 8 – subparagraph 1 a (new)
Article 7 – paragraph 8 – subparagraph 1 a (new)
Member States may also allow a collective management organisation to impose reasonable restrictions related to the maximum number of votes a proxy holder may exercise at the general meeting of members.
Amendment 268 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 8 – subparagraph 1 b (new)
Article 7 – paragraph 8 – subparagraph 1 b (new)
The proxy holder shall enjoy the same rights in the general meeting of the members as those to which the appointing member would be entitled.
Amendment 269 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 8 – subparagraph 1 c (new)
Article 7 – paragraph 8 – subparagraph 1 c (new)
The proxy holder shall cast votes in accordance with the instructions issued by the appointing member.
Amendment 279 #
2012/0180(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Member States shall ensure that the persons who effectively manage the business of a collecting societyve management organisation and its directors, with the exception of the directors exercising supervisory function, design procedures so as to avoid conflicts of interest. The collecting societyve management organisation shall have procedures to identify, manage, monitor and disclose conflicts of interest in order to prevent them from adversely affecting the interests of members of the societyorganisation.
Amendment 279 #
2012/0180(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The statute of the collecting societyve management organisation shall provide for appropriate and effective mechanisms of participation of its members in the collecting society's decision-making process. The representation of the different categories of members in the decision-making process shall be fair and balanced.
Amendment 283 #
2012/0180(COD)
Proposal for a directive
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5 a. Collective management organisations shall make information included in Article 19(1) publicly accessible provided that the protection of the personal data of the rightholders is preserved.
Amendment 286 #
2012/0180(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Member States shall encourage collective management organisations to provide social, cultural and educational services to their members.
Amendment 287 #
2012/0180(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Member States shall ensure that deductions made for management fees shall not exceed justified and documented costs incurred for the purpose of managing copyright and related rights.
Amendment 302 #
2012/0180(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where the amounts due to rightholders cannot be distributed, after fivthree years from the end of the financial year in which the collection of the rights revenue occurred, and provided that the collecting society has taken all necessary measures to identify and locate the rightholders, the collecting society shall decide on the use of the amounts concerned in accordance with Article 7(5)(b), without prejudice to the right of the rightholder to claim such amounts from the collecting society.
Amendment 302 #
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 on income derived from its investment, to the extent investments are allowed by the Member States;
Amendment 323 #
2012/0180(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Amendment 324 #
2012/0180(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Refusal to grant a license 1. The collective management organisation shall not, without important and justified reasons, refuse to grant a license for the use of works or other protected subject-matter within the scope of the repertoire it represents. In particular, the collective management organisation shall not refuse to grant a license, including a multi-territorial license, for the reasons related to profitability of such license. 2. When refusing to grant a license, the collective management organisation shall inform rightholders it represents, other collective management organisations on whose behalf it manages rights under a representation agreement and the user, of the reasons of such refusal.
Amendment 329 #
2012/0180(COD)
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) the amounts due to the rightholder per category of rights managed, and type of use, paid by the collecting societyve management organisation to the rightholder in the period concerned;
Amendment 330 #
2012/0180(COD)
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Amendment 332 #
2012/0180(COD)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) the amounts due to rightholders per category of rights managed, and per type of use paid by the collecting societyve management organisation for the licensing of the rights it manages under the representation agreement;
Amendment 333 #
2012/0180(COD)
Proposal for a directive
Article 18 – title
Article 18 – title
Information provided to rightholders, members, other collecting societieve management organisations and users on request
Amendment 334 #
2012/0180(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 334 #
2012/0180(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that the collecting societyve management organisation establishes a supervisory function responsible for continuously monitoring the activities and the performance of the duties of the persons entrusted with managerial responsibilities in the collecting societyve management organisation. There shall be fair and balanced representation of the members of the collecting societyve management organisation in the body exercising this function in order to ensure their effective participation.
Amendment 340 #
2012/0180(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In addition, a collecting societyA collective management organisation shall make available at the request of any rightholder or any collecting societyve management organisation, any information on works for which one or more rightholders have not been identified including, where available, the title of the work, the name of the author, the name of the publisher and any other relevant information available which could be necessary to identify the rightholders.
Amendment 342 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. Member States shall ensure that a collecting society makes publicve management organisation makes available through a publicly accessible website at least the following information:
Amendment 343 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 1 – point a a (new)
Article 19 – paragraph 1 – point a a (new)
(aa) standard licensing contracts and applicable tariffs;
Amendment 344 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 1 – point a b (new)
Article 19 – paragraph 1 – point a b (new)
(ab) the repertoire and rights it manages and the Member States covered;
Amendment 345 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 1 – point a a (new)
Article 19 – paragraph 1 – point a a (new)
(aa) 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 348 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 1 – point g a (new)
Article 19 – paragraph 1 – point g a (new)
(ga) a list of representation agreements it has entered into, including information on other collective management organisations involved, the repertoire represented and the territorial scope covered by any such agreement.
Amendment 354 #
2012/0180(COD)
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 379 #
2012/0180(COD)
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Member States shall ensure that collecting societiemanagement organisations make available to their members and rightholders effective and timely procedures for dealing with complaints and for resolving disputes in particular in relation to authorisation to manage rights and termination or withdrawal of rights, membership terms, the collection of amounts due to rightholders, deductions and distributions. The procedures for dealing with complaints and for resolving disputes shall be independent.
Amendment 388 #
2012/0180(COD)
Proposal for a directive
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Member States shall providensure that their respective competent authorities may take appropriate administrative sanctions andhave the power to impose appropriate sanctions and to take appropriate measures where the provisions of the national provisionslaw adopted in the implementation of this Directive have not been complied with, and shall ensure that they are applied. These sanctions and measures shall be effective, proportionate and dissuasive.
Amendment 390 #
2012/0180(COD)
Proposal for a directive
Article 38 – paragraph 2
Article 38 – paragraph 2
Amendment 397 #
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 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 422 #
2012/0180(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Obligations on users Member States shall ensure that users provide a collective management organisation, within a reasonable period, with relevant information on the use of the rights represented by the collective management organisation that is necessary for the collection and distribution of rights revenue. 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 451 #
2012/0180(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 464 #
2012/0180(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In addition, a collecting societyA collective management organisation shall make available at the duly motivated request of any rightholder or any collecting societyve management organisation, any information on works for which one or more rightholders have not been identified including, where available, the title of the work, the name of the author, the name of the publisher and any other relevant information available which could be necessary to identify the rightholders.
Amendment 474 #
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 478 #
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 480 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 1 – point g c (new)
Article 19 – paragraph 1 – point g c (new)
Amendment 503 #
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 534 #
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 37 #
2012/0061(COD)
Proposal for a directive
Recital 4
Recital 4
(4) In order to prevent, avoid and combat circumvention and/or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the Treaty and/or the application of Directive 96/71/EC the implementation and monitoring of the notion of posting should be improved and more uniform criteria, facilitating a common interpretation, should be introduced at Union level.
Amendment 39 #
2012/0061(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Competent authorities should make an overall assessment of all factual elements in order to determine whether the worker is genuinely posted. If the proof cannot be produced, Member States involved should collaborate closely and without delay in order to choose which law is applicable to the employment contract, basing their decision on the Rome I Regulation.
Amendment 42 #
2012/0061(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to ensure the correct application of, and to monitor compliance with, the substantive rules on the terms and conditions of employment to be respected with regard to posted workers, Member States should apply only certain control measures or administrative formalities to undertakings posting workers for the provision of services. Such measures and requirementsFor the purpose of legal clarity, possible control measures and requirements should be uniform at the Union level and may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the Member State of establishment of the service provider within a reasonable delay and/or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained.
Amendment 47 #
2012/0061(COD)
Proposal for a directive
Recital 24
Recital 24
(24) In view of the prevalence of subcontracting in the construction sector, and in order to protect posted workers’ rights, it is nrecessary to ensureommended that in such sector at least the contractor of which the employer is a direct subcontractor can be held liable to pay to posted workers the net minimum rates of pay due, any back- payments of outstanding remuneration and/or contributions due to common funds or institutions of social partners regulated by law or collective agreement in so far as these are covered by Article 3 (1) of Directive 96/71/EC in addition to or in place of the employer. The contractor shallmay not be held liable if he/she has undertaken due diligence. The latter may imply preventive measures concerning proof provided by the subcontractor, including where relevant based upon information emanating from national authorities.
Amendment 54 #
2012/0061(COD)
Proposal for a directive
Recital 26
Recital 26
Amendment 58 #
2012/0061(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘competent authority’ means anpublic authorityies designated by a Member State to perform functions under this Directive;
Amendment 60 #
2012/0061(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘requesting authority’ means the competent authority of a Member State which makes a request for assistance, information, notification or recovery concerning a penalty or fine as referred to in Chapter VI;
Amendment 61 #
2012/0061(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘requested authority’ means the competent authority of a Member State to which a request for assistance, information, notification or recovery is made, as referred to in Chapter VI.
Amendment 68 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
1. For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the State in which it is established in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activitiosts workers to the territory of another Member State in the framework of transnational provision of services. Such elements may only include:
Amendment 70 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point b
Article 3 – paragraph 1 – subparagraph 1 – point b
(b) the place where posted workers are recruited, and from which they are posted
Amendment 71 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point d
Article 3 – paragraph 1 – subparagraph 1 – point d
(d) the place where the undertaking performs its substantial business activity and where it employs, which in a wider time-frame assessment is not limited to purely internal management and/or administrative staff,activities
Amendment 73 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point e
Article 3 – paragraph 1 – subparagraph 1 – point e
Amendment 76 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – introductory part
Article 3 – paragraph 2 – subparagraph 2 – introductory part
Such elements may only include :
Amendment 82 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The cooperation of the Member States shall in particular consist in replying without delay to reasoned requests for information and to carry out checks, inspections and investigations from competent authorities with respect to the situations of posting referred to in Article 1 (3) of Directive 96/71/EC, including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities.
Amendment 84 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. In the event of difficulty in meeting a request for information or in carrying out checks, inspections or investigations, the Member State in question shall rapidly inform the requesting Member State with a view to finding a solution. In the event of any persisting problems in the exchange of information, the Commission should intervene in order to assist Member States in solving the problem.
Amendment 89 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 5 – subparagraph 1
Article 6 – paragraph 5 – subparagraph 1
5. Member States shall supply the information requested by other Member States or the Commission by electronic means as soon as possible and at the latest within 2 weeks from the reception of a request or within one month if the answer requires an on-the-spot inspection.
Amendment 92 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 5 – subparagraph 2
Article 6 – paragraph 5 – subparagraph 2
A specific urgency mechanism shall be used for special situations where a Member State becomes aware of particular circumstances requiring urgent action. In such circumstances, the information shall be submitted within 24 hourtwo working days.
Amendment 93 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 7
Article 6 – paragraph 7
7. Member States shall ensure the confidentiality of the information which they exchange. Information exchanged shall be used only in respect of the matter(s) for which it was requested and in accordance with data protection rules.
Amendment 100 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) athe possibility to request the translation of the documents referred to under (b), may be justified provided these documents are not excessively long and/or standardised forms are generally used for suchthese documents;
Amendment 101 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) an obligation tothe possibility to request the designateion of a contact person to negotiate, if necessary, on behalf of the employer with the relevant social partners in the host Member State to which the posting takes place, in accordance with national legislation and practice, durwithing the period in which the services are provided.
Amendment 110 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – introductory part
Article 12 – paragraph 1 – subparagraph 1 – introductory part
1. With respect to the construction activities referred to in the Annex to Directive 96/71/EC, for all posting situations covered by Article 1(3) of Directive 96/71/EC, the Member States shall ensure on a non–discriminatory basis with regard to the protection of the equivalent rights of employees of direct subcontractors established in its territory, thatare encouraged to introduce a system in which the contractor of which the employer (service provider or temporary employment undertaking or placement agency) is a direct subcontractor can, in addition to or in place of the employer, be held liable by the posted worker and/or common funds or institutions of social partners for non-payment of the following:
Amendment 111 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shallmay provide that a contractor who has undertaken due diligence shall not be liable in accordance with paragraph 1. Such systems, if introduced, shall be applied in a transparent, non discriminatory and proportionate way. They may imply preventive measures taken by the contractor concerning proof provided by the subcontractor of the main working conditions applied to the posted workers as referred to in Article 3 (1) of Directive 96/71/EC, including pay slips and payment of wages, the respect of social security and/or taxation obligations in the Member State of establishment and compliance with the applicable rules on posting of workers.
Amendment 113 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Without prejudice to the means which are or may be provided for in Union legislation, the principles of mutual assistance and recognition as well as the measures and procedures provided for in this ArticleChapter shall apply to the cross-border enforcement of financial administrative fines and penalties imposedpenalties and/or fines imposed on a service provider established in a Member State, for failure to comply with the applicable rules ion a Member State on a service provider establishedposting of workers in another Member State.
Amendment 115 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
2. The requesting authority may, in accordance with the laws, regulations and administrative practices in force in its own Member State, request the competent authority in another Member State to recover a penalty or fine or notify a decision imposing a penalty or a fine, in so far as the relevant laws, regulations and administrative practices in force in the requested authority’s Member State allow such action for similar claims or decisions.
Amendment 124 #
2012/0061(COD)
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a Grounds for refusal The competent authorities in the requested Member State may refuse a request for recovery or notification of a decision if the request is incomplete or manifestly does not correspond to the underlying decision or the costs required to recover the penalty/fine are disproportionate in relation to the amount to be recovered.
Amendment 126 #
2012/0061(COD)
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
1. The requested authority shall remit to the requesting authority the amounts recovered with respect to the fines or penaltipenalties and/or fines referred to in this Chapter shall remain at the requested authority.
Amendment 128 #
2012/0061(COD)
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
Amendment 130 #
2012/0061(COD)
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2
Article 16 – paragraph 2 – subparagraph 2
Amendment 131 #
2012/0061(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 133 #
2012/0061(COD)
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Article 16a Review clause Within three years after the date referred to in Article 20, the Commission shall, in consultation with the Member States, review the application of this Chapter in particular in light of the experiences with and effectiveness of the system of cross- border enforcement of administrative penalties and/or fines with a view to proposing, where appropriate, any necessary amendments or modifications.
Amendment 138 #
2012/0010(COD)
Proposal for a directive
Article 4 – point a
Article 4 – point a
(a) processed fairly and lawfully and in a transparent manner in relation to the data subject;
Amendment 142 #
2012/0010(COD)
Proposal for a directive
Article 4 – point c
Article 4 – point c
(c) adequate, relevant, and not exlimited to the minimum necessiveary in relation to the purposes for which they are processed; they shall only be processed if, and as long as, the purposes could not be fulfilled by processing information that does not involve personal data;
Amendment 145 #
2012/0010(COD)
Proposal for a directive
Article 4 – point f
Article 4 – point f
(f) processed under the responsibility and liability of the controller, who shall ensure and demonstrate compliance with the provisions adopted pursuant to this Directive.
Amendment 183 #
2012/0010(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The controller shall implement mechanisms for ensuring that, by default, only those personal data which are necessary for the purposes of the processing are processed and are especially not collected or retained beyond the minimum necessary for those purposes, both in terms of the amount of the data and the time of their storage. This shall be ensured using technical and/or organisational measures, as appropriate. In particular, those mechanisms shall ensure that by default personal data are not made accessible to an indefinite number of individuals.
Amendment 1 #
2011/2313(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses that online use can represent a real opportunity for better diffusion and distribution of European works, particularly audiovisual works, in conditions where legal supply can develop in an environment of healthy competition which effectively tackles the illegal supply of protected works;
Amendment 2 #
2011/2313(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Recalls that the commercial exploitation of the exclusive rights of communication to the public and of making available to the public aims at generating financial resources, in case of commercial success, in order to finance the future production and distribution of projects, thus promoting the availability of a diversified and permanent offer of new films;
Amendment 7 #
2011/2313(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Invites the Commission to enable the industry to test innovative means of distribution seeking to exploit the possible benefits across and between territories and exploitation windows notably through the implementation of the preparatory action on circulation of audiovisual works adopted by Parliament in November 2011;
Amendment 11 #
2011/2313(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that territorialhe option for territorial production and distribution schemes should continue to apply to the digital environment, since this form of organisation of the audiovisual market appears to guarantee the preform the basis of financing of European audiovisual and cinematographic works; in this regard, multiterritorial licensing should remain optional;
Amendment 14 #
2011/2313(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Considers that the encouragement, promotion and sustainability of multi- territorial licensing in the digital single market for audiovisual works should facilitate market-driven initiatives; underlines that digital technologies provide new and innovative ways to customise and enrich the offer for each market and meet consumers' demand, including for tailored cross-border services; calls for better exploitation of digital technologies which should constitute a springboard for both differentiation and multiplication of legitimate offers;
Amendment 17 #
2011/2313(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to present a legislative initiative for the collective management of copyright, aimed at ensuring better accountability, transparency and governance on the part of collective rights management societies, as well as efficient dispute resolution mechanisms, and at clarifying and simplifying licensing systems in the music sector; stresses, in this regard, the need to operate a clear distinction between licensing practices for different types of content, notably between audiovisual/cinematographic and musical works; recalls that the licensing of audiovisual works is mainly conducted on the basis of contractual agreements, and that collective management is rare;
Amendment 19 #
2011/2313(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas cinema exhibition continues to account for a large proportion of film revenue and has a considerable impact on the success of films on video-on-demand platforms;
Amendment 26 #
2011/2313(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that it is essential, in the online distribution of audiovisual works, to guarantee equitable remuneration for all authors, artists and performers involved, for example by setting up collective agreements through contractual clauses or, in the absence of an agreement between the parties, through voluntary collective administration;
Amendment 28 #
2011/2313(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls for the Commission to urgently carry out a study on the different remuneration options for authors, artists and performers in the audiovisual sector, so that best practice in Member States can be used to set up an EU model;
Amendment 33 #
2011/2313(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission to find mechanisms to encourage access to archived audiovisual material held in Europe's film heritage institutions; for reasons often linked to diminishing consumer appeal and limited shelf life, a substantial share of European audiovisual material is unavailable commercially;
Amendment 35 #
2011/2313(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls on Member States and the Commission to promote solutions to support the digitization, preservation and educational availability of these works, including across borders;
Amendment 36 #
2011/2313(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Calls on the Commission, with regard to the impact of standardized practices on the free movement and free provision of audiovisual works, to implement measures facilitating wider use of the ISAN system;
Amendment 71 #
2011/2313(INI)
Motion for a resolution
Recital S a (new)
Recital S a (new)
Sa. whereas there is a crucial need to step up research and development for developing techniques for the automated management of services for people with disabilities, especially thanks to hybrid broadcasting;
Amendment 82 #
2011/2313(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Promotes the development of a rich and diverse legal offering, especially by making release windows more flexible;
Amendment 87 #
2011/2313(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the Commission’s decision to implement the preparatory action adopted by Parliament for testing new modes of distribution based on the complementarity between platforms on the flexibility of release windows;
Amendment 92 #
2011/2313(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Observes that the development of cross-border service providers is entirely possible so long as business platforms are prepared to contractually acquire the rights to exploit one or more territories, because it is important to remember that territorial systems are the normal markets in broadcasting;
Amendment 116 #
2011/2313(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for Internet users to be afforded greater legal certainty when using streamed services, but suggests that consideration should be given to how to block access toadopt appropriate measures to address pay platforms offering unauthorised services;
Amendment 123 #
2011/2313(INI)
Motion for a resolution
Paragraph 8 a (new) (after subheading "Remuneration")
Paragraph 8 a (new) (after subheading "Remuneration")
8a. Calls on the Commission to evaluate the application of the current acquis in the field of copyright; and in the context of the development of the digital single market, to particularly focus on the implementation of the communication and the making available of the rights of authors, recognised by Article 3(1) of Directive 2001/29/EU on the harmonisation of certain aspects of copyright and related rights in the information society;
Amendment 128 #
2011/2313(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Maintains that it is essential to guarantee authors and performers remuneration that is fair and proportional to the revenue generated by the online exploitation of their works;
Amendment 131 #
2011/2313(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls for the development of new solutions on user-friendly payment systems such as micropayments, and for the development of systems enabling the direct payment of creators, benefiting both consumers and authors;
Amendment 142 #
2011/2313(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Observes that it would be useful for culture workers and Member States to negotiate the implementation of measures enabling public records to fully benefit from digital technology for works that form part of heritage, especially as regards access to remote digital works on non-commercial scales;
Amendment 155 #
2011/2313(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Calls on the Commission, with the cooperation of Parliament, to call for an annual assembly dedicated to developing online audiovisual and cinematographic content in which new models for the creation and promotion of online audiovisual content will be examined;
Amendment 44 #
2011/2294(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on higher education institutions to adapt to new challenges by creating new fields of study that reflect the needs of the labour market, taking into account the development of science and technology by maintaining an appropriate balance between theoretical knowledge and practical skills;
Amendment 64 #
2011/2294(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5.a. Proposes the introduction of clear and uniform criteria for the creation of pan-European rankings of higher education institutions, allowing prospective students to make an informed choice of university and providing comprehensive information about the university;
Amendment 88 #
2011/2294(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls for inclusion in the EU budget for the years 2014-2020 under the European Regional Development Fund and European Social Fund of spending on higher education related to investments in universities infrastructure, and in academic staff;
Amendment 107 #
2011/2294(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Calls on higher education institutions and institutions responsible for the education sector at regional, national and European level to monitor trends in labour market requirements in order to reflect more accurately the future needs of learning opportunities;
Amendment 156 #
2011/2294(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Emphasises the importance of cooperation between higher education institutions and NGOs and the European voluntary sector, in order to promote active citizenship and the involvement of students in active participation through working for the NGO sector;
Amendment 20 #
2011/2181(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that the Financial Fair Play initiative is an example of good corporate governance practice in sport; calls on other sectors and public authorities to further explore these measures with a view to implement some of their basic principles;
Amendment 3 #
2011/2087(INI)
Draft opinion
Recital A
Recital A
A. whereas sport has a very important social and financial impact in the EU, and its regions, where it can greatly contribute to local development of both infrastructure and economy and serve as a major tourist attraction; whereas gambling services are excluded from the scope of the Services Directive (2006/123/EC) and the new Consumer Rights Directive (approved by the European Parliament on 23 June 2011), due to their specificity,
Amendment 19 #
2011/2087(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas promoting physical activity and sport makes for significant savings in terms of public expenditure on health,
Amendment 26 #
2011/2087(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas it is essential to prepare such athletes for their career change by enabling them to receive general education or vocational training alongside their sports training,
Amendment 29 #
2011/2087(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the introduction in the European football of the Financial Fair Play concept as a major step forward in achieving financial stability and preventing unfair competition in sport;
Amendment 35 #
2011/2087(INI)
Motion for a resolution
Recital G
Recital G
G. whereas sport plays an important part in the European economy, as it directly or indirectly employs 15 million people, i.e. 5.4% of the working population, and represents an annual added value of approximately € 407 billion, or 3.65% of Europe’s GDP, and an economically flourishing sports sector thus contributes to achieving the aims of the Europe 2020 strategy,
Amendment 36 #
2011/2087(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the violation of sports organisations’ intellectual property rights and the upsurge in digital piracy, especially the unlicensed live transmission of sports events, puts the economy of the entire sports sector at risk,
Amendment 37 #
2011/2087(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas sport does not function like a typical sector of the economy because of the interdependence between opponents and the competitive balance needed to preserve the uncertainty of results,
Amendment 43 #
2011/2087(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the European model of sport is based on a federation for each sports discipline, and mechanisms for sports and financial solidarity, such as the principle of promotion and relegation and open competitions involving both clubs and national teams, are organised on an autonomous, democratic and territorial basis and in a pyramid structure,
Amendment 52 #
2011/2087(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas EU action in the field of sport should always take the specificity of sport into account respecting its social, educational and cultural aspects,
Amendment 64 #
2011/2087(INI)
Motion for a resolution
Recital N
Recital N
N. whereas professional sport is vulnerable to financial instability, and it is the responsibility of the relevant federations to encourage clubs to adopt a culture of planning and sensible investment,
Amendment 65 #
2011/2087(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
Na. whereas international transfers can be dangerous for young athletes, since sporting failure, family disruption and social marginalisation are some of the consequences that can result when young athletes leave home too early,
Amendment 85 #
2011/2087(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises that the composition of sports organisations’ decision-making bodies must reflect that of their AGMs as well as the gender balance among their licensed players, thus affording men and women equal access to administrative roles;
Amendment 102 #
2011/2087(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recommends that the Commission encourage the practice of sport among senior citizens as it helps to promote social interaction and high rates of good health;
Amendment 136 #
2011/2087(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Takes a positive view of the Member States’, in consultation with the European sports federations, drawing up minimum safety standards for stadiums and taking all appropriate measures to ensure that players and supporters are as safe as possible;
Amendment 168 #
2011/2087(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reiterates the importance of volunteers in sport; is in favour of creating a legal and tax framework that is suitable for the activities of sports associations; is also in favour of sponsorship in sportrecognises the importance of sponsorship in the financing of sport, with respect for the financial fair play principles;
Amendment 184 #
2011/2087(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission and the Member States to recognise the property rights of the organisers of sports competitions with regard to the events they organise;
Amendment 187 #
2011/2087(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls on the Commission and the Member States to protect intellectual property rights in respect of sports content, with due regard for the public’s right to information;
Amendment 193 #
2011/2087(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines the fundamental importance of commercial exploitation of audiovisual rights for sports competitions being carried out on a centralised, exclusive and territorial basis, so as to ensure long-term financial solidarity between elite and mass-participation sport;
Amendment 214 #
2011/2087(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Urges the Commission and the Member States to provide the Union with a specific budget programme in the field of sport, as is now possible under Article 165 TFEU;
Amendment 238 #
2011/2087(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on Member States and sport governing bodies to actively stimulate the social and democratic role of sport fans who support the principles of fair play, by promoting their involvement in the ownership and governance structures at their sports clubs and as important stakeholders in sports governing bodies;
Amendment 251 #
2011/2087(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Asks the European Commission to recognise the legality of measures fostering the promotion of locally trained players; believes that efforts of sports governing bodies to encourage the local training of players and to protect young players and training clubs should go further, thus strengthening the competitive balance within competitions and the healthy development of the European sports model;
Amendment 252 #
2011/2087(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Considers that the development of new talent is one of the core activities of a sports club, and that an over-dependence on the transfer of players can undermine sporting values;
Amendment 270 #
2011/2087(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. Calls on the European Commissions to tackle the opacity of transfers and match-fixing, as announced in its EU anti-corruption strategy, by establishing minimum rules concerning the definition of criminal offences in this field;
Amendment 273 #
2011/2087(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Welcomes the efforts of sports federations to ban the ownership of more than one sports club engaged in the same competition; takes the view that betting operators should be prohibited from holding a controlling stake in a body which organises or participates in competitions, and that bodies which organise or participate in competitions should be prohibited from holding a controlling stake in an operator offering bets on the events they organise or in which they participate;
Amendment 274 #
2011/2087(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Considers that these measures are helping to improve governance, restore long-term financial stability and sustainability of clubs and contribute to financial fairness in European competitions, and therefore asks the European Commission to recognise the compatibility of such rules with EU law;
Amendment 275 #
2011/2087(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Supports measures and systems put in place by sports governing bodies in increasing transparency at all levels of the process of international transfers of players as an example of good governance and integrity in sport;
Amendment 280 #
2011/2087(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Urges Member States to make any form of attack on the integrity of competitions – in particular where such an attack is betting-related, meaning that it involves the intentional and fraudulent manipulation of the result of a competition or of one of its phases of play in order to gain an advantage not based solely on normal sporting practice or the associated uncertainty – a criminal offence;
Amendment 285 #
2011/2087(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Maintains that it is essential to develop instruments designed to foster cooperation between public authorities and sports authorities in relation to cases of sports fraud, and that cooperation with Europol and Eurojust could be envisaged;
Amendment 286 #
2011/2087(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Asks the Commission to support public-private partnerships between sport governing bodies, gambling operators and anti-corruption authorities and assist in the development of effective, preventive and repressive strategies to counter match fixing in relation to gambling activities;
Amendment 295 #
2011/2087(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Commission to submit, by 2012, a proposal aimed at gaining a better understanding of the specific needs of the sports sector and taking practical action to address them, with full regard to the provisions of Article 165 TFEU;
Amendment 6 #
2011/2084(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes the high level of legal uncertainty in the EU online gambling sector, as evidenced by seven preliminary rulat, while the Court of Justice has clarified a number of important legal questions concerning online gambling in the EU, legal uncertainty remaings of the European Court of Justice on gambling since June 2010with regard to a number of other questions, which can only be solved at the political level;
Amendment 8 #
2011/2084(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights that Member States have the right to regulate and control their gambling markets in accordance with European internal market legislation and with their traditions and culture;
Amendment 16 #
2011/2084(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 22 #
2011/2084(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. DeplorNotes the fact that nomore progress hascould have been made on pending infringement cases since 2008 and that no Member State has ever been referred to the European Court of Justice;
Amendment 26 #
2011/2084(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. BWelcomes the presentation of a Green Book by the Commission as a step in the right direction and believes that the lack of action by the Commission is leading to furthern this field is needed to avoid fragmentation of the internal market and denyingto ensure consumers' access to safe and properly regulated online services;
Amendment 27 #
2011/2084(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 28 #
2011/2084(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Welcomes the CEN Workshop Agreement3 as an important ‘building block’ for an EU legal framework; stresses nevertheless that self regulation of the industry is not sufficiently effective and can only be seen as an addition;
Amendment 31 #
2011/2084(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Reaffirms its position that sports bets are a form of commercial use of sporting competitions, and recommends that the European Commission and Member States protect sporting competitions from any unauthorised commercial use, notably by recognition of sports bodies' property rights over the competitions they organise, not only to secure a fair financial return for the benefit of all levels of professional and amateur sport, but also as a means to strengthen the fight against match-fixing;
Amendment 32 #
2011/2084(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Urges Member States to ensure that the fraudulent manipulation of results for financial or other advantage is prohibited by establishing as a criminal offence any threat to the integrity of competitions, including those linked to betting operations;
Amendment 34 #
2011/2084(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Commission to bring forward meaningful legislative proposals to provide a legal framework that will create legal certainty for legitimate European businesses and protect consumers., while respecting subsidiarity in the area of gambling, to study the need for EU measures that could complement regulatory and enforcement measures taken by the Member States come forward legislative proposals as soon as possible;
Amendment 230 #
2011/2084(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that bthe risk of fraud in sports competiting on, in particular,ons – although present since the outset – has been exacerbated since the emergence of the on-line sports betting sector; stresses that this risk is particularly acute in minor-sports competitions may, and therefore represents a risk to the integrity of sport; is therefore of the view that sport fraud and betting fraud should be penalised throughout Europe;
Amendment 239 #
2011/2084(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Reaffirms its position that sports bets are a form of commercial use of sporting competitions, and recommends that the European Commission and Member States protect sporting competitions from any unauthorised commercial use, notably by setting up a system for acquiring betting rights and by recognising sports bodies’ property rights over the competitions they organise, not only to secure a fair financial return for the benefit of all levels of professional and amateur sport, but also as a means to strengthen the fight against sports fraud, particularly match-fixing;
Amendment 248 #
2011/2084(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Calls for instruments to increase cross-border police and judicial cooperation and, at the same time, for a framework for cooperation with organisers of sports competitions to be considered with a view to facilitating the exchange of information between sports disciplinary bodies and state investigation and prosecution agencies, by setting up, for example, dedicated national networks and contact points to deal with cases of match-fixing;
Amendment 14 #
2011/2020(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines the vital contribution of the MEDIA programme to Europe's audiovisual sector and the economic, cultural, educational and social benefits thereof; calls therefore for increased funding to support this fast-growing sector;
Amendment 133 #
2011/0436(APP)
Proposal for a regulation
Recital 10
Recital 10
(10) Special attention should be paid to the balanced integration of citizens and civil society organisations from all Member States into transnational projects and activities, taking into account the multilingual character and cultural diversity of the EU.
Amendment 154 #
2011/0436(APP)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
1. raise awareness on remembrance, the Union's history, cultural heritage, identity and aim by stimulating debate, reflection and networking;
Amendment 44 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – part III – point 1 – paragraph -1 (new)
Annex 1 – part III – point 1 – paragraph -1 (new)
In connection with the provision of support under Horizon 2020 for the social sciences and humanities sector, a separate priority defining the specific scope of that support needs to be established.
Amendment 17 #
2011/0401(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
All the research and innovation activities carried out under Horizon 2020 shall comply with ethical principles and relevant national, Union and international legislation, including the Charter of Fundamental Rights of the European Union and, the European Convention on Human Rights and its Supplementary Protocols, the Declaration of Helsinki on Ethical Principles for Medical Research Involving Human Subjects of the World Medical Association, the Council of Europe Convention of 4 April 1997 for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine, with its additional protocols, and Resolution No 59/280 of the General Assembly of the United Nations of 8 March 2005 on Human Cloning.
Amendment 25 #
2011/0401(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) It is important to emphasise that the mobility of PhD students has a key role to play in Horizon 2020, which, as a complement to the Erasmus for All programme, should support the Bologna Process within the EU and as part of the Neighbourhood Policy.
Amendment 32 #
2011/0401(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) It is important to emphasise that all Horizon 2020 activities should be open to new participants with a view to ensuring there is extensive cooperation with partners throughout the EU and establishing an integrated European Research Area.
Amendment 39 #
2011/0401(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) There is a need to step up cooperation within Horizon 2020 under specific conditions with neighbouring countries, with specific regard to the countries of the Eastern Partnership.
Amendment 52 #
2011/0401(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) Horizon 2020’s priority should be synergies with other EU programmes, such as Erasmus for All and other sources of education funding, with a view to improving the level of complementarity with the EU’s future education programme.
Amendment 346 #
2011/0401(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) To exploit synergies between policies, stairways to excellence instruments should be introduced in both Horizon 2020 and the Cohesion Policy.
Amendment 404 #
2011/0401(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 490 #
2011/0401(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Linkages and interfaces shall be implemented across and within the priorities of Horizon 2020. Particular attention shall be paid in this respect to the development and application of key enabling and industrial technologies, to bridging from discovery to market application, to cross-disciplinary research and innovation, to social and economic sciences and humanities, to fostering the functioning and achievement of the ERA, to widening participation across the Union in research and innovation, to cooperation with third countries, to responsible research and innovation including gender, and to enhancing the attractiveness of the research profession and to facilitating cross-border and cross- sector mobility of researchers.
Amendment 535 #
2011/0401(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Attractiveness of researchers' careers Horizon 2020 shall contribute to the promotion and attractiveness of researchers' careers across Europe. As a result it shall be implemented in a manner to promote the creation of a single market for researchers, in particular by providing for appropriate mechanisms aiming to decrease the disparities in researcher's remuneration under this programme.
Amendment 558 #
2011/0401(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point c
Article 16 – paragraph 3 – point c
(c) research activities intended either to create human embryos solely for the purpose of research or- by means of somatic cell nuclear transfer or by parthenogenesis or any other means - or to destroy human embryos for theany purpose, including that of stem cell procurement, including by means of somatic cell nuclear transfer.; as well as any research activities involving the use of human embryonic stem cells;
Amendment 598 #
2011/0401(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17 a Seal of Excellence Horizon 2020 shall contribute to the identification of centers of excellence, the evaluation of their potential and the improvement of their visibility by providing a seal of excellence.
Amendment 734 #
2011/0401(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The Commission shall annually monitor the implementation of Horizon 2020, its specific programme and the activities of the European Institute of Innovation and Technology. This shall include information on cross-cutting topics such as sustainability and climate change, including information on the amount of climate related expenditure, SME participation and widening participation.
Amendment 768 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – broad lines of the specific objectives and activities – paragraph 5 – introductory part
Annex 1 – broad lines of the specific objectives and activities – paragraph 5 – introductory part
The European Institute of Innovation and Technology (EIT) shall contribute to the general objective and priorities of Horizon 2020 with the specific objective of integrating the knowledge triangle of research, innovation and higher education. The indicators for assessing the performance of the EIT are:
Amendment 776 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – broad lines of the specific objectives and activities – paragraph 7 – point c
Annex 1 – broad lines of the specific objectives and activities – paragraph 7 – point c
(c) Marie Skłodowska-Curie actions shall provide excellent and innovative research training as well as attractive career and knowledge- exchange opportunities through cross- border and cross-sector mobility of researchers to best prepare them to face current and future societal challenges.
Amendment 901 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 3 – introductory part
Annex 1 – Part 1 – point 3 – introductory part
3. Marie Skłodowska-Curie Actions
Amendment 919 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 3 – point 3.2 – paragraph 2
Annex 1 – Part 1 – point 3 – point 3.2 – paragraph 2
The European Marie Skłodowska-Curie actions have made remarkable progress to promote mobility, both transnational and intersectoral, and to open research careers at European and international levels, with excellent employment and working conditions following the European Researchers Charter and Code. There is no equivalent in Member States as far as their scale and scope, funding, international character, generation and transfer of knowledge are concerned. They have strengthened the resources of those institutions able to attract researchers internationally and thereby encouraged the spread of centres of excellence around the Union. They have served as a role model with a pronounced structuring effect by spreading their best practices at national level. The bottom-up approach taken by Marie Skłodowska-Curie actions has also allowed a large majority of those institutions to train and upgrade the skills of a new generation of researchers able to tackle societal challenges.
Amendment 920 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 3 – point 3.2 – paragraph 3
Annex 1 – Part 1 – point 3 – point 3.2 – paragraph 3
Further development of the Marie Skłodowska-Curie actions will make a significant contribution to development of the European Research Area. With their Europe-wide competitive funding structure, Marie Skłodowska-Curie actions will encourage new, creative and innovative types of training such as industrial doctorates, involving education, research and innovation players who will have to compete globally for a reputation of excellence. By providing Union funding for the best research and training programmes following the Principles for Innovative Doctoral Training in Europe, they will also promote wider dissemination and take-up, moving towards more structured doctoral training.
Amendment 922 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 3 – point 3.2 – paragraph 4
Annex 1 – Part 1 – point 3 – point 3.2 – paragraph 4
Marie Skłodowska-Curie grants will also be extended to the temporary mobility of experienced researchers and engineers from public institutions to the private sector or vice versa, thereby encouraging and supporting universities, research centres and businesses to cooperate with one another on a European and international scale. With the aid of their well-established, transparent and fair evaluation system, Marie Skłodowska- Curie actions will identify excellent talents in research and innovation in an international competition which gives prestige and therefore motivation for researchers to advance their career in Europe.
Amendment 923 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 3 – point 3.2 – paragraph 5
Annex 1 – Part 1 – point 3 – point 3.2 – paragraph 5
The societal challenges to be addressed by highly skilled researchers and innovation staff are not just Europe's problem. These are international challenges of colossal complexity and magnitude. The best researchers in Europe and the world need to work together across countries, sectors and disciplines. Marie Skłodowska-Curie actions will play a key role in this respect by supporting staff exchanges that will foster collaborative thinking via the international and intersectoral knowledge- sharing that is so crucial for open innovation.
Amendment 925 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 3 – point 3.2 – paragraph 6
Annex 1 – Part 1 – point 3 – point 3.2 – paragraph 6
Extension of the co-funding mechanism of the Marie Skłodowska-Curie actions will be crucial to expand Europe's pool of talents. The numerical and structural impact of Union action will be increased by leveraging regional, national, international and private funding to create new programmes and to open existing ones to international and intersectoral training, mobility and career development. Such a mechanism will forge stronger links between research and education efforts at national and Union levels.
Amendment 927 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 3 – point 3.2 – paragraph 7
Annex 1 – Part 1 – point 3 – point 3.2 – paragraph 7
All the activities under this challenge will contribute to creating a whole new mindset in Europe that is crucial for creativity and innovation. Marie Skłodowska-Curie funding measures will strengthen pooling of resources in Europe and thereby lead to improvements in coordination and governance of researchers' training, mobility and career development. They will contribute to the policy goals outlined in the Innovation Union, Youth on the Move and the Agenda for New Skills and Jobs and will be vital to turn the European Research Area into reality.
Amendment 939 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 3 – point 3.3 – point d – paragraph 1
Annex 1 – Part 1 – point 3 – point 3.3 – point d – paragraph 1
The goal is, by leveraging additional funds, to increase the numerical and structural impact of Marie Skłodowska-Curie actions and to foster excellence at national level in researchers' training, mobility and career development.
Amendment 944 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 3 – point 3.3 – point e – paragraph 1
Annex 1 – Part 1 – point 3 – point 3.3 – point e – paragraph 1
The goals are to monitor progress, identify gaps in the Marie Skłodowska-Curie Actions and to increase their impact. In this context, indicators shall be developed and data related to researchers' mobility, skills and careers analysed, seeking synergies and close coordination with the policy support actions on researchers, their employers and funders carried out under the specific objective ' Inclusive, innovative and secure societies‘. The activity shall further aim at raising awareness of the importance and attractiveness of a research career and at disseminating research and innovation results emanating from work supported by Marie Skłodowska-Curie actions.
Amendment 969 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 4 – point 4.3 – point a
Annex 1 – Part 1 – point 4 – point 4.3 – point a
The aims shall be to ensure the implementation and operation of the ESFRI and other world-class research infrastructures, including the development of regional partner facilities; integration of and access to national research infrastructures of pan-European and regional interest; and the development, deployment and operation of e- infrastructures.
Amendment 1001 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – paragraph 10
Annex 1 – Part 2 – point 1 – paragraph 10
The approach shall include both agenda- driven activities and more open areas to promote innovative projects and breakthrough solutions. Emphasis shall be on R&D, large-scale pilots and demonstration activities, test beds and living labs, prototyping and product validation in pilot lines. Activities shall be designed to boost industrial competitiveness by stimulating industry, and in particular SMEs, to make more research and innovation investment. Substantial focus will be given to small and medium scale projects.
Amendment 1693 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 6.3 – point 6.3.1 – paragraph 1
Annex 1 – Part 3 – point 6.3 – point 6.3.1 – paragraph 1
The aim is to enhance solidarity as well as social, economic and political inclusion and positive inter-cultural dynamics in Europe and with international partners, through cutting-edge science and interdisciplinarity, technological advances and organisational innovations. Social Science and Humanities research can plays an important leading role here. Research shall support policymakers in designing policies that combat poverty and prevent the development of various forms of divisions, discriminations and inequalities in European societies, such as gender inequalities or digital or innovation divides, and with other world regions. It shall in particular feed into the implementation and the adaptation of the Europe 2020 strategy and the broad external action of the Union. Specific measures shall be taken to unlock excellence in less developed regions, thereby widening participation in Horizon 2020.
Amendment 1700 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 6.3 – point 6.3.1 – paragraph 2 – point a a (new)
Annex 1 – Part 3 – point 6.3 – point 6.3.1 – paragraph 2 – point a a (new)
(a a) reduce the disparities between regions in Europe , and with other world regions
Amendment 1705 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 6.3 – point 6.3.1 – paragraph 2 – point b a (new)
Annex 1 – Part 3 – point 6.3 – point 6.3.1 – paragraph 2 – point b a (new)
(b a) build memory and identity and promote cultural exchange;
Amendment 1710 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 6.3 – point 6.3.2 – paragraph 1
Annex 1 – Part 3 – point 6.3 – point 6.3.2 – paragraph 1
The aim is to foster the development of innovative societies and policies in Europe through the engagement of citizens, enterprises and users in research and innovation and the promotion of coordinated research and innovation policies in the context of globalisation. Creating an innovative society requires solid education for young people, adjusted to the requirements of the modern world. We cannot also ignore the growing need for well lifelong learning, an area covering the whole society. This issue will pose new challenges especially for the institutions of state power, thus keeping systematic educational studies is a prerequisite for the creation of modern development strategies aimed at building of competitive economy of Europe based on knowledge. Particular support will be provided for the development of the ERA and the development of framework conditions for innovation.
Amendment 1715 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 6.3 – point 6.3.2 – paragraph 2 – point -1 (new)
Annex 1 – Part 3 – point 6.3 – point 6.3.2 – paragraph 2 – point -1 (new)
(-1) understand, strengthen and promote social innovation as a multi-disciplinary approach to research;
Amendment 1716 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 6.3 – point 6.3.2 – paragraph 2 – point b
Annex 1 – Part 3 – point 6.3 – point 6.3.2 – paragraph 2 – point b
(b) explore new forms of innovation, includingwith a special emphasis on social innovation and creativity;
Amendment 1753 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 6.3 – point 6.3.3 – paragraph 2 – point e
Annex 1 – Part 3 – point 6.3 – point 6.3.3 – paragraph 2 – point e
(e) ensure privacy and freedom in the Internet and enhance the societal dimension of security.
Amendment 1770 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 5 – point 1 – paragraph 1
Annex 1 – Part 5 – point 1 – paragraph 1
The specific objective is to integrate the knowledge triangle of research, innovation and education and thus to reinforce the Union's innovation capacity and address in particular societal challenges.
Amendment 1787 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 5 – point 3 – paragraph 1
Annex 1 – Part 5 – point 3 – paragraph 1
The EIT shall operate mainly, but not exclusively, via the Knowledge and Innovation Communities (KICs) particularly in areas of societal challenges that are of utmost relevance to Europe's common future. While the KICs have a large degree of autonomy in defining their own strategies and activities, there are a number of innovative features common to all KICs. The EIT will moreover enhance its impact by making the experiences from the KICs available across the Union and by actively fostering a new culture of knowledge sharing.
Amendment 1788 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 5 – point 3 – point a – paragraph 1
Annex 1 – Part 5 – point 3 – point a – paragraph 1
The EIT shall aim to unleash the innovative potential of people and capitalise on their ideas, irrespective of their place in the innovation chain. Thereby, the EIT will also help to address the ‘European paradox’ that excellent existing research is far from being harnessed to the full. In doing so, the EIT shall help to bring ideas to the market. The EIT must ensure open access to all high quality European research communities. Chiefly via its KICs and its focus on fostering entrepreneurial mindsets, it will create new business opportunities in the form of both start-ups and spin-offs but also within existing industry.
Amendment 1802 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 5 – point 3 – point g – paragraph 1
Annex 1 – Part 5 – point 3 – point g – paragraph 1
Via the KICs and their co-location centres – nodes of excellence, brining together higher education, research and business partners in a given geographical location – the EIT will also be linked to regional policy. In particular, it shall ensure a better connection between higher education institutions and regional innovation and growth, in the context of regional and/or national smart specialisation strategies. In doing so, it will contribute to the objectives of the Union's Cohesion Policy.
Amendment 41 #
2011/0387(COD)
Proposal for a decision
Annex – point 1.3 – paragraph 2
Annex – point 1.3 – paragraph 2
The EIT will strongly contribute to the objectives set out in Horizon 2020, in particular by addressing societal challenges in a complementary way to other initiatives in these areas. Within Horizon 2020 , the EIT will be part of the ‘tackling societal challenges’ objective but following the approach of seamless interaction across objectives, it will also contribute to ‘industrial leadership and competitive frameworks’ by stimulating results-driven research and fostering the creation of high growth innovative SMEs. Finally, it will contribute to the creation of an ‘excellent science base’ by fostering mobility across boundaries – of disciplines, sectors and countries – and by embedding entrepreneurship and a risk-taking culture in innovative post-graduates degrees. The EIT must support cross-border and cross- sector cooperation and mobility in research and innovation between academia, research institutes and business. The EIT will create a joint innovation and knowledge sharing platform that will help support areas which are not directly participating in KICs, and, in the longer term, help achieve the priorities of the Horizon 2020 framework programme. A separate priority needs to be established to define the specific scope within which the EIT will operate in the context of cooperation on research and innovation with third countries and international organisations, thus helping to disseminate good community practices. The EIT will thereby significantly contribute to promoting the framework conditions that are needed to realise the innovative potential of EU research and to promote the completion of the European Research Area (ERA).
Amendment 44 #
2011/0387(COD)
Proposal for a decision
Annex – point 1.3 – paragraph 3
Annex – point 1.3 – paragraph 3
Moreover, the EIT brings a fully fledged education dimension to the EU’s research and innovation policy. Via innovative, entrepreneurial education it plays an important bridging role between the research and innovation framework and education policies and programmes and provides the long term commitment needed to deliver sustainable changes in higher education. Particular attention needs to be paid to ensuring that universities and other higher education institutions are adequately funded. This will ensure that there is a level playing field for institutions aspiring to attain the highest European standard. At the same time, support will be maintained for research and education centres that are already recognised as centres of excellence. Notably through new, trans and interdisciplinary EIT-labelled degrees the EIT is leading a collaborative effort towards education for innovation with clear spill over effects on the broader European agenda for the modernisation of higher education institutions thereby promoting the European Higher Education Area.
Amendment 45 #
2011/0387(COD)
Proposal for a decision
Annex – point 1.3 – paragraph 5
Annex – point 1.3 – paragraph 5
Joint Programming Initiatives, a key instrument for addressing fragmentation in research, should provide the nucleus of the pan-European KIC research base. In turn, KICs can speed up and foster the exploitation of excellent public research pooled together by the JPIs, thereby addressing fragmentation in innovation. The Joint Technology Initiatives (JTIs) and the newly established Public and Private Partnerships provide platforms for promotion of large-scale industry-driven research and enhance the development of major technologies. KICs can help catalysinge these major research investments to boost technology transfer and commercialisation and to develop new ventures within existing business via entrepreneurial talent. Through its knowledge triangle approach, the EIT will complement investment of the European Research Council (ERC) on world-class frontier research by addressing the whole innovation chain from ideas to application and exploitation and provide additional opportunitieguarantee the development of the European Research Area, providing new opportunities for researchers in the context of Maria Skłodowska-Curie activities. The EIT will take advantage of Europe’s intellectual capital with a view to acquiring new skills in innovation and exposure to entrepreneurship to ‘Marie Curie’ researchers andhanks to the correlation with the ‘Erasmus for all’ studentsprogramme.
Amendment 289 #
2011/0371(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) There is a need to focus in particular on grassroots sport and volunteering in sport on account of the crucial role that they play in promoting social inclusion, equal opportunities and health-enhancing physical activity.
Amendment 372 #
2011/0370(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory wording
Article 7 – paragraph 1 – introductory wording
1. The Commission shall establish a Facility targeting the cultural and creative sectors and operated within the context of a Union debt instrument for small and medium-sized enterprises. This facility shall have the following priorities:
Amendment 376 #
2011/0370(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. That facility shall have the following priorities:
Amendment 391 #
2011/0370(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) to this end, improveing the capacity of financial institutions to assess cultural and creative projects, including through awareness- raising, technical assistance and networking measures.
Amendment 499 #
2011/0370(COD)
Proposal for a regulation
Article 10 – point a
Article 10 – point a
(a) transnational cooperation measures bringing together operators from different countries to undertake sectoral or cross- sectoral activities, in particular those of a small-scale, innovative and experimental nature;
Amendment 518 #
2011/0370(COD)
Proposal for a regulation
Article 10 – point e
Article 10 – point e
e) special actions aiming to achieve greater visibility for the richness and diversity of European cultures, and stimulate intercultural dialogue and mutual understanding, including festivals, art festivals, European cultural prizes, the European Heritage Label, and the European Capitals of Culture.
Amendment 523 #
2011/0370(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Those measures shall in particular support not-for-profit projects.
Amendment 524 #
2011/0370(COD)
Proposal for a regulation
Chapter IV – Article -11 (new)
Chapter IV – Article -11 (new)
Article -11 Scope of the MEDIA Programme The audiovisual sector is an essential vector for conveying and developing European cultural values and for creating highly skilled jobs for the digital age. Its creativity is a positive factor for competitiveness and appeal with the public. The MEDIA Programme is intended to strengthen the audiovisual sector economically to enable it to play its cultural and creative role more effectively by developing an industry with powerful and diversified content and a valuable and accessible heritage and to add value to national support.
Amendment 525 #
2011/0370(COD)
Proposal for a regulation
Article 11 – title
Article 11 – title
Amendment 527 #
2011/0370(COD)
Proposal for a regulation
Article 11 – paragraph 1 – introductory wording
Article 11 – paragraph 1 – introductory wording
1. The priorio achieve these objectives in the field of reinforcing the sector's capacity shall be the followingand with a view to reinforcing the European audiovisual sector's capacity, the MEDIA Programme shall support:
Amendment 538 #
2011/0370(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point c a (new)
Article 11 – paragraph 1 – point c a (new)
(ca) reducing imbalances in the European audiovisual market.
Amendment 542 #
2011/0370(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point c a (new)
Article 11 – paragraph 2 – point c a (new)
(ca) helping European and international co-production partners to collaborate and to provide support for co-produced audiovisual works;
Amendment 545 #
2011/0370(COD)
Proposal for a regulation
Article 12 – point a
Article 12 – point a
(a) continuing training measures to support the development of a comprehensive offer of new skills acquisition, particularly through the establishment of pan-European training provision enabling those who work in the audiovisual industry to enhance their skills, especially in IT, in the international market, as well as well as knowledge sharing and networking initiatives;
Amendment 549 #
2011/0370(COD)
Proposal for a regulation
Article 12 – point a a (new)
Article 12 – point a a (new)
(aa) subtitling, surtitling, dubbing and audio description of audiovisual works;
Amendment 552 #
2011/0370(COD)
Proposal for a regulation
Article 12 – point b
Article 12 – point b
(b) supportmeasures to support European audiovisual operators to develop European audiovisual works with enhanced cross- border circulation potential, and especially to promote the development of projects for the production of European television programmes and films (fiction, animation and documentaries) as well as interactive works, notably video games for the European and international markets;
Amendment 554 #
2011/0370(COD)
Proposal for a regulation
Article 12 – point c
Article 12 – point c
(c) measures to support the activities aiming atof independent European audiovisual production companies with a view to facilitating European and international co- productions, including television and especially the production of works for television such as series and pilot programmes, as well as supporting international co-production funds;
Amendment 557 #
2011/0370(COD)
Proposal for a regulation
Article 12 – point c
Article 12 – point c
(c) support activities aiming at facilitating European and international co-productions, including television, inter alia by facilitating meetings between interested parties and indirect support for audiovisual co-productions;
Amendment 559 #
2011/0370(COD)
Proposal for a regulation
Article 12 – point d
Article 12 – point d
(d) measures to facilitate access to professional audiovisual trade events and markets and the use of online business tools inside and outside Europeeconomic resources inside and outside Europe, particularly through co-production forums, and to promote European audiovisual projects and works on the European and international film markets;
Amendment 562 #
2011/0370(COD)
Proposal for a regulation
Article 12 – point e
Article 12 – point e
(e) measures to establish systems of support for the distribution of non-national European films on all platformdistribution platforms of all types and for international saleseconomic activities;
Amendment 569 #
2011/0370(COD)
Proposal for a regulation
Article 12 – point f
Article 12 – point f
(f) measures to facilitate circulation of European films worldwide and of international films in Europe on all platforms via projects for cooperation among various interests in the audiovisual sector (festivals, sales agents, distributors and distribution platforms generally);
Amendment 571 #
2011/0370(COD)
Proposal for a regulation
Article 12 – point g
Article 12 – point g
(g) supportmeasures to support the creation of a European cinema owners'’ network screening mostly European films including a significant proportion of non- national European films, includingand to support the integration of digital technologies, particularly by encouraging the digitisation of these operators’ cinemas;
Amendment 577 #
2011/0370(COD)
Proposal for a regulation
Article 12 – point h
Article 12 – point h
(h) measures to support initiatives, including festivals, presenting and promoting a diversity of European audiovisual works;
Amendment 580 #
2011/0370(COD)
Proposal for a regulation
Article 12 – point i
Article 12 – point i
(i) measures to support activities aiming at increasing audiences’ knowledge of and interest ofin European cinema and the European cinematographic heritage, particularly activities to educate film audiences, and especially young audiences;
Amendment 584 #
2011/0370(COD)
Proposal for a regulation
Article 12 – point j
Article 12 – point j
(j) measures to support innovative actions testing new business models and tools in areas likely to be influenced by the introduction and the use of digital technologies.
Amendment 587 #
2011/0370(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) relevant EU policies, in particular those in the fields of education, employment, healthcohesion, training, youth provision, research and innovation, enterprise, tourism, justice and development;
Amendment 636 #
2011/0370(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point a a (new)
Article 14 – paragraph 3 – point a a (new)
(aa) Without prejudice to the requirements set out in point (a), the Member States shall submit to the Commission no later than 30 September 2017 a report on the implementation and impact of the Framework Programme within their territory.
Amendment 641 #
2011/0370(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1 a. The Commission and the EIF shall ensure that information relevant to their tasks is disseminated to the Creative Europe Desks referred to in point (f) of Article 8.
Amendment 651 #
2011/0370(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
In order to implement the programme, the Commission shall adopt annual work programmes by way of implementing acts in accordance with the advisoryexamination procedure referred to in Article 18 (2(1a). The annual work programmes shall set out the objectives pursued, the expected results, the method of implementation and the total amount of the financing plan. They shall also contain a description of the actions to be financed, an indication of the amount allocated to each action and an indicative implementation timetable. For grants they shall include the priorities, the essential evaluation criteria and the maximum rate of co-financing. The Commission shall also adopt the general guidelines for implementation of the Programme in accordance with the advisory procedure referred to in Article 18(2).
Amendment 658 #
2011/0370(COD)
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
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 601 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I – point 1 – introductory part
Annex – Part I – point 1 – introductory part
Helsinki – Tallinn – Riga – Kaunas – Warszawa – Katowice Gdynia – Katowice Katowice – Ostrava – Brno – Wien Katowice – Žilina – Bratislava – Wien Wien – Graz – Klagenfurt – Villach – Udine – Venezia – Bologna – Ravenna Graz – Ljubljana – Koper/Trieste Szczecin/Świnoujście - Poznań/Zielona Góra - Wrocław - Ostrava
Amendment 602 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I – point 1 – introductory part
Annex – Part I – point 1 – introductory part
Helsinki – Tallinn – Riga – Kaunas – Warszawa – Katowice Gdynia – Katowice Katowice – Ostrava – Brno – Wien Katowice – Žilina – Bratislava – Wien Wien – Graz – Klagenfurt – Villach – Udine – Venezia – Bologna – Ravenna Graz – Ljubljana – Koper/Trieste Szczecin/Świnoujście - Poznań - Wrocław - Ostrava
Amendment 712 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I – Point b – row 28 a (new)
Annex – Part I – Point b – row 28 a (new)
Sulechów - Nowa Cross-Border Road works Sól - Hradec Králové
Amendment 12 #
2011/0299(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) On 26 March 2010, the European Council welcomed the Commission's proposal to launch the strategy Europe 2020. One of the three priorities of Europe 2020 is smart growth through the development of an economy based on knowledge and innovation. Investments in telecommunications, notably broadband networks and digital service infrastructures, are a necessary condition for smart but also sustainable and inclusive economic growth of the Union. Europe 2020 will contribute to increasing the competitiveness of SMEs, increasing interoperability and access to interconnections between national systems, and, in the long term, developing a single digital market.
Amendment 54 #
2011/0299(COD)
Proposal for a regulation
Article 2 – point 5 a (new)
Article 2 – point 5 a (new)
(5a) contribute to wider access to culture and national heritage on the internet.
Amendment 55 #
2011/0299(COD)
Proposal for a regulation
Article 2 – point 5 b (new)
Article 2 – point 5 b (new)
(5b) represent, thanks to broadband internet access, important educational tools, particularly in less developed regions.
Amendment 1049 #
2011/0282(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point d
Article 21 – paragraph 1 – point d
(d) investments in the setting-up, improvement or expansion of local basic services for the rural population, including sport, leisure and culture, and the related infrastructure;
Amendment 35 #
2011/0217(COD)
Proposal for a decision
Recital 6 a (new)
Recital 6 a (new)
(6a) Since 1979, when the first direct elections were held, the European Parliament has acted as a direct interface between citizens and the Union. The Members of the European Parliament have played a crucial role in communicating the rights and benefits of Union citizenship and in bringing citizens' concerns to the fore in the formulation of policy.
Amendment 51 #
2011/0217(COD)
Proposal for a decision
Article 2 – paragraph 1
Article 2 – paragraph 1
The general purpose of the European Year shall be to enhance awareness of the rights attached to Union citizenship, in order to help citizens make full use of their right to move and reside freely within the territory of the Member States. In this context, the European Year shall focus, among others, on the opportunities for civic and political participation and access to rights by Union citizens residing in another Member State than their own, by students, workers, consumers, and providers of goods and services across the Union.
Amendment 53 #
2011/0217(COD)
Proposal for a decision
Article 2 – paragraph 2 – indent 1
Article 2 – paragraph 2 – indent 1
– to raise Union citizens' awareness of their right to move and reside freely within the European Union and more generally the rights guaranteed to Union citizens in cross-border situations, including their right to participate in the democratic life of the Union, allowing them to identify and address obstacles to their enjoyment of those rights and accelerating the removal of barriers which hinder the proper functioning of the internal market;
Amendment 54 #
2011/0217(COD)
Proposal for a decision
Article 2 – paragraph 2 – indent 1 a (new)
Article 2 – paragraph 2 – indent 1 a (new)
– to raise Union citizens' awareness of the European Parliament and the scope of its powers in the legislative process, and the directly representative role of locally elected Members of the European Parliament;
Amendment 55 #
2011/0217(COD)
Proposal for a decision
Article 2 – paragraph 2 – indent 1 b (new)
Article 2 – paragraph 2 – indent 1 b (new)
– to raise Union citizens' awareness of direct democracy tools, such as the Citizens' Initiative and public consultations and to encourage their active engagement in the political life of the Union. Public consultations shall be conducted in all official languages and in a proactive manner involving cooperation with civil society organisations so as to significantly increase participation levels;
Amendment 61 #
2011/0217(COD)
Proposal for a decision
Article 3 – paragraph 1 – indent 4 a (new)
Article 3 – paragraph 1 – indent 4 a (new)
– improved use of easily accessible online communication tools by the Union institutions to facilitate inter-active communication with citizens;
Amendment 67 #
2011/0217(COD)
Proposal for a decision
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Public authorities, at all levels of governance, in cooperation with non- governmental organisations, shall organise programmes enabling nationals of other Member States living in their territory to gain the necessary knowledge to participate fully in the social, economic, cultural, and political life of the host Member State.
Amendment 68 #
2011/0217(COD)
Proposal for a decision
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3b. Public authorities shall offer effective help to enable migrant workers to register and satisfy fully, without undue burden, procedural requirements essential to allowing them to participate fully in the economic life of the host Member State. It is crucial that European Citizenship confers tangible rights.
Amendment 45 #
2011/0136(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Creating a legal framework to facilitate the digitisation and dissemination of works for which no authoright holder is identified or, even if identified, is not located, so called orphan works, is a key action of the Digital Agenda for Europe, as set out in the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions – A Digital Agenda for Europe.
Amendment 49 #
2011/0136(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Creating a legal framework to facilitate the digitisation and dissemination of works for which no authorightholder is identified or, even if identified, is not located, so called orphan works, is a key action of the Digital Agenda for Europe, as set out in the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions – A Digital Agenda for Europe.
Amendment 50 #
2011/0136(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The exclusive rights for authoright holders of reproduction and of making available to the public of their works, as harmonised under Directive 2001/29/EC of the European Parliament and Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, require the consent of the authoright holder prior to the digitisation and making available of a work.
Amendment 51 #
2011/0136(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The exclusive rights for authorightholders of reproduction and of making available to the public of their works, as harmonised under Directive 2001/29/EC of the European Parliament and Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, require the consent of the authorightholder prior to the digitisation and making available of a work.
Amendment 62 #
2011/0136(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In particular, a common approach to determine the orphan status and the permitted uses of orphan works is necessary to ensure legal certainty in the internal market with respect to the use of orphan works by libraries, museums, educational establishments, archives, film heritage institutions and public service broadcasting organisations.
Amendment 62 #
2011/0136(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Before a work can be considered an orphan work, a good faith and reasonable diligent search for the authorightholder should be carried out. Member States should be permitted to provide that such a diligent search may be carried out by the organisations referred to in this Directive or by other organisations. In the latter instance, liability in respect of the good faith and reasonable diligent search carried out lies with the organisations referred to in this Directive.
Amendment 65 #
2011/0136(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Orphan works may have several authorightholders or include other works or protected subject matter. This Directive should not affect the rights of known or identified rightholders.
Amendment 67 #
2011/0136(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to avoid duplication of search efforts, a good faith and diligent search should be conducted only in the Member State where the work was first published or broadcast. In some cases, however, such as with regard to coproduction of an audiovisual work, for example, a good faith and diligent search would involve a search in Member States other than the Member State of first publication or broadcast. In order to enable other Member States to ascertain whether the orphan status of a work has been established in another Member State, Member States should ensure that the results of diligent searches carried out in their territories are recorded in a publicly accessible database.
Amendment 69 #
2011/0136(COD)
Proposal for a directive
Recital 16
Recital 16
(16) It is appropriate to provide that authorightholders are entitled to put an end to the orphan status in case they come forward to claim their works and to be remunerated.
Amendment 71 #
2011/0136(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) If a work has been wrongly found to be an orphan work, following a search which was not diligent and reasonable or not carried out in good faith, Member States should provide that the user be held liable, for breach of copyright, in accordance with the relevant national provisions and Union law.
Amendment 72 #
2011/0136(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In order to promote learning and culture, Member States should permit libraries, educational establishments and museums which are publicly accessible, as well as archives, film heritage institutions and public service broadcasting organisations, to make available and reproduce orphan works, provided such use fulfils their public interest missions, notably preservation, restoration and the provision of cultural and educational access to works contained in their collections. Film heritage institutions should, for the purposes of this Directive, cover organisations designated by Member States to collect, catalogue, preserve and restore films forming part of their cultural heritage. For the purposes of this Directive, public-service broadcasting organisations should cover broadcasters with a public-service remit laid down and organised by a Member State.
Amendment 75 #
2011/0136(COD)
Proposal for a directive
Recital 9
Recital 9
(9) For the purposes of this Directive, cinematographic, audio and audiovisual works in the archives of public service broadcasting organisations should be understood as including works commissioned by such organisations for their exclusive exploitation.
Amendment 76 #
2011/0136(COD)
Proposal for a directive
Recital 20
Recital 20
(20) This Directive should be without prejudice to existing arrangements in the Member States’ arrangements concerning the management of rights such as extended collective licences. It should also be without prejudice to the Member States’ arrangements concerning mass-scale digitisation of works, such as those relating to out-of-commerce works.
Amendment 81 #
2011/0136(COD)
Proposal for a directive
Recital 21
Recital 21
Amendment 83 #
2011/0136(COD)
Proposal for a directive
Recital 22
Recital 22
Amendment 96 #
2011/0136(COD)
Proposal for a directive
Recital 16
Recital 16
(16) It is appropriate to provide that authoright holders are entitled to put an end to the orphan status in case they come forward to claim their works.
Amendment 106 #
2011/0136(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. For the purposes of establishing whether a work is an orphan work, the organisations referred to in Article 1(1) shall ensure that a good faith and diligent search is carried out for each work, by consulting the appropriate sources for the category of works in question.
Amendment 112 #
2011/0136(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The sources that are appropriate for each category of works shall be determined by each Member State, in consultationagreement with rightholders and users, and include, the sources listed in the Annex.
Amendment 120 #
2011/0136(COD)
Proposal for a directive
Article 3 – paragraph 3 – subparagraph 1 a (new)
Article 3 – paragraph 3 – subparagraph 1 a (new)
In some cases, a good faith and diligent search will involve a search in Member States other than the Member State of first publication or broadcast.
Amendment 122 #
2011/0136(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States shall ensure that the results of diligent searches carried out in their territories are recorded in a publicly accessible database. The Member States’ databases shall be designed and implemented so as to permit interlinkage with each other on a pan-European level.
Amendment 138 #
2011/0136(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. However, unless otherwise provided in Article 7, tThe organisations referred to in Article 1(1) may not use orphan works in order to achieve aims other than their public interest missions, notably preservation, restoration and the provision of cultural and educational access to works contained in their collections.
Amendment 142 #
2011/0136(COD)
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. Member States shall provide that rightholders which put an end to the orphan status of the work, within the meaning of Article 5, are remunerated for the use that has been made of the work by the organisations referred to in Article 1(1);
Amendment 143 #
2011/0136(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that the organisations referred to in Article 1(1), when using orphan works in accordance with paragraph 1, maintain records of their diligent search and publicly accessible records of use. Those records shall be designed and implemented so as to permit interlinkage with each other on a pan- European level.
Amendment 147 #
2011/0136(COD)
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. In the case of an orphan work where a rightholder has been identified but not located, the name of the rightholder shall be indicated in any use of the work.
Amendment 148 #
2011/0136(COD)
Proposal for a directive
Article 7
Article 7
Authorised uses of orphan works 1. Member States may authorise the organisations referred to in Article 1(1) to use an orphan work for purposes other than those referred to in Article 6(2), provided that: (1) the organisations referred to in Article 1(1) maintain records of their diligent search; (2) the organisations maintain publicly accessible records of their use of orphan works; (3) in the case of an orphan work where a rightholder has been identified but not located, the name of the righholder is indicated in any use of the work; (4) rightholders which put an end to the orphan status of the work, within the meaning of Article 5, are remunerated for the use that has been made of the work by the organisations referred to in Article 1(1); (5) rightholders may claim their remuneration under point (4) within a period fixed by Member States and which shall not be less than five years from the date of the act giving rise to the claim. 2. Member States may chose the means for authorising use within the meaning of paragraph 1 and remain free to decide on the use of any revenues which are unclaimed after the expiry of the period fixed in accordance with paragraph 1(5).rticle 7 deleted
Amendment 161 #
2011/0136(COD)
Proposal for a directive
Article 8 – title
Article 8 – title
Continued application ofmpliance with other legal provisions
Amendment 162 #
2011/0136(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
This Directive shall be without prejudice to the Member States’ arrangements concerning mass-scale digitisation of works, such as those relating to out-of- commerce works.
Amendment 164 #
2011/0136(COD)
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a Management of rights This Directive shall be without prejudice to the Member States’ arrangements concerning the management of rights such as extended collective licences.
Amendment 168 #
2011/0136(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. In the event that a cinematographic or audiovisual work is known to be a co- production, the diligent search must be carried out in each of the Member States where the co-production took place.
Amendment 169 #
2011/0136(COD)
Proposal for a directive
Annex – point 5 – point d a (new)
Annex – point 5 – point d a (new)
(da) Credits and other information appearing on the work's packaging;
Amendment 170 #
2011/0136(COD)
Proposal for a directive
Annex – point 5 – point d b (new)
Annex – point 5 – point d b (new)
(db) Databases/membership lists of all relevant associations or institutions representing the relevant category of rightholder.
Amendment 172 #
2011/0136(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States shall ensure that the results of diligent searches carried out in their territories are recorded in a database which is publicly accessible databasein all Member States.
Amendment 190 #
2011/0136(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. However, unless otherwise provided in Article 7, the organisations referred to in Article 1(1) may not use orphan works in order to achieve aims other than their public interest missions, notably the preservation, and restoration and the provision ofof works contained in their collections and the provision of access to those works for cultural and, educational access to works contained in their collectionnd research purposes.
Amendment 196 #
2011/0136(COD)
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. The uses of orphan works within the framework of this Directive shall fully respect the moral rights of the right holders. In the case of an orphan work where a right holder has been identified but not located, the name of the right holder shall be indicated in any use of the work.
Amendment 198 #
2011/0136(COD)
Proposal for a directive
Article 7 – title
Article 7 – title
Article 7 deleted Authorised uses of orphan works
Amendment 200 #
2011/0136(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory wording
Article 7 – paragraph 1 – introductory wording
Amendment 204 #
2011/0136(COD)
Proposal for a directive
Article 7 – paragraph 1 – point 1
Article 7 – paragraph 1 – point 1
Amendment 206 #
2011/0136(COD)
Proposal for a directive
Article 7 – paragraph 1 – point 2
Article 7 – paragraph 1 – point 2
Amendment 209 #
2011/0136(COD)
Proposal for a directive
Article 7 – paragraph 1 – point 3
Article 7 – paragraph 1 – point 3
Amendment 211 #
2011/0136(COD)
Proposal for a directive
Article 7 – paragraph 1 – point 4
Article 7 – paragraph 1 – point 4
Amendment 214 #
2011/0136(COD)
Proposal for a directive
Article 7 – paragraph 1 – point 5
Article 7 – paragraph 1 – point 5
Amendment 216 #
2011/0136(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 224 #
2011/0136(COD)
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a Preventive measures In coordination with the parties concerned, the Member States shall promote all preventive measures likely to limit the appearance of orphan works and to reduce their number.
Amendment 225 #
2011/0136(COD)
Proposal for a directive
Article 9
Article 9
Amendment 72 #
2010/2307(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the EU institutions, in view of the fact that youth mobility can help to support democratic processes, to establish a framework allowing young people from Eastern Partnership countries to take an active part in the YoM programme, thus providing young people from both EU Member States and Eastern Partnership countries with better learning opportunities;
Amendment 92 #
2010/2307(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission to take urgent action to encourage the mobility of citizens with a view to promote education, employment and recognition of professional qualifications and calls for the establishment of ´a mobility scoreboard´ to measure it;
Amendment 129 #
2010/2307(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the key new actions of the YoM initiative, such as a unique and central mobility website, a mobility card and a European Skills Passport which all upgrade useful and already existing mobility tools. Moreover, calls for an improvement of visibility of all present and future programmes;
Amendment 210 #
2010/2307(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Invites tertiary education institutions to introduce a period of high-quality traineeship into all study programmes in order to enable young people to meet, in advance, the real and practical demands of the working environment, and stresses the need for labour-market recognition of such traineeships;
Amendment 1 #
2010/2306(INI)
Motion for a resolution
Citation 13
Citation 13
– having regard to the Commission Green paper of 27 April 20110 on ‘Unlocking the potential of cultural and creative industries’ (COM(2010)0183),
Amendment 2 #
2010/2306(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
– having regard to the Commission Green paper of 13 July 2011 on the online distribution of audiovisual works in the European Union: opportunities and challenges towards a digital single market (COM(2011)0427),
Amendment 3 #
2010/2306(INI)
Motion for a resolution
Citation 17 b (new)
Citation 17 b (new)
– having regard to the European Parliament resolution of 13 November 2001 on achieving better circulation of European films in the internal market and the candidate countries (2001/2342 (INI)),
Amendment 10 #
2010/2306(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas investments in culture show long-term, non-material, multigenerational results in shaping the European identity,
Amendment 26 #
2010/2306(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas European cinema should strengthen territorial and social integrity,
Amendment 59 #
2010/2306(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States and the EC to financially support the full digitisation in terms of equipment of EU cinemas and to establish European and national programmes to support the transition to digital technologies;
Amendment 64 #
2010/2306(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights that digital cinema should aim at improvesing the quality of picture and sound (when 2K resolution minimum is implemented), allowing more diversified and flexible programming of live events while enabling the use of innovative technologies, such as 3D, that could attract a new and wider public;
Amendment 66 #
2010/2306(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines that it is essential to support and promote EU productions, recognises that the EU contributes significantly to digital creativity and innovation such as 3D;
Amendment 70 #
2010/2306(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that the European shift to digital cinema should aim at creating new opportunities for the distribution of European films, maintaining the diversity of European production and enhancing its accessibility for European citizens;
Amendment 77 #
2010/2306(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recognises that the digitisation of small and independent cinemas has to be achieved as urgently as possible in order to keep these venues open for films, cultural diversity and audiences;
Amendment 86 #
2010/2306(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recognises the threats to the quality of the projected works and the respect of authors’ moral rights caused by metallic screens which create significant luminance differences across the image; taking into account that metallic screens are made for 3D, recommends to avoid screening 2D films on metallic screens in order to respect authors’ moral rights and to preserve the quality experience of the viewers;
Amendment 89 #
2010/2306(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Warns of the current lack of suitable training of projectionists to handle new digital cinema equipment and to adapt them to each specific film so to respect the quality of the projected work;
Amendment 90 #
2010/2306(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Acknowledges that the digitisation of audiovisual production and distribution poses new challenges to Film Heritage Institutions in their activities of collecting, conserving and preserving the European Audiovisual Heritage;
Amendment 98 #
2010/2306(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the importance of standardising 2K and 4K resolution systems, that allow the screening of films in 3D, HDTV and Blu- Ray as well as for Video On Demand (VOD) services;
Amendment 102 #
2010/2306(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recommends Member States adopt legislative measures to ensure that audiovisual works, being a part of national heritage, will be collected by means of compulsory deposit mechanisms, catalogued, preconstructserved and disseminated for cultural, educational and science purposes, whilst respecting copyright;
Amendment 108 #
2010/2306(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Underlines the need to provide the support for cinemas and film libraries that promote and preserve film heritage;
Amendment 110 #
2010/2306(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Recommends Member States to set up or adapt their compulsory deposit mechanisms to digital formats by requesting the deposit of a standard digital master for digital films;
Amendment 126 #
2010/2306(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines that although European Structural Funds are a significant source of financing for digitisation projects and training initiatives, funding should be increased, the waiting times shortened and the applications simplified as part of the new financial perspectives 2014 – 2020;
Amendment 127 #
2010/2306(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Recommends that the financing of digitisation projects by the European Structural Funds include commitments by supported cinemas to screen European films;
Amendment 142 #
2010/2306(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Underlines the role of public-private partnerships as a method for financing the digitisation of cinemas;
Amendment 158 #
2010/2306(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on Member States to develop and promote special programmes and events, for example in the frame of film festivals, to develop the young European citizens’ education and taste for European films;
Amendment 162 #
2010/2306(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Highlights the importance of film education in independent cinemas at all stages of education in order to develop audiences for European films;
Amendment 171 #
2010/2306(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines that new initiatives must be introduced as part of the next generation of the MEDIA programme to improve and promote translation, dubbing, subtitling and surtitling, in order to support independent cinemas dedicated to European films;
Amendment 180 #
2010/2306(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Encourages European institutions to implement preparatory actions and pilot projects aiming at testing new business models that could improve the circulation of European audiovisual works;
Amendment 184 #
2010/2306(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Encourages Member States to focus financial aid on distribution;
Amendment 185 #
2010/2306(INI)
Motion for a resolution
Paragraph 27 c (new)
Paragraph 27 c (new)
27c. Underlines the need to accompany the development of new online exploitations with the implementation, at European level, of fair remuneration for audiovisual authors that is proportional to the revenues generated by these new formats and services;
Amendment 186 #
2010/2306(INI)
Motion for a resolution
Paragraph 27 d (new)
Paragraph 27 d (new)
27d. Notes that digital technologies allow for new automated reporting processes from a variety of platforms which should be used to enhance transparency in the sector and to design new payment mechanisms to audiovisual authors; congratulates the Commission for having introduced the issue of audiovisual authors’ remuneration in its green paper on the online distribution of audiovisual works;
Amendment 191 #
2010/2306(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Supports the activities of cinema networks, such as Europa Cinemas, that promote European film worldwide by financially and operationally helping cinemas, which exhibit a significant number of European films;
Amendment 192 #
2010/2306(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. Acknowledges the importance of supporting independent cinemas dedicated to European films (such as Europa Cinemas members) in order to reinforce their European programming policy and diversity and their competitiveness on the market;
Amendment 195 #
2010/2306(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Highlights that films winning awards at European festivals should be given marketing support to further facilitate international VoD releases and to help promote European cinema;
Amendment 31 #
2010/2304(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to publish guidelines on investing in broadband networks for local and regional authorities as soon as possible in order to promote the full use of EU resources;
Amendment 32 #
2010/2304(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Commission to publish guidelines on the use of funding from public-private partnerships and other financial instruments as soon as possible in order to facilitate the building of broadband networks;
Amendment 33 #
2010/2304(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Emphasises that the development of new information and communications technologies, together with broadband internet, is a great opportunity to further improve communication and dialogue between the citizens and institutions of the European Union.
Amendment 23 #
2010/2303(INI)
Draft opinion
Paragraph 3 h (new)
Paragraph 3 h (new)
3h. Takes the view that chief risk officers should have the same status in a financial institution as the chief financial officer and should be able to report directly to the board; considers that a risk committee should be established at board level to deal with risk issues and monitor correct implementation of the risk strategy throughout the financial institution; calls for the introduction of European standards governing the qualifications of chief risk officers and members of risk committees, with a view to enhancing their status within financial institutions;
Amendment 4 #
2010/2278(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that, although the non- economic rights of persons who have exercised their single market rights are not covered by the Commission’s communication, the promised efforts to improve the existing situation as regards civil status documents would sit well with the Commission’s idea of introducing a European skills passport and a ‘Youth on the Move card’; particularly appreciates the idea of creating European student mobility loans to give more young Europeans, in particular the most disadvantaged among them, the opportunity to experience a period of study, training or job placement in another country, and strongly supports the development of the Commission’s ‘Youth on the Move’ website, which should become a leading source of information for young people looking for self-development opportunities in Europe; considers that the European Institutions can set a good example in this connection by increasing the number and range of traineeships (stages) and abolishing the unpaid stage as discriminatory;
Amendment 1 #
2010/2277(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Given the Council's failure to reach a unanimous decision on the translation arrangement for EU patents, welcomes the request made by several Member States for authorisation for enhanced cooperation in the area of the creation of unitary patent protection, but notes with regret that this will not lead to the prompt creation of an EU patent allowing participating Member States to establish a patent valid in all participating countries; calls on all Member States to join in the enhanced cooperation;
Amendment 12 #
2010/2277(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the need to interconnect the business registries of the 27 Member States via a single access point and for the data concerned to be reliable, kept up to date and provided in a standard format and in all EU official languages. Notes that greater transparency in the internal market could lead to increased cross- border investment; is convinced that better and easier access to information is necessary in order to assist small and medium-sized enterprises, which are a key element in the backbone of the European economy and the main motor for creating jobs, economic growth and social cohesion in Europe, as it helps to lighten the administrative burdens of such enterprises;
Amendment 13 #
2010/2277(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to take the necessary steps to introduce proposals for European statutes for associations, mutual societies and foundations, to propose a feasibility study and an impact assessment for the statutes for associations and mutual societies, and to complete the impact assessment for the statute for foundations in due course;
Amendment 34 #
2010/2245(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Points out that one of the ways of implementing the objectives of the Innovation Union is by harmonising intellectual property rights protection policy and creating a European patent;
Amendment 60 #
2010/2161(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Member States to prepare and implement cultural education programmes at all levels of education so as to improve understanding of the cultural diversity, traditions and history of the EU;
Amendment 61 #
2010/2161(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the Member States to champion the European Heritage Label as a way of promoting the culture of the European Union and shaping a common European awareness;
Amendment 102 #
2010/2161(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Emphasises the internet’s role as a tool for promoting European culture and calls on the Member States to further develop investment in broadband internet throughout the EU;
Amendment 103 #
2010/2161(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Emphasises the importance of Europeana as an innovative tool for people in the EU and in third countries to use to learn about European history and culture;
Amendment 38 #
2010/2159(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Draws attention to the importance of developing and improving educational establishments (after-school facilities) which look after children after preschool classes;
Amendment 18 #
2010/2156(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the Commission’s idea to guarantee copyright holders remuneration and appropriate protection for works containing creative content in the online market;
Amendment 114 #
2010/2028(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and Member States to give a mandate to the European Audiovisual Observatory to monitor the way in which Member States adhere to these standards, bearing in mind the need for media impartiality, and insists that Member States should be held accountable for failing to fulfil these commitments;
Amendment 127 #
2010/2013(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Draws attention to the fact that universities of the third age play an essential role in life-long learning;
Amendment 36 #
2010/0252(COD)
Proposal for a decision
Recital 10
Recital 10
(10) Optimal and efficient spectrum use requires continuous monitoring of developments, and up-to-date transparent information on spectrum use throughout the Union. While Commission Decision 2007/344/EC on harmonised availability of information regarding spectrum use within the Community6 requires Member States to publish information on usage rights, a detailed inventory of existing spectrum use together with an effective review and assessment methodology are necessary in the Union to improve the efficiency of spectrum and radio equipment use, in particular between 300 MHz and 3 GHz. This would help to identify inefficient technologies and usages in both the commercialprivate and public sectors, as well as unused assignments and sharing opportunities, and to evaluate future consumer and business needs.
Amendment 25 #
2010/0074(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) It is necessary to organise efficient publicity campaigns, in order to raise awareness of the European citizens' initiative, to promote civil dialogue and to build a genuine European public space; in this context, communication activities and information campaigns have an important role to play. Therefore, the Commission should consider using the existing programmes which promote mobility and active citizenship.
Amendment 59 #
2010/0074(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
1. Where tThe organiser is a natural person, that person shall be aing committee shall be comprised of members who are citizens of the Union and be of the age, who are old enough to be entitled to vote in the European elections, and who are not currently serving as Members of the European Parliament.
Amendment 102 #
2010/0074(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
The organising committeer shall destroy all statements of support received for a given citizens' initiative and any copies thereof at the latest one month after spubmitting that initiative to the Commission in accordance with Article 10 or 18 months after the date of registration of a proposed citizens' initiative, whichever is the earlierlication of the European Commission's communication in accordance with Article 11(2).
Amendment 110 #
2009/2230(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Draws attention to the need to create an effective and environmentally friendly transport and communication network (sea, land and inland), paying particular attention to links between the Baltic Sea region and other European regions through the Baltic-Adriatic Corridor and the Central European Transport Corridor;
Amendment 56 #
2009/2221(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers it extremely important to adapt the education and training system to the rapidly changing labour market and the demand for new professions; underlines the need, therefore, to carry out studies and research in this regard with a view to making the education system more effective;
Amendment 63 #
2009/2178(INI)
Motion for a resolution
Title after paragraph 7
Title after paragraph 7
European Observatory on Counterfeiting and, Piracy and Data Theft ('the Observatory')
Amendment 110 #
2009/2178(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Draws attention, furthermore, to the growing problem of Internet-based industrial espionage and theft of data constituting industrial property, in particular technical documentation and source code;
Amendment 111 #
2009/2178(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Proposes that the Observatory should carry out a detailed analysis of the problem of data theft and put forward proposals for combating the problem;
Amendment 99 #
2009/2099(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Stresses the importance of voluntary activities which are an important source of knowledge and skills, can play an essential role in education and have substantial value at the labour market;