BETA

2049 Amendments of Jürgen CREUTZMANN

Amendment 3 #

2013/2176(INI)

Draft opinion
Paragraph A
A. Underlines the need for greater integration of Union policies in favour of SMEs as regards innovation, competitiveness, growth, internationalisation, productivity, reducing bureaucracy, the quality of human resources, and social responsibilitentrepreneurship and reducing bureaucracy;
2013/11/06
Committee: ITRE
Amendment 8 #

2013/2176(INI)

Draft opinion
Paragraph A a (new)
Aa. Stresses that free and fair competition in the single market underpinned by common social standards is of crucial importance to boost growth and innovation and thereby increase employment in the Union;
2013/11/06
Committee: ITRE
Amendment 9 #

2013/2176(INI)

Motion for a resolution
Recital A
A. whereas iton average a business start-up in Europe takes between 13 days (UK) and 40 days (Malta) to set up a business in Europand costs up to 20% of average annual per capita income2; __________________ 2 http://data.worldbank.org/indicator/IC.RE G.DURS http://ec.europa.eu/enterprise/pol icies/sme/facts-figures- analysis/performance-review/#h2-2
2013/11/05
Committee: EMPL
Amendment 15 #

2013/2176(INI)

Draft opinion
Paragraph B
B. Welcomes the Programme for the Competitiveness of Enterprises and SMEs (COSME) and the SME and "Fast Track to Innovation" instruments provided for under Horizon 2020; laments the fact, however, that the budget for COSME under the Multiannual Financial Framework (MFF) is limited;
2013/11/06
Committee: ITRE
Amendment 19 #

2013/2176(INI)

Draft opinion
Paragraph C
C. Welcomes in particular the actions provided for under Article 7 of the COSME proposal which are designespecific actions under COSME, which are designed to improve framework conditions for enterprises, particularly SMEs, to facilitate access to finance and markets and to promote entrepreneurship and entrepreneurial culture;
2013/11/06
Committee: ITRE
Amendment 24 #

2013/2176(INI)

Draft opinion
Paragraph C a (new)
Ca. Welcomes the Commission's REFIT initiative to abolish certain EU legislation that has proven to create disproportionate burdens for European enterprises, in particular SMEs;
2013/11/06
Committee: ITRE
Amendment 28 #

2013/2176(INI)

Draft opinion
Paragraph C b (new)
Cb. Calls on the Commission and Member States to be more rigorous in assessing the impact of future and existing regulation on SMEs and competitiveness in general;
2013/11/06
Committee: ITRE
Amendment 29 #

2013/2176(INI)

Motion for a resolution
Subheading 1
2013/11/05
Committee: EMPL
Amendment 29 #

2013/2176(INI)

Draft opinion
Paragraph C c (new)
Cc. Calls for the support of EU mobility programmes for entrepreneurs, such as Erasmus for Young Entrepreneurs, and the integration of entrepreneurship education in national school curricula through exchange of best practices;
2013/11/06
Committee: ITRE
Amendment 30 #

2013/2176(INI)

Motion for a resolution
Paragraph 1
1. Is concerned at the cost, complexity and time involved in establishing a business in some parts of Europe; believes that if the EU is to regain competitiveness, Member States must work to simplify and speed up this process and make it less costly;
2013/11/05
Committee: EMPL
Amendment 32 #

2013/2176(INI)

Draft opinion
Paragraph D
D. Believes that public policy measures play an important role in supporting and stimulating the provision of different support services for SMEs (e.g. businessenabling the provision of and facilitating access to different support services for SMEs (e.g. affordable loans, information and advisory services on public initiatives and legislation, business networks and incubators, clusters, technology transfer offices, coaching, and mentoring services etc.); considers that networking and the exchange of best practice play an important role in this respect;
2013/11/06
Committee: ITRE
Amendment 37 #

2013/2176(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Strongly believes that businesses can create jobs only if the right conditions exist, including access to a qualified workforce, availability of flexible contractual arrangements, and keeping administrative burdens to a minimum; (Moved here from paragraph 15)
2013/11/05
Committee: EMPL
Amendment 37 #

2013/2176(INI)

Draft opinion
Paragraph E
E. Notes that many Member States lack regulatory supportsupport and/or appropriate regulatory framework conditions for young and innovative companies and; stresses the need to reduce fragmentation ofbetter coordinate the different European, national, and regional and local policies and instruments concerning SMEs;
2013/11/06
Committee: ITRE
Amendment 39 #

2013/2176(INI)

Motion for a resolution
Paragraph 3
3. Believes that in order to create a hospitable environment for job creation, Member States must, with support from the EU instituturopean Unions, address the following factors: skillsed workers’ levels of qualification, entrepreneurship, demographics, market access, finance and the labour market, SMEs’ specific needs and better regulation;
2013/11/05
Committee: EMPL
Amendment 47 #

2013/2176(INI)

Motion for a resolution
Subheading 2
Skillsed workers’ levels of qualification
2013/11/05
Committee: EMPL
Amendment 47 #

2013/2176(INI)

Draft opinion
Paragraph F
F. Calls on the Member States to continue taking policy measures which shape culture and educational systems, through the creation ofencouraging partnerships between universities, research institutes and companies, in order to fill the current gap between academia and the market, thereby fostering innovation;
2013/11/06
Committee: ITRE
Amendment 58 #

2013/2176(INI)

Draft opinion
Paragraph G
G. Supports those EU-level initiatives which are helping SMEs access more financial resources, on the grounds that they make it easier for young and innovative companies to access funding and Member State initiatives that make it easier for SMEs, in particular young and innovative ones, to access more financial resources, including incentives for financial intermediaries to provide affordable loans and to invest in equity;
2013/11/06
Committee: ITRE
Amendment 59 #

2013/2176(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Believes Member States must be more responsive to labour market needs, notably by fostering work-based learning and apprenticeships; (Moved here from paragraph 16)
2013/11/05
Committee: EMPL
Amendment 65 #

2013/2176(INI)

Motion for a resolution
Paragraph 6 b (new)
6b. Advocates, in view of the skills shortage, that the European Union and the Member States pursue a more open migration policy, geared in particular to labour market demand;
2013/11/05
Committee: EMPL
Amendment 68 #

2013/2176(INI)

Draft opinion
Paragraph G a (new)
Ga. Underlines that also non–innovative and established SMEs that seek to expand into new markets or to transfer their ownership often need public support in order to secure the necessary financing;
2013/11/06
Committee: ITRE
Amendment 75 #

2013/2176(INI)

Draft opinion
Paragraph H
H. Emphasises the fact that, in addition toat the Digital Single Market its role as a platform for social communication, the internet's role as a platform by which all citizens can launch aof crucial importance for SMEs launching innovative services or innovative product targeted at any other citizen,products and thereby creating jobs, and SMEs, is a core principle of the Digital Single Market.calls for remaining barriers to cross-border trading to be removed as far as possible;
2013/11/06
Committee: ITRE
Amendment 78 #

2013/2176(INI)

Motion for a resolution
Paragraph 9
9. Welcomes schemes such as Erasmus for Young Entrepreneurs that are aimed at helping new entrepreneurs to acquire relevant skills for managing a business, and believes that such programmes should be further promoted in order to help more entrepreneurs develop and create jobs; calls on the Commission and the Member States to take this into account in the implementation of the COSME programme;
2013/11/05
Committee: EMPL
Amendment 84 #

2013/2176(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Calls on Member States to draw up and implement national strategies, based on proven practice, for entrepreneurial education and training: such strategies to include the incorporation into national curricula of entrepreneurial education and training, especially its practical aspects such as school-company projects and compulsory training placements;
2013/11/05
Committee: EMPL
Amendment 90 #

2013/2176(INI)

Motion for a resolution
Subheading 4
Demographics(Does not affect English version.)
2013/11/05
Committee: EMPL
Amendment 97 #

2013/2176(INI)

Motion for a resolution
Paragraph 11
11. Believes that, given the widespread phenomenon of population ageing, Member States should be encouraged to promote the retention of older workers on the labour market by encouraging the extension of working lives, developing flexible labour markets and valuing experience;
2013/11/05
Committee: EMPL
Amendment 108 #

2013/2176(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Calls for the remaining barriers to the cross-border provision of services to be dismantled and for the introduction of a standard VAT form and a European Private Company Statute as means of boosting companies’ growth in the internal market and thus enabling them to create more jobs;
2013/11/05
Committee: EMPL
Amendment 112 #

2013/2176(INI)

Motion for a resolution
Paragraph 12 b (new)
12b. Welcomes the continued funding from COSME for successful schemes such as the Enterprise Europe Network and the China IPR SME Helpdesk as means of supporting SMEs, in particular, in developing new markets; calls on the Commission and Member States to allocate adequate resources to such schemes at the implementation stage, where they bring added value to national measures;
2013/11/05
Committee: EMPL
Amendment 125 #

2013/2176(INI)

Motion for a resolution
Paragraph 14
14. Welcomes initiatives to make it easier for businesses to access EU support via a single portal offering information on the Structural Funds, includHorizon 2020 and COSME; welcomes too the Enterprise Europe Network’s endeavours ing the ESFis field; believes, nonetheless, that more must be done to disseminate information togive existing and potential entrepreneurs through ‘one-stop- shops’clear and comprehensive information about funding opportunities and to encourage financial intermediaries to make greater use of the sources of funding available;
2013/11/05
Committee: EMPL
Amendment 136 #

2013/2176(INI)

Motion for a resolution
Subheading 7
Labour marketdeleted
2013/11/05
Committee: EMPL
Amendment 137 #

2013/2176(INI)

Motion for a resolution
Paragraph 15
15. Strongly believes that businesses can only create jobs if the right conditions exist, including access to a qualified workforce, availability of flexible contractual arrangements, and keeping administrative burdens to a minimum;deleted (Moved to paragraph 2a (new))
2013/11/05
Committee: EMPL
Amendment 149 #

2013/2176(INI)

Motion for a resolution
Paragraph 16
16. Believes Member States must be more responsideleted (Moved to labour market needs, notably by fostering work-based learning and apprenticeships;paragraph 6a (new))
2013/11/05
Committee: EMPL
Amendment 159 #

2013/2176(INI)

Motion for a resolution
Paragraph 17
17. Believes SMEs are among the most innovative businessesthe main drivers of innovation in the EU, playing a crucial role in providing pathways into work;
2013/11/05
Committee: EMPL
Amendment 168 #

2013/2176(INI)

Motion for a resolution
Paragraph 19
19. Notes that the main barriers facing start-ups and affecting the development of high-growth SMEs are difficult access to, and the cost of, finance, burdensome regulation, indirect labour costs, restricted access to export markets, average lax attitude to payment times and skills shortages;
2013/11/05
Committee: EMPL
Amendment 178 #

2013/2176(INI)

Motion for a resolution
Paragraph 20
20. Welcomes the introduction of theby the EU and many Member States of the ‘SME test’ and the Commission’s declared intention to ease the burden on SMEs by introducing regulatory exemptions and less stringent provisions; calls on all the Member States to subject national legislative proposals to an ‘SME test’; believes that mitigating measures must be introduced, e.g. longer implementation time, fewer inspections or lighter paperwork, but without creating a two-tier labour market;
2013/11/05
Committee: EMPL
Amendment 182 #

2013/2176(INI)

Motion for a resolution
Paragraph 22
22. Believes that Member States must be encouraged to share best practice – for example, through the European Network of SME Envoys – on innovative ways to reduce bureaucracy and red tape, particularly for SMEs and micro- enterprises;
2013/11/05
Committee: EMPL
Amendment 191 #

2013/2176(INI)

Motion for a resolution
Paragraph 23
23. Stresses the need for more efficient regulation that can be implemented in a simple manner and can help entrepreneurs operate within the rule of law and benefit from the opportunities and protection afforded by employment and health and safety legislation;
2013/11/05
Committee: EMPL
Amendment 209 #

2013/2176(INI)

Motion for a resolution
Paragraph 26
26. Notes that one response to the top te, according to the findings of the Commission consultation conclusion is that the Working Time Directive is complex and inflexibl the 10 items of regulation generating the most work and expenditure for SMEs, the Working Time Directive and the Posting of Workers Directive are particularly burdensome and in many cases requires SMEs to obtain costly specialised legal assistance; calls on the Commission to produce its detailed impact assessment as a matter of urgencyhoroughly to research the effects of these directives on SMEs, as a matter of urgency, and to produce its findings;
2013/11/05
Committee: EMPL
Amendment 214 #

2013/2176(INI)

Motion for a resolution
Paragraph 27
27. Notes that the Temporary Agency Workers Directive has also been identified as hampering businesses’ ability to work across borders by creating administrative burdens and disproportionate requirements;deleted
2013/11/05
Committee: EMPL
Amendment 234 #

2013/2176(INI)

Motion for a resolution
Paragraph 29
29. Calls on MEPs to make full use of the Impact Assessment and European Added Value Directorate in order to scrutinise the cost of proposalimplications onf draft policylegislation;
2013/11/05
Committee: EMPL
Amendment 241 #

2013/2176(INI)

Motion for a resolution
Paragraph 30
30. Calls on the Commission to address the negative effects in the area of employment and health and safety legislation that the accumulation of legislation has on businesses, particularly with regard to the aspects of lack of knowledge and overall perception of EU legislation, especially in the area of employment and health and safety legislation;
2013/11/05
Committee: EMPL
Amendment 251 #

2013/2176(INI)

Motion for a resolution
Paragraph 31
31. Calls on the Commission, in the context of the REFIT programme, to ensure that all legislation is doing what it was intended to do and to identify areas where there are excessive burdens, inconsistencies or ineffective measures, particularly in the area of affecting employment and social affaimatters;
2013/11/05
Committee: EMPL
Amendment 255 #

2013/2176(INI)

Motion for a resolution
Paragraph 32
32. Calls on the Commission and the Member States to support self- employment, especially among young people, by creating an environment that will encourage entrepreneurs to grow and create new jobs and by promoting entrepreneurship among students and professionals;
2013/11/05
Committee: EMPL
Amendment 262 #

2013/2176(INI)

Motion for a resolution
Paragraph 33
33. Calls on the Commission and the co- legislators to consider the impact on future job creation that the excessively burdensome requirements of the proposed Data Protection Regulation may have on businesses, particularly SMEs, potentially affecting their ability to retain and create jobs;deleted
2013/11/05
Committee: EMPL
Amendment 269 #

2013/2176(INI)

Motion for a resolution
Paragraph 35
35. Calls on the EU to work with Member States and, universities, research establishments and businesses to coordinate and make full use of EU funding sources such as ESF, ERDF, COSME and Horizon 2020, in order to promote an entrepreneurial culture, particularly among young people, and to improve access to financing and to new markets;
2013/11/05
Committee: EMPL
Amendment 5 #

2013/2135(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Calls for a balanced approach towards potential new climate and energy targets, taking into account negative effects on the industrial base and employment in the Union;
2013/10/24
Committee: EMPL
Amendment 16 #

2013/2135(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Recalls the Commission's intention to reverse the declining role of industry in Europe for the 21st century2 ; calls for a coherent approach in the climate and energy policy field that does not undermine industry policy goals and that could thereby impede job creation; __________________ 2 Communication entitled ‘A Stronger European Industry for Growth and Economic Recovery’ (COM(2012)582).
2013/10/24
Committee: EMPL
Amendment 17 #

2013/2135(INI)

Draft opinion
Paragraph 3 b (new)
3 b. Stresses the need to avoid carbon leakage in certain industry sector; Points out the negative impact, job losses in industry could have for general employment as for every 100 jobs created in industry, it is estimated that between 60 and 200 new jobs are created in the rest of the economy3 ; __________________ 3 Staff Working Document annexed to the Communication entitled ‘A Stronger European Industry for Growth and Economic Recovery’ (COM(2012)582).
2013/10/24
Committee: EMPL
Amendment 21 #

2013/2135(INI)

Draft opinion
Paragraph 5
5. Stresses the need to address in the new framework the consequences of the economic crisis aincreasing energy prices for final consumers – households and businesses, in particular against the background of the economic crisis; points out in this regards the affordabilityrole of renergy for final consumers – households and businesses; wable support schemes in price hikes in some Member States and the need to review these;
2013/10/24
Committee: EMPL
Amendment 46 #

2013/2135(INI)

Motion for a resolution
Recital A
A. whereas security of supply, competitiveness and climate objectives areflect the three pillars of sustainability and are therefore of the utmost importance for the EU, are inextricably linked and must be addressed and considered on an equal footing;
2013/11/15
Committee: ENVIITRE
Amendment 240 #

2013/2135(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Points out that alongside the 20/20/20 climate and energy targets, and on an equal footing with them, the European Union has set a 20% target for EU reindustrialisation1 and that the 20/20/20 energy and climate targets must not be an obstacle to the industry target, and therefore calls for proposals from other fields, such as energy, environment and climate policy, to be more consistent with the 20% industry target in order to strengthen European industry sustainably; __________________ 1 Commission communication of 10 October 2012 entitled ‘A Stronger European Industry for Growth and Economic Recovery’ (COM(2012)582).
2013/11/15
Committee: ENVIITRE
Amendment 262 #

2013/2135(INI)

Motion for a resolution
Paragraph 3
3. Calls on the European Council to keep up the progress made at EU level and set ambitious but realistic objectives for the 2030 EU policies that take account of the economic, social, environmental, international and technological contexts, and are based on a bottom-up approach, drawing on recognised scientific findings, rather than only on political prescriptions, and to establish a clear, stable, long-term and cost-effective framework for industries and investors;
2013/11/15
Committee: ENVIITRE
Amendment 776 #

2013/2135(INI)

Motion for a resolution
Paragraph 28 a (new)
28a. Notes with concern the constantly increasing disparities in energy costs between Europe and its international competitors and calls on the Commission to check any future proposal in the field of energy and climate policy for its impact on energy prices and thus on the competitiveness of European industry, particularly energy-intensive industry, to avoid negative effects on growth;
2013/11/18
Committee: ENVIITRE
Amendment 17 #

2013/2093(INI)

Draft opinion
Paragraph 4
4. Calls for increased support for and encouragement of SMEs, in particular innovative SMEones that address new market needs and promote environmentally friendly activities;
2013/09/11
Committee: EMPL
Amendment 18 #

2013/2093(INI)

Motion for a resolution
Paragraph 3
3. Welcomes the Commission's intention to create a permanent Group on Retail Competitiveness, but emphasises the importance of balanced representation, including of both big and small retailers, co-operatives and supplier, consumer, environmental and social interests;
2013/09/11
Committee: IMCO
Amendment 31 #

2013/2093(INI)

Draft opinion
Paragraph 6 a (new)
6a. Stresses the significance of small and medium-sized retailers for the reinvigoration, diversity and liveliness of town and village centres, for the provision of shopping outlets within vicinity for example for the elderly, and for employment in rural areas.
2013/09/11
Committee: EMPL
Amendment 89 #

2013/2093(INI)

Motion for a resolution
Paragraph 20
20. Calls on the Commission to combatenforce current legislation on territorial supply constraints imposed by brand manufacturers as part of action on UTPsuppliers on their customers;
2013/09/11
Committee: IMCO
Amendment 11 #

2013/2043(INI)

Draft opinion
Paragraph 4
4. Is critical of the lack of focus in the Green Paper on the issue of training opportunities and adequate salaries; is also critical of the insufficient involvement of social partnerConsiders it necessary for delivery firms to offer their staff training opportunities in accordance with their needs and remunerate them appropriately; further considers that the social partners could be more involved in some Member States; notes that economic regulation must be accompanied by social regulation, particularly with regard to employment models based on self- employment, temporary employment and part-time employment;
2013/10/11
Committee: EMPL
Amendment 14 #

2013/2043(INI)

Draft opinion
Paragraph 5
5. Is critical ofStresses that the extremely high amount of outsourcing which delivery firms undertake outside the regular postal service and the frequently accompanyingmust not lead to evasion of legal and remuneration requirements with regard to conditions of work and employment;
2013/10/11
Committee: EMPL
Amendment 17 #

2013/2043(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Calls on the Commission, in cooperation with the industry and consumer organisations, to draw up joint delivery service quality indicators, enabling consumers to compare different offers more accurately;
2013/10/14
Committee: IMCO
Amendment 20 #

2013/2043(INI)

Draft opinion
Paragraph 6
6. Expects the Member States to stipulensure adequate a mionimum wage fortoring of parcel service operators and ensure wage cover in all delivery firms and increased monitoring oftheir subcontractors in terms of compliance with the relevant employment-related legal and remuneration requirements; underlines in this context the principle of equal pay for equal work in the same place;
2013/10/11
Committee: EMPL
Amendment 38 #

2013/2043(INI)

Motion for a resolution
Paragraph 10
10. Calls on the Commission to propose the necessary measures to encourage industry to improve interoperability and accelerate the roll-out of streamlined processes aimed at reducing costs, increasing economies of scale for delivery operators, encouraging the grouping of small shipments and hence quantity discounts for small traders, increasing the availability and quality of delivery services, and offering affordable flexible shipping rates to consumers and businesses alike;
2013/10/14
Committee: IMCO
Amendment 46 #

2013/2043(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Commission to encourage delivery opercreate platforms to createfor cooperation and information exchange plbetween delivery operatforms in order to promptly address the existing gaps in the EU delivery market in terms of innovation, flexibility, stock management, transport, collection and return of parcels, while respecting EU competition law, and discuss the possibility of infrastructure sharing by express and postal mail services to their mutual advantage;
2013/10/14
Committee: IMCO
Amendment 59 #

2013/2043(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Observes that complicated provisions concerning Value Added Tax are a significant obstacle to small businesses trading across borders; calls on the Commission to submit the promised proposal on the introduction of a uniform VAT declaration as soon as possible;
2013/10/14
Committee: IMCO
Amendment 60 #

2013/2043(INI)

Motion for a resolution
Paragraph 16 b (new)
16b. Stresses that an optional European contract law for contracts between undertakings and consumers would result in perceptible simplification and encourage more SMEs to send parcels internationally; calls on the Member States to pursue the current negotiations concerning the European Sales Law in a constructive spirit;
2013/10/14
Committee: IMCO
Amendment 6 #

2013/2006(INI)

Motion for a resolution
Citation 18
– having regard to the Commission Working Document of 26 September 20112 entitled ‘Competitiveness of European high-end industries’ (SWD(2013)0286),
2013/08/09
Committee: ITRE
Amendment 55 #

2013/2006(INI)

Motion for a resolution
Paragraph 2
2. Stresses that Europe’s future industrial strength lies in a Renaissance of Industry for a Sustainable Europe (RISE) strategy that pursues technological, business and social innovation towards a third industrial revolution including a low- carbon modernisation offensivwith the aim of strengthening industry as a whole; argues that RISE will create new markets, business models and creative entrepreneurs, new jobs and decent work, bringing an industrial renewal with economic dynamism, confidence and competitiveness; believes that research and development, education, open markets for goods, services and raw materials, an integrated internal market with low regulation, functioning capital markets, modern infrastructure and energy and resource efficiency are key pillars of such a strategy;
2013/08/09
Committee: ITRE
Amendment 107 #

2013/2006(INI)

Motion for a resolution
Paragraph 6
6. Believes that RISE must follow ambitious and realistic industrial targets; notes that the headline 20 % target would necessitate creating 400 000 new industrial jobs per annum; proposes that the 20 % target should be seen as a directional goal aligned with the EU’s 20/20/20 goalswarns that the 20/20/20 goals in the field of energy and climate policy must not stand in the way of the 20% industrial target; calls for proposals from other fields, such as energy, environmental and climate policy, to be more consistent with the 20% industrial target in order to lastingly strengthen European industry;
2013/08/09
Committee: ITRE
Amendment 134 #

2013/2006(INI)

Motion for a resolution
Paragraph 9
9. Applauds the Commission's transversal approach to IP; holds that RISE should follow a horizontal rather than vertical IP concept; believes that sector-specific measures must as a rule be connected to sectoral specialisation promoting high- tech and high-value added strategieshigh-value added strategies with potential to boost growth and employment in Europe;
2013/08/09
Committee: ITRE
Amendment 147 #

2013/2006(INI)

Motion for a resolution
Paragraph 11
11. Holds that RISE must be geared towards kickstarting investment flows in Europe’s southonce again making Europe’s south an attractive and competitive environment for investment to reinvigorate growth, particularly through smart specialisation and the formation of clusters, including transnational clusters;
2013/08/09
Committee: ITRE
Amendment 200 #

2013/2006(INI)

Motion for a resolution
Paragraph 21
21. Welcomes the Commission’s focus on ecodesign; calls on it to set ecodesign specifications for recyclability and resource efficiency; welcomes the proposal to develop and promote new sustainability criteria for construction products and processes;deleted
2013/08/13
Committee: ITRE
Amendment 236 #

2013/2006(INI)

Motion for a resolution
Paragraph 25
25. Welcomes the Commission’s intention to develop a horizontal action plan to boost demand for innovative goods and services; calls on the Commission to use the environmental footprint to set sustainability and efficiency benchmarks for products;deleted
2013/08/13
Committee: ITRE
Amendment 259 #

2013/2006(INI)

Motion for a resolution
Paragraph 28
28. Acknowledges the Commission’s smart regulation drive designed to reduce bureaucratic burdens without undermining the effectiveness of legislation, in particular as regards the needs of SMEs; supports regulatory coherence and improved competitiveness proofing under the impact assessment guidelines, and therefore insists that competitiveness proofing be based on a standard methodology, to be produced by the Commission, so as to ensure that impact assessments are made in a more balanced fashion;
2013/08/13
Committee: ITRE
Amendment 275 #

2013/2006(INI)

Motion for a resolution
Paragraph 29 a (new)
29a. Emphasises that the completion of the digital single market should be an important element of the EU's industrial strategy; stresses that an equivalent regulatory framework should be applied to the online and offline markets in order to ensure fair competition and protect consumers;
2013/08/13
Committee: ITRE
Amendment 281 #

2013/2006(INI)

Motion for a resolution
Paragraph 30 a (new)
30a. Stresses the importance of IPR enforcement in the physical and the digital environments for growth and job creation in the European industries; welcomes, in this regard, the ongoing reform of the EU trademark system, which has the potential to enhance the protection of trademarks online, offline and in the entire internal market;
2013/08/13
Committee: ITRE
Amendment 284 #

2013/2006(INI)

Motion for a resolution
Paragraph 31 a (new)
31a. Calls on the Commission to propose legislation which will enable European companies to manufacture generic and biosimilar medicines in the EU during the Supplementary Protection Certificate (SPC) period, following the expiry of patent protection, in order to prepare for immediate launch after the SPC expiry or to export to countries where no patent or SPC is in place; believes that such provision could help to avoid the outsourcing of production and to foster job creation in the EU, as well as to create a level playing field between European companies and their competitors in third countries;
2013/08/13
Committee: ITRE
Amendment 445 #

2013/2006(INI)

Motion for a resolution
Paragraph 58
58. Welcomes the Resource Efficiency Roadmap; calls on the Commission to include the waste policy goals in the European Semester and National Reform Programmes; calls on the Commission to further develop sectoral benchmarks for resource efficiency, particularly for public procurement purposes; calls on the Commission to promote a 3R strategy (reduce, re-use, recycle); stresses the importance of a global certification scheme for first-treatment recycling of hazardous waste and for WEEE materials; points out that relevant building collection and recycling schemes exist in some Member States;
2013/08/13
Committee: ITRE
Amendment 451 #

2013/2006(INI)

Motion for a resolution
Paragraph 58 a (new)
58a. Notes with concern the constantly rising energy cost differentials between Europe and its international competitors; calls on the Commission to look at any future proposal in the field of energy and climate policy in the light of its effects on energy prices and thus on the competitiveness of European industry, particularly the energy-intensive industries, and to abandon it if it will have an adverse effect on growth;
2013/08/13
Committee: ITRE
Amendment 31 #

2013/0371(COD)

Proposal for a directive
Recital 6
(6) Measures to be taken by Member States may involve the use of economic instruments such as taxes and levies, which have proved particularly effective to reduce the use of plastic carrier bags, as well as marketing restrictions such as bans in derogation of Article 18 of Directive 94/62/EC, subject to the requirements laid down in Articles 34 to 36 of the Treaty on the Functioning of the European Union.
2014/02/21
Committee: ITRE
Amendment 34 #

2013/0371(COD)

Proposal for a directive
Recital 6 a (new)
(6a) Member states should introduce public campaigns to raise consumer awareness of the problems of littering, pollution and inefficient use of fossil resources that single-use plastic carrier bags bring about and of the choices informed consumers have to transport theirs goods, for example with multiple- use and/or bio-based bags, baskets or boxes. Member states may consider using revenues generated from the introduction of taxes, levies or a combination of both, or from savings on waste management and litter collection to finance such campaigns.
2014/02/21
Committee: ITRE
Amendment 37 #

2013/0371(COD)

Proposal for a directive
Recital 6 b (new)
(6b) Member states should introduce ways to enable and/or enhance the reuse and recycling of plastic carrier bags. Bearing in mind that the main problem is plastic carrier bags ending up in landfill or as litter, but that, consisting of mineral oil, they are also valuable raw material for incineration for district heating and electricity generation, the options are reuse, recycling or incineration. Consumers should be made aware of their options.
2014/02/21
Committee: ITRE
Amendment 41 #

2013/0371(COD)

(7a) The revenues and savings referred to above may also be used to stimulate research in the field of plastic materials that are recyclable and at the same time compostable rapidly enough so as to be allowed into modern composting facilities, also bearing in mind that producers of multiple-use or compostable bags should benefit from the changes brought about by this Directive and could thus off-set some of the negative socio-economic impacts.
2014/02/21
Committee: ITRE
Amendment 59 #

2013/0371(COD)

Proposal for a directive
Article 1 – point 2
Directive 94/62/EC
Article 4 – paragraph 1a – subparagraph 2
These measures may include the use of national reduction targets, or economic instruments as well as marketing restrictions in derogation from Article 18 of this Directive.
2014/02/21
Committee: ITRE
Amendment 77 #

2013/0309(COD)

Proposal for a regulation
Recital 56
(56) Contracts are an important means of giving end-users a high level of transparency of information and legal certainty. Providers of electronic communications to the public should give end-users clear and comprehensible information on all essential elements of the contract before the end-user is bound by the contract. The information should be mandatory and not be altered except by subsequent agreement of the end-user and the provider. The Commission and several national regulatory authorities recently found considerable discrepancies between the advertised speed of internet access services and the speed actually available to end-users. Providers of electronic communications to the public should therefore inform end-users, prior to the conclusion of the contract, of the estimated speed and other quality of service parameters which they can realistically deliver at the end- user's main location.
2013/12/06
Committee: IMCO
Amendment 81 #

2013/0309(COD)

Proposal for a regulation
Recital 58
(58) In order to avoid bill shocks, for all post-paid contracts and pre-paid contracts with automatic top-up concluded following the transposition of the changes to Directive 2002/22EC end- users should be able to define maximum financial limits for the charges related to their usage of calls and internet access services. This facility should be available free of charge, with an appropriate notification that can be consulted again subsequently, when the limit is being approached. Upon reaching the maximum limit, end-users should no longer receive or be charged for those services unless they specifically request the continued provision as agreed with the provider.
2013/12/06
Committee: IMCO
Amendment 83 #

2013/0309(COD)

Proposal for a regulation
Recital 59
(59) Experience from Member States and from a recent study commissioned by the Executive Agency for Consumers and Health has shown that long contract periods and automatic or tacit extensions of contracts constitute significant obstacles to changing a provider. It is thus desirable that end-users should be able to terminate, without incurring any costs, a contract six 12 months after its conclusion. In such a case, end-users may be requested to compensate their providers for the residual value of subsidised terminal equipment or for the pro rata temporis value of any other promotions. Contracts which have been tacitly extended should be subject to termination with a one-month notice period.
2013/12/06
Committee: IMCO
Amendment 85 #

2013/0309(COD)

Proposal for a regulation
Recital 61
(61) Bundles comprising electronic communications and other services such as linear broadcasting have become increasingly widespread and are an important element of competition. Where divergent contractual rules on contract termination and switching apply to the different services composing such bundles, end-users are effectively prevented from switching to competitive offers for the entire bundle or parts of it. The provisions of this Regulation regarding contract termination and switching should, therefore, apply to all elements of such a bundle.deleted
2013/12/06
Committee: IMCO
Amendment 105 #

2013/0309(COD)

Proposal for a regulation
Article 1 – paragraph 3 – point e
(e) the harmonisation of rules related to rights of end-users and the promotion of effective competition in retail markets, thereby creating a European consumer space for electronic communications;deleted
2013/12/06
Committee: IMCO
Amendment 115 #

2013/0309(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point 14
(14) 'internet access service' means a publicly available electronic communications service that provides connectivity to the internet, and thereby connectivity between virtually all end points connected to the internet, irrespective of the network technology or devices used;
2013/12/06
Committee: IMCO
Amendment 121 #

2013/0309(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point 15
(15) ‘specialised service’ means an electronic communications service or any other service that provides the capability tousing the Internet Protocol that provides to a determined number of parties optimised access to specific content, applications or services, or a combination thereof, and whosthe technical characteristics of which are controlled from end-to-end or provides the capabilityusing traffic management in order to send or receive data to or from a determined number of parties or endpointsure adequate service characteristics; and that is not marketed or widely used as a substitute for internet access service;
2013/12/06
Committee: IMCO
Amendment 148 #

2013/0309(COD)

Proposal for a regulation
Article 21 – paragraph 3
3. Providers of electronic communications to the public shall not apply tariffs for intra-Union communications terminating in another Member State which are higher, unless objectively justified: (a) as regards fixed communications, than tariffs for domestic long-distance communications; (b) as regards mobile communications, than the euro-tariffs for regulated voice and SMS roaming communications, respectively, established in Regulation (EC) No 531/2012.deleted
2013/12/06
Committee: IMCO
Amendment 165 #

2013/0309(COD)

Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
End-users shall be free, using devices of their choice, to access and distribute information and content, run applications and use services of their choice, irrespective of their origin or destination, via their internet access service.
2013/12/06
Committee: IMCO
Amendment 167 #

2013/0309(COD)

Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
End-users shall be free to enter into agreements on data volumes and speeds with providers of internet access services and, in accordance with any such agreements relative to data volumes, to avail of any offers by providers of internet content, applications and services.deleted
2013/12/06
Committee: IMCO
Amendment 175 #

2013/0309(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
End-users shall also be free to agree with either pProviders of electronic communications to the public or withand providers of content, applications and services on the provision ofshall be free to provide to end-users specialised services with an enhanced quality of service, the provision of which shall not impair in a recurring or continuous manner the general quality of internet access services. National regulatory authorities shall ensure that end-users are free to access these specialised services.
2013/12/06
Committee: IMCO
Amendment 179 #

2013/0309(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
In order to enable the provision of specialised services to end-users, providers of content, applications and services and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity. The provision of specialised services shall not impair in a recurring or continuous manner the general quality of internet access services.deleted
2013/12/06
Committee: IMCO
Amendment 196 #

2013/0309(COD)

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Within the limits of any contractually agreed data volumes or speed, speeds or general quality characteristics for internet access services, providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking, slowing down, degrading or discriminating against specific content, applications or services, or specific classes thereof, except in cases where it is necessary to apply reasonable traffic management measures. Reasonable traffic management measures shall be transparent, non-discriminatory, proportionate and necessary, in particular, to:
2013/12/06
Committee: IMCO
Amendment 199 #

2013/0309(COD)

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point a
(a) implement a legislative provision or a court order, or prevent or impede serious crimes;
2013/12/06
Committee: IMCO
Amendment 205 #

2013/0309(COD)

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point c
(c) prevent the transmission of unsolicited communications to end-users who have given their prior consent to such restrictive measures;
2013/12/06
Committee: IMCO
Amendment 207 #

2013/0309(COD)

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point d
(d) prevent network congestion and minimise the effects of temporary or exceptional network congestion provided that equivalent types of traffic are treated equally.
2013/12/06
Committee: IMCO
Amendment 218 #

2013/0309(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. National regulatory authorities shall closely monitor and ensure the effective ability of end-users to benefit from the freedoms provided for in Article 23 (1) and (2), compliance with Article 23 (5), and the continued availability of non- discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services. They shall, in cooperation with other competent national authorities, also monitor the effects of specialised services on cultural diversity and innovation. National regulatory authorities shall report on an annual basis to the Commission and BEREC on their monitoring and, findings and measures taken.
2013/12/06
Committee: IMCO
Amendment 230 #

2013/0309(COD)

Proposal for a regulation
Article 25
Transparency and publication of 1. Providers of electronic communications to the public shall, save for offers which are individually negotiated, publish transparent, comparable, adequate and up-to-date information on: (a) their name, address and contact information; (b) for each tariff plan the services offered and the relevant quality of service parameters, the applicable prices (for consumers including taxes) and any applicable charges (access, usage, maintenance and any additional charges), as well as costs with respect to terminal equipment; (c) applicable tariffs regarding any number or service subject to particular pricing conditions; (d) the quality of their services, in accordance with implementing acts provided for in paragraph 2; (e) internet access services, where offered, specifying the following: (i) actually available data speed for download and upload in the end-user's Member State of residence, including at peak-hours; (ii) the level of applicable data volume limitations, if any; the prices for increasing the available data volume on an ad hoc or lasting basis; the data speed, and its cost, available after full consumption of the applicable data volume, if limited; and the means for end- users to monitor at any moment the current level of their consumption; (iii) a clear and comprehensible explanation as to how any data volume limitation, the actually available speed and other quality parameters, and the simultaneous use of specialised services with an enhanced quality of service, may practically impact the use of content, applications and services; (iv) information on any procedures put in place by the provider to measure and shape traffic so as to avoid congestion of a network, and on how those procedures could affect service quality and the protection of personal data; (f) measures taken to ensure equivalence in access for disabled end-users, including regularly updated information on details of products and services designed for them; (g) their standard contract terms and conditions, including any minimum contractual period, the conditions for and any charges due on early termination of a contract, the procedures and direct charges related to switching and portability of numbers and other identifiers, and compensation arrangements for delay or abuse of switching; (h) access to emergency services and caller location information for all services offered, any limitations on the provision of emergency services under Article 26 of Directive 2002/22/EC, and any changes thereto; (i) rights as regards universal service, including, where appropriate, the facilities and services mentioned in Annex I to Directive 2002/22/EC. The information shall be published in a clear, comprehensive and easily accessible form in the official language(s) of the Member State where the service is offered, and be updated regularly. The information shall, on request, be supplied to the relevant national regulatory authorities in advance of its publication. Any differentiation in the conditions applied to consumers and other end-users shall be made explicit. 2. The Commission may adopt implementing acts specifying the methods for measuring the speed of internet access services, the quality of service parameters and the methods for measuring them, and the content, form and manner of the information to be published, including possible quality certification mechanisms. The Commission may take into account the parameters, definitions and measurement methods set out in Annex III of the Directive 2002/22/EC .Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33(2). 3. End-users shall have access to independent evaluation tools allowing them to compare the performance of electronic communications network access and services and the cost of alternative usage patterns. To this end Member States shall establish a voluntary certification scheme for interactive websites, guides or similar tools. Certification shall be granted on the basis of objective, transparent and proportionate requirements, in particular independence from any provider of electronic communications to the public, the use of plain language, the provision of complete and up-to-date information, and the operation of an effective complaints handling procedure. Where certified comparison facilities are not available on the market free of charge or at a reasonable price, national regulatory authorities or other competent national authorities shall make such facilities available themselves or through third parties in compliance with the certification requirements. The information published by providers of electronic communications to the public shall be accessible, free of charge, for the purposes of making available comparison facilities. 4. Upon request of the relevant public authorities, providers of electronic communications to the public shall distribute public interest information free of charge to end-users, where appropriate, by the same means as those ordinarily used by them in their communications with end-users. In such a case, that information shall be provided by the relevant public authorities to the providers of electronic communications to the public in a standardised format and may, inter alia, cover the following topics: (a) the most common uses of electronic communications services to engage in unlawful activities or to disseminate harmful content, particularly where it may prejudice respect for the rights and freedoms of others, including infringements of data protection rights, copyright and related rights, and their legal consequences; and (b) the means of protection against risks to personal security and unlawful access to personal data when using electronic communications services.Article 25 deleted information
2013/12/06
Committee: IMCO
Amendment 250 #

2013/0309(COD)

Proposal for a regulation
Article 26
Information requirements for contracts 1. Before a contract on the provision of connection to a public electronic communications network or publicly available electronic communications services becomes binding providers of electronic communications to the public shall provide consumers, and other end- users unless they have explicitly agreed otherwise, at least the following information: (a) the identity, address and contact information of the provider and, if different, the address and contact information for any complaints; (b) the main characteristics of the services provided, including in particular: (i) for each tariff plan the types of services offered, the included volumes of communications and all relevant quality of service parameters, including the time for the initial connection; (ii) whether and in which Member States access to emergency services and caller location information is being provided and any limitations on the provision of emergency services in accordance with Article 26 of Directive 2002/22/EC; (iii) the types of after–sales services, maintenance services and customer support services provided, the conditions and charges for these services, and the means of contacting these services; (iv) any restrictions imposed by the provider on the use of terminal equipment supplied, including information on unlocking the terminal equipment and any charges involved if the contract is terminated before the end of the minimum contract period; (c) details of prices and tariffs (for consumers including taxes and possibly due additional charges) and the means by which up-to-date information on all applicable tariffs and charges are made available; (d) payment methods offered and any cost differences due to the payment method, and available facilities to safeguard bill transparency and monitor the level of consumption ; (e) the duration of the contract and the conditions for renewal and termination, including: (i) any minimum usage or duration required to benefit from promotional terms; (ii) any charges related to switching and portability of numbers and other identifiers, including compensation arrangements for delay or abuse of switching; (iii) any charges due on early termination of the contract, including any cost recovery with respect to terminal equipment (on the basis of customary depreciation methods) and other promotional advantages (on a pro rata temporis basis); (f) any compensation and refund arrangements, including an explicit reference to statutory rights of the end- user, which apply if contracted service quality levels are not met; (g) where an obligation exists in accordance with Article 25 of Directive 2002/22/EC, the end-users' options as to whether or not to include their personal data in a directory, and the data concerned; (h) for disabled end-users, details of products and services designed for them; (i) the means of initiating procedures for the settlement of disputes, including cross-border disputes, in accordance with Article 34 of Directive 2002/22/EC and Article 22 of this Regulation; (j) the type of action that might be taken by the provider in reaction to security or integrity incidents or threats and vulnerabilities. 2. In addition to paragraph 1, providers of electronic communications to the public shall provide end-users, unless otherwise agreed by an end-user who is not a consumer, at least the following information with respect to their internet access services: (a) the level of applicable data volume limitations, if any; the prices for increasing the available data volume on an ad hoc or lasting basis; the data speed, and its cost, available after full consumption of the applicable data volume, if limited; and how end-users can at any moment monitor the current level of their consumption; (b) the actually available data speed for download and upload at the main location of the end-user, including actual speed ranges, speed averages and peak-hour speed, including the potential impact of allowing access to third parties through a radio local area network ; (c) other quality of service parameters;; (d) information on any procedures put in place by the provider to measure and shape traffic so as to avoid congestion of a network, and information on how those procedures could impact on service quality and protection of personal data; (e) a clear and comprehensible explanation as to how any volume limitation, the actually available speed and other quality of service parameters, and the simultaneous use of specialised services with an enhanced quality of service, may practically impact the use of content, applications and services. 3. The information referred to in paragraphs 1 and 2 shall be provided in a clear, comprehensive and easily accessible manner and in an official language of the end-user's Member State of residence, and shall be updated regularly. It shall form an integral part of the contract and shall not be altered unless the contracting parties expressly agree otherwise. The end-user shall receive a copy of the contract in writing. 4. The Commission may adopt implementing acts specifying the details of the information requirements listed in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33(2). 5. The contract shall also include, upon request by the relevant public authorities, any information provided by these authorities for this purpose on the use of electronic communications networks and services to engage in unlawful activities or to disseminate harmful content, and on the means of protection against risks to personal security and unlawful processing of personal data, referred to in Article 25(4) and relevant to the service provided.Article 26 deleted
2013/12/06
Committee: IMCO
Amendment 265 #

2013/0309(COD)

Proposal for a regulation
Article 27
1. Providers of electronic communications to the public shall offer end-users the opportunity to opt, free of charge, for a facility which provides information on the accumulated consumption of different electronic communications services expressed in the currency in which the end-user is billed. Such a facility shall guarantee that, without the end-user's consent, the accumulated expenditure over a specified period of use does not exceed a specified financial limit set by the end-user. 2. Providers of electronic communications to the public shall ensure that an appropriate notification is sent to the end- user when the consumption of services has reached 80% of the financial limit set in accordance with paragraph 1. The notification shall indicate the procedure to be followed to continue the provision of those services, including their cost. The provider shall cease to provide the specified services and to charge the end- user for it if the financial limit would otherwise be exceeded, unless and until the end-user requests the continued or renewed provision of those services. After having reached the financial limit end- users shall continue to be able to receive calls and SMS messages and access free- phone numbers and emergency services by dialling the European emergency number 112 free of charge until the end of the agreed billing period. 3. Providers of electronic communications to the public shall, immediately prior to connecting the call, enable end-users to access easily and without incurring any costs information on applicable tariffs regarding any number or service subject to particular pricing conditions unless the national regulatory authority has granted a prior derogation for reasons of proportionality. Any such information shall be provided in a comparable fashion for all such numbers or services. 4. Providers of electronic communications to the public shall offer end-users the opportunity to opt, free of charge for receiving itemised bills.Article 27 deleted Control of consumption
2013/12/06
Committee: IMCO
Amendment 268 #

2013/0309(COD)

Proposal for a regulation
Article 28
1. Contracts concluded between consumers and providers of electronic communications to the public shall not provide for a minimum duration that exceeds 24 months. Providers of electronic communications to the public shall offer end-users the possibility to conclude a contract with a maximum duration of 12 months. 2. Consumers, and other end-users unless they have otherwise agreed, shall have the right to terminate a contract with a one- month notice period, where six months or more have elapsed since conclusion of the contract. No compensation shall be due other than for the residual value of subsidised equipment bundled with the contract at the moment of the contract conclusion and a pro rata temporis reimbursement for any other promotional advantages marked as such at the moment of the contract conclusion. Any restriction on the usage of terminal equipment on other networks shall be lifted, free of charge, by the provider at the latest upon payment of such compensation. 3. Where the contracts or national law provide for contract periods to be extended tacitly, the provider of electronic communications to the public shall inform the end-user in due time so that the end-user has at least one month to oppose a tacit extension. If the end-user does not oppose, the contract shall be deemed to be a permanent contract which can be terminated by the end-user at any time with a one-month notice period and without incurring any costs. 4. End-users shall have the right to terminate their contract without incurring any costs upon notice of changes in the contractual conditions proposed by the provider of electronic communications to the public unless the proposed changes are exclusively to the benefit of the end- user. Providers shall give end-users adequate notice, not shorter than one month, of any such change, and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions. Paragraph 2 shall apply mutatis mutandis. 5. Any significant and non-temporary discrepancy between the actual performance regarding speed or other quality parameters and the performance indicated by the provider of electronic communications to the public in accordance with Article 26 shall be considered as non-conformity of performance for the purpose of determining the end-user's remedies in accordance with national law. 6. A subscription to additional services provided by the same provider of electronic communications to the public shall not re-start the initial contract period unless the price of the additional service(s) significantly exceeds that of the initial services or the additional services are offered at a special promotional price linked to the renewal of the existing contract. 7. Providers of electronic communications to the public shall apply conditions and procedures for contract termination which do not raise obstacles to or disincentives against changing service provider.Article 28 deleted Contract termination
2013/12/06
Committee: IMCO
Amendment 278 #

2013/0309(COD)

Proposal for a regulation
Article 29
If a bundle of services offered to consumers comprises at least a connection to an electronic communications network or one electronic communications service, Articles 28 and 30 of this Regulation shall apply to all elements of the bundle.Article 29 deleted Bundled offers
2013/12/06
Committee: IMCO
Amendment 280 #

2013/0309(COD)

Proposal for a regulation
Article 30
Switching and portability of numbers 1. All end-users with numbers from a national telephone numbering plan who so request shall have the right to retain their number(s) independently of the provider of electronic communications to the public providing the service in accordance with Part C of Annex I to Directive 2002/22/EC, provided the provider is an electronic communications provider in the Member State to which the national numbering plan relates or is a European electronic communications provider which has notified to the competent regulatory authority of the home Member State the fact that it provides or intends to provide such services in the Member State to which the national numbering plan relates. 2. Pricing between providers of electronic communications to the public related to the provision of number portability shall be cost-oriented, and direct charges to end-users, if any, shall not act as a disincentive for end-users against changing provider. 3. Porting of numbers and their activation shall be carried out within the shortest possible time. For end-users who have concluded an agreement to port a number to a new provider that number shall be activated within one working day from the conclusion of such agreement. Loss of service during the process of porting, if any, shall not exceed one working day. 4. The receiving provider of electronic communications to the public shall lead the switching and porting process. End- users shall receive adequate information on switching before and during the switching process, and also immediately after it is concluded. End-users shall not be switched to another provider against their will. 5. The end-users’ contracts with transferring providers of electronic communications to the public shall be terminated automatically after conclusion of the switch. Transferring providers of electronic communications to the public shall refund any remaining credit to the consumers using pre-paid services. 6. Providers of electronic communications to the public which delay or abuse switching, including by not making available information necessary for porting in a timely manner, shall be obliged to compensate end-users who are exposed to such delay or abuse. 7. In the event that an end-user switching to a new provider of internet access services has an email address provided by the transferring provider, the latter shall, upon request by the end-user, forward to any email address indicated by the end- user, free of charge, all email communications addressed to the end- user’s previous email address for a period of 12 months. This email forwarding service shall include an automatic response message to all email senders alerting them about the end-user's new email address. The end-user shall have the option of requesting that the new email address should not be disclosed in the automatic response message. Following the initial 12-month period, the transferring provider of electronic communications to the public shall give the end-user an option to extend the period for email forwarding, at a charge if required. The transferring provider of electronic communications to the public shall not allocate the end-users’ initial email address to another end-user before a period of two years following contract termination, and in any case during the period for which the email forwarding has been extended. 8. The competent national authorities may establish the global processes of switching and porting, including provision of appropriate sanctions on providers and compensations for end-users. They shall take into account necessary end-user protection throughout the switching process and the need to ensure efficiency of such process.Article 30 deleted
2013/12/06
Committee: IMCO
Amendment 285 #

2013/0309(COD)

Proposal for a regulation
Article 36 – paragraph 1 – point 1 b (new)
Directive 2002/22/EC
Article 20 – paragraph -1 a (new)
(1b) In Article 20, the following paragraph is inserted: “-1a. Member States shall ensure that the information referred to in paragraph 1 is provided in a clear, comprehensive and easily accessible manner and without prejudice to the requirements of the Consumer Rights Directive* regarding off-premises/ distance contracts. The consumer and other end-user so requesting shall receive a copy of the contract on a durable medium.” ___________________ * Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).”
2013/12/06
Committee: IMCO
Amendment 291 #

2013/0309(COD)

Proposal for a regulation
Article 36 – paragraph 1 – point 1 d (new)
Directive 2002/22/EC
Article 20 – paragraph 1 a (new)
(1d) In Article 20, the following paragraph is inserted: “1a. In addition to the information referred to in paragraph 1, if the contract includes the provision of internet access and data services, that contract shall also include the following information: (a) details of unit data pricing plans, pricing plans for bulk data and any applicable thresholds. For data volumes above thresholds, unit or bulk pricing on an ad hoc or lasting basis and any data speed limitations that may be applied; (b) how end-users can monitor the current level of their consumption, and whether and how any voluntary limits can be set; (c) for fixed data links, the estimated available download and upload data speeds at the location of the end-user; (d) for mobile data, the estimated download and upload speeds and speed ranges that can be expected from normal wireless network coverage in the networks subject to the contracts; (e) other quality of service parameters, as defined in Article 24 (2) of Regulation (XXX)*; (f) information on any procedures put in place by the provider to measure and shape traffic including an indication of the underlying communication inspection methods used for reasonable traffic management measures and information on how those procedures could impact on service quality, end-users' privacy and the protection of personal data; and (g) a clear and comprehensible explanation as to how any volume limitation, the available speed ranges and other quality of service parameters, and the simultaneous use of specialised services, may in practice have an impact on the use of content, applications and services. _________________ * Regulation (EU) No XXX/20XX of the European Parliament and of the Commission of ...... laying down measures concerning the European single market for electronic communications and to achieve a Connected Continent, and amending Directives 2002/20/EC, 2002/21/EC and 2002/22/EC and Regulations (EC) No 1211:2009 and (EU) No 531/2012 (OJ L XXX, XX.XX.20XX, p. X).”
2013/12/06
Committee: IMCO
Amendment 294 #

2013/0309(COD)

Proposal for a regulation
Article 36 – paragraph – point 1 f (new)
Directive 2002/22/EC
Article 20 – paragraph 2 a (new)
(1f) In Article 20, the following paragraph is added: “2a. BEREC shall issue guidelines for the establishment of standard contract templates containing the information required by paragraphs 1 and 1a of this Article. All BEREC guidelines for the measurement methods and publication formats of estimated data delivery speeds, as set out in Article 21(3a), shall apply to the contractual information required by paragraph 1a of this Article.”
2013/12/06
Committee: IMCO
Amendment 297 #

2013/0309(COD)

Proposal for a regulation
Recital 74
(74) The Digital Agenda for Europe and Regulation No 531/2012 establish the policy objective that the difference between roaming and domestic tariffs should approach zero. In practical terms, this requires that consumers falling into any of the broad observable categories of domestic consumption, identified by reference to a party's various domestic retail packages, should be in a position to confidently replicate the typical domestic consumption pattern associated with their respective domestic retail packages while periodically travelling within the Union, without additional costs to those incurred in a domestic setting. Such broad categories may be identified from current commercial practice by reference, for example, to the differentiation in domestic retail packages between pre-paid and post- paid customers; GSM-only packages (i.e. voice, SMS); packages adapted for different volumes of consumption; packages for business and consumer use respectively; retail packages with prices per unit consumed and those which provide ‘buckets’ of units (e.g. voice minutes, megabytes of data) for a standard fee, irrespective of actual consumption. The diversity of retail tariff plans and packages available to customers in domestic mobile markets across the Union accommodates varying user demands associated with a competitive market. That flexibility in domestic markets should also be reflected in the intra-Union roaming environment, while bearing in mind that the need of roaming providers for wholesale inputs from independent network operators in different Member States may still justify the imposition of limits by reference to reasonable use if domestic tariffs are applied to such roaming consumption. In particular, usage going beyond normal roaming consumption and arbitrage effects should be prevented as otherwise competitive domestic markets and incentives for infrastructure investment could be negatively impacted.
2013/12/19
Committee: ITRE
Amendment 297 #

2013/0309(COD)

Proposal for a regulation
Article 36 – paragraph 1 – point 1 g (new)
Directive 2002/22/EC
Article 20 a (new)
(1g) The following Article 20a is inserted: "Article 20a Contract duration and termination 1. Member States shall ensure that the maximum duration of contracts concluded between consumers and providers of electronic communications to the public is 24 months. Providers of electronic communications to the public shall offer consumers the possibility of 12 month contracts. 2. Where a contract or national law provides for contract periods to be extended tacitly, the provider of electronic communications to the public shall inform the consumers, and any other end- users so requesting, in due time so that the consumer, and other end-user so requesting, has at least one month to oppose such tacit extension. If the consumer, and any other end-user so requesting, does not oppose such tacit extension, the contract shall be deemed to be a permanent rolling contract which can be terminated by the consumer, and by any other end-user so requesting, at any time with a one-month notice period and without incurring any costs. 3. Member States shall ensure that consumers and other end-users so requesting, have the right to terminate their contract without incurring any costs upon receiving notice of changes not to their advantage in the contractual conditions proposed by the provider of electronic communications to the public. Providers shall give consumers adequate notice, not less than one month, of any such change, and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions. Paragraph 2 shall apply mutatis mutandis. 4. Any significant discrepancy between the actual performance regarding speed or other quality parameters and the quality parameters indicated by the provider of electronic communications to the public in accordance with Article 20 shall be deemed to constitute non- conformity of performance for the purpose of determining the remedies of the consumer, and of any other end-user so requesting, in accordance with national law. 5. Member States shall ensure that a subscription to additional services provided by the same provider of electronic communications to the public shall not re-start the initial contract period unless the price of the additional service(s) exceeds that of the initial services or the additional services are offered at a special promotional price linked to the renewal of the existing contract. 6. Member States shall ensure that providers of electronic communications to the public apply conditions and procedures for contract termination which do not raise obstacles to or disincentives against changing service providers."
2013/12/06
Committee: IMCO
Amendment 299 #

2013/0309(COD)

Proposal for a regulation
Article 36 – paragraph 1 – point 1 i (new)
Directive 2002/22/EC
Article 21 – paragraph 1
(1i) Article 21(1) is replaced by the following: "1. Member States shall ensure that national regulatory authorities are able to oblige undertakings providing public electronic communications networks and/or publicly available electronic communications services to publish transparent, comparable, adequate and up- to-date information on applicable prices and tariffs, on any charges due on termination of a contract and on standard terms and conditions in respect of access to, and use of, services provided by them to end-users and consumers in accordance with Annex II. Such information shall be published in a clear, comprehensive and easily accessible form. National regulatory authorities may specify additional requirements regarding the form, in which such information is to be published." lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2002L0022:20091219:EN:PDF), which may in particular include the introduction of language requirements so as to ensure that such information is easily understood by the consumer." Or. en (http://eur-
2013/12/06
Committee: IMCO
Amendment 302 #

2013/0309(COD)

Proposal for a regulation
Article 36 – paragraph 1 – point 1 k (new)
Directive 2002/22/EC
Article 21 – paragraph 3
(1k) Article 21(3) is replaced by the following: “3. Member States shall ensure that national regulatory authorities are able to oblige undertakings providing public electronic communications networks and/or publicly available electronic communications services to inter alia: (a) provide applicable tariff information to subscribers regarding any number or service subject to particular pricing conditions; with respect to individual categories of services, national regulatory authorities may require such information to be provided immediately prior to connecting the call; (b) inform subscribers ofprovide end-users with information on access to emergency services anyd change to access to emergency services or caller location information in the service to which they have subscribed; (c) inform subscribers of any change to conditions limiting access to and/or use of servicesaller location for all relevant services offered, any limitations on the provision of emergency services under Article 26, and any changes thereto; (d) information on any procedures put in place by the provider to measure and shape traffic on how those procedures could impact on service quality; (da) provide information on internet access services, where offered, specifying the following: (i) for fixed data links, the estimated available download and upload data speeds in the end-user's Member State of residence, and for mobile data, the average estimated download and upload speeds and speed ranges that can be expected from normal wireless network coverage in the networks subject to the consumer's contract; (ii) details of unit data pricing plans, pricing plans for bulk data and any applications, where such conditions are permitted under national law in accordance with Community law; (d) provide information on any procedures put in place by the provider to measure and shape traffic so as to avoid filling or overfilling a network link, and on how those procedures could impact on service quality; (e) inform subscribersble thresholds. For data volumes above thresholds: unit or bulk pricing on an ad hoc or lasting basis and any data speed limitations that may be applied; (iii) how end-users can monitor the current level of their consumption; (iv) a clear and comprehensible explanation as to how any data volume limitation, the actually available speed and other quality parameters, and the simultaneous use of specialised services, may in practice have an impact on the use of content, applications and services; (v) information on any procedures put in place by the provider to measure and shape traffic including an indication of the underlying communication inspection methods used for reasonable traffic management measures and information on how those procedures could impact on service quality, end-users' privacy and the protection of personal data; (e) inform consumers, and end-users where applicable, of their right to determine whether or not to include their personal data in a directory, and of the types of data concerned, in accordance with Article 12 of Directive 2002/58/EC (Directive on privacy and electronic communications); and (f) regularly inform disabled subscribersconsumers, and end-users, where applicable, of details of products and services designed for them. and the measures taken to ensure equivalence in access; If deemed appropriate, national regulatory authorities may promote self- or co- regulatory measures prior to imposing any obligation.” lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2002L0022:20091219:EN:PDF)Or. en (http://eur-
2013/12/06
Committee: IMCO
Amendment 304 #

2013/0309(COD)

Proposal for a regulation
Recital 75
(75) While it is in the first place for roaming providers to assess themselves the reasonable character of the volumes of roaming voice calls, SMS and data to be covered at domestic rates under their various retail packages, national regulatory authorities should supervise the application by roaming providers of such reasonable use limits and ensure that they are specifically defined by reference to detailed quantified information in the contracts in terms which are clear and transparent to customers. In so doing, national regulatory authorities should take utmost account of relevant guidance from BEREC. In its guidance, BEREC should, following consultation of all relevant stakeholders, identify various usage patterns substantiated by the underlying voice, data and SMS usage trends at the Union level, and the evolution of expectations as regards in particular wireless data consumption.
2013/12/19
Committee: ITRE
Amendment 306 #

2013/0309(COD)

Proposal for a regulation
Article 36 – paragraph 1 – point 1 l (new)
Directive 2002/22/EC
Article 21 a (new)
(1l) The following Article is inserted: “Article 21a Control of consumption 1. Member States shall ensure that providers of electronic communications offer consumers and end-users the facility to monitor and control their usage of post- paid electronic communications services billed based on time or volume consumption and prepaid electronic communication services with automatic top-up. These facilities must include: (a) access to timely information on their service consumption; (b) for all contracts concluded or renewed following (OJ introduce date of transposition) the ability to set a financial cap on their usage, to request notification when an agreed proportion of their cap has been reached, the procedure to be followed to continue usage if the cap is exceeded, and the applicable pricing plans; (c) itemised bills on a durable medium. 2. BEREC shall lay down guidelines for the implementation of paragraph 1, and indicate whether any cost-related charges are justified or not.”
2013/12/06
Committee: IMCO
Amendment 309 #

2013/0309(COD)

Proposal for a regulation
Article 36 – paragraph 1 – point 2 Directive 2002/22/EC
(2) Articles 20, 21, 22 and 30 are deleted.
2013/12/06
Committee: IMCO
Amendment 311 #

2013/0309(COD)

Proposal for a regulation
Article 36 – paragraph 1 – point 2 a (new)
Directive 2002/22/EC
Article 26
(2a) Article 26 is amended as follows: "1. Member States shall ensure that all end- users of the service referred to in paragraph 2, including users of public pay telephones and users of private telecommunications networks, are able to call the emergency services free of charge and without having to use any means of payment, by using the single European emergency call number "'112"' and any national emergency call number specified by Member States. 2. Member States, in consultation with national regulatory authorities, emergency services and providers, shall ensure that undertakings providing end users with an electronic communications service for originating national calls to a number or numbers in a national telephone numbering plan provide access to emergency services. End-users shall also be able to access "112" directly when calling from a private telecommunications network. 3. Member States shall ensure that calls to the single European emergency call number "112" are appropriately answered and handled in the manner best suited to the national organisation of emergency systems. Such calls shall be answered and handled at least as expeditiously and effectively as calls to the national emergency number or numbers, where these continue to be in use. The Commission, in consultation with national regulatory authorities and emergency services, shall adopt a recommendation on performance indicators for Member States. The Commission shall bi-annually publish a report on the effectiveness of the implementation of "112" and on the functioning of the performance indicators. The first such report shall be provided to the European Parliament and the Council by the end of 2015. 4. Member States shall ensure that access for disabled end users to emergency services is equivalent to that enjoyed by other end users. Measures taken to ensure that disabled end-users are able to access emergency services whilst travelling in other Member States shall be based to the greatest extent possible on European standards or specifications published in accordance with the provisions of Article 17 of Directive 2002/21/EC (Framework Directive), and they shall not prevent Member States from adopting additional requirements in order to pursue the objectives set out in this Article. 5. Member States shall ensure that undertakings concerned make caller location information available free of charge to the authority handling emergency calls as soon as the call reaches that authority. This shall apply to all calls to the single European emergency call number "112", including calls from private telecommunications networks and roaming calls. Member States may extend this obligation to cover calls to national emergency numbers. Competent regulatory authorities shall lay downThe Commission may adopt by means of an implementing act criteria for the accuracy and reliability of the location information provided. 6. Member States to emergency services by the end of 2015. 6. Member States and the Commission shall ensure that citizens are adequately informed about the existence and use of the single European emergency call number "112", in particular through initiatives specifically targeting persons travelling between Member States. The Commission shall support and complement Member States' action. 7. In order to ensure the effective access to "112" services in the Member States, the Commission, having consulted BEREC, may adopt technical implementing measures. However, these technical implementing measures shall be adopted without prejudice to, and shall have no impact on, the organisation of emergency services, which remains of the exclusive competence of Member States." lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2002L0022:20091219:EN:PDF)Or. en (http://eur-
2013/12/06
Committee: IMCO
Amendment 321 #

2013/0309(COD)

Proposal for a regulation
Article 36 – paragraph 2 f (new)
Directive 2002/22/EC
Article 30 – paragraph 4
(2f) Article 30(4) is replaced by the following: "4. Porting of numbers and their subsequent activation shall be carried out within the shortest possible time. In any case, subscribFor end- users who have concluded an agreement to port a number to a new undertaking shall have that numprovider that number shall ber activated within one working day. Without prejudice to the first subparagraph, competent national authorities may establish the global process of switching and porting of numbers, taking into account national provisions on contracts, technical feasibility and the need to maintain continuity of service to the subscriber. In any event, loss of service during the process of porting shall not exceed one working day. Competent national authorities shall also take into account, where necessary, measures ensuring that subscribers are protected throughout the switching process and are notBEREC guidelines. They shall take into account necessary end-user protection throughout the switching process and the need to ensure the efficiency of such a process. In any event, loss of service during the process of porting shall not exceed one working day. End-users shall not be switched to another provider against their will. Member States shall ensure that appropriate sanctions on undertakings are provided for, including an obligation to compensate subscribers in case of delay in porting or abuse of porting by them or on their behalf." lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2002L0022:20091219:EN:PDF)Or. en (http://eur-
2013/12/06
Committee: IMCO
Amendment 352 #

2013/0309(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point 14
(14) 'internet access service' means a publicly available electronic communications service that provides connectivity to the internet, and thereby connectivity between virtually all end points connected to the internet, irrespective of the network technology or devices used;
2013/12/19
Committee: ITRE
Amendment 359 #

2013/0309(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point 15
(15) 'specialised service' means an electronic communications service or any other service that provides the capability tousing the Internet Protocol that provides to a determined number of parties optimised access to specific content, applications or services, or a combination thereof, and whosthe technical characteristics of which are controlled from end-to-end or provides the capabilityusing traffic management in order to send or receive data to or from a determined number of parties or endpointsure adequate service characteristics; and that is not marketed or widely used as a substitute for internet access service;
2013/12/19
Committee: ITRE
Amendment 574 #

2013/0309(COD)

Proposal for a regulation
Article 21 – paragraph 3
3. Providers of electronic communications to the public shall not apply tariffs for intra-Union communications terminating in another Member State which are higher, unless objectively justified: (a) as regards fixed communications, than tariffs for domestic long-distance communications; (b) as regards mobile communications, than the euro-tariffs for regulated voice and SMS roaming communications, respectively, established in Regulation (EC) No 531/2012.deleted
2013/12/19
Committee: ITRE
Amendment 586 #

2013/0309(COD)

Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
End-users shall be free, using devices of their choice, to access and distribute information and content, run applications and use services of their choice, irrespective of their origin or destination, via their internet access service.
2013/12/19
Committee: ITRE
Amendment 589 #

2013/0309(COD)

Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
End-users shall be free to enter into agreements on data volumes and speeds with providers of internet access services and, in accordance with any such agreements relative to data volumes, to avail of any offers by providers of internet content, applications and services.deleted
2013/12/19
Committee: ITRE
Amendment 602 #

2013/0309(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
End-users shall also be free to agree with either pProviders of electronic communications to the public or withand providers of content, applications and services on the provision ofshall be free to provide to end-user specialised services with an enhanced quality of service, the provision of which shall not impair in a recurring or continuous manner the general quality of internet access services. National regulatory authorities shall ensure that end-users are free to access these specialised services.
2013/12/19
Committee: ITRE
Amendment 609 #

2013/0309(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
In order to enable the provision of specialised services to end-users, providers of content, applications and services and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity. The provision of specialised services shall not impair in a recurring or continuous manner the general quality of internet access services.deleted
2013/12/19
Committee: ITRE
Amendment 641 #

2013/0309(COD)

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Within the limits of any contractually agreed data volumes or speed, speeds or general quality characteristics for internet access services, providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking, slowing down, degrading or discriminating against specific content, applications or services, or specific classes thereof, except in cases where it is necessary to apply reasonable traffic management measures. Reasonable traffic management measures shall be transparent, non-discriminatory, proportionate and necessary, in particular, to:
2013/12/19
Committee: ITRE
Amendment 649 #

2013/0309(COD)

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point a
(a) implement a legislative provision or a court order, or prevent or impede serious crimes;
2013/12/19
Committee: ITRE
Amendment 661 #

2013/0309(COD)

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point c
(c) prevent the transmission of unsolicited communications to end-users who have given their prior consent to such restrictive measures;
2013/12/19
Committee: ITRE
Amendment 673 #

2013/0309(COD)

Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point d
(d) prevent network congestion and minimise the effects of temporary or exceptional network congestion provided that equivalent types of traffic are treated equally.
2013/12/19
Committee: ITRE
Amendment 765 #

2013/0309(COD)

Proposal for a regulation
Article 37 – point 3
This Article shall not apply to roaming providers that provide regulated retail roaming services in accordance with Article 4auntil 30 June 2016.
2013/12/19
Committee: ITRE
Amendment 774 #

2013/0309(COD)

Proposal for a regulation
Article 37 – point 3 a (new)
Regulation (EU) No 531/2012
Article 5
(3a) In Article 5, the following paragraph 7 is added: 7. This Article shall apply until 30 June 2016.
2013/12/19
Committee: ITRE
Amendment 784 #

2013/0309(COD)

Proposal for a regulation
Article 37 – point 4 a (new)
Regulation (EU) No 531/2012
Article 6 a (new)
(6a) the following Article is inserted Abolition of retail roaming surcharges 1. With effect from 1 July 2016, roaming providers shall not levy any surcharge in comparison to the charges for mobile communications services at domestic level on roaming customers for any regulated roaming call made or received, for any regulated roaming SMS message sent or for any regulated data roaming services used, without prejudice to measures taken to prevent anomalous or fraudulent usage.' 2. Paragraph 1 shall not preclude the limitation by a roaming provider of consumption of regulated retail roaming services at the applicable domestic service rate by reference to a reasonable use criterion. Roaming providers shall publish and include in its contracts detailed quantified information on how the reasonable use criterion is applied, by reference to the main pricing, volume or other parameters of the retail package in question. 3. By 31 December 2016, BEREC shall, after consulting stakeholders, assess risks of abuse and arbitrage between regulated roaming services at domestic price levels and domestic services in the host state and lay down general guidelines for the application of reasonable use criteria in the retail contracts provided by roaming providers. The competent national regulatory authority shall monitor and supervise the application of reasonable use criteria, taking utmost account of the BEREC general guidelines once they are adopted.
2013/12/19
Committee: ITRE
Amendment 42 #

2013/0237(NLE)

Proposal for a regulation
Annex – paragraph 1 – point 2
Regulation (EC) No 219/2007
Annex – Article 6 – paragraph 1
1. Members of the Joint Undertaking or of the Administrative Board and Joint Undertaking staff are not allowed to participate inUpon a proposal from the Executive Director, the Administrative Board shall adopt rules for the prevention and management of conflicts of interest. 1a. The rules referred to in paragraph 1 shall as a minimum: (a) lay down a requirement for members of the Administrative Board, the Executive Director, members of the Joint Undertaking and Joint Undertaking staff to make a declaration of commitments and declare the absence or presence of any interest which might be considered prejudicial to their independence; (b) require the prepdeclaration, evaluation or the award procedure of financial support from the Joint Undertaking, in particular following calls for tender or calls for proposals if they own, represent or have agreements with bodies which are potential candidates or applicants. s referred to in point (a) to be accurate and complete, to be made in writing on entry into service of the persons concerned and renewed in the event of a change in their personal circumstances; (c) include clear and objective criteria for assessment of the declarations made pursuant to point (a), ensure consistent application of those criteria and make provision for any such declaration to be verified should any concerns be raised in relation thereto; (d) include a procedure for ensuring that any individual that owns or has partnership agreements with bodies who are potential candidates for calls for public tender or represent such bodies or another potential conflict of interest has been identified does not take part in the preparation, evaluation or the awarding procedures of calls for public tender; (f) offer voluntary training on conflicts of interest for the Executive Director, all staff of the Joint Undertaking and the members of the Administrative Board.
2013/12/05
Committee: ITRE
Amendment 26 #

2013/0232(COD)

Proposal for a decision
Article 2 – point 2
(2) ‘research performing SME’ is an SME which reinvests at least 10% of its turnover to research and development activities or dedicates at least 10% full-time equivalents to research and development activities or either has at least 5 full-time equivalents (for SME with no more than 100 full-time equivalents) or 10 full-time equivalents (for SME with over 100 full-time equivalents) dedicated to research and development activities.
2013/12/06
Committee: ITRE
Amendment 40 #

2013/0232(COD)

Proposal for a decision
Article 6 – paragraph 1 - pint a a (new)
(aa) the proof by the participating States represented by the EUREKA Secretariat that the programme is set up in accordance with the bottom-up approach of Eurostars 2.
2013/12/06
Committee: ITRE
Amendment 35 #

2013/0213(COD)

Proposal for a directive
Recital 6
(6) The Commission should apply the relevant provisions of Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation3 to request the relevant European standardisation organisation to draft a European standard for the semantic data model of the core electronic invoice. In its request to the relevant European standardisation organisation, the Commission should require that such European standard is technologically neutral, in order to avoid any distortion of competition. Since electronic invoices may contain personal data, the Commission should also require that such European standard guarantees personal data protection in accordance with Directive 95/46/EC of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data4. In addition to these minimum requirements, the Commission should determine, in its request to the relevant European standardisation org and the principles of data protection by design, proportionality and data minimisation. In addition, small and medium-sized enterprises as well as smaller contracting authorities and contracting entities, which have only limited staff and financial resources, should be able to apply the standard without incurring excessive costs. Furthermore, the standard should also be suitable for use in commercial tranisaction, further requirements as to the content of such European standard and a deadline for its adoption. __________________ 3 4 s between private companies, in order to avoid additional costs. Finally, the standard should be compatible with relevant international standards in order to prevent suppliers from third countries encountering technical market access barriers. __________________ 3 OJ L 316, 14.11.2012, p. 12. OJ L 316, 14.11.2012, p. 12. 4 OJ L 281, 23.11.1995, p. 31. OJ L 281, 23.11.1995, p. 31. Or. de (see amendment to Article 3(1))
2013/11/15
Committee: IMCO
Amendment 44 #

2013/0213(COD)

Proposal for a directive
Recital 9 a (new)
(9a) In his opinion of 11 November 2013, the European Data Protection Supervisor published his recommendations for ensuring adequate data protection in the application of this Directive. These recommendations should be borne in mind in drawing up the standard and in the processing of personal data by public authorities and contracting entities. In particular, it should be made clear that existing data protection laws also apply in the area of electronic invoicing and that the publication of personal data for transparency and accountability purposes must be in keeping with the protection of privacy. Or. de (see amendments to Articles 3(1) and 4a)
2013/11/15
Committee: IMCO
Amendment 50 #

2013/0213(COD)

Proposal for a directive
Recital 18
(18) In order to allow contracting authorities and contracting entities to take the technical measures that, following the establishment of the European standard, are necessary to comply with the provisions of this Directive, a transposition deadline of 48 months12 months for central government authorities and central purchasing bodies, and 24 months for sub-central contracting authorities and contracting entities after publication of the standard is justified.
2013/11/15
Committee: IMCO
Amendment 61 #

2013/0213(COD)

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
The Commission shall require that the European standard for the semantic data model of the core electronic invoice be technologicallcontain the elements listed in the Annex and meet at least the following requirements: - technology neutral, andity; - guarantee personal data protection in accordance with Directive 95/46/EC. and with the principles of data protection by design, proportionality and data minimisation; - taking into account the special needs of small and medium-sized enterprises as well as the sub-central contracting authorities and contracting entities; - suitability for use in commercial transactions between enterprises;
2013/11/15
Committee: IMCO
Amendment 73 #

2013/0213(COD)

Proposal for a directive
Article 4 a (new)
Article 4a Data protection 1. Applicable European and national rules on data protection shall be unaffected by this Directive and their field of application shall extend to electronic invoicing. 2. Insofar as there is no provision to the contrary in European or national law and without prejudice to appropriate protective measures in accordance with Article 13 of Directive 95/46/EC, personal data may be used exclusively for the purpose of electronic invoicing or purposes compatible with it. 3. Member States shall ensure, without prejudice to appropriate protective measures in accordance with Article 13 of Directive 95/46/EC, that arrangements for the publication, for transparency and accounting purposes, of personal data gathered in connection with electronic invoicing are in line with the purpose of such publication and with the principle of the protection of privacy.
2013/11/15
Committee: IMCO
Amendment 75 #

2013/0213(COD)

Proposal for a directive
Article 5 a (new)
Article 5a Formal objections 1. When a Member State or the European Parliament considers that the European standard for the semantic data model of the core electronic invoice does not entirely satisfy the requirements which it aims to cover and which are set out in Article 3(1) second paragraph and in the Annex, it shall inform the Commission thereof with a detailed explanation and the Commission shall, after consulting the committee referred to in Article 5b, decide: (a) to publish, not to publish or to publish with restriction the references to the European standard for the semantic data model of the core electronic invoice in the Official Journal of the European Union; (b) to maintain, to maintain with restriction or to withdraw the references to the European standard for the semantic data model of the core electronic invoice in or from the Official Journal of the European Union. 2. The Commission shall inform the European standardisation organisation concerned of the decision referred to in paragraph 1 and, if necessary, request the revision of the European standard for the semantic data model of the core electronic invoice. 3. The decision referred to in point (a) of paragraph 1 of this Article shall be adopted in accordance with the advisory procedure referred to in Article 5b(2). 4. The decision referred to in point (b) of paragraph 1 of this Article shall be adopted in accordance with the examination procedure referred to in Article 5b(3).
2013/11/15
Committee: IMCO
Amendment 78 #

2013/0213(COD)

Proposal for a directive
Article 5 b (new)
Article 5b Committee procedure 1. The Commission shall be assisted by a Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/201111c. 2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. 3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. ____________ 11c Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). Or. en (see amendment introducing Article 5a on "formal objections" by the same author)
2013/11/15
Committee: IMCO
Amendment 81 #

2013/0213(COD)

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 48 months following the entry into force at the latest. They shall forthwith communicate to the Commission the text of those provisions. Or. de (See amendment to Article 6(1), subparagraph 1a (new).)
2013/11/15
Committee: IMCO
Amendment 84 #

2013/0213(COD)

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1 a (new)
Following publication of the European standard in accordance with Article 3(2), central government authorities and procurement entities shall have 12 months and sub-central contracting authorities and contracting entities 24 months in which to comply with this requirement. Or. de (See amendment to Recital 18)
2013/11/15
Committee: IMCO
Amendment 16 #

2013/0181(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. Where the Commission (Eurostat) identifies problems or potential issues as to the quality of statistics, in particular in the context of the quality assessment under Article 5, it may decide to carry out missions to the Member State concerned.
2013/12/18
Committee: EMPL
Amendment 17 #

2013/0181(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. The Commission (Eurostat) shall report to the Economic Policy Committee set up by Council Decision 74/122/EEC7 on the findings of these missions, including any comments on these findings made by the Member State concerned. After having been transmitted to the Economic Policy Committee and the European Parliament, these reports, along with any comments made by the Member State concerned, shall be made public, without prejudice to the provisions concerning statistical confidentiality in Regulation (EC) No 223/2009. __________________ 7 OJ L 63, 5.3.1974, p.21
2013/12/18
Committee: EMPL
Amendment 19 #

2013/0181(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. The Commission (Eurostat) may express a reservation on the quality of a Member State's MIP relevant data. No later than threfive working days before the planned publication date, the Commission (Eurostat) shall communicate to the Member State concerned and to the President of the Economic Policy Committee the reservation it intends to express and make public. The Member State concerned shall be given the opportunity to explain the situation. Where the issue is resolved after publication of the data and the reservation, withdrawal of the reservation shall be made public immediately thereafter.
2013/12/18
Committee: EMPL
Amendment 20 #

2013/0181(COD)

Proposal for a regulation
Article 8 – paragraph 4
4. The Commission (Eurostat) may amend data transmitted by Member States and provide the amended data and a justification of the amendment where there is evidence that the data reported by Member States do not comply with the requirements of Article 3(2). No later than threfive working days before the planned publication date, the Commission (Eurostat) shall communicate to the Member State concerned and to the President of the Economic Policy Committee the amended data and the justification for the amendment.
2013/12/18
Committee: EMPL
Amendment 21 #

2013/0181(COD)

Proposal for a regulation
Chapter 8 – title
SANCTIONS CONCERNING THE MANIPULISREPRESENTATION OF STATISTICS
2013/12/18
Committee: EMPL
Amendment 24 #

2013/0181(COD)

Proposal for a regulation
Article 9 – paragraph 5
5. The Court of Justice of the European Union shall have unlimited jurisdiction to review the decisions of the Council imposing fines under paragraph 1. It may annul, reduce or increase the fine so imposed.
2013/12/18
Committee: EMPL
Amendment 25 #

2013/0181(COD)

Proposal for a regulation
Article 11 – paragraph 1
The fines collected in accordance with Article 9 shall constitute other revenue, as referred to in Article 311 of the Treaty, and shall be assigned to the Union budget. They shall be designated for measures to enhance employment and education levels especially among the youth.
2013/12/18
Committee: EMPL
Amendment 37 #

2013/0110(COD)

Proposal for a directive
Recital 11
(11) The scope of these non-financial disclosure requirements should be defined by reference to the average number of employees, total assets and turnover.; SMEs should be exempted from additional requirements, and the obligation to disclose a non-financial statement in the annual report should only apply to those companies whose average number of employees exceeds 500, and exceed either a balance sheet total of EUR 2086 million or a netn annual turnover of EUR 4100 million. Article 2 of the annex to Recommendation 2003/361/EC defines small and medium-sized enterprises. Given that the Commission proposal doubles the number of employees, it makes sense also to double the annual turnover of EUR 50 million and the annual balance sheet total of EUR 43 million.Or. de Begründung
2013/10/24
Committee: EMPL
Amendment 38 #

2013/0110(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 1 – introductory part
For companies whose average number of employees during the financial year exceeds 500 and, on their balance sheet dates, exceed either a balance sheet total of EUR 20 million or a net turnover of EUR 40 million, the review shall also include, where appropriate, a non-financial statement containing information in particular relating to at least environmental, social and employee matters, respect for human rights, anti- corruption and bribery matters, including:
2013/10/16
Committee: IMCO
Amendment 42 #

2013/0110(COD)

Proposal for a directive
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – paragraph 1 – introductory part
(b) For companies whose average number of employees during the financial year exceeds 500 and, on their balance sheet dates, exceed either a balance sheet total of EUR 20 million or a net turnover of EUR 40 million, the review shall also include, where appropriate, a non-financial statement containing information in particular relating to at least environmental, social and employee matters, respect for human rights, anti- corruption and bribery matters, including:
2013/10/16
Committee: ITRE
Amendment 42 #

2013/0110(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 2
Where a company does not pursue policies in relation to one or more of these matters, it shall provide an explanation for not doing so.deleted
2013/10/16
Committee: IMCO
Amendment 48 #

2013/0110(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1– point b
For companies whose average number of employees during the financial year exceeds 500 and, on their balance sheet dates, exceed either a balance sheet total of EUR 2086 million or a netn annual turnover of EUR 4100 million, the review shall also include a non-financial statement containing information relating to at least environmental, social and employee matters, respect for human rights, anti- corruption and bribery matters, including: Article 2 of the annex to Recommendation 2003/361/EC defines small and medium-sized enterprises. Given that the Commission proposal doubles the number of employees, it makes sense also to double the annual turnover of EUR 50 million and the annual balance sheet total of EUR 43 million.Or. de Begründung
2013/10/24
Committee: EMPL
Amendment 50 #

2013/0110(COD)

Proposal for a directive
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – paragraph 2
Where a company does not pursue policies in relation to one or more of these matters, it shall provide an explanation for not doing so.deleted
2013/10/16
Committee: ITRE
Amendment 54 #

2013/0110(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
To the extent necessary for an understanding of the company's development, performance or position, the analysis shall include both financial and, where appropriate, non-financial key performance indicators relevant to the particular business.
2013/10/16
Committee: IMCO
Amendment 56 #

2013/0110(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 78/660/EEC
Article 46 – paragraph 4
Where a company prepares a comprehensive report corresponding to the same financial year relying on national, EU-based or international frameworks and which covers the information provided for in paragraph 1(b), it shall be exempt from the obligation to prepare the non-financial statement set out in paragraph 1(b), provided that such report is part of the annual report, published together with it or referenced in it.
2013/10/16
Committee: IMCO
Amendment 57 #

2013/0110(COD)

Proposal for a directive
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point c
(c) To the extent necessary for an understanding of the company's development, performance or position, the analysis shall include both financial and, where appropriate, non-financial key performance indicators relevant to the particular business.
2013/10/16
Committee: ITRE
Amendment 57 #

2013/0110(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 78/660/EEC
Article 46a – paragraph 1 – point g
a description of the company's diversity policy for its administrative, management and supervisory bodies with regard to aspects such as age, gender, geographical diversity, educational and professional background, the objectives of this diversity policy, how it has been implemented and the results in the reporting period. If the company has no such policy, the statement shall contain a clear and reasoned explanation as to why this is the case.deleted
2013/10/16
Committee: IMCO
Amendment 58 #

2013/0110(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 2
Where a company does not pursue policies in relation to one or more of these matters, it shall provide an explanation for not doing so.deleted
2013/10/24
Committee: EMPL
Amendment 61 #

2013/0110(COD)

Proposal for a directive
Article 1 – point 1 – point b
Directive 78/660/EEC
Article 46 – paragraph 4
'4. Where a company prepares a comprehensive report corresponding to the same financial year relying on national, EU-based or international frameworks and which covers the information provided for in paragraph 1(b), it shall be exempt from the obligation to prepare the non-financial statement set out in paragraph 1(b), provided that such report is part of the annual report, published together with it or referenced in it.'
2013/10/16
Committee: ITRE
Amendment 62 #

2013/0110(COD)

Proposal for a directive
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 3 – introductory part
For parent undertakings of undertakings to be consolidated that together exceed an average number of 500 employees during the financial year, and, on their balance sheet dates, exceed either a balance sheet total of EUR 20 million or a net turnover of EUR 40 million, the review shall, where appropriate, also include a non-financial statement containing information, in particular, relating to at least environmental, social and employee matters, respect for human rights, anti- corruption and bribery matters, including the following:
2013/10/16
Committee: IMCO
Amendment 65 #

2013/0110(COD)

Proposal for a directive
Article 1 – point 2 – point a
Directive 78/660/EEC
Article 46a – paragraph 1 – point g
'(g) a description of the company's diversity policy for its administrative, management and supervisory bodies with regard to aspects such as age, gender, geographical diversity, educational and professional background, the objectives of this diversity policy, how it has been implemented and the results in the reporting period. If the company has no such policy, the statement shall contain a clear and reasoned explanation as to why this is the case.'deleted
2013/10/16
Committee: ITRE
Amendment 67 #

2013/0110(COD)

Proposal for a directive
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 4
Where the undertakings included in the consolidation taken as a whole do not pursue policies in relation to one or more of these matters, the company shall provide an explanation for not doing so.deleted
2013/10/16
Committee: IMCO
Amendment 78 #

2013/0110(COD)

Proposal for a directive
Article 2 – point 1 – point a
Directive 83/349 / EEC
Article 36 – paragraph 1 – subparagraph 3
For parent undertakings of undertakings to be consolidated that together exceed an average number of 500 employees during the financial year, and, on their balance sheet dates, exceed either a balance sheet total of EUR 2086 million or a netn annual turnover of EUR 4100 million, the review shall also include a non-financial statement containing information relating to at least environmental, social and employee matters, respect for human rights, anti- corruption and bribery matters, including the following:
2013/10/24
Committee: EMPL
Amendment 78 #

2013/0110(COD)

Proposal for a directive
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – paragraph 3 – introductory part
For parent undertakings of undertakings to be consolidated that together exceed an average number of 500 employees during the financial year, and, on their balance sheet dates, exceed either a balance sheet total of EUR 20 million or a net turnover of EUR 40 million, the review shall, where appropriate, also include a non-financial statement containing information, in particular, relating to at least environmental, social and employee matters, respect for human rights, anti- corruption and bribery matters, including the following:
2013/10/16
Committee: ITRE
Amendment 79 #

2013/0110(COD)

Proposal for a directive
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 6
To the extent necessary for an understanding of such development, performance or position, the analysis shall include both financial and, where appropriate, non- financial key performance indicators relevant to the particular business.
2013/10/16
Committee: IMCO
Amendment 81 #

2013/0110(COD)

Proposal for a directive
Article 2 – point 1 – point b
Directive 83/349/EEC
Article 36 – paragraph 4
Where a parent undertaking prepares a comprehensive report corresponding to the same financial year, referring to the whole group of consolidated undertakings, relying on national, EU-based or international frameworks and covering the information provided for in the third subparagraph of paragraph 1, the parent undertaking shall be exempt from the obligation to prepare the non-financial statement set out in the third subparagraph of paragraph 1, provided that such comprehensive report is part of the consolidated annual report, published together with it or referenced in it.
2013/10/16
Committee: IMCO
Amendment 84 #

2013/0110(COD)

Proposal for a directive
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – paragraph 4
Where the undertakings included in the consolidation taken as a whole do not pursue policies in relation to one or more of these matters, the company shall provide an explanation for not doing so.deleted
2013/10/16
Committee: ITRE
Amendment 85 #

2013/0110(COD)

Proposal for a directive
Article 2 – point 1 – point a
Directive 83/349/CEE
Article 36 – paragraph 1 – point a – subparagraph 4
Where the undertakings included in the consolidation taken as a whole do not pursue policies in relation to one or more of these matters, the company shall provide an explanation for not doing so.deleted
2013/10/24
Committee: EMPL
Amendment 91 #

2013/0110(COD)

Proposal for a directive
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – paragraph 6
To the extent necessary for an understanding of such development, performance or position, the analysis shall include both financial and, where appropriate, non- financial key performance indicators relevant to the particular business.
2013/10/16
Committee: ITRE
Amendment 93 #

2013/0110(COD)

Proposal for a directive
Article 2 – point 1 – point b
Directive 83/349/EEC
Article 36 – paragraph 4
Where a parent undertaking prepares a comprehensive report corresponding to the same financial year, referring to the whole group of consolidated undertakings, relying on national, EU-based or international frameworks and covering the information provided for in the third subparagraph of paragraph 1, the parent undertaking shall be exempt from the obligation to prepare the non-financial statement set out in the third subparagraph of paragraph 1, provided that such comprehensive report is part of the consolidated annual report, published together with it or referenced in it.
2013/10/16
Committee: ITRE
Amendment 16 #

2013/0089(COD)

Proposal for a directive
Recital 34
(34) In order to improve and facilitate access to trade mark protection and to increase legal certainty and predictability, the procedure for the registration of trade marks in the Member States should be efficient and transparent and should follow rules similar to those applicable to European trade marks. With a view to achieving a consistent and balanced trade mark system both at national and Union level, all the central industrial property offices of the Member States should therefore limit their examination ex officio of whether a trade mark application is eligible for registration to the absence of absolute grounds for refusal only. This should however not prejudice the right of those offices to provide, upon request of applicants, searches forex officio or upon request, searches for earlier rights as well as notifications to proprietors of earlier rights on a purely informative basis and without any prejudice to or binding effect on the further registration process, including subsequent opposition proceedings.
2013/09/30
Committee: IMCO
Amendment 28 #

2013/0089(COD)

Proposal for a directive
Article 41 – paragraph 1
The offices shall limit their examination ex officio of whether a trade mark application is eligible for registration to the absence of the absolute grounds for refusal provided for in Article 4. This provision shall be without prejudice to the possibility for offices to provide searches and notifications with regard to earlier rights on a purely informative basis and provided that such searches and notifications have no binding effect on the further registration process, including on subsequent opposition proceedings.
2013/09/30
Committee: IMCO
Amendment 28 #

2013/0088(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 14
Regulation (EC) No 207/2009
Article 12 – paragraph 1 – subparagraph 2
The first subis paragraph shall only apply where the use made by the third party is in accordance with honest practices in industrial or commercial matters.
2013/09/30
Committee: IMCO
Amendment 32 #

2013/0088(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 16
Regulation (EC) 207/2009
Article 15 – paragraph 1
In Article 15(1), the first subparagraph is replaced by the following: If, within a period of five years following registration, the proprietor has not put the Community trade mark to genuine use in a Member State or a part thereof in connection with the goods or services in respect of which it is registered, or if such use has been suspended during an uninterrupted period of five years, the Community trade mark shall be subject to the sanctions provided for in this Regulation, unless there are proper reasons for non-use.
2013/09/30
Committee: IMCO
Amendment 33 #

2013/0088(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 27
Regulation (EC) 207/2009
Article 27
The date of filing of a European trade mark application shall be the date on which documents containing the information specified in Article 26(1) are filed with the Agency by the applicant, subject to payment of the application fee for which the order for payment shall have been given at the latest on that datewithin a period of one month of filing the abovementioned documents.
2013/09/30
Committee: IMCO
Amendment 34 #

2013/0088(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 28
Regulation (EC) 207/2009
Article 28 – paragraph 8 – subparagraph 1
Proprietors of European trade marks applied for before 22 June 2012 which are registered solely in respect of the entire heading of a Nice class, may declare that their intention on the date of filing had been to seek protection in respect of goods or services beyond those covered by the literal meaning of the heading of that class, provided that the goods or services so designated are included in the alphabetical list for that class of the edition of the Nice classification in force at the date of filing.
2013/09/30
Committee: IMCO
Amendment 35 #

2013/0088(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 28
Regulation (EC) 207/2009
Article 28 – paragraph 8 – subparagraph 2
The declaration shall be filed at the Agency within 4twelve months from the entry into force of this Regulation, and shall indicate, in a clear, precise and specific manner, the goods and services, other than those clearly covered by the literal meaning of the indications of the class heading, originally covered by the proprietor's intention. The Agency shall take appropriate measures to amend the Register accordingly. This possibility is without prejudice to the application of Articles 15, 42(2), 51(1)(a) and 57(2).
2013/09/30
Committee: IMCO
Amendment 36 #

2013/0088(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 30
Regulation (EC) 207/2009
Article 30 – paragraph 1 – subparagraph 1
Priority claimsAn applicant desiring to take advantage of the priority of a previous application shall be filed together with the European trade mark application and shall include the date, number and country a declaration of priority and a copy of the previous application. If the language of the latter is not one of the languages of the Agency, the applicant shall file a translation of the previous application. in one of those languages.
2013/09/30
Committee: IMCO
Amendment 39 #

2013/0088(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 40 a (new)
Regulation (EC) 207/2009
Article 42 – paragraph 4
(40a) In Article 42, paragraph 4 is replaced by the following: The Agency may, if it thinks fit, invite the parties to make a friendly settlement, preferably before the formal start of opposition proceedings. In doing so, the Agency shall include information on available mediation proceedings and specialised mediation services, including services provided by external mediators accredited by the Agency. Where the parties decide to make a friendly settlement during the opposition proceedings, the Agency shall grant both parties reasonable extensions to conclude the mediation process.
2013/09/30
Committee: IMCO
Amendment 40 #

2013/0088(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 50 a (new)
Regulation (EC) 207/2009
Article 57 – paragraph 4
(50a) Article 57 (4) is replaced by the following: The Agency may, if it thinks fit, invite the parties to make a friendly settlement, preferably before the formal start of cancellation proceedings. In doing so, the Agency shall include information on available mediation proceedings and specialised mediation services, including services provided by external mediators accredited by the Agency. Where the parties decide to make a friendly settlement during the opposition proceedings, the Agency shall grant both parties reasonable extensions to conclude the mediation process.
2013/09/30
Committee: IMCO
Amendment 51 #

2013/0088(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 110
Regulation (EC) 207/2009
Article 144 – paragraph 2
The amounts of the fees referred to in paragraph 1 shall be fixed at such level as to ensure that the revenue in respect thereof is in principle sufficient for the budget of the Agency to be balanced while avoiding the accumulation of significant surpluses. Without prejudice to Article 139(4), the Commission shall reviewmay reduce the level of fees should a significant surplus become recurrent. If this review does not lead to a reduction or modification in the level of fees which has the effect of preventing the further accumulation of a significant surplus, the surplus accumulated after the review shall be transferred to the budget ofAny significant surplus accumulated in spite of such revision shall be used to promote harmonisation, convergence and excellence of the protection of intellectual property rights in the Union.
2013/09/30
Committee: IMCO
Amendment 24 #

2013/0049(COD)

Proposal for a regulation
Recital 8
(8) In respect of the consumer products subject to this Regulation the scope of its application of the different parts of it should be clearly delimited from sector- specific Union harmonisation legislation. Whilst the general product safety requirement and related provisThe Regulations should be applicable to all consumer products, the obligations of economic operators should not apply where Union harmonisation legislation includes equivalent obligations,therefore not apply to products subject to Union harmonisation legislation such as Union legislation on cosmetics, toys, electrical appliances or construction products. Or. en (see amendments of Articles 2, 5 and 6 by the same author)
2013/09/06
Committee: ITRE
Amendment 27 #

2013/0049(COD)

Proposal for a regulation
Recital 13
(13) The safety of products should be assessed taking into account all the relevant aspects, in particular their characteristics and presentation as well as the categories of consumers who are likely to use the products under reasonably foreseeable conditions, taking into account their vulnerability, in particular children, the elderly and the disabled. When assessing the risks for vulnerable consumers, due consideration should be given to the applications intended and described as such by the manufacturer in the product's safety instructions and the responsibilities and supervision or training obligations incumbent upon family members, service providers or employers. Or. en (see amendment of Article 6(1)(1)(d) by the same author)
2013/09/06
Committee: ITRE
Amendment 30 #

2013/0049(COD)

Proposal for a regulation
Recital 14
(14) To avoid overlapping safety requirements and conflicts with other Union legislation, a product which conformsis subject to sector-specific Union harmonisation legislation that aims at the protection of health and safety of persons should be presumed to be safe under this Regulation. excluded from the scope of this Regulation. Or. en (see amendments of Articles 5 and 6 by the same author)
2013/09/06
Committee: ITRE
Amendment 32 #

2013/0049(COD)

Proposal for a regulation
Recital 20
(20) Ensuring product identification and the traceability of products throughout the entire supply chain helps to identify economic operators and to take effective corrective measures against unsafe products, such as targeted recalls. Product identification and traceability thus ensure that consumers and economic operators obtain accurate information regarding unsafe products which enhances confidence in the market and avoids unnecessary disruption of trade. Products should therefore bear information allowing their identification and the identification of the manufacturer andor, if applicable, of the importer. Manufacturers should also establish technical documentations regarding their products for which they may choose the most appropriate and cost- efficient way such as by electronic means. Moreover, economic operators should be required to identify the operators who supplied them and to whom they supplied a product. Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data18 is applicable to the processing of personal data for the purposes of this Regulation. Or. en (see amendments on Articles 8 and 10 by the same author)
2013/09/06
Committee: ITRE
Amendment 34 #

2013/0049(COD)

Proposal for a regulation
Recital 21
(21) The indication of origin supplements the basic traceability requirements concerning the name and address of the manufacturer. In particular, the indication of the country of origin helps to identify the actual place of manufacture in all those cases where the manufacturer cannot be contacted or its given address is different from the actual place of manufacture. Such information can facilitate the task of market surveillance authorities in tracing the product back to the actual place of manufacture and enable contacts with the authorities of the countries of origin in the framework of bilateral or multilateral cooperation on consumer product safety for appropriate follow up actions. deleted Or. en (see amendment of Article 7 by the same author)
2013/09/06
Committee: ITRE
Amendment 36 #

2013/0049(COD)

Proposal for a regulation
Recital 24
(24) The procedures to request European standards in support of this Regulation, and on formal objections against them, should be laid down in this Regulation and be aligned with Regulation (EU) No 1025/2012. To ensure overall consistency in European standardisation issues, requests for European standards, or objections to a European standard, should therefore be brought before the committee set up by that Regulation, after appropriate consultation of experts of the Member States in the field of consumer product safety. and relevant stakeholders. Or. en (see amendment of Article 16(1) by the same author)
2013/09/06
Committee: ITRE
Amendment 37 #

2013/0049(COD)

Proposal for a regulation
Recital 27
(27) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the exemption to the obligation to inform market surveillance authorities about products presenting a risk, as regards the type of data carrier and its placement on the product for the purposes of the traceability system, as regards standardisation requests to European standardisation organisations and as regards decisions on formal objections to European standards. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers20 . Or. en (see amendment of Article 16 (1) by the same author)
2013/09/06
Committee: ITRE
Amendment 38 #

2013/0049(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) which are likely, under reasonably foreseeable conditions, to be used by consumers even if, when placed on the market, they were not intended for themconsumers;
2013/09/06
Committee: ITRE
Amendment 41 #

2013/0049(COD)

Proposal for a regulation
Article 2 – paragraph 4
4. Chapters II to IV of tThis Regulation shall not apply to products subject to requirements designed to protect human health and safety laid down in Union harmonisation legislation or pursuant to it. Or. en (see amendments on Articles 5 and 6 by the same author)
2013/09/06
Committee: ITRE
Amendment 43 #

2013/0049(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use of the product concerned, including the duration of use and, where applicable, its putting into service, installation and, maintenance, training and supervision requirements, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of persons;
2013/09/06
Committee: ITRE
Amendment 47 #

2013/0049(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) as regards the risks covered by requirements designed to protect human health and safety laid down in or pursuant to Union harmonisation legislation, if it conforms to those requirements; deleted Or. en (see amendments of Article 2 and 6 by the same author)
2013/09/06
Committee: ITRE
Amendment 48 #

2013/0049(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) in the absence of requirements laid down in or pursuant to Union harmonisation legislation referred to in point (a), as regards the risks covered by European standards, if it conforms to relevant European standards or parts thereof, the references of which have been published in the Official Journal of the European Union in accordance with Articles 16 and 17; Or. en (see amendments of Articles 2 and 6 by the same author)
2013/09/06
Committee: ITRE
Amendment 49 #

2013/0049(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) in the absence of requirements laid down in or pursuant to Union harmonisation legislation referred to in point (a) and European standards referred to in point (b), as regards the risks covered by health and safety requirements laid down in the law of the Member State where the product is made available on the market, if it conforms to such national requirements. Or. en (see amendments of Articles 2 and 6 by the same author)
2013/09/06
Committee: ITRE
Amendment 50 #

2013/0049(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. In the absence of Union harmonisation legislation, European standards or health and safety requirements laid down in the law of the Member State where the product is made available on the market as referred to in points (a), (b) and (c) of Article 5, the following aspects shall be taken into account when assessing whether a product is safe, in particular: (a) the characteristics of the product, including its composition, packaging, instructions for assembly and, where applicable, for installation and maintenance; (b) the effect on other products, where it is reasonably foreseeable that it will be used with other products; (c) the presentation of the product, the labelling, any warnings and instructions for its use and disposal and any other indication or information regarding the product; (d) the categories of consumers at risk when using the product, in particular vulnerable consumers; (e) the appearance of the product and in particular where a product, although not foodstuff, resembles foodstuff and is likely to be confused with foodstuff due to its form, odour, colour, appearance, packaging, labelling, volume, size or other characteristics. The feasibility of obtaining higher levels of safety or the availability of other products presenting a lesser degree of risk shall not constitute grounds for considering a product not to be safe. deleted Or. en (see Article 3(3) of Directive 2001/95/EC)
2013/09/06
Committee: ITRE
Amendment 52 #

2013/0049(COD)

Proposal for a regulation
Article 6 – paragraph 1 –point d
(d) the categories of consumers at risk when using the product, in particular vulnerable consumers; likely to use the product under reasonably foreseeable conditions; Or. en (see amendments of Recital 13 and Article 16(2a) new by the same author)
2013/09/06
Committee: ITRE
Amendment 53 #

2013/0049(COD)

Proposal for a regulation
Article 6 – paragraph 1 a (new)
(see Article 3(3) of Directive 2001/95/EC, amend(1a) In the absence of European standards or health and safety requirements laid down in the law of the Member State where the product is made available on the market as referred to in points (b) and (c) of Article 5, the conformity of a product to the general safety requirement shall be assessed by taking into account the following elements oin Aparticles 6(1), 6(2), 2 and 5 by theular, where they exist: (a) voluntary national standards transposing relevant European standards other than those referred to in point (b) of Article 5; (b) the standards drawn up in the Member State in which the product is marketed; (c) Commission recommendations setting guidelines on product safety assessment; (d) product safety codes of good practice in force in the sector concerned; (e) the state of the art and technology. Or. en same author)
2013/09/06
Committee: ITRE
Amendment 54 #

2013/0049(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. For the purpose of paragraph 1, when assessing whether a product is safe, the following aspects, when available, shall be taken into account, in particular: (a) the state of the art and technology; (b) European standards other than those the references of which have been published in the Official Journal of the European Union in accordance with Articles 16 and 17; (c) international standards; (d) international agreements; (e) Commission recommendations or guidelines on product safety assessment; (f) national standards drawn up in the Member State in which the product is made available; (g) product safety codes of good practice in force in the sector concerned; (h) reasonable consumer expectations concerning safety.deleted
2013/09/06
Committee: ITRE
Amendment 55 #

2013/0049(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point a
(a) the state of the art and technology; (See amendments on Articles 6(1) and 6(1a) new and 6(2) by the same author.)deleted Or. en
2013/09/06
Committee: ITRE
Amendment 56 #

2013/0049(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point h
(h) reasonable consumer expectations concerning safety. deleted Or. en (see amendment proposing an Article 6(1a) new by the same author)
2013/09/06
Committee: ITRE
Amendment 57 #

2013/0049(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point h a (new)
(ha) the state of the art and technology Or. en (amendment proposing an Article 6(1a) new by the same author)
2013/09/06
Committee: ITRE
Amendment 59 #

2013/0049(COD)

Proposal for a regulation
Article 6 – paragraph 2 a (new)
(2a) In addition to the elements listed in paragraph 1, the following aspects relating to products and their use, when available, may be taken into consideration when assessing whether a product is safe, in particular: (a) the characteristics of the product, including its, authenticity, composition, packaging, instructions for assembly and, where applicable, for installation and maintenance; (b) the effect on other products, where it is reasonably foreseeable that it will be used with other products; (c) the presentation of the product, the labelling, any warnings and instructions for its use and disposal and any other indication or information regarding the product; (d) the categories of consumers at risk when using the product, in particular vulnerable consumers likely to use the product under reasonably foreseeable conditions; (e) the appearance of the product and in particular where a product, although not foodstuff, resembles foodstuff and is likely to be confused with foodstuff due to its form, odour, colour, appearance, packaging, labelling, volume, size or other characteristics. The feasibility of obtaining higher levels of safety or the availability of other products presenting a lesser degree of risk shall not constitute grounds for considering a product not to be safe. Or. en (see amendments on Articles 6(1) and 6(1a) new and 6(2) by the same author.)
2013/09/06
Committee: ITRE
Amendment 60 #

2013/0049(COD)

Proposal for a regulation
Article 7
Article 7 Indication of the origin 1. Manufacturers and importers shall ensure that products bear an indication of the country of origin of the product or, where the size or nature of the product does not allow it, that indication is to be provided on the packaging or in a document accompanying the product. 2. For the purpose of determination of the country of origin within the meaning of paragraph 1, non-preferential origin rules set out in Articles 23 to 25 of Council Regulation (EEC) No 2913/92 establishing a Community Customs Code21 shall apply. 3. Where the country of origin determined in accordance with paragraph 2 is a Member State of the Union, manufacturers and importers may refer to the Union or to a particular Member State. __________________ 21 OJ L 302, 19.10.1992, p. 1.deleted
2013/09/06
Committee: ITRE
Amendment 64 #

2013/0049(COD)

Proposal for a regulation
Article 8 – paragraph 4 – point c a (new)
(ca) where the manufacturer does not place the product on the market, name, registered trade name or registered trade mark of the manufacturer and the address at which he can be contacted.
2013/09/06
Committee: ITRE
Amendment 65 #

2013/0049(COD)

Proposal for a regulation
Article 8 – paragraph 5
5. Manufacturers shall keep, for a period of tenfive years after the product has been placed on the market, themake the relevant parts of technical documentation and make it available to the market surveillance authorities, upon request. (see Articles R2(9) and R4(9) of Decision No 768/2008/EC, Annex VII A(2) of Directive 2006/42/EC, EC Guidelines on the application of Directive 2006/95/EC and amendment of in electronic or physical format, upon reasoned request. The technical documentation does not have to be located in the territory of the Union, nor does it have to be permanently available in material form. However, it must be capable of being assembled and made available within a reasonable time- frame. Or. en Article 10(8) by the same author)
2013/09/06
Committee: ITRE
Amendment 68 #

2013/0049(COD)

Proposal for a regulation
Article 8 – paragraph 7
7. MWhere manufacturers place a product on the market, they shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the product or, where that is not possible, on its packaging or, in a document accompanying the product or on a website clearly indicated on the product or its packaging or accompanying documents. The address must indicate a single point at which the manufacturer can be contacted. Or. en (see amendment of Article 10(3) by the same author)
2013/09/06
Committee: ITRE
Amendment 71 #

2013/0049(COD)

Proposal for a regulation
Article 8 – paragraph 8 – subparagraph 1
Manufacturers shall ensure that their product is accompanied by instructions and safety information in a language or visual format which can be easily understood by consumers, as determined by the Member State in which the product is made available, except where the product can be used safely and as intended by the manufacturer without such instructions and safety information.
2013/09/06
Committee: ITRE
Amendment 72 #

2013/0049(COD)

Proposal for a regulation
Article 8 – paragraph 9
9. Manufacturers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this Regulation shall immediately take the corrective action necessary to bring that product into conformity, to withdraw it or recall it, ifas appropriate. Furthermore, where the product is not safe, manufacturers shall immediately inform the market surveillance authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the risk to health and safety and of any corrective action taken. Or. en (see amendment of Article 10(7) and 11(5) by the same author)
2013/09/06
Committee: ITRE
Amendment 74 #

2013/0049(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. Before placing a product on the market importers shall ensure that the product is compliant with the general safety requirement laid down in Article 4 and that the manufacturer has complied with the requirements set out in Article 8(4), (6) and (7). and (6). Or. en (see amendments of Article 8(4)(c) and Article 8 (7) by the same author)
2013/09/06
Committee: ITRE
Amendment 75 #

2013/0049(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product or on a website clearly indicated on the product or its packaging or accompanying documents. They shall ensure that any additional label does not obscure any information on the label provided by the manufacturer. Or. en (see amendment of Article 8(7) by the same author)
2013/09/06
Committee: ITRE
Amendment 77 #

2013/0049(COD)

Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1
Importers shall ensure that the product is accompanied by instructions and safety information in a language or visual format which can be easily understood by consumers, as determined by the Member State in which the product is made available, except where the product can be used safely and as intended by the manufacturer without such instructions and safety information.
2013/09/06
Committee: ITRE
Amendment 78 #

2013/0049(COD)

Proposal for a regulation
Article 10 – paragraph 7
7. Importers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this Regulation shall immediately take the corrective action necessary to bring that product into conformity, to withdraw it or recall it, ifas appropriate. Furthermore, where the product is not safe, importers shall immediately inform the market surveillance authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the risk to health and safety and of any corrective action taken. Or. en (see amendment of Articles 8(9) and 11(5) by the same author)
2013/09/06
Committee: ITRE
Amendment 78 #

2013/0049(COD)

Proposal for a regulation
Recital 8
(8) In respect of the consumer products subject to this Regulation the scope of its application of the different parts of it should be clearly delimited from sector- specific Union harmonisation legislation. Whilst the general product safety requirement and related provisThe Regulations should be applicable to all consumer products, the obligations of economic operators should not apply where Union harmonisation legislation includes equivalent obligations,therefore not apply to products subject to Union harmonisation legislation such as Union legislation on cosmetics, toys, electrical appliances or construction products. Or. en (see amendments of Articles 2, 5 and 6 by the same author)
2013/09/16
Committee: IMCO
Amendment 79 #

2013/0049(COD)

Proposal for a regulation
Article 10 – paragraph 8
8. Importers shall keepensure that, for a period of tenfive years after the product has been placed on the market, the relevant parts of the technical documentation cand make it be made available to the market surveillance authorities, upon request. (See Articles R4(8) of Decision No 768/2008/EC and amendment of Article 8(5) by the same in electronic or physical format, upon reasoned request. Or. en author)
2013/09/06
Committee: ITRE
Amendment 82 #

2013/0049(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. Before making a product available on the market distributors shall verify that the manufacturer and the importer have complied with the requirements set outproduct includes the information required from manufacturers and importers in Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable.
2013/09/06
Committee: ITRE
Amendment 83 #

2013/0049(COD)

Proposal for a regulation
Article 11 – paragraph 5
5. Distributors who consider or have reason to believe that a product which they have made available on the market is not safe or is not in conformity with Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable, shall make sure that the corrective action necessary to bring that product into conformity is taken, to withdraw it or recall it, ifas appropriate. Furthermore, where the product is not safe, distributors shall immediately inform the manufacturer or importer, as applicable as well as market surveillance authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the risk to health and safety and of any corrective action taken. Or. en (see amendments of Articles 8(9) and 10(7) by the same author)
2013/09/06
Committee: ITRE
Amendment 84 #

2013/0049(COD)

Proposal for a regulation
Recital 13
(13) The safety of products should be assessed taking into account all the relevant aspects, in particular their characteristics and presentation as well as the categories of consumers who are likely to use the products under reasonably foreseeable conditions, taking into account their vulnerability, in particular children, the elderly and the disabled. When assessing the risks for vulnerable consumers, due consideration should be given to the applications intended and described as such by the manufacturer in the product's safety instructions and the responsibilities and supervision or training obligations incumbent upon family members, service providers or employers. Or. en (see amendment of Article 6(1)(1)(d) by the same author)
2013/09/16
Committee: IMCO
Amendment 86 #

2013/0049(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point b
(b) the manufacturer, importer or distributor can demonstrate that the risk has been fuleffectively controlled and cannot any more enso as to prevent any dangers to the health and safety of persons;
2013/09/06
Committee: ITRE
Amendment 87 #

2013/0049(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point c
(c) the cause of the risk of the product is such that knowledge of it does not represent useful information for the authorities or the public.deleted
2013/09/06
Committee: ITRE
Amendment 88 #

2013/0049(COD)

Proposal for a regulation
Article 13 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 determining the products, categories or groups of products for which, due to their low level of risk, the information referred to in Article 8(7) and Article 10(3) doeis not need to be indicated on the product itselfrequired.
2013/09/06
Committee: ITRE
Amendment 90 #

2013/0049(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. Economic operators shall be able to present the information referred to in the first paragraph for a period of 105 years after they have been supplied with the product and for a period of 105 years after they have supplied the product.
2013/09/06
Committee: ITRE
Amendment 91 #

2013/0049(COD)

Proposal for a regulation
Recital 14
(14) To avoid overlapping safety requirements and conflicts with other Union legislation, a product which conformsis subject to sector-specific Union harmonisation legislation that aims at the protection of health and safety of persons should be presumed to be safe under this Regulation. excluded from the scope of this Regulation. Or. en (see amendments of Articles 5 and 6 by the same author)
2013/09/16
Committee: IMCO
Amendment 93 #

2013/0049(COD)

Proposal for a regulation
Article 14 – paragraph 2 a (new)
(2a) Where economic operators identify the information referred to in the first paragraph, the market surveillance authorities shall treat this information as confidential.
2013/09/06
Committee: ITRE
Amendment 96 #

2013/0049(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. For certain products, categories or groups of products which, due to their specific characteristics or specific conditions of distribution or usage, susceptible to bear a serious risk to health and safety of persons, and after consulting relevant stakeholders, as appropriate, the Commission may require economic operators who place and make available those products on the market to establish or adhere to a system of traceability.
2013/09/06
Committee: ITRE
Amendment 98 #

2013/0049(COD)

Proposal for a regulation
Recital 20
(20) Ensuring product identification and the traceability of products throughout the entire supply chain helps to identify economic operators and to take effective corrective measures against unsafe products, such as targeted recalls. Product identification and traceability thus ensure that consumers and economic operators obtain accurate information regarding unsafe products which enhances confidence in the market and avoids unnecessary disruption of trade. Products should therefore bear information allowing their identification and the identification of the manufacturer andor, if applicable, of the importer. Manufacturers should also establish technical documentations regarding their products for which they may choose the most appropriate and cost- efficient way such as by electronic means. Moreover, economic operators should be required to identify the operators who supplied them and to whom they supplied a product. Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data is applicable to the processing of personal data for the purposes of this Regulation. Or. en (see amendments on Articles 8 and 10 by the same author)
2013/09/16
Committee: IMCO
Amendment 100 #

2013/0049(COD)

Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
The Commission may request one or several European standardisation organisations to draft or identify a European standard, which aims at ensuring that products that conform to such standard or parts thereof comply with the general safety requirement laid down in Article 4. Taking into account the views of relevant stakeholders, as appropriate, the Commission shall determine the requirements as to the content to be met by the requested European standard and a deadline for its adoption. Or. en (See amendment of Recital 24 by the same author)
2013/09/06
Committee: ITRE
Amendment 100 #

2013/0049(COD)

Proposal for a regulation
Recital 21
(21) The indication of origin supplements the basic traceability requirements concerning the name and address of the manufacturer. In particular, the indication of the country of origin helps to identify the actual place of manufacture in all those cases where the manufacturer cannot be contacted or its given address is different from the actual place of manufacture. Such information can facilitate the task of market surveillance authorities in tracing the product back to the actual place of manufacture and enable contacts with the authorities of the countries of origin in the framework of bilateral or multilateral cooperation on consumer product safety for appropriate follow up actions. deleted Or. en (see amendment of Article 7 by the same author)
2013/09/16
Committee: IMCO
Amendment 101 #

2013/0049(COD)

Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2
The Commission shall adopt the request referred to in the first subparagraph by an implementing decision. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19(3). delegated act in accordance with Article 20. Or. en (See amendment of Recital 27 by the same author)
2013/09/06
Committee: ITRE
Amendment 102 #

2013/0049(COD)

Proposal for a regulation
Article 18
Article 18 Penalties 1. The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by [insert date - 3 months prior to the date of application of this Regulation] and shall notify it without delay of any subsequent amendment affecting them. 2. The penalties referred to in paragraph 1 shall have regard to the size of the undertakings and in particular to the situation of small and medium-sized enterprises. The penalties may be increased if the relevant economic operator has previously committed a similar infringement and may include criminal sanctions for serious infringements. deleted Or. en (see Article 31 of Regulation 2013/0048 (COD)))
2013/09/06
Committee: ITRE
Amendment 106 #

2013/0049(COD)

Proposal for a regulation
Recital 24
(24) The procedures to request European standards in support of this Regulation, and on formal objections against them, should be laid down in this Regulation and be aligned with Regulation (EU) No 1025/2012. To ensure overall consistency in European standardisation issues, requests for European standards, or objections to a European standard, should therefore be brought before the committee set up by that Regulation, after appropriate consultation of experts of the Member States in the field of consumer product safety. and relevant stakeholders. Or. en (see amendment of Article 16(1) by the same author)
2013/09/16
Committee: IMCO
Amendment 107 #

2013/0049(COD)

Proposal for a regulation
Recital 27
(27) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the exemption to the obligation to inform market surveillance authorities about products presenting a risk, as regards the type of data carrier and its placement on the product for the purposes of the traceability system, as regards standardisation requests to European standardisation organisations and as regards decisions on formal objections to European standards. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers. Or. en (see amendment of Article 16 (1) by the same author)
2013/09/16
Committee: IMCO
Amendment 115 #

2013/0049(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) which are likely, under reasonably foreseeable conditions, to be used by consumers even if, when placed on the market, they were not intended for themconsumers;
2013/09/16
Committee: IMCO
Amendment 124 #

2013/0049(COD)

Proposal for a regulation
Article 2 – paragraph 4
4. Chapters II to IV of tThis Regulation shall not apply to products subject to requirements designed to protect human health and safety laid down in Union harmonisation legislation or pursuant to it. Or. en (see amendments on Articles 5 and 6 by the same author)
2013/09/16
Committee: IMCO
Amendment 128 #

2013/0049(COD)

Proposal for a regulation
Article 3 – point 1
(1) ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use of the product concerned, including the duration of use and, where applicable, its putting into service, installation and, maintenance, training and supervision requirements, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of persons;
2013/09/16
Committee: IMCO
Amendment 144 #

2013/0049(COD)

Proposal for a regulation
Article 5 – point a
(a) as regards the risks covered by requirements designed to protect human health and safety laid down in or pursuant to Union harmonisation legislation, if it conforms to those requirements; deleted Or. en (see amendments of Article 2 and 6 by the same author)
2013/09/16
Committee: IMCO
Amendment 146 #

2013/0049(COD)

Proposal for a regulation
Article 5 – point b
(b) in the absence of requirements laid down in or pursuant to Union harmonisation legislation referred to in point (a), as regards the risks covered by European standards, if it conforms to relevant European standards or parts thereof, the references of which have been published in the Official Journal of the European Union in accordance with Articles 16 and 17; Or. en (see amendments of Articles 2 and 6 by the same author)
2013/09/16
Committee: IMCO
Amendment 148 #

2013/0049(COD)

Proposal for a regulation
Article 5 – point c
(c) in the absence of requirements laid down in or pursuant to Union harmonisation legislation referred to in point (a) and European standards referred to in point (b), as regards the risks covered by health and safety requirements laid down in the law of the Member State where the product is made available on the market, if it conforms to such national requirements. Or. en (see amendments of Articles 2 and 6 by the same author)
2013/09/16
Committee: IMCO
Amendment 153 #

2013/0049(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. In the absence of Union harmonisation legislation, European standards or health and safety requirements laid down in the law of the Member State where the product is made available on the market as referred to in points (a), (b) and (c) of Article 5, the following aspects shall be taken into account when assessing whether a product is safe, in particular: (a) the characteristics of the product, including its composition, packaging, instructions for assembly and, where applicable, for installation and maintenance; (b) the effect on other products, where it is reasonably foreseeable that it will be used with other products; (c) the presentation of the product, the labelling, any warnings and instructions for its use and disposal and any other indication or information regarding the product; (d) the categories of consumers at risk when using the product, in particular vulnerable consumers; (e) the appearance of the product and in particular where a product, although not foodstuff, resembles foodstuff and is likely to be confused with foodstuff due to its form, odour, colour, appearance, packaging, labelling, volume, size or other characteristics. The feasibility of obtaining higher levels of safety or the availability of other products presenting a lesser degree of risk shall not constitute grounds for considering a product not to be safe. deleted Or. en (see Article 3(3) of Directive 2001/95/EC)
2013/09/16
Committee: IMCO
Amendment 154 #

2013/0049(COD)

Proposal for a regulation
Article 6 – paragraph 1 a (new)
(see Article 3(3) of Directive 2001/95/EC, amendments on Articles 6(1), 6(2), 2 and 5 by the1a. In the absence of European standards or health and safety requirements laid down in the law of the Member State where the product is made available on the market as referred to in points (b) and (c) of Article 5, the conformity of a product to the general safety requirement shall be assessed by taking into account the following elements in particular, where they exist: (a) voluntary national standards transposing relevant European standards other than those referred to in point (b) of Article 5; (b) the standards drawn up in the Member State in which the product is marketed; (c) Commission recommendations setting guidelines on product safety assessment; (d) product safety codes of good practice in force in the sector concerned; (e) the state of the art and technology. Or. en same author)
2013/09/16
Committee: IMCO
Amendment 161 #

2013/0049(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point d
(d) the categories of consumers at risk when using the product, in particular vulnerable consumers; likely to use the product under reasonably foreseeable conditions; Or. en (see amendments of Recital 13 and Article 16(2a) new by the same author)
2013/09/16
Committee: IMCO
Amendment 169 #

2013/0049(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. For the purpose of paragraph 1, when assessing whether a product is safe, the following aspects, when available, shall be taken into account, in particular: (a) the state of the art and technology; (b) European standards other than those the references of which have been published in the Official Journal of the European Union in accordance with Articles 16 and 17; (c) international standards; (d) international agreements; (e) Commission recommendations or guidelines on product safety assessment; (f) national standards drawn up in the Member State in which the product is made available; (g) product safety codes of good practice in force in the sector concerned; (h) reasonable consumer expectations concerning safety.deleted
2013/09/16
Committee: IMCO
Amendment 170 #

2013/0049(COD)

Proposal for a regulation
Article 6 – paragraph 2 a (new)
2a. In addition to the elements listed in paragraph 1, the following aspects relating to products and their use, when available, may be taken into consideration when assessing whether a product is safe, in particular: (a) the characteristics of the product, including its, authenticity, composition, packaging, instructions for assembly and, where applicable, for installation and maintenance; (b) the effect on other products, where it is reasonably foreseeable that it will be used with other products; (c) the presentation of the product, the labelling, any warnings and instructions for its use and disposal and any other indication or information regarding the product; (d) the categories of consumers at risk when using the product, in particular vulnerable consumers likely to use the product under reasonably foreseeable conditions; (e) the appearance of the product and in particular where a product, although not foodstuff, resembles foodstuff and is likely to be confused with foodstuff due to its form, odour, colour, appearance, packaging, labelling, volume, size or other characteristics. The feasibility of obtaining higher levels of safety or the availability of other products presenting a lesser degree of risk shall not constitute grounds for considering a product not to be safe. Or. en (see amendments on Articles 6(1) and 6(1a) new and 6(2) by the same author)
2013/09/16
Committee: IMCO
Amendment 171 #

2013/0049(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point a
(a) the state of the art and technology; deleted Or. en (see amendment proposing an Article 6(1a) new by the same author)
2013/09/16
Committee: IMCO
Amendment 178 #

2013/0049(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point h
(h) reasonable consumer expectations concerning safety. deleted Or. en (see amendment proposing an Article 6(1a) new by the same author)
2013/09/16
Committee: IMCO
Amendment 181 #

2013/0049(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point h a (new)
(ha) the state of the art and technology Or. en (see amendment proposing an Article 6(1a) new by the same author)
2013/09/16
Committee: IMCO
Amendment 186 #

2013/0049(COD)

Proposal for a regulation
Article 7
Article 7 Indication of the origin 1. Manufacturers and importers shall ensure that products bear an indication of the country of origin of the product or, where the size or nature of the product does not allow it, that indication is to be provided on the packaging or in a document accompanying the product. 2. For the purpose of determination of the country of origin within the meaning of paragraph 1, non-preferential origin rules set out in Articles 23 to 25 of Council Regulation (EEC) No 2913/92 establishing a Community Customs Code shall apply. 3. Where the country of origin determined in accordance with paragraph 2 is a Member State of the Union, manufacturers and importers may refer to the Union or to a particular Member State.deleted
2013/09/16
Committee: IMCO
Amendment 221 #

2013/0049(COD)

Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 – point c a (new)
(ca) Where the manufacturer does not place the product on the market, name, registered trade name or registered trade mark of the manufacturer and the address at which he can be contacted.
2013/09/16
Committee: IMCO
Amendment 225 #

2013/0049(COD)

Proposal for a regulation
Article 8 – paragraph 5
5. Manufacturers shall keep, for a period of tenfive years after the product has been placed on the market, themake the relevant parts of technical documentation and make it available to the market surveillance authorities, upon request. (see Articles R2(9) and R4(9) of Decision No 768/2008/EC, Annex VII A(2) of Directive 2006/42/EC, EC Guidelines on the application of Directive 2006/95/EC and amendment of in electronic or physical format, upon reasoned request. The technical documentation does not have to be located in the territory of the Union, nor does it have to be permanently available in material form. However, it must be capable of being assembled and made available within a reasonable time- frame. Or. en Article 10(8) by the same author)
2013/09/16
Committee: IMCO
Amendment 238 #

2013/0049(COD)

Proposal for a regulation
Article 8 – paragraph 7
7. MWhere manufacturers place a product on the market, they shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the product or, where that is not possible, on its packaging or, in a document accompanying the product or on a website clearly indicated on the product or its packaging or accompanying documents. The address must indicate a single point at which the manufacturer can be contacted. Or. en (see amendment of Article 10(3) by the same author)
2013/09/16
Committee: IMCO
Amendment 239 #

2013/0049(COD)

Proposal for a regulation
Article 8 – paragraph 8 – subparagraph 1
Manufacturers shall ensure that their product is accompanied by instructions and safety information in a language or visual format which can be easily understood by consumers, as determined by the Member State in which the product is made available, except where the product can be used safely and as intended by the manufacturer without such instructions and safety information.
2013/09/16
Committee: IMCO
Amendment 243 #

2013/0049(COD)

Proposal for a regulation
Article 8 – paragraph 9
9. Manufacturers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this Regulation shall immediately take the corrective action necessary to bring that product into conformity, to withdraw it or recall it, ifas appropriate. Furthermore, where the product is not safe, manufacturers shall immediately inform the market surveillance authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the risk to health and safety and of any corrective action taken. Or. en (see amendment of Article 10(7) and 11(5) by the same author)
2013/09/16
Committee: IMCO
Amendment 257 #

2013/0049(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. Before placing a product on the market importers shall ensure that the product is compliant with the general safety requirement laid down in Article 4 and that the manufacturer has complied with the requirements set out in Article 8(4), (6) and (7). and (6). Or. en (see amendments of Article 8(4)(c) and Article 8 (7) by the same author)
2013/09/16
Committee: IMCO
Amendment 260 #

2013/0049(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product or on a website clearly indicated on the product or its packaging or accompanying documents. They shall ensure that any additional label does not obscure any information on the label provided by the manufacturer. Or. en (see amendment of Article 8(7) by the same author)
2013/09/16
Committee: IMCO
Amendment 264 #

2013/0049(COD)

Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1
Importers shall ensure that the product is accompanied by instructions and safety information in a language or visual format which can be easily understood by consumers, as determined by the Member State in which the product is made available, except where the product can be used safely and as intended by the manufacturer without such instructions and safety information.
2013/09/16
Committee: IMCO
Amendment 269 #

2013/0049(COD)

Proposal for a regulation
Article 10 – paragraph 7
7. Importers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this Regulation shall immediately take the corrective action necessary to bring that product into conformity, to withdraw it or recall it, ifas appropriate. Furthermore, where the product is not safe, importers shall immediately inform the market surveillance authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the risk to health and safety and of any corrective action taken. Or. en (see amendment of Articles 8(9) and 11(5) by the same author)
2013/09/16
Committee: IMCO
Amendment 275 #

2013/0049(COD)

Proposal for a regulation
Article 10 – paragraph 8
8. Importers shall keepensure that, for a period of tenfive years after the product has been placed on the market, the relevant parts of the technical documentation cand make it be made available to the market surveillance authorities, upon request. (See Articles R4(8) of Decision No 768/2008/EC and amendment of Article 8(5) by the same in electronic or physical format, upon reasoned request. Or. en author)
2013/09/16
Committee: IMCO
Amendment 280 #

2013/0049(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. Before making a product available on the market distributors shall verify that the manufacturer and the importer have complied with the requirements set outproduct includes the information required from manufacturers and importers in Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable.
2013/09/16
Committee: IMCO
Amendment 293 #

2013/0049(COD)

Proposal for a regulation
Article 11 – paragraph 5
5. Distributors who consider or have reason to believe that a product which they have made available on the market is not safe or is not in conformity with Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable, shall make sure that the corrective action necessary to bring that product into conformity is taken, to withdraw it or recall it, ifas appropriate. Furthermore, where the product is not safe, distributors shall immediately inform the manufacturer or importer, as applicable as well as market surveillance authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the risk to health and safety and of any corrective action taken. Or. en (see amendments of Articles 8(9) and 10(7) by the same author)
2013/09/16
Committee: IMCO
Amendment 313 #

2013/0049(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point b
(b) the manufacturer, importer or distributor can demonstrate that the risk has been fuleffectively controlled and cannot any more enso as to prevent any dangers to the health and safety of persons;
2013/09/16
Committee: IMCO
Amendment 315 #

2013/0049(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point c
(c) the cause of the risk of the product is such that knowledge of it does not represent useful information for the authorities or the public.deleted
2013/09/16
Committee: IMCO
Amendment 320 #

2013/0049(COD)

Proposal for a regulation
Article 13 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 determining the products, categories or groups of products for which, due to their low level of risk, the information referred to in Article 8(7) and Article 10(3) doeis not need to be indicated on the product itselfrequired.
2013/09/16
Committee: IMCO
Amendment 327 #

2013/0049(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. Economic operators shall be able to present the information referred to in the first paragraph for a period of 105 years after they have been supplied with the product and for a period of 105 years after they have supplied the product.
2013/09/16
Committee: IMCO
Amendment 329 #

2013/0049(COD)

Proposal for a regulation
Article 14 – paragraph 2 a (new)
2a. Where economic operators identify the information referred to in the first paragraph, the market surveillance authorities shall treat this information as confidential.
2013/09/16
Committee: IMCO
Amendment 331 #

2013/0049(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. For certain products, categories or groups of products which, due to their specific characteristics or specific conditions of distribution or usage, susceptible to bear a serious risk to health and safety of persons, and after consulting relevant stakeholders, as appropriate, the Commission may require economic operators who place and make available those products on the market to establish or adhere to a system of traceability.
2013/09/16
Committee: IMCO
Amendment 337 #

2013/0049(COD)

Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
The Commission may request one or several European standardisation organisations to draft or identify a European standard, which aims at ensuring that products that conform to such standard or parts thereof comply with the general safety requirement laid down in Article 4. Taking into account the views of relevant stakeholders, as appropriate, the Commission shall determine the requirements as to the content to be met by the requested European standard and a deadline for its adoption. Or. en (See amendment of Recital 24 by the same author)
2013/09/16
Committee: IMCO
Amendment 339 #

2013/0049(COD)

Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2
The Commission shall adopt the request referred to in the first subparagraph by an implementing decision. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19(3). delegated act in accordance with Article 20. Or. en (See amendment of Recital 27 by the same author)
2013/09/16
Committee: IMCO
Amendment 342 #

2013/0049(COD)

Proposal for a regulation
Article 18
Article 18 Penalties 1. The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by [insert date - 3 months prior to the date of application of this Regulation] and shall notify it without delay of any subsequent amendment affecting them. 2. The penalties referred to in paragraph 1 shall have regard to the size of the undertakings and in particular to the situation of small and medium-sized enterprises. The penalties may be increased if the relevant economic operator has previously committed a similar infringement and may include criminal sanctions for serious infringements. deleted Or. en (see Article 31 of Regulation 2013/0048 (COD))
2013/09/16
Committee: IMCO
Amendment 66 #

2013/0048(COD)

Proposal for a regulation
Recital 1
(1) In order to guarantee the free movement of products within the Union, it is necessary to ensure that they fulfil requirements providing a high level of protection of public interests such as health and safety in general, health and safety in the workplace, protection of consumers, protection of the environment, intellectual property rights and public security. Robust enforcement of these requirements is essential to the proper protection of these interests and to create the conditions in which fair competition in the Union goods market can thrive. Rules are therefore necessary on market surveillance and on controls of products entering the Union from third countries.
2013/09/11
Committee: IMCO
Amendment 68 #

2013/0048(COD)

Proposal for a regulation
Recital 8
(8) This Regulation should therefore integrate the provisions of Regulation 765/2008, Directive 2001/95/EC and several sector-specific acts of Union harmonisation legislation relating to market surveillance into a single regulation which covers products in both the harmonised and non-harmonised areas of the Union legislation, regardless whether they are intended for use, or are likely to be used, by consumers or professionals and whether they are sold offline or online.
2013/09/11
Committee: IMCO
Amendment 82 #

2013/0048(COD)

Proposal for a regulation
Recital 23
(23) There should be effective, speedy and accurate exchange of information among the Member States and between the Member States and the Commission. It is therefore necessary to provide for effective tools for such exchange. The Union rapid information system (RAPEX) has proved its effectiveness and efficiency. RAPEX enables measures to be taken across the Union in relation to products that present a serious risk beyond the territory of a single Member State. To avoid unnecessary duplication, this system should be used for all alert notifications required by this Regulation relating to products presenting a serious risk.
2013/09/11
Committee: IMCO
Amendment 86 #

2013/0048(COD)

Proposal for a regulation
Recital 33
(33) Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that they are implemented. Those penalties must be effective, proportionate and dissuasive. The level thereof should be set as a proportion of the value of sales of the products concerned during the last full year of the infringement, depending on its seriousness, duration and intentional or recurring character of the infringement. In any case, penalties should not exceed 10% of the company's total turnover in the preceding accounting year. Where possible under national law, Member States should be encouraged to allocate the revenue from such penalties to market surveillance activities.
2013/09/11
Committee: IMCO
Amendment 102 #

2013/0048(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
(7a) 'intermediary service providers' means any natural or legal person who enables the placing or making available on the market of a product via electronic means, such as by operating e-commerce platforms or hosting websites;
2013/09/11
Committee: IMCO
Amendment 103 #

2013/0048(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 8
(8) 'economic operators' means the manufacturer, the authorised representative, the importer and the distributo, the distributor and the intermediary service provider;
2013/09/11
Committee: IMCO
Amendment 112 #

2013/0048(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 13
(13) ‘product presenting a risk’ means a product having the potential to affect adversely health and safety of persons in general, health and safety in the workplace, consumer protection, the environment and public security as well as other public interests to a degree which goes beyond that considered reasonable and acceptable under the normal or reasonably foreseeable conditions of use of the product concerned, including the duration of use and, where applicable, its putting into service, installation and maintenance requirements;
2013/09/11
Committee: IMCO
Amendment 186 #

2013/0048(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. OnFurther to a reasoned request, economic operators and, where applicable, conformity assessment bodies, shall make available to market surveillance authorities anyll the documentation and information that those authorities require for the purpose of carrying out their activities, in electronic or physical format and in a language which can be easily understood by them. Such information shall include information that enables the precise identification of the product and facilitates the tracing of the product, as appropriate.
2013/09/11
Committee: IMCO
Amendment 189 #

2013/0048(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. Economic operators shall provide all necessary information to market surveillance authorities including information that enables the precise identification of the product and facilitates the tracingcooperate with market surveillance authorities at their request, on any action taken to eliminate the risks presented by products that they have placed or made available ofn the producmarket.
2013/09/11
Committee: IMCO
Amendment 201 #

2013/0048(COD)

Proposal for a regulation
Article 8 i (new)
Article 8i Formal non-compliance of products 1. Where market surveillance authorities identify one of the following cases of formal non-compliance in relation to a product subject to Union harmonisation legislation, they shall require the relevant economic operator to rectify that formal non-compliance: (a) the CE marking or other markings required by Union harmonisation legislation have not been affixed or have been affixed incorrectly; (b) the EU declaration of conformity, where required, has not been drawn up or has been drawn up incorrectly; (c) the technical documentation is incomplete or unavailable; (d) the required labelling or instructions for use are incomplete or missing. 2. If the economic operator fails to rectify the formal non-compliance referred to in paragraph 1, market surveillance authorities shall ensure that the product is withdrawn or recalled.
2013/09/11
Committee: IMCO
Amendment 215 #

2013/0048(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. In relation to a product that is subject to Union harmonisation legislation, formal non-compliance with that legislation shall give market surveillance authorities sufficient reason to believe that the product may present a risk in any of the following cases: (a) the CE marking or other markings required by Union harmonisation legislation have not been affixed or have been affixed incorrectly; (b) the EU declaration of conformity, where required, has not been drawn up or has been drawn up incorrectly; (c) the technical documentation is incomplete or unavailable; (d) the required labelling or instructions for use are incomplete or missing. Regardless whether the risk assessment shows that the product in fact presents a risk, market surveillance authorities shall require the economic operator to rectify the formal non-compliance. If the economic operator fails to do so, market surveillance authorities shall ensure that the product is withdrawn or recalled.deleted
2013/09/11
Committee: IMCO
Amendment 288 #

2013/0048(COD)

Proposal for a regulation
Article 13 – paragraph 3
3. Compliance with the criteria referred to in points (a), (b) and (c) of paragraph 2 shall raise a presumption that the product adequately safeguards the public interests to which those criteria relate. However, this shall not prevent market surveillance authorities from taking action under this Regulation where there is new evidence that, despite such conformity or compliance, the product presents a risk.
2013/09/11
Committee: IMCO
Amendment 304 #

2013/0048(COD)

Proposal for a regulation
Article 14 – paragraph 3 a (new)
3a. Where products are not intended to be placed on the market in the Member State in which they are released for free circulation, the language in which the information set out in points (a), (b) and (c) of paragraph 3 is presented shall not give the authorities in charge of external border controls sufficient reason to believe that the product may present a risk.
2013/09/11
Committee: IMCO
Amendment 308 #

2013/0048(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. Compliance with the requirements of any Union harmonisation legislation that apply to the product upon its release which relate to the potential risk under consideration, taking full account of test reports or certificates attesting conformity and issued by a conformity assessment body, shall raise a presumption on the part of market surveillance authorities that the product does not present a risk. However, this shall not prevent those authorities from instructing the authorities in charge of external border controls not to release the product where there is evidence that, despite such compliance, the product does in fact present a risk.
2013/09/11
Committee: IMCO
Amendment 320 #

2013/0048(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. The Commission shall maintain the system for rapid exchange of information (RAPEX). Member States shall use RAPEX for exchanging information about products presenting a serious risk in accordance with this Regulation.
2013/09/11
Committee: IMCO
Amendment 327 #

2013/0048(COD)

Proposal for a regulation
Article 20 – title
Notification through RAPEX of products presenting a serious risk
2013/09/11
Committee: IMCO
Amendment 386 #

2013/0048(COD)

Proposal for a regulation
Article 31 – paragraph 2
The level of the penalties referred to in the first subparagraph shall have regard to the size of the undertakings and in particulbe established as a proportion of the value of sales of the products concerned during the last full year tof the situation of small and medium-sizeinfringement, depending on its seriousness, duration and einterprisesntional character. The penalties may be increased if the relevant economic operator has previously committed a similar infringement and may include criminal sanctions for serious infringements. In any case, the penalties shall not exceed 10% of the company's total turnover in the preceding business year.
2013/09/11
Committee: IMCO
Amendment 141 #

2013/0027(COD)

Proposal for a directive
Recital 5
(5) To cover all relevant incidents and risks, this Directive should apply to all network and information systems. The obligations on public administrations and market operators should however not apply to undertakings providing public communication networks or publicly available electronic communication services within the meaning of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive)25 , which are subject to the specific security and integrity requirements laid down in Article 13a of that Directive nor should they apply to trust service providers. __________________ 25 OJ L 108, 24.4.2002, p. 33.
2013/11/19
Committee: ITRE
Amendment 166 #

2013/0027(COD)

Proposal for a directive
Recital 15
(15) As most network and information systems are privately operated, cooperation between the public and private sector is essential. Market operators should be encouraged to pursue their own informal cooperation mechanisms to ensure NIS. They should also cooperate with the public sector and share information and best practices in exchange of operational support and relevant information in case of incidents.
2013/11/19
Committee: ITRE
Amendment 188 #

2013/0027(COD)

Proposal for a directive
Recital 28
(28) Competent authorities should pay due attention to preserving informal and trusted channels of information-sharing between market operators and between the public and the private sectors. Previously unknown vulnerabilities or incidents reported to competent authorities should be notified to the manufacturers and service providers of affected ICT products and services. Publicity of incidents reported to the competent authorities should duly balance the interest of the public in being informed about threats with possible reputational and commercial damages for the public administrations and market operators reporting incidents. In the implementation of the notification obligations, competent authorities should pay particular attention to the need to maintain information about product vulnerabilities strictly confidential prior to the release of appropriate security fixes.
2013/11/19
Committee: ITRE
Amendment 215 #

2013/0027(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 4
(4) ‘incident’ means any reasonably identifiable circumstance or event having an actual adverse effect on security;
2013/11/19
Committee: ITRE
Amendment 216 #

2013/0027(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 5
(5) ‘information society service’ mean service within the meaning of point (2) of Article 1 of Directive 98/34/EC;deleted
2013/11/19
Committee: ITRE
Amendment 219 #

2013/0027(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 8 – point a
(a) provider of information society services which enable the provision of other information society services, a non- exhaustive list of which is set out in Annex II;deleted
2013/11/19
Committee: ITRE
Amendment 222 #

2013/0027(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 8 – point b
(b) operator of critical infrastructure that are essential for the maintenance of vital economic and societal activities in the fields of energy, transport, banking, stock exchanges and health, a non-exhaustive list of which is set out in Annex II.
2013/11/19
Committee: ITRE
Amendment 226 #

2013/0027(COD)

Proposal for a directive
Article 4
[...]deleted
2013/11/19
Committee: ITRE
Amendment 239 #

2013/0027(COD)

Proposal for a directive
Article 7 – paragraph 1
1. Each Member State shall set up aone or more Computer Emergency Response Teams (hereinafter: ‘CERT’) responsible for handling incidents and risks according to a well-defined process, which shall comply with the requirements set out in point (1) of Annex I. A CERT may be established within the competent authority.
2013/11/19
Committee: ITRE
Amendment 254 #

2013/0027(COD)

Proposal for a directive
Article 8 – paragraph 3 – point c a (new)
(c a) jointly discuss and coordinate their measures regarding security requirements and incident notification referred to in article 14 and regarding implementation and enforcement referred to in article 15;
2013/11/19
Committee: ITRE
Amendment 263 #

2013/0027(COD)

Proposal for a directive
Article 8 – paragraph 3 a (new)
3a. Where appropriate market operators may be invited to participate in the activities of the cooperation network referred to in points (a), (g), (h) and (i) of paragraph 3.
2013/11/19
Committee: ITRE
Amendment 271 #

2013/0027(COD)

Proposal for a directive
Article 10 – paragraph 1 – point a
(a) they grow rapidly or may grow rapidly in scale and affect or may affect more than one Member State;
2013/11/19
Committee: ITRE
Amendment 272 #

2013/0027(COD)

Proposal for a directive
Article 10 – paragraph 1 – point c
(c) they affect or may affect more than one Member Stadelete.d
2013/11/19
Committee: ITRE
Amendment 274 #

2013/0027(COD)

Proposal for a directive
Article 10 – paragraph 2
2. In the early warnings, the competent authorities and the Commission shall communicate any relevant information in their possession that may be useful for assessing the risk or incident. Information deemed classified or confidential by the concerned public administration or market operator respectively and the identity of the latter shall only be provided to the degree necessary to assess the risk or incident.
2013/11/19
Committee: ITRE
Amendment 277 #

2013/0027(COD)

Proposal for a directive
Article 10 – paragraph 4
4. Where the risk or incident subject to an early warning is of a suspected serious criminal nature, the competent authorities or the Commission shall inform the European Cybercrime Centre within Europol where appropriate.
2013/11/19
Committee: ITRE
Amendment 280 #

2013/0027(COD)

Proposal for a directive
Article 10 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 18, concerning the further specification of the risks and incidents triggering early warning referred to in paragraph 1.
2013/11/19
Committee: ITRE
Amendment 293 #

2013/0027(COD)

Proposal for a directive
Article 14 – paragraph 1
1. Member States shall ensure that public administrations and market operators take appropriate technical and organisational measures to manage the risks posed to the security of the networks and information systems which they control and use in their operations. Having regard to the state of the artechnological development, these measures shall guaranteensure a level of security appropriate to the risk presented. In particular, appropriate measures shall be taken to prevent and minimise the impact of incidents affecting their network and information system on the core services they provide and thus ensure the continuity of the services underpinned by those networks and information systems.
2013/11/19
Committee: ITRE
Amendment 297 #

2013/0027(COD)

Proposal for a directive
Article 14 – paragraph 2
2. Member States shall ensure that public administrations and market operators notify to the competent authority, in the Member State where the core services are affected, incidents having a significant impact on the security and/or continuity of the core services they provide.
2013/11/19
Committee: ITRE
Amendment 307 #

2013/0027(COD)

Proposal for a directive
Article 14 – paragraph 4
4. The competent authority, after consultation with the concerned public administration or market operator, may inform the public, or require the public administrations and market operators to do so, where it determines that disclosure of the incident is in the public interest and where the latter outweighs any conflicting interests of the public administration or market operator concerned. Once a year, the competent authority shall submit a summary report to the cooperation network on the notifications received and the action taken in accordance with this paragraph.
2013/11/19
Committee: ITRE
Amendment 313 #

2013/0027(COD)

Proposal for a directive
Article 14 – paragraph 6
6. Subject to any delegated act adopted under paragraph 5, the competent authorities may adopt guidelines and, where necessary, issue instructions concerning the circumstances in which public administrations and market operators are required to notify incidents.deleted
2013/11/19
Committee: ITRE
Amendment 321 #

2013/0027(COD)

Proposal for a directive
Article 15 – paragraph 1
1. Member States shall ensure that the competent authorities have all the powers necessary to investigate cases of non-ensure compliance of public administrations or market operators with their obligations under Article 14 and the effects thereof on the security of networks and information systems.
2013/11/19
Committee: ITRE
Amendment 324 #

2013/0027(COD)

Proposal for a directive
Article 15 – paragraph 2 – point b
(b) undergo, where the information provided according to point (a) of this paragraph is not conclusive, a security audit carried out by a qualified independent body or national authority and make the results thereof available to the competent authority.
2013/11/19
Committee: ITRE
Amendment 325 #

2013/0027(COD)

Proposal for a directive
Article 15 – paragraph 3
3. Member States shall ensure that competent authorities have the power to issue binding instructions to market operators and public administrations.deleted
2013/11/19
Committee: ITRE
Amendment 328 #

2013/0027(COD)

Proposal for a directive
Article 15 – paragraph 4
4. The competent authorities shallmay, subsequent to informing the concerned public administration or market operator, notify incidents of a suspected serious criminal nature to law enforcement authorities.
2013/11/19
Committee: ITRE
Amendment 333 #

2013/0027(COD)

Proposal for a directive
Article 16 – paragraph 1
1. To ensure convergent implementation of Article 14(1), Member States shall encourage the use of European and international standards and/or specifications relevant to networks and information security.
2013/11/19
Committee: ITRE
Amendment 336 #

2013/0027(COD)

Proposal for a directive
Article 17 – paragraph 1
1. Member States shall lay down rules on sanctions applicable to negligent and intentional infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The sanctions provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission by the date of transposition of this Directive at the latest and shall notify it without delay of any subsequent amendment affecting them.
2013/11/19
Committee: ITRE
Amendment 348 #

2013/0027(COD)

Proposal for a directive
Annex 2 – paragraph 1 – point 1
1. e-commerce platformsdeleted
2013/11/19
Committee: ITRE
Amendment 350 #

2013/0027(COD)

Proposal for a directive
Annex 2 – paragraph 1 – point 2
2. Internet payment gatewaysdeleted
2013/11/19
Committee: ITRE
Amendment 351 #

2013/0027(COD)

Proposal for a directive
Annex 2 – paragraph 1 – point 3
3. Social networksdeleted
2013/11/19
Committee: ITRE
Amendment 352 #

2013/0027(COD)

Proposal for a directive
Annex 2 – paragraph 1 – point 4
4. Search enginesdeleted
2013/11/19
Committee: ITRE
Amendment 354 #

2013/0027(COD)

Proposal for a directive
Annex 2 – paragraph 1 – point 5
5. Cloud computing servicesdeleted
2013/11/19
Committee: ITRE
Amendment 358 #

2013/0027(COD)

Proposal for a directive
Annex 2 – paragraph 1 – point 5 a (new)
5a. Water services.
2013/11/19
Committee: ITRE
Amendment 361 #

2013/0027(COD)

Proposal for a directive
Annex 2 – paragraph 1 – point 6
6. Application storesdeleted
2013/11/19
Committee: ITRE
Amendment 2 #

2012/2322(INI)

Motion for a resolution
Citation 1 a (new)
- having regard to its resolution on match- fixing and corruption in sports (2013/2567(RSP),
2013/04/18
Committee: IMCO
Amendment 79 #

2012/2322(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas the gambling market includes both online and offline distribution channels, which should be regulated coherently;
2013/04/18
Committee: IMCO
Amendment 99 #

2012/2322(INI)

Motion for a resolution
Paragraph 1
1. Recognises that, based on the principle of subsidiarity, the Member States have the right to determine how the offer of online gambling services is to be organised and regulated at the national level, while observing the basic EU Treaty principles;
2013/04/18
Committee: IMCO
Amendment 110 #

2012/2322(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Emphasises that. according to case- law of the European Court of Justice, Member States may only restrict the fundamental freedoms in the single market where justified on grounds related to the general interest and of a non- economic nature, e. g. consumer protection and the prevention of fraud; such restrictive measures must be suitable and proportionate to reach the desired objectives in a consistent and systematic manner and may not discriminate against foreign operators;
2013/04/18
Committee: IMCO
Amendment 137 #

2012/2322(INI)

Motion for a resolution
Paragraph 3
3. Calls on the Commission to continue to carry out effective checks on compliance with EU law of national laws and practices, and to take legal action against gambling monopolies that do not reduce gambling opportunities or limit promotional activities for gambling ilaunch infringement procedures as soon as possible where Member States refuse to adapt their legislation a cconsistent manner, in line with CJEU case-lawrdingly;
2013/04/18
Committee: IMCO
Amendment 146 #

2012/2322(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Underlines that, according to the jurisprudence of the European Court of Justice, national monopolies must be subject to strict state control and ensure a particularly high level of consumer protection; activities of monopolies must be coherent with the general interest objectives and reduce gambling opportunities in a consistent manner; calls on the Commission to scrutinise expansionist commercial policies in particular;
2013/04/18
Committee: IMCO
Amendment 169 #

2012/2322(INI)

Motion for a resolution
Paragraph 5
5. Emphasises that Member States that open up their online gambling market must provide for a transparent procedure based on objective and non- discriminatory criteria, in full compliance wis to private operators must provide for licensing procedures which comply with the general principles of transparency, equal treatment and legal certainty, as set out in the case-law of the Court of Justice of the EU lawuropean Union;
2013/04/18
Committee: IMCO
Amendment 173 #

2012/2322(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Stresses that Member States who are subject to pending infringement procedures may not implement responsive enforcement measures against operators licensed in another Member State for offering gambling services in their jurisdiction;
2013/04/18
Committee: IMCO
Amendment 177 #

2012/2322(INI)

Motion for a resolution
Paragraph 5 b (new)
5b. Welcomes the initiative by the Commission to create an expert group on gambling to exchange experiences and good practices as well as to provide advice and expertise on the preparation of EU initiatives, notably Recommendations on common protection of consumers, responsible advertising and best practices in the prevention and combating of betting related match fixing;
2013/04/18
Committee: IMCO
Amendment 184 #

2012/2322(INI)

Motion for a resolution
Paragraph 6
6. Calls on the expert group on gambling services and on the Commission to facilitate, as much as possible, the flow of data between regulators in the Member States in order to allow for the establishment of a common system for identifying players and to make self- exclusion mechanisms applicable throughout the EUjoint actions against fraud, match-fixing and illegal gambling operators;
2013/04/18
Committee: IMCO
Amendment 193 #

2012/2322(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Welcomes the Commission's announcement to explore possibilities offered by the IMI regulation to cover the exchange of information/cooperation between Member States by 2013; in addition, encourages the Commission to envisage the inclusion of gambling in existing legal frameworks for cooperation between national authorities, for instance in the field of consumer protection;
2013/04/18
Committee: IMCO
Amendment 203 #

2012/2322(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Calls on the Commission to arrange for the expert group to benefit from the broadest expertise possible in the development of its work, including consultations on best practices with well- regulated third countries and gambling operators where appropriate;
2013/04/18
Committee: IMCO
Amendment 210 #

2012/2322(INI)

Motion for a resolution
Paragraph 8
8. Stresses the importance for the expert group to work towards removing unnecessary administrative burdens that preventincrease costs for legal online operators from offering their services to consumerwhen entering into new markets;
2013/04/18
Committee: IMCO
Amendment 227 #

2012/2322(INI)

Motion for a resolution
Paragraph 9
9. Believes thatEncourages national regulators should be able to agree on equivalence clauses that would facilitate the application ofor national licenses, including agreement on with regard to technical standards for gaming equipment and specific legal requirements for economic operators where appropriate;
2013/04/18
Committee: IMCO
Amendment 233 #

2012/2322(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Notes that certain countries of the Union may wish to continue to work more closely together in order to address cross- border challenges related to gambling more effectively in the near future; invites those countries to consider the possibility of enhanced cooperation, as set out in Article 20 TEU and Articles 326-334 TFEU;
2013/04/18
Committee: IMCO
Amendment 241 #

2012/2322(INI)

Motion for a resolution
Paragraph 10
10. Agrees with the Commission that a fair offer ofn attractive offer of regulated gambling services is necessary for consumer protection, because in its absence consumers are more likely to turn to unreliablegulated gambling websites;
2013/04/18
Committee: IMCO
Amendment 253 #

2012/2322(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Considers the initiative to adopt a Recommendation on consumer protection a pragmatic step in the right direction, given the large differences between national systems; reiterates its claim that, given the cross-border nature of the internet, there is a clear need for common consumer protection standards in the internal market; calls on the Commission to critically assess, after two years, whether the implemented actions have been effective and whether additional, possibly legislative measures are required at EU level;
2013/04/18
Committee: IMCO
Amendment 279 #

2012/2322(INI)

Motion for a resolution
Paragraph 12
12. Believes that the unquantifiable scope of compulsive gambling points to the need for additional research and data, and therefore calls on all Member States toadditional research and data are needed in order to quantify compulsive gambling and the risks associated with different forms of gambling; welcomes the several ongoing and envisaged EU-funded research projects seeking to gather objective scientific evidence that will help policy- makers to identify effective measures to prevent and treat gambling addiction; calls on all Member States to complement these activities and carry out further studies to understand problem gambling, if possible in a coordinated manner;
2013/04/18
Committee: IMCO
Amendment 295 #

2012/2322(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Commission to consider legislation to createexplore the feasibility of an EU-wide self- exclusion register, accessible by national authorities and licensed gambling operators, so that any customer who chooses to exclude him- or herself from one gambling operator has the opportunity to be automatically self- excluded from all other licensed gambling operators; underlines that any mechanism to exchange personal information on problem-gamblers must be subject to strict data protection rules;
2013/04/18
Committee: IMCO
Amendment 315 #

2012/2322(INI)

Motion for a resolution
Paragraph 14
14. Notes that the workshop agreement published in February 2011 by the European Committee for Standardisation (CEN)23 could serve as a basis for identifying the content of common standards, but remains too vague to guarantee a high level of consumer protection throughout the Union; calls on the Commission to consider further developing the agreement, based on its recommendations and involving all relevant stakeholders;
2013/04/18
Committee: IMCO
Amendment 322 #

2012/2322(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Calls on the Commission to consider implementing a compulsory third party identification control to exclude minors or individuals using fake identities from playing. This could inter alia be a control of social security number, bank account information or other unique identifier. This identification should take place before any gambling activity takes place;
2013/04/18
Committee: IMCO
Amendment 336 #

2012/2322(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Calls on the Commission to include in its Recommendation that gambling operators should be obliged to actively promote the use of self-restrictions at the time of registration as well as in case of repeated losses; furthermore the number of gaming accounts should be limited to one per operator;
2013/04/18
Committee: IMCO
Amendment 341 #

2012/2322(INI)

Motion for a resolution
Paragraph 15 b (new)
15b. Welcomes the Commission's initiative to adopt a Recommendation on responsible gambling advertising; calls on the Commission to take into account the fact that minors are normally not a target group for gambling advertising, as they are not entitled to gamble by law; recommends that advertising should not be displayed in relation to content that is specifically targeted at minors;
2013/04/18
Committee: IMCO
Amendment 344 #

2012/2322(INI)

Motion for a resolution
Paragraph 15 c (new)
15c. Calls for the future recommendation on responsible gambling advertising to include common minimum standards which provide sufficient protection for vulnerable consumers while preserving the possibility for gambling operators to sponsor international sports events;
2013/04/18
Committee: IMCO
Amendment 352 #

2012/2322(INI)

Motion for a resolution
Paragraph 16
16. Recommends the introduction of uniform and pan-European common security standards for electronic identification and cross border e- verification services; notes that the different registration procedures across the EU underminecreate administrative burdens for regulated operators, and can push consumers into the hands of illegal operators; calls, therefore, for registract as a deterrent for consumers; welcomes the Commission proposal for a directive on e- identification and idauthentification procedures to be streamlined and made more efficien, which will allow for interoperability of national e-identification schemes where these exist;
2013/04/18
Committee: IMCO
Amendment 358 #

2012/2322(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Underlines that consumer protection measures, which only apply to legal operators and their consumers, should be flanked by a combination of preventive and responsive enforcement measures to reduce the contact of citizens to unauthorised operators; calls on the Commission to explore the option of a legally binding instrument obliging banks, credit card issuers and other payment system participants in the EU to block, on the basis of national white lists, transactions between their clients and gambling providers that are not licensed in their jurisdiction, without hindering legitimate transactions;
2013/04/18
Committee: IMCO
Amendment 365 #

2012/2322(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Welcomes the extension of the scope of the Anti-Money-Laundering Directive to explicitly include all forms of gambling based on a risk-based approach; calls on the Commission to ensure a consistent application of the provisions across the European Union, taking into account the necessity to assess risks on factual grounds;
2013/04/18
Committee: IMCO
Amendment 370 #

2012/2322(INI)

Motion for a resolution
Paragraph 17
17. StressesPoints out the fact that online gambling is a non-cash-based environment and that – given the dependency on third-party financial service providers – additional safeguards against money laundering can be found in the EU's regulatory framework for establishing and licensing financial service providers;
2013/04/18
Committee: IMCO
Amendment 392 #

2012/2322(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Notes that match fixing occurs in both the offline and the online gambling markets; underlines that in the majority of cases online betting related match fixing occurs through gambling operators established in unregulated markets outside the EU;
2013/04/18
Committee: IMCO
Amendment 395 #

2012/2322(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Calls upon all sports governing bodies to commit to good governance practices in order to reduce the risk of falling victim to match-fixing;
2013/04/18
Committee: IMCO
Amendment 403 #

2012/2322(INI)

Motion for a resolution
Paragraph 18 b (new)
18b. Recognises that the provision of sports betting services is a form of commercial use of sports competitions; recommends that Member States should develop models to secure a fair financial return from gambling revenues for the benefit of all levels of professional and amateur sport, but also as a means of strengthening the fight against betting- related match-fixing;
2013/04/18
Committee: IMCO
Amendment 404 #

2012/2322(INI)

Motion for a resolution
Paragraph 18 b (new)
18b. Underlines that improved governance will strengthen sports as well as individual athletes resilience against corruption and fraudulent activities; The implementation of basic principles of good governance, financial and operative transparency and accountability as well as stakeholder involvement are key; Underlines that actions required for an effective fight against match-fixing and other criminal and fraudulent activities in sport must take into account law enforcement, education about the risks related to betting related match-fixing as well as better governance of sports organizations, and should involve all stakeholders;
2013/04/18
Committee: IMCO
Amendment 412 #

2012/2322(INI)

Motion for a resolution
Paragraph 18 c (new)
18c. Stresses the need for strengthened cooperation at EU and global level in the fight against match fixing; calls on the Commission to take the lead on the creation of a global platform for the exchange of information and best practices and coordination of joint prevention and enforcement actions between regulators, sports organisations, police and judicial authorities and gambling operators;
2013/04/18
Committee: IMCO
Amendment 413 #

2012/2322(INI)

Motion for a resolution
Paragraph 18 c (new)
18c. Strongly reiterates the need for more coordination at European level by the Commission. Therefore suggests setting up an anti-match-fixing centre with the task of collecting, exchanging, analysing and disseminating information and evidence about match fixing and corruption in sport, in Europe and beyond; This centre should also gather best practices in the fight against sports corruption and promote concepts of good governance in sports;
2013/04/18
Committee: IMCO
Amendment 418 #

2012/2322(INI)

Motion for a resolution
Paragraph 18 d (new)
18d. Asks the Commission to strongly encourage all the Member States to explicitly include match-fixing in their national criminal law, to provide for appropriate common minimum sanctions and to ensure that existing loopholes are addressed in a manner that fully respects fundamental rights;
2013/04/18
Committee: IMCO
Amendment 421 #

2012/2322(INI)

Motion for a resolution
Paragraph 18 e (new)
18e. Calls on the Commission to assess the risks related to sports betting, such as gambling on corner kicks, free kicks, throw ins and yellow cards;
2013/04/18
Committee: IMCO
Amendment 424 #

2012/2322(INI)

Motion for a resolution
Paragraph 18 f (new)
18f. Highlights, that match-fixing is not always betting related, and that this non- betting related side to match-fixing, which also poses a problem to the integrity of sports, needs to be addressed as well; (For instance the Italian match-fixing scandal in football which was not betting related, but rather cantered around winning the title and getting the right referees for matches.)
2013/04/18
Committee: IMCO
Amendment 9 #

2012/2292(INI)

Motion for a resolution
Citation 17
– having regard to the ILO conventions on labour clauses (public contracts) (No 94) and collective bargaining (No 154),deleted
2013/05/08
Committee: EMPL
Amendment 15 #

2012/2292(INI)

Motion for a resolution
Recital A
A. whereas the number of European transnational company agreements has increased significantly and whereas this indicates that labour relations in Europe are becoming increasingly integratedis comparatively low;
2013/05/08
Committee: EMPL
Amendment 21 #

2012/2292(INI)

Motion for a resolution
Recital B
B. whereas there are no judicial and/or extrajudicial procedures for settling disputes which arise when interpreting and performing these agreexisting transnational company agreements may already contain procedures for judicial and/or extrajudicial dispute settlements;
2013/05/08
Committee: EMPL
Amendment 22 #

2012/2292(INI)

Motion for a resolution
Recital C
C. whereas the legal status of these agreements at European level and in relation to national legal orders is unclear;deleted
2013/05/08
Committee: EMPL
Amendment 26 #

2012/2292(INI)

Motion for a resolution
Recital D
D. whereas there is no legal framework for these agreements either at international or at European level; whereas consideration should be given to whether this is a reason for fewer of these agreements being concluded;
2013/05/08
Committee: EMPL
Amendment 43 #

2012/2292(INI)

Motion for a resolution
Paragraph 1
1. Notes that this resolution is concerned with European transnational company agreements concluded by European trade union federations and European employers or employers’ federations, generally at sectoral level, and that the resolution does not concern international transnational company agreements (ITCA) signed by international trade union federations with undertakings;
2013/05/08
Committee: EMPL
Amendment 52 #

2012/2292(INI)

Motion for a resolution
Paragraph 2
2. Proposes that in the medium tCommission might consider whetherm an optional European legal framework should be adopted for these European transnational company agreements is necessary and useful, and proposes that particular attention be paid to cost efficiency and avoiding additional bureaucracy;
2013/05/08
Committee: EMPL
Amendment 65 #

2012/2292(INI)

Motion for a resolution
Subheading 1
Optional legal framework for European transnational company agreementsdeleted
2013/05/08
Committee: EMPL
Amendment 72 #

2012/2292(INI)

Motion for a resolution
Paragraph 4
4. Proposes that the social partners take as their basis an optional European legal framework in order, even before negotiations at European level, to eliminate certain potential problems at source and in order to have their attention drawn to regulatory solutions which have proved useful and effectiveexchange experience in the field of transnational company agreements;
2013/05/08
Committee: EMPL
Amendment 79 #

2012/2292(INI)

Motion for a resolution
Paragraph 5
5. Stresses that the applicCommission should base its consideration of such an optional legal framework should be optional for the social partnerson voluntary use;
2013/05/08
Committee: EMPL
Amendment 83 #

2012/2292(INI)

Motion for a resolution
Paragraph 6
6. Calls for the representative European trade union federations to negotiate and conclude only European transnational company agreements; observes that, if a European trade union federation has not agreed any internal procedure for issuing a negotiating mandate, agreements may only be concluded by representative national trade unions; considers that European works councils should be fully involved in the negotiations;deleted
2013/05/08
Committee: EMPL
Amendment 94 #

2012/2292(INI)

Motion for a resolution
Paragraph 7
7. Calls for the inclusion of the most favourable clause and the non-regression clause in order to avert the danger that a European transnational company agreement might result in evasion of national collective agreements and national company agreements, or impair them;deleted
2013/05/08
Committee: EMPL
Amendment 101 #

2012/2292(INI)

Motion for a resolution
Paragraph 8
8. Recommends introducing extrajudicial dispute settlement procedures; considers that, in European transnational companyStresses that rules on follow-up, e.g. monitoring, agreements, a first ad hoc contact point at undertaking level should be agreed in order to bring about solutions to conflicts between the contracting partie already contained in some transnational company agreements;
2013/05/08
Committee: EMPL
Amendment 107 #

2012/2292(INI)

Motion for a resolution
Paragraph 9
9. Recommends furthermore, as a second stage, introducing a European extrajudicial dispute resolution agency, to devise and then implement a tenable solution with the participation of the contracting parties, in which context the dispute resolution agency should be convened at the request of the European social partners voluntarily and from case to case in order to settle conflicts extrajudicially;deleted
2013/05/08
Committee: EMPL
Amendment 115 #

2012/2292(INI)

Motion for a resolution
Paragraph 10
10. Recommends, in the medium term, in view of the increasing transnationalisation of industrial relations, establishing over the next few years an independent three-tier system of European labour courts;deleted
2013/05/08
Committee: EMPL
Amendment 127 #

2012/2292(INI)

Motion for a resolution
Paragraph 11
11. Recommends the establishmentProposes examining the added value of a recommendation ofn fundamental criteria for European transnational company agreements which could involve the negotiating parties should discuss and whose outcome they should record in writing, in order to prevent problems of subsequent interpretation and application; notes that the following points, in particular, shcould be covered: the mandating procedure, i.e. clarification of the legitimacy and representativeness of the negotiating parties between which agreements are concluded, the place and date of conclusion of an agreement, substantive and geographical scope, the most favourable clause and the non- regression clause, the period of validity, the preconditions for denouncing the agreement and the dispute settlement procedures;
2013/05/08
Committee: EMPL
Amendment 134 #

2012/2292(INI)

Motion for a resolution
Paragraph 12
12. Draws attention to Complaint No 85/2012, which is pending before the European Committee of Social Rights, in the Laval case, and calls for the right to implementation of cross-border collective measures to be granted;deleted
2013/05/08
Committee: EMPL
Amendment 144 #

2012/2292(INI)

Motion for a resolution
Paragraph 14
14. Instructs its President to forward this resolution to the Council, the Commission, the European Economic and Social Committee, the EU social partners and the national parliaments.
2013/05/08
Committee: EMPL
Amendment 87 #

2012/2259(INI)

Motion for a resolution
Paragraph 2
2. Emphasises that secure, affordable and environmentally sound energy provision is indispensable for the competitiveness of European industry; emphasises that half of the EU power plants will have to be replaced in the coming decade, therefore, that the energy supply system needs to be overhauled and the share of RES increased in a manner that is cost- efficient and without prejudice to supply security;
2012/12/20
Committee: ITRE
Amendment 469 #

2012/2259(INI)

Motion for a resolution
Paragraph 29
29. Is convinced that only an EU-wide system for promoting RES will offer the most cost-effective framework in which their full potential can be realised; stresses, with a view to the differing potential in Europe for various RES technologies due to geographical conditions, the need to incentivise investment in RES where they have the biggest potential, in order to ensure an efficient use of public funding; sees decisive advantages in a technology- neutral European market for renewables, in which producers will have to cover a pre- determined quota of their energy output from RES, and in which one of the ways of reaching that quota will be through the trading of certificates on a market established for that purpose; notes the evidence of experience in the Member States that, in order to ensure quotas are met, heavy fines must be imposed for failure to meet them;
2012/12/20
Committee: ITRE
Amendment 2 #

2012/2132(INI)

Draft opinion
Paragraph -1 a (new)
1a. Welcomes the application by Member States of internal market rules, particularly those concerning the free movement of audiovisual media services and the country of origin principle referred to in Article 2 of Directive 2010/13/EU;
2012/11/28
Committee: IMCO
Amendment 4 #

2012/2132(INI)

Draft opinion
Paragraph 2
2. Considers that Member States should ensure that audiovisual media services are accessible free of charge;
2012/11/28
Committee: IMCO
Amendment 5 #

2012/2132(INI)

Draft opinion
Paragraph 3
3. Believes that cultural diversity and the production of works of art should be considered part of the inalienable rights of freedom of expression and information;deleted
2012/11/28
Committee: IMCO
Amendment 8 #

2012/2132(INI)

Draft opinion
Paragraph 4
4. Stresses that broadcasters should reserve 20 % of their broadcasting time or programming budget for European works created by independent producers, including video on demand;deleted
2012/11/28
Committee: IMCO
Amendment 10 #

2012/2132(INI)

Draft opinion
Paragraph 5
5. Reiterates that the proportion of advertising and teleshopping spots should not exceed 12 minutes per hour; highlights the need to monitor commercial formats devised to skirt this restriction and calls for a ban on advertisingprejudicial advertising, as described in Article 9 of Directive 2010/13/EU, during programmes for children and young people; recommends an analysis of best practice in this field in certain countries as the basis for future reform of the legislative framework; calls on the Commission to update in 2013 its interpretative communication on television advertising to take account of experience gained under the EU Platform for Action on Diet, Physical Activity and Health, and the EU Alcohol and Health Forum;
2012/11/28
Committee: IMCO
Amendment 17 #

2012/2132(INI)

Draft opinion
Paragraph 6
6. Considers that the vagueness of the term ‘platform’ calls for legal safeguards on the inclusion of platform providers, content providers and other service operators among the media covered by this Directive; ConsiDraws attention to the approach adopted in recital 24 of Directive 2010/13/EU, which interprets the concept of 'programme' in a dynamic way, taking into account developments in television broadcasting in orders that the vagueness of the term ‘platform’ calls for legal safeguards on the inclusion of platform providers, content providers and other service operators among the media covered by this Diro prevent disparities as regards free movement and competition and in order to respond to the target audience's expectations vis-à-vis regulatory protectiveon;
2012/11/28
Committee: IMCO
Amendment 18 #

2012/2132(INI)

Draft opinion
Paragraph 6 a (new)
6a. Supports the emphasis in Directive 2010/13/EU on encouraging the introduction of co-regulation and/or self-regulatory regimes, as referred to in Article 4(7).
2012/11/28
Committee: IMCO
Amendment 19 #

2012/2132(INI)

Draft opinion
Paragraph 7
7. Asks that audiovisual media services and their related devices give consideration to the rights of ease of use and consumption; stresses the need to define the concepts of a ‘television service’ and to ensure that it is fully and equally accessible'programme' in order to ensure that these services are fully and equally accessible and that a level playing field applies for all programme providers in the internal market;
2012/11/28
Committee: IMCO
Amendment 3 #

2012/2042(INI)

Motion for a resolution
Recital A
A. whereas 25% of EU SMEs have been internationally active within the single market butwhile only 13% have been internationally active outside the EU; and whereas only 24% of micro firms export goods or services compared to 38% of small firms and 53% of medium- sized firms;
2012/05/15
Committee: ITRE
Amendment 4 #

2012/2042(INI)

Motion for a resolution
Recital B
B. whereas almost onea third of the administrative burdens deriving from EU legislation stems from primarily from disproportionate and inefficient national implementation, which means that up to EUR 40 billion could be saved if Member States would transposed EU legislation more efficiently6 , up to EUR 40 bn could be saved.;
2012/05/15
Committee: ITRE
Amendment 5 #

2012/2042(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas more than 96 % of SMEs in the European Union have fewer than 50 employees and less than EUR 10 Million in annual turnover and whereas their ability to export goods and services outside their national borders is limited, mainly due to high fixed costs linked to international trade, legal insecurity and regulatory fragmentation;
2012/05/15
Committee: ITRE
Amendment 7 #

2012/2042(INI)

Motion for a resolution
Recital C
C. whereas 85% of all new jobs in the EU between 2002 and 2010 were-2010 have been created by SMEs, in particular by new firms; whereas 32.,5 million people in the EU are self- employed;
2012/05/15
Committee: ITRE
Amendment 13 #

2012/2042(INI)

Motion for a resolution
Paragraph 1
1. StressNotes the need to tackle SME market failures such as limitedcommon structural and regulatory challenges faced by SMEs, such as access to financiale, human capital and organisational resources; in this respect welcomes the fact that the Commission endeavours to promote and support SMEs's economic activities in foreign markets both inside and outside the EUthe single market and third country markets;
2012/05/15
Committee: ITRE
Amendment 15 #

2012/2042(INI)

Motion for a resolution
Paragraph 2
2. Emphasises the incredible variety of SMEs and that proper distinctions need to be made between different business cases and needsUnderlines that SMEs are extremely varied; therefore, when designing new policies for SMEs, the Commission should take into account the different challenges faced by companies depending on size and sector;
2012/05/15
Committee: ITRE
Amendment 17 #

2012/2042(INI)

Motion for a resolution
Heading 1 – subheading 1
INFORMATION FMAPPING OF SUPPORT SMEsERVICES
2012/05/15
Committee: ITRE
Amendment 19 #

2012/2042(INI)

Motion for a resolution
Paragraph 3
3. UrgeSupports the Commission´s commitment to launch the multilingual online portal foreseen in the Communication before the end of 2012 , as soon as possible; believes that the portal should be easily accessible and, user- friendly and should not be a duplicateion of existing portals;
2012/05/15
Committee: ITRE
Amendment 21 #

2012/2042(INI)

Motion for a resolution
Paragraph 4
4. Is convinced that the Enterprise Europe Network (EEN) is an effective tool to support SMEs in accessing markets inside and outside the EU; agrees, however, that a new governance model for the EEN is needed, with a view to creating synergies with existing structures run by national or stakeholder organisations, to increase effectiveness and to allowing for tailor- made support; Deleted Or. en (moved to another part)
2012/05/15
Committee: ITRE
Amendment 24 #

2012/2042(INI)

Motion for a resolution
Paragraph 5
5. Is convinced that the EEN will only become the first agency of choice for SMEs in the EU if the functioning and governance of its constituent organisations is strengthened and awareness of its support services raised; Deleted Or. en (moved to another part)
2012/05/15
Committee: ITRE
Amendment 26 #

2012/2042(INI)

Motion for a resolution
Heading 1 – subheading 2
MAPPING OF SUPPORT SERVICES Deleted Or. en (moved to another part)
2012/05/15
Committee: ITRE
Amendment 27 #

2012/2042(INI)

Motion for a resolution
Paragraph 6
6. Shares the view that support programmes funded with public resources should be delivered in the most cost- effective possible form, especially at a time when the EU economy is still recovering from its worst crisis in decades; Deleted Or. en (moved to another part)
2012/05/15
Committee: ITRE
Amendment 29 #

2012/2042(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Supports the proposal that a large number of local, regional, national and European support schemes should undergo a "mapping exercise"; believes that this exercise should also be accompanied with an assessment of the effectiveness of existing EU support schemes; believes that the mapping should be conducted in regular intervals and serve as basis for a benchmark and scoreboard system;
2012/05/15
Committee: ITRE
Amendment 34 #

2012/2042(INI)

Motion for a resolution
Paragraph 8
8. Expects specific proposals by the end of 2012 to rationalise andfrom the Commission, on how to coordinate the EU support schemes and to create the best possible synergies for EU SMEs, based on existing structures where feasible, without creating unnecessary competition withfor SMEs in order to create effective synergies based on existing structures and complementary to measures carried out by national organisations;
2012/05/15
Committee: ITRE
Amendment 36 #

2012/2042(INI)

Motion for a resolution
Heading 1 – subheading 3
IMPROMOTVING EU CLUSTERS AND NETWORKMARKET ACCESS
2012/05/15
Committee: ITRE
Amendment 39 #

2012/2042(INI)

Motion for a resolution
Paragraph 9
9. Supports the Commission's suggestion to enhance cooperation between the various businesscompany associations, chambers of commerce and other private actors active in non-EU countrieactors active in the single market and third countries in order to facilitate business partnerships, promote clusters and access to new markets;
2012/05/15
Committee: ITRE
Amendment 42 #

2012/2042(INI)

Motion for a resolution
Paragraph 10
10. Considers that the creation of joint ventures or other partnership agreements between or with SMEs should be fostered as a strategy for penetrating new markets, developing direct investment projects in the single market and third countries and taking part in invitations to tender; calls on the Commission to mobilise resources in order to promote such transnational cooperation;
2012/05/15
Committee: ITRE
Amendment 43 #

2012/2042(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Calls for increased and more efficient support for SMEs in access to the single market and third country markets at the EU, national and regional level particularly regarding promotion and access to information, the protection of intellectual property rights, participation in public tenders, ICT, standardisation and regulatory issues; believes that the Enterprise Europe Network (EEN) is an effective tool to achieve these objectives; shares the view that, based on a thorough evaluation, a new governance model for EEN should be put in place with the view to increase effectiveness and to help it to provide tailor made support;
2012/05/15
Committee: ITRE
Amendment 45 #

2012/2042(INI)

Motion for a resolution
Paragraph 10 b (new)
10b. Is convinced that SMEs will only use the EEN to the desired extent if the organisations that form the EEN are strengthened and awareness is raised among SMEs of the support services it can provide;
2012/05/15
Committee: ITRE
Amendment 46 #

2012/2042(INI)

Motion for a resolution
Paragraph 10 c (new)
10c. Notes the importance of the creation of a simplified and transparent EU regulatory framework for public procurement, so that SMEs gain better access to public contracts, both within the EU and in third countries;
2012/05/15
Committee: ITRE
Amendment 47 #

2012/2042(INI)

Motion for a resolution
Paragraph 10 d (new)
10d. Supports a European standardisation system that includes SMEs more systematically in the decision making processes, while respecting the proven principle of national delegation; calls for standards to be made more easily available to SMEs and at a lower cost, in order to enable interoperability and mitigate some of the substantial obstacles faced by SMEs going international;
2012/05/15
Committee: ITRE
Amendment 48 #

2012/2042(INI)

Motion for a resolution
Paragraph 10 e (new)
10e. Emphasises that the effective and affordable protection of intellectual property rights (IPR) is key to encourage SMEs to develop new ideas and technologies as a basis for their international activities; in this respect welcomes the promotion of IPR helpdesks;
2012/05/15
Committee: ITRE
Amendment 49 #

2012/2042(INI)

Motion for a resolution
Paragraph 10 f (new)
10f. Encourage Member States to actively support the Commission´s role in boosting SMEs access to third country markets in international forums and conferences;
2012/05/15
Committee: ITRE
Amendment 51 #

2012/2042(INI)

Motion for a resolution
Heading 1 – subheading 4
FUTURE STEPSACCESS TO FINANCE
2012/05/15
Committee: ITRE
Amendment 52 #

2012/2042(INI)

Motion for a resolution
Paragraph 10 a (new) after subheading 4
10a. Shares the view that support programmes funded with public resources should be delivered in the most cost effective possible form, especially at a time when the European economy is still recovering from its worst crisis for decades;
2012/05/15
Committee: ITRE
Amendment 53 #

2012/2042(INI)

Motion for a resolution
Paragraph 10 b (new) after subheading 4
10b. Supports the Commission's suggestion to enhance cooperation between various company associations, chambers of commerce and other actors in outside-EU countries, in order to facilitate business partnerships, promote clusters and access to new markets;
2012/05/15
Committee: ITRE
Amendment 54 #

2012/2042(INI)

Motion for a resolution
Paragraph 11
11. Recommends that the Commission consider all dimensions related to internationalisation, namely exporting and importing; notes that there is not sufficient emphasis on this second dimension in the Communication;Deleted
2012/05/15
Committee: ITRE
Amendment 57 #

2012/2042(INI)

Motion for a resolution
Paragraph 12
12. Calls for a rational use of the budget allocated to the COSME programme and, in particular, underlines the need to further improve access to finance for SMEs; calls for the simplification and rationalisation of the various Community instruments devoted to access to credit or venture capital, in particular for SMEs with internationalisation plans; Deleted Or. en (moved to another part)
2012/05/15
Committee: ITRE
Amendment 62 #

2012/2042(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Believes that any revision of financial markets regulation should enable SMEs to increasingly raise finance through capital markets, in order to be less dependent on bank loans;
2012/05/15
Committee: ITRE
Amendment 63 #

2012/2042(INI)

Motion for a resolution
Paragraph 12 b (new)
12b. Calls for the simplification of EU instruments for SMEs and for them to be made more accessible; notes that all too often, EU programmes can be too bureaucratic to be exploited by SMEs;
2012/05/15
Committee: ITRE
Amendment 64 #

2012/2042(INI)

Motion for a resolution
Paragraph 12 c (new)
12c. Calls for SMEs to be strongly taken into account in ongoing reform of the structural funds, where appropriate and where it contributes to regional framework conditions for growth and to create synergies with other EU programmes and initiatives; believes that red tape needs to be reduced, for example by accepting proportionate corporate auditing and reporting standards and by introducing common rules for all funds and programmes in the revision of the Financial Regulation;
2012/05/15
Committee: ITRE
Amendment 65 #

2012/2042(INI)

Motion for a resolution
Paragraph 12 d (new)
12d. Calls on Member States to implement as soon as possible the late payments directive into national law, to help give additional liquidity to SMEs in the current economic crisis;
2012/05/15
Committee: ITRE
Amendment 66 #

2012/2042(INI)

Motion for a resolution
Paragraph 12 e (new)
12e. Calls for more effective, simpler and better-coordinated EU instruments devoted to access to credit or risk capital in particular for SMEs with internationalisation plans;
2012/05/15
Committee: ITRE
Amendment 67 #

2012/2042(INI)

Motion for a resolution
Paragraph 12 f (new)
12f. Calls for efficient safeguards for SME portfolios, in view of increased capital requirements for banks, as part of the implementation of Basel III and the deleveraging process currently carried out by a number of banks, while considering the cumulative effect of financial services legislation.
2012/05/15
Committee: ITRE
Amendment 68 #

2012/2042(INI)

Motion for a resolution
Paragraph 13
13. Notes the importance of skilled and trained entrepreneurs in facing the challenges of international business; calls on the Commission to promote the ‘Erasmus for young Entrepreneurs’ programme and to look into the possibility of an ‘Erasmus Mundus for entrepreneurs’ to enable talented entrepreneurs to acquire experience in, and to network with, centres of excellence outside the EU; deleted Or. en (moved to another part)
2012/05/15
Committee: ITRE
Amendment 71 #

2012/2042(INI)

Motion for a resolution
Paragraph 14
14. Welcomes the Commission proposal on the review of European standardisation; stresses the need for a more coherent system of international standards to enable interoperability and reduce obstacles to SMEs going international; Deleted Or. en (moved to another part)
2012/05/15
Committee: ITRE
Amendment 75 #

2012/2042(INI)

Motion for a resolution
Paragraph 15
15. Emphasises that a simple and efficient intellectual property rights (IPR) regime is key for promoting the internationalisation of SMEs; considers that SMEs need effective IPR protection to encourage the development of new technologies as the basis for their international activities; Deleted Or. en (moved to another part)
2012/05/15
Committee: ITRE
Amendment 78 #

2012/2042(INI)

Motion for a resolution
Paragraph 16
16. Welcomes the achievement of the 2012 target on minimising administrative burdens; urges the Commission to come up with a new and ambitious reduction target in accordance with the ‘Think Small First’ principleSBA; believes that the new reduction target should be a net target, including all areas affecting SMEs and taking into account new legislation that is adopted after the targets have been set;
2012/05/15
Committee: ITRE
Amendment 85 #

2012/2042(INI)

Motion for a resolution
Paragraph 18
18. Believes that the concept of excluding micro-enterprises by default from any proposed legislation is not an adequate toolshould only be a last resort , where their specific needs cannot be addressed with adapted solutions and lighter regimes; calls instead for the establishment of a micro-dimension as an inherent part of the SME test in which all available options are systematically assessed, such asand for systematically assessing all available options, including exclusion from the scope or from individual provisions of a legislation, extended transition periods or a lighter regime;temporary exemptions as well as a tailor- made legislative approach.
2012/05/15
Committee: ITRE
Amendment 92 #

2012/2042(INI)

Motion for a resolution
Paragraph 19
19. Urges improvements inHighlights the need to improve the efficiency of the transposition of EU legislation into national law; calls on the Commission to consider submitting more legislative proposals in the form of a regulationfor more harmonisation of legislation in order to reduce the scope for gold-plating and a more systematic use of the SME test; asks the Commission to assess theo what extent to which the application of the "checklist for good implementation of EU legislation’7"[1] can be introduced as a requirement for the Member States to the benefit of the single market;
2012/05/15
Committee: ITRE
Amendment 93 #

2012/2042(INI)

Motion for a resolution
Paragraph 20
20. Urges national governments to apply a ‘comply or explain’ approach similar to the corporate governance provisccept correlation tables for the implementation of EU legislations; stresses that, under based on this approach, governments wshould need to duly justify when implementing provisions which are additional to those required by the EU legislation;
2012/05/15
Committee: ITRE
Amendment 94 #

2012/2042(INI)

Motion for a resolution
Paragraph 21
21. Regrets that only a few Member States have integratedsystematically apply an SME tTest into their national decision- making process; calls on the Commission to submit a proposal for minimum requirements for the systematic implementation of SME tests at national level, based on the SME test applied by the Commission as well as on national best practices;
2012/05/15
Committee: ITRE
Amendment 97 #

2012/2042(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Calls for a "fitness check" of existing EU legislation to set aside inconsistencies and outdated or ineffective rules;
2012/05/15
Committee: ITRE
Amendment 98 #

2012/2042(INI)

Motion for a resolution
Paragraph 21 b (new)
21b. Strongly supports the idea of "one in, one out" as a guiding principle for EU single market legislation, to ensure that no new legislation which imposes costs on SMEs can be brought in without the identification of existing regulations within a given field and of an equivalent value that can be removed;
2012/05/15
Committee: ITRE
Amendment 99 #

2012/2042(INI)

Motion for a resolution
Paragraph 22
22. Calls for reinforcement of the role of the SME Envoy network in communication and coordination between Member States, and between national and European level, when transposing legislation; calls for SME Envoys to be independent from individual ministries or directorates- general and to be strongly involvedto be reinforced as it brings real added value to communication and coordination, from policy formulation to the implementation of legislation; calls for a strong involvement of the SME Envoys in the SME test procedures;
2012/05/15
Committee: ITRE
Amendment 102 #

2012/2042(INI)

Motion for a resolution
Paragraph 23
23. Takes note of the current evaluation of the SME definition, which already covers overmore than 99% of all EU businesses; stresses that any modifications should be aimed atcalls on the Commission to examine the impact of increasing flexibility and curbmitigating disincentives to growth (e.g. by considering the criteria as alternative instead of cumulative, and by extending transition periods to 3 years), adapting the turnover and balance sheet ceilings to economic developments, and to allowing for a more differentiated consideration of each of the sub-categories;
2012/05/15
Committee: ITRE
Amendment 105 #

2012/2042(INI)

Motion for a resolution
Paragraph 24
24. Acknowledges the plans to establish a separateCalls on the Commission to examine the potential benefits of complementing the SME definition with a new intermediate category (mid-caps) for companies with up to 1 000 employees; insists that any such new category must not dilute the effectiveness of the SME definition and should be applied in a limited number of areas such as access to funding for R&D or internationalisation activities;
2012/05/15
Committee: ITRE
Amendment 111 #

2012/2042(INI)

Motion for a resolution
Paragraph 25
25. Highlights the Single Market as a key enabler in creating the best possible environment for SMEs; deplores that it is still does not existnot a reality in many areas, in particularly as regards its digital dimension; calls therefore on the Commission to push for the implementation of the digital single market by 2015, to force Member States to applyimplement existing legislation, and to make new proposals where internal market legislation is still missing;
2012/05/15
Committee: ITRE
Amendment 119 #

2012/2042(INI)

Motion for a resolution
Paragraph 27
27. Welcomes the Commission's Communicanew programme for the competitiveness of SME´s (COSME); notes the successful actions on reinforcing the competitiveness of Europe's industries; regrets that neither the concept of competitiveness-proofing nor the ex-post evaluation of legf the CIP that should be continued and further expanded under the new programme, such as the High Level Group of Independent Stakeholders for Administrative Burden Reduction, the Enterprise Europe Network and the financial instruments for the provision of equity and loan financing; stresses that all instruments, in particular the non- financial instruments, should be adopted based on a critical evaluation of the CIP and in close cooperation with SME organislation affecting industry are mentioned; calls on the Commission to report regularly on progress achieved in this fields; stresses the need to allocate a sufficient budget for COSME in the Multiannual Financial Framework, considering in particular the significant market failures with regard to SME financing and the need to increase EU support for business transfers; believes in this regard that the delineation between COSME and Horizon 2020 in terms of activities and budget deserve further consideration to facilitate orientation for SME and to ensure sufficient funding;
2012/05/15
Committee: ITRE
Amendment 124 #

2012/2042(INI)

Motion for a resolution
Paragraph 28
28. Welcomes the fact that the Commission has acknowledged the importaCommission's communication on reinforcing the competitiveness of Europe's industries; regrets that the concept of the manufacturing sector for sustainable growth and employment in the EU in its various strategies and communications; reiterates the need for an integrated industrial policy based on the principles of social market economycompetitiveness-proofing as well as the ex-post evaluation of legislation affecting industry is not mentioned; calls on the Commission to actively apply competitiveness-proofing in its impact assessment and to report regularly on progress achieved in this field; calls on Member States respectively to apply this test when transposing EU legislation into national law;
2012/05/15
Committee: ITRE
Amendment 128 #

2012/2042(INI)

Motion for a resolution
Paragraph 29
29. Considers that the way out of the economic crisis can only be paved by entrepreneurship and SME growth; underlines the importance of addressing the entrepreneurial potential of young people, women and migrantsonly entrepreneurship and the right framework conditions for SMEs competitiveness and growth can pave the way out of the economic crisis; underlines the need to address entrepreneurial potential where the level of SME start ups is below average across all segments of society as well as for specific target group, notably young people and women;
2012/05/15
Committee: ITRE
Amendment 132 #

2012/2042(INI)

Motion for a resolution
Paragraph 29 a (new)
29a. Notes the importance of skilled and trained entrepreneurs in facing the challenges of international business; calls on the Commission to promote the Erasmus for young Entrepreneurs programme as well as to study the possibility of "Erasmus mundus for entrepreneurs" to give the possibility to talented entrepreneurs to acquire experience in centres of excellences outside the EU;
2012/05/15
Committee: ITRE
Amendment 136 #

2012/2042(INI)

Motion for a resolution
Paragraph 30
30. Urges Member States to implement ambitious programmes based on incentives to further promote entrepreneurship; calls for such programmes to include measures that improveing access to finance and markets, to ease administrative requirements and to better include more entrepreneurial education in school curricula at all levels;
2012/05/15
Committee: ITRE
Amendment 147 #

2012/2042(INI)

Motion for a resolution
Paragraph 31
31. Calls on the Commission to establish a roadmap on competitive SME taxation, encouragBelieves that reforms ing Member States to adapt their taxation schemes with a view to lowering the non-labour wage costs for young companieshat lower non-labour wage costs for SMEs, significantly increase their growth potential and may allowing such young companies to keep a larger proportionarts of their profits forgains to be re- investmented in the company; suggests that the roadmap be based on best practices and include pilot projects;
2012/05/15
Committee: ITRE
Amendment 154 #

2012/2042(INI)

Motion for a resolution
Paragraph 32
32. Calls on the Commission and Member States to adopt specifictake concrete measures to promote social entrepreneurship in Europe, in particular through improving access to public and private finance and by improving the mobility and recognition of skilled workerforce and by improving the quality and the availability of corporate social responsibility (CSR) advice for SMEs;
2012/05/15
Committee: ITRE
Amendment 7 #

2012/2030(INI)

Draft opinion
Paragraph 2
2. Emphasises that broadband and the internet areis an important drivers for economic growth, job creation and European competitiveness, as well as boosting online commerce and services, but po; underlintes out that more competition is needed to ensure net neutralityconsumers and businesses need broadband access to take full advantage of the internet;
2012/06/22
Committee: ITRE
Amendment 27 #

2012/2030(INI)

Draft opinion
Paragraph 5
5. Emphasises the importance of ‘one-stop- shops’ for VAT in order to facilitate cross- border e-commerce, in particular for SMEs, and promote e-invoicing; stresses in this regard the need to have the same VAT rates on digital products as on similar physical products or offline services;
2012/06/22
Committee: ITRE
Amendment 32 #

2012/2030(INI)

Draft opinion
Paragraph 5 a (new)
5a. Agrees with the Commission that the current legal framework provided by the e-commerce directive requires no review; however underlines the need for further clarification with a view to the implementation of notice-and-action procedures in case of illegal content;
2012/06/22
Committee: ITRE
Amendment 35 #

2012/2030(INI)

Draft opinion
Paragraph 6
6. Urges the Commission and the Member States to further develop secure and effective e-services; notes, particularly where e-identification and e-signatures are concerned, that cross-border interoperability is necessary in order to boosta prerequisite for the adoption of cross-border e- invoicing solutions;
2012/06/22
Committee: ITRE
Amendment 40 #

2012/2030(INI)

Draft opinion
Paragraph 7
7. Calls on the Member States to draw up national cyber-incident contingency plans to cope with cyber-disruptions or cyber- attacks with cross-border relevance; stresses however that with a view to the interdependency of network infrastructures the development of a European cyber incident contingency plan should be fostered and international cooperation in this area intensified;
2012/06/22
Committee: ITRE
Amendment 57 #

2012/2030(INI)

Draft opinion
Paragraph 10
10. Calls for specific measures to be taken to ensure that SMEs can fully enjoy the potential of broadband in the fields of e- commerce and e-procurement; calls on the Commission to support Member States initiatives to develop e-skills in SMEs and to stimulate innovative, internet-based business models through the Competitiveness and Innovation Programme (CIP) and its future successor, the Programme for the Competitiveness of Enterprises and SMEs (COSME).
2012/06/22
Committee: ITRE
Amendment 74 #

2012/0366(COD)

Proposal for a directive
Recital 18
(18) Considering the Directive's focus on young people, tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobaccotobacco for oral use which are mainly consumed by older consumers, should be granted an exemption from certain ingredients requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people.
2013/05/08
Committee: IMCO
Amendment 103 #

2012/0366(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 4
(4) 'characterising flavour' means a distinguishable aroma or taste other than tobacco, resulting from an additive or combination of additives, including but not limited towith the exception of menthol, including fruit, spice, herb, alcohol, candy, menthol or vanilla observable before or upon intended use of the tobacco product;
2013/05/28
Committee: ITRE
Amendment 123 #

2012/0366(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 30
(30) 'substantial change of circumstances' means an increase of the sales volumes by product category, such as pipe tobacco, cigar, cigarillo, by at least 120% in at least 10the 10 biggest sales volume Member States based on sales data transmitted in accordance with Article 5(4); or an increase of the prevalence level in the consumer group under 25 years of age by at least 5 percentage points in at least 10 Member States for the respective product category based on ____ [this date will be set at the moment of adoption of the Directive] Eurobarometer report or equivalent prevalence studies;
2013/05/28
Committee: ITRE
Amendment 152 #

2012/0366(COD)

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Member States shall require manufacturers and importers of tobacco products to submit to their competent authorities a list of all ingredients, and quantities thereof, used in the manufacture of the tobacco products by brand name and type, as well as their emissions and yields resulting from intended use. Manufacturers or importers shall also inform the competent authorities of the concerned Member States if the composition of a product is modified affecting the information provided under this Article. Information required under this Article shall be submitted prior to the placing of the market of a new or modified tobacco product.
2013/05/28
Committee: ITRE
Amendment 158 #

2012/0366(COD)

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Member States shall prohibit the placing on the market of tobacco products with a characterising flavour where this increases in an appreciable manner at the stage of consumption the toxic or addictive effect of a tobacco product.
2013/05/28
Committee: ITRE
Amendment 177 #

2012/0366(COD)

Proposal for a directive
Article 5 – paragraph 6 c (new)
6c. Tobacco products other than cigarettes and roll-your-own tobacco shall be excluded from information on emissions and values until measuring methods have been developed at Community level.
2013/05/08
Committee: IMCO
Amendment 178 #

2012/0366(COD)

Proposal for a directive
Article 6 – paragraph 3
3. In case the experience gained in the application of paragraphs 1 and 2 shows that a certain additive or a combination thereof typically impart a characterising flavour when it exceeds a certain level of presence or concentration tand where these increase in an appreciable manner at the stage of consumption the toxic or addictive effect of a tobacco product. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to set maximum levels for those additives or combination of additives that cause the characterising flavour.
2013/05/28
Committee: ITRE
Amendment 189 #

2012/0366(COD)

Proposal for a directive
Article 6 – paragraph 5
5. Member States shall prohibit the use of flavourings in the components of tobacco products such as filters, papers, packages, capsules or any technical features allowing modification of flavour or smoke intensity where these increase in an appreciable manner at the stage of consumption the toxic or addictive effect of a tobacco product.. Filters and capsules shall not contain tobacco.
2013/05/28
Committee: ITRE
Amendment 201 #

2012/0366(COD)

Proposal for a directive
Article 6 – paragraph 10
10. Tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco productstobacco for oral use shall be exempted from the prohibitions laid down in paragraphs 1 and 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to withdraw this exemption if there is a substantial change of circumstances as established in a Commission report.
2013/05/08
Committee: IMCO
Amendment 208 #

2012/0366(COD)

Proposal for a directive
Article 6 – paragraph 10
10. Tobacco products other than cigarettes, and roll-your-own tobacco and smokeless tobacco products shall be exempted from the prohibitions laid down in paragraphs 1 and 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to withdraw this exemption if there is a substantial change of circumstances as established in a Commission report.
2013/05/28
Committee: ITRE
Amendment 217 #

2012/0366(COD)

Proposal for a directive
Article 7 – paragraph 3
3. In order to ensure their graphic integrity and visibility, health warnings shall be irremovably printed or irremovably affixed, indelible and in no way hidden or interrupted, including by tax stamps, price marks, tracking and tracing marks, security features or by any type of wrapper, pouch, jacket, box or other device or by the opening of the unit packet.
2013/05/28
Committee: ITRE
Amendment 224 #

2012/0366(COD)

Proposal for a directive
Article 8 – paragraph 3
3. For cigarette packets the general warning and the information message shall be printed on the lateral sides of the unit packets. These warnings shall have a width of not less than 20 mm and a height of not less than 43 mm. For roll-your-own tobacco the information message shall be printed on the surface that becomes visible when opening the unit packet. Both the general warning and the information message shall cover 540% of the surface on which they are printed.
2013/05/28
Committee: ITRE
Amendment 239 #

2012/0366(COD)

Proposal for a directive
Article 9 – paragraph 1 – point c
(c) cover 7540 % of the external area of both the front and back surface of the unit packet and any outside packaging;
2013/05/28
Committee: ITRE
Amendment 249 #

2012/0366(COD)

Proposal for a directive
Article 9 – paragraph 1 – point e
(e) be positioned at the toplower edge of the unit packet and any outside packaging, and in the same direction as any other information appearing on the packaging;
2013/05/28
Committee: ITRE
Amendment 285 #

2012/0366(COD)

Proposal for a directive
Article 10 – paragraph 1 – subparagraph 2
The general warning shall be printed or irremovably affixed on the most visible surface of the unit packet and any outside packaging. The text warnings listed in Annex I shall be rotated in such a way as to guarantee their regular appearance. These warnings shall be printed or affixed on the other most visible surface of the unit packet and any outside packaging.
2013/05/28
Committee: ITRE
Amendment 295 #

2012/0366(COD)

Proposal for a directive
Article 10 – paragraph 4 – point b
(b) centred in the area in which they are required to be printed or affixed, parallel to the top edge of the unit packet and any outside packaging;
2013/05/28
Committee: ITRE
Amendment 304 #

2012/0366(COD)

Proposal for a directive
Article 10 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 22, to withdraw the exemption laid down in paragraph 1 if there is a substantial change of circumstances as established in a Commission report.
2013/05/28
Committee: ITRE
Amendment 307 #

2012/0366(COD)

Proposal for a directive
Article 11 – paragraph 2 – point a
(a) be printed or affixed on the two largest surfaces of the unit packet and any outside packaging;
2013/05/28
Committee: ITRE
Amendment 312 #

2012/0366(COD)

Proposal for a directive
Article 11 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adapt the requirements in paragraphs 1 and 2 taking into account scientific and market developments.
2013/05/28
Committee: ITRE
Amendment 319 #

2012/0366(COD)

Proposal for a directive
Article 12 – paragraph 1 – point c
(c) refers to flavour, taste, any flavourings or other additives or the absence thereof;deleted
2013/05/28
Committee: ITRE
Amendment 330 #

2012/0366(COD)

Proposal for a directive
Article 12 – paragraph 2
2. Prohibited elements and features may include but are not limited to texts, symbols, names, trade marks, figurative or other signs, misleading colours, inserts or other additional material such as adhesive labels, stickers, onserts, scratch-offs and sleeves or relate to the shape of the tobacco product itself. Cigarettes with a diameter of less than 7.5 mm shall be deemed to be misleading.
2013/05/28
Committee: ITRE
Amendment 335 #

2012/0366(COD)

Proposal for a directive
Article 13 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to make either cuboid or cylindric shape mandatory for unit packets of tobacco products other than cigarettes and roll-your-own tobacco if there is a substantial change of circumstances as established in a Commission report.
2013/05/13
Committee: IMCO
Amendment 336 #

2012/0366(COD)

Proposal for a directive
Article 13
Article 13 Appearance and content of unit packets 1. A unit packet of cigarettes shall have a cuboid shape. A unit packet of roll-your- own tobacco shall have the form of a pouch, i.e. a rectangular pocket with a flap that covers the opening. The flap of the pouch shall cover at least 70% of the front of the packet. A unit packet of cigarettes shall include at least 20 cigarettes. A unit packet of roll-your-own tobacco shall contain tobacco weighing at least 40 g. 2. A cigarette packet can be of carton or soft material and shall not contain an opening that can be re-closed or re-sealed after the opening is first opened, other than the flip-top lid. The flip-top lid of a cigarette packet shall be hinged only at the back of the packet. 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to define more detailed rules for the shape and size of unit packets in so far as these rules are necessary to ensure the full visibility and integrity of the health warnings before the first opening, during the opening and after reclosing of the unit packet. 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to make either cuboid or cylindrical shape mandatory for unit packets of tobacco products other than cigarettes and roll-your-own tobacco if there is a substantial change of circumstances as established in a Commission report.deleted
2013/05/28
Committee: ITRE
Amendment 365 #

2012/0366(COD)

Proposal for a directive
Article 14 – paragraph 2 – point j
(j) the identity of all purchasers from manufacturing to the first retail outletcustomer;
2013/05/28
Committee: ITRE
Amendment 366 #

2012/0366(COD)

Proposal for a directive
Article 14 – paragraph 2 – point k
(k) the invoice, order number and payment records of all purchasers from manufacturing to the first retail outletcustomer.
2013/05/28
Committee: ITRE
Amendment 367 #

2012/0366(COD)

Proposal for a directive
Article 14 – paragraph 3
3. Member States shall ensure that all economic operators involved in the trade of tobacco products from the manufacturer to the last economic operator before the first retail outletcustomer, record the entry of all unit packets into their possession, as well as all intermediate movements and the final exit from their possession. This obligation can be fulfilled by recording in aggregated form, e.g. of outside packaging, provided that tracking and tracing of unit packets remains possible.
2013/05/28
Committee: ITRE
Amendment 368 #

2012/0366(COD)

Proposal for a directive
Article 14 – paragraph 4
4. Member States shall ensure that manufacturers of tobacco products provide all economic operators involved in the trade of tobacco products from the manufacturer to the last economic operator before the first retail outletcustomer, including importers, warehouses and transporting companies with the necessary equipment allowing for the recording of the tobacco products purchased, sold, stored, transported or otherwise handled. The equipment shall be able to read and transmit the data electronically to a data storage facility pursuant to paragraph 6.
2013/05/28
Committee: ITRE
Amendment 374 #

2012/0366(COD)

Proposal for a directive
Article 14 – paragraph 10
10. Tobacco products other thanhe application of paragraph 1 to 8 shall for cigarettes and roll-your-own tobacco shall be exempted from the application of paragraph 1 to 8 during a period of 5gin 3 years and for all other tobacco products 7 years following the date referred to in paragraph 1 of Article 25.
2013/05/28
Committee: ITRE
Amendment 409 #

2012/0366(COD)

Proposal for a directive
Article 18
Article 18 Nicotine-containing products 1. The following nicotine-containing products may only be placed on the market if they were authorised pursuant to Directive 2001/83/EC: (a) products with a nicotine level exceeding 2 mg per unit, or (b) products with a nicotine concentration exceeding 4 mg per ml or (c) products whose intended use results in a mean maximum peak plasma concentration exceeding 4 ng of nicotine per ml. 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to update the nicotine quantities set out in paragraph 1 taking into account scientific developments and marketing authorisations granted to nicotine- containing products pursuant to Directive 2001/83/EC. 3. Each unit packet and any outside packaging of nicotine-containing products below the thresholds set out in paragraph 1 shall carry the following health warning: This product contains nicotine and can damage your health. 4. The health warning referred to in paragraph 3 shall comply with the requirements specified in Article 10(4). In addition, it shall: (a) be printed on the two largest surfaces of the unit packet and any outside packaging; (b) cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with three official languages. 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adapt the requirements in paragraphs 3 and 4 taking into account scientific and market developments and to adopt and adapt the position, format, layout, design and rotation of the health warnings.deleted
2013/05/28
Committee: ITRE
Amendment 475 #

2012/0366(COD)

Proposal for a directive
Article 26 – paragraph 1 – point a
(a) tobacco productscigarettes and roll-your-own tobacco;
2013/05/13
Committee: IMCO
Amendment 478 #

2012/0366(COD)

Proposal for a directive
Article 26 – paragraph 1 b (new)
Member States may permit the marketing of other tobacco products, which do not comply with this Directive, until (Publications Office, please insert exact date: entry into force + 36 months).
2013/05/13
Committee: IMCO
Amendment 479 #

2012/0366(COD)

Proposal for a directive
Article 26 – paragraph 1 – point b
(b) nicotine containing products below the threshold set out in Article 18(1);deleted
2013/05/28
Committee: ITRE
Amendment 29 #

2012/0180(COD)

Proposal for a directive
Recital 3
(3) When established in the Union, collecting societies – as service providers – must comply with the national requirements pursuant to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market which seeks to create a legal framework for ensuring the freedom of establishment and the free movement of services between the Member States. This implies that collecting societies should be free to provide their services across borders, to represent rightholders resident or established in other Member States or grant licences to users resident or established in other Member States.deleted
2013/05/16
Committee: ITRE
Amendment 64 #

2012/0180(COD)

Proposal for a directive
Article 3 – paragraph 1 – point a
(a) 'collectingve management society' means any organisation which is authorised by law or by way of assignment, licence or any other contractual arrangement, by more than one rightholder or collective management society, to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members, and acts in the sole collective interest of, and with a fiduciary duty to, its members;
2013/05/16
Committee: ITRE
Amendment 67 #

2012/0180(COD)

Proposal for a directive
Article 3 – paragraph 1 – point c
(c) 'member of a collecting society’' means a rightholder or an entity directly representing rightholders, including other collecting societieve management organisations and associations of rightholders, fulfilling the membership requirements of the collecting societyve management organisation, regardless of its legal form;
2013/05/16
Committee: ITRE
Amendment 69 #

2012/0180(COD)

Proposal for a directive
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, and including any income derived from the investments of rights revenue;
2013/05/16
Committee: ITRE
Amendment 71 #

2012/0180(COD)

Proposal for a directive
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, works or types of works and other subject matter of their choice, for the Member States of their choice, irrespective of the Member State of residence or of establishment or the nationality of either the collecting societyve management organisation or the rightholder.
2013/05/16
Committee: ITRE
Amendment 85 #

2012/0180(COD)

Proposal for a directive
Article 6 – paragraph 2
2. Collecting societies shall accept rightholders as members if they fulfil the membership requirements. Theymanagement societies may only refuse a request for membership on the basis of objective criteria. These criteria shall be included in the statute or the membership terms of the collecting society and shall be made publicly available.
2013/05/16
Committee: ITRE
Amendment 89 #

2012/0180(COD)

Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1
The general meeting shall have the power to decide on the appointment or dismissal of the directors, monitor their general performance and approve their remuneration and other benefits such as non-monetary benefits, pension awards, right to other awards and rights to severance pay.
2013/05/16
Committee: ITRE
Amendment 98 #

2012/0180(COD)

Proposal for a directive
Article 8 – paragraph 2 a (new)
2a. The body entrusted with the supervisory function shall report on the exercise of its responsibilities to the general meeting provided for in Article 7.
2013/05/16
Committee: ITRE
Amendment 109 #

2012/0180(COD)

Proposal for a directive
Article 12 – paragraph 1
1. Member States shall ensure that the collecting society regularly and diligently distributes and pays amounts due to all rightholders it represents. The collecting society shall carry out such distribution and payments no later than 12six months from the end of the financial year in which the rights revenue was collected, unless objective reasons related in particular to reporting by users, the identification of rights, rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting society from respecting this deadline. The collecting society shall carry out such distribution and payments accurately, ensuring equal treatment of all categories of rightholders.
2013/05/16
Committee: ITRE
Amendment 112 #

2012/0180(COD)

Proposal for a directive
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.
2013/05/16
Committee: ITRE
Amendment 114 #

2012/0180(COD)

Proposal for a directive
Article 12 – paragraph 3
3. For the purposes of paragraph 2, measures to identify and locate rightholderthe collective management organisation shall put in place effective measures to identify and locate rightholders while ensuring appropriate safeguards to deter fraud. Such measures shall include verifying membership records and making available regularly and at least annually to the members of the collecting societyve management organisation as well as to the public a list of works and other subject matter for which one or more rightholders have not been identified or located.
2013/05/16
Committee: ITRE
Amendment 116 #

2012/0180(COD)

Proposal for a directive
Article 15 – paragraph 2 – subparagraph 1
Licensing terms shall be based ontake into account objective criteria, in particular in relation to tariffs.
2013/05/16
Committee: ITRE
Amendment 119 #

2012/0180(COD)

Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Tariffs for exclusive rights shall reflectake into account the economic value of the rights in trade and of the service provided by the collecting society.
2013/05/16
Committee: ITRE
Amendment 126 #

2012/0180(COD)

Proposal for a directive
Article 15 a (new)
Article 15a Collective management organisations shall respond to communications from persons requesting a license for online services within a reasonable time period and shall propose a license within 6 months of receiving a request for a license with the relevant information. If a collective management organisation does not comply with these deadlines, the person requesting a license shall be entitled to access dispute resolution pursuant to Articles 35, 36 and 37.
2013/05/16
Committee: ITRE
Amendment 135 #

2012/0180(COD)

Proposal for a directive
Article 18 – paragraph 1 – introductory part
1. Member States shall ensure that a collectingve management society makes the following information available at the request of any rightholder whose rights it represents, any collecting society on whose behalf it manages rights under a representation agreement or any user, by electronic means, without undue delay:
2013/05/16
Committee: ITRE
Amendment 141 #

2012/0180(COD)

Proposal for a directive
Article 19 – paragraph 1 – introductory part
1. Member States shall ensure that a collectingve management society makes public the following information:
2013/05/16
Committee: ITRE
Amendment 142 #

2012/0180(COD)

Proposal for a directive
Article 19 – paragraph 1 – introductory part
1. Member States shall ensure that a collecting societyve management organisation makes public the following information preferably through publicly accessible and searchable interfaces:
2013/05/16
Committee: ITRE
Amendment 155 #

2012/0180(COD)

Proposal for a directive
Article 28 – paragraph 3 a (new)
3a. The Commission shall assess and report to the European Parliament and the Council on the need for sector specific rules, with a view to the implementation of paragraph 3 of Article 101 of the TFEU, covering representation agreements and online rights pools, exchanges of information as well as other forms of cooperation among collective management societies for the purpose of granting and administration of multi- territorial multi-repertoire licences and/or for the purpose of establishing uniform or mutually agreeable tariffs and conditions for such licences.
2013/05/16
Committee: ITRE
Amendment 159 #

2012/0180(COD)

Proposal for a directive
Article 33 – paragraph 1
The requirements under this Title shall not apply to collecting societies which grant, on the basis of the voluntary aggregation of the required rights, in compliance with the competition rules under Articles 101 and 102 TFEU, a multi-territorial licence for the online rights in musical works required by a broadcaster to communicate or make available to the public its radio or television programmes before, simultaneously with or after their initial broadcast as well as any online material produced by the broadcaster which is ancillary to the initial broadcast of its radio or television programme.
2013/05/16
Committee: ITRE
Amendment 163 #

2012/0180(COD)

Proposal for a directive
Article 35 – paragraph 1 a (new)
1a. The administrative costs of seeking recourse to such a dispute resolution shall be reasonable.
2013/05/16
Committee: ITRE
Amendment 63 #

2012/0146(COD)

Proposal for a regulation
Recital 22
(22) To enhance people's trust in the internal market and to promote the use of trust services and products, the notions of qualified trust services and qualified trust service provider should be introduced with a view to indicating requirements and obligations to ensure high-level security of whatever qualified trust services and products are used or provided. Both qualified and advanced electronic signatures may be legally equivalent to handwritten signatures. Nothing in this Regulation shall limit the ability of any natural or legal person to demonstrate with evidence the non-reliability of any form of electronic signature. However, in case of qualified electronic signature the burden of proof when questioning the identity of the signatory shall rest with the contesting party.
2013/05/21
Committee: IMCO
Amendment 69 #

2012/0146(COD)

Proposal for a regulation
Recital 22
(22) To enhance people's trust in the internal market and to promote the use of trust services and products, the notions of qualified trust services and qualified trust service provider should be introduced with a view to indicating requirements and obligations to ensure high-level security of whatever qualified trust services and products are used or provided. Both qualified and advanced electronic signatures may be legally equivalent to handwritten signatures. Nothing in this Regulation should limit the ability of any natural or legal person to demonstrate with evidence the non-reliability of any form of electronic signature. However, in the case of a qualified electronic signature the burden of proof when questioning the identity of the signatory should rest with the contesting party.
2013/05/20
Committee: ITRE
Amendment 75 #

2012/0146(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down rules for electronic identification and electronic trust services for electronic transactions with a view to ensuring the proper functioning of the internal market.
2013/05/21
Committee: IMCO
Amendment 76 #

2012/0146(COD)

Proposal for a regulation
Article 1 – paragraph 3
3. This Regulation establishes a legal framework for electronic signatures, electronic seals, electronic time stamps, electronic documents, and electronic delivery services and website authentication.
2013/05/21
Committee: IMCO
Amendment 78 #

2012/0146(COD)

Proposal for a regulation
Article 1 – paragraph 4
4. This Regulation ensures that qualified and non-qualified trust services and products which comply with this Regulation are permitted to circulate freely in the internal market.
2013/05/21
Committee: IMCO
Amendment 80 #

2012/0146(COD)

Proposal for a regulation
Article 2 – paragraph 1
1. This Regulation applies to electronic identification provided by, on behalf or under the responsibilityrecognized by, issued by or on behalf of Member States and to trust service providers established in the Union.
2013/05/21
Committee: IMCO
Amendment 82 #

2012/0146(COD)

Proposal for a regulation
Article 2 – paragraph 2
2. This Regulation does not apply to the provision of electronic trust services based on voluntthat are only provided for internal purposes within a closed group of parties. Any third party agreements under private lawwishing to contest the validity of such a trust service may not do so solely on the grounds that the trust service did not fulfil the requirements of this Regulation.
2013/05/21
Committee: IMCO
Amendment 86 #

2012/0146(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) 'electronic identification' means the process of using person identification data in electronic form unambiguously representing a natural or legal person either unambiguously or to the degree necessary for the specific purpose;
2013/05/21
Committee: IMCO
Amendment 93 #

2012/0146(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 12
(12) 'trust service' means any electronic service consisting in the creation, verification, validation, handling and preservation of electronic signatures, electronic seals, electronic time stamps, electronic documents, electronic delivery services, website authentication, andor electronic certificates, including certificates for electronic signature and for electronic seals;
2013/05/21
Committee: IMCO
Amendment 96 #

2012/0146(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down rules for electronic identification and electronic trust services for electronic transactions with a view to ensuring the proper functioning of the internal market.
2013/05/20
Committee: ITRE
Amendment 97 #

2012/0146(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 30
(30) ‘qualified certificate for website authentication’ means an attestation which makes it possible to authenticate a website and links the website to the person to whom the certificate is issued, which is issued by a qualified trust service provider and meets the requirements laid down in Annex IV;deleted
2013/05/21
Committee: IMCO
Amendment 99 #

2012/0146(COD)

Proposal for a regulation
Article 1 – paragraph 3
3. This Regulation establishes a legal framework for electronic signatures, electronic seals, electronic time stamps, electronic documents, and electronic delivery services and website authentication.
2013/05/20
Committee: ITRE
Amendment 100 #

2012/0146(COD)

Proposal for a regulation
Article 1 – paragraph 4
4. This Regulation ensures that qualified and non-qualified trust services and products which comply with this Regulation are permitted to circulate freely in the internal market.
2013/05/20
Committee: ITRE
Amendment 101 #

2012/0146(COD)

Proposal for a regulation
Article 2 – paragraph 1
1. This Regulation applies to electronic identification provided by, on behalf or under the responsibilityrecognized by, issued by or on behalf of Member States and to trust service providers established in the Union.
2013/05/20
Committee: ITRE
Amendment 102 #

2012/0146(COD)

Proposal for a regulation
Article 5 – paragraph 1
When an electronic identification using an electronic identification means and authentication is required under national legislation or administrative practice to access a service online, any electronic identification means issued in another Member State falling under a scheme included in the list published by the Commissionof the same or higher security assurance level issued in another Member State, notified pursuant to the procedure referred to in Article 7, shall be recognised and accepted for the purposes of accessing this service online six months following the publication of the list of notified schemes by the Commission.
2013/05/21
Committee: IMCO
Amendment 104 #

2012/0146(COD)

Proposal for a regulation
Article 2 – paragraph 2
2. This Regulation does not apply to the provision of electronic trust services based on voluntthat are only provided for internal purposes within a closed group of parties. Any third party agreements under private lawwishing to contest the validity of such a trust service may not do so solely on the grounds that the trust service did not fulfil the requirements of this Regulation.
2013/05/20
Committee: ITRE
Amendment 107 #

2012/0146(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) the electronic identification means are recognized by, issued by, or on behalf of or under the responsibility of the notifying Member State;
2013/05/21
Committee: IMCO
Amendment 109 #

2012/0146(COD)

Proposal for a regulation
Article 3 – point 1
(1) 'electronic identification' means the process of using person identification data in electronic form unambiguously representing a natural or legal person either unambiguously or to the degree necessary for the specific purpose;
2013/05/20
Committee: ITRE
Amendment 110 #

2012/0146(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) the notifying Member State ensures that the person identification data are attributed unambiguously to the natural or legal person referred to in Article 3 point1 either unambiguously or to the degree necessary for the specific purpose;
2013/05/21
Committee: IMCO
Amendment 112 #

2012/0146(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point d
(d) the notifying Member State ensures the availability of an authentication possibility online, at any time and, in case of access to public services, free of charge so that any relying party outside the territory of this Member State can validate the person identification data received in electronic form. Member States shall not impose any disproportionate specific technical requirements on relying parties established outside of their territory intending to carry out such authentication. When either the notified identification scheme or authentication possibility is breached or partly compromised, Member States shall suspend or revoke without delay the notified identification scheme or authentication possibility or the compromised parts concerned and inform the other Member States and the Commission pursuant to Article 7;
2013/05/21
Committee: IMCO
Amendment 113 #

2012/0146(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point e – introductory part
(e) the notifying Member State takes liability forensures:
2013/05/21
Committee: IMCO
Amendment 114 #

2012/0146(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point e – point i
(i) the unambiguous attribution of the person identification data referred to in point (c), and
2013/05/21
Committee: IMCO
Amendment 119 #

2012/0146(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point a
(a) a description of the notified electronic identification scheme and its security assurance level;
2013/05/21
Committee: IMCO
Amendment 120 #

2012/0146(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point c
(c) information on by whomich entity the registration of the unambiguous person identifiers is managed;
2013/05/21
Committee: IMCO
Amendment 122 #

2012/0146(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point d
(d) a description of the authentication possibility and any technical requirements imposed on relying parties;
2013/05/21
Committee: IMCO
Amendment 125 #

2012/0146(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Six months after the entry into force of the Regulation, the Commission shall publish in the Official Journal of the European Union as well as on a publicly available website the list of the electronic identification schemes which were notified pursuant to paragraph 1 and the basic information thereon.
2013/05/21
Committee: IMCO
Amendment 127 #

2012/0146(COD)

Proposal for a regulation
Article 3 – point 12
(12) ‘trust service’ means any electronic service consisting in the creation, verification, validation, handling and preservation of electronic signatures, electronic seals, electronic time stamps, electronic documents, electronic delivery services, website authentication, andor electronic certificates, including certificates for electronic signature and for electronic seals;
2013/05/20
Committee: ITRE
Amendment 127 #

2012/0146(COD)

Proposal for a regulation
Article 7 a (new)
Article 7a Liability 1. The notifying Member State shall be liable with regard to electronic identification means issued by it or on its behalf for any direct damage caused by non-compliance with obligations under Article 6, unless it can show that it has not acted negligently. 2. The issuer of an electronic identification means recognized and notified by a Member State pursuant to the procedure referred to in Article 7 shall be liable for failure to ensure – (i) the unambiguous attribution of the person identification data, and – (ii) the authentication possibility, unless he can show that he has not acted negligently.
2013/05/21
Committee: IMCO
Amendment 131 #

2012/0146(COD)

Proposal for a regulation
Article 8 – title
Coordination Interoperability and coordination
2013/05/21
Committee: IMCO
Amendment 136 #

2012/0146(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. The Commission shall be empowered to adopt delegatedimplementing acts in accordance with Article 38 concerning the facilitation ofing to the examination procedure referred to in Article 39 (2) establishing standards and technical requirements for cross border interoperability and security of electronic identification means by setting of minimum technical requirements.
2013/05/21
Committee: IMCO
Amendment 137 #

2012/0146(COD)

Proposal for a regulation
Article 3 – point 30
(30) ‘qualified certificate for website authentication’ means an attestation which makes it possible to authenticate a website and links the website to the person to whom the certificate is issued, which is issued by a qualified trust service provider and meets the requirements laid down in Annex IV;deleted
2013/05/20
Committee: ITRE
Amendment 139 #

2012/0146(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. A trust service provider shall be liable for any direct damage caused to any natural or legal person due to failure to comply with the obligations laid down in Article 15(1), unless the trust service provider can prove that he has not acted negligently.deleted
2013/05/21
Committee: IMCO
Amendment 143 #

2012/0146(COD)

Proposal for a regulation
Article 9 – paragraph 2 - subparagraph 1
2. A qualified trust service provider shall be liable for: (a) any direct damage caused to any natural or legal person due to failure to meet the requirements laid down in this Regulation, in particular in Article 19, unless the qualified trust service provider can prove that he has not acted negligently. (b) point (a) shall apply mutatis mutandis where he guaranteed, pursuant to Article 11 paragraph 1 point (b), for the compliance with the requirements of this Regulation by a qualified trust service provider established in a third country, unless the qualified trust service provider established in the Union can prove that the former has not acted negligently.
2013/05/21
Committee: IMCO
Amendment 145 #

2012/0146(COD)

Proposal for a regulation
Article 5
When an electronic identification using an electronic identification means and authentication is required under national legislation or administrative practice to access a service online, any electronic identification means issued in another Member State falling under a scheme included in the list published by the Commissionof the same or higher security assurance level issued in another Member State, notified pursuant to the procedure referred to in Article 7, shall be recognised and accepted for the purposes of accessing this service online 6 months following the publishing of the list of notified schemes by the Commission.
2013/05/20
Committee: ITRE
Amendment 146 #

2012/0146(COD)

Proposal for a regulation
Article 10 – title
TQualified trust services providers from thirdcountries third countries
2013/05/21
Committee: IMCO
Amendment 147 #

2012/0146(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. Qualified trust services and qualified certificates provided by qualified trust service providers established in a third country shall be accepted as qualified trust services and qualified certificates provided by a qualified trust service providers established in the territory of the Union if: (a) the qualified trust service provider fulfils the requirements laid down in this Regulation and has been accredited under a voluntary accreditation scheme established in a Member State; or (b) the qualified trust service provider established within the Union which fulfils the requirements laid down in this Regulation guarantees the compliance with the requirements laid down in this Regulation; or (c) the qualified trust services or qualified certificates originating from the third country are recognised under an agreement between the Union and third countries or international organisations in accordance with Article 218 TFUE.
2013/05/21
Committee: IMCO
Amendment 154 #

2012/0146(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) the electronic identification means are issued by, on behalf of or under the responsibilityrecognised by, issued by or on behalf of the notifying Member State;
2013/05/20
Committee: ITRE
Amendment 156 #

2012/0146(COD)

Proposal for a regulation
Article 11 – paragraph 4 a (new)
4a. Processing of personal data by or on behalf of the trust service provider, where strictly necessary to ensure network and information security for the purpose of complying with the requirements of Articles 11, 15, 16 and 19, shall be considered a legitimate interest in the meaning of Article 7 paragraph (f) of Directive 95/46/EC.
2013/05/21
Committee: IMCO
Amendment 160 #

2012/0146(COD)

Proposal for a regulation
Article 12
Trust services provided and end user products used in the provision of those services shall be made accessible for persons with disabilities whenever reasonably possible.
2013/05/21
Committee: IMCO
Amendment 161 #

2012/0146(COD)

Proposal for a regulation
Article 13 – paragraph 1
1. Member States shall designate an appropriate supervisory body established in their territory or, upon mutual agreement, in another Member State under the responsibility of the designating Member State. Supervisory bodies shall be given all supervisory and investigatory powers that areThe designated supervisory body, its addresses and the names of responsible persons shall be communicated to the Commission. Supervisory bodies shall be given adequate resources necessary for the exercise of their tasks.
2013/05/21
Committee: IMCO
Amendment 162 #

2012/0146(COD)

Proposal for a regulation
Article 13 – paragraph 2 – introductory part
2. The supervisory body shall be responsible for the performance ofperform the following tasks:
2013/05/21
Committee: IMCO
Amendment 163 #

2012/0146(COD)

Proposal for a regulation
Article 13 – paragraph 2 – point a
(a) monitoringensuring that trust service providers and qualified trust service providers established in the territory of the designating Member State to ensure that they fulfil the requirements laid down in Article 15of this Regulation;
2013/05/21
Committee: IMCO
Amendment 164 #

2012/0146(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) the notifying Member State ensures that the person identification data are attributed unambiguously to the natural or legal person referred to in Article 3 point 1 either unambiguously or to the degree necessary for the specific purpose;
2013/05/20
Committee: ITRE
Amendment 165 #

2012/0146(COD)

Proposal for a regulation
Article 13 – paragraph 2 – point b
(b) undertaking supervision of qualified trust service providers established in the territory of the designating Member State and of the qualified trust services they provide in order to ensure that they and the qualified trust services provided by them meet the applicable requirements laid down in this Regulation;deleted
2013/05/21
Committee: IMCO
Amendment 166 #

2012/0146(COD)

Proposal for a regulation
Article 13 – paragraph 2 – point c
(c) ensuring that relevant information and data referred to in point (g) of Article 19(2), and recorded by qualified trust service providers are preserved and kept accessible after the activities of a qualified trust service provider have ceased, for an appropriate time, in particular considering the validity period of the services, with a view to guaranteeing continuity of the service.
2013/05/21
Committee: IMCO
Amendment 167 #

2012/0146(COD)

Proposal for a regulation
Article 13 – paragraph 3 – point c
(c) statistics on the market and usage of qualified trust services, including information on qualified trust service providers themselves, the qualified trust services they provide, the products they use and the general description of their customers.deleted
2013/05/21
Committee: IMCO
Amendment 168 #

2012/0146(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point d
(d) the notifying Member State ensures the availability of an authentication possibility online, at any time and, in case of access to public services, free of charge so that any relying party outside the territory of this Member State can validate the person identification data received in electronic form. Member States shall not impose any disproportionate specific technical requirements on relying parties established outside of their territory intending to carry out such authentication. When either the notified identification scheme or authentication possibility is breached or partly compromised, Member States shall suspend or revoke without delay the notified identification scheme or authentication possibility or the compromised parts concerned and inform the other Member States and the Commission pursuant to Article 7;
2013/05/20
Committee: ITRE
Amendment 168 #

2012/0146(COD)

Proposal for a regulation
Article 13 – paragraph 4
4. Member States shall notify to the Commission and other Member States the names and the addresses of their respective designated supervisory bodies.deleted
2013/05/21
Committee: IMCO
Amendment 172 #

2012/0146(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point e – introductory part
(e) the notifying Member State takes liability forensures:
2013/05/20
Committee: ITRE
Amendment 172 #

2012/0146(COD)

Proposal for a regulation
Article 13 – paragraph 6
6. The Commission may, by means of implementing acts, define the circumstances, formats and procedures for the report referred to in paragraph 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).
2013/05/21
Committee: IMCO
Amendment 174 #

2012/0146(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point e – point i
(i) the unambiguous attribution of the person identification data referred to in point (c), and
2013/05/20
Committee: ITRE
Amendment 174 #

2012/0146(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. Supervisory bodies shall cooperate with a view to exchangeing good practice and provide each other, within the shortest possible time, with relevant information and mutual. They shall, upon justified requests, provide each other with assistance so that activities can be carried out in a consistent manner. MutualRequests for assistance shallmay cover, in particular, information requests and supervisory measures, such as requests to carry out inspections related to the securitycompliance audits as referred to in Articles 15, 16 and 17.
2013/05/21
Committee: IMCO
Amendment 175 #

2012/0146(COD)

Proposal for a regulation
Article 14 – paragraph 2 – introductory part
2. A supervisory body to whichmay refuse a request for assistance is addressed may not refuse to comply with it unlessf:
2013/05/21
Committee: IMCO
Amendment 176 #

2012/0146(COD)

Proposal for a regulation
Article 14 – paragraph 2 – point b
(b) compliance with the request would be incompatible withgo beyond the tasks and powers of the supervisory body set out in this Regulation.
2013/05/21
Committee: IMCO
Amendment 178 #

2012/0146(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point a
(a) a description of the notified electronic identification scheme and its security assurance level;
2013/05/20
Committee: ITRE
Amendment 179 #

2012/0146(COD)

Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1
3. Where appropriate, supervisory bodies may carry out joint investigations in which staff from other Member States’ supervisory bodies is involvedsupervisory actions.
2013/05/21
Committee: IMCO
Amendment 180 #

2012/0146(COD)

Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2
The supervisory body of the Member State where the investigation is to take place, in compliance with its own national law, may devolve investigative tasks to the assisted supervisory body's staff. Such powers may be exercised only under the guidance and in the presence of staff from the host supervisory body. The assisted supervisory body's staff shall be subject to the host supervisory body's national law. The host supervisory body shall assume responsibility for the assisted supervisory body staff's actions.deleted
2013/05/21
Committee: IMCO
Amendment 181 #

2012/0146(COD)

Proposal for a regulation
Article 14 – paragraph 4
4. The Commission may, by means of implementing acts, specify the formats and procedures for the mutual assistance provided for in this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).deleted
2013/05/21
Committee: IMCO
Amendment 183 #

2012/0146(COD)

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
1. Trust service providers who are established in the territory of the Union shall take appropriate technical and organisational measures to manage the risks posed to the security of the trust services they provide. Having regard to state of the art, these measures shall ensure that thethe technological development, these measures shall fully respect the data protection rights and ensure a level of security is appropriate to the degree of risk. In particular, measures shall be taken to prevent and minimise the impact of security incidents and inform stakeholders of adverse effects of any significant incidents.
2013/05/21
Committee: IMCO
Amendment 184 #

2012/0146(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point c
(c) information on by whomwhich entity the registration of the unambiguous person identifiers is managed;
2013/05/20
Committee: ITRE
Amendment 184 #

2012/0146(COD)

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Without prejudice to Article 16(1), any trust service provider mayshall, without undue delay and not later than 6 months following the commencement of its activities, submit the report of a securitycompliance audit carried out by a recognised independent body to the supervisory body to confirm that appropriate security measures have been taken.
2013/05/21
Committee: IMCO
Amendment 185 #

2012/0146(COD)

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
1. Trust service providers shall, without undue delay and where feasible not later than 24 hours after having become aware of it, notify the competent supervisory body and, where appropriate, the competent national body for information security and other relevant third parties such as data protection authorities of any breach of security or loss of integrity that has a significant impact on the trust service provided and on the personal data maintained therein.
2013/05/21
Committee: IMCO
Amendment 186 #

2012/0146(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point d
(d) a description of the authentication possibility and any technical requirements imposed on relying parties;
2013/05/20
Committee: ITRE
Amendment 186 #

2012/0146(COD)

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
Where appropriate, in particular if a breach of security or loss of integrity concerns two or more Member States, the supervisory body concerned shall inform supervisory bodies in otherse Member States and the European Network and Information Security Agency (ENISA).
2013/05/21
Committee: IMCO
Amendment 188 #

2012/0146(COD)

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 3
The supervisory body concerned, in consultation with the trust service provider, may also inform the public or require the trust service provider to do so, where it determines that disclosure of the breach is in the public interest.
2013/05/21
Committee: IMCO
Amendment 189 #

2012/0146(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. In order to implementensure compliance with paragraphs 1 and 2, the competent supervisory body shall have the power to issue binding instructions to trust service providers.
2013/05/21
Committee: IMCO
Amendment 190 #

2012/0146(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Six months after the entry into force of the Regulation, the Commission shall publish in the Official Journal of the European Union as well as on a publicly available website the list of the electronic identification schemes which were notified pursuant to paragraph 1 and the basic information thereon.
2013/05/20
Committee: ITRE
Amendment 190 #

2012/0146(COD)

Proposal for a regulation
Article 15 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts, in accordance with Article 38, concerning the further specification of the measures referred to in paragraph 1.
2013/05/21
Committee: IMCO
Amendment 191 #

2012/0146(COD)

Proposal for a regulation
Article 15 – paragraph 6
6. The Commission may, by means of implementing acts, define the circumstances,further specification of the measures referred to in paragraph 1 and formats and procedures, including deadlines, applicable for the purpose of paragraphs 1 to 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).
2013/05/21
Committee: IMCO
Amendment 193 #

2012/0146(COD)

Proposal for a regulation
Article 7 a (new)
Article 7a Liability 1. The notifying Member State shall be liable with regard to electronic identification means issued by it or on its behalf for any direct damage caused by non-compliance with obligations under Article 6, unless it can show that it has not acted negligently. 2. The issuer of an electronic identification means recognized and notified by a Member State pursuant to the procedure referred to in Article 7 shall be liable for failure to ensure – (i) the unambiguous attribution of the person identification data, and – (ii) the authentication possibility, unless he can show that he has not acted negligently.
2013/05/20
Committee: ITRE
Amendment 194 #

2012/0146(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. Qualified trust service providers shall be audited by a recognised independent body once a yearevery two years and following any significant technological or organizational changes to confirm that they and the qualified trust services provided by them fulfil the requirements set out in this Regulation, and shall submit the resulting securitycompliance audit report to the supervisory body.
2013/05/21
Committee: IMCO
Amendment 195 #

2012/0146(COD)

Proposal for a regulation
Article 8 – title
CInteroperability and coordination
2013/05/20
Committee: ITRE
Amendment 195 #

2012/0146(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. Without prejudice to paragraph 1, in case of substantiated doubts, the supervisory body may at any time audit the qualified trust service providers to confirm that they and the qualified trust services provided by them still meet the conditions set out in this Regulation, either on its own initiative or in response to a request from the Commissiona supervisory body in another Member State. The supervisory body shall inform the data protection authorities of the results of its audits, in case personal data protection rules appear to have been breached.
2013/05/21
Committee: IMCO
Amendment 197 #

2012/0146(COD)

Proposal for a regulation
Article 16 – paragraph 3
3. The supervisory body shall have the power to issue binding instructions to qualified trust service providers to remedy any failure to fulfil the requirements indicated in the security audit reportset out in this Regulation.
2013/05/21
Committee: IMCO
Amendment 199 #

2012/0146(COD)

Proposal for a regulation
Article 16 – paragraph 6
6. The Commission may, by means of implementing acts, define the circumstances, procedures and formats applicable for the purpose of paragraphs 1, 2 and 4. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).
2013/05/21
Committee: IMCO
Amendment 202 #

2012/0146(COD)

Proposal for a regulation
Article 17 – paragraph 1
1. Qualified tTrust service providers shall notify the supervisory body of their intention to start providinge a qualified trust service and shall submit to the supervisory body a security audit report carried out by a recognised independent body, as provided for in Article 16(1). Qualified trust service providers may start to provide the qualified trust service after they have submitted the notification and security audit report to the supervisory body.
2013/05/21
Committee: IMCO
Amendment 204 #

2012/0146(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. The Commission shall, be empowered to adopt delegated acts in accordance with Article 38 concerning the facilitation ofy means of implementing acts, establish standards and technical requirements for cross border interoperability and security of electronic identification means by setting of minimum technical requirements.. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2)
2013/05/20
Committee: ITRE
Amendment 205 #

2012/0146(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. A trust service provider shall be liable for any direct damage caused to any natural or legal person due to failure to comply with the obligations laid down in Article 15(1), unless the trust service provider can prove that he has not acted negligently.deleted
2013/05/20
Committee: ITRE
Amendment 205 #

2012/0146(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. Once the relevant documents are submitted to the supervisory body according to paragraph 1, the qualified service providers shall be included in the trusted lists referred to in Article 18 indicating that the notification has been submittedaccording to paragraph 1, the supervisory body shall verify the compliance of the trust service provider and of the trust services to be provided by it with the requirements of this Regulation. If the verification process confirms compliance, the supervisory body shall grant the status of a qualified trust service provider and the qualified trust service provider may start to provide the qualified trust service.
2013/05/21
Committee: IMCO
Amendment 206 #

2012/0146(COD)

Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1
The supervisory body shall verify the compliance of the qualified trust service provider and of the qualified trust services provided by it with the requirements of the Regulation.deleted
2013/05/21
Committee: IMCO
Amendment 210 #

2012/0146(COD)

Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 2
The supervisory body shall indicate the qualified status of the qualified service providers and the qualified trust services they provide in the trusted lists after the positive conclusion of the verification, not later than one month after the notification has been done in accordance with paragraph 1 process without undue delay and not later than two weeks.
2013/05/21
Committee: IMCO
Amendment 211 #

2012/0146(COD)

Proposal for a regulation
Article 9 – paragraph 2 a (new)
2a. Paragraph 2 shall apply mutatis mutandis where he guaranteed, pursuant to Article 11 paragraph 1 point (b), for the compliance with the requirements of this Regulation by a qualified trust service provider established in a third country, unless the qualified trust service provider established in the Union can prove that the former has not acted negligently.
2013/05/20
Committee: ITRE
Amendment 211 #

2012/0146(COD)

Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 3
If the verification is not concluded within one month, the supervisory body shall inform the qualified trust service provider specifying the reasons of the delay and the period by which the verification shall be concluded. The total period may not exceed 3 months.
2013/05/21
Committee: IMCO
Amendment 212 #

2012/0146(COD)

Proposal for a regulation
Article 17 – paragraph 4
4. A qualified trust service which has been subject to the notification referred to in paragraph 1 cannot be refused for the fulfilment of an administrative procedure or formality by the concerned public sector body for not being included in the lists referred to in paragraph 3.deleted
2013/05/21
Committee: IMCO
Amendment 214 #

2012/0146(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. The Commission may, by means of implementing acts, define the circumstances, formats and procedures for the purpose of paragraphs 1, 2 and.3 Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).
2013/05/21
Committee: IMCO
Amendment 216 #

2012/0146(COD)

Proposal for a regulation
Article 10 – title
TQualified trust services providers from third countries
2013/05/20
Committee: ITRE
Amendment 216 #

2012/0146(COD)

Proposal for a regulation
Article 18 – paragraph 2
2. Member States shall establish, maintain and publish, in a secure manner, electronically signed or sealed trusted lists provided for in paragraph 1 in a form suitable for automated processing. of both the list itself as well as the individual certificates.
2013/05/21
Committee: IMCO
Amendment 217 #

2012/0146(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. Qualified trust services and qualified certificates provided by qualified trust service providers established in a third country shall be accepted as qualified trust services and qualified certificates provided by a qualified trust service providers established in the territory of the Union if: (a) the qualified trust service provider fulfils the requirements laid down in this Regulation and has been accredited under a voluntary accreditation scheme established in a Member State; or (b) a qualified trust service provider established within the Union which fulfils the requirements laid down in this Regulation guarantees the compliance with the requirements of this Regulation; or (c) the qualified trust services or qualified certificates originating from the third country are recognised under an agreement between the Union and third countries or international organisations in accordance with Article 218 TFUE.
2013/05/20
Committee: ITRE
Amendment 217 #

2012/0146(COD)

Proposal for a regulation
Article 18 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 concerning the definition of the information referred to in paragraph 1.
2013/05/21
Committee: IMCO
Amendment 218 #

2012/0146(COD)

Proposal for a regulation
Article 18 – paragraph 6
6. The Commission may, by means of implementing acts, specify the information referred to in paragraph and define the technical specifications and formats for trusted lists applicable for the purposes of paragraphs 1 to 4. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).
2013/05/21
Committee: IMCO
Amendment 219 #

2012/0146(COD)

Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
When issuing a qualified certificate, a qualified trust service provider shall verify, by appropriate means and in accordance with national and Union law, the identity and, if applicable, any specific attributes of the natural or legal person to whom a qualified certificate is issued.
2013/05/21
Committee: IMCO
Amendment 220 #

2012/0146(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point b
(b) bear the risk of liability for damages byshall take appropriate precautions with regard to its liability for damages under this Regulation by, in particular, maintaining sufficient financial resources or by an appropriateeffecting a liability insurance scheme;
2013/05/21
Committee: IMCO
Amendment 222 #

2012/0146(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point d
(d) use trustworthy systems and products which are protected against unauthorized modification and guarantee the technical security and reliability of the process supported by them;
2013/05/21
Committee: IMCO
Amendment 223 #

2012/0146(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point e – introductory part
(e) use trustworthy systems to store data provided to them, in a verifiable form so that:
2013/05/21
Committee: IMCO
Amendment 225 #

2012/0146(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point e – indent 1
– they are publicly available for retrieval only where national or Union law allows for this or where the consent of the person to whom the data has been issued has been obtained,
2013/05/21
Committee: IMCO
Amendment 226 #

2012/0146(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point g
(g) record for an appropriate period of time, regardless of whether the qualified trust service provider has ceased to provide qualified trust services, all relevant information concerning data issued and received by the qualified trust service provider, in particular for the purpose of providing evidence in legal proceedings. Such recording may be done electronically;
2013/05/21
Committee: IMCO
Amendment 227 #

2012/0146(COD)

Proposal for a regulation
Article 11 – paragraph 4 a (new)
4 a. Processing of personal data by or on behalf of the trust service provider, where strictly necessary to ensure network and information security for the purpose of complying with the requirements of Articles 11, 15, 16 and 19, shall be considered a legitimate interest in the meaning of point (f) of Article 7 of Directive 95/46/EC.
2013/05/20
Committee: ITRE
Amendment 228 #

2012/0146(COD)

Proposal for a regulation
Article 19 – paragraph 3
3. Qualified trust service providers issuing qualified certificates shall register in their certificate database the revocation of the certificate within ten minutes after such revocation has taken effectout undue delay.
2013/05/21
Committee: IMCO
Amendment 229 #

2012/0146(COD)

Proposal for a regulation
Article 19 – paragraph 4
4. With regard to paragraph 3, qualified trust service providers issuing qualified certificates shall provide to any relying party information on the validity or revocation status of qualified certificates issued by them. This information shall be made available at any time at least on a certificate basis in an automated manner which is reliable, free of charge and efficient.
2013/05/21
Committee: IMCO
Amendment 230 #

2012/0146(COD)

Proposal for a regulation
Article 12
Trust services provided and end user products used in the provision of those services shall be made accessible for persons with disabilities whenever reasonably possible.
2013/05/20
Committee: ITRE
Amendment 231 #

2012/0146(COD)

Proposal for a regulation
Article 19 – paragraph 5
5. The Commission may, by means of implementing acts, establish reference numbers of standards for trustworthy systems and products. C, for which compliance with the requirements laid down in Article 19 shall be presumed where trustworthy systems and products meet those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). The Commission shall publish those acts in the Official Journal of the European Union.
2013/05/21
Committee: IMCO
Amendment 232 #

2012/0146(COD)

Proposal for a regulation
Article 13 – paragraph 1
1. Member States shall designate an appropriate supervisory body established in their territory or, upon mutual agreement, in another Member State under the responsibility of the designating Member State. Supervisory bodies shall be given all supervisory and investigatory powers that areThe designated supervisory body, its addresses and the names of responsible persons shall be communicated to the Commission. Supervisory bodies shall be given adequate resources necessary for the exercise of their tasks.
2013/05/20
Committee: ITRE
Amendment 235 #

2012/0146(COD)

Proposal for a regulation
Article 13 – paragraph 2 – introductory part
2. The supervisory body shall be responsible for the performance ofperform the following tasks:
2013/05/20
Committee: ITRE
Amendment 235 #

2012/0146(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. A qualified electronic signature shall have the equivalent legal effect of a handwritten signature.satisfy the legal requirements of a signature in relation to data in electronic form in the same manner as a handwritten signature satisfies those requirements in relation to paper-based data;
2013/05/21
Committee: IMCO
Amendment 236 #

2012/0146(COD)

Proposal for a regulation
Article 13 – paragraph 2 – point a
(a) monitoringensuring that trust service providers and qualified trust service providers established in the territory of the designating Member State to ensure that they fulfil the requirements laid down in Article 15of this Regulation;
2013/05/20
Committee: ITRE
Amendment 239 #

2012/0146(COD)

Proposal for a regulation
Article 13 – paragraph 2 – point b
(b) undertaking supervision of qualified trust service providers established in the territory of the designating Member State and of the qualified trust services they provide in order to ensure that they and the qualified trust services provided by them meet the applicable requirements laid down in this Regulation;deleted
2013/05/20
Committee: ITRE
Amendment 239 #

2012/0146(COD)

Proposal for a regulation
Article 20 – paragraph 3
3. Qualified electronic signatures shall be recognised and accepted in all Member States.deleted
2013/05/21
Committee: IMCO
Amendment 244 #

2012/0146(COD)

Proposal for a regulation
Article 20 – paragraph 4
4. If an electronic signature with a security assurance level below qualified electronic signature is required, in particular by a Member State for accessing a service online offered by a public sector body, on the basis of an appropriate assessment of the risks involved in such a service, all electronic signatures matching at least the same security assurance level shall be recognised and accepted.
2013/05/21
Committee: IMCO
Amendment 245 #

2012/0146(COD)

Proposal for a regulation
Article 13 – paragraph 2 – point c
(c) ensuring that relevant information and data referred to in point (g) of Article 19(2), and recorded by qualified trust service providers are preserved and kept accessible after the activities of a qualified trust service provider have ceased, for an appropriate time, in particular considering the validity period of the services, with a view to guaranteeing continuity of the service.
2013/05/20
Committee: ITRE
Amendment 245 #

2012/0146(COD)

Proposal for a regulation
Article 20 – paragraph 6
6. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 concerning the definition of the different security levels of electronic signature referred to in paragraph 4.
2013/05/21
Committee: IMCO
Amendment 247 #

2012/0146(COD)

Proposal for a regulation
Article 20 – paragraph 7
7. The Commission mayshall, by means of implementing acts, establish definitions of the different security levels of electronic signatures referred to in paragraph 4 and reference numbers of standards for the security levels of electronic signatures. Compliance with thea defined security level defined in a delegated act adopted pursuant to paragraph 6 shall be presumed when an electronic signature meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). The Commission shall publish those acts in the Official Journal of the European Union.
2013/05/21
Committee: IMCO
Amendment 248 #

2012/0146(COD)

Proposal for a regulation
Article 21 – paragraph 2
2. Qualified certificates for electronic signature for cross border use shall not be subject to any mandatory requirement exceeding the requirements laid down in Annex I.
2013/05/21
Committee: IMCO
Amendment 249 #

2012/0146(COD)

Proposal for a regulation
Article 21 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 concerning the further specification of the requirements laid down in Annex I.
2013/05/21
Committee: IMCO
Amendment 251 #

2012/0146(COD)

Proposal for a regulation
Article 21 – paragraph 5
5. The Commission may, by means of implementing acts, specify the requirements laid down in Annex I and establish reference numbers of standards for qualified certificates for electronic signature. Compliance with the requirements laid down in Annex I shall be presumed where a qualified certificate for electronic signature meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). The Commission shall publish those acts in the Official Journal of the European Union.
2013/05/21
Committee: IMCO
Amendment 253 #

2012/0146(COD)

Proposal for a regulation
Article 13 – paragraph 3 – point c
(c) statistics on the market and usage of qualified trust services, including information on qualified trust service providers themselves, the qualified trust services they provide, the products they use and the general description of their customers.deleted
2013/05/20
Committee: ITRE
Amendment 255 #

2012/0146(COD)

Proposal for a regulation
Article 13 – paragraph 4
4. Member States shall notify to the Commission and other Member States the names and the addresses of their respective designated supervisory bodies.deleted
2013/05/20
Committee: ITRE
Amendment 256 #

2012/0146(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point b
(b) allows relying parties to receive the result of the validation process in an automated manner which is reliable, efficient and bearing the advanced electronic signature or advanced electronic seal of the provider of the qualified validation service.
2013/05/21
Committee: IMCO
Amendment 259 #

2012/0146(COD)

Proposal for a regulation
Article 13 – paragraph 6
6. The Commission may, by means of implementing acts, define the circumstances, formats and procedures for the report referred to in paragraph 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).
2013/05/20
Committee: ITRE
Amendment 261 #

2012/0146(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. Supervisory bodies shall cooperate with a view to exchangeing good practice and provide each other, within the shortest possible time, with relevant information and mutual. They shall, upon justified requests, provide each other assistance so that activities can be carried out in a consistent manner. MutualRequests for assistance shallmay cover, in particular, information requests and supervisory measures, such as requests to carry out inspections related to the securitycompliance audits as referred to in Articles 15, 16 and 17.
2013/05/20
Committee: ITRE
Amendment 263 #

2012/0146(COD)

Proposal for a regulation
Article 14 – paragraph 2 – introductory part
2. A supervisory body to whichmay refuse a request for assistance is addressed may not refuse to comply with it unlessf:
2013/05/20
Committee: ITRE
Amendment 264 #

2012/0146(COD)

Proposal for a regulation
Article 28 – paragraph 2
2. A qualified electronic seal shall enjoy the legal presumption of ensuring the originensures the identity of the creator and integrity of the data to which it is linked.
2013/05/21
Committee: IMCO
Amendment 267 #

2012/0146(COD)

Proposal for a regulation
Article 14 – paragraph 2 – point b
(b) compliance with the request would be incompatible withgo beyond the tasks and powers of the supervisory body set out in this Regulation.
2013/05/20
Committee: ITRE
Amendment 267 #

2012/0146(COD)

Proposal for a regulation
Article 28 – paragraph 3
3. A qualified electronic seal shall be recognised and accepted in all Member States.
2013/05/21
Committee: IMCO
Amendment 270 #

2012/0146(COD)

Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1
Where appropriate, supervisory bodies may carry out joint investigations in which staff from other Member States‘ supervisory bodies is involvedsupervisory actions.
2013/05/20
Committee: ITRE
Amendment 270 #

2012/0146(COD)

Proposal for a regulation
Article 28 – paragraph 4
4. If an electronic seal security assurance level below the qualified electronic seal is required, in particular by a Member State for accessing a service online offered by a public sector body on the basis of an appropriate assessment of the risks involved in such a service, all electronic seals matching at a minimum the same security assurance level shall be accepted.
2013/05/21
Committee: IMCO
Amendment 271 #

2012/0146(COD)

Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2
The supervisory body of the Member State where the investigation is to take place, in compliance with its own national law, may devolve investigative tasks to the assisted supervisory body's staff. Such powers may be exercised only under the guidance and in the presence of staff from the host supervisory body. The assisted supervisory body's staff shall be subject to the host supervisory body's national law. The host supervisory body shall assume responsibility for the assisted supervisory body staff's actions.deleted
2013/05/20
Committee: ITRE
Amendment 272 #

2012/0146(COD)

Proposal for a regulation
Article 14 – paragraph 4
4. The Commission may, by means of implementing acts, specify the formats and procedures for the mutual assistance provided for in this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).deleted
2013/05/20
Committee: ITRE
Amendment 272 #

2012/0146(COD)

Proposal for a regulation
Article 28 – paragraph 5
5. Member States shall not request for accessing cross border a service online offered by a public sector body an electronic seal with higher security assurance level than qualified electronic seals.
2013/05/21
Committee: IMCO
Amendment 273 #

2012/0146(COD)

Proposal for a regulation
Article 28 – paragraph 6
6. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 concerning the definition of different security assurance levels of electronic seals referred to in paragraph 4.
2013/05/21
Committee: IMCO
Amendment 275 #

2012/0146(COD)

Proposal for a regulation
Article 28 – paragraph 7
7. The Commission may, by means of implementing acts, define different security assurance levels of electronic seals referred to in paragraph 4 and establish reference numbers of standards for the security assurance levels of electronic seals. Compliance with the security assurance level defined in a delegated act adopted pursuant to paragraph 6 shall be presumed when an electronic seal meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). The Commission shall publish those acts in the Official Journal of the European Union.
2013/05/21
Committee: IMCO
Amendment 276 #

2012/0146(COD)

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
Trust service providers who are established in the territory of the Union shall take appropriate technical and organisational measures to manage the risks posed to the security of the trust services they provide. Having regard to state of the art, these measures shall ensure that thethe technological development, these measures shall fully respect the data protection rights and ensure a level of security is appropriate to the degree of risk. In particular, measures shall be taken to prevent and minimise the impact of security incidents and inform stakeholders of adverse effects of any significant incidents.
2013/05/20
Committee: ITRE
Amendment 276 #

2012/0146(COD)

Proposal for a regulation
Article 29 – paragraph 2
2. Qualified certificates for electronic seal for cross border use shall not be subject to any mandatory requirements exceeding the requirements laid down in Annex III.
2013/05/21
Committee: IMCO
Amendment 279 #

2012/0146(COD)

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Without prejudice to Article 16(1), any trust service provider mayshall, without undue delay and not later than 6 months following the commencement of its activities, submit the report of a securitycompliance audit carried out by a recognised independent body to the supervisory body to confirm that appropriate security measures have been taken.
2013/05/20
Committee: ITRE
Amendment 284 #

2012/0146(COD)

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Trust service providers shall, without undue delay and where feasible not later than 24 hours after having become aware of it, notify the competent supervisory body and, where appropriate, the competent national body for information security and other relevant third parties such as data protection authorities of any breach of security or loss of integrity that has a significant impact on the trust service provided and on the personal data maintained therein.
2013/05/20
Committee: ITRE
Amendment 286 #

2012/0146(COD)

Proposal for a regulation
Article 34 – paragraph 1
1. An electronic document shall be considered as equivalent to a paper document and admissible as evidence in legal proceedings, having regard to its assurance level of authenticity and integrity.
2013/05/21
Committee: IMCO
Amendment 287 #

2012/0146(COD)

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
Where appropriate, in particular if a breach of security or loss of integrity concerns two or more Member States, the supervisory body concerned shall inform supervisory bodies in otherse Member States and the European Network and Information Security Agency (ENISA).
2013/05/20
Committee: ITRE
Amendment 289 #

2012/0146(COD)

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 3
The supervisory body concerned, in consultation with the trust service provider, may also inform the public or require the trust service provider to do so, where it determines that disclosure of the breach is in the public interest.
2013/05/20
Committee: ITRE
Amendment 290 #

2012/0146(COD)

Proposal for a regulation
Article 34 – paragraph 2
2. A document bearing a qualified electronic signature or a qualified electronic seal of the person who is competent to issue the relevant document, shall enjoy legal presumption of its authenticity and integrity provided the document does not contain any dynamic features capable of automatically changing the document.
2013/05/21
Committee: IMCO
Amendment 293 #

2012/0146(COD)

Proposal for a regulation
Article 34 – paragraph 3
3. When an original document or a certified copy is required for the provision of a service online offered by a public sector body, at least electronic documents issuelectronically signed or sealed by the persons who are competent to issue the relevant documents and that are considered to be originals or certified copies in accordance with national law of the Member State of origin, shall be accepted in other Member States without additional requirements.
2013/05/21
Committee: IMCO
Amendment 296 #

2012/0146(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. In order to implementensure compliance with paragraphs 1 and 2, the competent supervisory body shall have the power to issue binding instructions to trust service providers.
2013/05/20
Committee: ITRE
Amendment 299 #

2012/0146(COD)

Proposal for a regulation
Article 15 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts, in accordance with Article 38, concerning the further specification of the measures referred to in paragraph 1.
2013/05/20
Committee: ITRE
Amendment 302 #

2012/0146(COD)

Proposal for a regulation
Chapter 3 – section 8 - Title
Website authentication deleted
2013/05/21
Committee: IMCO
Amendment 303 #

2012/0146(COD)

Proposal for a regulation
Article 15 – paragraph 6
6. The Commission may, by means of implementing acts, define the circumstances,further specification of the measures referred to in paragraph 1 and formats and procedures, including deadlines, applicable for the purpose of paragraphs 1 to 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).
2013/05/20
Committee: ITRE
Amendment 303 #

2012/0146(COD)

Proposal for a regulation
Article 37
Article 37 Requirements for qualified certificates for website authentication 1. Qualified certificates for website authentication shall meet the requirements laid down in Annex IV. 2. Qualified certificates for website authentication shall be recognised and accepted in all Member States. 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 concerning the further specification of the requirements laid down in Annex IV. 4. The Commission may, by means of implementing acts, establish reference numbers of standards for qualified certificates for website authentication. Compliance with the requirements laid down in Annex IV shall be presumed where a qualified certificate for website authentication meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). The Commission shall publish those acts in the Official Journal of the European Union.deleted
2013/05/21
Committee: IMCO
Amendment 305 #

2012/0146(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. Qualified trust service providers shall be audited by a recognised independent body once a yearevery two years and following any significant technological or organizational changes to confirm that they and the qualified trust services provided by them fulfil the requirements set out in this Regulation, and shall submit the resulting securitycompliance audit report to the supervisory body.
2013/05/20
Committee: ITRE
Amendment 309 #

2012/0146(COD)

Proposal for a regulation
Annex 1 – paragraph 1 – point c a (new)
(ca) provision for a specific attribute of the signatory to be included if relevant, depending on the purpose for which the certificate is intended;
2013/05/21
Committee: IMCO
Amendment 310 #

2012/0146(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. Without prejudice to paragraph 1, in case of substantiated doubts, the supervisory body may at any time audit the qualified trust service providers to confirm that they and the qualified trust services provided by them still meet the conditions set out in this Regulation, either on its own initiative or in response to a request from the Commissiona supervisory body in another Member State. The supervisory body shall inform the data protection authorities of the results of its audits, in case personal data protection rules appear to have been breached.
2013/05/20
Committee: ITRE
Amendment 311 #

2012/0146(COD)

Proposal for a regulation
Annex 4
Requirements for qualified certificates for website authentication Qualified certificates for website authentication shall contain: (a) an indication, at least in a form suitable for automated processing, that the certificate has been issued as a qualified certificate for website authentication; (b) a set of data unambiguously representing the qualified trust service provider issuing the qualified certificates including at least the Member State in which that provider is established and – for a legal person: the name and registration number as stated in the official records, – for a natural person: person's name; (c) a set of data unambiguously representing the legal person to whom the certificate is issued, including at least name and registration number as stated in the official records; (d) elements of the address, including at least city and Member State, of the legal person to whom the certificate is issued as stated in the official records; (e) the domain name(s) operated by the legal person to whom the certificate is issued; (f) details of the beginning and end of the certificate's period of validity; (g) the certificate identity code which must be unique for the qualified trust service provider; (h) the advanced electronic signature or advanced electronic seal of the issuing qualified trust service provider; (i) the location where the certificate supporting the advanced electronic signature or advanced electronic seal referred to in point (h) is available free of charge; (j) the location of the certificate validity status services that can be used to enquire the validity status of the qualified certificate.deleted
2013/05/21
Committee: IMCO
Amendment 313 #

2012/0146(COD)

Proposal for a regulation
Article 16 – paragraph 3
3. The supervisory body shall have the power to issue binding instructions to qualified trust service providers to remedy any failure to fulfil the requirements indicated in the security audit reportset out in this Regulation.
2013/05/20
Committee: ITRE
Amendment 319 #

2012/0146(COD)

Proposal for a regulation
Article 16 – paragraph 6
6. The Commission may, by means of implementing acts, define the circumstances, procedures and formats applicable for the purpose of paragraphs 1, 2 and 4. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).
2013/05/20
Committee: ITRE
Amendment 322 #

2012/0146(COD)

Proposal for a regulation
Article 17 – paragraph 1
1. Qualified tTrust service providers shall notify the supervisory body of their intention to start providinge a qualified trust service and shall submit to the supervisory body a security audit report carried out by a recognised independent body, as provided for in Article 16(1). Qualified trust service providers may start to provide the qualified trust service after they have submitted the notification and security audit report to the supervisory body.
2013/05/20
Committee: ITRE
Amendment 324 #

2012/0146(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. Once the relevant documents are submitted to the supervisory body according to paragraph 1, the qualified service providers shall be included inaccording to paragraph 1, the supervisory body shall verify the compliance of the trust service provider and of the trusted lists referred to in Article 18 indicating that the notification has been submitted services to be provided by it with the requirements of this Regulation. If the verification process confirms compliance, the supervisory body shall grant the status of a qualified trust service provider and the qualified trust service provider may start to provide the qualified trust service.
2013/05/20
Committee: ITRE
Amendment 327 #

2012/0146(COD)

Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1
The supervisory body shall verify the compliance of the qualified trust service provider and of the qualified trust services provided by it with the requirements of the Regulation.deleted
2013/05/20
Committee: ITRE
Amendment 330 #

2012/0146(COD)

Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 2
The supervisory body shall indicate the qualified status of the qualified service providers and the qualified trust services they provide in the trusted lists after the positive conclusion of the verification, not later than one month after the notification has been done in accordance with paragraph 1 process without undue delay and not later than 2 weeks.
2013/05/20
Committee: ITRE
Amendment 332 #

2012/0146(COD)

Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 3
If the verification is not concluded within one month, the supervisory body shall inform the qualified trust service provider specifying the reasons of the delay and the period by which the verification shall be concluded. The total period may not exceed 3 months.
2013/05/20
Committee: ITRE
Amendment 333 #

2012/0146(COD)

Proposal for a regulation
Article 17 – paragraph 4
4. A qualified trust service which has been subject to the notification referred to in paragraph 1 cannot be refused for the fulfilment of an administrative procedure or formality by the concerned public sector body for not being included in the lists referred to in paragraph 3.deleted
2013/05/20
Committee: ITRE
Amendment 336 #

2012/0146(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. The Commission may, by means of implementing acts, define the circumstances, formats and procedures for the purpose of paragraphs 1, 2 and.3 Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).
2013/05/20
Committee: ITRE
Amendment 338 #

2012/0146(COD)

Proposal for a regulation
Article 18 – paragraph 2
2. Member States shall establish, maintain and publish, in a secure manner, electronically signed or sealed trusted lists provided for in paragraph 1 in a form suitable for automated processing of both the list itself as well as the individual certificates.
2013/05/20
Committee: ITRE
Amendment 339 #

2012/0146(COD)

Proposal for a regulation
Article 18 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 concerning the definition of the information referred to in paragraph 1.
2013/05/20
Committee: ITRE
Amendment 340 #

2012/0146(COD)

Proposal for a regulation
Article 18 – paragraph 6
6. The Commission may, by means of implementing acts, specify the information referred to in paragraph and define the technical specifications and formats for trusted lists applicable for the purposes of paragraphs 1 to 4. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).
2013/05/20
Committee: ITRE
Amendment 342 #

2012/0146(COD)

Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
When issuing a qualified certificate, a qualified trust service provider shall verify, by appropriate means and in accordance with national and Union law, the identity and, if applicable, any specific attributes of the natural or legal person to whom a qualified certificate is issued.
2013/05/20
Committee: ITRE
Amendment 343 #

2012/0146(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point b
(b) bear the risk of liability for damages byshall take appropriate precautions with regard to its liability for damages under this Regulation by, in particular, maintaining sufficient financial resources or by an appropriateeffecting a liability insurance scheme;
2013/05/20
Committee: ITRE
Amendment 345 #

2012/0146(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point d
(d) use trustworthy systems and products which are protected against unauthorized modification and guarantee the technical security and reliability of the process supported by them;
2013/05/20
Committee: ITRE
Amendment 346 #

2012/0146(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point e – introductory part
(e) use trustworthy systems to store data provided to them, in a verifiable form so that:
2013/05/20
Committee: ITRE
Amendment 347 #

2012/0146(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point e – indent 1
– they are publicly available for retrieval only where national or Union law allows for this or where the consent of the person to whom the data has been issued has been obtained,
2013/05/20
Committee: ITRE
Amendment 348 #

2012/0146(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point g
(g) record for an appropriate period of time, regardless of whether the qualified trust service provider has ceased to provide qualified trust services, all relevant information concerning data issued and received by the qualified trust service provider, in particular for the purpose of providing evidence in legal proceedings. Such recording may be done electronically;
2013/05/20
Committee: ITRE
Amendment 350 #

2012/0146(COD)

Proposal for a regulation
Article 19 – paragraph 3
3. Qualified trust service providers issuing qualified certificates shall register in their certificate database the revocation of the certificate within ten minutes after such revocation has taken effectout undue delay.
2013/05/20
Committee: ITRE
Amendment 351 #

2012/0146(COD)

Proposal for a regulation
Article 19 – paragraph 4
4. With regard to paragraph 3, qualified trust service providers issuing qualified certificates shall provide to any relying party information on the validity or revocation status of qualified certificates issued by them. This information shall be made available at any time at least on a certificate basis in an automated manner which is reliable, free of charge and efficient.
2013/05/20
Committee: ITRE
Amendment 353 #

2012/0146(COD)

Proposal for a regulation
Article 19 – paragraph 5
5. The Commission may, by means of implementing acts, establish reference numbers of standards for trustworthy systems and products. C, for which compliance with the requirements laid down in Article 19 shall be presumed where trustworthy systems and products meet those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). The Commission shall publish those acts in the Official Journal of the European Union.
2013/05/20
Committee: ITRE
Amendment 355 #

2012/0146(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. A qualified electronic signature shall have the equivalent legal effect of a handwritten signaturesatisfy the legal requirements of a signature in relation to data in electronic form in the same manner as a handwritten signature satisfies those requirements in relation to paper-based data.
2013/05/20
Committee: ITRE
Amendment 360 #

2012/0146(COD)

Proposal for a regulation
Article 20 – paragraph 3
3. Qualified electronic signatures shall be recognised and accepted in all Member States.deleted
2013/05/21
Committee: ITRE
Amendment 363 #

2012/0146(COD)

Proposal for a regulation
Article 20 – paragraph 4
4. If an electronic signature with a security assurance level below qualified electronic signature is required, in particular by a Member State for accessing a service online offered by a public sector body, on the basis of an appropriate assessment of the risks involved in such a service, all electronic signatures matching at least the same security assurance level shall be recognised and accepted.
2013/05/21
Committee: ITRE
Amendment 365 #

2012/0146(COD)

Proposal for a regulation
Article 20 – paragraph 6
6. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 concerning the definition of the different security levels of electronic signature referred to in paragraph 4.
2013/05/21
Committee: ITRE
Amendment 368 #

2012/0146(COD)

Proposal for a regulation
Article 20 – paragraph 7
7. The Commission mayshall, by means of implementing acts, establish definitions of the different security levels of electronic signatures referred to in paragraph 4 of this Article and reference numbers of standards for the security levels of electronic signatures. Compliance with thea defined security level defined in a delegated act adopted pursuant to paragraph 6 shall be presumed when an electronic signature meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). The Commission shall publish those acts in the Official Journal of the European Union.
2013/05/21
Committee: ITRE
Amendment 371 #

2012/0146(COD)

Proposal for a regulation
Article 21 – paragraph 2
2. Qualified certificates for electronic signature for cross-border use shall not be subject to any mandatory requirement exceeding the requirements laid down in Annex I.
2013/05/21
Committee: ITRE
Amendment 372 #

2012/0146(COD)

Proposal for a regulation
Article 21 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 concerning the further specification of the requirements laid down in Annex I.
2013/05/21
Committee: ITRE
Amendment 374 #

2012/0146(COD)

Proposal for a regulation
Article 21 – paragraph 5
5. The Commission may, by means of implementing acts, specify the requirements laid down in Annex I and establish reference numbers of standards for qualified certificates for electronic signature. Compliance with the requirements laid down in Annex I shall be presumed where a qualified certificate for electronic signature meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). The Commission shall publish those acts in the Official Journal of the European Union.
2013/05/21
Committee: ITRE
Amendment 387 #

2012/0146(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point b
(b) allows relying parties to receive the result of the validation process in an automated manner which is reliable, efficient and bearing the advanced electronic signature or advanced electronic seal of the provider of the qualified validation service.
2013/05/21
Committee: ITRE
Amendment 393 #

2012/0146(COD)

Proposal for a regulation
Article 28 – paragraph 2
2. A qualified electronic seal shall enjoy the legal presumption of ensuring the originensures the identity of the creator and integrity of the data to which it is linked.
2013/05/21
Committee: ITRE
Amendment 394 #

2012/0146(COD)

Proposal for a regulation
Article 28 – paragraph 3
3. A qualified electronic seal shall be recognised and accepted in all Member States.
2013/05/21
Committee: ITRE
Amendment 395 #

2012/0146(COD)

Proposal for a regulation
Article 28 – paragraph 4
4. If an electronic seal security assurance level below the qualified electronic seal is required, in particular by a Member State for accessing a service online offered by a public sector body on the basis of an appropriate assessment of the risks involved in such a service, all electronic seals matching at a minimum the same security assurance level shall be accepted.
2013/05/21
Committee: ITRE
Amendment 396 #

2012/0146(COD)

Proposal for a regulation
Article 28 – paragraph 5
5. Member States shall not request for accessing cross-border a service online offered by a public sector body an electronic seal with higher security assurance level than qualified electronic seals.
2013/05/21
Committee: ITRE
Amendment 397 #

2012/0146(COD)

Proposal for a regulation
Article 28 – paragraph 6
6. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 concerning the definition of different security assurance levels of electronic seals referred to in paragraph 4.
2013/05/21
Committee: ITRE
Amendment 399 #

2012/0146(COD)

Proposal for a regulation
Article 28 – paragraph 7
7. The Commission may, by means of implementing acts, define different security assurance levels of electronic seals referred to in paragraph 4 and establish reference numbers of standards for the security assurance levels of electronic seals. Compliance with the security assurance level defined in a delegated act adopted pursuant to paragraph 6 shall be presumed when an electronic seal meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). The Commission shall publish those acts in the Official Journal of the European Union.
2013/05/21
Committee: ITRE
Amendment 402 #

2012/0146(COD)

Proposal for a regulation
Article 29 – paragraph 2
2. Qualified certificates for electronic seal for cross-border use shall not be subject to any mandatory requirements exceeding the requirements laid down in Annex III.
2013/05/21
Committee: ITRE
Amendment 418 #

2012/0146(COD)

Proposal for a regulation
Article 34 – paragraph 1
1. An electronic document shall be considered as equivalent to a paper document and admissible as evidence in legal proceedings, having regard to its assurance level of authenticity and integrity.
2013/05/21
Committee: ITRE
Amendment 420 #

2012/0146(COD)

Proposal for a regulation
Article 34 – paragraph 2
2. A document bearing a qualified electronic signature or a qualified electronic seal of the person who is competent to issue the relevant document, shall enjoy legal presumption of its authenticity and integrity provided the document does not contain any dynamic features capable of automatically changing the document.
2013/05/21
Committee: ITRE
Amendment 421 #

2012/0146(COD)

Proposal for a regulation
Article 34 – paragraph 2
2. A document bearing a qualified electronic signature or a qualified electronic seal of the person who is competent to issue the relevant document, shall enjoy legal presumption of its authenticity and integrity provided the document does not contain any dynamic features capable of automatically changing the documentcontent of the document subsequently.
2013/05/21
Committee: ITRE
Amendment 422 #

2012/0146(COD)

Proposal for a regulation
Article 34 – paragraph 3
3. When an original document or a certified copy is required for the provision of a service online offered by a public sector body, at least electronic documents issuelectronically signed or sealed by the persons who are competent to issue the relevant documents and that are considered to be originals or certified copies in accordance with national law of the Member State of origin, shall be accepted in other Member States without additional requirements.
2013/05/21
Committee: ITRE
Amendment 427 #

2012/0146(COD)

Proposal for a regulation
Article 37
Article 37 Requirements for qualified certificates for website authentication 1. Qualified certificates for website authentication shall meet the requirements laid down in Annex IV. 2. Qualified certificates for website authentication shall be recognised and accepted in all Member States. 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 concerning the further specification of the requirements laid down in Annex IV. 4. The Commission may, by means of implementing acts, establish reference numbers of standards for qualified certificates for website authentication. Compliance with the requirements laid down in Annex IV shall be presumed where a qualified certificate for website authentication meets those standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). The Commission shall publish those acts in the Official Journal of the European Union.deleted
2013/05/21
Committee: ITRE
Amendment 441 #

2012/0146(COD)

Proposal for a regulation
Annex I – point c a (new)
(ca) provision for a specific attribute of the signatory to be included if relevant, depending on the purpose for which the certificate is intended;
2013/05/21
Committee: ITRE
Amendment 446 #

2012/0146(COD)

Proposal for a regulation
Annex IV
Annex deleted
2013/05/21
Committee: ITRE
Amendment 236 #

2012/0061(COD)

Proposal for a directive
Article 5 – paragraph 2 – point c
(c) make the information available to workers and service providers in languages other thathe national language(s) of the Member State from which the posting is made, the language of the Member State of origin of the worker and service provider and in English, and not only in the national language(s) of the country in which the services are provided, if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities;
2012/11/07
Committee: IMCO
Amendment 273 #

2012/0061(COD)

Proposal for a directive
Article 9 – paragraph 1 – point c
(c) a translation of the documents referred to under (b), may be justified provided these documents are not excessively long and standardised forms are generally used for such documentsall relevant documents, as well as of standardised but also non- standardised forms, irrespective of the length of the document or form in question;
2012/11/07
Committee: IMCO
Amendment 190 #

2012/0011(COD)

Proposal for a regulation
Recital 23
(23) The principles of protection should apply to anyonly to specific information concerning an identified or identifiable person. To determine whether a person is identifiable, account should be taken of all: (i) only of those means likely reasonably to be used either by the controller or by any other natural or legal person to identify the individual, and (ii) of the reasonable likeliness of a person being identified. The principles of data protection should not apply to data rendered anonymous in such a way that the data subject is no longer identifiable from the data.
2012/12/20
Committee: ITRE
Amendment 191 #

2012/0011(COD)

Proposal for a regulation
Recital 23 a (new)
(23a) This regulation recognises that pseudonymisation is in the benefit of all data subjects as, by definition, personal data is altered so that it of itself cannot be attributed to a data subject without the use additional data. By this, controllers shall be encouraged to the practice of pseudonymising data.
2012/12/20
Committee: ITRE
Amendment 193 #

2012/0011(COD)

Proposal for a regulation
Recital 24
(24) When using online services, individuals may be associated with online identifiers provided by their devices, applications, tools and protocols, such as Internet Protocol addresses or cookie identifiers. This may leave traces which, combined with unique identifiers and other information received by the servers, may be used to create profiles of the individuals and identify them. It follows that identification numbers, location data, online identifiers or other specific factors as such need not necessarily be considered as personal data in all circumstances.
2012/12/20
Committee: ITRE
Amendment 198 #

2012/0011(COD)

Proposal for a regulation
Recital 25
(25) Consent should be given explicitunambiguously by any appropriate method within the context of the product or service being offered enabling a freely given specific and informed indication of the data subject's wishes, either by a statement or by a clear affirmative action by the data subject, ensuring that individuals are aware that they give their consent to the processing of personal data, including by ticking a box when visiting an Internet website or by any other statement or conduct which clearly indicates in this context the data subject's acceptance of the proposed processing of their personal data. Silence or inactivity should therefore not constitute consent. Consent should cover all processing activities carried out for the same purpose or purposes. If the data subject's consent is to be given following an electronic request, the request must be clear, concise and not unnecessarily disruptive to the use of the service for which it is provided.
2012/12/20
Committee: ITRE
Amendment 199 #

2012/0011(COD)

Proposal for a regulation
Recital 25 a (new)
(25a) This regulation recognises that the pseudonymisation of data can help minimise the risks to privacy of data subjects. To the extent that a controller pseudonymises data such processing shall be considered justified as a legitimate interest of the controller according to point (f) of paragraph 1 of Article 6.
2012/12/20
Committee: ITRE
Amendment 200 #

2012/0011(COD)

Proposal for a regulation
Recital 26
(26) Personal data relating to health should include in particular all personal data pertaining to the health status of a data subject; information about the registration of the individual for the provision of health services; information about payments or eligibility for healthcare with respect to the individual; a number, symbol or particular assigned to an individual to uniquely identify the individual for health purposes; any information about the individual collected in the course of the provision of health services to the individual; informationpersonal data derived from the testing or examination of a body part or, bodily substance, including or biological samples; identification of a person as provider of healthcare to the individual; or any information on e.g. a disease, disability, disease risk, medical history, clinical treatment, or the actual physiological or biomedical state of the data subject independent of its source, such as e.g. from a physician or other health professional, a hospital, a medical device, or an in vitro diagnostic test.
2012/12/20
Committee: ITRE
Amendment 204 #

2012/0011(COD)

Proposal for a regulation
Recital 28
(28) A group of undertakings should cover a controlling undertaking and its controlled undertakings, whereby the controlling undertaking should be the undertaking which can exercise a dominant influence over the other undertakings by virtue, for example, of ownership, financial participation or the rules which govern it or the power to have personal data protection rules implemented. A group of undertakings may nominate a single main establishment in the Union.
2012/12/20
Committee: ITRE
Amendment 225 #

2012/0011(COD)

Proposal for a regulation
Recital 40
(40) The processing of personal data for other purposes should be only allowed where the processing is compatible with those purposes for which the data have been initially collected, in particularsuch as where the processing is necessary for historical, statistical or scientific research purposes. Where the other purpose is not compatible with the initial one for which the data are collected, the controller should obtain the consent of the data subject for this other purpose or should base the processing on another legitimate ground for lawful processing, in particular where provided by Union law or the law of the Member State to which the controller is subject. In any case, the application of the principles set out by this Regulation and in particular the information of the data subject on those other purposes should be ensured.
2012/12/20
Committee: ITRE
Amendment 236 #

2012/0011(COD)

Proposal for a regulation
Recital 51
(51) Any person should have the right of access to personal data which has been collected concerning them, and to exercise this right easily, in order to be aware and verify the lawfulness of the processing. Every data subject should therefore have the right to know and obtain communication in particular for what purposes the personal data are processed, for what period, which recipients receive the personal data, what is the logic of the personal data that are undergoing the processing and what might be, at least when based on profiling, the consequences of such processing. This right should not adversely affect the rights and freedoms of others, including trade secrets or intellectual property and in particular the copyright protecting the software. However, the result of these considerations should not be that all information is refused to the data subject.
2012/12/20
Committee: ITRE
Amendment 238 #

2012/0011(COD)

Proposal for a regulation
Recital 52
(52) The controller should use all reasonable measures within the context of the product or service being provided, or otherwise within the context of the relationship between the controller and the data subject, and the sensitivity of the personal data being processed to verify the identity of a data subject that requests access, in particular in the context of online services and online identifiers. A controller should not retain nor be forced to gather personal data for the unique purpose of being able to react to potential requests.
2012/12/20
Committee: ITRE
Amendment 250 #

2012/0011(COD)

Proposal for a regulation
Recital 61
(61) To meet consumer and business expectations around the protection of the rights and freedoms of data subjects with regard to the processing of personal data require that appropriate technical and, appropriate organisational measures armay be taken, both at the time of the design of the processing and at the time of the processing itself, to ensure that the requirements of this Regulation are met. In order to ensure and demonstrate compliance with this Regulation, the controller should adopt internal policies and implement appropriate measures, which meet in particular the principles of data protection by design and data protection by defaultMeasures having as an objective to increase consumer information and ease of choice shall be encouraged, based on industry cooperation and favouring innovative solutions, products and services.
2012/12/20
Committee: ITRE
Amendment 252 #

2012/0011(COD)

Proposal for a regulation
Recital 62
(62) The protection of the rights and freedoms of data subjects as well as the responsibility and liability of controllers and processor, also in relation to the monitoring by and measures of supervisory authorities, requires a clear attribution of the responsibilities under this Regulation, including where a controller determines the purposes, conditions and means of the processing jointly with other controllers or where a processing operation is carried out on behalf of a controller.
2012/12/20
Committee: ITRE
Amendment 256 #

2012/0011(COD)

Proposal for a regulation
Recital 65
(65) In order to demonstrate compliance with this Regulation, the controller or processor should document each processing operation under its responsibility. Each controller and processor should be obliged to co-operate with the supervisory authority and make this documentation, on request, available to it, so that it might serve for monitoring those processing operations.
2012/12/20
Committee: ITRE
Amendment 263 #

2012/0011(COD)

Proposal for a regulation
Recital 70
(70) Directive 95/46/EC provided for a general obligation to notify processing of personal data to the supervisory authorities. While this obligation produces administrative and financial burdens, it did not in all cases contribute to improving the protection of personal data. Therefore such indiscriminate general notification obligation should be abolished, and replaced by effective procedures and mechanism which focus instead on those processing operations which are likely to present specific risks to the rights and freedoms of data subjects by virtue of their nature, their scope or their purposes. In such cases, a data protection impact assessment should be carried out by the controller or processor prior to the processing, which should include in particular the envisaged measures, safeguards and mechanisms for ensuring the protection of personal data and for demonstrating the compliance with this Regulation.
2012/12/20
Committee: ITRE
Amendment 265 #

2012/0011(COD)

Proposal for a regulation
Recital 74
(74) Where a data protection impact assessment indicates that processing operations involve a high degree of specific risks to the rights and freedoms of data subjects, such as excluding individuals from their right, or by the use of specific new technologies, the supervisory authority should be consulted, prior to the start of operations, on a risky processing which might not be in compliance with this Regulation, and to make proposals to remedy such situation. Such consultation should equally take place in the course of the preparation either of a measure by the national parliament or of a measure based on such legislative measure which defines the nature of the processing and lays down appropriate safeguards.
2012/12/20
Committee: ITRE
Amendment 285 #

2012/0011(COD)

Proposal for a regulation
Recital 97
(97) Where the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union takes place in more than one Member State, one single supervisory authority should be competent for monitoring the activities of the controller or processor throughout the Union and taking the related decisions, in order to increase the consistent application, provide legal certainty and reduce administrative burden for such controllers and processors.
2012/12/20
Committee: ITRE
Amendment 288 #

2012/0011(COD)

Proposal for a regulation
Recital 105
(105) In order to ensure the consistent application of this Regulation throughout the Union, a consistency mechanism for co-operation between the supervisory authorities themselves and the Commission should be established. This mechanism should in particular apply where athe competent supervisory authority intends to take a measure as regards processing operations that are related to the offering of goods or services to data subjects in several Member States, , or to the monitoring such data subjects, or that might substantially affect the free flow of personal data. It should also apply where any supervisory authority or the Commission requests that the matter should be dealt with in the consistency mechanism. This mechanism should be without prejudice to any measures that the Commission may take in the exercise of its powers under the Treaties.
2012/12/20
Committee: ITRE
Amendment 297 #

2012/0011(COD)

Proposal for a regulation
Recital 129
(129) In order to fulfil the objectives of this Regulation, namely to protect the fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data, and to ensure the free movement of personal data within the Union, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. In particular, delegated acts should be adopted in respect of lawfulness of processing; specifying the criteria and conditions in relation to the consent of a child; processing of special categories of data; specifying the criteria and conditions for manifestly excessive requests and fees for exercising the rights of the data subject; criteria and requirements for the information to the data subject and in relation to the right of access; the right to be forgotten and to erasure; measures based on profiling; criteria and requirements in relation to the responsibility of the controller and to data protection by design and by default; a processor; criteria and requirements for the documentation and the security of processing; criteria and requirements for establishing a personal data breach and for its notification to the supervisory authority, and on the circumstances where a personal data breach is likely to adversely affect the data subject; the criteria and conditions for processing operations requiring a data protection impact assessment; the criteria and requirements for determining a high degree of specific risks which require prior consultation; designation and tasks of the data protection officer; codes of conduct; criteria and requirements for certification mechanisms; criteria and requirements for transfers by way of binding corporate rules; transfer derogations; administrative sanctions; processing for health purposes; processing in the employment context and processing for historical, statistical and scientific research purposes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Councilppropriate industry-led measures and policies shall take due account of the principles of technology, service and business model neutrality so as to favour the free movement of personal data within the Union.
2012/12/20
Committee: ITRE
Amendment 299 #

2012/0011(COD)

Proposal for a regulation
Recital 130
(130) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission for: specifying standard forms in relation to the processing of personal data of a child; standard procedures and forms for exercising the rights of data subjects; standard forms for the information to the data subject; standard forms and procedures in relation to the right of access; the right to data portability; standard forms in relation to the responsibility of the controller to data protection by design and by default and to the documentation; specific requirements for the security of processing; the standard format and the procedures for the notification of a personal data breach to the supervisory authority and the communication of a personal data breach to the data subject; standards and procedures for a data protection impact assessment; forms and procedures for prior authorisation and prior consultation; technical standards and mechanisms for certification; the adequate level of protection afforded by a third country or a territory or a processing sector within that third country or an international organisation; disclosures not authorized by Union law; mutual assistance; joint operations; decisions under the consistency mechanism. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament andimplementing the provisions of this Regulation, it shall be ensured that no mandatory requirements for specific technical features are imposed on products and services, including terminal or other electronic communications equipment, which could impede the placing of equipment ofn the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implemarket and the free circulation of such equipment ing powers46 . In this context, the Commission should consider specific measures for micro, small and medium- sized enterpris and between Member States.
2012/12/20
Committee: ITRE
Amendment 300 #

2012/0011(COD)

Proposal for a regulation
Recital 130
(130) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission for: specifying standard forms in relation to the processing of personal data of a child; standard procedures and forms for exercising the rights of data subjects; standard forms for the information to the data subject; standard forms and procedures in relation to the right of access; the right to data portability; standard forms in relation to the responsibility of the controller to data protection by design and by default and to the documentation; specific requirements for the security of processing; the standard format and the procedures for the notification of a personal data breach to the supervisory authority and the communication of a personal data breach to the data subject; standards and procedures for a data protection impact assessment; forms and procedures for prior authorisation and prior consultation; technical standards and mechanisms for certification; the adequate level of protection afforded by a third country or a territory or a processing sector within that third country or an international organisation; disclosures not authorized by Union law; mutual assistance; joint operations; decisions under the consistency mechanism. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers46 . In this context, the Commission should consider specific measures for micro, small and medium- sized enterpris. In implementing the provisions of this Regulation, it shall be ensured that no mandatory requirements for specific technical features are imposed on products and services, including terminal or other electronic communications equipment, which could impede the placing of equipment on the market and the free circulation of such equipment in and between Member States.
2012/12/20
Committee: ITRE
Amendment 303 #

2012/0011(COD)

Proposal for a regulation
Recital 139
(139) In view of the fact that, as underlined by the Court of Justice of the European Union, the right to the protection of personal data is not an absolute right, but must be considered in relation to its function in society and the actual and potential advances in science, health and technology and be balanced with other fundamental rights, in accordance with the principle of proportionality, this Regulation respects all fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union as enshrined in the Treaties, notably the right to respect for private and family life, home and communications, the right to the protection of personal data, the freedom of thought, conscience and religion, the freedom of expression and information, the freedom to conduct a business, the right to property and in particular the protection of intellectual property the right to an effective remedy and to a fair trial as well as cultural, religious and linguistic diversity.
2012/12/20
Committee: ITRE
Amendment 308 #

2012/0011(COD)

Proposal for a regulation
Article 2 – paragraph 1
1. This Regulation applies to the processing of personal data wholly or partly by automated means, without discrimination between such processing means, and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system.
2012/12/20
Committee: ITRE
Amendment 324 #

2012/0011(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 1
(1) ‘data subject’ means an identified natural person or a natural person who can be identified, directly or indirectly, by means reasonably likely to be used by the controller or by any other natural or legal person, in particular by reference to an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person and who is not acting in his/her professional capacity;
2012/12/20
Committee: ITRE
Amendment 328 #

2012/0011(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 2
(2) ‘personal data’ means any informationdata specifically relating to a data subject whose specific identity can be identified, directly or indirectly by the controller;
2012/12/20
Committee: ITRE
Amendment 329 #

2012/0011(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 2 a (new)
(2a) 'identification number' means any numeric, alphanumeric or similar code typically used in the online space, excluding codes assigned by a public or state controlled authority to identify a natural person as an individual.
2012/12/20
Committee: ITRE
Amendment 336 #

2012/0011(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 5
(5) 'controller' means the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes, conditions and means of the processing of personal data; where the purposes, conditions and means of processing are determined by Union law or Member State law, the controller or the specific criteria for his nomination may be designated by Union law or by Member State law;
2012/12/20
Committee: ITRE
Amendment 340 #

2012/0011(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 8
(8) ‘the data subject's consent’ means any freely given specific, informed and explicitunambiguous indication of his or her wishes by which the data subject, either by a statement or by a clear affirmative action, signifies agreement to personal data relating to them being processed;
2012/12/20
Committee: ITRE
Amendment 345 #

2012/0011(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 10
(10) ‘genetic data’ means all data, of whatever type, concerning the characteristics of an individual which are inherited or acquired during early prenatal developmentinformation on the hereditary characteristics, or alteration thereof, of an identified or identifiable person, obtained through nucleic acid analysis;
2012/12/20
Committee: ITRE
Amendment 346 #

2012/0011(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 12
(12) ‘data concerning health’ means any informationpersonal data which relates to the physical or mental health of an individual, or to the provision of health services to the individual;
2012/12/20
Committee: ITRE
Amendment 350 #

2012/0011(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 13 a (new)
(13a) 'competent supervisory authority' means the supervisory authority which shall be solely competent for the supervision of a controller in accordance with Articles 51(2), 51(3) and 51(4).
2012/12/20
Committee: ITRE
Amendment 351 #

2012/0011(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 14
(14) ‘representative’ means any natural or legal person established in the Union who, explicitly designated by the controller, acts and mayshall be addressed by anythe competent supervisory authority and other bodies in the Union instead of the controller, with regard to the obligations of the controller under this Regulation;
2012/12/20
Committee: ITRE
Amendment 354 #

2012/0011(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 18
(18) ‘child’ means any person below the age of 183 years;
2012/12/20
Committee: ITRE
Amendment 356 #

2012/0011(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 19 a (new)
(19a) 'financial crime' means criminal offences in connection with organised crime, racketeering, terrorism, terrorist financing, trafficking in human beings, migrant smuggling, sexual exploitation, trafficking in narcotic drugs and psychotropic substances, illegal arms trafficking, trafficking in stolen goods, corruption, bribery, fraud, counterfeiting currency, counterfeiting and piracy of products, environmental offences, kidnapping, illegal restraint and hostage- taking, robbery, theft, smuggling, offences related to taxation, extortion, forgery, piracy, insider trading and market manipulation.
2012/12/20
Committee: ITRE
Amendment 358 #

2012/0011(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) adequate, relevant, and limited to the minimum necessaryproportionate 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;
2012/12/21
Committee: ITRE
Amendment 360 #

2012/0011(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) accurate and where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without undue delay;
2012/12/21
Committee: ITRE
Amendment 361 #

2012/0011(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point e
(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the data will be processed solely for historical, statistical or scientific research purposes in accordance with the rules and conditions of Article 83 and if a periodic review is carried out to assess the necessity to continue the storage;
2012/12/21
Committee: ITRE
Amendment 366 #

2012/0011(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) processing is necessary for compliance with a legal obligation to which the controller is subject, regulatory rule, guidance, industry code of practice, either domestically or internationally to which the controller is subject including the requirements of supervisory authorities;
2012/12/21
Committee: ITRE
Amendment 367 #

2012/0011(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point d a (new)
(da) processing of data necessary to ensure network and information security;
2012/12/21
Committee: ITRE
Amendment 375 #

2012/0011(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
(fa) the data are collected from public registers, lists or documents accessible by everyone;
2012/12/21
Committee: ITRE
Amendment 381 #

2012/0011(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point f b (new)
(fb) processing is conducted for the purpose of anonymisation.
2012/12/21
Committee: ITRE
Amendment 396 #

2012/0011(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. If the data subject's consent is to be given in the context of a written declaration which also concerns another matter, the requirement to give consent must be presented distinguishable in its appearance from this other matter.deleted
2012/12/21
Committee: ITRE
Amendment 399 #

2012/0011(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. Consent shall not provide a legal basis for the processing, where there is a significant imbalance between the position of the data subject and the controller.deleted
2012/12/21
Committee: ITRE
Amendment 403 #

2012/0011(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. For the purposes of this Regulation, in relation to the offering of information society services directly to a child, the processing of personal data of a childdata subject below the age of 13 years shall only be lawful if and to the extent that consent is given or authorised by the child's parent or custodian. The controller shall make reasonable efforts to obtain verifiable consent, taking into consideration available technology.
2012/12/21
Committee: ITRE
Amendment 423 #

2012/0011(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point j
(j) processing of data relating to criminal convictions or related security measures is carried out either under the control of officialsubject to the conditions and safeguards referred to in Article 83a or under the supervision of a supervisory authority or when the processing is necessary for compliance with or to avoid a breach of a legal or regulatory obligation to which a controller is subject, or for the performance of a task carried out for important public interest reasons, and in so far as authorised by Union law or Member State law providing for adequate safeguards. A complete register of criminal convictions shall be kept only under the control of official authority.
2012/12/21
Committee: ITRE
Amendment 424 #

2012/0011(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point j a (new)
(ja) processing of data concerning health is necessary for private social protection, especially by providing income security or tools to manage risks that are in the interests of the data subject and his or her dependants and assets, or by enhancing inter-generational equity by means of distribution.
2012/12/21
Committee: ITRE
Amendment 428 #

2012/0011(COD)

Proposal for a regulation
Article 10 – paragraph 1
Data Protection Regulation should not apply to data rendered anonymous. If the data processed by a controller do not permit the controller to identify a natural person, the controller shall not be obliged to acquire additional information in order to identify the data subject for the sole purpose of complying with any provision of this Regulation.
2012/12/21
Committee: ITRE
Amendment 429 #

2012/0011(COD)

Proposal for a regulation
Article 10 – paragraph 1
If the data processed by a controller do not permit the controller, through means used by the controller, to identify a natural person, the controller shall not be obliged to acquire additional information in order to identify the data subject for the sole purpose of complying with any provision of this Regulation.
2012/12/21
Committee: ITRE
Amendment 438 #

2012/0011(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. The controller shall establish procedures for providing the information referred to in Article 14 and for the exercise of the rights of data subjects referred to in Article 13 and Articles 15 to 19. The controller shall provide in particular mechanisms for facilitating the request for the actions referred to in Article 13 and Articles 15 to 19. Where personal data are processed by automated means, the controller shallmay also provide means for requests to be made electronically.
2012/12/21
Committee: ITRE
Amendment 439 #

2012/0011(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. The controller shall inform the data subject without delay and, at the latest within one month of receipt of the request, whether or not any action has been taken pursuant to Article 13 and Articles 15 to 19 and shall provide the requested information. This period may be prolonged for a further month, if several data subjects exercise their rights and their cooperation is necessary to a reasonable extent to prevent an unnecessary and disproportionate effort on the part of the controller. The information shall be given in writing. Where the data subject makes the request in electronic form, the information shall be provided in electronic form, unless otherwise requested by the data subject or unless the controller has reason to believe that providing the information in electronic form would create a significant risk of fraud.
2012/12/21
Committee: ITRE
Amendment 440 #

2012/0011(COD)

Proposal for a regulation
Article 12 – paragraph 4
4. The information and the actions taken on requests referred to in paragraph 1 shall be free of charge. Where requests are manifestly excessive, in particular because of their repetitive character, the controller may charge a fee for providing the information or taking the action requested, or the controller may not take the action requested. In that case, the controller shall bear the burden of proving the manifestly excessive character of the requestcharges for taking action or providing information upon the request of data subject referred to in paragraph 1 shall not exceed actual costs of handling the requests born by the controller.
2012/12/21
Committee: ITRE
Amendment 463 #

2012/0011(COD)

Proposal for a regulation
Article 14 – paragraph 5 – point d a (new)
(da) the data originates from publicly available sources
2012/12/21
Committee: ITRE
Amendment 472 #

2012/0011(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point h
(h) the significance and envisaged consequences of such processing, at least in the case of measures referred to in Article 20.
2012/12/21
Committee: ITRE
Amendment 480 #

2012/0011(COD)

Proposal for a regulation
Article 17 – title
Right to be forgotten and to erasure
2012/12/21
Committee: ITRE
Amendment 483 #

2012/0011(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) the data are no longer necessary in relation to the purposes for which they were collected or otherwise processfurther processed and the legally mandatory minimum retention period has expired;
2012/12/21
Committee: ITRE
Amendment 486 #

2012/0011(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c
(c) the data subject objects to the processing of personal data pursuant to Article 19, and the objection is upheld;
2012/12/21
Committee: ITRE
Amendment 488 #

2012/0011(COD)

Proposal for a regulation
Article 17 – paragraph 1 a (new)
1a. The controller shall take all reasonable steps to communicate any erasure to each legal entity to whom the data have been disclosed.
2012/12/21
Committee: ITRE
Amendment 489 #

2012/0011(COD)

Proposal for a regulation
Article 17 – paragraph 1 b (new)
1b. The application of paragraph 1 is dependent upon the ability of the data controller to confirm the identity of the data subject making the erasure request.
2012/12/21
Committee: ITRE
Amendment 491 #

2012/0011(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. Where the controller referred to in paragraph 1 has made the personal data public, it shall take all reasonable steps, including technical measures, in relation to data for the publication of which the controller is responsible, to inform third partieslegal entities to whom the original controller had authorised to further process personal data and which are processing such data, that a data subject requests them to erase any links to, or copy or replication of that personal data. Where tThe controller has authorised a third party publication ofwill not be responsible for the personal data, the controller shall be considered responsible for thatat the data subject has made publication.
2012/12/21
Committee: ITRE
Amendment 496 #

2012/0011(COD)

Proposal for a regulation
Article 17 – paragraph 3 – introductory part
3. The controller shall carry out the erasure without undue delay, except to the extent that the retention and dissemination of the personal data is necessary:
2012/12/21
Committee: ITRE
Amendment 499 #

2012/0011(COD)

Proposal for a regulation
Article 17 – paragraph 3 – point e a (new)
(ea) for prevention or detection of fraud, confirming identity, and/or determining creditworthiness, or ability to pay.
2012/12/21
Committee: ITRE
Amendment 500 #

2012/0011(COD)

Proposal for a regulation
Article 17 – paragraph 6 a (new)
6a. Requests for the rectification, erasure or blocking of data shall not prejudice processing that is necessary to secure, protect and maintain the resiliency of one or more information systems. In addition, the right of rectification and/or erasure or personal data shall not apply to any personal data that is required to be maintained by legal obligation or to protect the rights of the controller, processor or third parties.
2012/12/21
Committee: ITRE
Amendment 501 #

2012/0011(COD)

Proposal for a regulation
Article 18
Article 18 Right to data portability 1. The data subject shall have the right, where personal data are processed by electronic means and in a structured and commonly used format, to obtain from the controller a copy of data undergoing processing in an electronic and structured format which is commonly used and allows for further use by the data subject. 2. Where the data subject has provided the personal data and the processing is based on consent or on a contract, the data subject shall have the right to transmit those personal data and any other information provided by the data subject and retained by an automated processing system, into another one, in an electronic format which is commonly used, without hindrance from the controller from whom the personal data are withdrawn. 3. The Commission may specify the electronic format referred to in paragraph 1 and the technical standards, modalities and procedures for the transmission of personal data pursuant to paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).deleted
2012/12/21
Committee: ITRE
Amendment 526 #

2012/0011(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. Every ndatural persona subject shall have the right to request not to be subject to a measure which produces legal effects concerningadversely affects this ndatural person or significantly affects this natural person,a subject and which is based solely on automated processing of data intended to evaluate certain personal aspects relating to this natural person or to, analyse or predict in particular the ndatural persona subject's performance at work, economic situation, location, health, personal preferences, reliability or behaviour.
2012/12/21
Committee: ITRE
Amendment 529 #

2012/0011(COD)

Proposal for a regulation
Article 20 – paragraph 1 a (new)
1a. Data controllers should notify the data subject where such processing takes place and give the individual the right to have any such decision reviewed.
2012/12/21
Committee: ITRE
Amendment 536 #

2012/0011(COD)

Proposal for a regulation
Article 20 – paragraph 2 – introductory part
2. Subject to the other provisions of this Regulation, a persondata subject may be subjected to a measure of the kind referred to in paragraph 1 only if the processing:
2012/12/21
Committee: ITRE
Amendment 542 #

2012/0011(COD)

Proposal for a regulation
Article 20 – paragraph 2 – point b
(b) is expressly authorized bynecessary to comply with a Union or Member State law which also lays down suitable measures to safeguard the data subject's legitimate interests; or
2012/12/21
Committee: ITRE
Amendment 556 #

2012/0011(COD)

Proposal for a regulation
Article 20 – paragraph 4
4. In the cases referred to in paragraph 2, the information to be provided by the controller under Article 14 shall include information as to the existence of processing for a measure of the kind referred to in paragraph 1 and the envisaged effects of such processing on the data subject.
2012/12/21
Committee: ITRE
Amendment 559 #

2012/0011(COD)

Proposal for a regulation
Article 20 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and conditions for suitable measures to safeguard the data subject's legitimate interests referred to in paragraph 2.
2012/12/21
Committee: ITRE
Amendment 571 #

2012/0011(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. The controller shall adopt policies and implement appropriate measures to ensure and be able to demonstrate that the processing of personal data is performed in compliance with this RegulatioHaving regard to the state of the art, the nature of personal data processing and the type of the organization, both at the time of the determination of the means for processing and at the time of the processing itself, appropriate and demonstrable technical and organizational measures should be implemented in such a way that the processing will meet the requirements of this Regulation and ensures the protection of the rights of the data subject by design.
2012/12/21
Committee: ITRE
Amendment 572 #

2012/0011(COD)

Proposal for a regulation
Article 22 – paragraph 1 a (new)
1a. Upon request by the competent data protection authority, the controller or processor shall demonstrate the existence of technical and organizational measures.
2012/12/21
Committee: ITRE
Amendment 573 #

2012/0011(COD)

Proposal for a regulation
Article 22 – paragraph 1 b (new)
1b. Group of undertakings may apply joint technical and organizational measures to meet its obligations arising from the Regulation.
2012/12/21
Committee: ITRE
Amendment 574 #

2012/0011(COD)

Proposal for a regulation
Article 22 – paragraph 1 c (new)
1c. This article does not apply to a natural person processing personal data without commercial interest.
2012/12/21
Committee: ITRE
Amendment 575 #

2012/0011(COD)

Proposal for a regulation
Article 22 – paragraph 2 – introductory part
2. TheSuch measures provided for in paragraph 1 shall in particular includeinclude, without limitation:
2012/12/21
Committee: ITRE
Amendment 576 #

2012/0011(COD)

Proposal for a regulation
Article 22 – paragraph 2 – point a
(a) keeping the documentation pursuant to Article 28independent management oversight of processing of personal data to ensure the existence and effectiveness of the technical and organizational measures;
2012/12/21
Committee: ITRE
Amendment 578 #

2012/0011(COD)

Proposal for a regulation
Article 22 – paragraph 2 – point b
(b) implementing the data security requirements laid down in Article 30; existence of proper policies, instructions or other guidelines to guide data processing needed to comply with the Regulation as well as procedures and enforcement to make such guidelines effective;
2012/12/21
Committee: ITRE
Amendment 579 #

2012/0011(COD)

Proposal for a regulation
Article 22 – paragraph 2 – point c
(c) performing a data protection impact assessment pursuant to Article 33existence of proper planning procedures to ensure compliance and to address potentially risky processing of personal data prior to the commencement of the processing;
2012/12/21
Committee: ITRE
Amendment 580 #

2012/0011(COD)

Proposal for a regulation
Article 22 – paragraph 2 – point d
(d) complying with the requirements for prior authorisation or prior consultation of the supervisory authority pursuant to Article 34(1) and (2)existence of appropriate documentation of data processing to enable compliance with the obligations arising from the Regulation;
2012/12/21
Committee: ITRE
Amendment 583 #

2012/0011(COD)

Proposal for a regulation
Article 22 – paragraph 2 – point e
(e) designating a data protection officer pursuant to Article 35(1). existence of adequately skilled data protection organization or data protection officer supported with adequate resources to oversee implementation of measures defined in this article and to monitor compliance with this Regulation, having particular regard to ensuring organizational independence of such data protection officer or organisation to prevent inappropriate conflicts of interest. Such a function may be fulfilled by way of a service contract;
2012/12/21
Committee: ITRE
Amendment 584 #

2012/0011(COD)

Proposal for a regulation
Article 22 – paragraph 2 – point e a (new)
(ea) existence of proper awareness and training of the staff participating in data processing and decisions thereto of the obligations arising from this Regulation.
2012/12/21
Committee: ITRE
Amendment 586 #

2012/0011(COD)

Proposal for a regulation
Article 22 – paragraph 3
3. The controller shall implement mechanisms to ensure the verification of the effectiveness of the measures referred to in paragraphs 1 and 2. If proportionate, this verification shall be carried out by independent internal or external auditors.deleted
2012/12/21
Committee: ITRE
Amendment 589 #

2012/0011(COD)

Proposal for a regulation
Article 22 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of specifying any further criteria and requirements for appropriate measures referred to in paragraph 1 other than those already referred to in paragraph 2, the conditions for the verification and auditing mechanisms referred to in paragraph 3 and as regards the criteria for proportionality under paragraph 3, and considering specific measures for micro, small and medium-sized-enterprises.
2012/12/21
Committee: ITRE
Amendment 596 #

2012/0011(COD)

Proposal for a regulation
Article 23 – paragraph 1
1. Having regard to the state of the art and, the cost of implementation and international best practices, the controller shall, both at the time of the determination of the means for processing and at the time of the processing itself, implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject.
2012/12/21
Committee: ITRE
Amendment 597 #

2012/0011(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. The controller shall implement mechanisms for ensuring that, by default, only those personal data are processed which are necessary for each specific purpose of the processing and are especially not collected or retained beyond the minimum necessary for those purposes, both in terms of the amount of the data and the time of their storage. In particular, those mechanisms shall ensure that by default personal data are not made accessible to an indefSuch measures and procedures shall: (a) take due account of existing technical standards and regulations in the area of public safety and security (b) follow the principle of technology, service and business model neutrality (c) be based on global industry-led efforts and standards (d) take due account of inite number of individuals.rnational developments
2012/12/21
Committee: ITRE
Amendment 602 #

2012/0011(COD)

Proposal for a regulation
Article 23 – paragraph 2 a (new)
2a. In implementing the provisions of this Regulation, it shall be ensured that no mandatory requirements for specific technical features are imposed on products and services, including terminal or other electronic communications equipment, which could impede the placing of equipment on the market and the free circulation of such equipment in and between Member States.
2012/12/21
Committee: ITRE
Amendment 604 #

2012/0011(COD)

Proposal for a regulation
Article 23 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of specifying any further criteria and requirements for appropriate measures and mechanisms referred to in paragraph 1 and 2, in particular for data protection by design requirements applicable across sectors, products and services.
2012/12/21
Committee: ITRE
Amendment 607 #

2012/0011(COD)

Proposal for a regulation
Article 23 – paragraph 4
4. TWhe Commission may lay down technical standards for the rre required, measures may be adopted to ensure that terminal equirepments laid down in paragraph 1 and 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2) is constructed in a way that is compatible with Council Decision 87/95/EEC of 22 December 1986 on standardisation in the field of information technology and communications, and consistent with international industry-led standardisation efforts.
2012/12/21
Committee: ITRE
Amendment 609 #

2012/0011(COD)

Proposal for a regulation
Article 24 – paragraph 1
Where a controller determines the purposes, conditions and means of the processing of personal data jointly with others, the joint controllers shall determine their respective responsibilities for compliance with the obligations under this Regulation, in particular as regards the procedures and mechanisms for exercising the rights of the data subject, by means of an arrangement between them. The arrangement shall duly reflect the joint controllers' respective effective roles and relationships vis-à-vis data subjects.
2012/12/21
Committee: ITRE
Amendment 618 #

2012/0011(COD)

Proposal for a regulation
Article 26 – paragraph 2 – introductory part
2. The carrying out of processing by a processor shall be governed by a contract or other legal act binding the processor to the controller and stipulating in particular that the processor shall:.
2012/12/21
Committee: ITRE
Amendment 619 #

2012/0011(COD)

Proposal for a regulation
Article 26 – paragraph 2 – point a
(a) act only on instructions from the controller, in particular, where the transfer of the personal data used is prohibited;deleted
2012/12/21
Committee: ITRE
Amendment 621 #

2012/0011(COD)

Proposal for a regulation
Article 26 – paragraph 2 – point b
(b) employ only staff who have committed themselves to confidentiality or are under a statutory obligation of confidentiality;deleted
2012/12/21
Committee: ITRE
Amendment 623 #

2012/0011(COD)

Proposal for a regulation
Article 26 – paragraph 2 – point c
(c) take all required measures pursuant to Article 30;deleted
2012/12/21
Committee: ITRE
Amendment 625 #

2012/0011(COD)

Proposal for a regulation
Article 26 – paragraph 2 – point d
(d) enlist another processor only with the prior permission of the controller;deleted
2012/12/21
Committee: ITRE
Amendment 627 #

2012/0011(COD)

Proposal for a regulation
Article 26 – paragraph 2 – point e
(e) insofar as this is possible given the nature of the processing, create in agreement with the controller the necessary technical and organisational requirements for the fulfilment of the controller's obligation to respond to requests for exercising the data subject's rights laid down in Chapter III;deleted
2012/12/21
Committee: ITRE
Amendment 629 #

2012/0011(COD)

Proposal for a regulation
Article 26 – paragraph 2 – point f
(f) assist the controller in ensuring compliance with the obligations pursuant to Articles 30 to 34;deleted
2012/12/21
Committee: ITRE
Amendment 631 #

2012/0011(COD)

Proposal for a regulation
Article 26 – paragraph 2 – point g
(g) hand over all results to the controller after the end of the processing and not process the personal data otherwise;deleted
2012/12/21
Committee: ITRE
Amendment 633 #

2012/0011(COD)

Proposal for a regulation
Article 26 – paragraph 2 – point h
(h) make available to the controller and the supervisory authority all information necessary to control compliance with the obligations laid down in this Article.deleted
2012/12/21
Committee: ITRE
Amendment 635 #

2012/0011(COD)

Proposal for a regulation
Article 26 – paragraph 3
3. The controller and the processor shall document in writing the controller's instructions and the processor's obligations referred to in paragraph 2.deleted
2012/12/21
Committee: ITRE
Amendment 642 #

2012/0011(COD)

Proposal for a regulation
Article 28 – paragraph 1
1. Each controller and processor and, if any, the controller's representative, shall maintain documentation of all processing operations under its responsibility.
2012/12/21
Committee: ITRE
Amendment 645 #

2012/0011(COD)

Proposal for a regulation
Article 28 – paragraph 1 a (new)
1a. The obligation made to the controller shall not apply to SMEs processing data only as an activity ancillary to the sale of goods or services. Ancillary activity should be defined as business or non- trade activity that is not associated with the core activities of a firm. In relation to data protection, data processing activities which do not represent more than 50% of company's turnover shall be considered ancillary.
2012/12/21
Committee: ITRE
Amendment 654 #

2012/0011(COD)

Proposal for a regulation
Article 28 – paragraph 3
3. The controller and the processor and, if any, the controller's representative, shall make the documentation available, on request, to the supervisory authority.
2012/12/21
Committee: ITRE
Amendment 655 #

2012/0011(COD)

Proposal for a regulation
Article 28 – paragraph 4 – introductory part
4. The obligations referred to in paragraphs 1 and 2 shall not apply to the following controllers and processors:
2012/12/21
Committee: ITRE
Amendment 662 #

2012/0011(COD)

Proposal for a regulation
Article 28 – paragraph 6
6. The Commission may lay down standard forms for the documentation referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).deleted
2012/12/21
Committee: ITRE
Amendment 664 #

2012/0011(COD)

Proposal for a regulation
Article 29 – paragraph 1
1. The controller and the processor and, if any, the representative of the controller, shall co-operate, on request, with the supervisory authority in the performance of its duties, in particular by providing the information referred to in point (a) of Article 53(2) and by granting access as provided in point (b) of that paragraph. The controller and the processor and, if any, the representative of the controller, shall make the documentation available, on the basis of a request outlining the reasons for requiring access to the documents, to the supervisory authority.
2012/12/21
Committee: ITRE
Amendment 669 #

2012/0011(COD)

Proposal for a regulation
Article 30 – paragraph 2 a (new)
2a. The implementation by the controller and the processor of measures, as referred to in paragraphs 1 and 2, and the execution thereof which would require processing of certain data to increase network and information security, falls under Article 6 (1) f.
2012/12/21
Committee: ITRE
Amendment 671 #

2012/0011(COD)

Proposal for a regulation
Article 30 – paragraph 4
4. The Commission may adopt, where necessary, implementing acts for specifying the requirements laid down in paragraphs 1 and 2 to various situations, in particular to: (a) prevent any unauthorised access to personal data; (b) prevent any unauthorised disclosure, reading, copying, modification, erasure or removal of personal data; (c) ensure the verification of the lawfulness of processing operations. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).deleted
2012/12/21
Committee: ITRE
Amendment 672 #

2012/0011(COD)

Proposal for a regulation
Article 30 – paragraph 4 – subparagraph 2
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).deleted
2012/12/21
Committee: ITRE
Amendment 674 #

2012/0011(COD)

Proposal for a regulation
Article 31 – paragraph 1
1. In the case of a personal data breach, twhe controller shall without unn the breach is likely to produce delay and, where feasible, not latlegal effects to the detriment of the data subject's privacy, the controller tshan 24 hours after having become aware of it,ll without undue delay notify the personal data breach to the supervisory authority. The notification to the supervisory authority shall be accompanied by a reasoned justification in cases where it is not made within 24 hours.
2012/12/21
Committee: ITRE
Amendment 677 #

2012/0011(COD)

Proposal for a regulation
Article 31 – paragraph 2
2. Pursuant to point (f) of Article 26(2), the processor shall alert and inform the controller immediatwithout undue delay after the establishmentidentification of a personal data breach that is likely to produce legal effects to the detriment of the data subject's privacy.
2012/12/21
Committee: ITRE
Amendment 678 #

2012/0011(COD)

Proposal for a regulation
Article 31 – paragraph 3 – point e
(e) describe the measures proposed or taken by the controller to address the personal data breach and/or mitigate its effects.
2012/12/21
Committee: ITRE
Amendment 679 #

2012/0011(COD)

Proposal for a regulation
Article 31 – paragraph 4
4. The controller shall document any personal data breaches, comprising the facts surrounding the breach, its effects and the remedial action taken. This documentation must be sufficient to enable the supervisory authority to verify compliance with this Article. The documentation shall only include the information necessary for that purpose.
2012/12/21
Committee: ITRE
Amendment 681 #

2012/0011(COD)

Proposal for a regulation
Article 31 – paragraph 6
6. The Commission may lay down the standard format of such notification to the supervisory authority, and the procedures applicable to the notification requirement and the form and the modalities for the documentation referred to in paragraph 4, including the time limits for erasure of the information contained therein. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2)filing of reports.
2012/12/21
Committee: ITRE
Amendment 687 #

2012/0011(COD)

Proposal for a regulation
Article 32 – paragraph 3
3. The communication of a personal data breach to the data subject shall not be required if the controller demonstrates to the satisfaction of the supervisory authority that it has implemented appropriate technological protection measures, and that those measures were applied to the data concerned by the personal data breach. Such technological protection measures shall render the data unintelligible, unusable or anonymised to any person who is not authorised to access it.
2012/12/21
Committee: ITRE
Amendment 689 #

2012/0011(COD)

Proposal for a regulation
Article 32 a (new)
Article 32a Communication of a personal data breach to other organisations A controller that communicates a personal data breach to a data subject pursuant to Article 32 may notify another organisation, a government institution or a part of a government institution of the personal data breach if that organisation, government institution or part may be able to reduce the risk of the harm that could result from it or mitigate that harm. Such notifications can be done without informing the data subject if the disclosure is made solely for the purposes of reducing the risk of the harm to the data subject that could result from the breach or mitigating that harm.
2012/12/21
Committee: ITRE
Amendment 693 #

2012/0011(COD)

Proposal for a regulation
Article 33 – paragraph 1
1. Where processing operations present specific risks to the rights and freedoms of data subjects by virtue of their nature, their scope or their purposes, the controller or the processor acting on the controller's behalf shall carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. A single assessment shall be sufficient to address a set of processing operations that present similar risks.
2013/01/09
Committee: ITRE
Amendment 696 #

2012/0011(COD)

Proposal for a regulation
Article 33 – paragraph 1 a (new)
(1a) SMEs shall only be required to perform an impact assessment after their 3rd year of incorporation if data processing is deemed as a core activity of their business. That is, where sale or revenue from processing makes up for 50% of the SMEs revenue.
2013/01/09
Committee: ITRE
Amendment 697 #

2012/0011(COD)

Proposal for a regulation
Article 33 – paragraph 2 – point a
(a) a systematic and extensive evaluation of personal aspects relating to a natural person or for analysing or predicting in particular the natural person's economic situation, location, health, personal preferences, reliability or behaviour, which is based on automated processing and on which measures are based that produce legal effects concerning the individual or significantly affectto the detriment of the individual;
2013/01/09
Committee: ITRE
Amendment 711 #

2012/0011(COD)

Proposal for a regulation
Article 33 – paragraph 6
6. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and conditions for the processing operations likely to present specific risks referred to in paragraphs 1 and 2 and the requirements for the assessment referred to in paragraph 3, including conditions for scalability, verification and auditability. In doing so, the Commission shall consider specific measures for micro, small and medium- sized enterprises.
2013/01/09
Committee: ITRE
Amendment 713 #

2012/0011(COD)

Proposal for a regulation
Article 33 – paragraph 7
7. The Commission may specify standards and procedures for carrying out and verifying and auditing the assessment referred to in paragraph 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).deleted
2013/01/09
Committee: ITRE
Amendment 716 #

2012/0011(COD)

Proposal for a regulation
Article 34 – title
Prior authorisation and prior consultation
2013/01/09
Committee: ITRE
Amendment 719 #

2012/0011(COD)

Proposal for a regulation
Article 34 – paragraph 1
1. The controller or the processor as the case may be shall obtain an authorisation frommay consult the supervisory authority prior to the processing of personal data, in order to ensure the compliance of the intended processing with this Regulation and in particular to mitigate the risks involved for the data subjects where a controller or processor adopts contractual clauses as provided for in point (d) of Article 42(2) or does not provide for the appropriate safeguards in a legally binding instrument as referred to in Article 42(5) for the transfer of personal data to a third country or an international organisation.
2013/01/09
Committee: ITRE
Amendment 721 #

2012/0011(COD)

Proposal for a regulation
Article 34 – paragraph 2 – introductory part
2. The controller or processor acting on the controller's behalf shallmay consult the supervisory authority prior to the processing of personal data in order to ensure the compliance of the intended processing with this Regulation and in particular to mitigate the risks involved for the data subjects where:
2013/01/09
Committee: ITRE
Amendment 726 #

2012/0011(COD)

Proposal for a regulation
Article 34 – paragraph 3
3. Where the supervisory authority is of the opinion that the intended processing does not comply with this Regulation, in particular where risks are insufficiently identified or mitigated, it shall prohibit the intended processing and make appropriate proposals to remedy such incompliance. Such a decision shall be subject to appeal in a competent court and it may not be enforceable while being appealed unless the processing results to immediate serious harm suffered by data subjects.
2013/01/09
Committee: ITRE
Amendment 735 #

2012/0011(COD)

Proposal for a regulation
Article 35 – paragraph 1 – introductory part
1. The controller and the processor shall designate a data protection organisation or data protection officer in any case where:
2013/01/09
Committee: ITRE
Amendment 737 #

2012/0011(COD)

Proposal for a regulation
Article 35 – paragraph 1 – point c
(c) the core activities of the controller or the processor consist of processing operations which, by virtue of their nature, their scope and/or their purposes, require regular and systematic monitoring of data subjects. Core activities should be defined as activities where 50% of the annual turnover resulting from the sale of data or revenue is gained from this data. In relation to data protection, data processing activities which do not represent more than 50% of company's turnover shall be considered ancillary.
2013/01/09
Committee: ITRE
Amendment 738 #

2012/0011(COD)

Proposal for a regulation
Article 35 – paragraph 3
3. Where the controller or the processor is a public authority or body, the data protection organisation or data protection officer may be designated for several of its entities, taking account of the organisational structure of the public authority or body.
2013/01/09
Committee: ITRE
Amendment 740 #

2012/0011(COD)

Proposal for a regulation
Article 35 – paragraph 6
6. The controller or the processor shall ensure that any other professional duties of the data protection organisation or data protection officer are compatible with the person's tasks and duties as data protection officer and do not result in a conflict of interests.
2013/01/09
Committee: ITRE
Amendment 741 #

2012/0011(COD)

Proposal for a regulation
Article 35 – paragraph 7
7. The controller or the processor shall designate a data protection officer for a period of at least two years. The data protection officer may be reappointed for further terms. During their term of office, the data protection officer may only be dismissed, if the data protection officer no longer fulfils the conditions required for the performance of their duties.deleted
2013/01/09
Committee: ITRE
Amendment 744 #

2012/0011(COD)

Proposal for a regulation
Article 35 – paragraph 10
10. Data subjects shall have the right to contact the data protection organisation or data protection officer on all issues related to the processing of the data subject's data and to request exercising the rights under this Regulation.
2013/01/09
Committee: ITRE
Amendment 745 #

2012/0011(COD)

Proposal for a regulation
Article 35 – paragraph 11
11. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for the core activities of the controller or the processor referred to in point (c) of paragraph 1 and the criteria for the professional qualities of the data protection officer referred to in paragraph 5.
2013/01/09
Committee: ITRE
Amendment 748 #

2012/0011(COD)

Proposal for a regulation
Article 36 – paragraph 1
1. The controller or the processor shall ensure that the data protection organisation or data protection officer is properly and in a timely manner involved in all issues which relate to the protection of personal data.
2013/01/09
Committee: ITRE
Amendment 750 #

2012/0011(COD)

Proposal for a regulation
Article 36 – paragraph 2
2. The controller or processor shall ensure that thedata protection organisation or data protection officer shall performs t his or her duties and tasks independently and does not receive any instructions as regards the exercise of the function. The data protection officer shall directly report to the management of the controller or the processor.
2013/01/09
Committee: ITRE
Amendment 751 #

2012/0011(COD)

Proposal for a regulation
Article 36 – paragraph 3
3. The controller or the processor shall support the data protection organisation or data protection officer in performing the tasks and shall provide staff, premises, equipment and any other resources necessary to carry out the duties and tasks referred to in Article 37.
2013/01/09
Committee: ITRE
Amendment 753 #

2012/0011(COD)

Proposal for a regulation
Article 37 – paragraph 1 – introductory part
1. The controller or the processor shall entrust the data protection organisation or the data protection officer at least with the following tasks:
2013/01/09
Committee: ITRE
Amendment 755 #

2012/0011(COD)

Proposal for a regulation
Article 37 – paragraph 1 – point c
(c) to monitor the implementation and application of this Regulation, in particular as to the requirements related to data protection by design, data protection by default and data security and to the information of data subjects and their requests in exercising their rights under thisin compliance with the Regulation;
2013/01/09
Committee: ITRE
Amendment 762 #

2012/0011(COD)

Proposal for a regulation
Article 39 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for the data protection certification mechanisms referred to in paragraph 1, including conditions for granting and withdrawal, and requirements for recognition within the Union and in third countries, provided such measures are technology neutral.
2013/01/09
Committee: ITRE
Amendment 763 #

2012/0011(COD)

Proposal for a regulation
Article 39 – paragraph 3
3. The Commission may lay down technical standards for certification mechanisms and data protection seals and marks and mechanisms to promote and recognize certification mechanisms and data protection seals and marks. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 87(2).deleted
2013/01/09
Committee: ITRE
Amendment 774 #

2012/0011(COD)

Proposal for a regulation
Article 42 – paragraph 1
1. Where the Commission has taken no decision pursuant to Article 41, or decides that a third country, or a territory or a processing sector within that third country, or an international organisation does not ensure an adequate level of protection in accordance with Article 41(5), a controller or processor may transfer personal data to a third country or an international organisation only if the controller or processor has adduced appropriate safeguards with respect to the protection of personal data in a legally binding instrument.
2013/01/09
Committee: ITRE
Amendment 779 #

2012/0011(COD)

Proposal for a regulation
Article 42 – paragraph 2 – point c
(c) standard data protection clauses adopted by a supervisory authority in accordance with the consistency mechanism referred to in Article 57 when declared generally valid by the Commission pursuant to point (b) of Article 62(1); or
2013/01/09
Committee: ITRE
Amendment 780 #

2012/0011(COD)

Proposal for a regulation
Article 42 – paragraph 2 – point d
(d) contractual clauses between the controller or processor and the recipient of the data authorised by a supervisory authority in accordance with paragraph 4.; or
2013/01/09
Committee: ITRE
Amendment 782 #

2012/0011(COD)

Proposal for a regulation
Article 42 – paragraph 2 – point d a (new)
(d a) for historical, statistical or scientific purposes, the measures referred to in Article 83(4);
2013/01/09
Committee: ITRE
Amendment 784 #

2012/0011(COD)

Proposal for a regulation
Article 42 – paragraph 3
3. A transfer based on standard data protection clauses or binding corporate rules as referred to in points (a), (b), (c) or (ce) of paragraph 2 shall not require any further authorisation.
2013/01/09
Committee: ITRE
Amendment 787 #

2012/0011(COD)

Proposal for a regulation
Article 42 – paragraph 4 a (new)
(4a) A controller or processor may choose to base transfers on standard data protection clauses as referred to in points (b) and (c) of paragraph 2 of this Article, and to offer in addition to these standard clauses supplemental, legally binding commitments that apply to transferred data. In such cases, these additional commitments shall be subject to prior consultation with the competent supervisory authority and shall supplement and not contradict, directly or indirectly, the standard clauses. Member States, supervisory authorities and the Commission shall encourage the use of supplemental and legally binding commitments by offering a data protection seal, mark or mechanism, adopted pursuant to Article 39, to controllers and processors who adopt these heightened safeguards.
2013/01/09
Committee: ITRE
Amendment 790 #

2012/0011(COD)

Proposal for a regulation
Article 43 – paragraph 1 – introductory part
1. AOne supervisory authority shall in accordance with the consistency mechanism set out in Article 58 approve binding corporate rulesnd through a single act of approval authorize binding corporate rules for a group of undertakings. Those rules will allow multiple intercompany international transfers in and out of Europe, provided that they:
2013/01/09
Committee: ITRE
Amendment 791 #

2012/0011(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point a
(a) are legally binding and apply to and are enforced by every member within the controller's or processor's group of undertakings and their external subcontractors, and include their employees;
2013/01/09
Committee: ITRE
Amendment 793 #

2012/0011(COD)

Proposal for a regulation
Article 43 – paragraph 2 – point a
(a) the structure and contact details of the group of undertakings and its members, and their external subcontractors;
2013/01/09
Committee: ITRE
Amendment 796 #

2012/0011(COD)

Proposal for a regulation
Article 44 – paragraph 1 – introductory part
1. In the absence of an adequacy decision pursuant to Article 41; or where the Commission decides that a third country, or a territory or a processing sector within that third country, or an international organisation does not ensure an adequate level of protection in accordance with Article 41(5); or in the absence of appropriate safeguards pursuant to Article 42, a transfer or a set of transfers of personal data to a third country or an international organisation may take place only on condition that:
2013/01/09
Committee: ITRE
Amendment 808 #

2012/0011(COD)

Proposal for a regulation
Article 51 – paragraph 2
2. Where the processing of personal data takes place in the context of the activities of an establishment of a controller Regulation applies by virtue of Article 3(1), the competent supervisory a processor in the Union, and the controller or processor is established in more than one Member State, the supervisory authority of the main establishment of the controller or processor shall be competent for the supervision of the processing activities of the controller or the processor in all Member States,uthority will be the supervisory authority of the Member State or territory where the main establishment of the controller or processor subject to the Regulation is established. Disputes should be decided upon in accordance with the consistency mechanism set out in article 58, and this without prejudice to the other provisions of Chapter VII of this Regulation.
2013/01/09
Committee: ITRE
Amendment 809 #

2012/0011(COD)

Proposal for a regulation
Article 51 – paragraph 2 a (new)
(2a) Where the Regulation applies by virtue of Article 3(2), the competent supervisory authority will be the supervisory authority of the Member State or territory where the controller has designated a representative in the Union pursuant to Article 25.
2013/01/09
Committee: ITRE
Amendment 811 #

2012/0011(COD)

Proposal for a regulation
Article 51 – paragraph 2 b (new)
(2b) Where the Regulation applies to several controllers or/and processors within the same group of undertakings by virtue of both Article 3(1) and 3(2), only one supervisory authority will be competent and it will be determined in accordance with Article 51(2).
2013/01/09
Committee: ITRE
Amendment 814 #

2012/0011(COD)

Proposal for a regulation
Article 52 – paragraph 3
3. The competent supervisory authority shall, upon request, advise any data subject in exercising the rights under this Regulation and, if appropriate, co-operate with the supervisory authorities in other Member States to this end.
2013/01/09
Committee: ITRE
Amendment 815 #

2012/0011(COD)

Proposal for a regulation
Article 53 – paragraph 1 – introductory part
1. EachThe competent supervisory authority shall have the power:
2013/01/09
Committee: ITRE
Amendment 816 #

2012/0011(COD)

Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 1 – introductory part
EachThe competent supervisory authority shall have the investigative power to obtain from the controller or the processor:
2013/01/09
Committee: ITRE
Amendment 817 #

2012/0011(COD)

Proposal for a regulation
Article 53 – paragraph 3
3. EachThe competent supervisory authority shall have the power to bring violations of this Regulation to the attention of the judicial authorities and to engage in legal proceedings, in particular pursuant to Article 74(4) and Article 75(2).
2013/01/09
Committee: ITRE
Amendment 818 #

2012/0011(COD)

Proposal for a regulation
Article 53 – paragraph 4
4. EachThe competent supervisory authority shall have the power to sanction administrative offences, in particular those referred to in Article 79(4), (5) and (6).
2013/01/09
Committee: ITRE
Amendment 819 #

2012/0011(COD)

Proposal for a regulation
Article 55 – paragraph 1
1. Supervisory authorities shall provide each other relevant information and mutual assistance in order to implement and apply this Regulation in a consistent manner, and shall put in place measures for effective co- operation with one another. Mutual assistance shall cover, in particular, information requests and supervisory measures, such as requests to carry out prior authorisations and consultations, inspections and prompt information on the opening of cases and ensuing developments where data subjects in several Member States are likely to be affected by processing operationcause legal effects to the detriment of the data subjects.
2013/01/09
Committee: ITRE
Amendment 820 #

2012/0011(COD)

Proposal for a regulation
Article 55 – paragraph 2
2. Each supervisory authority shall take all appropriate measures required to reply to the request of another supervisory authority without delay and no later than one month after having received the request. Such measures may include, in particular, the transmission of relevant information on the course of an investigation or enforcement measures to bring about the cessation or prohibition of processing operations that have been proven contrary to this Regulation.
2013/01/09
Committee: ITRE
Amendment 822 #

2012/0011(COD)

Proposal for a regulation
Article 58 – paragraph 1
1. Before athe competent supervisory authority adopts a measure referred to in paragraph 2, this competent supervisory authority shall communicate the draft measure to the European Data Protection Board and the Commission.
2013/01/09
Committee: ITRE
Amendment 833 #

2012/0011(COD)

Proposal for a regulation
Article 58 – paragraph 4
4. In order to ensure correct and consistent application of this Regulation, the Commission may, acting on its own behalf, and shall at the request of a stakeholder, request that any matter shall be dealt with in the consistency mechanism.
2013/01/09
Committee: ITRE
Amendment 842 #

2012/0011(COD)

Proposal for a regulation
Article 61 – paragraph 1
1. In exceptional circumstances, where a supervisory authority considers that there is an urgent need to act in order to protect the interests of data subjects, in particular when the danger exists that the enforcement of a right of a data subject could be considerably impeded by means of an alteration of the existing state or for averting major disadvantages or for other reasons, by way of derogation from the procedure referred to in Article 58, it may immediately adopt provisional measures with a specified period of validity. The supervisory authority shall, without delay, communicate those measures, with full reasons, to the competent supervisory authority, the European Data Protection Board and to the Commission.
2013/01/09
Committee: ITRE
Amendment 845 #

2012/0011(COD)

Proposal for a regulation
Article 66 – paragraph 1 – introductory part
1. The European Data Protection Board shall ensure the consistent application of this Regulation. To this effect, the European Data Protection Board shall, on its own initiative or, at the request of the Commission or other stakeholders, in particular:
2013/01/09
Committee: ITRE
Amendment 847 #

2012/0011(COD)

Proposal for a regulation
Article 66 – paragraph 1 – point b
(b) examine, on its own initiative or on request of one of its members or on request of the Commission,, the Commission or other stakeholders any question covering the application of this Regulation and issue guidelines, recommendations and best practices addressed to the supervisory authorities in order to encourage consistent application of this Regulation;
2013/01/09
Committee: ITRE
Amendment 849 #

2012/0011(COD)

Proposal for a regulation
Article 66 – paragraph 4 a (new)
(4a) Where appropriate, the European Data Protection Board shall, in its execution of the tasks as outlined in article 66, consult interested parties and give them the opportunity to comment within a reasonable period. The European Data Protection Board shall, without prejudice to Article 72, make the results of the consultation procedure publicly available.
2013/01/09
Committee: ITRE
Amendment 861 #

2012/0011(COD)

Proposal for a regulation
Article 77 – paragraph 1
1. Any person who has suffered damage as a result of an unlawful processing operation or of an action incompatible with this Regulation shall have the right to receive compensation from the controller or the processor for the damage suffered.
2013/01/09
Committee: ITRE
Amendment 864 #

2012/0011(COD)

Proposal for a regulation
Article 77 – paragraph 2
2. Where more than one controller or processor is involved in the processing, each controller or processor shall be jointly and severally liable for the entire amount of the damage to the extent that the joint controllers' respective liability has not been determined in the legal arrangement referred to in Article 24.
2013/01/09
Committee: ITRE
Amendment 867 #

2012/0011(COD)

Proposal for a regulation
Article 77 – paragraph 3
3. The controller or the processor may be exempted from this liability, in whole or in part, if the controller or the processor proves that they areit is not responsible for the event giving rise to the damage.
2013/01/09
Committee: ITRE
Amendment 868 #

2012/0011(COD)

Proposal for a regulation
Article 79 – paragraph 1
1. EachThe competent supervisory authority shall be empowered to impose administrative sanctions in accordance with this Article.
2013/01/09
Committee: ITRE
Amendment 869 #

2012/0011(COD)

Proposal for a regulation
Article 79 – paragraph 2
2. The administrative sanction shall be in each individual case effective, proportionate and dissuasive. The amount of the administrative fine shall be fixed with due regard to the nature, gravity and duration of the breach, the sensitivity of the personal data at issue, the intentional or negligent character of the infringement, the degree of harm or risk of significant harm created by the violation, the degree of responsibility of the natural or legal person and of previous breaches by this person, the technical and organisational measures and procedures implemented pursuant to Article 23 and the degree of co-operation with the supervisory authority in order to remedy the breach. While some discretion is granted in the imposition of such sanctions to take into account the circumstances outlined above and other facts specific to the situation, divergences in the application of administrative sanctions may be subject to review pursuant to the consistency mechanism.
2013/01/09
Committee: ITRE
Amendment 873 #

2012/0011(COD)

Proposal for a regulation
Article 79 – paragraph 3 – introductory part
3. In case of a first and non-intentional non-compliance with this Regulation, a warning in writing may be given and no sanction imposed, where:.
2013/01/09
Committee: ITRE
Amendment 874 #

2012/0011(COD)

Proposal for a regulation
Article 79 – paragraph 3 – point a
(a) a natural person is processing personal data without a commercial interest; ordeleted
2013/01/09
Committee: ITRE
Amendment 875 #

2012/0011(COD)

Proposal for a regulation
Article 79 – paragraph 3 – point b
(b) an enterprise or an organisation employing fewer than 250 persons is processing personal data only as an activity ancillary to its main activities.deleted
2013/01/09
Committee: ITRE
Amendment 890 #

2012/0011(COD)

Proposal for a regulation
Article 83 – paragraph 1 – introductory part
1. Within the limits of this Regulation, personal data may be processed for historical, statistical or scientific research purposespurposes under paragraph 2 of Article 6 and point (i) of Article 9(2) only if:
2013/01/09
Committee: ITRE
Amendment 894 #

2012/0011(COD)

Proposal for a regulation
Article 83 – paragraph 1 – introductory part
1. Within the limits of this Regulation, personal data may be processed for historical, statistical or scientific research purposes only if:
2013/01/09
Committee: ITRE
Amendment 897 #

2012/0011(COD)

Proposal for a regulation
Article 83 – paragraph 1 a (new)
(1a) Further processing of data for historical, statistical or scientific purposes shall not be considered as incompatible under point (b) of Article 5(1) provided that the processing: (a) is subject to the conditions and safeguards of this Article; and (b) complies with all other relevant legislation.
2013/01/09
Committee: ITRE
Amendment 905 #

2012/0011(COD)

Proposal for a regulation
Article 83 – paragraph 2 – point c a (new)
(ca) the personal data is processed for the purpose of generating aggregate data reports, wholly composed of either anonymous data, pseudonymous data or both.
2013/01/09
Committee: ITRE
Amendment 906 #

2012/0011(COD)

Proposal for a regulation
Article 83 – paragraph 2 a (new)
(2a) A controller or processor may transfer personal data to a third country or an international organisation for historical, statistical or scientific purposes if: (a) these purposes cannot be otherwise fulfilled by processing data which does not permit or not any longer permit the identification of the data subject; (b) the recipient does not reasonably have access to data enabling the attribution of information to an identified or identifiable data subject; and (c) contractual clauses between the controller or processor and the recipient of the data prohibit re-identification of the data subject and limit processing in accordance with the conditions and safeguards laid down in this Article.
2013/01/09
Committee: ITRE
Amendment 1719 #

2012/0011(COD)

Proposal for a regulation
Article 23 – paragraph 1 a (new)
1a. In order to foster its widespread implementation in different economic sectors, data protection by design shall be a prerequisite for public procurement tenders according to the Directive of the European Parliament and of the Council on public procurement as well as according to the Directive of the European Parliament and of the Council on procurement by entities operating in the water, energy, transport and postal services sector (Utilities Directive).
2013/03/06
Committee: LIBE
Amendment 2 #

2011/2288(INI)

Draft opinion
Paragraph 1 a (new)
1a. Emphasises that improved framework conditions for manufacturers and producers in the EU would establish important incentives for investment;
2012/02/21
Committee: ITRE
Amendment 3 #

2011/2288(INI)

Draft opinion
Paragraph 2
2. Stresses the need to harmonise and simplify regulations and fiscal and tax conditat, with 500 million consumers, the European single market offers decisive advantages as a location for investors which must be further developed; in this context, calls for the greatest possible harmonisation of regulations for products and services and the further dismantling of unnecessary bureaucracy for internationally active businesses; invites the Commissions to guarantee free and fair competition and patent protection and to simplify investors’ access to the EUuse the consistent enforcement of competition rules and of the basic freedoms set out in the Treaty on European Union to guarantee free and fair competition in the single market;
2012/02/21
Committee: ITRE
Amendment 13 #

2011/2288(INI)

Draft opinion
Paragraph 3
3. Believes that the EU’s future attractiveness also relies on maintaining its reputation for quality,competitiveness for specialisation and a skilled workforce, while reducing business costs, at the same time, establishing the right framework conditions to enable businesses to gain greater efficiency;
2012/02/21
Committee: ITRE
Amendment 27 #

2011/2288(INI)

Draft opinion
Paragraph 4 – point a
a) become a leader in new kinds of economic technology, such as sustainable and digital offer better framework conditions for research and innovation, particularly in relation to central key tecohnomies, key enabling technologies and renewable energylogies of the future as well as green technologies and information technologies,
2012/02/21
Committee: ITRE
Amendment 31 #

2011/2288(INI)

Draft opinion
Paragraph 4 – point a a (new)
aa) offer economical and effective protection for intellectual property rights in order to make the EU more attractive to innovative businesses, in particular through the rapid introduction of the EU patent,
2012/02/21
Committee: ITRE
Amendment 33 #

2011/2288(INI)

Draft opinion
Paragraph 4 – point b
b) invest in and support innovative businesses in becoming commercially successful, for example by promoting business parks with incubation units, so as to ensure a transfer of technology and knowledge for SMEs and young entrepreneurs in particular and in order to foster synergies between research, education and innovation,
2012/02/21
Committee: ITRE
Amendment 38 #

2011/2288(INI)

Draft opinion
Paragraph 4 – point c
c) launch urban infrastructure projects, including digitalcontinue to promote the coordinated expansion of infrastructure,s in all EU regions and innovative business parks with incubation units to guarantee technology and knowledge transfer, especially for SMEs and young entrepreneurs, fostering synergies between research, education and innovationthe areas of transport, energy and telecommunications in all EU regions, for example by means of public programmes and by issuing project bonds,
2012/02/21
Committee: ITRE
Amendment 44 #

2011/2288(INI)

Draft opinion
Paragraph 4 – point d
d) secure a reliable and affordable provision of energy and non-energetic raw materials in order to foster the EU as an attractive manufacturing base;
2012/02/21
Committee: ITRE
Amendment 63 #

2011/2288(INI)

Draft opinion
Paragraph 5
5. Welcomes the Commission’s proposal for a programme focusing on the competitiveness of businesses and SMEs, but reiterates that the EU should further simplify access to finance for SMEs, for example by structuring an effective EU venture capital system and by enhancing the role of private equity firms in financing long-term corporate growth.
2012/02/21
Committee: ITRE
Amendment 26 #

2011/2284(INI)

Motion for a resolution
Paragraph 5
5. Urges ENISA to coordinate and implement annual EU Internet Security Awareness Months, so that issues relating to cyber-security become a special focus for the Member States and EU citizens;deleted
2012/03/06
Committee: ITRE
Amendment 34 #

2011/2284(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Calls on the Commission and the Member States to take the necessary measures in order to protect critical infrastructure from cyber attacks and provide for means to hermetically cut off access to a critical infrastructure in case a direct cyber attack severely threatens its proper functioning;
2012/03/06
Committee: ITRE
Amendment 38 #

2011/2284(INI)

Motion for a resolution
Paragraph 7
7. Recommends that the Commission propose binding measures designed to imposeublish recommendations on minimum standards and improve coordination among the national CERTs;
2012/03/06
Committee: ITRE
Amendment 40 #

2011/2284(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Calls on Member States and the EU institutions to assure the existence of well- functioning CERTs, featuring minimum security and resilience capabilities based on agreed best practices. National CERTs should be part of an effective network in which relevant information is exchanged in accordance with the necessary standards of confidentiality. Calls for the establishment of a 24/7 continuity of CIIP service for each Member State, as well as the setting up of a common European emergency protocol to be applicable between the national contact points;
2012/03/06
Committee: ITRE
Amendment 45 #

2011/2284(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Suggests that the Commission launches a public pan-European education initiative, focused at educating and raising awareness of both private and business end-users for potential threats on the Internet and fixed and mobile ICT devices at every level of the utility chain and in promoting safer individual online behaviours; Reminds in this regard of the risks associated with outdated IT equipment and software. Recommends providing incentives to companies for regular software updates and hardware upgrades to ensure a high level of IT security;
2012/03/06
Committee: ITRE
Amendment 54 #

2011/2284(INI)

Motion for a resolution
Paragraph 12
12. Calls on the Commission to propose an EU framework for the notification ofesent recommendations for security/data breaches notification in critical sectors (information and communication technologies, financial services, energy, transport, water and food supply), with a view to informing theto notify relevant Member States and useruthorities of cyber- incidents, -attacks and -or disruptions;
2012/03/06
Committee: ITRE
Amendment 5 #

2011/2272(INI)

Motion for a resolution
Recital A a (new)
(Aa) Whereas the ambition for EU consumer policy should be a high level of empowerment and protection for every consumer;
2012/03/14
Committee: IMCO
Amendment 8 #

2011/2272(INI)

Motion for a resolution
Recital B
(B) Whereas the single market must ensure, also, a high level of protection for vulnerable consumers and of strengthening their capabilities,consumer protection in the single market should also take into account the specific needs of vulnerable consumers;
2012/03/14
Committee: IMCO
Amendment 14 #

2011/2272(INI)

Motion for a resolution
Recital C
(C) Whereas vulnerable consumers are a heterogeneous group comprised of persons who are considered as such because of their mental, physical or psychological disability, their age, their credulity or their education, or persons made vulnerable by their social and financial situation who require special protection and a specific strategy on the part of the authorities,means those who, for reasons such as age or mental, physical or psychological disability have difficulties in accessing and comprehending relevant consumer information and who therefore require special protection;
2012/03/14
Committee: IMCO
Amendment 23 #

2011/2272(INI)

Motion for a resolution
Paragraph 2
2. Underlines that the strategy for the rights of vulnerable consumers must focus on effectively protecting consumers and preventing vulnerability, irrespective of the instrument usedEU must focus on effectively protecting the rights of all consumers, including vulnerable consumers;
2012/03/14
Committee: IMCO
Amendment 31 #

2011/2272(INI)

Motion for a resolution
Paragraph 3
3. Asks the Commission and encourages the Member States to maintain constant and close observation of social and consumer behaviour that may place certain groups or individuals in vulnerable situations in order to prevent such behaviour, and to put an end to vulnerability, when it occurs, through specific protection measureidentify situations where certain groups or individuals are especially vulnerable, for instance analysing consumer claims;
2012/03/14
Committee: IMCO
Amendment 43 #

2011/2272(INI)

Motion for a resolution
Paragraph 4
4. Notes that Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business- to-consumer commercial practices in the internal market focuses insufficiently on the problem of vulnerability, limitings itself to consumers' economic interest,;
2012/03/14
Committee: IMCO
Amendment 49 #

2011/2272(INI)

Motion for a resolution
Paragraph 5
5. Regrets thatTakes note of Directive 2011/83/EU on consumer rights, which is the most recent instrument devoted to the protection thereof, does not apply to certain sectors where a particular vulnerability exists, and does not contain a specific regulation in regard thereto, beyond a mention in Whereas clause 34;
2012/03/14
Committee: IMCO
Amendment 55 #

2011/2272(INI)

Motion for a resolution
Paragraph 6
6. Regrets thatWelcomes the efforts of the European Commission are centred principally oin promoting consumer empowerment; althoughsupports the Commission's concern thatefforts to better inform European consumers be better informed about their options and their rights is laudable, andas all action in this regard contributes to a more efficient and fair internal market,; is concerned that this focus is clearlymay be insufficient to protect vulnerable consumers, who require specific attention;
2012/03/14
Committee: IMCO
Amendment 59 #

2011/2272(INI)

Motion for a resolution
Paragraph 7
7. Notes that many consumers' vulnerability results precisely from their lack of assertiveness andccess to or comprehension of the information they receive or of the options available, or from their lack of awareness of the existing complaint and redress schemes, especially in the case of cross-border consumption, door-to-door sales and online commerce;
2012/03/14
Committee: IMCO
Amendment 68 #

2011/2272(INI)

Motion for a resolution
Paragraph 8
8. Points out that, in the case of contractual relations, the consumer frequently is the weaker party in such relations; when said party to said contracts is in a vulnerable situation, providers must be involved in the protection of said party, and the authorities and administrations must provide incentives to such involvement;
2012/03/14
Committee: IMCO
Amendment 75 #

2011/2272(INI)

Motion for a resolution
Paragraph 9
9. Underlines that Directive 2011/83/EU on consumer rights strengthens pre- contractual and contractual information requirements, articulating a stronger right of withdrawal when the provider or seller has failed to fulfil his legal obligation to provide said information, and requiring that it be conveyed in a clear and comprehensible manner; notes that, in spite of this, vulnerable consumers may be incapable of readaccessing or assimilatcomprehending the information given to them,;
2012/03/14
Committee: IMCO
Amendment 79 #

2011/2272(INI)

Motion for a resolution
Paragraph 10
10. Asks the European Commission and the Member States that the regulation of safety standards and conditions for certain products, especially those intended for use by consumers in vulnerable situations, consider not only the foreseen use but also the foreseeable use, and thatmphasises quality requirements and protection measures be emphasised;
2012/03/14
Committee: IMCO
Amendment 82 #

2011/2272(INI)

Motion for a resolution
Paragraph 10
10. Asks the European Commission and the Member States that the regulation of safety standards and conditions for certain products, especially those intended for use by consumers in vulnerable situations, consider not only the foreseen use but also the foreseeable use, and thatmphasises quality requirements and protection measures be emphasised;
2012/03/14
Committee: IMCO
Amendment 83 #

2011/2272(INI)

Motion for a resolution
Paragraph 11
11. Asks the Member States and the European Commission to devote their efforts to harmonising signage directed at citizens with disabilities, and to promote the provision of information by companies in formats accessible to saidall citizens;
2012/03/14
Committee: IMCO
Amendment 91 #

2011/2272(INI)

Motion for a resolution
Paragraph 12
12. Notes the fact that in international forums, the need to protect consumers through information and regulation of the financial markets has been recognised, the complexity of such markets entailing that in the majority of cases any consumer is vulnerablevulnerable consumers may have particular difficulties;
2012/03/14
Committee: IMCO
Amendment 101 #

2011/2272(INI)

Motion for a resolution
Paragraph 13
13. Deplores thatCalls on the industry to act responsibly when advertising for food with high fat, salt and sugar content is aimed at children and young people, who increasingly suffer the consequences of sedentariness and obesity;; recognises existing codes of conducts and similar initiatives by the industry; and calls on the actors involved to continue to educate and inform minors about the importance of a balanced dietnutrition and of an active, healthy lifestyle;
2012/03/14
Committee: IMCO
Amendment 116 #

2011/2272(INI)

Motion for a resolution
Paragraph 14
14. StressNotes that in spite of the existence ofing legislation on the subject, the lack of enforcement of said legislation means that travellers often find themselves in vulnerable situations, especially in case of cancellation or delay of their trip, which is exacerbated when the consumer suffers from a disability, consumers still frequently encounter difficulties when travelling; encourages the European Commission and the Member States to take the necessary measures to facilitate consumer access to claim procedures and to ensure transparency in fares;
2012/03/14
Committee: IMCO
Amendment 123 #

2011/2272(INI)

Motion for a resolution
Paragraph 15
15. DeplorNotes that the digitalisation of services and the added cost that the management thereof poses for brick-and- mortar offices and stores may mean that senior consumers, who are the ones primarily affected by the digital divide, cannot take advantage of the benefits of online commerce and are also impacted by the ‘poverty premium’, paying more for the same productsmay mean that consumers who for various reasons cannot access or use the internet cannot take advantage of the benefits of online commerce and are therefore excluded from a substantial part of the internal market;
2012/03/14
Committee: IMCO
Amendment 132 #

2011/2272(INI)

Motion for a resolution
Paragraph 16
16. UnderlinWelcomes that the liberalisation of the main supply markets, in general, has not resulted in a general loweriincreased competition and therefore made available a wider range of prices, and has in fact resulted in added difficulty for the majority of citizens in knowing the best price, changing providers and understanding the items billedoducts and services for consumers; underlines that larger choice for consumers also requires better information;
2012/03/14
Committee: IMCO
Amendment 138 #

2011/2272(INI)

Motion for a resolution
Paragraph 17
17. Calls onSupports the work by the European Commission and the Member States to consider establishing free-of-charge mechanisms for alternative dispute resolution that can be activated automatically when a vulnerable consumer is involved, as well as for collective actionon alternative dispute resolution and online dispute resolution and, in this context, calls on the Commission and the Member States to take into account vulnerable consumers;
2012/03/14
Committee: IMCO
Amendment 144 #

2011/2272(INI)

Motion for a resolution
Paragraph 18
18. Asks the European Commission and the Member States to collaborate on the adoption of a broad and coherent political and legislative strategy against vulnerability, especially intake account of the specific needs of vulnerable consumers in the adoption of the Consumer Agenda and the Consumer Programme;
2012/03/14
Committee: IMCO
Amendment 62 #

2011/2147(INI)

Motion for a resolution
Paragraph 5
5. Calls for the next European strategy to set more measurable goals, together with binding timetables and a periodic evaluation; hopes to see the objective of one labour inspector per 10 000 workers, as recommended by the ILO, become binding;
2011/09/20
Committee: EMPL
Amendment 71 #

2011/2147(INI)

Motion for a resolution
Paragraph 7
7. Regrets the unequal application across the EU of the Framework Agreement on Work-related Stress and calls on the Commission to present a legislative proposal on work-related stress;
2011/09/20
Committee: EMPL
Amendment 85 #

2011/2147(INI)

Motion for a resolution
Paragraph 9
9. Draws attention to the proliferation of non-standard forms of employment (temporary work, seasonal work, part-time work, teleworking), which require a specific approach to worker protection; calls for the Commission to develop a legislative instrument on joint and several liability of enterprises in subcontracting chainsstudy the specific effects of these forms of employment on health and safety at work and where appropriate to develop measures accordingly;
2011/09/20
Committee: EMPL
Amendment 101 #

2011/2147(INI)

Motion for a resolution
Paragraph 14
14. Notes the reduction in the number of accidents at work in the EU, which is probablyand calls on the Commission to investigate to what extent this is due to lower employment levels and a continuing shift to the tertiary sector; hopes that the objectives set at European and national levels and the evaluation of their achievement take better account of this macroeconomic dimension;
2011/09/20
Committee: EMPL
Amendment 111 #

2011/2147(INI)

Motion for a resolution
Paragraph 17
17. Questions whether rights to OHS are respected in the case of undeclared activities; sStresses that OHS is a right irrespective of the worker’s status, and that this right must be made effective through legislation;
2011/09/20
Committee: EMPL
Amendment 161 #

2011/2147(INI)

Motion for a resolution
Paragraph 23
23. Is concerned about the impact of subcontracting, for example in civil and military nuclear installations, as each employer tends tothere is a risk here that employers will limit their preventive actions to their own employees; calls on the Commission to propose legislation on subcontracting; examine potential problems relating to subcontracting and, where appropriate, to propose appropriate measures;
2011/09/20
Committee: EMPL
Amendment 171 #

2011/2147(INI)

Motion for a resolution
Paragraph 24
24. Calls on the Commission to propose a directive18 protecting people who legitimately draw attention to and investigate unacknowledged risks in an enterprise; __________________ 18. Whistleblower Protection Act.delete On the model of the 1989 US
2011/09/20
Committee: EMPL
Amendment 172 #

2011/2147(INI)

Motion for a resolution
Paragraph 24 – footnote 18
18. On the model of the 1989 US Whistleblower Protection Act.delete
2011/09/20
Committee: EMPL
Amendment 197 #

2011/2147(INI)

Motion for a resolution
Paragraph 27
27. Is concerned about working conditions in the nuclear sector, which employs seconded workers, agency workers and subcontractors who are poorly informed about their rights; draws attention to the risks that a low level of social protection poses to these workers;delete
2011/09/20
Committee: EMPL
Amendment 199 #

2011/2147(INI)

Motion for a resolution
Paragraph 28
28. Calls for an impact assessment of the potential risks from nanotechnologies in the workplace;delete
2011/09/20
Committee: EMPL
Amendment 205 #

2011/2147(INI)

Motion for a resolution
Paragraph 29
29. Considers that excessive working hours and insufficient rest periods are major factors in the increased level of occupational accidents and diseases; hopes that the opt-out provisions applicable to Directive 2003/88/EC will be removed; stresses that these provisions violate the fundamental principles of OSHcalls on Member States to ensure that the relevant protective measures are maintained;
2011/09/20
Committee: EMPL
Amendment 210 #

2011/2147(INI)

Motion for a resolution
Paragraph 30
30. Is alarmed at the increase in enforced part-time work, disjointed hours and night work; calls for the risks to the balance between work and private life posed by teleworking and multiple jobs to be assessed;
2011/09/20
Committee: EMPL
Amendment 217 #

2011/2147(INI)

Motion for a resolution
Paragraph 31
31. Hopes that the future legislative proposal22 on musculoskeletal disorders will cover all workers; __________________ 22. working programme for 2011.delete Scheduled in the Commission's
2011/09/20
Committee: EMPL
Amendment 218 #

2011/2147(INI)

Motion for a resolution
Paragraph 31 – footnote 22
22. Scheduled in the Commission's working programme for 2011.delete
2011/09/20
Committee: EMPL
Amendment 236 #

2011/2147(INI)

Motion for a resolution
Paragraph 36
36. Believes that maximum exposure limits based on health effects and not on an evaluation of technical feasibility, as is currently the case, should be established at European level for the majority of carcinogenic substances;delete
2011/09/20
Committee: EMPL
Amendment 18 #

2011/2146(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Welcomes the Commission’s move to take account, when considering the legality of aid to major commercial services of general economic interest, of the cost-efficiency afforded by the service provider; takes the view that this not only strengthens competition but also leads to a more efficient use of public funds;
2011/09/02
Committee: IMCO
Amendment 18 #

2011/2117(INI)

Draft opinion
Paragraph 3
3. Agrees with the Commission that appropriate access to reparation in the internal market requires both the possibility of easy recourse to ADR and the existence of an effective system for collective claims, the two being complementary;
2011/07/20
Committee: IMCO
Amendment 43 #

2011/2117(INI)

Draft opinion
Paragraph 6 – indent 5
free servicecosts: the issue of the cost of ADR should be resolved in order to ensure that such an option is attractive to the parties concerned: a system that, if a case is won, is entirely free to the consumer must be considered, although it should be possible to require the consumer to pay a token deposit of up to EUR 25, which, if the case is won, would be paid back and, if it is lost, would be retained to cover the costs of the procedure;
2011/07/20
Committee: IMCO
Amendment 1 #

2011/2089(INI)

Draft opinion
Recital A
A. whereas consumers affected by a legal infringement that wish to pursue a court case in order to obtain redress facehave a wide range of means at their disposal if they wish to settle the dispute out of court and obtain redress, and whereas legal action involves significant barriers in terms of the effectiveness and affordability due to high litigation costsof the procedure, complex and lengthy procedureedings and a lack of information on the available means of redress,
2011/07/25
Committee: IMCO
Amendment 3 #

2011/2089(INI)

Draft opinion
Recital B
B. whereas individual lawsuits are oftenin some cases not an effective means to stop unlawful practices or to obtain compensation, as some consumers are reluctant to initiate private lawsuits, in particular if the individual loss is small in comparison to the potential costs,
2011/07/25
Committee: IMCO
Amendment 9 #

2011/2089(INI)

Draft opinion
Recital C
C. whereas 79% of European consumers state that they would be moreconsumers in the various Member States differ in their stated degree of willingness to defend their rights in court if they could join a collective action,
2011/07/25
Committee: IMCO
Amendment 13 #

2011/2089(INI)

Draft opinion
Recital D
D. whereas public enforcement by way of ceasing infringements and imposing fines does not in itself enable consumers to be compensated for damage sufferis the best way of punishing breaches of the law, as society as whole benefits from the compensation obtained,
2011/07/25
Committee: IMCO
Amendment 14 #

2011/2089(INI)

Draft opinion
Recital E
E. whereas the overall performance of the existing consumer redress and enforcement tools designed at EU level is notcan be deemed satisfactory, so that no further action is necessary,
2011/07/25
Committee: IMCO
Amendment 19 #

2011/2089(INI)

Draft opinion
Recital F
F. whereas bundling of the claims in a single collective redress procedure, or allowing such a claim to be brought by a representative entity or body acting in the public interest, cwould perhaps simplify the process and reduce costs for the parties involvedindividual plaintiffs, but would at the same lead to an exponential increase in the costs incurred by defendants,
2011/07/25
Committee: IMCO
Amendment 20 #

2011/2089(INI)

Draft opinion
Recital G
G. whereas despite the integration of European markets and the consequent increase in cross-border activities highlight the need for a coherent EU-wide approach to address the numerous mass detriment cases where consumers are left empty handed as the procedures for the collective claim of compensatory relief which have been introduced in a number of Member States do not provide for cross-border solutionrelatively few mass detriment cases are brought, so that there is no need for an EU-wide approach to address such cases,
2011/07/25
Committee: IMCO
Amendment 22 #

2011/2089(INI)

Draft opinion
Recital G a (new)
Ga. whereas collective legal enforcement systems are not part of the legal traditions of most Member States,
2011/07/25
Committee: IMCO
Amendment 24 #

2011/2089(INI)

Draft opinion
Recital G c (new)
Gc. whereas experience in this area gained in some countries clearly shows that the mere threat of collective legal action causes undertakings to incur substantial legal costs even if there is no evidence that they have broken the law,
2011/07/25
Committee: IMCO
Amendment 25 #

2011/2089(INI)

Draft opinion
Subheading 1
The need for an EU frameworkdeleted
2011/07/25
Committee: IMCO
Amendment 26 #

2011/2089(INI)

Draft opinion
Paragraph 1
1. Stresses that, as a consequence of the weaknesses of the current redress and enforcement framework in the EU, a significant proportion of consumers and SMEs who have suffered damage do not obtain redress, and continued illegal practices cause significant aggregate loss to society;
2011/07/25
Committee: IMCO
Amendment 33 #

2011/2089(INI)

Draft opinion
Paragraph 3
3. Notes with concern that the current lack of compensation is a major loophole in the legal system as it allows for illegal profit to be retained by traders;deleted
2011/07/25
Committee: IMCO
Amendment 37 #

2011/2089(INI)

Draft opinion
Paragraph 5
5. Emphasises that this situation leads to a significant discrimination in access to justice to the detriment of the internal market as consumers and businesses are being treated differently according to their place of residenceprovisions governing judicial procedures are a matter for the Member States;
2011/07/25
Committee: IMCO
Amendment 45 #

2011/2089(INI)

Draft opinion
Paragraph 6
6. Believes that numerous previous consultations have allowed for the identification of the relevant gaps inpros and cons of the existing regulatory framework, thus providing adequate evidence of thebut have not revealed any need for an EU action in the field of collective redress to remedy the current shortcomings;
2011/07/25
Committee: IMCO
Amendment 48 #

2011/2089(INI)

Draft opinion
Paragraph 7
7. Calls therefore on the Commission to submit a legislative initiative establishing a set of common principles for a collective redress mechanism applicable to both national and cross-border cases, while taking due account of the EU legal tradition and the legal orders of the 27 Member Staterespect the EU legal tradition and the legal orders of the 27 Member States and not to take any further action with regard to collective enforcement of rights;
2011/07/25
Committee: IMCO
Amendment 57 #

2011/2089(INI)

Draft opinion
Paragraph 8
8. Stresses that a momentum for harmonisation on European level also arises sincethe fact that certain Member States are currently considering possibilities of introducing substantial reforms concerning their collective redress schemes shows that this problem can be solved satisfactorily at national level;
2011/07/25
Committee: IMCO
Amendment 70 #

2011/2089(INI)

Draft opinion
Paragraph 10
10. Stresses that a European approach to collective redress shwould not give anyentail the inherent risk of creating economic incentives to bring abusive collective actions, and should provide for effective safeguards to avoidwhich would give rise to unmeritorious claims and disproportionate costs for businesses, particularly in this period of financial crisis;
2011/07/25
Committee: IMCO
Amendment 72 #

2011/2089(INI)

Draft opinion
Paragraph 11
11. Underlines that an effective collective redress system should beis not normally capable of delivering legally certain, fair and adequate outcomes within a reasonable timeframe, while respecting the rights of all parties involved;
2011/07/25
Committee: IMCO
Amendment 74 #

2011/2089(INI)

Draft opinion
Paragraph 12
12. Emphasises that features which encourage a litigation culture such as punitive damages, contingency fees, the absence of limitations as regards standing, and excessive damages are not compatible with the European legal tradition and shouldmust be avoided at all costs;
2011/07/25
Committee: IMCO
Amendment 81 #

2011/2089(INI)

Draft opinion
Paragraph 13
13. Stresses that the efficiency of collective redress requires a representative entity (e.g. Ombudsmen, consumer or trade associations) to be able to stand for victims from other Member States, whereas a representative entity could be also allowed to represent victims in judicial or out-of-court proceedings in another Member State;deleted
2011/07/25
Committee: IMCO
Amendment 90 #

2011/2089(INI)

Draft opinion
Paragraph 14
14. Maintains that the court has a crucial role to play in deciding on the admissibility of the claim, the representativeness of the claimant and controlling the ways to inform consumers;Does not affect the English version.
2011/07/25
Committee: IMCO
Amendment 94 #

2011/2089(INI)

Draft opinion
Paragraph 15
15. Considers that the judge should also determine how the compensation is to be organised and check if funding arrangements are fair; stresses that court control mechanisms and proportionality requirements wouldmust protect defendants against abuse of the system;
2011/07/25
Committee: IMCO
Amendment 104 #

2011/2089(INI)

Draft opinion
Paragraph 17
17. Affirms that, in order to make collective actions practically possible, Member States should ensure that adequate funding mechanisms are made available; stresses that public authorities should refuse to allocate resources to unmeritorious claims;deleted
2011/07/25
Committee: IMCO
Amendment 114 #

2011/2089(INI)

Draft opinion
Paragraph 18
18. Is conscious that some consumer organisations may be unable to pursue collective actions due to a lack of resources, and therefore an equitable mechanism for bearing the costs of proceedings would need to be introduced as without appropriate funding only a very limited number of cases will be taken.deleted
2011/07/25
Committee: IMCO
Amendment 3 #

2011/2085(INI)

Draft opinion
Paragraph 1
1. WelcomesTakes note of the results of the evaluation and welcomes the future plans outlined by the Commission, and; urges that the remaining regulatory barriers such as reserve of activities, insurance obligation, legal form and capital ownership requirements be tackled; calls on the Commission to concentrate its actions on unjustified or disproportionate requirements which should be removed in order to guarantee the smooth functioning of the Single Market;
2011/07/19
Committee: EMPL
Amendment 4 #

2011/2085(INI)

Draft opinion
Paragraph 1 a (new)
1a. Points out the great employment potential of the Single Market for services, given that in recent years services have been the source of all net job creation in the EU;
2011/07/19
Committee: EMPL
Amendment 17 #

2011/2085(INI)

Draft opinion
Paragraph 5
5. Believes that, for the purpose of implementing the EU 2020 Strategy and the Single Market Act, there is a need, in addition to the services directive, to tackle complementary issues related to mobility of service providers and workers; calls therefore for complementary labour market polon the Commission, as part of its "performance check" of the Single Market for servicies and for more legal certainty, in particular with regard to the improved, to take account of EU instruments beyond the Services Directive, in particular with regard to the recognition of professional qualifications, portability of pension rights, posting of workers and certain social security and labour law provisions;
2011/07/19
Committee: EMPL
Amendment 20 #

2011/2085(INI)

Draft opinion
Paragraph 5 a (new)
5a. Underlines that small and medium- sized service providers, which are key drivers for employment and social inclusion, are the most affected by unjustified or disproportionate requirements; notes the important role of alternative dispute resolution mechanisms such as SOLVIT in ensuring that service providers, SMEs in particular, can fully benefit from their Single Market rights; welcomes the Commission's announcement that it will assess the effectiveness of these tools and report on the need for further specific initiatives;
2011/07/19
Committee: EMPL
Amendment 1 #

2011/2084(INI)

Draft opinion
Paragraph 1
1. Points out that whilst Member States’ attitudes towards online gambling vary, theis a spector is anial kind of economic activity, to which internal market rules, namely freedom of establishment and freedom to provide services, mustcannot fully apply;
2011/06/23
Committee: JURI
Amendment 17 #

2011/2084(INI)

Draft opinion
Paragraph 4
4. Notes that the endless duplication of licensing requirements in national legislation is licences for online gambling granted by the Member States are the best way to take accountrary to of the subsidiarity principle enshrined in the EU Treaty1;
2011/06/23
Committee: JURI
Amendment 21 #

2011/2084(INI)

Draft opinion
Paragraph 5
5. Deplores the fact that no progress has been made on pending infringement cases since 2008 and that no Member State has ever been referred to the European Court of Justice;
2011/06/23
Committee: JURI
Amendment 165 #

2011/2084(INI)

Motion for a resolution
Paragraph 9
9. Calls - in keeping with the principle of ‘active subsidiarity’ - for a common regulatory framework laying down binding high-level minimum standards with regard to preventing gambling addiction and betting fraud and to protecting young people; states that, where a provider complies with those minimum standards, the other Member States should recognise this accordingly, in order to avoid unnecessary administrative burden, but may set further conditions; is of the opinion that a pan- European code of conduct for Internet gambling could be a first step;
2011/09/08
Committee: IMCO
Amendment 201 #

2011/2084(INI)

Motion for a resolution
Paragraph 13
13. Calls therefore for cooperation between national regulatory bodies to be considerably expanded, giving them a sufficient remit, with the Commission as coordinator, so as to develop common standards and take joint action against the unregulated black market; states that, in particular for identifying gamblers and combating money laundering, national standalone solutions are not successful; states that the Gaming Regulators European Forum (GREF) network, the European Regulatory Platform and the Internal Market Information System could serve as the basis for this;
2011/09/08
Committee: IMCO
Amendment 222 #

2011/2084(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Observes that, according to a recently published study2, the gambling market was identified as the sector where the lack of an alternative dispute resolution system most frequently makes itself felt; suggests, therefore, that national regulatory agencies could establish alternative dispute resolution systems for the on-line gambling sector;
2011/09/08
Committee: IMCO
Amendment 263 #

2011/2084(INI)

Motion for a resolution
Paragraph 18
18. Points to the need for pragmatic solutions with regard to advertising for, and sponsoring of, sports events by Internet gambling providers; is of the opinion that common advertising standards should be adopted which sufficiently protect on the one hand vulnerable consumers but on the other hand also regulated markets, but at the same time make sponsorship of international events possible, and that advertising bans are in any case ineffective;
2011/09/08
Committee: IMCO
Amendment 3 #

2011/2083(INI)

Motion for a resolution
Recital A
A. whereas Customs Union is one of the essential milestones of European Integration and a basis for the free movement of goods, economic development and growth in the internal market;
2011/10/18
Committee: IMCO
Amendment 9 #

2011/2083(INI)

Draft opinion
Paragraph 2
2. Believes there is a need for modernisation measures such as simpler customs legislation and interoperable computerised customs systems which will help facilitate commercial practices; recalls that an oral customs declaration for goods of less than 1,000 Euro, which is currently in place, constitutes an essential simplification of trade operations for many SMEs and should be maintained;
2011/09/26
Committee: INTA
Amendment 9 #

2011/2083(INI)

Motion for a resolution
Recital C
C. whereas customs is primarily characterised by evertoday face increasing volumes of import, export and transit transactions while resources remain limited and therefore efficient and effective risk management is of particular importance;
2011/10/18
Committee: IMCO
Amendment 10 #

2011/2083(INI)

Motion for a resolution
Recital D a (new)
Da. whereas a smooth, simple and well- functioning customs system is of essence to facilitate mobility of goods and trade on the internal market, especially for SMEs;
2011/10/18
Committee: IMCO
Amendment 12 #

2011/2083(INI)

Motion for a resolution
Paragraph 1
1. Is convinced that modernisation of customs should be a high political priority, as customs iswell-functioning, efficient and simplified customs procedures are essential in contributing to economic competitiveness, reliable trade relations with third countries, as well as safety and security in the EU;
2011/10/18
Committee: IMCO
Amendment 16 #

2011/2083(INI)

Motion for a resolution
Paragraph 2
2. Believes that the mission and image of customs should be redefined and given additional stimulus to reflect customs realities; cConsiders that allocation of appropriate financial resources for customs-related procedures and processein line with the budgetary frameworks is essential infor achieving this aim; calls on the Commission to revamp its strategye much needed modernisation onf customs;
2011/10/18
Committee: IMCO
Amendment 27 #

2011/2083(INI)

Draft opinion
Paragraph 6a (new)
6a (new). Calls on the Commission to maintain Article 24 of the Community Customs Code, so that the origin of goods continues to be determined according to the place where their last substantial economically justified processing occurred; stresses that changes to the status quo would burden businesses with avoidable administrative procedures and undermine ongoing harmonisation efforts at WTO level
2011/09/26
Committee: INTA
Amendment 29 #

2011/2083(INI)

Motion for a resolution
Paragraph 4
4. Believes, however, that given the limited resources of SMEs, the implementation of the new customs procedures and considerable investments to implementNotes that considerable investments may be needed to adapt to new customs procedures and modernised e- customs requirements; stresses thave tot these must be reasonable and insists on their assessment in the context of the impactnot to create unnecessary burdens, especially on SMEs;
2011/10/18
Committee: IMCO
Amendment 31 #

2011/2083(INI)

Motion for a resolution
Paragraph 5
5. Considers that customs controls should primarily target high-risk consignments, whereas low-risk consignments should be speedily released for free circulation; emphasises in that regard the crucial role of risk management techniques and strongly supports the introduction and further modernisation of electronic customs clearance systems; considers that effective risk management is dependent upon collection and proper assessment of high- quality information and its proper assessmenton quality and origin of goods;
2011/10/18
Committee: IMCO
Amendment 35 #

2011/2083(INI)

Motion for a resolution
Paragraph 6
6. While recognising the importance of supply chain security, considerelcomes indications that the US legislative requirement of 100 % scanning is overly burdensome and excessively costly, while actual benefits are doubtfulof US- bound container cargo might be reconsidered, and is determined to continue the transatlantic legislative dialogue with the US in order to achieve the repeal or amendment of legislationon this matter;
2011/10/18
Committee: IMCO
Amendment 43 #

2011/2083(INI)

Motion for a resolution
Paragraph 10
10. Applauds the proposal to align theWelcomes the envisaged alignment of provisions of the MCC on delegation of powers and granting of implementing powers with the Treaty of Lisbon; underlines that this new system is representative of a newly established balance between the European Parliament and the Council, especially as, with regard to delegated acts, both institutions are placed on an equal footing;
2011/10/18
Committee: IMCO
Amendment 46 #

2011/2083(INI)

Motion for a resolution
Paragraph 11
11. Recognisegrets that the postponement of the application of the MCC is appropriatefor practical reasons necessary; suggests, however, that the Commission explore possibilities of introducing gradual application of certain provisions of the MCC as soon as feasible and of setting an ambitious, but realistic new deadline for complete application of the MCC, e.g. 2015;
2011/10/18
Committee: IMCO
Amendment 72 #

2011/2083(INI)

Motion for a resolution
Paragraph 16 f (new)
16f. Underlines that it is important to foresee simplifications for customs declarations for commercial goods of less than 1,000 Euro in order to avoid bureaucracy for many SMEs; calls on the Commission to examine if current simplifications can be maintained in the ongoing harmonisation process and, should this not be the case, to introduce alternative facilitations for the import and export of low value goods;
2011/10/18
Committee: IMCO
Amendment 78 #

2011/2083(INI)

Motion for a resolution
Paragraph 16 k (new)
16k. Calls on the Commission to maintain the principle that the non preferential origin of goods is determined according to the place where their last substantial economically justified processing occurred; stresses that, if additional origin rules are established, this should be done in such a way as to avoid unnecessary administrative burdens for businesses and take into account the importance of facilitating international trade;
2011/10/18
Committee: IMCO
Amendment 81 #

2011/2083(INI)

Motion for a resolution
Paragraph 17
17. Encourages strong cooperation between customs administrations and market surveillance authorities, e.g. to intercept unsafe and/or non-compliant products at the border prior to their release for free circulation throughout the EU;
2011/10/18
Committee: IMCO
Amendment 96 #

2011/2083(INI)

Motion for a resolution
Paragraph 27
27. Suggests that the trade sector in the EU establish a true organisation that could speak with one voice, express common views and produce common positions;deleted
2011/10/18
Committee: IMCO
Amendment 106 #

2011/2083(INI)

Motion for a resolution
Paragraph 30
30. Calls on the Commission and the Member States to explore possibilities of establishing a European Customs Agency, exclusively dealing with customs issues,further increasing customs cooperation and harmonisation in order to improve the functioning of the Customs Union; calls on the Commission to addressconsider this issue when considering the follow-up to the Customs 2013 programme;
2011/10/18
Committee: IMCO
Amendment 2 #

2011/2071(INI)

Draft opinion
Paragraph 1
1. Calls on the European Council and the Commission to focus more, within the European Semester, on the Single Market which constitutes the economic pillar of the EU; stresses that the Single Market must be at the heart of a European Economic Governance focused on the aim of fostering growth, employment and social cohesion by overcoming internal imbalances and producing convergboosting competitiveness dynamics;
2011/07/22
Committee: IMCO
Amendment 4 #

2011/2071(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Welcomes the fact that ‘tapping the potential of the Single Market’ is listed in the 2011 Annual Growth Survey as one of ten objectives needing to be implemented by 2012;
2011/07/22
Committee: IMCO
Amendment 6 #

2011/2071(INI)

Draft opinion
Paragraph 1 c (new)
1 c. Calls on the Commission to include in the 2012 Annual Growth Survey the 12 priority measures of the Single Market Act which are due for adoption by the end of 2012;
2011/07/22
Committee: IMCO
Amendment 7 #

2011/2071(INI)

Draft opinion
Paragraph 1 d (new)
1 d. Calls on the Member States to carry out further reforms in the services sector in line with the Commission’s recommendations, in particular by removing unjustified restrictions on professional services, retailing and network industries, and to improve the business environment by reducing red tape and increasing transparency in the award of public procurement contracts;
2011/07/22
Committee: IMCO
Amendment 8 #

2011/2071(INI)

Draft opinion
Paragraph 1 e (new)
1 e. Calls on the Commission to draw the attention of Member States which are found in the evaluation of their National Reform Programmes not to be making optimum use of EU funding to the specific areas in which there is still untapped potential;
2011/07/22
Committee: IMCO
Amendment 12 #

2011/2071(INI)

Draft opinion
Paragraph 5
5. Calls on the Council and the Commission to broaden the scope of the European Semester using instruments such as the Internal Market Scoreboard and the suggested actions contained in the Single Market Actmmission to link the European Semester still more systematically to current EU initiatives such as the Internal Market Scoreboard and the Single Market Act, so as to take the completion of the Single Market fully into consideration and to secure the coherence of European economic policy;
2011/07/22
Committee: IMCO
Amendment 17 #

2011/2071(INI)

Draft opinion
Paragraph 6
6. Calls on the Commission and the Member States to increase support for SMEs which form the backbone of the Single Market economy in accordance with the findings of the Annual Growth Survey, in particular by the full implementation of the Small Business Act.
2011/07/22
Committee: IMCO
Amendment 2 #

2011/2048(INI)

Draft opinion
Paragraph 1
1. Notes that public procurement is a key market based instrument which, in addition to meeting other objectives, can plays a role in protecting and fostering sustainable employment and working conditions;
2011/06/24
Committee: EMPL
Amendment 6 #

2011/2048(INI)

Motion for a resolution
Citation 6 a (new)
- having regard to the Agreement on Government Procurement (GPA),
2011/07/26
Committee: IMCO
Amendment 8 #

2011/2048(INI)

Motion for a resolution
Citation 14 a (new)
- having regard to the Council Decision 2010/48, on the Conclusion of the United Nations Convention on the Rights of Persons with Disabilities which entered into force on 22nd January 2011, that identifies public procurement directives as community acts which refer to matters governed by the Convention,
2011/07/26
Committee: IMCO
Amendment 12 #

2011/2048(INI)

Draft opinion
Paragraph 1 a (new)
1a. Points out that current EU procurement law already allows for social aspects to be taken into account when public contracts are awarded; notes, however, that the practical application of the provisions in question needs to be clarified;
2011/06/24
Committee: EMPL
Amendment 17 #

2011/2048(INI)

Draft opinion
Paragraph 2
2. Recognises the significance of the GPA, which may limit the scope of any legislative adjustments at EU level as a number of procedural requirements originate directly from GPA; calls on the Commission to seek more, whilst observing the relevant principles in force (competition, transparency, non-discrimination, efficiency), to seek more simplicity and flexibility in the rules so as to ensure thfacilitate social procurement is allowable;
2011/06/24
Committee: EMPL
Amendment 27 #

2011/2048(INI)

Draft opinion
Paragraph 3
3. Recognises that contracting authorities have an important role in using their purchasing power to procure goods and services with higher ‘societal’ value; underlines that social procurement should be promoted in accordance with the principles of competition, transparency, non-discrimination and cost-effectiveness and respecting the needs of SME;
2011/06/24
Committee: EMPL
Amendment 32 #

2011/2048(INI)

Motion for a resolution
Paragraph 3
3. Asks for clarification and clear delineation of the scopes of the directives 2004/17/EC and 2004/18/EC; recalls that the main purpose of public procurement is the purchase of goods, works and services by public authorities to accommodate the needs of their citizens; points out that there must be a direct benefit for the contracting authority in order for a procedure to qualify as and that the main purpose of EU public procurement rules is to ensure equal treatment, non- discrimination, mutual recognition, proportionality and transparency by guaranteeing the opening-up of public procurement to competition;
2011/07/26
Committee: IMCO
Amendment 35 #

2011/2048(INI)

Motion for a resolution
Paragraph 4
4. Calls for clarification of the definitions in the directives – for example the definition of a ‘body governed by public law’ – in line with the jurisprudence of the ECJ and without reducing the scope of EU public procurement rules;
2011/07/26
Committee: IMCO
Amendment 37 #

2011/2048(INI)

Draft opinion
Paragraph 4
4. Underlines the importance of including skills and training requirements in contract specifications as a long term strategy; stresses however, that these actions must be relevantdirectly linked to the subject matter of the contract, and be proportionate, and economically advantageous and take into account the total life cost;
2011/06/24
Committee: EMPL
Amendment 40 #

2011/2048(INI)

Motion for a resolution
Paragraph 5
5. Recalls its resolution of May 2010 on recent developments in public procurement, which took note of the ECJ case-law and took the view that public- public cooperation was not subject to public procurement rules as long as the following criteria were met: that the purpose of the partnership was the provision of a public-service task conferred on all the local authorities concerned and, that the task was carried out solely by the public authorities concerned, i.e. without the involvement of private capital; underlines that those clarifications should be codified in the procurement directives; individuals or undertakings, and that the activity involved is essentially performed on behalf of the public authorities concerned; points out that furthermore, according to the ECJ, such cooperation must be governed solely by considerations and requirements relating to the pursuit of objectives in the public interest and respect the principle of equal treatment of the persons concerned, referred to in Directive 92/50, so that no private undertaking is placed in a position of advantage vis-à-vis competitors; calls on the Commission to produce comprehensive guidelines on the conditions for public-public cooperation, drawing on the conclusions of existing case law;
2011/07/26
Committee: IMCO
Amendment 42 #

2011/2048(INI)

Draft opinion
Paragraph 5
5. Notes that SMEs are the backbone of the EU economy and have a huge potential for job creation, growth and innovation and that greater access to procurement markets can assist SMEs in unlocking this potential; through, for example, les stringent requirements relating to evidence and guarantees and improved-procurement procedures; urges the Member States, therefore, to take more action to encourage compliance with the European Code of Best Practices to facilitate SME access to public procurement;'
2011/06/24
Committee: EMPL
Amendment 45 #

2011/2048(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Underlines that there is a difference between "horizontal" public-public cooperation and the direct award of a contract to an "in-house" operator, for which different criteria apply according to ECJ case law; asks for the inclusion of a mandatory prior notification by procurement authorities in case of an envisaged public-public cooperation or "in-house" procurement to improve transparency;
2011/07/26
Committee: IMCO
Amendment 51 #

2011/2048(INI)

Draft opinion
Paragraph 6
6. Underlines, in particular, that a change in procurement practices should seek to simplify procurement rules and make them more flexible, and thus facilitate socially innovative public procurement; stresses that, under existing EU procurement legislation, suitable instruments for that purpose are already available (such as performance requirements, the principle of the most economically advantageous offer and total life-cycle cost appraisal); calls on the Commission to keep up the pressure for instruments of this kind to be used and to look into additional possible means of promoting social innovation such as, for example, general acceptance of the admissibility of variants;
2011/06/24
Committee: EMPL
Amendment 55 #

2011/2048(INI)

Motion for a resolution
Paragraph 7
7. Emphasises that the current classification of A and B service categories should be maintained in so far as ‘lighter’ provisions for B services have their justification in their characteristics as mainly locally or regionally provided services; however calls on the Commission to re-assess the classification of certain services which have increasingly developed a cross-border nature, e.g. energy and transport services; asks the Commission to clarify the criteria underlying the current selection of all B services and the scope of each category; asks to make the list in Annex II B of directive 2004/18/EC exhaustive by transferring the category "other services" to Annex II A;
2011/07/26
Committee: IMCO
Amendment 73 #

2011/2048(INI)

Motion for a resolution
Paragraph 9
9. Takes the view that, in order to develop the full potential of public procurement, the standard criterion ofor the lowest price should be removed, and that in principle there should be only one optaward of a contract should be the "most economically advantageous tender", subject to the apply or explain principle; underlines that this would not exclude the lowest price as the decisive criterion forin the award of contracts: the most economically advantageous tender – including the entirecase of standardised goods or services; where relevant and proportionate, the evaluation of the tenders should take into account the total life- cycle costs; calls ofn the relevant goods, servicCommission to develop a common methodology and guidelines for works – should be chthis purposen;
2011/07/26
Committee: IMCO
Amendment 86 #

2011/2048(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Points out that within the current legal framework, public procurers can already apply additional award criteria in support of the EU2020 objectives, provided that such criteria are linked to the subject-matter of the contract, do not confer an unrestricted freedom of choice on the contracting authority, are expressly mentioned and comply with the fundamental principles of equal treatment, the non-discrimination, mutual recognition, proportionality and transparency; asks the Commission to give procurement bodies further guidance to make better use of these possibilities;
2011/07/26
Committee: IMCO
Amendment 106 #

2011/2048(INI)

Motion for a resolution
Paragraph 11
11. Points out that increased awareness of the environmental and climate impact of products and activities means that the possibility for public authorities to favour local suppliers should be considered, and the extent to which internal market rules allow this examinedprocurement authorities should include environmental costs in their assessment of the "most economically advantageous offer" and their calculation of life-cycle costs;
2011/07/26
Committee: IMCO
Amendment 129 #

2011/2048(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Points out that in order to ensure that public procurement contributes to ensuring further accessibility for persons with disabilities and reducing fragmentation of the internal market, accessibility criteria for persons with disabilities should be part of selection and execution criteria of the public procurement processes. This should apply for goods, services and public works purchased by governments and public utilities. This should apply as well to services delivered through the use of information and communication technologies and particularly when the procurement processes refer to the use of European funds such as Structural Funds and research funds;
2011/07/26
Committee: IMCO
Amendment 135 #

2011/2048(INI)

Motion for a resolution
Paragraph 13
13. Points out that the directives are often perceived as too detailed and have become increasingly technical and complex, at the same time the legal risk of non-compliance with these rules has increased considerably for contracting authorities and suppliers alike; notes that the fear of challenge leads to a risk-averse approach, which stifles innovation and sustainable development, resulting far too often in the cheapest price being opted for instead of the best value;
2011/07/26
Committee: IMCO
Amendment 140 #

2011/2048(INI)

Motion for a resolution
Paragraph 14
14. Advocates clear and simple rules with a reduction in the level of detail and greater reliance uponwhere this is possible without undermining the general principles of transparency, equal treatment and non- discrimination or the EU's obligations under the plurilateral Agreement on Government Procurement (GPA);
2011/07/26
Committee: IMCO
Amendment 153 #

2011/2048(INI)

Motion for a resolution
Paragraph 15
15. Advocates that negotiated procedures with prior announcement be allowed as a standard procedure; tTakes the view that further safeguards against abuse should be introduced in the form of requirements for written documentation; urges the Commission to includnegotiated procedure in the mfore flexible provisions for framewm of requirements for priork agreements in the directivesnnouncement and written documentation;
2011/07/26
Committee: IMCO
Amendment 160 #

2011/2048(INI)

Motion for a resolution
Paragraph 18
18. Points out that the contracting authorities should have the possibility to benefit from previous experience with a tenderer on the basis of an official evaluation report; recommends setting a time limit for exclusions, which should guarantee transparency and objectivity;deleted
2011/07/26
Committee: IMCO
Amendment 16 #

2011/2025(INI)

Draft opinion
Paragraph 1 a (new)
1a. Calls for a swift revision of the existing EU legislative framework on data protection, especially in view of the mounting threat to personal data posed by new forms of data processing, such as profiling or the unwanted transfer of data;
2011/03/24
Committee: IMCO
Amendment 21 #

2011/2025(INI)

Draft opinion
Paragraph 2
2. Emphasises the need for a coherent application of data protection rules to facilitate the smooth functioning of the internal market, taking into account the impact of new technologies on individuals’ rights, while ensuring free circulation of personal data to facilitate the smooth functioning of the internal marketwhere this does not harm the legitimate interests of the persons concerned;
2011/03/24
Committee: IMCO
Amendment 28 #

2011/2025(INI)

Draft opinion
Paragraph 2 a (new)
2a. Considers that profiling should, in principle, only be permitted where there is a solid legal basis, or if the persons concerned freely give their informed consent which can be revoked at any time;
2011/03/24
Committee: IMCO
Amendment 36 #

2011/2025(INI)

Draft opinion
Paragraph 3
3. Stresses the need for awareness-raising activities on data protection for service providers, as well as for citizens and consumers, to ensure that the rules on consent are implemented in a uniform way, especially in the online environment;
2011/03/24
Committee: IMCO
Amendment 40 #

2011/2025(INI)

Draft opinion
Paragraph 3 a (new)
3a. Emphasises that economic activities should never be carried out without input from those concerned; the latter must also always be given sufficient information to exercise their right to decide for themselves;
2011/03/24
Committee: IMCO
Amendment 67 #

2011/2025(INI)

Draft opinion
Paragraph 6 a (new)
6a. Calls for efforts to develop and support instruments that make it more attractive for business to agree on self- regulation, as this is significantly more effective than excessive state control;
2011/03/24
Committee: IMCO
Amendment 71 #

2011/2025(INI)

Draft opinion
Paragraph 6 b (new)
6b. Calls on the Commission not to propose too extensive a level of harmonisation that would inhibit tried and tested data protection systems such as in-house data protection controls carried out by a company’s own data controllers backed up by external checks by the State data protection supervisory authorities;
2011/03/24
Committee: IMCO
Amendment 74 #

2011/2024(INI)

Motion for a resolution
Paragraph 9
9. Highlights the call from stakeholders to place greater emphasis on continuous professional development (CPD); calls for the Commission to clarify the definition of CPD; encourages competent authorities to provide information on CPD during the recognition process and to exchange best practices in this area;
2011/09/22
Committee: IMCO
Amendment 188 #

2011/0439(COD)

Proposal for a directive
Recital 37 a (new)
(37a) For all procurement it is necessary that contracting authorities ensure that the products, services and works subject to the contract meet the requirements of data protection law. In order to ensure and demonstrate the protection of the rights and freedoms of data subjects with regard to the processing of personal data, tenderers should adopt internal policies and implement appropriate technical and organisational measures at the time of the design of the processing of personal data (data protection by design).
2012/09/03
Committee: IMCO
Amendment 195 #

2011/0439(COD)

Proposal for a directive
Recital 43
(43) Contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency, non-discrimination and equal treatment. Those criteria should guarantee that tenders are assessed in conditions of effective competition, also where contracting entities require high-quality works, supplies and services that are optimally suited to their needs. As a result, contracting entities should be allowed to adopt as award criteria either ‘the most economically advantageous tender’ or ‘the lowest cost’, taking into account that in the latter case they are free to set adequate quality standards by using technical specifications or contract performance conditions, in case of standardised goods, ‘the lowest prize'.
2012/09/03
Committee: IMCO
Amendment 201 #

2011/0439(COD)

Proposal for a directive
Recital 46
(46) Thoese sector-specific measures must be complemented by an adaptation of the public procurement Directives empowering contracting entauthorities to pursue the objectives of the Europe 2020 Strategy in their purchasing strategies. It should hence be made clear that contracting entauthorities can determine the most economically advantageous tender and the lowest cost using a life-cycle costing approach, provided that the methodology to be used is established in an objective and non- discriminatory manner and accessible to all interested parties. The notion of life-cycle costing includes all internal costs over the life- cycle of a works, supplies or services, both their internal costs (such as development, production, (such as use, maintenance and end-of- life disposal costs) and their external costs, provided they can be monetised and monitored. Common methodologies should be developed at the level of the Union for the calculation of life-cycle costs for specific categories of supplies or services; whenever such a methodology is developed its use should be made compulsory.
2012/09/03
Committee: IMCO
Amendment 209 #

2011/0439(COD)

Proposal for a directive
Recital 47
(47) Furthermore, in technical specifications and in award criteria, contracting entauthorities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life- cycle of a product or service, provided that they are linked to the subject-matter of the contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender characteristics related to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services32 and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is partypublic contract and proportionate to the value and objectives of the contract.
2012/09/03
Committee: IMCO
Amendment 213 #

2011/0439(COD)

Proposal for a directive
Recital 50
(50) Contract performance conditions are compatible with this Directive provided that they are not directly or indirectly discriminatory, are linked to the subject- matter of the contract and are indicated in the notice used to make the call for competition, or in the procurement documents. They may, in particular, be intended to favour on-site vocational training, the employment of people experiencing particular difficulty in achieving integration, the fight against unemployment, protection of the environment or animal welfareor professional training. For example, mention may be made of the requirements applicable during the performance of the contract to recruit long-term job-seekers or to implement training measures for the unemployed or for young persons, to comply in substance with fundamental International Labour Organisation (ILO) Conventions, even where such Conventions have not been implemented in national law, and to recruit more disadvantaged persons than are required under national legislation.
2012/09/03
Committee: IMCO
Amendment 223 #

2011/0439(COD)

Proposal for a directive
Recital 58
(58) Member States should designate a single national authority in charge of monitoring, implementation and control of public procurement. Such a central body should have first hand and timely information particularly in relation to different problems affecting the implementation of public procurement law. It should be able to provide immediate feedback on the functioning of the policy, the potential weaknesses in national legislation and practice and contribute to the quick identification of solutions. In view of efficiently fighting corrupion and fraud, this central body and the general public should also have the possibility to inspect the texts of concluded contracts. High-value contracts should hence be transmitted to the oversight body with a possibility of interested persons to have access to these documents, to the extent that legitimate public or private interests are not jeopardized.deleted
2012/09/03
Committee: IMCO
Amendment 240 #

2011/0439(COD)

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
An entirety of works, supplies and/or services which are uniform in character by their economic and technical functions, even if purchased through different contracts, constitutes a single procurement within the meaning of this Directive, if the contracts are part of one single project.
2012/09/03
Committee: IMCO
Amendment 253 #

2011/0439(COD)

Proposal for a directive
Article 2 – point 4 – point c
(c) it is financed, for the most part, bywhich satisfy at least one of the following conditions: (i) the majority of the funding is from the State, regional or local authorities, or other bodies governed by public law; or subject to management supervision by those bodies; or has an(ii) the majority of the administrative, managerial or supervisory board, more than half of whose members are appointed is appointed by the state, regional or local authorities, or other bodies governed by public law; (iii) decisions are subject to management control by the State, regional or local authorities, or by other bodies governed by public law;.
2012/09/03
Committee: IMCO
Amendment 264 #

2011/0439(COD)

Proposal for a directive
Article 2 – point 22
(22) 'life cycle' means all consecutive and/or interlinked stages, including production, transport, use and maintenance, throughout the existence of a product or a works or the provision of a service, from raw material acquisition or generation of resources toacquisition to use, maintenance, disposal, clearance and finalisation;.
2012/09/03
Committee: IMCO
Amendment 265 #

2011/0439(COD)

Proposal for a directive
Article 2 – point 22 a (new)
(22a) 'standardised products' means products which do not differ significantly in their composition or characteristics.
2012/09/03
Committee: IMCO
Amendment 301 #

2011/0439(COD)

Proposal for a directive
Article 15 – paragraph 2
2. The contracting entities shall notify the Commission or the national oversight body at their request of all the categories of products or activities which they regard as excluded under paragraph 1. The Commission may periodically publish in the Official Journal of the European Union, for information purposes, lists of the categories of products and activities which it considers to be covered by this exclusion. In so doing, the Commission shall respect any sensitive commercial aspects that the contracting entities may point out when forwarding information.
2012/09/03
Committee: IMCO
Amendment 304 #

2011/0439(COD)

Proposal for a directive
Article 16 – paragraph 2
2. The contracting entities shall notify the Commission or the national oversight body at their request of any activities which they regard as excluded under paragraph 1. The Commission may periodically publish in the Official Journal of the European Union for information purposes, lists of the categories of activities which it considers to be covered by this exclusion. In so doing, the Commission shall respect any sensitive commercial aspects that the contracting entities may point out when forwarding this information.
2012/09/03
Committee: IMCO
Amendment 317 #

2011/0439(COD)

Proposal for a directive
Article 19 – paragraph 1 – point c
(c) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of Directive 2004/39/EC of the European Parliament and of the Council, transactions to enable contracting authorities to raise money or capital and operations conducted with the European Financial Stability Facility;
2012/09/03
Committee: IMCO
Amendment 324 #

2011/0439(COD)

Proposal for a directive
Article 19 – paragraph 1 – point f a (new)
(fa) any of the following legal services: (i) legal representation of a client in judicial proceedings before the national courts, tribunals or public authorities of a Member State by a lawyer within the meaning of Article 1 of Directive 77/249/EEC; (ii) document certification services which must be provided by notaries; (iii) legal services provided by trustees, appointed guardians or other legal services the providers of which are designated by a court or tribunal in the Member State concerned; (iv) other legal services which in the Member State concerned are connected, even occasionally, with the exercise of official authority.
2012/09/03
Committee: IMCO
Amendment 337 #

2011/0439(COD)

Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point b
(b) that least 90 % of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authoritygal person acts essentially for the controlling contracting authority or for other legal persons controlled by that contracting authority. That legal person shall be presumed to be acting essentially for the controlling contracting authority or for other legal persons controlled by that contracting authority if it carries out at least 90 % of its activities which are covered by the contract on behalf of that contracting authority or those legal persons;
2012/09/03
Committee: IMCO
Amendment 344 #

2011/0439(COD)

Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person does not exceed 50 % of its voting shares.
2012/09/03
Committee: IMCO
Amendment 349 #

2011/0439(COD)

Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2
A contracting authority shall be deemed to exercise over a legal person a control similar to that which it exercises over its own departments within the meaning of point (a) of the first subparagraph where it exercises a decisive influence over both strategic objectives and significant decisions of the controlled legal person. The above conditions shall apply mutatis mutandis if a contracting authority awards a public contract to a legal person it controls jointly with other contracting authorities.
2012/09/03
Committee: IMCO
Amendment 354 #

2011/0439(COD)

Proposal for a directive
Article 21 – paragraph 2
2. Paragraph 1 also applies where a controlled entity which is a contracting authority awards a contract to its controlling entity, or to another legal person controlled by the same contracting authority, provided that there is no private participation in the legal person being awarded the public contract does not exceed 50 % of its voting shares.
2012/09/03
Committee: IMCO
Amendment 364 #

2011/0439(COD)

Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point b
(b) that least 90 % of the activities of that legal person are carried outgal person acts essentially for the controlling contracting authority or for other legal persons controlled by that contracting authority. That legal person shall be presumed to be acting essentially for the controlling contracting authoritiesy or for other legal persons controlled by the same contracting authoritieat contracting authority if it carries out at least 90 % of its activities which are covered by the contract on behalf of that contracting authority or those legal persons;
2012/09/03
Committee: IMCO
Amendment 373 #

2011/0439(COD)

Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person does not exceed 50 % of its voting shares.
2012/09/03
Committee: IMCO
Amendment 376 #

2011/0439(COD)

Proposal for a directive
Article 21 – paragraph 3 – subparagraph 2 – point a
(a) the decision-making bodies of the controlled legal person are composed of representatives of allthe participating contracting authorities;
2012/09/03
Committee: IMCO
Amendment 379 #

2011/0439(COD)

Proposal for a directive
Article 21 – paragraph 3 – subparagraph 2 – point c
(c) the controlled legal person does not pursue any interests which are distinct fromcontrary to that of the public authorities affiliated to it;
2012/09/03
Committee: IMCO
Amendment 384 #

2011/0439(COD)

Proposal for a directive
Article 21 – paragraph 4 – point a
(a) the agreement establishes a genuine co- operation between the participating contracting authorities aimed at carrying out jointly their public service tasks and involving mutual rights and obligations of the parties;
2012/09/03
Committee: IMCO
Amendment 390 #

2011/0439(COD)

Proposal for a directive
Article 21 – paragraph 4 – point b
(b) the agreement is governed only by considerations relating topublic interest considerations; this principle shall also apply to auxiliary services essential to the provision of services in the public interest;
2012/09/03
Committee: IMCO
Amendment 402 #

2011/0439(COD)

Proposal for a directive
Article 21 – paragraph 4 – point d
(d) the agreement does not primarily involve financial transfers between the participating contracting authorities, other than those corresponding to the reimbursement of actual costs of the works, services or supplies;
2012/09/03
Committee: IMCO
Amendment 405 #

2011/0439(COD)

Proposal for a directive
Article 21 – paragraph 4 – point e
(e) there is no private participation in any of the contracting authorities involveddoes not exceed 50 % of its voting shares.
2012/09/03
Committee: IMCO
Amendment 430 #

2011/0439(COD)

Proposal for a directive
Article 24 – introductory part
Contracting entities shall notify to the Commission or the national oversight body, at their request, the following information regarding the application of Article 22, paragraphs 2, 3 and Article 23:
2012/09/03
Committee: IMCO
Amendment 465 #

2011/0439(COD)

Proposal for a directive
Article 34 – paragraph 1
Member States shall ensure that, atby the latest 2 years after the date provided for in Article 101(1), all1st January 2017, at least 70% of procurement procedures under this Directive are performed using electronic means of communication, in particular e- submission, in accordance with the requirements of this Article. Member States shall ensure that, by the 1st January 2020, 100% of procurement procedures under this Directive are performed using electronic means of communication, in particular e-submission, in accordance with the requirements of this Article.
2012/09/03
Committee: IMCO
Amendment 479 #

2011/0439(COD)

Proposal for a directive
Article 36 – paragraph 3 – subparagraph 1 – point b
(b) that candidates and tenderers are required to submit at the beginning of the procurement procedure a declaration on the existence of any privileged links with the persons referred to in paragraph 2(b), which are likely to place those persons in a situation of conflict of interests; the contracting authority shall indicate in the individual report referred to in Article 94 whether any candidate or tenderer has submitted a declaration.
2012/09/03
Committee: IMCO
Amendment 484 #

2011/0439(COD)

Proposal for a directive
Article 36 – paragraph 3 – subparagraph 3
Where privileged links are identified, the contracting authority shall immediately inform the oversight body designated in accordance with Article 93 and take appropriate measures to avoid any undue influence on the award process and ensure equal treatment of candidates and tenderers. IfWhere the conflict of interests cannot be effectively remedied by other means, the candidate or tenderer concerned shall be excluded from the procedure.
2012/09/03
Committee: IMCO
Amendment 485 #

2011/0439(COD)

Proposal for a directive
Article 36 – paragraph 3 – subparagraph 3 a (new)
Member States shall ensure that an individual who reports undisclosed conflicts of interest of other staff members referred to in paragraph 2(a) in good faith has the right to be protected against retaliation. Retaliation means any direct or indirect detrimental action recommended, threatened or taken against an individual because of such action.
2012/09/03
Committee: IMCO
Amendment 496 #

2011/0439(COD)

Proposal for a directive
Article 40 – paragraph 1 – subparagraph 2
The minimum time limit for the receipt of tenders shall be 407 days from the date on which the contract notice was sent.
2012/09/03
Committee: IMCO
Amendment 498 #

2011/0439(COD)

Proposal for a directive
Article 41 – paragraph 1 – subparagraph 2
The minimum time limit for the receipt of requests to participate shall, as a general rule, be fixed at no less than 305 days from the date on which the contract notice or the invitation to confirm interest is sent and may in no case be less than 15 days.
2012/09/03
Committee: IMCO
Amendment 500 #

2011/0439(COD)

Proposal for a directive
Article 42 – paragraph 1 – subparagraph 2
The minimum time limit for the receipt of requests to participate shall, as a general rule, be fixed at no less than 305 days from the date on which the contract notice or, where a periodic indicative notice is used as a means of calling for competition, the invitation to confirm interest is sent and may in no case be less than 15 days.
2012/09/03
Committee: IMCO
Amendment 505 #

2011/0439(COD)

Proposal for a directive
Article 43 – paragraph 1 – subparagraph 1
Member States mayshall provide that contracting entities may apply innovation partnerships as regulated in this Directive. Member States may decide not to transpose into their national law innovation partnerships or to restrict the use of it to certain types of procurement.
2012/09/03
Committee: IMCO
Amendment 506 #

2011/0439(COD)

Proposal for a directive
Article 43 – paragraph 1 – subparagraph 2
In innovation partnerships, any economic operator may submit a request to participate in response to a call for competition in accordance with points (b) and (c) of Article 39(2)ontract notice with a view to establishing a structured partnership for the development of an innovative product, service or works and the subsequent purchase of the resulting supplies, services or works, provided that they correspond to the agreed performance levels and coststhe need for which cannot be met by solutions already available on the market, provided that they correspond to the agreed performance levels and costs. The contract setting up the innovation partnership shall be awarded on the sole basis of the award criterion of the most economically advantageous tender in accordance with Article 76(1)(a).
2012/09/03
Committee: IMCO
Amendment 530 #

2011/0439(COD)

Proposal for a directive
Article 44 – paragraph 1 – point j
(j) for purchases of supplies under particularly advantageous conditions from either a supplier definitively winding up its business activities or the liquidators in an insolvency procedure, an arrangement with creditors or a similar procedure under national laws or regulations;
2012/09/03
Committee: IMCO
Amendment 540 #

2011/0439(COD)

Proposal for a directive
Article 45 – paragraph 1 – subparagraph 3
The term of a framework agreement shall not exceed foursix years, save in exceptional cases duly justified, in particular by the subject of the framework agreement.
2012/09/03
Committee: IMCO
Amendment 560 #

2011/0439(COD)

Proposal for a directive
Article 47 – paragraph 1 – subparagraph 1
CWhere fully standardised supplies and services are involved, contracting entities may use electronic auctions in which new prices, revised downwards, and/or new values concerning certain elements of tenders are presented.
2012/09/03
Committee: IMCO
Amendment 589 #

2011/0439(COD)

Proposal for a directive
Article 53 – paragraph 2 – subparagraph 2
Such measures shall include the communication to the other candidates and tenderers of any relevant information exchanged in the context of or resulting from the involvement of the candidate or tenderer in the preparation of the procurement procedure and the fixing of adequate time limits for the receipt of tenders. Contracting authorities shall either (i) clarify in their invitation to participate in a consultation what information will be considered relevant and thus may be shared with all potential bidders or (ii) set out in detail the rights of and procedures available to consultation participants that allow them to protect confidential information. The candidate or tenderer concerned shall only be excluded from the procedure where there are no other means to ensure compliance with the duty to observe the principle of equal treatment.
2012/09/03
Committee: IMCO
Amendment 593 #

2011/0439(COD)

Proposal for a directive
Article 54 – paragraph 1 – subparagraph 2
These characteristics may also refer to the specific process of production or provision of the requested works, supplies or services or of any other stage of its life cycle as referred to in point (22) of Article 2, provided that they are linked to the subject-matter of the contract and proportionate to the value and objectives of the contract.
2012/09/03
Committee: IMCO
Amendment 598 #

2011/0439(COD)

Proposal for a directive
Article 54 – paragraph 1 – subparagraph 5 a (new)
For all procurement, technical specifications shall be drawn up so as to ensure that the products, services and works subject to the contract meet the requirements of data protection law at the time of the design of the processing of personal data (data protection by design).
2012/09/03
Committee: IMCO
Amendment 605 #

2011/0439(COD)

Proposal for a directive
Article 54 – paragraph 3 – point b
(b) by reference to technical specifications and, in order of preference, and without discrimination as to development method, to national standards transposing European standards, European technical approvals, common technical specifications, international standards, other technical reference systems established by the European standardisation bodies or - when those do not exist - national standards, national technical approvals or national technical specifications relating to the design, calculation and execution of the works and use of the supplies; each reference shall be accompanied by the words 'or equivalent';
2012/09/03
Committee: IMCO
Amendment 607 #

2011/0439(COD)

Proposal for a directive
Article 54 – paragraph 4
4. Unless justified by the subject-matter of the contract, technical specifications shall not refer to a specific make or source, or to a particular process or development or business model or method, or to trade marks, patents, types or a specific origin or production withor location of production, as any such reference would have the effect of favouring or eliminating certain undertakings or certain products. Such reference shall be permitted, on an exceptional basis, where a sufficiently precise and intelligible description of the subject-matter of the contract pursuant to paragraph 3 is not possible. Such reference shall systematically be accompanied by the words "or equivalent".
2012/09/03
Committee: IMCO
Amendment 667 #

2011/0439(COD)

Proposal for a directive
Article 64 – paragraph 1 – subparagraph 1
Within two months ofNot later than 14 days after the award of a contract or the conclusion of a framework agreement, contracting entities shall send a contract award notice on the results of the procurement procedure.
2012/09/03
Committee: IMCO
Amendment 679 #

2011/0439(COD)

Proposal for a directive
Article 70 – paragraph 5
5. Contracting entities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law, data protection law or environmental law or of the international social and environmental law provisions listed in Annex XIV.
2012/09/03
Committee: IMCO
Amendment 682 #

2011/0439(COD)

Proposal for a directive
Article 70 – paragraph 5
5. Contracting entities may decide not to authorities shall not award a contract to the tenderer submitting the best tender where they have established based on clear and sufficient evidence that the tender does not comply, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XIV.
2012/09/03
Committee: IMCO
Amendment 714 #

2011/0439(COD)

Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – point b
(b) the lowest costprice only where no other award criteria are available from an objective point of view, in particular for standardised products as defined in point 22a (new) of Article 2.
2012/09/03
Committee: IMCO
Amendment 716 #

2011/0439(COD)

Proposal for a directive
Article 76 – paragraph 1 – subparagraph 2
Costs may be assessed, at the choice of the contracting entity, on the basis of the price only or using a cost-effectiveness approach, such as a life-cycle costing approach, under the conditions set out in Article 77.deleted
2012/09/03
Committee: IMCO
Amendment 727 #

2011/0439(COD)

Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – introductory part
Those criteria shall include, in addition to the price or costs referred to in point (b) of paragraph 1, other criteria linked to the subject-matter of the public contract in question, such as:
2012/09/03
Committee: IMCO
Amendment 731 #

2011/0439(COD)

Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point a a (new)
(aa) costs over the life cycle in accordance with Article 67
2012/09/03
Committee: IMCO
Amendment 736 #

2011/0439(COD)

Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point b
(b) for service contracts and contracts involving the design of works, the organisation, qualification and experience of the staff assigned to performing the contract in question may be taken into consideration, with the consequence that, following the award of the contract, such staff may only be replaced with the consent of the contracting entauthority, which must verify that replacements ensure equivalent organisqualification and qualityexperience;
2012/09/03
Committee: IMCO
Amendment 739 #

2011/0439(COD)

Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point d
(d) the specific process of production or provision of the requested works, supplies or services or of any other stage of its life cycle, as referred to in point 22 of Article 2, to the extent that those criteria are specified in accordance with paragraph 4 and they concern factors directly involved in those processes and characterise the specific process of production or provision of the requested works, supplies or services.deleted
2012/09/03
Committee: IMCO
Amendment 748 #

2011/0439(COD)

Proposal for a directive
Article 77 – paragraph 1 – introductory part
1. Life-cycle costing shall to the extent relevant cover parts or all of the following costs borne by the contracting authority or other users over the life cycle of a product, service or works as defined in point (22) of Article 2:
2012/09/03
Committee: IMCO
Amendment 751 #

2011/0439(COD)

Proposal for a directive
Article 77 – paragraph 1 – point a
(a) internal costs, including costs relating to acquisition, such as production(aa) costs, of use, such as energy consumption, of energy and other resources, (ab) maintenance costs and; (ac) end of life costs, such as collection and recycling costs and;
2012/09/03
Committee: IMCO
Amendment 752 #

2011/0439(COD)

Proposal for a directive
Article 77 – paragraph 1 – point b
(b) external environmental costs directly linked to the life cycle, provided their monetary value can be determined and verified, which may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs.deleted
2012/09/03
Committee: IMCO
Amendment 757 #

2011/0439(COD)

Proposal for a directive
Article 77 – paragraph 2 – subparagraph 1
2. Where contracting entities assess the costs usingauthorities use a life- cycle costing approach, they shall indicate in the procurement documents the methodology used for the calculation of the life-cycle costs. The methodology used must fulfil all of the following conditions: (a) it has been drawn up on the basis of scientific information or is based on other objectively verifiable and non- discriminatory criteria; (b) it has been established for repeated or continuous application; (c) it is accessible to all interested partiesdata to be provided by the tenderers and the method which the contracting authority will use to determine the life-cycle costs on the basis of these data.
2012/09/03
Committee: IMCO
Amendment 764 #

2011/0439(COD)

Proposal for a directive
Article 77 – paragraph 2 – subparagraph 2
Contracting entities shall allow economic operators, including economic operators from third countries, to apply a different methodology for establishing the life-cycle costs of their offer, provided that they prove that this methodology complies with the requirements set out in points a, b and c and is equivalent to the methodology indicated by the contracting entity.deleted
2012/09/03
Committee: IMCO
Amendment 766 #

2011/0439(COD)

Proposal for a directive
Article 77 – paragraph 3 – subparagraph 1
3. Whenever a common methodology for the calculation of life-cycle costs is adopted as part of a legislative act of the Union, including by delegated acts pursuant to sector specific legislation, it shall be applied where life-cycle costing is included in the award criteria referred to in Article 76 (1).deleted
2012/09/03
Committee: IMCO
Amendment 769 #

2011/0439(COD)

Proposal for a directive
Article 77 – paragraph 3 – subparagraph 2
A list of such legislative and delegated acts is set out in Annex XV. The Commission, shall be empowered to adopt delegated acts in accordance with Article 98 concerning the update of this list, when on the basis of the adoption of new legislation, repeal or modification of such legislation, such amendments prove necessary.
2012/09/03
Committee: IMCO
Amendment 796 #

2011/0439(COD)

Proposal for a directive
Article 79 – paragraph 3 – point d
(d) compliance, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law, data protection law or environmental law or of the international social and environmental law provisions listed in Annex XIV or, where not applicable, with other provisions ensuring an equivalent level of protection;
2012/09/03
Committee: IMCO
Amendment 801 #

2011/0439(COD)

Proposal for a directive
Article 79 – paragraph 4 – subparagraph 3
Contracting entities shall reject the tender, where they have established that the tender is abnormally low because it does not comply with obligations established by Union legislation in the field of social and labour law, data protection law or environmental law or by the international social and environmental law provisions listed in Annex XIV.
2012/09/03
Committee: IMCO
Amendment 823 #

2011/0439(COD)

Proposal for a directive
Article 80
Contracting entities may lay down special conditions relating to the performance of a contract, provided that they are indicated in the call for competition or in the specifications. Those conditions may, in particular, concern social and environmental considerationstraining measures for unemployed and young people. They may also include the requirement that economic operators foresee compensations for risks of price increases that are the result of price fluctuations (hedging) and that could substantially impact the performance of a contract.
2012/09/03
Committee: IMCO
Amendment 872 #

2011/0439(COD)

Proposal for a directive
Article 82 – paragraph 4
4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 12 and where it is below 515 % of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications.
2012/09/03
Committee: IMCO
Amendment 889 #

2011/0439(COD)

Proposal for a directive
Article 83 – paragraph 1 – point c
(c) the Court of Justice of the European Union finds, in a procedure under Article 258 of the Treaty, that a Member State has failed to fulfil its obligations under the Treaties due to the fact that a contracting entity belonging to that Member State has awarded the contract in question without complying with its obligations under the Treaties and this Directive. A contractor who was unaware of the contracting authority’s breach of the law may claim compensation for the losses suffered as a result of the termination of the contract.
2012/09/03
Committee: IMCO
Amendment 935 #

2011/0439(COD)

Proposal for a directive
Article 93
Article 93 Public oversight 1. Member States shall appoint a single independent body responsible for the oversight and coordination of implementation activities (hereinafter "the oversight body"). Member States shall inform the Commission of their designation. All contracting entities shall be subject to such oversight. 2. The competent authorities involved in the implementation activities shall be organised in such a manner that conflicts of interests are avoided. The system of public oversight shall be transparent. For this purpose, all guidance and opinion documents and an annual report illustrating the implementation and application of rules laid down in this Directive shall be published. The annual report shall include the following: (a) an indication of the success rate of small and medium-sized enterprises (SMEs) in procurement; where the percentage is lower than 50 % in terms of values of contracts awarded to SMEs, the report shall provide an analysis of the reasons therefore; (b) a global overview of the implementation of sustainable procurement policies, including on procedures taking into account considerations linked to the protection of the environment, social inclusion including accessibility for persons with disabilities or fostering innovation; (c) centralized data about reported cases of fraud, corruption, conflict of interests and other serious irregularities in the field of public procurement, including those affecting projects cofinanced by the budget of the Union. 3. The oversight body shall be responsible for the following tasks: (a) monitoring the application of public procurement rules and the related practice by contracting entities and in particular by central purchasing bodies; (b) providing legal advice to contracting entities on the interpretation of public procurement rules and principles and on the application of public procurement rules in specific cases; (c) issuing own initiative opinions and guidance on questions of general interest pertaining to the interpretation and application of public procurement rules, on recurring questions and on systemic difficulties related to the application of public procurement rules, in the light of the provisions of this Directive and of the relevant case-law of the Court of Justice of the European Union; (d) establishing and applying comprehensive, actionable 'red flag' indicator systems to prevent, detect and adequately report instances of procurement fraud, corruption, conflict of interest and other serious irregularities; (e) drawing the attention of the national competent institutions, including auditing authorities, to specific violations detected and to systemic problems; (f) examining complaints from citizens and businesses on the application of public procurement rules in specific cases and transmitting the analysis to the competent contracting entities, which shall have the obligation to take it into account in their decisions or, where the analysis is not followed, to explain the reasons for disregarding it; (g) monitoring the decisions taken by national courts and authorities following a ruling given by the Court of Justice of the European Union on the basis of Article 267 of the Treaty or findings of the European Court of Auditors establishing violations of Union public procurement rules related to projects cofinanced by the Union; the oversight body shall report to the European Anti-Fraud Office any infringement to Union procurement procedures where these were related to contracts directly or indirectly funded by the European Union. The tasks referred to in point (e) shall be without prejudice to the exercise of rights of appeal under national law or under the system established on the basis of directive 92/13/EEC. Member States shall empower the oversight body to seize the jurisdiction competent according to national law for the review of contracting entities' decisions where it has detected a violation in the course of its monitoring and legal advising activity. 4. Without prejudice to the general procedures and working methods established by the Commission for its communications and contacts with Member States, the oversight body shall act as a specific contact point for the Commission when it monitors the application of Union law and the implementation of the budget from the Union on the basis of Article 17 of the Treaty on the European Union and Article 317 of the Treaty on the Functioning of the European Union. It shall report to the Commission any violation of this Directive in procurement procedures for the award of contracts directly or indirectly funded by the Union. The Commission may in particular refer to the oversight body the treatment of individual cases where the contract is not yet concluded or a review procedure can still be carried out. It may also entrust the oversight body with the monitoring activities necessary to ensure the implementation of the measures to which Member States are committed in order to remedy a violation of Union public procurement rules and principles identified by the Commission. The Commission may require the oversight body to analyse alleged breaches to Union public procurement rules affecting projects co-financed by the budget of the Union. The Commission may entrust the oversight body to follow- up certain cases and to ensure that the appropriate consequences of breaches to Union public procurement rules affecting projects co-financed are taken by the competent national authorities which will be obliged to follow its instructions. 5. The investigation and enforcement activities carried out by the oversight body to ensure that contracting entities' decisions comply with this Directive and the general principles of the Treaty on the Functioning of the European Union shall not replace or prejudge the institutional role of the Commission as guardian of the Treaty. When the Commission decides to refer the treatment of an individual case, it shall also retain the right to intervene in accordance with the powers conferred to it by the Treaty. 6. Contracting authorities shall transmit to the national oversight body the full text of all concluded contracts with a value equal to or greater than (a) 1 000 000 EUR in the case of supply contracts or service contracts; (b) 10 000 000 EUR in the case of works contracts. 7. Without prejudice to the national law concerning access to information, and in accordance with national and EU legislation on data protection, the oversight body shall, upon written request, give unrestricted and full direct access, free of charge, to the concluded contracts referred to in paragraph 6. Access to certain parts of the contracts may be refused where their disclosure would impede law enforcement or otherwise be contrary to the public interest, would harm the legitimate commercial interests of economic operators, public or private, or might prejudice fair competition between them. Access to the parts that may be released shall be given within a reasonable delay and no later than 45 days from the date of the request. The applicants filing a request for access to a contract shall not need to show any direct or indirect interest related to that particular contract. The recipient of information should be allowed to make it public. 8. A summary of all the activities carried out by the oversight body in accordance with paragraphs 1 to 7 shall be included in the annual report mentioned in paragraph 2.deleted
2012/09/03
Committee: IMCO
Amendment 956 #

2011/0439(COD)

Proposal for a directive
Article 94 – paragraph 1 – subparagraph 2
Contracting entities shall document the progress of all procurement procedures, whether or not the procedures are conducted by electronic means. To that end, they shall document all stages in the procurement procedure, including all communications with economic operators and internal deliberations, preparation of the tenders, dialogue or negotiation if any, selection and award of the contract.
2012/09/03
Committee: IMCO
Amendment 959 #

2011/0439(COD)

Proposal for a directive
Article 95
Article 95deleted
2012/09/03
Committee: IMCO
Amendment 978 #

2011/0439(COD)

Proposal for a directive
Article 97 – paragraph 3
3. For the purposes of this Article, Member States shall designate one or more liaison points, the contact details of which shall be communicated to the other Member States, the oversight bodies and the Commission. Member States shall publish and regularly update the list of liaison points. The oversight body shall be in charge of the coordination of such liaison points.
2012/09/03
Committee: IMCO
Amendment 992 #

2011/0439(COD)

Proposal for a directive
Annex 8 – paragraph 1 – point 1 – point a
(ea) in the case of service or supply contracts a specification in a document defining the required characteristics of a product or a service, such as quality levels, environmental and climate performance levels, design for all requirements (including accessibility for disabled persons) and conformity assessment, performance, use of the product, safety or dimensions, including requirements relevant to the product as regards the name under which the product is sold, terminology, rules relating to design (including data protection by design), symbols, testing and test methods, packaging, marking and labelling, user instructions, production processes and methods at any stage of the life cycle of the supply or service and conformity assessment procedures;
2012/09/03
Committee: IMCO
Amendment 993 #

2011/0439(COD)

Proposal for a directive
Annex 8 – paragraph 1 – point 1 – point b
(b) in the case of works contracts, the totality of the technical prescriptions contained in particular in the procurement documents, defining the characteristics required of a material, product or supply, which permits a material, a product or a supply to be described in a manner such that it fulfils the use for which it is intended by the contracting entity; those characteristics include levels of environmental and climate performance, design for all requirements (including accessibility for disabled persons) and conformity assessment, performance, safety or dimensions, including the procedures concerning quality assurance, terminology, symbols, testing and test methods, packaging, marking and labelling, user instructions, and production processes and methods at any stage of the life cycle of the works; those characteristics also include rules relating to design (including data protection by design) and costing, the test, inspection and acceptance conditions for works and methods or techniques of construction and all other technical conditions which the contracting entity is in a position to prescribe, under general or specific regulations, in relation to the finished works and to the materials or parts which they involve;
2012/09/03
Committee: IMCO
Amendment 171 #

2011/0438(COD)

Proposal for a directive
Recital 1 a (new)
(1a) Contracting authorities should always consider carefully the economic impact of a given requirement on the economic operators before it chooses to use such a requirement in the contract notice. Overly demanding requirements will raise transaction costs and can furthermore be an obstacle to the involvement of especially small and medium sized companies in public procurement.
2012/07/12
Committee: IMCO
Amendment 213 #

2011/0438(COD)

Proposal for a directive
Recital 14
(14) There is considerable legal uncertainty as to how far cooperation between public authorities should be covered by public procurement rules. The relevant case-law of the Court of Justice of the European Union is interpreted divergently between Member States and even between contracting authorities. It is therefore necessary to clarify in what cases contracts concluded between contracting authorities are not subject to the application of public procurement rules. Such clarification should be guided by the principles set out in the relevant case-law of the Court of Justice. The sole fact that both parties to an agreement are themselves contracting authorities does not as such rule out the application of procurement rules. However, the application of public procurement rules should not interfere with the freedom of public authorities to decide how to organise the way they carry out their public service tasks. Contracts awarded to controlled entities or cooperation for the joint execution of the public service tasks of the participating contracting authorities should therefore be exempted from the application of the rules if the conditions set out in this directive are fulfilled. These criteria should not apply to cooperation between public service broadcasters and between public service broadcasters and their subsidiaries, insofar as they are subject to the specific European competition rules, in order to prevent any distortion of competition. This directive should aim to ensure that any exempted public-public cooperation does not cause a distortion of competition in relation to private economic operators. Neither should the participation of a contracting authority as a tenderer in a procedure for the award of a public contract cause any distortion of competition.
2012/07/12
Committee: IMCO
Amendment 250 #

2011/0438(COD)

Proposal for a directive
Recital 29 a (new)
(29 a) For all procurement it is necessary that contracting authorities ensure that the products, services and works subject to the contract meet the requirements of data protection law. In order to ensure and demonstrate the protection of the rights and freedoms of data subjects with regard to the processing of personal data, tenderers should adopt internal policies and implement appropriate technical and organisational measures at the time of the design of the processing of personal data (data protection by design).
2012/07/12
Committee: IMCO
Amendment 264 #

2011/0438(COD)

Proposal for a directive
Recital 37
(37) Contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency, non-discrimination and equal treatment. Theose criteria should guarantee that tenders are assessed in conditions of effective competition, also where contracting authorities require high-quality works, supplies and services that are optimally suited to their needs, for instance where the chosen award criteria include factors linked to the production process. As a result, contracting authorities should be allowed to adopt as award criteria either 'the most economically advantageous tender' or ‘the lowest cost’, taking into account that in the latter case they are free to set adequate quality standards by using technical specifications or contract performance conditions, in case of standardised goods, 'the lowest prize'.
2012/07/12
Committee: IMCO
Amendment 277 #

2011/0438(COD)

Proposal for a directive
Recital 40
(40) These sector-specific measures must be complemented by an adaptation of the public procurement Directives empowering contracting authorities to pursue the objectives of the Europe 2020 Strategy in their purchasing strategies. It should hence be made clear that contracting authorities can determine the most economically advantageous tender and the lowest cost using a life-cycle costing approach, provided that the methodology to be used is established in an objective and non- discriminatory manner and accessible to all interested parties. The notion of life-cycle costing includes all internal costs over the life cycle of works, supplies or services, both their internal costs (such as development, production, (such as use, maintenance and end-of- life disposal costs) and their external costs, provided they can be monetised and monitored. Common methodologies should be developed at the level of the Union for the calculation of life-cycle costs for specific categories of supplies or services; whenever such a methodology is developed its use should be made compulsory. . Or. en (See amendments on Article 66)
2012/07/12
Committee: IMCO
Amendment 290 #

2011/0438(COD)

Proposal for a directive
Recital 41
(41) Furthermore, in technical specifications and in award criteria, contracting authorities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life cycle of a product or service, provided that they are linked to the subject-matter of the public contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender, characteristics related to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services22 and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is party. For service contracts and for contracts involving the design of works, contracting authorities should also be allowed to use as an award criterion the organisation, qualification and experience of the staff assigned to performing the contract in question, as this may affect the quality of contract performance and, as a result, the economic value of the tender. and proportionate to the value and objectives of the contract. Or. en (See Articles 40 and 66)
2012/07/12
Committee: IMCO
Amendment 294 #

2011/0438(COD)

Proposal for a directive
Recital 43
(43) Contract performance conditions are compatible with this Directive provided that they are not directly or indirectly discriminatory, are linked directly to the subject- matter of the contract and are indicated in the contract notice, the prior information notice used as a means of calling for competition or the procurement documents. They may, in particular, be intended to favour on-site vocational training, or the employment of people experiencing particular difficulty in achieving integration, the fight against unemployment, protection of the environment or animal welfare. For instance, mention may be made, amongst other things, of the requirements applicable during performance of the contract to recruit long-term job- seekers or to implement training measures for the unemployed or young persons, to comply in substance with fundamental International Labour Organisation (ILO) Conventions, even where such Conventions have not been implemented in national law, and to recruit more disadvantaged persons than are required under national legislation.
2012/07/12
Committee: IMCO
Amendment 296 #

2011/0438(COD)

Proposal for a directive
Recital 43
(43) Contract performance conditions are compatible with this Directive provided that they are not directly or indirectly discriminatory, are linked to the subject- matter of the contract and are indicated in the contract notice, the prior information notice used as a means ofnotice used to make the calling for competition, or in the procurement documents. They may, in particular, be intended to favour on-site vocational training, the employment of people experiencing particular difficulty in achieving integration, the fight against unemployment, protection of the environment or animal welfare. For instance, mention may be made, amongst other things,or professional training. For example, mention may be made of the requirements applicable during the performance of the contract to recruit long-term job-seekers or to implement training measures for the unemployed or for young persons, to comply in substance with fundamental International Labour Organisation (ILO) Conventions, even where such Conventions have not been implemented in national law, and to recruit more disadvantaged persons than are required under national legislation.
2012/07/12
Committee: IMCO
Amendment 310 #

2011/0438(COD)

Proposal for a directive
Recital 50
(50) Member States should designate a single national authority in charge of monitoring, implementation and control of public procurement. Such a central body should have first-hand and timely information, particularly in relation to different problems affecting the implementation of public procurement law. It should be able to provide immediate feedback on the functioning of the policy and the potential weaknesses in national legislation and practice and contribute to the quick identification of solutions. In view of efficiently fighting corruption and fraud, this central body and the general public should also have the possibility to inspect the texts of concluded contracts. High-value contracts should hence be transmitted to the oversight body with a possibility of interested persons to have access to these documents, to the extent that legitimate public or private interests are not jeopardized. deleted Or. en (See deletion of Article 84)
2012/07/12
Committee: IMCO
Amendment 336 #

2011/0438(COD)

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
An entirety of works, supplies and/or services which are uniform in character by their economic and technical functions, even if purchased through different contracts, constitutes a single procurement within the meaning of this Directive, if the contracts are part of one single project.
2012/07/12
Committee: IMCO
Amendment 350 #

2011/0438(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 6 – point c
(c) they are financed, for the most part, by the State, regional or local authorities, or other bodies governed by public law; or subject to management supervision by those bodies; or have an administrative, managerial or supervisory board, more than half of whose members are appointedwhich satisfy at least one of the following conditions: (i) The majority of the funding is from the State, regional or local authorities, or other bodies governed by public law; (ii) The majority of the administrative, managerial or supervisory board is appointed by the state, regional or local authorities, or other bodies governed by public law; (iii) Decisions are subject to management control by the State, regional or local authorities, or by other bodies governed by public law.
2012/07/12
Committee: IMCO
Amendment 367 #

2011/0438(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 22
(22) ‘life cycle’ means all consecutive and/or interlinked stages, including production, transport, use and maintenance, throughout the existence of a product or a works or the provision of a service, from raw material acquisition or generation of resources toacquisition to use, maintenance, disposal, clearance and finalisation. Or. en (See Article 67)
2012/07/12
Committee: IMCO
Amendment 370 #

2011/0438(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 22 a (new)
(22a) 'standardised products' means products which do not differ significantly in their composition or characteristics.
2012/07/12
Committee: IMCO
Amendment 405 #

2011/0438(COD)

Proposal for a directive
Article 4 – paragraph a (new)
For works, goods and service contracts falling below these thresholds, Member States shall implement national procedures for open competitions that ensure compliance with the Treaty principles or equal access, non- discrimination and transparency
2012/07/12
Committee: IMCO
Amendment 426 #

2011/0438(COD)

Proposal for a directive
Article 10 – paragraph 1 – point c a (new)
(ca) any of the following legal services: (i) legal representation of a client in judicial proceedings before the national courts, tribunals or public authorities of a Member State by a lawyer within the meaning of Article 1 of Directive 77/249/EEC; (ii) document certification services which must be provided by notaries; (iii) legal services provided by trustees, appointed guardians or other legal services the providers of which are designated by a court or tribunal in the Member State concerned; (iv) other legal services which in the Member State concerned are connected, even occasionally, with the exercise of official authority;
2012/07/12
Committee: IMCO
Amendment 433 #

2011/0438(COD)

Proposal for a directive
Article 10 – paragraph 1 – point d
(d) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of Directive 2004/39/EC of the European Parliament and of the Council27, transactions to enable contracting authorities to raise money or capital, as well as central bank services and operations conducted with the European Financial Stability Facility;
2012/07/12
Committee: IMCO
Amendment 445 #

2011/0438(COD)

Proposal for a directive
Article 10 – paragraph 1 – point f a (new)
(f a) hotel and restaurant services with CPV reference numbers from 55100000-1 to 55524000-9, and from 98340000-8 to 98341100-6, provided that the services can be provided only by economic operators located in a specific region.
2012/07/12
Committee: IMCO
Amendment 446 #

2011/0438(COD)

Proposal for a directive
Article 10 – paragraph 1 – point f b (new)
(fb) public service contracts awarded by a contracting authority to a contracting authority or to an association of contracting authorities on the basis of an exclusive right which they enjoy pursuant to a published law, regulation or administrative provision which is compatible with the Treaty.
2012/07/12
Committee: IMCO
Amendment 463 #

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
(b) at least 90 % of the activities of that legal person are carried outthe legal person works mainly for the controlling contracting authority or for other legal persons controlled by that contracting authority. The legal person shall be assumed to work mainly for the controlling contracting authority or for other legal persons controlled by that contracting authority if at least 90 % of its activities governed by the contract are carried out for it/them;
2012/07/12
Committee: IMCO
Amendment 480 #

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person does not exceed 50% of its voting shares.
2012/07/12
Committee: IMCO
Amendment 489 #

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2
A contracting authority shall be deemed to exercise over a legal person a control similar to that which it exercises over its own departments within the meaning of point (a) of the first subparagraph where it exercises a decisive influence over both strategic objectives and significant decisions of the controlled legal p(Does not affect English version.)
2012/07/12
Committee: IMCO
Amendment 498 #

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 2
2. Paragraph 1 also applies where a controlled entity which is a contracting authority awards a contract to its controlling entity, or to another legal person controlled by the same contracting authority, provided that there is noe private participation in the legal person being awarded the public contract does not exceed 50% of its voting shares.
2012/07/12
Committee: IMCO
Amendment 511 #

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
(b) at least 90 % of the activities ofthe legal person essentially carries out activities for the controlling contracting authorities or for other legal persons controlled by the same contracting authorities. It is assumed that the legal person areessentially carrieds out activities for the controlling contracting authorities or for other legal persons controlled by the same contracting authorities where it carries out at least 90 % of its activities which are the subject of the contract for that legal person or those legal persons;
2012/07/12
Committee: IMCO
Amendment 524 #

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person does not exceed 50% of its voting shares.
2012/07/12
Committee: IMCO
Amendment 529 #

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point a
(a) the decision-making bodies of the controlled legal person are composed of representatives of allthe participating contracting authorities;
2012/07/12
Committee: IMCO
Amendment 534 #

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point c
(c) the controlled legal person does not pursue any interests which are distinct fromcontrary to that of the public authorities affiliated to it;
2012/07/12
Committee: IMCO
Amendment 542 #

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 4 – point a
(a) the agreement establishes a genuine cooperation between the participating contracting authorities aimed at carrying out jointly their public service tasks and involving mutual rights and obligations of the parties;
2012/07/12
Committee: IMCO
Amendment 549 #

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 4 – point b
(b) the agreement is governed only by considerations relating topublic interest considerations; this includes subordinate ancillary services which are necessary in order to perform the services in the public interest;
2012/07/12
Committee: IMCO
Amendment 567 #

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 4 – point d
(d) the agreement does not essentially involve financial transfers between the participating contracting authorities, other than those corresponding to the reimbursement of actual costs of the works, services or supplies;
2012/07/12
Committee: IMCO
Amendment 571 #

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 4 – point e
(e) there is no private participation in any of the contracting authorities involveddoes not exceed 50% of its voting shares.
2012/07/12
Committee: IMCO
Amendment 622 #

2011/0438(COD)

Proposal for a directive
Article 19 – paragraph 7 – subparagraph 1
7. Member States shall ensure that, atby the latest 2 years after the date provided for in Article 92(1), all procurement procedures under this Directive are performed using electronic means of communication, in particular e-submission, in accordance with the requirements of this Article1st January 2017, at least 70 % of procurement procedures under this Directive are performed using electronic means of communication, in particular e- submission, in accordance with the requirements of this Article. Member States shall ensure that, by the 1st January 2020, 100 % of procurement procedures under this Directive are performed using electronic means of communication, in particular e-submission, in accordance with the requirements of this Article. In relation to the public procurement of Works contracts, Member States shall furthermore encourage the systematic use of digital three-dimensional representations following the general timescales for the implementation of electronic procurement set out in the first and second sub paragraphs.
2012/07/12
Committee: IMCO
Amendment 638 #

2011/0438(COD)

Proposal for a directive
Article 21 – paragraph 3 – subparagraph 3
Where privileged links are identified, the contracting authority shall immediately inform the oversight body designated in accordance with Article 84 and take appropriate measures to avoid any undue influence on the award process and ensure equal treatment of candidates and tenderers. Where the conflict of interests cannot be effectively remedied by other means, the candidate or tenderer concerned shall be excluded from the procedure. Or. en (See deletion of Article 84)
2012/07/12
Committee: IMCO
Amendment 639 #

2011/0438(COD)

Proposal for a directive
Article 21 – paragraph 3 – subparagraph 3 a (new)
Member States shall ensure that an individual who reports undisclosed conflicts of interest of other staff members referred to in paragraph 2(a) in good faith has the right to be protected against retaliation. Retaliation means any direct or indirect detrimental action recommended, threatened or taken against an individual because of such action.
2012/07/12
Committee: IMCO
Amendment 652 #

2011/0438(COD)

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 3
Member States mayshall provide that contracting authorities may apply innovation partnerships as regulated in this Directive.
2012/07/12
Committee: IMCO
Amendment 662 #

2011/0438(COD)

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4 – point a
(a) with regard to works, where the works contract has as its object both the design and the execution of works within the meaning of Article 2(8) or where negotiations are needed to establish the legal or financial makeup of the project;
2012/07/12
Committee: IMCO
Amendment 674 #

2011/0438(COD)

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 5
Member States may decide not to transpose into their national law the competitive procedure with negotiation, the competitive dialogue and the innovation partnership procedures.deleted
2012/07/12
Committee: IMCO
Amendment 680 #

2011/0438(COD)

Proposal for a directive
Article 24 – paragraph 2 – subparagraph 1 – introductory part
The call for competition mayshall be made by one of the following means:a contract notice pursuant to Article 47.
2012/07/12
Committee: IMCO
Amendment 681 #

2011/0438(COD)

Proposal for a directive
Article 24 – paragraph 2 – subparagraph 1 – point a
(a) a contract notice pursuant to Article 47,deleted
2012/07/12
Committee: IMCO
Amendment 682 #

2011/0438(COD)

Proposal for a directive
Article 24 – paragraph 2 – subparagraph 1 – point b
(b) where the contract is awarded by restricted or competitive procedure with negotiation by a sub-central contracting authority, by means of a prior information notice pursuant to Article 46(2).deleted
2012/07/12
Committee: IMCO
Amendment 684 #

2011/0438(COD)

Proposal for a directive
Article 24 – paragraph 2 – subparagraph 2
InWhere the case referred to in point (bontract is awarded by restricted or competitive procedure with negotiation by a sub-central contracting authority, Member States shall provide, notwithstanding the 1st subparagraph, that the call for competition may be made by means of a prior information notice pursuant to Article 46(2). They may also reserve this possibility to specific categories of sub-central contracting authorities. Where the call for competition is made by means of a prior information notice pursuant to Article 46(2), economic operators, having expressed their interest following the publication of the prior information notice, shall subsequently be invited to confirm their interest in writing by means of an 'invitation to confirm interest' in conformity with Article 52.
2012/07/12
Committee: IMCO
Amendment 690 #

2011/0438(COD)

Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
The minimum time limit for the receipt of tenders shall be 407 days from the date on which the contract notice was sent.
2012/07/12
Committee: IMCO
Amendment 702 #

2011/0438(COD)

Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2
The minimum time limit for receipt of requests to participate shall be 305 days from the date on which the contract notice or, where a prior information notice is used as a means of calling for competition, the invitation to confirm interest is sent.
2012/07/12
Committee: IMCO
Amendment 711 #

2011/0438(COD)

Proposal for a directive
Article 26 – paragraph 4
4. SMember States shall provide that all or specific categories of sub-central contracting authorities may set the time limit for the receipt of tenders by mutual agreement between the contracting authority and the selected candidates, provided that all candidates have the same time to prepare and submit their tenders. Where it is not possible to reachIn the absence of an agreement on the time limit for the receipt of tenders, the contracting authority shall fix a time limit which shall be at least 10 days from the date of the invitation to tender.
2012/07/12
Committee: IMCO
Amendment 716 #

2011/0438(COD)

Proposal for a directive
Article 27 – paragraph 1 – subparagraph 1
1. In competitive procedures with negotiation, any economic operator may submit a request to participate in response to a call for competition by providing the requested information for qualitative selectioncontaining the information set out in Annex VI parts B and C by providing the information for qualitative selection that is requested by the contracting authority.
2012/07/12
Committee: IMCO
Amendment 718 #

2011/0438(COD)

Proposal for a directive
Article 27 – paragraph 1 – subparagraph 2
In the contract notice or in the invitation to confirm interestprocurement documents, contracting authorities shall describe the procurement andindicate which elements define the minimum requirements to be met and specify the award criteria so. The indications shall be sufficiently precise as to enable economic operators to identify the precise nature and scope of the procurement and decide whether to request to participate in the negotiations. In the technical specifications, contracting authorities shall specify which parts thereof define the minimum requirementsprocedure.
2012/07/12
Committee: IMCO
Amendment 725 #

2011/0438(COD)

Proposal for a directive
Article 27 – paragraph 1 – subparagraph 3
The minimum time limit for receipt of requests to participate shall be 305 days from the date on which the contract notice or, where a prior information notice is used as a means of calling for competition, the invitation to confirm interest is sent; the minimum time limit for the receipt of tenders shall be 30 days from the date on which the invitation is sent. Article 26 (3) to (6) shall apply.
2012/07/12
Committee: IMCO
Amendment 726 #

2011/0438(COD)

Proposal for a directive
Article 27 – paragraph 2
2. Only those economic operators invited by the contracting authority following their assessment of the requested information may submit a writtenn initial tender which shall be the basis for the subsequent negotiations. Contracting authorities may limit the number of suitable candidates to be invited to participate in the procedure in accordance with Article 64.
2012/07/12
Committee: IMCO
Amendment 744 #

2011/0438(COD)

Proposal for a directive
Article 27 – paragraph 3 – subparagraph 2 – point c a (new)
(ca) the price, where there is no modification of other elements of the tender.
2012/07/12
Committee: IMCO
Amendment 748 #

2011/0438(COD)

Proposal for a directive
Article 27 – paragraph 4 – subparagraph 1
4. During the negotiations, contracting authorities shall ensure the equal treatment of all tenderers. To that end, they shall not provide information in a discriminatory manner which may give some tenderers an advantage over others. They shall take particular care to ensure that all tenderers, whose tenders have not been eliminated pursuant to paragraph 5, are informed in writing of any changes to the technical specifications or other procurement documents, other than those setting out the minimum requirements, in adequate time to allowproviding sufficient time for such tenderers to modify and re-submit amended tenders following these changes, as appropriate.
2012/07/12
Committee: IMCO
Amendment 756 #

2011/0438(COD)

Proposal for a directive
Article 28 – paragraph 1 – subparagraph 2
The minimum time limit for receipt of requests to participate shall be 305 days from the date on which the contract notice is sent.
2012/07/12
Committee: IMCO
Amendment 769 #

2011/0438(COD)

Proposal for a directive
Article 28 – paragraph 6 - subparagraph 1 a (new)
These tenders may be clarified, specified and fine-tuned at the request of the contracting authority. However, such clarification, specification, fine-tuning or additional information may not involve changes to the essential aspects of the tender or of the public procurement, including the needs and requirements set out in the contract notice or in the descriptive document, where variations to those aspects, needs and requirements are likely to distort competition or have a discriminatory effect.
2012/07/12
Committee: IMCO
Amendment 771 #

2011/0438(COD)

Proposal for a directive
Article 28 – paragraph 7 – subparagraph 2
Where necessary, in order to finalise financial commitments or other terms of the contract, the contracting authority may negotiate the final terms of the contract withAt the request of the contracting authority, the tenderer identified as having submitted the most economically advantageous tender in accordance with Article 66(1) (a) provided such negotiationmay be asked to clarify aspects of the tender or confirm commitments contained in the tender provided this does not have the effect of modifying essential aspects of the tender or of the public procurement, including the needs and requirements set out in the contract notice or in the descriptive document and does not risk distorting competition or causing discrimination.
2012/07/12
Committee: IMCO
Amendment 774 #

2011/0438(COD)

Proposal for a directive
Article 28 – paragraph 8
8. The contracting authorities mayshall specify prizes or payments to the participants in the dialogue.
2012/07/12
Committee: IMCO
Amendment 777 #

2011/0438(COD)

Proposal for a directive
Article 29 – paragraph 1
1. In innovation partnerships, any economic operator may submit a request to participate in response to a contract notice with a view to establishing a structured partnership for the development of an innovative product, service or works and the subsequent purchase of the resulting supplies, services or works, provided that they correspond to the agreed performance levels and costs. The contract setting up the innovation partnership shall be awarded on the sole basis of the award criterion of the most economically advantageous tender in accordance with Article 66(1)(a).
2012/07/12
Committee: IMCO
Amendment 798 #

2011/0438(COD)

Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point a
(a) where no tenders or no suitable tenders or no requests to participate have been submitted in response to an open procedure or a restricted procedure, provided that the initial conditions of the contract are not substantially altered and that a report is sent to the Commission or the national oversight body designated according to Article 84 where they so request.
2012/07/12
Committee: IMCO
Amendment 858 #

2011/0438(COD)

Proposal for a directive
Article 33 – paragraph 1 – subparagraph 1
CFor fully standardised supplies and services, contracting authorities may use electronic auctions, in which new prices, revised downwards, and/or new values concerning certain elements of tenders are presented.
2012/07/12
Committee: IMCO
Amendment 894 #

2011/0438(COD)

Proposal for a directive
Article 39 – paragraph 2 – subparagraph 2
Such measures shall include the communication to the other candidates and tenderers of any relevant information exchanged in the context of or resulting from the involvement of the candidate or tenderer in the preparation of the procurement procedure and the fixing of adequate time limits for the receipt of tenders. Contracting authorities shall either (i) clarify in their invitation to participate in a consultation what information will be considered relevant and thus may be shared with all potential bidders or (ii) set out in detail the rights of and procedures available to consultation participants that allow them to protect confidential information. The candidate or tenderer concerned shall only be excluded from the procedure where there are no other means to ensure compliance with the duty to observe the principle of equal treatment.
2012/07/12
Committee: IMCO
Amendment 897 #

2011/0438(COD)

Proposal for a directive
Article 40 – paragraph 1 – subparagraph 1
The technical specifications as defined in point 1 of Annex VIII shall be set out in the procurement documents. They shall define the characteristics required offunctionality that a works, service or supply is to deliver.
2012/07/12
Committee: IMCO
Amendment 902 #

2011/0438(COD)

Proposal for a directive
Article 40 – paragraph 1 – subparagraph 2
These characteristics may also refer to the specific process of production or provision of the requested works, supplies or services or of any other stage of its life cycle as referred to in point (22) of Article 2, provided that they are linked to the subject-matter of the contract and proportionate to the value and objectives of the contract.
2012/07/12
Committee: IMCO
Amendment 907 #

2011/0438(COD)

Proposal for a directive
Article 40 – paragraph 1 – subparagraph 4 a (new)
For all procurement, technical specifications shall be drawn up so as to ensure that the products, services and works subject to the contract meet the requirements of data protection law at the time of the design of the processing of personal data (data protection by design).
2012/07/12
Committee: IMCO
Amendment 919 #

2011/0438(COD)

Proposal for a directive
Article 40 – paragraph 3 – point b
(b) by reference to technical specifications and, in order of preference, and without discrimination as to development method, to national standards transposing European standards, European technical approvals, common technical specifications, international standards, other technical reference systems established by the European standardisation bodies or when those do not exist national standards, national technical approvals or national technical specifications relating to the design, calculation and execution of the works and use of the supplies; each reference shall be accompanied by the words 'or equivalent';
2012/07/12
Committee: IMCO
Amendment 923 #

2011/0438(COD)

Proposal for a directive
Article 40 – paragraph 4
4. Unless justified by the subject-matter of the contract, technical specifications shall not refer to a specific make or source, or a particular process or development or business model or method, or to trade marks, patents, types or a specific origin or production withor location of production, as any such reference would have the effect of favouring or eliminating certain undertakings or certain products. Such reference shall be permitted on an exceptional basis, where a sufficiently precise and intelligible description of the subject-matter of the contract pursuant to paragraph 3 is not possible. Such reference shall systematically be accompanied by the words "or equivalent’. ".
2012/07/12
Committee: IMCO
Amendment 927 #

2011/0438(COD)

Proposal for a directive
Article 40 – paragraph 6 – subparagraph 1
Where a contracting authority uses the option laid down in point (a) of paragraph 3 to formulate technical specifications in termsbased ofn performance or functional requirements, it shall not reject a tender for works, supplies or services which comply with a national standard transposing a European standard, a European technical approval, a common technical specification, an international standard or a technical reference system established by a European standardisation body, where those specifications address the performance or functional requirements which it has laid down.
2012/07/12
Committee: IMCO
Amendment 972 #

2011/0438(COD)

Proposal for a directive
Article 42 – paragraph 2
2. Contracting authorities shall accept other appropriate and equivalent means of proof than those referred to in paragraph 1, such as a technical dossier of the manufacturer where the economic operator concerned has no access to the certificates or test reports referred to in paragraph 1, or no possibility of obtaining them within the relevant time limits.
2012/07/12
Committee: IMCO
Amendment 980 #

2011/0438(COD)

Proposal for a directive
Article 43 – paragraph 1
1. Contracting authorities may authorise tenderers to submit variants. They shall indicas a general rule authorise variants unless otherwise stated in the contract notice or, where a prior information notice is used as a means of calling for competition, in the invitation to confirm interest whether or not they authorise variants. Variants shall not be authorised without such indication to the contrary.
2012/07/12
Committee: IMCO
Amendment 1000 #

2011/0438(COD)

Proposal for a directive
Article 44 – paragraph 1 – subparagraph 1
Public contracts may be subdivided into homogenous or heterogeneous lots. For contracts with a value equal to or greater than the thresholds provided for in Article 4 but not less than EUR 500 000, determined in accordance with Article 5, where the contracting authority does not deem it appropriate to split into lots, it shall provide in the contract notice or in the invitation to confirm interest a specific explanation of its reasondecision in favour of or against a division into lots.
2012/07/12
Committee: IMCO
Amendment 1019 #

2011/0438(COD)

Proposal for a directive
Article 48 – paragraph 1 – subparagraph 1
Not later than 148 days after the award of a contract or the conclusion of a framework agreement, contracting authorities shall send a contract award notice on the results of the procurement procedure. In case of an incomplete or incoherent contract award notice, the Commission will contact the Contracting Authority with the aim to receive completion or clarification of the contract award notice.
2012/07/12
Committee: IMCO
Amendment 1031 #

2011/0438(COD)

Proposal for a directive
Article 54 – paragraph 2
2. Contracting authorities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law, data protection law or environmental law or of the international social and environmental law provisions listed in Annex XI.
2012/07/12
Committee: IMCO
Amendment 1036 #

2011/0438(COD)

Proposal for a directive
Article 54 – paragraph 2
2. Contracting authorities may decideshall not to award a contract to the tenderer submitting the best tender where they have established based on clear and sufficient evidence that the tender does not comply, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI.
2012/07/12
Committee: IMCO
Amendment 1049 #

2011/0438(COD)

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a
(a) where it is aware of any violation of obligations established by Union legislation in the field of social and labour law, data protection law or environmental law or of the international social and environmental law provisions listed in Annex XI. Compliance with Union legislation or with international provisions also includes compliance in an equivalent manner.
2012/07/12
Committee: IMCO
Amendment 1056 #

2011/0438(COD)

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point b
(b) where the economic operator is the subject of insolvency or winding-up proceedings, where its assets are being administered by a liquidator or by the court, where it has entered into an arrangement with creditors, where it has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations;
2012/07/12
Committee: IMCO
Amendment 1058 #

2011/0438(COD)

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point c
(c) where the contracting authority can demonstrate by any means that the economic operator is guilty of other grave professional misconduct; In the light of the serious legal consequences of exclusion from an award procedure - also in connection with the optional exclusion grounds - the wording is too vague. That is particularly so in view of the fact that, in the Commission draft, misconduct can be demonstrated ‘by any means’. The concept of “grave professional misconduct” is not defined objectively in the directive, while any decision to exclude an economic operator from a procurement procedure should be based on objective and measurable criteria and the discretion of the contracting authority should be limited. deleted Or. de Justification Justification
2012/07/12
Committee: IMCO
Amendment 1062 #

2011/0438(COD)

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point d
(d) where the economic operator has shown significant or persistent deficiencies in the performance of any substantive requirement under a prior contract or contracts of a similar nature with the same contracting authority, whether deliberately or through negligence.
2012/07/12
Committee: IMCO
Amendment 1072 #

2011/0438(COD)

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 2
In order to apply the ground for exclusion referred to in point (d) of the first subparagraph, contracting authorities shall provide a method for the assessment of contractualmust prove that a final court judgment for deficient performance that is based on objective and measurable criteria and applied in a systematic, consistent and transparent way. Any performance assessment shall bs been handed down against the economic operator or that the ecommunicated to the contnomic operactor in question, which shall be given the opportunity to object to the findings and to obtain judicial protectionhas issued a declaration of acknowledgement of deficient performance.
2012/07/12
Committee: IMCO
Amendment 1101 #

2011/0438(COD)

Proposal for a directive
Article 59 – paragraph 3
3. The authority issuing the passport shall seek the relevant information directly from the competent authorities, except where prohibited by national rules on the protection of personal data and except where the information can only be gathered from the economic operator itself. In these cases, the economic operator must deliver the information to the authority to obtain the Public Procurement Passport.
2012/07/12
Committee: IMCO
Amendment 1105 #

2011/0438(COD)

Proposal for a directive
Article 59 – paragraph 4
4. The European Procurement Passport shall be recognised by all contracting authorities as proof of fulfilment of the conditions for participation covered by it and shall not be questioned without justification. Such justification may be related to the fact that the passport was issued more than six monthsone year earlier.
2012/07/12
Committee: IMCO
Amendment 1143 #

2011/0438(COD)

Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b
(b) the lowest costprice only where no other award criteria are available from an objective point of view, in particular for standardised products, which do not differ significantly in their composition or characteristics.
2012/07/12
Committee: IMCO
Amendment 1147 #

2011/0438(COD)

Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2
Costs may be assessed, on the choice of the contracting authority, on the basis of the price only or using a cost-effectiveness approach, such as a life-cycle costing approach, under the conditions set out in Article 67.deleted
2012/07/12
Committee: IMCO
Amendment 1148 #

2011/0438(COD)

Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2
Costs may be assessed, on the choice of the contracting authority, on the basis of the price only or using a cost-effectiveness approach, such as a life-cycle costing approach, under the conditions set out in Article 67.deleted
2012/07/12
Committee: IMCO
Amendment 1157 #

2011/0438(COD)

Proposal for a directive
Article 66 – paragraph 2 – introductory part
2. The most economically advantageous tender referred to in point (a) of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject-matter of the public contract in question. Those criteria shall include, in addition to the price or costs referred to in point (b) of paragraph 1, other criteria linked to the subject-matter of the public contract in question, such as:
2012/07/12
Committee: IMCO
Amendment 1162 #

2011/0438(COD)

Proposal for a directive
Article 66 – paragraph 2 – introductory part
2. The most economically advantageous tender referred to in point (a) of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject-matter of the public contract in question. Those criteria shall include, in addition to the price or costs referred to in point (b) of paragraph 1, other criteria linked to the subject-matter of the public contract in question, such as:
2012/07/12
Committee: IMCO
Amendment 1176 #

2011/0438(COD)

Proposal for a directive
Article 66 – paragraph 2 – point a a (new)
(aa) costs over the life cycle in accordance with Article 67
2012/07/12
Committee: IMCO
Amendment 1184 #

2011/0438(COD)

Proposal for a directive
Article 66 – paragraph 2 – point b
(b) for service contracts and contracts involving the design of works, the organisation, qualification and experience of the staff assigned to performing the contract in question may be taken into consideration, with the consequence that, following the award of the contract, such staff may only be replaced with the consent of the contracting authority, which must verify that replacements ensure equivalent organisqualification and qualityexperience;
2012/07/12
Committee: IMCO
Amendment 1188 #

2011/0438(COD)

Proposal for a directive
Article 66 – paragraph 2 – point d
(d) the specific process of production or provision of the requested works, supplies or services or of any other stage of its life cycle as referred to in point (22) of Article 2, to the extent that those criteria are specified in accordance with paragraph 4 and they concern factors directly involved in these processes and characterise the specific process of production or provision of the requested works, supplies or services.deleted
2012/07/12
Committee: IMCO
Amendment 1208 #

2011/0438(COD)

Proposal for a directive
Article 67 – paragraph 1 – introductory part
1. Life-cycle costing shall to the extent relevant cover parts or all of the following costs borne by the contracting authority or other users over the life cycle of a product, service or works as defined in point (22) of Article 2:
2012/07/12
Committee: IMCO
Amendment 1212 #

2011/0438(COD)

Proposal for a directive
Article 67 – paragraph 1 – point a
(a) internal costs, including costs relating to acquisition, such as production costs, use, such as energy consumption, maintenance costs, and end of life, such as collection and recycling costs and
2012/07/12
Committee: IMCO
Amendment 1213 #

2011/0438(COD)

Proposal for a directive
Article 67 – paragraph 1 – point a a (new)
(aa) costs of use, such as consumption of energy and other resources,
2012/07/12
Committee: IMCO
Amendment 1214 #

2011/0438(COD)

Proposal for a directive
Article 67 – paragraph 1 – point a b (new)
(ab) maintenance costs,
2012/07/12
Committee: IMCO
Amendment 1215 #

2011/0438(COD)

Proposal for a directive
Article 67 – paragraph 1 – point a c (new)
(ac) end of life costs, such as collection and recycling costs;
2012/07/12
Committee: IMCO
Amendment 1216 #

2011/0438(COD)

Proposal for a directive
Article 67 – paragraph 1 – point b
(b) external environmental costs directly linked to the life cycle, provided their monetary value can be determined and verified, which may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs.deleted
2012/07/12
Committee: IMCO
Amendment 1222 #

2011/0438(COD)

Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – introductory part
2. Where contracting authorities assess the costs usinguse a life- cycle costing approach, they shall indicate in the procurement documents the methodology used for the calculation of the life-cycle costs. The methodology used must fulfil all of the following conditions:data to be provided by the tenderers and the method which the contracting authority will use to determine the life-cycle costs on the basis of these data.
2012/07/12
Committee: IMCO
Amendment 1223 #

2011/0438(COD)

Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – point a
(a) it has been drawn up on the basis of scientific information or is based on other objectively verifiable and non- discriminatory criteria;deleted
2012/07/12
Committee: IMCO
Amendment 1227 #

2011/0438(COD)

Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – point b
(b) it has been established for repeated or continuous application;deleted
2012/07/12
Committee: IMCO
Amendment 1228 #

2011/0438(COD)

Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – point c
(c) it is accessible to all interested parties.deleted
2012/07/12
Committee: IMCO
Amendment 1232 #

2011/0438(COD)

Proposal for a directive
Article 67 – paragraph 2 – subparagraph 2
Contracting authorities shall allow economic operators, including economic operators from third countries, to apply a different methodology for establishing the life-cycle costs of their offer, provided that they prove that this methodology complies with the requirements set out in points a, b and c and is equivalent to the methodology indicated by the contracting authority.deleted
2012/07/12
Committee: IMCO
Amendment 1235 #

2011/0438(COD)

Proposal for a directive
Article 67 – paragraph 3 – subparagraph 1
3. Whenever a common methodology for the calculation of life-cycle costs is adopted as part of a legislative act of the Union, including by delegated acts pursuant to sector specific legislation, it shall be applied where life-cycle costing is included in the award criteria referred to in Article 66(1).deleted
2012/07/12
Committee: IMCO
Amendment 1240 #

2011/0438(COD)

Proposal for a directive
Article 67 – paragraph 3 – subparagraph 2
A list of such legislative and delegated acts is set out in Annex XV. The Commission shall be empowered to adopt delegated acts in accordance with Article 89 concerning the update of this list, when on the basis of the adoption of new legislation, repeal or modification of such legislation, such amendments prove necessary.
2012/07/12
Committee: IMCO
Amendment 1258 #

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 1 – point a
(a) the price or cost charged is more than 530 % lower than the average price or costs of the remaining tenders
2012/07/12
Committee: IMCO
Amendment 1270 #

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 1 – point c
(c) at least fivthree tenders have been submitted.
2012/07/12
Committee: IMCO
Amendment 1288 #

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 4 – subparagraph 2
Contracting authorities shall reject the tender, where they have established that the tender is abnormally low because it does not comply with obligations established by Union legislation in the field of social and labour law, data protection law or environmental law or by the international social and environmental law provisions listed in Annex XI.
2012/07/12
Committee: IMCO
Amendment 1313 #

2011/0438(COD)

Proposal for a directive
Article 70
Contracting authorentities may lay down special conditions relating to the performance of a contract, provided that they are indicated in the call for competition or in the specifications. Those conditions may, in particular, concern social and environmental considerationstraining measures for unemployed and young people. They may also include the requirement that economic operators foresee compensations for risks of price increases that are the result of price fluctuations (hedging) and that could substantially impact the performance of a contract.
2012/07/12
Committee: IMCO
Amendment 1370 #

2011/0438(COD)

Proposal for a directive
Article 72 – paragraph 4
4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 4 and where it is below 15 % of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications.
2012/07/12
Committee: IMCO
Amendment 1383 #

2011/0438(COD)

Proposal for a directive
Article 73 – paragraph 1 – point c
(c) the Court of Justice of the European Union finds, in a procedure pursuant to Article 258 of the Treaty, that a Member State has failed to fulfil its obligations under the Treaties due to the fact that a contracting authority belonging to that Member State has awarded the contract in question without complying with its obligations under the Treaties and this Directive. A contractor which was unaware of the contracting authority having broken the law may claim compensation for damages sustained as a result of termination.
2012/07/12
Committee: IMCO
Amendment 1465 #

2011/0438(COD)

Proposal for a directive
Article 84
Article 84 Public oversight 1. Member States shall appoint a single independent body responsible for the oversight and coordination of implementation activities (hereinafter 'the oversight body'). Member States shall inform the Commission of their designation. All contracting authorities shall be subject to such oversight. 2. The competent authorities involved in the implementation activities shall be organised in such a manner that conflicts of interests are avoided. The system of public oversight shall be transparent. For this purpose, all guidance and opinion documents and an annual report illustrating the implementation and application of rules laid down in this Directive shall be published. The annual report shall include the following: (a) an indication of the success rate of small and medium-sized enterprises (SMEs) in public procurement; where the percentage is lower than 50 % in terms of values of contracts awarded to SMEs, the report shall provide an analysis of the reasons therefore; (b) a global overview of the implementation of sustainable procurement policies, including on procedures taking into account considerations linked to the protection of the environment, social inclusion including accessibility for persons with disabilities, or fostering innovation; (c) information on the monitoring and follow-up of breaches to procurement rules affecting the budget of the Union in accordance with paragraphs 3 to 5 of the present article; (d) centralized data about reported cases of fraud, corruption, conflict of interests and other serious irregularities in the field of public procurement, including those affecting projects cofinanced by the budget of the Union. 3. The oversight body shall be responsible for the following tasks: (a) monitoring the application of public procurement rules and the related practice by contracting authorities and in particular by central purchasing bodies; (b) providing legal advice to contracting authorities on the interpretation of public procurement rules and principles and on the application of public procurement rules in specific cases; (c) issuing own-initiative opinions and guidance on questions of general interest pertaining to the interpretation and application of public procurement rules, on recurring questions and on systemic difficulties related to the application of public procurement rules, in the light of the provisions of this Directive and of the relevant case-law of the Court of Justice of the European Union; (d) establishing and applying comprehensive, actionable 'red flag' indicator systems to prevent, detect and adequately report instances of procurement fraud, corruption, conflict of interest and other serious irregularities; (e) drawing the attention of the national competent institutions, including auditing authorities, to specific violations detected and to systemic problems; (f) examining complaints from citizens and businesses on the application of public procurement rules in specific cases and transmitting the analysis to the competent contracting authorities, which shall have the obligation to take it into account in their decisions or, where the analysis is not followed, to explain the reasons for disregarding it; (g) monitoring the decisions taken by national courts and authorities following a ruling given by the Court of Justice of the European Union on the basis of Article 267 of the Treaty or findings of the European Court of Auditors establishing violations of Union public procurement rules related to projects cofinanced by the Union; the oversight body shall report to the European Anti-Fraud Office any infringement to Union procurement procedures where these were related to contracts directly or indirectly funded by the European Union. The tasks referred to in point (e) shall be without prejudice to the exercise of rights of appeal under national law or under the system established on the basis of Directive 89/665/EEC. Member States shall empower the oversight body to seize the jurisdiction competent according to national law for the review of contracting authorities' decisions where it has detected a violation in the course of its monitoring and legal advising activity. 4. Without prejudice to the general procedures and working methods established by the Commission for its communications and contacts with Member States, the oversight body shall act as a specific contact point for the Commission when it monitors the application of Union law and the implementation of the budget from the Union on the basis of Article 17 of the Treaty on the European Union and Article 317 of the Treaty on the Functioning of the European Union. It shall report to the Commission any violation of this Directive in procurement procedures for the award of contracts directly or indirectly funded by the Union. The Commission may in particular refer to the oversight body the treatment of individual cases where a contract is not yet concluded or a review procedure can still be carried out. It may also entrust the oversight body with the monitoring activities necessary to ensure the implementation of the measures to which Member States are committed in order to remedy a violation of Union public procurement rules and principles identified by the Commission. The Commission may require the oversight body to analyse alleged breaches to Union public procurement rules affecting projects co-financed by the budget of the Union. The Commission may entrust the oversight body to follow- up certain cases and to ensure that the appropriate consequences of breaches to Union public procurement rules affecting projects co-financed are taken by the competent national authorities which will be obliged to follow its instructions. 5. The investigation and enforcement activities carried out by the oversight body to ensure that contracting authorities’ decisions comply with this Directive and the principles of the Treaty shall not replace or prejudge the institutional role of the Commission as guardian of the Treaty. When the Commission decides to refer the treatment of an individual case pursuant to paragraph 4, it shall also retain the right to intervene in accordance with the powers conferred to it by the Treaty. 6. Contracting authorities shall transmit to the national oversight body the full text of all concluded contracts with a value equal to or greater than (a) 1 000 000 EUR in the case of public supply contracts or public service contracts; (b) 10 000 000 EUR in the case of public works contracts. 7. Without prejudice to the national law concerning access to information, and in accordance with national and EU legislation on data protection, the oversight body shall, upon written request, give unrestricted and full direct access, free of charge, to the concluded contracts referred to in paragraph 6. Access to certain parts of the contracts may be refused where their disclosure would impede law enforcement or otherwise be contrary to the public interest, would harm the legitimate commercial interests of economic operators, public or private, or might prejudice fair competition between them. Access to the parts that may be released shall be given within a reasonable delay and no later than 45 days from the date of the request. The applicants filing a request for access to a contract shall not need to show any direct or indirect interest related to that particular contract. The recipient of information should be allowed to make it public. 8. A summary of all the activities carried out by the oversight body in accordance with paragraphs 1 to 7 shall be included in the annual report referred to in paragraph 2.deleted
2012/07/12
Committee: IMCO
Amendment 1518 #

2011/0438(COD)

Proposal for a directive
Article 85 – paragraph 2
The contracting authorities shall document the progress of all procurement procedures, whether or not those are conducted by electronic means. To that end, they shall document all stages in the procurement procedure, including all communications with economic operators and internal deliberations, preparation of the tenders, dialogue or negotiation if any, selection and award of the contract.
2012/07/12
Committee: IMCO
Amendment 1522 #

2011/0438(COD)

Proposal for a directive
Article 85 – paragraph 3
The report, or its main elements, shall be communicated to the Commission or to the national oversight body where they so request.
2012/07/12
Committee: IMCO
Amendment 1524 #
2012/07/12
Committee: IMCO
Amendment 1554 #

2011/0438(COD)

Proposal for a directive
Article 88 – paragraph 3
3. For the purposes of this Article, Member States shall designate one or more liaison points, the contact details of which shall be communicated to the other Member States, the oversight bodies and the Commission. Member States shall publish and regularly update the list of liaison points. The oversight body shall be in charge of the coordination of such liaison points. Or. en (See deletion of Article 86)
2012/07/12
Committee: IMCO
Amendment 1562 #

2011/0438(COD)

Proposal for a directive
Annex 8 – paragraph 1 – point 1 – point a
(a) in the case of public works contracts the totality of the technical prescriptions contained in particular in the procurement documents, defining the characteristics required of a material, product or supply, so that it fulfils the use for which it is intended by the contracting authority; those characteristics include levels of environmental and climate performance, design for all requirements (including accessibility for disabled persons) and conformity assessment, performance, safety or dimensions, including the procedures concerning quality assurance, terminology, symbols, testing and test methods, packaging, marking and labelling, user instructions and production processes and methods at any stage of the life cycle of the works; those characteristics also include rules relating to design (including data protection by design) and costing, the test, inspection and acceptance conditions for works and methods or techniques of construction and all other technical conditions which the contracting authority is in a position to prescribe, under general or specific regulations, in relation to the finished works and to the materials or parts which they involve;
2012/07/12
Committee: IMCO
Amendment 1564 #

2011/0438(COD)

Proposal for a directive
Annex 8 – paragraph 1 – point 1 – point b
(b) in the case of public supply or service contracts a specification in a document defining the required characteristics of a product or a service, such as quality levels, environmental and climate performance levels, design for all requirements (including accessibility for disabled persons) and conformity assessment, performance, use of the product, safety or dimensions, including requirements relevant to the product as regards the name under which the product is sold, terminology, rules relating to design (including data protection by design), symbols, testing and test methods, packaging, marking and labelling, user instructions, production processes and methods at any stage of the life cycle of the supply or service and conformity assessment procedures;
2012/07/12
Committee: IMCO
Amendment 1573 #

2011/0438(COD)

Proposal for a directive
Annex 13 – paragraph 1 – point a
(a) Identification of the economic operator; company registration number, name, address, bank;
2012/07/12
Committee: IMCO
Amendment 1574 #

2011/0438(COD)

Proposal for a directive
Annex 13 – paragraph 1 – point a a (new)
(aa) Description of the company, in particular year of establishment, corporate form, owner(s) of the company, members of the board, industry code, short description of the main services and/or production of the company;
2012/07/12
Committee: IMCO
Amendment 1575 #

2011/0438(COD)

Proposal for a directive
Annex 13 – paragraph 1 – point c a (new)
(ca) Certification that the economic operator has fulfilled its obligations in relation to payment of taxes or social security systems according to individual Member States laws;
2012/07/12
Committee: IMCO
Amendment 1576 #

2011/0438(COD)

Proposal for a directive
Annex 13 – paragraph 1 – point d a (new)
(da) Key economic indicators of the economic operator for the last three accounting years: gross sales, EBIT and solvency ratio; compliance to da) for start-up companies is when information from start-up until the present date is adopted into their Public Procurement Passport;
2012/07/12
Committee: IMCO
Amendment 1577 #

2011/0438(COD)

Proposal for a directive
Annex 13 – paragraph 1 – point d b (new)
(db) Key organisational indicators of the economic operator: average number of employees during the last three years and number of employees by the end of the last year; compliance to db) for start-up companies is when information from start-up until the present date is adopted into their Public Procurement Passport;
2012/07/12
Committee: IMCO
Amendment 1578 #

2011/0438(COD)

Proposal for a directive
Annex 13 – paragraph 1 – point f
(f) Indication of the period of validity of the Passport, which shall be not less than 6 monthsone year.
2012/07/12
Committee: IMCO
Amendment 1579 #

2011/0438(COD)

Proposal for a directive
Annex 13 – paragraph 1 – point f
(f) Indication of the period of validity of the Passport, which shall be not less than 612 months.
2012/07/12
Committee: IMCO
Amendment 89 #

2011/0435(COD)

Proposal for a directive
Recital 2 a (new)
(2a) Dual vocational training systems are a key element for low youth unemployment. Given that they are tailored to the requirements of the economy, they permit a smooth transition from training into working life. They should not just be strengthened in this Regulation, but also taken into consideration in other European legislation on reducing youth unemployment. These vocational training systems and their specific features should, moreover, remain unaffected by the rules of Directive 2005/36/EC.
2012/10/17
Committee: IMCO
Amendment 100 #

2011/0435(COD)

Proposal for a directive
Recital 4
(4) Directive 2005/36/EC only applies to professionals who want to pursue the same profession in another Member State. There are cases where the activities concerned are part of a profession with a larger scope of activities in the host Member State. If the differences between the fields of activity are so large that in reality a full programme of education and training is required from the professional to compensate for shortcomings and if the professional so requests, a host Member State should under these particular circumstances grant partial access. However, in case of overriding reasons of general interest, such as in the case of a doctor of medicine or other health professionals or professionals involved in the proper administration of justice, a Member State should be able to refuse partial access.
2012/10/17
Committee: IMCO
Amendment 118 #

2011/0435(COD)

Proposal for a directive
Recital 8
(8) In order to apply the mechanism of recognition under the general system, it is necessary to group the various national education and training schemes into different levels. Those levels, which are established only for the purpose of the operation of the general system, should have neither effect upon the national education and training structures nor upon the competence of Member States in this field, including a national policy for implementing the European Qualifications Framework. This can be a tool to promote the transparency and comparability of qualifications and can be a useful additional source of information for the competent authorities examining the recognition of qualifications issued in other Member States. The levels established for the operation of the general system should in principle no longer be used as a criterion for excluding Union citizens from the scope of Directive 2005/36/EC when this would be contrary to the principle of life long learning.
2012/10/17
Committee: IMCO
Amendment 132 #

2011/0435(COD)

Proposal for a directive
Recital 18
(18) Directive 2005/36/EC should promote a more automatic character of recognition of qualifications for those professions which do not currently benefit from it. This should take account of the competence of Member States to decide the qualifications required for the pursuit of professions in their territory as well as the contents and the organisation of their systems of education and professional training. Before introducing such training principles, Member States should examine possible alternatives, particularly those that exist in Member States with vocational training. Professional associations and organisations which are representative at national and Union level should also be able to propose common training principles. It should take the form of a common test as a condition for acquiring a professional qualification, or training programmes based on a common set of knowledge, skills and competences. Qualifications obtained under such common training frameworks should automatically be recognised by Member States.
2012/10/17
Committee: IMCO
Amendment 214 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point ii (new)
Directive 2005/36/EC
Article 3 – paragraph 1 – point l a (new)
la) 'liberal professions': those practised on the basis of relevant professional qualifications which provide, in a personal, responsible and professionally independent capacity, intellectual and conceptual services in the interest of the client and the public;
2012/10/17
Committee: IMCO
Amendment 287 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4d – paragraph 2
2. In the cases referred to in Article 16, 21 and 49a, a host Member State shall decide on validation of a European Professional Card under paragraph 1 within one monthfive weeks as from the date of receipt of the European Professional Card transmitted by the home Member State. In case of justified doubts, the host Member State may request additional information from the home Member State. That request shall not suspend the period of one monthtime limit for no more than three weeks.
2012/10/17
Committee: IMCO
Amendment 293 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4d – paragraph 3
3. In the cases referred to in Articles 7(4) and 14, a host Member State shall decide on whether to recognise the holder's qualifications or to subject him to compensation measures within two montheight weeks from the date of receipt for validation of the European Professional Card transmitted by the home Member State. In case of justified doubts, the host Member State may request additional information from the home Member State. That request shall not suspend the period of two monthtime limit for no more than three weeks.
2012/10/17
Committee: IMCO
Amendment 341 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4f – paragraph 1 – point b) – Sentence 2
For the purposes of point (b), an activity shall be deemed to be separable if it is exercised as an autonomous activity in the home Member State.deleted
2012/10/17
Committee: IMCO
Amendment 410 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Directive 2005/36/EC
Article 11 – Letter c
(b) In point (c), point (ii) is replaced by the following: (ii) regulated education and training or, in the case of regulated professions, vocational training with a special structure, with competences going beyond what is provided for in level b, equivalent to the level of training provided for under point (i), if such training provides a comparable professional standard and prepares the trainee for a comparable level of responsibilities and functions provided the diploma is accompanied by a certificate from the home Member State;deleted
2012/10/17
Committee: IMCO
Amendment 415 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point d
Directive 2005/36/EC
Article 11 – paragraph 2
(d) The second paragraph is deleted.
2012/10/17
Committee: IMCO
Amendment 416 #

2011/0435(COD)

Proposal for a directive
Article 11 – paragraph 2 a (new)
2a. The Commission shall be empowered to adopt delegated acts in accordance with Article 58a in order to revise the list contained in Annex II to take account of forms of training which meet the requirements laid down in paragraph 1(c)(ii).
2012/10/17
Committee: IMCO
Amendment 421 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2005/36/EC
Article 13 – paragraph 3
3. In case of an attestation of competence or evidence of formal qualifications referred to in paragraphs 1 and 2 or a certificate certifying regulated education and training or a vocational training with special structure equivalent to the level provided for in Article 11(c)(i), the host Member State shall accept the level attested or certified by the home Member State.
2012/10/17
Committee: IMCO
Amendment 425 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2005/36/EC
Article 13 – paragraph 4
4. By derogation to paragraphs 1 and 2 of this Article, the competent authority of the host Member State may refuse access to and pursuit of the profession to holders of an attestation of competence in accordance with Article 11(a) where the national qualification required to exercise the profession on its territory is classified under points (c), (d) or (e) of Article 11.
2012/10/17
Committee: IMCO
Amendment 475 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22 – point a
Directive 2005/36/EC
Article 31 – paragraph 1
1. Admission to training for nurses responsible for general care shall be contingent upon completion of general education of 12 years, as attested by a diploma, certificate or other evidence issued by the competent authorities or bodies in a Member State or by a certificate attesting success in an examination, of an equivalent level, for admission to a school of nursing.:
2012/10/17
Committee: IMCO
Amendment 477 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22 – point a (new)
Directive 2005/36/EC
Article 31 – paragraph 1 – subparagraph a (new)
a. completion of general education of at least 10 years, as attested by a diploma, certificate or other evidence issued by the competent authorities or bodies in a Member State or by a certificate attesting success in an examination, of an equivalent level, and giving access to a vocational school of nursing, or
2012/10/17
Committee: IMCO
Amendment 479 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22 – point a (new)
Directive 2005/36/EC
Article 31 – paragraph 1 – subparagraph b
b. possession of a diploma, certificate or other evidence of qualification giving access, on the basis of general education of 12 years, to universities or higher education institutes of a level recognised as equivalent.
2012/10/17
Committee: IMCO
Amendment 485 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22 – point c a (new)
Directive 2005/36/EC
Article 31 – paragraph 4 (new)
(4) Theoretical training is that part of nurse training from which trainee nurses acquire the professional knowledge, skills and competences required under paragraphs 6 and 7. The training shall be given by teachers of nursing care and by other competent persons, at universities, at higher education institutes of a level recognised as equivalent or at vocational schools of nursing.
2012/10/17
Committee: IMCO
Amendment 486 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22 – point c b (new)
Directive 2005/36/EC
Article 31 – paragraph 5 (new)
(5) Clinical training is that part of nurse training in which trainee nurses learn, as part of a team and in direct contact with a healthy or sick individual and/or community, to organise, dispense and evaluate the required comprehensive nursing care, on the basis of the knowledge, skills and competences which they have acquired. The trainee nurse shall learn not only how to work in a team, but also how to lead a team and organise overall nursing care, including health education for individuals and small groups, within the health institute or in the community. This training shall take place in hospitals and other health institutions and in the community, under the responsibility of nursing teachers, in cooperation with and assisted by other qualified nurses. Other qualified personnel may also take part in the teaching process. Trainee nurses shall participate in the activities of the department in question insofar as those activities are appropriate to their training, enabling them to learn to assume the responsibilities involved in nursing care.
2012/10/17
Committee: IMCO
Amendment 490 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22 – point d
The Commission shall be empowered to adopt delegated acts in accordance with Article 58a to specifyFormal qualifications as a general care nurse shall provide evidence that the person in question is able to apply at least the following knowledge, skills and core competences regardless of whether the training took place at a university, a higher education institute at a level recognised as equivalent or at a vocational school of nursing:
2012/10/17
Committee: IMCO
Amendment 491 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22 – point d
Directive 2005/36/EC
Article 31 – paragraph 7 – point a
(a) the adequacy of knowledge of the sciences of general nurcompetence to take full responsibility for planning, organising, as referred to in point (a) of paragraph 6, in line with scientific and technological progress as well as the necessary competences such knowledge should entail in line with scientific and technological progress and recent developments in educationnd administering nursing care when treating patients on the basis of the knowledge and skills acquired in accordance with paragraph 6 letters a, b and c;
2012/10/17
Committee: IMCO
Amendment 492 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22 – point d
Directive 2005/36/EC
Article 31 – paragraph 7 – point b
(b) the degree of sufficiency of understanding of the items referred to in point (a) of paragraph 6 and the necessary competences following from such understanding in line with scientific and technological progress and recent developments in educationcompetence to work together effectively with other actors in the health sector, including participation in the practical training of health personnel on the basis of the knowledge and skills acquired in accordance with paragraph 6 letter d and e;
2012/10/17
Committee: IMCO
Amendment 493 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22 – point d
Directive 2005/36/EC
Article 31 – paragraph 7 – point c
(c) the degree of sufficiency of knowledge about the items referred to in point (b) of paragraph 6 and the necessary competences following from such knowledge in line with scientific progress and recent developments in education;competence to empower individuals, families and groups towards healthy lifestyles and self-care on the basis of the knowledge and skills acquired in accordance with paragraph 6 letters a and b.
2012/10/17
Committee: IMCO
Amendment 564 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 35 (new)
Directive 2005/36/EC
Article 49 a – paragraph 2 a (new)
2a. The Commission shall consider suggestions and draft documents submitted by professional associations and Member States in order to determine whether they meet the criteria laid down in paragraph 2 and shall call on all the Member States to assess the possible implications of introducing a common training framework and to identify the bodies to which such a framework can be offered. In that connection the Member States shall consider whether and to what extent such training frameworks can be offered as part of a general training course at a university or higher education institution or as part of a vocational training course.
2012/10/23
Committee: IMCO
Amendment 569 #

2011/0435(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a – paragraph 2 – point c
(c) the common set of knowledge, skills and competences combines the knowledge, skills and competences defined in the systems of education and training applicable in at least one third of all Member States; in that connection it shall be irrelevant whether the knowledge, skills and competences have been acquired as part of a general training course at a university or higher education institution or as part of a vocational training course;
2012/10/23
Committee: IMCO
Amendment 311 #

2011/0402(CNS)

Proposal for a decision
Annex 1 – point 1 – point 1.3 – paragraph 2
In accordance with Article 18 of Horizon 2020, dedicated measures as set out in the specific objective ‘Innovation in SMEs’ (dedicated SME instrument) shall be applied in the specific objective ‘Leadership in enabling and industrial technologies’ and Part III ‘Societal challenges’. This integrated approach is expected to lead to around 15 % of their total combined budgets goAt least 20% of the total combined budget for the specific objective on 'Leadership in enabling and industrial technologies' and the priority 'Societal challenges' shall be used withing tohe SMEs instrument.
2012/07/03
Committee: ITRE
Amendment 377 #

2011/0402(CNS)

Proposal for a decision
Annex 1 – point 4 – paragraph 7 a (new)
The Commission should provide a single source of funding except if there is a clear agreement between the Commission and Member States to provide sufficient budget for joint funding of a specific initiative.
2012/07/03
Committee: ITRE
Amendment 548 #

2011/0402(CNS)

Proposal for a decision
Annex 1 – section 2 – point 2 – point 2.2 – paragraph 1
The Equity facility will focus on early- stage venture capital funds providing venture capital and/or mezzanine capital to early-stage, individual portfolio enterprises. These enterprises may, in addition, seek debt financing from financial intermediaries implementing the Debt facility. (See Annex 1 – point 2 – point 2.3 – point b – paragraph 3 of General Regulation)Or. en
2012/07/04
Committee: ITRE
Amendment 550 #

2011/0402(CNS)

Proposal for a decision
Annex 1 – section 2 – point 2 – point 2.2 – paragraph 2
The facility will also have the possibility to make expansion and growth-stage investments in conjunction with the Equity Facility for Growth (EFG) under the Programme for the Competitiveness of Enterprises and SMEs(this includes investments in public and private funds-of- funds with a broad investor base and includes private institutional and strategic investors as well as national public and semi-public financial institutions). Or. en (See Annex 1 – point 2 – point 2.3 – point b – paragraph 7 of General Regulation)
2012/07/04
Committee: ITRE
Amendment 552 #

2011/0402(CNS)

Proposal for a decision
Annex 1 – section 2 – point 2 – point 2.2 – paragraph 3
In the latter case, the investment from the Equity Facility of Horizon 2020 shall not exceed 230% of the total EU investment except in cases of multi-stage funds, where funding from EFG and the equity facility for RDI will be provided on a pro rata basis, based on the funds' investment policy. Like the EFG, the Equity Facility shall avoid buy-out or replacement capital intended for the dismantling of an acquired enterprise. The Commission may decide to amend the 230% threshold in light of changing market conditions.
2012/07/04
Committee: ITRE
Amendment 555 #

2011/0402(CNS)

Proposal for a decision
Annex 1 – section 2 – point 2 – point 2.3 – paragraph 1
The implementation of the two facilities will be delegated to the European Investment Bank Group (EIB, EIF) and/or to other financial institutions that may be entrusted with the implementation of financial instruments in compliance with the Financial Regulation. Their design and implementation will be aligned with the general provisions for financial instruments set out in the Financial Regulation and with more specific operational requirements to be set out in Commission guidance. Equity Facility of Horizon 2020 shall be implemented as a window of a single Union equity financial instrument supporting Union enterprises' growth and R&I from the early stage (including seed) to the growth stage and financially supported by Horizon 2020 and the Programme for the Competitiveness of Enterprises and Small and Medium-sized enterprises (COSME). The Equity Facility of Horizon 2020 shall use the same delivery mechanism as the Equity Facility for Growth (EFG) to be established under COSME. Support from the Equity Facility of Horizon 2020 shall be in the form of one of the following investments: (a) directly by the European Investment Fund (EIF) or other entities entrusted with the implementation on behalf of the Commission; or (b) by public and private funds-of-funds or investment vehicles investing across borders established by the EIF or other entities entrusted with the implementation on behalf of the Commission together with private investors and/or public financial institutions. Or. en (See COSME Annex II)
2012/07/04
Committee: ITRE
Amendment 556 #

2011/0402(CNS)

Proposal for a decision
Annex 1 – section 2 – point 2 – point 2.3 – paragraph 1 a (new)
The Guarantee Facility of Horizon 2020 shall be operated by the EIF or other entities entrusted with the implementation on behalf of the Commission. The facility shall provide: (a) counter-guarantees and other risk sharing arrangements for guarantee schemes; (b) direct guarantees and other risk sharing arrangements for any other financial intermediaries meeting the eligibility criteria; The Guarantee Facility of Horizon 2020 shall be implemented as part of a single EU debt financial instrument for EU enterprises' growth and R&I, using the same delivery mechanism as the Loan Guarantee Facility (LGF) of COSME. The Guarantee Facility shall be open to national intermediaries that provide loans directly or indirectly. The Guarantee Facility shall consist of: (a) debt financing via loan guarantees, including subordinated and participating loans, or leasing; (b) securitisation of debt finance portfolios under appropriate risk-sharing arrangements with the targeted institutions. Or. en (See COSME Annex II)
2012/07/04
Committee: ITRE
Amendment 567 #

2011/0402(CNS)

Proposal for a decision
Annex 1 – section 2 – point 3 – point 3.1 – paragraph 2 a (new)
The SME instrument should be centrally managed in order to ensure coherent application of rules, visibility of the Instrument and a single entry point, facilitating participation of SMEs.
2012/07/04
Committee: ITRE
Amendment 569 #

2011/0402(CNS)

Proposal for a decision
Annex 1 – section 2 – point 3 – point 3.1 – paragraph 4
The SME instrument will cover all fields of science, technology and innovation in a bottom-up approach with open calls (no predefined call topics) within a given societal challenge or enabling technology so as to leave sufficient room for all kinds of promising ideas, notably cross-sector and inter-disciplinary projects, to be funded.
2012/07/04
Committee: ITRE
Amendment 287 #

2011/0401(COD)

Proposal for a regulation
Recital 21 a (new)
(21a) Industry and SMEs are essential in bringing research results into the markets. Horizon 2020 should leverage investment from the private sector in RDI in order to bring combined public and private R&D investment to 3% of GDP, of which the private sector should be expected to contribute with two thirds.
2012/06/29
Committee: ITRE
Amendment 365 #

2011/0401(COD)

Proposal for a regulation
Recital 29
(29) A greater impact should also be achieved by combining Horizon 2020 and private sector funds within public-private partnerships in key areas where research and innovation could contribute to Europe's wider competitiveness goals and help tackle societal challenges. The public- private partnerships in the form of Joint Technology Initiatives launched under Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework programme of the European Community for research, technological development and demonstration activities (2007-13) may be continued using more fit- for-purpose structures. The Commission should provide a single source of funding except if there is a clear agreement between the Commission and Member States to provide sufficient budget for joint funding of a specific initiative.
2012/06/29
Committee: ITRE
Amendment 485 #

2011/0401(COD)

Proposal for a regulation
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 climate change and sustainable development, to fostering the functioning and achievement of the ERA, to cooperation with third countries, to responsible research and innovation including a gender perspective, to SME involvement in research and innovation and the broader private sector participation, and to enhancing the attractiveness of the research profession and to facilitating cross-border and cross- sector mobility of researchers.
2012/06/29
Committee: ITRE
Amendment 593 #

2011/0401(COD)

Proposal for a regulation
Article 17 – paragraph 1
Horizon 2020 shall be implemented in a way which is complementary to other Union funding programmes, including the Structural Funds, the Programme for the Competitiveness of Enterprises and SMEs (COSME), and Erasmus for all.
2012/06/29
Committee: ITRE
Amendment 608 #

2011/0401(COD)

Proposal for a regulation
Article 18 – paragraph 2
2. Specific actions shall be undertaken within the specific objective ‘Leadership in enabling and industrial technologies’ set out in Point 1 of Part II of Annex I and each of the specific objectives under the priority ‘Societal challenges’ set out in Points 1 to 6 of Part III of Annex I. These specific actions shall take the form of a dedicated SME instrument that is targeted at all types of SMEs with an innovation potential and shall be implemented in a consistent manner and tailored to the needs of SMEs as set out under the specific objective ‘Innovation in SMEs’ in Point 3.3.(a) of Part II of Annex I. It is essential that SMEs are integrated within the full value chain in order to get access to all opportunities in Horizon 2020.
2012/06/29
Committee: ITRE
Amendment 617 #

2011/0401(COD)

Proposal for a regulation
Article 18 – paragraph 3
3. The integrated approach set out in paragraphs 1 and 2 is expected to lead to around 15At least 20% of the total combined budget for the specific objective on ‘Leadership in enabling and industrial technologies’ and the priority ‘Societal challenges’ goshall be used withing tohe SMEs instrument as set out in paragraph 2.
2012/06/29
Committee: ITRE
Amendment 641 #

2011/0401(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point a
(a) financial contributions from the Union to joint undertakings established on the basis of Article 187 TFEU under the Seventh Framework Programme, subject to the amendment of their basic acts; to new public-private partnerships set up on the basis of Article 187 TFEU; and to other funding bodies referred to in Article [55(1)(b)(v) or (vii)] of Regulation (EU) No XX/2012 [New Financial Regulation]. This form of partnerships shall only be implemented where the scope of the objectives pursued and the scale of the resources required justify it;. The Commission shall provide a single source of funding except for cases where there is a clear agreement between the Commission and Member States to provide sufficient budget for joint funding of a specific initiative.
2012/06/29
Committee: ITRE
Amendment 656 #

2011/0401(COD)

Proposal for a regulation
Article 19 – paragraph 3 – point c
(c) the long-term commitment from all partners based on a shared vision and clearly defined objectives;
2012/06/29
Committee: ITRE
Amendment 700 #

2011/0401(COD)

Proposal for a regulation
Article 21 – paragraph 3 a (new)
3 a. In order to reduce the administrative burden for participants, national accounting practices of the beneficiaries shall be accepted by the Commission.
2012/06/29
Committee: ITRE
Amendment 702 #

2011/0401(COD)

Proposal for a regulation
Article 21 – paragraph 3 b (new)
3 b. Beneficiaries who have executed their audits in a satisfactory manner during three consecutive years shall be subject to a lighter audit procedure, in order to foster an enhanced trust based approach.
2012/06/29
Committee: ITRE
Amendment 730 #

2011/0401(COD)

Proposal for a regulation
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, private sector participation, gender equality and energy efficiency. The monitoring shall also include information on the extent of funding for public-private and public-public partnerships.
2012/06/29
Committee: ITRE
Amendment 778 #

2011/0401(COD)

Proposal for a regulation
Annex 1 – broad lines of the specific objectives and activities – paragraph 7 – point c
(c) Marie 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 from universities, research organisations and enterprises, including SMEs, to best prepare them to face current and future societal challenges.
2012/07/02
Committee: ITRE
Amendment 994 #

2011/0401(COD)

Proposal for a regulation
Annex 1 – Part 2 – point 1 – paragraph 7
The activities under ‘Leadership in Enabling and Industrial Technologies’ will be primarily based on research and innovation agendas defined by industry and, business and SMEs, together with the research community and have a strong focus on leveraging private sector investment and innovation.
2012/07/02
Committee: ITRE
Amendment 1218 #

2011/0401(COD)

Proposal for a regulation
Annex 1 – Part 2 – point 2 – point 2.3 – point b – paragraph 3
The Equity facility will focus on early- stage venture capital funds providing venture capital and quasi-equity (including mezzanine capital) to early-stage, individual portfolio enterprises. The facility will also have the possibility to make expansion and growth- stage investments in conjunction with the Equity Facility for Growth under the Programme for the Competitiveness of Enterprises and SMEs, to ensure a continuum of support during the start up and development of companies.
2012/07/02
Committee: ITRE
Amendment 1222 #

2011/0401(COD)

Proposal for a regulation
Annex 1 – Part 2 – point 2 – point 2.3 – point b – paragraph 7
The growth window shall make expansion and growth-stage investments in conjunction with the Equity Facility for Growth under the Programme for the Competitiveness of Enterprises and SMEs, including investments in private and public sector funds-of-funds operating across borders and investing in venture capital funds, most of which will have a thematic focus that supports the goals of Europe 2020.
2012/07/02
Committee: ITRE
Amendment 1234 #

2011/0401(COD)

Proposal for a regulation
Annex 1 – Part 2 – point 3 – point 3.2 – paragraph 4
Cross-border collaborations are an important element in the innovation strategy of SMEs to overcome some of their size-related problems, such as access to technological and scientific competences and new markets. They contribute to turn ideas into profit and company growth and in return to increase private investment in research and innovation. Training and technology transfer to SMEs are key components in increasing their competitiveness and innovation.
2012/07/02
Committee: ITRE
Amendment 1238 #

2011/0401(COD)

Proposal for a regulation
Annex 1 – Part 2 – point 3 – point 3.3 – point a – paragraph 1
SMEs shall be supported across Horizon 2020. For this purpose, to participate in Horizon 2020, better conditions for SMEs shall be established. In addition, a dedicated SME instrument shall provide staged and seamless support covering the whole innovation cycle. The SME instrument shall be targeted at all types of innovative SMEs showing a strong ambition to develop, grow and internationalise. It shall be provided for all types of innovation, including service, non- technological and social innovations, given each activity has a clear European added- value. The aim is to develop and capitalise on the innovation potential of SMEs by filling the gap in funding for early stage high risk research and innovation, stimulating innovations and increasing private-sector commercialisation of research results.
2012/07/02
Committee: ITRE
Amendment 1239 #

2011/0401(COD)

Proposal for a regulation
Annex 1 – Part 2 – point 3 – point 3.3 – point a – paragraph 1
SMEs shall be supported across Horizon 2020. For this purpose a dedicated SME instrument shall provide staged and seamless support covering the whole innovation cycle. The SME instrument shall include visible funding modules for simple and fast access and be targeted at all types of innovative SMEs showing a strong ambition to develop, grow and internationalise. It shall be provided for all types of innovation, including service, non- technological and social innovations. The aim is to develop and capitalise on the innovation potential of SMEs by filling the gap in funding for early stage high risk research and innovation, stimulating innovations and increasing private-sector commercialisation of research results. The SME instrument shall be implemented in a bottom-up logic with open calls (no pre- defined call topics).
2012/07/02
Committee: ITRE
Amendment 1253 #

2011/0401(COD)

Proposal for a regulation
Annex 1 – Part 2 – point 3 – point 3.3 – point a – paragraph 2 a (new)
The SME instrument should be centrally managed in order to ensure coherent application of rules, visibility of the Instrument and a single entry point, facilitating participation of SMEs.
2012/07/02
Committee: ITRE
Amendment 1254 #

2011/0401(COD)

Proposal for a regulation
Annex 1 – Part 2 – point 3 – point 3.3 – point a – paragraph 2 b (new)
This instrument shall create the necessary flexibility to allow for the integration of SMEs at project runtime and for limited shorter-than-project timeframes into research projects. It shall also allow the creation of a new category of smaller (micro) projects for SMEs that can be created independently or as spin-offs from larger research projects.
2012/07/02
Committee: ITRE
Amendment 1814 #

2011/0401(COD)

Proposal for a regulation
Annex II – Breakdown of the budget – table – paragraph 1 – subparagraph 1
*Including EUR 8975 million for Information and Communication Technologies (ICT) of which EUR 1795 million for photonics and micro-and nanoelectronics, EUR 4293 million for nanotechnologies, advanced materials and advanced manufacturing and processing, EUR 575 million for biotechnology and EUR 1737 million for space. As a result, EUR 6663 million will be available to support Key Enabling Technologies. A minimum of 20% of the total combined budget for the specific objective on ‘Leadership in enabling and industrial technologies’ and the priority ‘Societal challenges’ shall be earmarked for the SME instrument.
2012/07/04
Committee: ITRE
Amendment 1817 #

2011/0401(COD)

Proposal for a regulation
Annex II – Breakdown of the budget – table – paragraph 1 – subparagraph 2
** Around EUR 1131 million of this amount may go towards the implementation of Strategic Energy Technology Plan (SET Plan) projects. Aroundt least one third of this mayshall go to SMEs.
2012/07/04
Committee: ITRE
Amendment 1819 #

2011/0401(COD)

Proposal for a regulation
Annex II – Breakdown of the budget – table – subparagraph 2
** Around EUR 1131 million of this amount may go towards the implementation of Strategic Energy Technology Plan (SET Plan) projects. Aroundt least one third of this mayshall go to SMEs.
2012/07/04
Committee: ITRE
Amendment 1822 #

2011/0401(COD)

Proposal for a regulation
Annex II – Breakdown of the budget – table – paragraph 1 – subparagraph 2 a (new)
a ** A minimum of 20% of the total combined budget for the specific objective on ‘Leadership in enabling and industrial technologies’ and the priority ‘Societal challenges’ shall be earmarked for the SME instrument.
2012/07/04
Committee: ITRE
Amendment 118 #

2011/0399(COD)

Proposal for a regulation
Recital 6
(6) An integrated approach should be ensured by bringing together activities covered by the Seventh Framework Programme for research, the Competitiveness and Innovation Framework Programme and the European Institute of Innovation and Technology (the EIT) to make participation easier, create a more coherent set of instruments and increase the scientific and economic impact while avoiding duplication and fragmentation. Common rules should apply in order to ensure a coherent framework which should facilitate the participation in programmes receiving Union financial contribution from the budget of Horizon 2020, including the participation in programmes managed by the EIT, joint undertakings or any other structures under Article 187 TFEU or participation in programmes undertaken by Member States pursuant to Article 185 TFEU. However, flexibility to adopt specific rules should be ensured whenin exceptional cases when explicitly justified by the specific needs of the respective actions and with Commission consent. This shall hold especially in order to boost opportunity- seizing activities in sectors with short research and innovation cycles, to ease the participation of SMEs and to simplify procedures for activities directly building on funded research results.
2012/07/02
Committee: ITRE
Amendment 149 #

2011/0399(COD)

Proposal for a regulation
Recital 12 a (new)
(12a) The cost models used shall achieve a real simplification for participants and increased participation for all beneficiaries compared to FP7. This shall be achieved through the use of simplified audit procedures, a broader acceptance of the usual accounting practices of the beneficiaries, the use of a flat rate option, adherence to the rules on state aid and by attracting co-financing from structural funds related to capacity building activities;
2012/07/02
Committee: ITRE
Amendment 165 #

2011/0399(COD)

Proposal for a regulation
Recital 19
(19) Rules governing the exploitation and dissemination of results should be laid down to ensure that the participants protect, exploit and disseminate those results as appropriate, in particular the possibility of additional exploitation, dissemination or licensing conditions in the European strategic interest, or where a predominant public interest exists, and shall be in full compliance with intellectual property rights.
2012/07/02
Committee: ITRE
Amendment 173 #

2011/0399(COD)

Proposal for a regulation
Recital 19 b (new)
(19b) All research and innovation builds on the capacity of scientists, research institutions, businesses and citizens to openly access share and use scientific information. However, intellectual property rights must be respected.
2012/07/02
Committee: ITRE
Amendment 268 #

2011/0399(COD)

Proposal for a regulation
Article 8 – paragraph 5 a (new)
5a. Flexibility in the conditions for participation shall be introduced in order to: - boost opportunity-seizing activities in sectors with short research and innovation cycles; - aid the participation of SMEs and - simplify procedures for activities directly building on funded research results.
2012/07/02
Committee: ITRE
Amendment 272 #

2011/0399(COD)

Proposal for a regulation
Article 10 – paragraph 1
Without prejudice to the other cases provided for in Regulation (EU) No XX/2012 [Financial Regulation] and in Regulation (EU) No XX/2012 [Delegated Regulation], calls for proposals shall not be issued for coordination and support actions and programme co-fund actions to be carried out by legal entities identified in the work programmes provided that the action does not fall under the scope of a call for proposals. Calls for proposals may take all forms, including open calls, which are necessary to ensure the level of flexibility imposed by the diversity of research and innovation sectors and activities, from long-term projects to short-term opportunity-seizing activities.
2012/07/02
Committee: ITRE
Amendment 359 #

2011/0399(COD)

Proposal for a regulation
Article 16 – paragraph 4 a (new)
4a. The Commission or the relevant funding body shall ensure that for grant agreements resulting from calls under the dedicated SME instrument the time between the deadline for proposals as established by the individual calls for proposals and the signature of the grant agreement, or where applicable the grant decision, shall be limited to a maximum period of five months.
2012/07/02
Committee: ITRE
Amendment 400 #

2011/0399(COD)

Proposal for a regulation
Article 22 – paragraph 3
3. A single reimbursement rate of the eligible costs shall be applied per action for all activities funded therein. The maximum rate shall be fixed in the work programme or work plan. The funding model shall achieve the following: a) real simplification for participants compared to FP7 in accordance with simplified audit procedures; b) a strengthened possibility to participate for research organisations, universities and SMEs; c) an increased industry participation compared to FP7, primarily through real simplification, d) a broader acceptance of the usual accounting practices of the beneficiaries; e) a flat rate option; f) adherence to the rules on state aid, and to ensure the funding model does not lead to market distortions; g) attract co-financing from structural funds related to capacity building activities;
2012/07/03
Committee: ITRE
Amendment 423 #

2011/0399(COD)

Proposal for a regulation
Article 22 – paragraph 4
4. The Horizon 2020 grant may reach a maximum of 1090 % of the total eligible costs, without prejudice to the co- financing principle for universities, research organisations, research institutes and SMEs, and a maximum of 75% for industry.
2012/07/03
Committee: ITRE
Amendment 492 #

2011/0399(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. Indirect eligible costs shall be determined by applying a flat rate of 250% of the total direct eligible costs, for universities, research organisations, research institutes and SMEs, and 20% for industry. This flat rate excludinges direct eligible costs for subcontracting and the costs of resources made available by third parties which are not used on the premises of the beneficiary, as well as financial support to third parties.
2012/07/03
Committee: ITRE
Amendment 87 #

2011/0394(COD)

Proposal for a regulation
Recital 8
(8) The competitiveness policy of the Union is intended to put into place the institutional and policy arrangements that create conditions under which enterprises can grow in a sustainable way. Sustainable competitiveness reflects the ability to achieve and maintain the economic competitiveness of enterprises in accordance with sustainable development objectives. Improved productivity is the dominant source of sustainable income growth, which in turn contributes to improvements in living standards. Competitiveness also depends on companies' ability to take full advantage of opportunities such as the European Single Market. This is especially important for SMEs, which account for 99% of the enterprises in the Union, provide two out of three existing jobs in the private sector, and 80 % of newly-created jobs, and contribute with more than half of the total value-added created by enterprises in the Union. SMEs are a key driver for economic growth, employment and social integration.
2012/07/05
Committee: ITRE
Amendment 98 #

2011/0394(COD)

Proposal for a regulation
Recital 11
(11) The Programme should particularly address SMEs, as defined in Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises. When implementing the Programme, the Commission should closely involve relevant stakeholders, in particular SME representative organisations, using existing structures to the greatest extent possible. Particular attention should be paid to micro enterprises, enterprises engaged in craft activities, the self- employed, liberal professions and social enterprises. Attention should also be paid to the specific characteristics and requirements of young entrepreneurs, new and potential entrepreneurs and female entrepreneurs, as well as specific target groups, such as migrants and entrepreneurs belonging to socially disadvantaged or vulnerable groups such as persons with disabilities. The Programme should also encourage senior citizens to become and remain entrepreneurs and promote second chances for entrepreneurs.
2012/07/05
Committee: ITRE
Amendment 110 #

2011/0394(COD)

Proposal for a regulation
Recital 13
(13) The Enterprise Europe Network ("the Network") has proven its added value for European SMEs as a one-stop-shop for business support by helping enterprises to improve their competitiveness and explore business opportunities in the Single Market and beyond. The streamlining of methodologies and working methods and provisions of a European dimension to business support services can only be achieved at Union level. In particular, the Network has helped SMEs to find cooperation or technology transfer partners, get advice on sources of financing, and on intellectual property and on eco-innovation and sustainable production. It has also obtained feedback on Union legislation and standards. Its unique expertise is particularly important in overcoming information asymmetries and alleviating transaction costs associated with cross-border transactions. Nevertheless, the performance of the Network should be further optimised, notably by achieving closer cooperation between the Network and the National Contact Points (NCPs) of Horizon 2020, further integrating internationalisation and innovation services, enhancing cooperation of the Network with other stakeholders and already existing support structures, increasing consultations of host organisations, reducing bureaucracy, improving IT support and enhancing the profile of the Network. With a view to further improving the performance of the Network, the Commission should take stock of the different governance structures across the EU in collaboration with SME organisations and innovation agencies. The tasks of the Network should be laid down in the Programme, including information, feedback, business cooperation and internationalisation services in the Single Market and in third countries, innovation services and services encouraging participation of SMEs in Horizon 2020. Or. en (see Article 9a, Annex I a (new))
2012/07/05
Committee: ITRE
Amendment 119 #

2011/0394(COD)

Proposal for a regulation
Recital 14
(14) The limited internationalisation of SMEs both within and outside Europe affects competitiveness. According to some estimates currently 25% of the SMEs in the Union export or have exported at some point over the last three years, of which only 13% export outside the Union on a regular basis and only 2 % have invested beyond their home country. In line with the Small Business Act, which called on the Union and the Member States to support and encourage SMEs to benefit from the growth of markets outside the Union, the EU supports a network of European Business Organisations in more than 20 markets abroad. It provides financial assistance to the EU-Japan Centre for Industrial Cooperation, business bodies in Hong Kong, Malaysia and Singapore as well as the European Business and Technology Centre in India, EU SME Centres in China and in Thailand and the China Intellectual Property Rights SME helpdesk. European added value is created by bundling national efforts in this domain, avoiding duplication, promoting cooperation and by offering services that would lack critical mass if provided at national level. Such services could, among others, include information on intellectual property rights, standards and public procurement opportunities.
2012/07/05
Committee: ITRE
Amendment 129 #

2011/0394(COD)

Proposal for a regulation
Recital 15 a (new)
(15a) The Programme should also support SME policy development and cooperation between policy makers and SME representative organisations, for instance by funding meetings, reports and databases. Such activities should focus on facilitating SMEs' access to programmes and reducing overall regulatory burdens, in particular their administrative burden. In particular, the Union should set a new, ambitious, target to reduce the net administrative burden in all relevant Union legislation by 25% by 2020. The quantitative target should be complemented by qualitative targets, based on the needs of businesses and SMEs in particular.
2012/07/05
Committee: ITRE
Amendment 171 #

2011/0394(COD)

Proposal for a regulation
Article 2 – paragraph 1 – introductory part
1. The Programme shall contribute to the following general objectives, paying particular attention to the specific needs of SMEs at European and global levelSMEs:
2012/07/05
Committee: ITRE
Amendment 201 #

2011/0394(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point c
(c) changes in administrative and regulatory burdens on SMEs,
2012/07/05
Committee: ITRE
Amendment 341 #

2011/0394(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. The Commission shall support actions which aim to improve access to finance for SMEs in their start-up and, growth and transfer phases, being complementary to the Member States' use of financial instruments for SMEs at national and, regional and local level. In order to ensure complementarity, these actions will be closely coordinated with those undertaken in the framework of cohesion policy and at nation, Horizon 2020 and at national, regional or local level. Such actions shall aim to stimulate the supply of both equity and debt finance.
2012/07/05
Committee: ITRE
Amendment 380 #

2011/0394(COD)

Proposal for a regulation
Article 9 a (new)
Article 9a Enterprise Europe Network 1. The Commission shall maintain its support to the Enterprise Europe Network ("the Network") in order to provide integrated business support services, in particular for SMEs. Taking into account the established experience and skills of existing European business support networks, financial support may be granted to network partners to provide, in particular: (a) information and advice, feedback, business cooperation and internationalisation services in the Single Market and in third countries; (b) services for innovation and for the transfer of both technology and knowledge; (c) services encouraging the participation of SMEs in European programmes, including Horizon 2020 and the Structural Funds. 2. Details of such services are set out in Annex IIa. 3. Services delivered by the Network on behalf of other Union programmes shall be funded by those programmes. 4. With a view to adopting further measures to improve the performance of the Network, the Commission shall take stock of the different governance structures and use patterns across Member States in collaboration with SME organisations and innovation agencies.
2012/07/05
Committee: ITRE
Amendment 391 #

2011/0394(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point c
(c) fitness checks of existing legislation and impact assessments of new Union measures that are of particular relevance for the competitiveness of enterprises, with a view to identifying areas of existing legislation that need to be simplified, orand ensuring that burdens on SMEs are minimised in areas in which new legislative measures need to beare being proposed;
2012/07/05
Committee: ITRE
Amendment 404 #

2011/0394(COD)

Proposal for a regulation
Article 12 – paragraph 5
5. A set of key performance indicators shall be developed as a basis for assessing the extent to which the objectives of the actions supported under the Programme have been achieved. They shall be measured against pre-defined baselines reflecting the situation before implementation of the actions.deleted
2012/07/05
Committee: ITRE
Amendment 420 #

2011/0394(COD)

Proposal for a regulation
Article 14 – paragraph 3 a (new)
3a. The financial instruments under the Programme shall be operated in close coordination with the debt and equity facilities under Horizon 2020 with a view to creating a single instrument for intermediaries and enabling SMEs to identify the Programme that corresponds best to their needs through one common source of information.
2012/07/05
Committee: ITRE
Amendment 421 #

2011/0394(COD)

Proposal for a regulation
Article 14 – paragraph 3 a (new)
3a. The Commission and the Member States shall take adequate measures to disseminate information on the available financial instruments among SMEs and intermediaries.
2012/07/05
Committee: ITRE
Amendment 422 #

2011/0394(COD)

Proposal for a regulation
Article 14 – paragraph 3 b (new)
3b. The financial instruments for SMEs shall be implemented in compliance with the relevant Union law on state aids. The conditions for any exclusion of the financial instruments from state aid rules shall be clearly stated in the Programme guidelines and manuals.
2012/07/05
Committee: ITRE
Amendment 438 #

2011/0394(COD)

Proposal for a regulation
Annex I – General Objective – point 1 – To strengthen the competitiveness and sustainability of the Union's enterprises including in the tourism sector
General objective: 1. To strengthen the competitiveness and sustainability of the Union's enterprises including in the tourism sector Impact indicator Current situation Long term target and milestone (2020) Growth of the industrial 2009: -3.1%, 2008: -0.3%, 2007: +0.7% Annual growth of 1% and a 5% growth in competitiveness 2015 2009: -3.1% Change of administrative burden on Number of days to set up new SME: 7 Reduction of number of days to set-up a new SMEs (N° of days to set-up a new working days SME: 3 working days in 2020. enterprise) EU manufacturing output growth in Annual growth of 6-7% during the last years Annual growth of 8% on average during the eco-industries (% change from next decade; By 2015, a 50% increase in previous year) output is targeted General objective: 1. To strengthen the sustainable competitiveness of the Union's enterprises, in particular SMEs Impact indicator Current situation Long term target and milestone (2020) Increased competitiveness of SMEs of 2009: -3.1%, 2008: -0.3%, 2007: +0.7% Annual growth of 1% the European Union compared to competitiveness of SMEs of main competitors (increased growth of the industrial competitiveness of the EU compared to main competitors) Change of administrative and regulatory Number of days to set up new SME in 2011: Reduction of number of days to set-up a new burden on SMEs (N° of days and costs to 6.5 working days. SME to 3 working days. set-up a new enterprise, time needed to get licenses and permits to take up and perform the specific activity of an enterprise) Cost of start-up: € 379. Reduction of start-up costs to € 100.1 Number of Member States complying with the Number of Member States complying with the SBA target to reduce the time needed to get SBA target to reduce the time needed to get licences and permits (including licences and permits (including environmental permits) to take up and environmental permits) to take up and perform the specific activity of an enterprise perform the specific activity of an enterprise to one month: 2 to one month: 242 Number of Member States with a one-stop Increase of number of Member States with a shop for business start-ups so that one-stop shop for business start-ups to 283 entrepreneurs can carry out all the required procedures (e.g. registration, tax, VAT and social security) via a single administrative contact point, either physical (an office), virtual (web), or both in 2009: 18 Energy intensity of EU Industry (final 2000: 0.18, 2005: 0.17, 2008: 0.16 2020: data to be completed energy consumption /GVA) (for EU 23) Material productivity (GVA/ tonne 2000: 0.29, 2003: 0.30, 2005: 0.29, 2006: 0.30, 2020: data to be completed Direct Material Consumption) (for EU 2007: 0.30 27) Share of Union SME offering 2011: 26% 2020: 38% environmentally friendly products or services ________________ 1 The conclusions of the Competitiveness Council of 31st May 2011 included a call to Member States "to reduce the start-up time for new enterprises to 3 days and the cost to €100 by 2012. 2 The SBA review invited Member States to "reduce the time needed to get licences and permits (including environmental permits) to take up and perform the specific activity of an enterprise to one month by the end of 2013". 24 Member States have already reduced this period to 3 months. 3 According to the 2006 spring council conclusions, "all MS must have a one stop shop or equivalent arrangement so that all formalities to start up a company can be carried in one spot."
2012/07/05
Committee: ITRE
Amendment 447 #

2011/0394(COD)

Proposal for a regulation
Annex I – Specific Objective: To improve access to finance for SMEs in the form of equity and debt
Specific objective: To improve access to finance for SMEs in the form of equity and debt Result indicator Latest known result Medium term target (result) 2017 ) Financial Instruments for growth Number of firms receiving loans (credit) Proposed instruments are not yet launchedAs of 31 December 2011 € 10.2 billion in Number of firms receiving loan (credit) guarantees and value of lending and not the same as current instruments, so benefiting from a Programme guarantee lending mobilised, reaching 171.000 SMEs benefiting from a guarantees (+/- 9145 000) and and value of lending (SMEG). data from current instruments may not be value of lending (+/- € 10.79.6 billon) comparable Number of VC-backed firms and valueNumber of firms receiving VC- As of 31 December 2011 € 1.9 billion in VC Number of firms receiving VC investments investments from the Programme and mobilised, reaching 194 SMEs (GIF). from the Programme and overall volume overall volume invested. Number of VC-backed firms invested: (+/- 18240) and of investments (of which cross borderoverall value of value of investments (+/- € 220m) deals) .0 billion)
2012/07/05
Committee: ITRE
Amendment 451 #

2011/0394(COD)

Proposal for a regulation
Annex I a (new)
ANNEX Ia Details of the services provided by the Enterprise Europe Network referred to in Article 9a 1. Information, feedback, business cooperation and internationalisation services in the Single Market and in third countries: (a) disseminating information relating to the functioning and opportunities of the internal market for goods and services, including relevant Union law, standards and public procurement opportunities, on access to finance and increasing SMEs' sustainability, (b) pro-actively promoting Union initiatives, policies and programmes that are relevant for SMEs in the respective regions and providing information to SMEs on the application procedures for such programmes, (c) operating tools to measure the impact of existing legislation on SMEs, (d) contributing to the carrying-out of impact assessment studies by the Commission, (e) using other appropriate means to engage SMEs in the Union policy-making process, (f) assisting SMEs to develop cross-border activities and international networks, (g) supporting SMEs to find relevant partners from the private or public sectors through appropriate tools. 2. Services for innovation and for the transfer of both technology and know- how: (a) disseminating information and raising awareness regarding innovation-related policies, legislation, and support programmes, (b) engaging in the dissemination and exploitation of research results, (c) providing brokerage services for technology and know-how transfer, and for partnership building between all kinds of innovation actors, (d) stimulating the capacity of firms, especially SMEs, to innovate, (e) facilitating linkage to other innovation services including intellectual property- related services. 3. Services encouraging the participation of SMEs in Horizon 2020: (a) raising awareness among SMEs regarding Horizon 2020, (b) helping SMEs to identify their research and technological development needs and to find relevant partners, (c) assisting SMEs in the preparation and coordination of project proposals for participation in Horizon 2020.
2012/07/05
Committee: ITRE
Amendment 9 #

2011/0389(COD)

Proposal for a directive
Recital 3
(3) In order to allow audit firms to grow, Member States should allow them to have access to external capital. Therefore, Member States should no longer require that a minimum amount of capital or of voting rights in an audit firm is held by statutory auditors or audit firms, provided that a majority of the members of the administrative body are audit firms approved in any Member State or statutory auditors of good repute.deleted
2012/10/18
Committee: ITRE
Amendment 13 #

2011/0389(COD)

Proposal for a directive
Article 1 – point 2 – point d
Directive 2006/43/EC
Article 2 – paragraph 13 – point g
(g) EU alternative investment funds as defined in Article 4(1)(k) of Directive 2011/61/EC of the European Parliament and of the Council(*****);deleted
2012/10/18
Committee: ITRE
Amendment 14 #

2011/0389(COD)

Proposal for a directive
Article 1 – point 2 – point d
Directive 2006/43/EC
Article 2 – paragraph 13 – point h
(h) undertakings for collective investment in transferable securities (UCITS) as defined in Article 1(2) of Directive 2009/65/EC of the European Parliament and of the Council(******);deleted
2012/10/18
Committee: ITRE
Amendment 15 #

2011/0389(COD)

Proposal for a directive
Article 1 – point 3 – point b – point iii
Directive 2006/43/EC
Article 3 – paragraph 4 – subparagraph 2
Member States may not set additional conditions in relation to these points. Member States shall not be allowed to require that a minimum amount of capital or of voting rights in an audit firm is held by statutory auditors or audit firms.deleted
2012/10/18
Committee: ITRE
Amendment 22 #

2011/0389(COD)

Proposal for a directive
Article 1 – point 16
Directive 2006/43/EC
Article 32 a (new) – paragraph 1
Member States may allow the competent authority referred to in Article 32 to delegate certain tasks to other authorities or bodies designated by law only as regards the approval and registration of statutory auditors and audit firms. Any execution of tasks by other authorities or bodies shall be expressly delegated by the competent authority. The delegation shall specify the delegated tasks and the conditions under which they are to be carried out. The authorities or bodies shall be organized in such a manner that there are no conflicts of interest. The ultimate responsibility for supervising compliance with this Directive and the implementing measures adopted pursuant thereto shall lie with the delegating competent authority.
2012/10/18
Committee: ITRE
Amendment 23 #

2011/0389(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Directive 2006/43/EC
Article 2 – point 13 – point g
(g) EU alternative investment funds as defined in Article 4(1)(k) of Directive 2011/61/EC of the European Parliament and of the Council(*****);deleted
2012/10/26
Committee: ECON
Amendment 23 #

2011/0389(COD)

Proposal for a directive
Article 1 – point 17 a (new)
Directive 2006/43/EC
Article 37 – paragraph 1
17a. In Article 37, paragraph 1 is replaced by the following: '1. The statutory auditor or audit firm shall be appointed by the general meeting of shareholders or members of the audited entity for an initial engagement that shall not be shorter than three years.'
2012/10/18
Committee: ITRE
Amendment 24 #

2011/0389(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Directive 2006/43/EC
Article 2 – point 13 – point h
(h) undertakings for collective investment in transferable securities (UCITS) as defined in Article 1(2) of Directive 2009/65/EC of the European Parliament and of the Council(******);deleted
2012/10/26
Committee: ECON
Amendment 26 #

2011/0389(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Directive 2006/43/EC
Article 22 – paragraph 1
1. Member States shall ensure that when carrying out a statutory audit, the statutory auditor and/or the audit firm and any holder of voting rights in the audit firm is independent of the audited entity and is not involved in the decision-taking of the audited enttakes all necessary steps to ensure that the independence is not compromised by financial, personal, business, employment or other relationships involving the statutory auditor, the audit firm, its affiliate firms and network, and any natural person in a position to influence the outcome of the statutory audity.
2012/10/26
Committee: ECON
Amendment 149 #

2011/0389(COD)

Proposal for a directive
Article 1 – point 19 f (new)
Directive 2006/43/EC
Article 42 a
19f. The following Article 42a is inserted: ‘Article 42a Prohibition of the provision of non-audit services 1. In addition to the provisions of Articles 22 and 24, Member States shall ensure the application of the provisions set out in the following paragraphs. 2. A statutory auditor or an audit firm carrying out statutory audit of public- interest entities may provide to the audited entity, to its parent undertaking and to its controlled undertakings statutory audit services, audit-related and other assurance services subject to prior approval of the audit committee and as long as these do not pose a threat to independence that cannot be reduced to an acceptable level by the application of safeguards. Where the statutory auditor belongs to a network, a member of such network may provide to the audited entity, to its parent undertaking and to its controlled undertakings statutory audit services, audit-related and other assurance services subject to prior approval of the audit committee and as long as these do not pose a threat to independence that cannot be reduced to an acceptable level by the application of safeguards. 3. For the purposes of this Article, audit- related and other assurance services shall mean in particular: (a) the audit or review of interim financial statements; (b) providing assurance on corporate governance statements; (c) providing assurance on corporate social responsibility matters; (d) providing assurance on or attestation of regulatory reporting to regulators of financial institutions beyond the scope of the statutory audit and designed to assist regulators in fulfilling their role, such as on capital requirements or specific solvency ratios determining how likely an undertaking will be to continue meeting its debt obligations; (e) providing certification on compliance with tax requirements, preparation of tax declarations, advice on indirect taxes, payroll tax, transfer prices, customs duties and public support measures, support regarding tax inspections and tax authority enquiries; (f) the audit of technology systems, internal control or risk management procedure related to the preparation and/or control of financing information included in the financial statements, and advice on risk; (g) providing assurance on the implementation and further development of electronic data processing systems; (h) the audit of occupational pension schemes and pension obligations; (i) any other statutory duty related to audit work imposed by Union and/or national legislation to the statutory auditor or audit firm; (j) providing comfort letters for investors in the context of the issuance of an undertaking’s securities, and fairness opinions or contribution-in-kind reports. 4. A statutory auditor or an audit firm carrying out statutory audit of public- interest entities shall not directly or indirectly provide to the audited entity, to its parent undertaking and to its controlled undertakings non-audit services. Where the statutory auditor belongs to a network, no member of such network shall provide to the audited entity, to its parent undertaking and to its controlled undertakings within the Union any non- audit services. For the purposes of this Article, ‘non- audit services’ entailing conflict of interest in all cases shall mean: (i) consultancy services unrelated to the statutory audit; tax consultancy and legal services that go beyond the identification of structural options and have a more than indirect or insignificant impact on how the asset, financial and income situation is represented in the annual financial statement; legal services, including those for the settlement of disputes; general management and other advisory services; (ii) book keeping and preparing accounting records and financial statements; (iii) designing or implementing technology systems, internal control or risk management procedure related to the preparation and/or control of financing information included in the financial statements and advice on risk; (iv) valuation services; (v) actuarial services; (vi) designing or implementing financial information technology systems; (vii) participating in the audit client’s internal audit and the provision of services related to the internal audit function; (viii) broker or dealer, investment advice, or investment banking services. (ix) human resources services, including recruiting senior management; (x) legal and tax services that go beyond the presentation of alternatives; tax services for natural persons; 5. Where a member of the network to which the statutory auditor or audit firm of a public-interest entity belongs provides non-audit services to a third-country- based enterprise controlled by the audited entity, the statutory auditor/ audit firm shall assess whether his, her or its independence is affected thereby. If his, her or its independence is affected, the statutory auditor or the audit firm shall apply safeguards in order to mitigate the threats caused by such provision of services in a third country. The statutory auditor or the audit firm may continue to carry out the statutory audit of the public- interest entity only if he, she or it can prove that such provision of services does not affect his, her or its professional judgement and the audit report. Being involved in the decision-taking of the audited entity and the provision of non-audit services shall be considered as affecting such independence in all cases. The statutory auditor or the audit firm may consult the competent authority for an opinion on this issue. 6. Competent authorities may give notice of further services and/or activities which it considers impart a conflict of interest and shall notify ESMA, EIOPA, EBA and, where appropriate, the ESRB.’
2012/11/14
Committee: JURI
Amendment 152 #

2011/0389(COD)

Proposal for a directive
Article 1 – point 20
Directive 2006/43/EC
Article 43 a – paragraph 2
When undertaking quality assurance reviews, the competent authorities shall take account of the proportionate application of the auditing standards.(Does not affect the English version.)
2012/11/14
Committee: JURI
Amendment 157 #

2011/0389(COD)

Proposal for a directive
Article 1 – point 21 – point a
Directive 2006/43/EC
Article 45 – paragraph 1 – introductory wording
1. The competent authorities of a Member State shall, in accordance with Article 15, 16 and 17, register every third-country auditor and audit entity that provides an audit report concerning the annual or consolidated accounts of an undertaking incorporated outside the Union whose transferable securities are admitted to trading on a regulated market of that Member State within the meaning of point 14 of Article 4(1) of Directive 2004/39/EC, except when the undertaking is an issuer exclusively of outstanding debt securities for which one of the following applies:(Does not affect the English version.)
2012/11/14
Committee: JURI
Amendment 165 #

2011/0389(COD)

Proposal for a directive
Article 1 – point 23 – point c
Directive 2006/43/EC
Article 47 – paragraph 5
‘5. The Commission shall be empowered to adopt delegated acts in accordance with Article 48a for the purpose of defining the exceptional cases referred to in paragraph 4 of this Article in order to facilitate cooperation between competent authorities.’(Does not affect the English version.)
2012/11/14
Committee: JURI
Amendment 97 #

2011/0359(COD)

Proposal for a regulation
Recital 11
(11) The provision of services other than statutory audit to audited entities by statutory auditors, audit firms or members of their networks may compromise their independence. Therefore, it is appropriate to require the statutory auditor, the audit firm and the members of their network not to provide non-audit services to their audited entities. The provision of non-audit services by an audit firm to a company would prevent that audit firm from carrying out statutory audit of that company, thus resulting in a reduction of the audit firms available to provide statutory audit, in particular with regard to the audit of large public-interest entities where the market is concentrated. As a result, in order to secure that a minimum number of audit firms is able to provide audit services to large public-interest entities, it is appropriate to request that audit firms of significant dimension either focus their professional activity on the carrying out of statutory audit and are not allowed to undertake other services unconnected to their statutory audit function such as consultancy or advisory services or they partner with other audit firms in joint audits if they want to further expand their business activities.
2012/10/19
Committee: ITRE
Amendment 101 #

2011/0359(COD)

Proposal for a regulation
Recital 24
(24) It is also important that the role of the audit committee in the selection of a new statutory auditor or audit firm be reinforced, for the benefit of a more informed decision of the general meeting of shareholders or members of the audited entity. Hence, when making a proposal to the general meeting, the board should explain whether it follows the recommendation of the audit committee and, if not, why. It should equally provide reasons if it proposes to renew an audit engagement following a tender procedure. The recommendation of the audit committee should include at least two possible choices for the audit engagement, a comprehensive assessment of both proposals, and a duly justified preference for one of them, so that the general meeting can make a real choice. In order to provide a fair and proper justification in its recommendation, the audit committee should use the results of a mandatory selectiontender procedure organised by the audited entity, under the responsibility of the audit committee. In such selectiontender procedure, the audited entity should invite statutorypublish a call to auditors or audit firms, including smaller ones, to present proposals for the audit engagement. Tender documents should contain transparent and non- discriminatory selection criteria to be used for the evaluation of proposals. Considering, however, that this selectiontender procedure could entail disproportionate costs for companies with reduced market capitalisation or small and medium-sized public-interest entities having regard to their dimension, it is appropriate to relieve such entities from this obligation.
2012/10/19
Committee: ITRE
Amendment 104 #

2011/0359(COD)

Proposal for a regulation
Recital 27
(27) In order to address the familiarity threat and therefore reinforce the independence of auditors and audit firms, it is important to establish a maximum duration of the audit engagement of a statutory auditor or audit firm in a particular audited entity. An appropriate gradual rotation mechanism should also be established with regard to the most senior personnel involved in the statutory audit, including the key audit partners carrying out the statutory audit on behalf of the audit firm. It is also important to provide for an appropriate period within which such statutory auditor or audit firm may not carry out the statutory audit of the same entity. In order to ensure a smooth transition, the former auditor should transfer a handover file with relevant information to the incoming auditorFurthermore, a comprehensive, transparent and independent evaluation of audit quality should be regularly and appropriately documented. This comprehensive evaluation should form the basis for the auditor selection by the general meeting, which follows a tender procedure at least every 7 years. Furthermore, an appropriate gradual rotation mechanism should be established with regard to the most senior personnel involved in the statutory audit, including the key audit partners carrying out the statutory audit on behalf of the audit firm.
2012/10/19
Committee: ITRE
Amendment 105 #

2011/0359(COD)

Proposal for a regulation
Recital 43
(43) In order to take account of developments in auditing and the audit market, the Commission should be empowered to specify technical requirements on the content of the handover file that the new statutory auditor or audit firm should receive and on the establishment of a European quality certificate for statutory auditors and audit firms carrying out statutory audits of public-interest entities.
2012/10/19
Committee: ITRE
Amendment 119 #

2011/0359(COD)

Proposal for a regulation
Recital 23
(23) Audit committees, or bodies performing an equivalent function within the audited entity, have a decisive role in contributing to high-quality statutory audit. It is particularly important to reinforce the independence and technical competence of the audit committee by requiring that a majority of its members is independent and that at least one member of the committee has competence in auditing and another one in auditing and/or accounting. Members of the audit committee should take part in skill enhancement programmes to ensure an appropriate level of technical knowledge to fulfil their roles. The Commission Recommendation of 15 February 2005 on the role of non- executive or supervisory directors of listed companies and on the committees of the (supervisory) board26 sets out how audit committees should be established and function. Considering, however, the dimension of boards in companies with reduced market capitalisation and in small and medium-sized public-interest entities, it would be appropriate that the functions assigned to the audit committee for those entities, or to a body performing equivalent functions within the audited entity, may be performed by the administrative or supervisory body as a whole. Public- interest entities which are UCITS or alternative investment funds should also be exempted from the obligation to have an audit committee. This exemption takes into account the fact that where those funds function merely for the purpose of pooling assets, the employment of an audit committee is not appropriate. UCITS and alternative investments funds, as well as their management companies, operate in a strictly defined regulatory environment and are subject to specific governance mechanisms such as controls exercised by their depositary.
2012/10/29
Committee: ECON
Amendment 122 #

2011/0359(COD)

Proposal for a regulation
Article 10 – paragraph 5 – introductory part
5. Where an audit firm generates more than one third of its annual audit revenues from large public-interest entities and belongs to a network whose members have combined annual audit revenues which exceed EUR 1 500 million within the European Union, whereas revenues from audits for which more than one audit firm has been appointed shall not be factored in the calculation of these thresholds, it shall comply with the following conditions:
2012/10/19
Committee: ITRE
Amendment 136 #

2011/0359(COD)

Proposal for a regulation
Article 32 – paragraph 3 – subparagraph 1 – introductory part
3. Unless it concerns the renewal of anWhenever the audited engagement in accordance with the second subparagraph of Article 33(1)tity decides so, but at the latest after 7 years of renewed audit engagements, the recommendation of the audit committee referred to in paragraph 2 of this Article, shall be prepared following a selectiontender procedure organized by the audited entity respecting the following criteria:
2012/10/19
Committee: ITRE
Amendment 140 #

2011/0359(COD)

Proposal for a regulation
Recital 43
(43) In order to take account of developments in auditing and the audit market, the Commission should be empowered to specify technical requirements on the content of the handover file that the new statutory auditor or audit firm should receive and on the establishment of a European quality certificate for statutory auditors and audit firms carrying out statutory audits of public-interest entities.
2012/10/29
Committee: ECON
Amendment 144 #

2011/0359(COD)

Proposal for a regulation
Article 32 – paragraph 5 – subparagraph 2
If the proposal of the administrative or supervisory board departs from the recommendation of the audit committee, the proposal shall justify the reasons for not following the recommendation of the audit committee. It shall equally justify the reasons if, following a tender procedure referred to in paragraph 3, the renewal of an audit engagement is proposed.
2012/10/19
Committee: ITRE
Amendment 145 #

2011/0359(COD)

Proposal for a regulation
Article 32 – paragraph 6 – subparagraph 1
6. In the case of a credit institution or insurance undertaking, tThe administrative or supervisory board shall submit its draft proposal to the competent authority referred to in Article 35(2).The draft proposal shall be accompanied by the results of the comprehensive assessment referred to in Article 32 (2) and (3). The competent authority referred to in Article 35(2) shall have the right to veto the choice proposed in the recommendation. Any such opposition shall be duly justified.
2012/10/19
Committee: ITRE
Amendment 149 #

2011/0359(COD)

Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1
1. The public-interest entity shall appoint a statutory auditor or audit firm for an initial engagement that shall not be shorter than twohree years.
2012/10/19
Committee: ITRE
Amendment 151 #

2011/0359(COD)

Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 2
The public-interest entity may renew this engagement up to a maximum duration of combined, consecutive engagements only oncef 14 years providing these renewals are each based on proposals of the audit committee and approved at the annual general meeting.
2012/10/19
Committee: ITRE
Amendment 153 #

2011/0359(COD)

Proposal for a regulation
Article 5 – paragraph 1
A statutory auditor or audit firm shall take all necessary steps to ensure that the carrying outindependence of athe statutory auditor ofr a public-interest entity is not affected by any existing or potential conflict of interest or businessudit firm carrying out the statutory audit is not compromised by financial, personal, business, employment or other relationships involving the statutory auditor or, the audit firm carrying out the statutory audit and, where appropriate, its, its affiliate firms and network, managers, auditors, employees, any other natural persons whose services are placed at the disposal or under the control of the statutory auditor or audit firm, or any person directly or indirectly linked tod any natural person in a position to influence the outcome of the statutory auditor or audit firm by control.
2012/10/29
Committee: ECON
Amendment 157 #

2011/0359(COD)

Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 3
The maximum duration of the combined two engagements shall not exceed 6 years.deleted
2012/10/19
Committee: ITRE
Amendment 161 #

2011/0359(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. When the statutory auditor or audit firm provides to the audited entity related financial audit services, as referred to in Article 10(2), the fees for such services shall be limited to no more than 10 % of the fees paid by the audited entity for the statutory audit.deleted
2012/10/29
Committee: ECON
Amendment 171 #

2011/0359(COD)

Proposal for a regulation
Article 33 – paragraph 6
6. ESMA shall develop draft regulatory technical standards to specify technical requirements on the content of the handover file referred to in paragraph 6. Power is delegated to the Commission to adopt the regulatory technical standards referred to in paragraph 6 in accordance with Article 10 of Regulation (EU) No 1095/2010.deleted
2012/10/19
Committee: ITRE
Amendment 212 #

2011/0359(COD)

Proposal for a regulation
Recital 23
(23) Audit committees, or bodies performing an equivalent function within the audited entity, have a decisive role in contributing to high-quality statutory audit. It is particularly important to reinforce the independence and technical competence of the audit committee by requiring that a majority of its members is independent and that at least one member of the committee has competence in auditing and another one in auditing and/or accounting. Members of the audit committee should take part in skill enhancement programmes to ensure an appropriate level of technical knowledge to fulfil their roles. The Commission Recommendation of 15 February 2005 on the role of non- executive or supervisory directors of listed companies and on the committees of the (supervisory) board26 sets out how audit committees should be established and function. Considering, however, the dimension of boards in companies with reduced market capitalisation and in small and medium-sized public-interest entities, it would be appropriate that the functions assigned to the audit committee for those entities, or to a body performing equivalent functions within the audited entity, may be performed by the administrative or supervisory body as a whole. Public- interest entities which are UCITS or alternative investment funds should also be exempted from the obligation to have an audit committee. This exemption takes into account the fact that where those funds function merely for the purpose of pooling assets, the employment of an audit committee is not appropriate. UCITS and alternative investments funds, as well as their management companies, operate in a strictly defined regulatory environment and are subject to specific governance mechanisms such as controls exercised by their depositary.
2012/11/09
Committee: JURI
Amendment 227 #

2011/0359(COD)

Proposal for a regulation
Recital 27
(27) In order to address the familiarity threat and therefore reinforce the independence of auditors and audit firms, it is important to establish a maximum duration of the audit engagement of a statutory auditor or audit firm in a particular audited entity. AFurthermore, a comprehensive, transparent and independent evaluation of audit quality should be regularly and appropriately documented. This comprehensive assessment should form the basis for the annual auditor selection by the general assembly. The purpose of mandatory tendering for the audit engagement is to not only evaluate the incumbent provider's performance but also the requirements of the audited entity. Furthermore, an appropriate gradual rotation mechanism should also be established with regard to the most senior personnel involved in the statutory audit, including the key audit partners carrying out the statutory audit on behalf of the audit firm. It is also important to provide for an appropriate period within which such statutory auditor or audit firm may not carry out the statutory audit of the same entity. In order to ensure a smooth transition, the former auditor should transfer a handover file with relevant information to the incoming auditor.
2012/11/09
Committee: JURI
Amendment 272 #

2011/0359(COD)

Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 5
By derogation from the first and second subparagraphs, the services mentioned in point (b)(i) and (ii) may be provided by the statutory auditor or the audit firm, subject to prior approval by the audit committee as referred to in Article 31 of this Regulation.deleted
2012/10/29
Committee: ECON
Amendment 278 #

2011/0359(COD)

Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 3
Being involved in the decision-taking of the audited entity and the provision of the services referred to in points (ii) and (iii) of paragraph 3(a)non- audit services shall be considered as affecting such independence in all cases.
2012/10/29
Committee: ECON
Amendment 280 #

2011/0359(COD)

Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 4
The provision of the services referred to in points (i) and (iv) to (viii) of paragraph 3(a) shall be presumed to affect such independence.deleted
2012/10/29
Committee: ECON
Amendment 283 #

2011/0359(COD)

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
A statutory auditor or an audit firm carrying out statutory audit of public- interest entities may provide to the audited entity, to its parent undertaking and to its controlled undertakings statutory audit services and, related financial audit services and other assurance services, subject to prior approval of the audit committee and as long as these services do not pose a threat to independence that cannot be reduced to an acceptable level by the application of safeguards.
2012/11/09
Committee: JURI
Amendment 288 #

2011/0359(COD)

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Where the statutory auditor belongs to a network, a member of such network may provide to the audited entity, to its parent undertaking and to its controlled undertakings within the Union statutory audit services or, related financial audit services and other assurance services, subject to prior approval of the audit committee and as long as these services do not pose a threat to independence that cannot be reduced to an acceptable level by the application of safeguards.
2012/11/09
Committee: JURI
Amendment 292 #

2011/0359(COD)

Proposal for a regulation
Article 10 – paragraph 2 – introductory part
2. For the purposes of this Article, related financial audit services shall meanand other assurance services shall mean in particular:
2012/11/09
Committee: JURI
Amendment 293 #

2011/0359(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point e
(e) providing certification on compliance with tax requirements where such attestation is required by national law, preparation of tax declarations, advice on indirect taxes, payroll tax, transfer prices, customs duties and public support measures, support regarding tax inspections and tax authority enquiries;
2012/11/09
Committee: JURI
Amendment 295 #

2011/0359(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point e a (new)
(ea) auditing technology systems, internal control or risk management procedure related to the preparation and/or control of financing information included in the financial statements and advice on risk;
2012/11/09
Committee: JURI
Amendment 297 #

2011/0359(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point e b (new)
(eb) providing assurance on the implementation and further development of electronic data processing systems;
2012/11/09
Committee: JURI
Amendment 298 #

2011/0359(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point e c (new)
(ec) audit of occupational pension schemes and pension obligations;
2012/11/09
Committee: JURI
Amendment 300 #

2011/0359(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point f
(f) any other statutory duty related to audit work imposed by Union and/or national legislation to the statutory auditor or audit firm.;
2012/11/09
Committee: JURI
Amendment 303 #

2011/0359(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point f a (new)
(fa) providing comfort letters for investors in the context of the issuance of an undertaking's securities and fairness opinions or contribution-in-kind reports.
2012/11/09
Committee: JURI
Amendment 317 #

2011/0359(COD)

Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – introductory part
For the purposes of this Article, non-audit services shall mean in particular:
2012/11/09
Committee: JURI
Amendment 324 #

2011/0359(COD)

Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point a – point iii
(iii) designing andor implementing technology systems and internal control or risk management procedure related to the preparation and/or control of financing information included in the financial statements and advice on risk;
2012/11/09
Committee: JURI
Amendment 329 #

2011/0359(COD)

Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point a – point iv
(iv) valuation services, providing fairness opinions or contribution-in-kind reports;
2012/11/09
Committee: JURI
Amendment 337 #

2011/0359(COD)

Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point a – point vi
(vi) designing andor implementing financial information technology systems for public- interest entities as referred to in Article 2(13)(b) to (j) of Directive 2006/43/EC;
2012/11/09
Committee: JURI
Amendment 344 #

2011/0359(COD)

Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point a – point viii a (new)
(viiia) human resources services, including recruiting senior management;
2012/11/09
Committee: JURI
Amendment 347 #

2011/0359(COD)

Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – introductory part
Without prejudice to Article 55 of Directive 2004/39/EC, Article 53 of Directive 2006/48/EC of the European Parliament and of the Council34 , Article 15(4) of Directive 2007/64/EC, Article 106 of Directive 2009/65/EC, the first paragraph of Article 3 of Directive 2009/110/EC and Article 72 of Directive 2009/138/EC of the European Parliament and of the Council35 , tThe statutory auditor or audit firm carrying out the statutory audit of a public-interest entity shall have a duty to report promptly to the competent authorities supervising public-interest entitiesaudit committee, the administrative and supervisory body any fact or decision concerning that public-interest entity of which he, she or it has become aware while carrying out that statutory audit and which is liable. The reporting is to bring about any of the following:
2012/10/29
Committee: ECON
Amendment 348 #

2011/0359(COD)

Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – point c
(c) a refusal to certify the financial statements or the expression of reservatissue an audit report or the issuance of an adverse or a qualified audit opinions.
2012/10/29
Committee: ECON
Amendment 348 #

2011/0359(COD)

Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point a – point viii b (new)
(viiib) legal and tax services that go beyond the presentation of alternatives; tax services for natural persons;
2012/11/09
Committee: JURI
Amendment 349 #

2011/0359(COD)

Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 2
The statutory auditor or the audit firm shall also have a duty to report any facts and decisions according to paragraph 1 (a), (b) or (c) of which he, she or it becomes aware in the course of carrying out thea statutory audit of an undertaking having close links withcontrolled by the public-interest entity for which he, she or it is also carrying out the statutory audit. The audit committee, administrative and supervisory body will undertake appropriate steps to immediately inform the competent authorities supervising public interest entities about these reported facts and decisions.
2012/10/29
Committee: ECON
Amendment 355 #

2011/0359(COD)

Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point b
b) services which may entail conflict of interest: i) human resources services, including recruiting senior management; ii) providing comfort deletters for investors in the context of the issuance of an undertaking's securities; iii) designing and implementing financial information technology systems for public-interest entities as referred to in Article 2(13)(a) of Directive 2006/43/EC; iv) due diligence services to the vendor or the buy side on potential mergers and acquisitions and providing assurance on the audited entity to other parties at a financial or corporate transaction.d
2012/11/09
Committee: JURI
Amendment 357 #

2011/0359(COD)

Proposal for a regulation
Article 26 – paragraph 2 – subparagraph 1
The annual financial report and the annual income statement shall show the total turnover divided into fees from the statutory audit of annual and consolidated financial statements of public-interest entities and entities belonging to a group of undertakings whose parent undertaking is a public-interest entity, fees from the statutory audit of annual and consolidated financial statements of other entities and fees charged for audit-related financialand other assurance audit services as defined in Article 10(2).
2012/10/29
Committee: ECON
Amendment 367 #

2011/0359(COD)

Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 3 a (new)
(3a) Members of the audit committee shall take part in skill enhancement programmes in order to ensure an adequate technical knowledge level to fulfil their tasks.
2012/10/29
Committee: ECON
Amendment 374 #

2011/0359(COD)

Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 4
By derogation from the first and second subparagraphs, the services mentioned in point (b)(iii) and (iv) may be provided by the statutory auditor or the audit firm, subject to prior approval by the competent authority referred to in Article 35(1).deleted
2012/11/09
Committee: JURI
Amendment 381 #

2011/0359(COD)

Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 5
By derogation from the first and second subparagraphs, the services mentioned in point (b)(i) and (ii) may be provided by the statutory auditor or the audit firm, subject to prior approval by the audit committee as referred to in Article 31 of this Regulation.deleted
2012/11/09
Committee: JURI
Amendment 383 #

2011/0359(COD)

Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 4
The comprehensive assessment shall be performed in a transparent and systematic approach, and shall include the consideration of professional competencies of the auditor or audit firm which are necessary to perform the statutory audit in compliance with relevant ethical requirements and international standards on auditing referred to in Article 20. It shall take into consideration any findings and conclusions on the recommended statutory auditor or audit firm referred to in Article 40(6) and published by the competent authority pursuant to Article 44(d). In its recommendation, the audit committee shall state that its recommendation is free from influence by a third party and that no contractual clause as referred to in paragraph 7 has been imposed upon it.
2012/10/29
Committee: ECON
Amendment 388 #

2011/0359(COD)

Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 3
Being involved in the decision-taking of the audited entity and the provision of the services referred to in points (ii) and (iii) of paragraph 3(a)non- audit services shall be considered as affecting such independence in all cases.
2012/11/09
Committee: JURI
Amendment 391 #

2011/0359(COD)

Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 4
The provision of the services referred to in points (i) and (iv) to (viii) of paragraph 3(a) shall be presumed to affect such independence.deleted
2012/11/09
Committee: JURI
Amendment 397 #

2011/0359(COD)

Proposal for a regulation
Article 10 – paragraph 5
5. Where an audit firm generates more than one third of its annual audit revenues from large public-interest entities and belongs to a network whose members have combined annual audit revenues which exceed EUR 1 500 million within the European Union, it shall comply with the following conditions: (a) it shall not directly or indirectly provide to any public interest entity non- audit services; (b) it shall not belong to a network which provides non-audit services within the Union; (c) any entity which provides the services listed in paragraph 3 shall not directly or indirectly hold more than 5 % of the capital or of the voting rights in the audit firm; (d) the entities which provide the services listed in paragraph 3shall not directly or indirectly hold together more than 10 % of the capital or of the voting rights in the audit firm; (e) such audit firm shall not directly or indirectly hold more than 5 % of the capital or of the voting rights in any entity which provides the services listed in paragraph 3.deleted
2012/11/09
Committee: JURI
Amendment 398 #

2011/0359(COD)

Proposal for a regulation
Article 10 – paragraph 5
5. Where an audit firm generates more than one third of its annual audit revenues from large public-interest entities and belongs to a network whose members have combined annual audit revenues which exceed EUR 1 500 million within the European Union, it shall comply with the following conditions: a) it shall not directly or indirectly provide to any public interest entity non-audit services; b) it shall not belong to a network which provides non-audit services within the Union; c) any entity which provides the services listed in paragraph 3 shall not directly or indirectly hold more than 5 % of the capital or of the voting rights in the audit firm; d) the entities which provide the services listed in paragraph 3shall not directly or indirectly hold together more than 10 % of the capital or of the voting rights in the audit firm; e) such audit firm shall not directly or indirectly hold more than 5 % of the capital or of the voting rights in any entity which provides the services listed in paragraph 3.deleted
2012/11/09
Committee: JURI
Amendment 417 #

2011/0359(COD)

Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1
The public-interest entity shall appoint a statutory auditor or audit firm for an initial engagement that shall not be shorter than twohree years.
2012/10/29
Committee: ECON
Amendment 456 #

2011/0359(COD)

Proposal for a regulation
Article 22 – paragraph 4
4. The audit report shall not be longer than four pages or 10000 characters (without spaces). It shall not contain any cross-references to the additional report to the audit committee referred to in Article 23.deleted
2012/11/09
Committee: JURI
Amendment 467 #

2011/0359(COD)

Proposal for a regulation
Article 33 – paragraph 5 – subparagraph 1
Where a statutory auditor or audit firm is replaced by another statutory auditor or audit firm, the former statutory auditor or audit firm shall provide the incoming statutory auditor or audit firm with a handover file. Such file shall include relevant information concerning the audited entity as may reasonably be necessary to understand the nature of the business and the internal organisation of the audited entity and to ensure the continuity of the statutory audit and the comparability with the audits carried out in previous yearscomply with the requirements contained in Article 23(3) of Directive 2006/43/EC.
2012/10/29
Committee: ECON
Amendment 476 #

2011/0359(COD)

Proposal for a regulation
Article 23 – paragraph 2 – point e
(e) describe the distribution of tasks among the statutory auditor(s)s and/or the audit firm(s) and include a description of the scope and timing of the audit and significant findings from the statutory audit conducted. This should include any significant deficiencies in the internal control system of the audited entity; how they addressed significant difficulties encountered during the audit and other matters arising from the statutory audit that in the statutory auditor's or audit firm's professional judgment are significant to the financial reporting process;
2012/11/09
Committee: JURI
Amendment 520 #

2011/0359(COD)

Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 3 a (new)
Members of the audit committee shall take part in skill enhancement programmes in order to ensure an adequate technical knowledge level to fulfil their tasks.
2012/11/09
Committee: JURI
Amendment 536 #

2011/0359(COD)

Proposal for a regulation
Article 32 – paragraph 3 – subparagraph 1 – introductory part
Unless it concerns the renewal of an audit engagement in accordance with the second subparagraph of Article 33(1), tThe recommendation of the audit committee referred to in paragraph 2 of this Article, shall be prepared following a selectiontender procedure organizsed by the audited entity respecting the following criteria:
2012/11/09
Committee: JURI
Amendment 539 #

2011/0359(COD)

Proposal for a regulation
Article 32 – paragraph 3 – subparagraph 1 – point a
(a) the audited entity shall be free to invite any statutory auditors or audit firms is free to submit proposals for the provision of the statutory audit service on the condition that Article 33(2) is respected and that at least one of the invited auditors or firms is not one who received more than 15% of the total audit fees from large public-interest entities in the Member State concerned in the previous calendar year;
2012/11/09
Committee: JURI
Amendment 543 #

2011/0359(COD)

Proposal for a regulation
Article 32 – paragraph 3 – subparagraph 1 – point c
(c) the audited entity committee shall prepare tender documents to the intention of the invited statutory auditor(s) or audit firm(s). Those tender documents shall allow the audit firm to understand the business of the audited entity and the type of statutory audit that is to be carried out. The tender documents shall contain transparent and non- discriminatory selection criteria that shall be used by the audited entity committee to evaluate the proposals made by statutory auditors or audit firms;
2012/11/09
Committee: JURI
Amendment 544 #

2011/0359(COD)

Proposal for a regulation
Article 32 – paragraph 3 – subparagraph 1 – point d
(d) the audited entity committee shall be free to define the selection procedure and may conduct direct negotiations with interested tenderers in the course of the procedure;
2012/11/09
Committee: JURI
Amendment 545 #

2011/0359(COD)

Proposal for a regulation
Article 32 – paragraph 3 – subparagraph 1 – point f
(f) the audit committeed entity shall evaluateperform a comprehensive assessment of the proposals made by the statutory auditors or audit firms in accordance with the selection criteria predefined in the tender documents. The audited entity shall prepare a report on the conclusions of the selection procedure, which shall be validated by the audit committee. The audited entity and the audit committee shall take into consideration any inspection report on the applicant statutory auditor or audit firm referred to in Article 40(6) and published by the competent authority pursuant to Article 44(d);
2012/11/09
Committee: JURI
Amendment 546 #

2011/0359(COD)

Proposal for a regulation
Article 32 – paragraph 3 – subparagraph 1 – point g
(g) the audited entity committee shall be able to demonstrate to the competent authority referred to in Article 35 that the selection procedure was conducted in a fair manner.
2012/11/09
Committee: JURI
Amendment 547 #

2011/0359(COD)

Proposal for a regulation
Article 32 – paragraph 3 – subparagraph 2
The audit committee shall be responsible for the selection procedure referred to in the first subparagraph.deleted
2012/11/09
Committee: JURI
Amendment 572 #

2011/0359(COD)

Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 2
The public-interest entity may renew thise audit engagement only once, provided this is based on a proposal of the audit committee after a re-tendering process has taken place. Shareholders at the annual general meeting shall formally approve the statutory auditor(s) engagement.
2012/11/09
Committee: JURI
Amendment 585 #

2011/0359(COD)

Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 3
The maximum duration of the combined two engagements shall not exceed 614 years. At least one re-rendering process shall take place during this 14 year period.
2012/11/09
Committee: JURI
Amendment 592 #

2011/0359(COD)

Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 4
Where throughout a continuous engagement of 6 years two statutory auditors or audit firms have been appointed, the maximum duration of the engagement of each statutory auditor or audit firm shall not exceed 9 years.deleted
2012/11/09
Committee: JURI
Amendment 614 #

2011/0359(COD)

Proposal for a regulation
Article 33 – paragraph 3
3. By way of derogation from paragraphs 1 and 2, on an exceptional basis the public-interest entity may request the competent authority referred to in Article 35(1) to grant an extension to re-appoint the statutory auditor or audit firm for an additional engagement. In case of appointment of two statutory auditors or audit firms, this third engagement shall not exceed three years. In case of appointment of one statutory auditor or audit firm, this third engagement shall not exceed two years.deleted
2012/11/09
Committee: JURI
Amendment 27 #

2011/0301(COD)

Proposal for a regulation
Recital 14
(14) Therefore, a pilot phase for the Europe 2020 Project Bond Initiative should be launched during the current financial framework in order to develop debt capital market financing in the area of infrastructure more generally and to extend the range of financial instruments currently available for transport projects. The pilot phase should be followed by an evaluation carried out by the Commission in cooperation with the EIB. The Commission, after consultation of stakeholders involved in pilot phase projects, should report to the European Parliament and the Council by the end of 2013.
2012/03/05
Committee: ITRE
Amendment 30 #

2011/0301(COD)

Proposal for a regulation
Recital 15
(15) In order to implement the pilot phase of the Europe 2020 Project Bond Initiative, Decision No 1639/2006/EC and Regulation (EC) No 680/2007 should be amended. This pilot phase aims to support infrastructure projects of common European interest with commercial potential in the transport, energy and ICT sectors, while after 2013, subject to positive evaluation, the initiative may be extended to other sectors.
2012/03/05
Committee: ITRE
Amendment 33 #

2011/0301(COD)

Proposal for a regulation
Recital 16
(16) In light of the EIB's long-standing expertise and as the major financier of infrastructure projects and given its nature as the EU financial body established by the Treaty, the Commission should involve the EIB in the implementation of this pilot phase. The specific terms and conditions of the co-operation including risk-sharing and remuneration of the EIB, should be laid down in an agreement between the Commission and the EIB, which shall be submitted to the European Parliament and the Council.
2012/03/05
Committee: ITRE
Amendment 42 #

2011/0301(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point (b)
Decision No 1639/2006/EC
Article 31 – paragraph 2a
2a. takes the form of a loan or a guarantee granted by the EIB in favour of financing provided to projects of common European interest in the field of ICT and broadband;
2012/03/05
Committee: ITRE
Amendment 43 #

2011/0301(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point (b)
Decision No 1639/2006/EC
Article 31 – paragraph 2c
2c. The detailed terms and conditions for implementing the risk-sharing instrument for project bonds, including its monitoring and control, shall be laid down in a delegation agreement between the Commission and the EIB, which shall be submitted to the European Parliament and the Council.
2012/03/05
Committee: ITRE
Amendment 45 #

2011/0301(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point (b)
Regulation (EC) No 680/2007
Article 6 – paragraph 1 point (g)
(g) a financial contribution to the EIB to the provisioning and capital allocation for loans or guarantees to be issued by the EIB on its own resources under the risk-sharing instrument for project bonds in the field of TEN-T and TEN-E. The Union exposure to the risk sharing instrument, including management fees and other eligible costs, shall be strictly limited to the amount of the Union contribution to the risk-sharing instrument for project bonds and there shall be no further liability on the general budget of the Union. The residual risk inherent in all operations shall be borne by the EIB. The detailed terms and conditions for implementing the risk-sharing instrument for project bonds, including its monitoring and control, shall be laid down in a delegation agreement between the Commission and the EIB, which shall be submitted to the European Parliament and the Council. In 2012 and 2013, an amount of up to EUR 210 million, of which up to EUR 200 million for transport projects and up to EUR 10 million for energy projects, may be redeployed for the risk-sharing instrument for project bonds in accordance with the procedure referred to in Article 15(2) from the TEN-T (LGTT) and TEN-E budget lines, respectively. The risk-sharing instrument for project bonds may reuse any revenues received within the investment period for new loans and guarantees.
2012/03/05
Committee: ITRE
Amendment 46 #

2011/0301(COD)

Proposal for a regulation
Article 2 a (new)
2a. The Commission in coordination with the EIB shall evaluate the pilot phase and, after consultation of stakeholders involved in pilot phase projects, shall report to the European Parliament and the Council no later than 31 December 2013.
2012/03/05
Committee: ITRE
Amendment 23 #

2011/0299(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point f
f) "Broadband networks" means wired and, wireless or satellite-based access networks, ancillary infrastructure and core networks capable of delivering very high speed connectivity, thereby contributing to the broadband targets of the Digital Agenda for Europe.
2013/06/26
Committee: ITRE
Amendment 39 #

2011/0299(COD)

Proposal for a regulation
Article 6 – paragraph 4
4. On the basis of the objectives provided for in Article 3 and in the Annex to this Regulation and in function of the available budget, the work programmes may establish further eligibility and priority criteria in the field of digital service infrastructures. It should be underlined that the Annex also forms part of basis for project selection and can therefore not be ignored.Or. enJustification
2013/06/26
Committee: ITRE
Amendment 53 #

2011/0299(COD)

Proposal for a regulation
Annex – section 1 – point 2 – introductory part
2. Other digital service infrastructureCore service platforms a priori identified as eligible in accordance with Article 6.1:
2013/06/26
Committee: ITRE
Amendment 56 #

2011/0299(COD)

Proposal for a regulation
Annex – section 1 – point 2 – point f a (new)
(fa) Safer internet service infrastructure: This refers to the platform for acquiring, operating and maintaining shared computing facilities, databases and software tools for the Safer Internet Centres (SICs) in the Member States. Operations to handle reporting of sex abuse content, including the provision at national level of hotlines to report abuse, helplines and awareness raising activities, are also included as well as the link with police authorities including international organisations such as Interpol, and when appropriate, the handling of the take down of this content by the relevant web sites. This will be supported by common databases and generic services such as: (a) platforms for training and development of best practices for the SICs in the Member States. (b) National help-lines for children, parents and carers on the best means for kids to use the Internet avoiding threats from harmful and illegal contents and behaviours, and the supporting back- office infrastructure. (c) National hotlines for reporting on child sex-abuse content on the Internet (d) National awareness raising campaigns, (e) Tools to ensure access to age- appropriate content and services, (f) Software that allows easy and fast reporting of illegal content and its takedown, as well as reporting of grooming and bullying. (g) Software systems that allow better identification of (not reported) child sexual abuse content on the internet as well as technologies to support police investigations, especially with a view to identifying child victims, perpetrators and commercial trading of such content.
2013/06/26
Committee: ITRE
Amendment 57 #

2011/0299(COD)

Proposal for a regulation
Annex – section 1 – point 2 – point g
(g) Safer internet service infrastructure: This refers to the platform for acquiring, operating and maintaining shared computing facilities, databases and software tools for the Safer Internet Centres (SICs) in the Member States. Back-office operations to handle reporting of sex abuse content are also included as well as the link with police authorities including international organisations such as Interpol, and when appropriate, the handling of the take down of this content by the relevant web sites. This will be supported by common databases.deleted
2013/06/26
Committee: ITRE
Amendment 58 #

2011/0299(COD)

Proposal for a regulation
Recital 4
(4) The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions -European Broadband: investing in digitally driven growth concludes that the critical role of the internet means that the benefits for society as a whole appear to be much greater than the private incentives to invest in faster networks. PTherefore, public support for this area is therefore necessary, buis necessary, targeting areas where there is a lack of commercial initiatives to satisfy current or anticipated demand. Any public support should not unduly distort competition, nor strengthen the dominant position of some market players, nor dis- incentivise private investment.
2012/07/16
Committee: ITRE
Amendment 67 #

2011/0299(COD)

Where possible, potential synergies shall be exploited between the roll-out of broadband networks and other utilities networks (energy, transport, water, sewerage, etc.), in particular those related to smart electricity distribution.
2013/06/26
Committee: ITRE
Amendment 69 #

2011/0299(COD)

Proposal for a regulation
Recital 9
(9) Within the framework of a system of open and competitive markets, the Union's intervention is necessary where existing and anticipated market failures need to be overcome. By providing financial support and additional financing leverage to infrastructure projects the Union can contribute to the establishment and development of trans-European networks in the area of telecommunications, thus generating higher benefits in terms of market impact, administrative efficiency and resource utilisation.
2012/07/16
Committee: ITRE
Amendment 70 #

2011/0299(COD)

Proposal for a regulation
Annex – section 2 – point 2 – introductory part
All projects financially supported under this Regulasection shall significantly contribute to the achievement of the targets of the Digital Agenda for Europe.
2013/06/26
Committee: ITRE
Amendment 71 #

2011/0299(COD)

Proposal for a regulation
Annex – section 2 – point 2 – point a – introductory part
(a) Actions funded directly by the Union shall have a high potential for replicability, thus allowing achieving broader impact on the market due to their demonstration effect. Furthermore actions shall:
2013/06/26
Committee: ITRE
Amendment 73 #

2011/0299(COD)

Proposal for a regulation
Annex – section 2 – point 2 – point a – subparagraph c
(c) have a high potential for replicability, thus allowing achieving broader impact on the market due to their demonstration effect.deleted
2013/06/26
Committee: ITRE
Amendment 76 #

2011/0299(COD)

Proposal for a regulation
Recital 10
(10) Substantial economic and social benefits, which cannot be captured nor monetised by investors, are associated with higher broadband speeds. Fast and ultra- fast broadband is the key enabling infrastructure for the development and deployment of digital services, which rely on the availability, speed, reliability and resilience of the physical networks. The deployment and take-up of faster networks opens the way for innovative services exploiting higher speeds. Action at Union level is necessary to maximiseshould aim at maximization of the synergies and interactions between those two components of digital telecommunications networks.
2012/07/16
Committee: ITRE
Amendment 78 #

2011/0299(COD)

Proposal for a regulation
Annex – section 2 – point 2 – point b
(b) Actions: funded from additional ring- fenced contributions provided in accordance with Article 15.2 of Regulation (EU) No xxxx/2012 [CEF regulation] shall bring significant new capabilities to the market in terms of broadband service availability, speeds and capacity. Projects which provide speeds of data transmission of less than 30 Mbps shouldshall ensure the increase of speeds to at least 30 Mbpthe Digital Agenda targets over time.
2013/06/26
Committee: ITRE
Amendment 87 #

2011/0299(COD)

Proposal for a regulation
Recital 13
(13) The development of broadband networks and digital service infrastructures will contribute to the Union's objective to reduce greenhouse gas emission by enabling energy-efficient solutions in many sectors of Europe's economy. This positive effect will be limited, but only to some extent, byoutweighs the growing energy and resource demand related mainly to the construction of broadband networks and the operation of digital service infrastructures.
2012/07/16
Committee: ITRE
Amendment 93 #

2011/0299(COD)

Proposal for a regulation
Recital 18
(18) Increasing and preserving access to Europe's rich and diverse cultural content and data held by public sector bodies, and opening them up for reuse in full respect of copyright and related rights, will nurture creativity and spur innovation and entrepreneurship. Unhampered access to re-usable multilingual resources will help overcome language barriers, which undermine the internal market for online services and limit access to knowledge. Improving access to electronic educational resources across Europe, while stimulating cooperation and partnership between educational institutions, students, professors would be a cost-efficient way to improve quality of education and strengthen European cohesiveness.
2012/07/16
Committee: ITRE
Amendment 99 #

2011/0299(COD)

Proposal for a regulation
Recital 19
(19) In the area of safety and security, an EU-wide platform for sharing resources, information systems and software tools promoting online safety will contribute to creating a safer environment for children online. It will enable centres handling hundreds of thousands of requests and alerts per year to operate across Europe. A project for Critical Information Infrastructures will enhance the Union- wide capability for preparedness, information sharing, coordination and response to cyber security threats.
2012/07/16
Committee: ITRE
Amendment 105 #

2011/0299(COD)

Proposal for a regulation
Recital 21
(21) In order to take into account the developments in the areas of information and communication technologies, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the Annex to this Regulation. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The objective of this delegation is to address new technological and market developments, emerging political priorities or opportunities for exploiting synergies between different infrastructures, including those in the fields of Transport and Energy. The scope of delegation is limited to modifying the description of projects of common interest, adding a project of common interest or removing an obsolete project of common interest according to pre-established, clear and transparent criteria, taking into account investment certainty for market actors.
2012/07/16
Committee: ITRE
Amendment 113 #

2011/0299(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3
(3) stimulate Europe-wide deployment of fast and ultra-fast broadband networks which, in turn, shall facilitate the development and deployment of trans- European digital service, respecting the principle of technological neutrality, the development and deployment of trans-European digital services which, in turn, will also create demand for Europe-wide deployment of fast and ultra-fast broadband networks.
2012/07/16
Committee: ITRE
Amendment 139 #

2011/0299(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point a
(a) the deployment of ultra fast broadband networks ensuring the speed of data transmission of 100 Mbps and above, where demand exists and/or future demand is anticipated;
2012/07/16
Committee: ITRE
Amendment 150 #

2011/0299(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point b
(b) the deployment of broadband networks to link island, landlocked and peripheral regions with the central regions of the Union ensuring in those regions that speeds of data transmission are sufficient to permit broadband connectivity of 30 Mbps and above, where demand exists and/or future demand is anticipated;
2012/07/16
Committee: ITRE
Amendment 157 #

2011/0299(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point d
(d) actions allowing to achieve synergies and interoperability between different projects of common interest in the field of Telecommunications, between projects of common interest concerning different types of infrastructures, including Transport and Energy, between project of common interest in the field of Telecommunications and projects supported by the Structural and Cohesion funds, as well as relevant research infrastructures, avoiding unnecessary duplication of administrative burdens.
2012/07/16
Committee: ITRE
Amendment 199 #

2011/0299(COD)

Proposal for a regulation
Annex 1 – paragraph 1
The projects of common interest shall aim for the removal of bottlenecks which hinder the completion of the Single Market i.e. providing connectivity to the network and access, including across borders, to digital service infrastructures, therefore stimulating demand.
2012/07/16
Committee: ITRE
Amendment 202 #

2011/0299(COD)

Proposal for a regulation
Annex 1 – paragraph 2
The deployment and enhancement of trans- European telecommunication networks (broadband networks and digital service infrastructures) shall contribute to fostering economic growth, creating jobs and achieving a vibrant digital single market. In particular, their deployment will grant faster access to the internet, bring about information technology-enabled improvements in daily life for citizens, including children and young persons, businesses, universities and governments, increase interoperability and facilitate the alignment or convergence to commonly agreed standards.
2012/07/16
Committee: ITRE
Amendment 206 #

2011/0299(COD)

Proposal for a regulation
Annex 1 – section 1 – paragraph 1 – point b
(b) Support actions and other technical support measures. These actions are needed to prepare or support the implementation of projects of common interest or accelerate their take-up. They may include technical and financial engineering assistance that facilitates the preparation of projects of common interest in view of obtaining financial support on the market or under the Regulation (EU) No xxxx/2012 of the European Parliament and of the Council establishing the Connecting Europe Facility. In the field of digital services, support actions shall also stimulate and promote the take- up of new digital service infrastructures that may become necessary or useful based on technological developments, changes in the relevant markets or emerging political priorities.
2012/07/16
Committee: ITRE
Amendment 207 #

2011/0299(COD)

Proposal for a regulation
Annex 1 – section 2 – paragraph 2
Investment in broadband infrastructure has been undertaken predominantly by private investors and it is expected that this will remain the case. However, the achievement of the Digital Agenda targets will require investment in areas for which The Union financial support should target areas where commercial initiatives would othere wise not a clear business case or where a business case may need to be enhanced within the time frame of thesatisfy current or anticipated demand, in order to help achieve the Digital Agenda targets. The following types of areas can be characterized on the basis of the likely investment:
2012/07/16
Committee: ITRE
Amendment 248 #

2011/0299(COD)

Proposal for a regulation
Annex 1 – section 2 – paragraph 10 – point c a (new)
(c a) Assistance in preparation of projects of common interests in view of obtaining financing under the Regulation (EU) No xxxx/2012 of the European Parliament and of the Council establishing the Connecting Europe Facility or on the financial markets;
2012/07/16
Committee: ITRE
Amendment 257 #

2011/0299(COD)

Proposal for a regulation
Annex 1 – section 2 – paragraph 13 – point c
(c) Regional and local decision makers, including municipalities, who may establish concessions for broadband infrastructures. Equipment providers may be interested in such an arrangement, via the creation of a special purpose company.
2012/07/16
Committee: ITRE
Amendment 259 #

2011/0299(COD)

Proposal for a regulation
Annex 1 – section 2 – paragraph 13 – point d
(d) Partnerships between several operators active in wired and wireless markets to build new generation of infrastructures, as well as between operators and companies established in rural, island, landlocked or peripheral regions.
2012/07/16
Committee: ITRE
Amendment 262 #

2011/0299(COD)

Proposal for a regulation
Annex 1 – section 2 – paragraph 14
In building the portfolio due account shall be taken of Member States' investment needs in terms of the number of households to be connected with the support ofthe anticipated demand for broadband access and benefits to the local economy facilitated through the Connecting Europe Facility.
2012/07/16
Committee: ITRE
Amendment 264 #

2011/0299(COD)

Proposal for a regulation
Annex 1 – section 2 – paragraph 15
In addition,Particular attention will be given to high speed connections to public internet access points, notably in public facilities, such as schools, hospitals, local government offices and libraries, shall also be supported.
2012/07/16
Committee: ITRE
Amendment 269 #

2011/0299(COD)

Proposal for a regulation
Annex 1 – section 3 – paragraph 6 a (new)
European Platform for Access to Educational Resources The objective is to exploit the benefits of ICT in the field of education through Europe-wide access to educational material. Cost-effective access to and improved quality of educational material through peer-review would strengthen European cohesiveness by enabling contacts, cooperation and debates among pupils and in the academic world. It would serve as a backbone for cooperation between educational institutions facilitating the implementation of other EU programs such as "Erasmus for All" Core service platform. The core service would be an electronic multilingual platform where educational institutions and individuals would be able to share educational material under an open license. The platform would host textbooks, articles, videos and will enable users input, cooperation and discussions. It would facilitate distance education and collaboration between educational actors, including through e-learning applications. It would also serve as a platform for searching and accessing public library resources. The platform requires the development, operation and administration of distributed computing, data storage facilities and software. Generic services (a) Content repository for educational institutions and user generated content (b) Facilities allowing interactivity, collaborative editing of texts, communication (including video- conferencing) between authenticated users (c) Interoperability of libraries' search tools.
2012/07/16
Committee: ITRE
Amendment 273 #

2011/0299(COD)

Proposal for a regulation
Annex 1 – section 3 – paragraph 9 – point e a (new)
(e a) Deployment of infrastructures in public transports allowing the use of secure and interoperable mobile proximity services: the deployment of infrastructures in public transports allowing the use of secure and interoperable mobile proximity services will enable citizens, businesses and organisations to access a variety of innovative services in mobility across the Union. Those infrastructures including validation systems will open up opportunities for actors in telecommunications, retail, transports and public sectors to develop pan-European services such as ticketing or payment facilitating EU citizens and businesses' mobility. They will enhance synergies between different infrastructures especially in the field of public transport and telecommunications.
2012/07/16
Committee: ITRE
Amendment 343 #

2011/0284(COD)

Proposal for a regulation
Recital 8
(8) To overcome these contract-law-related barriers, parties to distance contracts should have the possibility to agree that their contracts should be governed by a single uniform set of contract law rules with the same meaning and interpretation in all Member States, a Common Sales Law. The Common European Sales Law should represent an additional option increasing the choice available to parties in distance contracts and open to use whenever jointly considered to be helpful in order to facilitate cross-border trade and reduce transaction and opportunity costs as well as other contract-law-related obstacles to cross-border trade. It should become the basis of a contractual relationship only where parties jointly decide to use it.
2013/04/25
Committee: IMCO
Amendment 346 #

2011/0284(COD)

Proposal for a regulation
Recital 9
(9) This Regulation establishes a Common European Sales Law for distance contracts and thus for online contracts in particular. It harmonises the contract laws of the Member States not by requiring amendments to the pre-existing national contract law, but by creating within each Member State's national law a second contract law regime for contracts within its scope. This second regime should be identical throughout the Union and exist alongside the pre-existing rules of national contract law. The Common European Sales Law should apply on a voluntary basis, upon an express agreement of the parties, to a cross-border contract.
2013/04/25
Committee: IMCO
Amendment 349 #

2011/0284(COD)

Proposal for a regulation
Recital 13
(13) The Common European Sales Law should be available for cross-border contracts, because it is in that context that the disparities between national laws lead to complexity and additional costs and dissuade parties from entering into contractual relationships. This is true in particular in the area of distance selling, which has especially great potential. The cross-border nature of a contract should be assessed on the basis of the habitual residence of the parties in business-to- business contracts. In a business-to- consumer contract the cross- border requirement should be met where either the general address indicated by the consumer, the delivery address for the goods or the billing address indicated by the consumer are located in a Member State, but outside the State where the trader has its habitual residence.
2013/04/25
Committee: IMCO
Amendment 350 #

2011/0284(COD)

Proposal for a regulation
Recital 16
(16) TIn the field of distance selling the Common European Sales Law should be available in particular for the sale of movable goods, including the manufacture or production of such goods, as this is the economically single most important contract type which could present a particular potential for growth in cross- border trade, especially in e- commerce.
2013/04/25
Committee: IMCO
Amendment 354 #

2011/0284(COD)

Proposal for a regulation
Recital 23
(23) In addition to being a conscious choice, the consent of a consumer to the use of the Common European Sales Law should be an informed choice. The trader should therefore not only draw the consumer's attention to the intended use of the Common European Sales Law but should also provide information on its nature and its salient features. In order to facilitate this task for traders, thereby avoiding unnecessary administrative burdens, and to ensure consistency in the level and the quality of the information communicated to consumers, traders should supply consumers with the standard information notice provided for in this Regulation and thus readily available in all official languages in the Union. Where it is not possible to supply the consumer with the information notice, for example in the context of a telephone call, or where the trader has failed to provide the information notice, the agreement to use the Common European Sales Law should not be binding on the consumer until the consumer has received the information notice together with the confirmation of the agreement and has subsequently expressed consentDoes not apply to English text. Linguistic correction to German original. See Ams. 333 and 335 in AM/928470.
2013/04/25
Committee: IMCO
Amendment 355 #

2011/0284(COD)

Proposal for a regulation
Recital 26
(26) The rules of the Common European Sales Law should cover the matters of contract law in the field of distance selling that are of practical relevance during the life cycle of the types of contracts falling within the material and personal scope, particularly those entered into online. Apart from the rights and obligations of the parties and the remedies for non- performance, the Common European Sales Law should therefore govern pre- contractual information duties, the conclusion of a contract including formal requirements, the right of withdrawal and its consequences, avoidance of the contract resulting from a mistake, fraud, threats or unfair exploitation and the consequences of such avoidance, interpretation, the contents and effects of a contract, the assessment and consequences of unfairness of contract terms, restitution after avoidance and termination and the prescription and preclusion of rights. It should settle the sanctions available in case of the breach of all the obligations and duties arising under its application.
2013/04/25
Committee: IMCO
Amendment 356 #

2011/0284(COD)

Proposal for a regulation
Recital 35
(35) It is also appropriate to review the functioning of the Common European Sales Law or any other provision of this Regulation after five years of operation. The review should take into account, amongst other things, the need to extend further the scope of the regulation beyond the sphere of distance selling and in relation to business-to- business contracts, market and technological developments in respect of digital content and future developments of the Union acquis.
2013/04/25
Committee: IMCO
Amendment 360 #

2011/0284(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. The purpose of this Regulation is to improve the conditions for the establishment and the functioning of the internal market by making available a uniform set of contract law rules as set out in Annex I ('the Common European Sales Law'). These rules can be used for cross- border transactions in the area of distance selling, particularly online, for the sale of goods, for the supply of digital content and for related services where the parties to a contract agree to do so.
2013/04/25
Committee: IMCO
Amendment 364 #

2011/0284(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point p
(p) ‘distance contract’ means any contract between the trader and the consumer or another trader under an organised distance sales scheme concluded without the simultaneous physical presence of the trader or, in caswhere the trader is a legal person, a natural person representing the trader, and the consumer or the other trader or, where the trader is a legal person, the natural person representing the trader, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
2013/04/25
Committee: IMCO
Amendment 365 #

2011/0284(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point q
(q) ‘off-premises contract’ means any contract between a trader and a consumer: (i) concluded in the simultaneous physical presence of the trader or, where the trader is a legal person, the natural person representing the trader and the consumer in a place which is not the trader's business premises, or concluded on the basis of an offer made by the consumer in the same circumstances; or (ii) concluded on the trader's business premises or through any means of distance communication immediately after the consumer was personally and individually addressed in a place which is not the trader's business premises in the simultaneous physical presence of the trader or, where the trader is a legal person, a natural person representing the trader and the consumer; or (iii) concluded during an excursion organised by the trader or, where the trader is a legal person, the natural person representing the trader with the aim or effect of promoting and selling goods or supplying digital content or related services to the consumer;deleted
2013/04/25
Committee: IMCO
Amendment 369 #

2011/0284(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point r
(r) ‘business premises’ means: (i) any immovable retail premises where a trader carries out activity on a permanent basis, or (ii) any movable retail premises where a trader carries out activity on a usual basis;deleted
2013/04/25
Committee: IMCO
Amendment 370 #

2011/0284(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point u
(u) 'public auction' means a method of sale where goods or, digital content or services are offered by the trader to the consumer who attends or is given the possibility to attend the auction in person, through a transparent, competitive bidding procedure run by an auctioneer and where the successful bidder is bound to purchase the goods or, digital content or services;
2013/04/25
Committee: IMCO
Amendment 371 #

2011/0284(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point y a (new)
(ya) ‘excused’, when applied to an action or omission, means objectively not attributable to the person acting or omitting to act.
2013/04/25
Committee: IMCO
Amendment 377 #

2011/0284(COD)

Proposal for a regulation
Article 5 – paragraph 1 – introductory part
The Common European Sales Law may be used for: the following distance contracts, including online contracts:
2013/04/25
Committee: IMCO
Amendment 381 #

2011/0284(COD)

Proposal for a regulation
Article 9 – title
Standard Information Notice in contracts between a trader and a consumerDoes not apply to English text. See Amendment 354 above.
2013/04/25
Committee: IMCO
Amendment 383 #

2011/0284(COD)

Proposal for a regulation
Article 9 – paragraph 2 a (new)
2a. This article shall not apply where a contract relates to the supply of foodstuffs, beverages or other goods which are intended for current consumption in the household, and which are physically supplied by a trader on frequent and regular rounds to the consumer's home, residence or workplace.
2013/04/25
Committee: IMCO
Amendment 387 #

2011/0284(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. By … [5 years after the date of application of this Regulation], the Commission shall present to the European Parliament, the Council and the Economic and Social Committee a detailed report reviewing the operation of this Regulation, and taking account of, amongst others, the need to extend the scope beyond the area of distance selling, in relation to business- to-business contracts, market and technological developments and in respect of digital content and future developments of the Union acquis.
2013/04/25
Committee: IMCO
Amendment 391 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 13 – title
Duty to provide information when concluding a distance or off-premises contract
2013/04/25
Committee: IMCO
Amendment 392 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 13 – paragraph 1
1. A trader concluding a distance contract or off-premises contract has a duty to provide the following information to the consumer, in a clear and comprehensible manner before the contract is concluded or the consumer is bound by any offer:
2013/04/25
Committee: IMCO
Amendment 394 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 13 – paragraph 3
3. For a distance contract, tThe information required by this Article must:
2013/04/25
Committee: IMCO
Amendment 395 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 13 – paragraph 4
4. For an off-premises contract, the information required by this Article must: (a) be given on paper or, if the consumer agrees, on another durable medium; and (b) be legible and in plain, intelligible language.deleted
2013/04/25
Committee: IMCO
Amendment 396 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 13 – paragraph 5 – point b
(b) concluded by means of an automatic vending machine or automated commercial premises;deleted
2013/04/25
Committee: IMCO
Amendment 397 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 13 – paragraph 5 – point c
(c) an off-premises contract if the price or, where multiple contracts were concluded at the same time, the total price of the contracts does not exceed EUR 50 or the equivalent sum in the currency agreed for the contract price.deleted
2013/04/25
Committee: IMCO
Amendment 398 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 13 – paragraph 5 – point c a (new)
(ca) a contract which, in accordance with the laws of Member States, is established by a public office-holder who has a statutory obligation to be independent and impartial and who must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful legal consideration and with knowledge of its legal scope. The same shall apply to the conclusion of a contract before a court.
2013/04/25
Committee: IMCO
Amendment 400 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 17 – title
Information about rights of withdrawal when concluding a distance or off- premises contract
2013/04/25
Committee: IMCO
Amendment 401 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 17 – paragraph 2
2. Where applicable, the information to be provided under point (e) of Article 13(1) must include the fact that the consumer will have to bear the cost of returning the goods in case of withdrawal and, for distance contracts, that the consumer will have to bear the cost of returning the goods in the event of withdrawalonly if the goods by their nature cannot be normally returned by post.
2013/04/25
Committee: IMCO
Amendment 402 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 18
Off-premises contracts: additional information requirements and confirmation 1. The trader must provide the consumer with a copy of the signed contract or the confirmation of the contract, including where applicable, the confirmation of the consumer's consent and acknowledgment as provided for in point (d) of Article 40(3) on paper or, if the consumer agrees, on a different durable medium. 2. Where the consumer wants the provision of related services to begin during the withdrawal period provided for in Article 42(2), the trader must require that the consumer makes an express request to that effect on a durable medium.deleted
2013/04/25
Committee: IMCO
Amendment 403 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 19 – title
Distance contracts: aAdditional information and other requirements
2013/04/25
Committee: IMCO
Amendment 404 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 19 – paragraph 1
1. When a trader makes a telephone call to a consumer, with a view to concluding a distance contract, the trader must, at the beginning of the conversation with the consumer, disclose its identity and, where applicable, the identity of the person on whose behalf it is making the call and the commercial purpose of the call.
2013/04/25
Committee: IMCO
Amendment 405 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 19 – paragraph 2
2. If the distance contract is concluded through a means of distance communication which allows limited space or time to display the information, the trader must provide at least the information referred to in paragraph 3 of this Article on that particular means prior to the conclusion of such a contract. The other information referred to in Article 13 shall be provided by the trader to the consumer in an appropriate way in accordance with Article 13(3).
2013/04/25
Committee: IMCO
Amendment 406 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 19 – paragraph 4
4. A distance contract concluded by telephone is valid only if the consumer has signed the offer or has sent his written consent indicating the agreement to conclude a contract. The trader must provide the consumer with a confirmation of that agreement on a durable medium.
2013/04/25
Committee: IMCO
Amendment 407 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 19 – paragraph 5
5. The trader must give the consumer a confirmation of the contract concluded, including where applicable, of the consent and acknowledgement of the consumer referred to in point (d) of Article 40(3), and all the information referred to in Article 13 on a durable medium. The trader must give that information in reasonable time after the conclusion of the distance contract, and at the latest at the time of the delivery of the goods or before the supply of digital content or the provision of the related service begins, unless the information has already been given to the consumer prior to the conclusion of the distance contract on a durable medium.
2013/04/25
Committee: IMCO
Amendment 408 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 20
Duty to provide information when concluding contracts other than distance and off-premises contracts 1. In contracts other than distance and off-premises contracts, a trader has a duty to provide the following information to the consumer, in a clear and comprehensible manner before the contract is concluded or the consumer is bound by any offer, if that information is not already apparent from the context: (a) the main characteristics of the goods, digital content or related services to be supplied, to an extent appropriate to the medium of communication and to the goods, digital content or related services; (b) the total price and additional charges and costs, in accordance with Article 14(1); (c) the identity of the trader, such as the trader's trading name, the geographical address at which it is established and its telephone number; (d) the contract terms in accordance with points (a) and (b) of Article 16; (e) where applicable, the existence and the conditions of the trader's after-sale services, commercial guarantees and complaints handling policy; (f) where applicable, the functionality, including applicable technical protection measures of digital content; and (g) where applicable, any relevant interoperability of digital content with hardware and software which the trader is aware of or can be expected to have been aware of. 2. This Article does not apply where the contract involves a day-to-day transaction and is performed immediately at the time of its conclusion.deleted
2013/04/25
Committee: IMCO
Amendment 409 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 24 – title
Additional duties to provide information in distance contracts concluded by electronic means
2013/04/25
Committee: IMCO
Amendment 410 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 25 – title
Additional requirements in distance contracts concluded by electronic means
2013/04/25
Committee: IMCO
Amendment 411 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 25 – paragraph 1
1. Where a distance contract which is concluded by electronic means would oblige the consumer to make a payment, the trader must make the consumer aware in a clear and prominent manner, and immediately before the consumer places the order, of the information required by point (a) of Article 13 (1), Article 14(1) and (2), and point (b) of Article 16.
2013/04/25
Committee: IMCO
Amendment 412 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 25 – paragraph 2
2. The trader must ensure that the consumer, when placing the order, explicitly acknowledges that the order implies an obligation to pay, unless this is directly apparent. Where placing an order entails activating a button or a similar function, the button or similar function must be labelled in an easily legible manner only with the words "order with obligation to pay" or similarwith an unambiguous wording indicating that placing the order entails an obligation to make a payment to the trader. Where the trader has not complied with this paragraph, the consumer is not bound by the contract or order.
2013/04/25
Committee: IMCO
Amendment 415 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Chapter 4
Right to withdraw in distance and off- premises contracts between traders and consumers
2013/04/25
Committee: IMCO
Amendment 416 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 40 – paragraph 1
1. During the period provided for in Article 42, the consumer has a right to withdraw from the contract without giving any reason, and at no cost to the consumer except as provided in Article 45, from:.
2013/04/25
Committee: IMCO
Amendment 417 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 40 – paragraph 1 – point a
(a) a distance contract;deleted
2013/04/25
Committee: IMCO
Amendment 418 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 40 – paragraph 1 – point b
(b) an off-premises contract, provided that the price or, where multiple contracts were concluded at the same time, the total price of the contracts exceeds EUR 50 or the equivalent sum in the currency agreed for the contract price at the time of the conclusion of the contract.deleted
2013/04/25
Committee: IMCO
Amendment 419 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 40 – paragraph 2 – point a
(a) a contract concluded by means of an automatic vending machine or automated commercial premises;deleted
2013/04/25
Committee: IMCO
Amendment 421 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 40 – paragraph 3 – point a
(a) where the goods supplied were sealed, have been unsealed by the consumer and are not then suitable for returnsale due to health protection or hygiene reasons;
2013/04/25
Committee: IMCO
Amendment 422 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 40 – paragraph 3 – point e
(e) the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance. Where on the occasion of such a visit the trader provides related services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in performing the maintenance or in making the repairs, the right of withdrawal applies to those additional related services or goods.deleted
2013/04/25
Committee: IMCO
Amendment 423 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 41 – paragraph 2
2. The consumer exercises the right to withdraw by notice in writing to the trader. For this purpose, the consumer may use either the Mmodel withdrawal form set out in Appendix 2 or any other unequivocal statement setting out the decision to withdraw.
2013/04/25
Committee: IMCO
Amendment 424 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 44 – paragraph 1
1. The trader must reimburse all payments received from the consumer, including, where applicable, the costs of delivery without undue delay and in any event not later than fourteen days from the day on which the trader is informed ofreceives the consumer's decision to withdraw from the contractnotice of withdrawal in accordance with Article 41. The trader must carry out such reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise and provided that the consumer does not incur any fees as a result of such reimbursement.
2013/04/25
Committee: IMCO
Amendment 425 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 44 – paragraph 4
4. In the case of an off-premises contract where the goods have been delivered to the consumer’s home at the time of the conclusion of the contract, the trader must collect the goods at its own cost if the goods by their nature cannot be normally returned by post.deleted
2013/04/25
Committee: IMCO
Amendment 426 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 45 – paragraph 3
3. The consumer is liable for any diminished value of the goods only where that results from handling of the goods in any way other than what is necessary to establish the nature, characteristics and functioning of the goods. The consumer is not liable for diminished value where the trader has not provided all the information about the right to withdrawinformed him, in accordance with Article 17 (1), of possible liability for diminished value.
2013/04/25
Committee: IMCO
Amendment 427 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 45 – paragraph 6 – point a – point ii
(ii) the consumer has not expressly requested performance to begin during the withdrawal period in accordance with Article 18(2) and Article 19(6);
2013/04/25
Committee: IMCO
Amendment 428 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 45 – paragraph 6 – point b – point iii
(iii) the trader has failed to provide the confirmation in accordance with Article 18(1) and Article 19(5).
2013/04/25
Committee: IMCO
Amendment 429 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 46 – paragraph 1
1. Where a consumer exercises the right of withdrawal from a distance or an off- premises contract in accordance with Articles 41 to 45, any ancillary contracts are automatically terminated at no cost to the consumer except as provided in paragraphs 2 and 3. For the purpose of this Article an ancillary contract means a contract by which a consumer acquires goods, digital content or related services in connexion to a distance contract or an off-premises contract and these goods, digital content or related services are provided by the trader or a third party on the basis of an arrangement between that third party and the trader.
2013/04/25
Committee: IMCO
Amendment 432 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 64 – paragraph 1
1. Where there is doubt about the meaning of a contract term in a contract between a trader and a consumer, the interpretation most favourable to the consumer shall prevail unless the term was individually negotiated or supplied by the consumer.
2013/04/25
Committee: IMCO
Amendment 433 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 69
Contract terms derived from certain pre- contractual statements 1. Where the trader makes a statement before the contract is concluded, either to the other party or publicly, about the characteristics of what is to be supplied by that trader under the contract, the statement is incorporated as a term of the contract unless: (a) the other party was aware, or could be expected to have been aware when the contract was concluded that the statement was incorrect or could not otherwise be relied on as such a term; or (b) the other party’s decision to conclude the contract could not have been influenced by the statement. 2. For the purposes of paragraph 1, a statement made by a person engaged in advertising or marketing for the trader is regarded as being made by the trader. 3. Where the other party is a consumer then, for the purposes of paragraph 1, a public statement made by or on behalf of a producer or other person in earlier links of the chain of transactions leading to the contract is regarded as being made by the trader unless the trader, at the time of conclusion of the contract, did not know and could not be expected to have known of it. 4. In relations between a trader and a consumer the parties may not, to the detriment of the consumer, exclude the application of this Article or derogate from or vary its effects.deleted
2013/04/25
Committee: IMCO
Amendment 439 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 71 – paragraph 1
1. In a contract between a trader and a consumer, a contract term which obliges the consumer to make any payment in addition to the remuneration stated for the trader’s main contractual obligation, in particular where it has been incorporated by the use of default options which the consumer is required to reject in order to avoid the additional payment, is not binding on the consumer unless, before the consumer is bound by the contract, the consumer has expressly consented to the additional payment. If the consumer has made the additional payment, the consumer may recover its binding on the consumer only if, before the consumer is bound by the contract, the consumer has expressly and separately consented to that payment. The seller must take back the item delivered pursuant to the contract term at the seller's expense. The right to receive payment for any use made is excluded.
2013/04/25
Committee: IMCO
Amendment 440 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 72 – paragraph 3
3. In a contract between a trader and a consumer, the consumer is not bound by a merger clause.deleted
2013/04/25
Committee: IMCO
Amendment 441 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 77 – paragraph 1
1. Where, in a case involving continuous or repeated performance of a contractual obligation, the contract terms do not stipulate when the contractual relationship is to end or provide for it to be terminated upon giving notice to that effect, it may be terminated at any time by either party by giving a reasonable period of notice not exceeding twohree months.
2013/04/25
Committee: IMCO
Amendment 450 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 93 – point a
(a) in the case of a consumer sales contract or a contract between a trader and a consumer for the supply of digital content which is a distance or off- premises, or in the case of a contract, or in which the seller has undertaken to arrange carriage to the buyer, the consumer’s place of residence at the time of the conclusion of the contract;
2013/04/25
Committee: IMCO
Amendment 451 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 94 – point a
(a) in the case of a consumer sales contract or a contract between a trader and a consumer for the supply of digital content which is a distance or off- premises, or in the case of a contract or in which the seller has undertaken to arrange carriage to the buyer, by transferring the physical possession or control of the goods or the digital content to the consumer;
2013/04/25
Committee: IMCO
Amendment 453 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 100 – point a
(a) be fit for any particular purpose made known to the sellbuyer at the time of the conclusion of the contract, except where the circumstances show that the buyer did not rely, or that it was unreasonable for the buyer to rely, on the seller’s skill and judgement;
2013/04/25
Committee: IMCO
Amendment 455 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 100 – point b
(b) be fit for the purposes for which goods or digital content of the same description would ordinarily be used unless no particular purpose was made known to the buyer at the time of the conclusion of the contract or unless the circumstances show that the buyer did not rely, or that it was unreasonable for the buyer to rely, on the seller’s skill and judgement;
2013/04/25
Committee: IMCO
Amendment 456 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 100 – point g
(g) possess such qualities and performance capabilities as the buyer may expectreasonably expect, drawing in particular on statements made to the buyer or publicly before the contract was concluded. When determining what the consumer may expect of the digital content regard is to be had to whether or not the digital content was supplied in exchange for the payment of a price.
2013/04/25
Committee: IMCO
Amendment 457 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 104 – title
Buyer’s knowledge of lack of conformity in a contract between traders
2013/04/25
Committee: IMCO
Amendment 458 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 104
In a contract between traders, tThe seller is not liable for any lack of conformity of the goods if, at the time of the conclusion of the contract, the buyer knew or could not have been unaware of the lack of conformity.
2013/04/25
Committee: IMCO
Amendment 468 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 107
Where digital content is not supplied in exchange for the payment of a price, the buyer may not resort to the remedies referred to in points (a) to (de) of Article 106(1). The buyer may only claim damages under point (e) of Article 106 (1) for loss or damage caused to the buyer's property, including hardware, software and data, by the lack of conformity of the supplied digital content, except for any gain of which the buyer has been deprived by that damage.
2013/04/25
Committee: IMCO
Amendment 472 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 110 – paragraph 3 – point a
(a) performance would be impossible or has become unlawful; or
2013/04/25
Committee: IMCO
Amendment 473 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 111 – paragraph 1
1. Where, in a consumer sales contract, the trader is required to remedy a lack of conformity pursuant to Article 110(2) the consumer may choose between repair and replacement unless the option chosen would be unlawful or impossible or, compared to the other option available, would impose costs on the seller that would be disproportionate taking into account:, which must be carried out within a reasonable period not exceeding 30 days. During this period the consumer may not resort to other remedies, but may withhold his own performance.
2013/04/25
Committee: IMCO
Amendment 475 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 111 – paragraph 1
(a) the value the goods would have if there were no lack of conformity;deleted
2013/04/25
Committee: IMCO
Amendment 476 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 111 – paragraph 1 – point b
(b) the significance of the lack of conformity; andeleted
2013/04/25
Committee: IMCO
Amendment 477 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 111 – paragraph 1 – point c
(c) whether the alternative remedy could be completed without significant inconvenience to the consumer.deleted
2013/04/25
Committee: IMCO
Amendment 479 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 111 – paragraph 2
2. If the consumer has required the remedying of the lack of conformity by repair or replacement pursuant to paragraph 1, the consumer maytrader has not completed repair or replacement within a reasort to other remedies only if the trader has not completed repair or replacement within a reasonable time, not exceeding 30 days. However, the consumer may withhold performance during that timenable time, not exceeding 30 days, or if the first attempt at subsequent performance fails to remedy the lack of conformity, the consumer may choose between a further repair or replacement.
2013/04/25
Committee: IMCO
Amendment 481 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 115 – paragraph 1
1. A buyer may terminate the contract in a case of delay in delivery which is not in itself a fundamental lack of conformity if the buyer gives notice fixing an additional period of time of reasonable length for performance and the seller does not perform within that period.
2013/04/25
Committee: IMCO
Amendment 485 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 124 – paragraph 4
4. In a contract between a trader and a consumer, the consumer is not liable, in respect of the use of a given means of payment, for fees that exceed the cost borne by the trader for the use of such means.deleted
2013/04/25
Committee: IMCO
Amendment 486 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 135 – paragraph 1
1. A seller may terminate in a case of delay in performance which is not in itself a fundamental lack of conformity if the seller gives a notice fixing an additional period of time of reasonable length for performance and the buyer does not perform within that period.
2013/04/25
Committee: IMCO
Amendment 487 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 139 – paragraph 1
1. Where performance has been tendered late or a tendered performance otherwise does not conform to the contract the seller loses the right to terminate under this Section unlessif notice of termination is not given within a reasonable time from when the seller has become, or could be expected to have become, aware of the tender or the lack of conformity.
2013/04/25
Committee: IMCO
Amendment 490 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 142 – paragraph 1
1. In a consumer sales contract, the risk passes at the time when the consumer or a third party designated by the consumer, not being the carrier, has acquireds the physical possession of the goods or the tangible medium on which the digital content is supplied. If the seller gives the consumer a choice between various carriers, the latter shall not be regarded as third parties designated by the consumer within the meaning of this paragraph.
2013/04/25
Committee: IMCO
Amendment 491 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 142 – paragraph 2
2. In a contract for the supply of digital content not supplied on a tangible medium, the risk passes at the time when the consumer or a third party designated by the consumer for this purpose has obtaineds the control of the digital content.
2013/04/25
Committee: IMCO
Amendment 492 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Article 142 – paragraph 3
3. Except where the contract is a distance or off-premises contract, paragraphs 1 and 2 do not apply where the consumer fails to perform the obligation to take over the goods or the digital content and the non-performance is not excused under Article 88. In this case, the risk passes at the time when the consumer, or the third party designated by the consumer, would have acquired the physical possession of the goods or obtained the control of the digital content if the obligation to take them over had been performed.deleted
2013/04/25
Committee: IMCO
Amendment 507 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 4
To exercise the right of withdrawal, you must inform us (2) of your decision to withdraw from this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
2013/04/25
Committee: IMCO
Amendment 508 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 7
If you withdraw from this contract, we will reimburse all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any even. Reimbursement shall be carried out not later than 14 days from the day on which we are informed aboutceive your decision to withdraw from this contract. We will carry out such reimbursement usinguse the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
2013/04/25
Committee: IMCO
Amendment 509 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point b
Does not apply to English version.
2013/04/25
Committee: IMCO
Amendment 510 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point c
Does not apply to English version.
2013/04/25
Committee: IMCO
Amendment 511 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point d
Does not apply to English version.
2013/04/25
Committee: IMCO
Amendment 512 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point e
Does not apply to English version.
2013/04/25
Committee: IMCO
Amendment 513 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 3
3. If you give the option to the consumer to electronically fill in and submit information about his or her withdrawal from the contract on your website, insert the following: "You can also electronically fill in and submit the model withdrawal form or any other clear statement on our website [insert internet address]. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay."
2013/04/25
Committee: IMCO
Amendment 514 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 3
– If, in a distance contract, you do not offer to bear the cost of returning the goods and the goods, by their nature, cannot normally be returned by post: "You will have to bear the direct cost of returning the goods, ___ EUR [insert the amount]."; or if the cost of returning the goods cannot reasonably be calculated in advance: "You will have to bear the direct cost of returning the goods. The cost is estimated to a maximum of approximately ___ EUR [insert the amount]"; or
2013/04/25
Committee: IMCO
Amendment 515 #

2011/0284(COD)

Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 4
– If, in an off-premises contract, the goods, by their nature, cannot normally be returned by post and have been delivered to the consumer’s home at the time of the conclusion of the contract: "We will collect the goods at our own expense."deleted
2013/04/25
Committee: IMCO
Amendment 516 #

2011/0284(COD)

Proposal for a regulation
Annex 2 – paragraph 5
The trader has to give you the important informatinform you in detail about the key provisions onf the contract agreed with you, for instance on the product and its price including all taxes and charges and his contact details. The information has to be more detailed when you buy something outside the trader's shop or if you do not meet the trader personally at all, for instance if you buy online or by telephone. You are entitled to damages if this information is incomplete or wrong.
2013/04/25
Committee: IMCO
Amendment 517 #

2011/0284(COD)

Proposal for a regulation
Annex 2 – paragraph 7
In most cases yYou have 14 days to withdraw from the purchase if you bought the goods outside the trader's shop or if you have not met the trader up to the time of the purchase (for instance if you bought online or by telephone). The trader must provide you with information and a Model withdrawal form. If the trader has not done so, you can cancel the contract within one year.
2013/04/25
Committee: IMCO
Amendment 50 #

2011/0187(COD)

Proposal for a regulation
Recital 23
(23) Increased cooperation and coordination among mobile network operators should be established to technically enable the provision of separate roaming services and access to local data roaming services, and to ensure coordinated and sound technical evolution of the separate sale of roaming services in the Union. Therefore, guidelines detailing further the relevant basic principles and methodologies should be elaborated, in order to allow a rapid adaptation to changed circumstances and technological advancement. BEREC, in coordination with the Commission and in collaboration with the relevant stakeholders, should issue guidelines to develop the technical elements of a facility to enable the separate sale of roaming services and access to local data roaming services. The Commission could give a mandate to a European Standardisation Body for the amendment of the relevant standards that are necessary for the harmonised implementation of the facility.
2011/12/21
Committee: IMCO
Amendment 51 #

2011/0187(COD)

Proposal for a regulation
Recital 24 a (new)
(24a) Operators should be encouraged to reach the objectives of the Digital Agenda for Europe even faster. In particular, the objective of differences between national and roaming tariffs to approach zero by 2015 should be promoted. Therefore, as an incentive, operators who are ready to make roaming offers that are equal to or only insignificantly higher than their national tariffs should be exempted from the obligation to implement the structural measures as regards separate sale of roaming services. National telecommunication regulators should grant such exemptions under strict conditions and be also able to withdraw the exemption in case of non-compliance. This system would also allow for more innovative offers such as 'roam like at home' or monthly fee-based offers that would be more transparent to the consumers and would not require any action from the consumers' side.
2011/12/21
Committee: IMCO
Amendment 76 #

2011/0187(COD)

Proposal for a regulation
Recital 67
(67) In order to improve the transparency of retail prices for making and receiving regulated roaming calls both within and outside the Union and to help roaming customers make decisions on the use of their mobile telephones while abroad, providers of mobile telephony services should enable their roaming customers easily to obtain information free of charge on the roaming charges applicable to them when making or receiving voice calls in a visited Member Statecountry. Moreover, providers should give their customers, on request and free of charge, additional information on the per- minute or per-unit data charges (including VAT) for the making or receiving of voice calls and also for the sending and receiving of SMS, MMS and other data communication services in the visited Member Statecountries. Since certain customer groups might be well informed about roaming charges operators should provide a possibility to easily opt- out from this automatic message service.
2011/12/21
Committee: IMCO
Amendment 81 #

2011/0187(COD)

Proposal for a regulation
Recital 69
(69) Moreover, measures should be introduced to improve the transparency of retail prices for data roaming services, in particular to eliminate the problem of ‘bill shock’ which constitutes a barrier to the smooth functioning of the internal market, and to provide roaming customers with the tools they need to monitor and control their expenditure on data roaming services. Equally, there should be no obstacles to the emergence of applications or technologies which can be a substitute for, or alternative to, roaming services, such as WiFi or local breakout mechanisms. Consumers should be provided with this information, thereby allowing them to make an informed choice.
2011/12/21
Committee: IMCO
Amendment 82 #

2011/0187(COD)

Proposal for a regulation
Recital 70
(70) In particular, mobile operators should provide their roaming customers with personalised tariff information on the charges applicable to those customers for data roaming services every time they initiate a data roaming service on entering another Member Statecountry. This information should be delivered to their mobile telephone or other mobile device in the manner best suited to its easy receipt and comprehension.
2011/12/21
Committee: IMCO
Amendment 83 #

2011/0187(COD)

Proposal for a regulation
Recital 22
(22) Consumers should have the right to opt for the separate sale of roaming services from their domestic mobile package. Basic principles should be laid down wiIn the Member States where their contract for the provision of domestic mobile services is concluded, consumers should have the regard to the provision of aight to opt for the separate sale of retail roaming services which should be introduced in a coordinated manner across the Unionfrom their domestic mobile package. Consumers should be able to choose a different provider for retail roaming services without changing their number, and in a manner which ensures interoperability of services, with retail roaming services being provided anywhere in the Union and with the same level of quality.
2011/12/21
Committee: ITRE
Amendment 84 #

2011/0187(COD)

Proposal for a regulation
Recital 22 a (new)
(22 a) Consumers in the EU are increasingly using mobile data services in their home country. However, high data roaming prices are hindering customers from using mobile data services when travelling in the Union. Therefore, appropriate measures should be taken to ensure that there are no obstacles to use alternative data roaming services, in particular through separate sale or temporary use of local data roaming services. For temporary usage of local data roaming services mobile users should be enabled to access locally supplied mobile data services, regardless of existing roaming contracts or arrangements with the provider of domestic mobile communication services and without any additional charge levied by them.
2011/12/21
Committee: ITRE
Amendment 84 #

2011/0187(COD)

Proposal for a regulation
Recital 71
(71) In order to facilitate customers' understanding of the financial consequences of the use of regulated data roaming services and to permit them to monitor and control their expenditure, the home provider should give examples for data roaming applications, such as e-mail, picture and web-browsing, by indicating their approximate size in terms of data usage.
2011/12/21
Committee: IMCO
Amendment 86 #

2011/0187(COD)

Proposal for a regulation
Recital 22 b (new)
(22 b) There are several ways in which facilities for separate sale of roaming services and for temporary access to local data roaming services could be implemented. This Regulation should not mandate any particular technical solution for these facilities but instead lay down essential requirements which should be met by these facilities in order allow the most effective and efficient solution, or combination of solutions. Those requirements should ensure in particular effective competition for the benefit of European consumers, including intensive users of data services.
2011/12/21
Committee: ITRE
Amendment 86 #

2011/0187(COD)

Proposal for a regulation
Recital 72
(72) In addition, in order to avoid bill shocks both for data roaming services within and outside the Union, mobile operators should define one or more maximum financial and/or volume limits for their outstanding charges for data roaming services, expressed in the currency in which the roaming customer is billed, and which they should offer to all their roaming customers, free of charge, with an appropriate notification when this limit is being approached. Upon reaching this maximum limit, customers should no longer receive and be charged for those services unless they specifically request continued provision of those services in accordance with the terms and conditions set out in the notification. Roaming customers should be given the opportunity to opt for any of these maximum financial or volume limits within a reasonable period or to choose not to have such a limit. Unless customers state otherwise, they should be put on a default limit system.
2011/12/21
Committee: IMCO
Amendment 88 #

2011/0187(COD)

Proposal for a regulation
Recital 23
(23) Increased cooperation and coordination among mobile network operators should be established to technically enable the provision of separate roaming services, and to ensure coordinated and sound technical evolution of the separate sale ofprovision of separate roaming services and access to local data roaming services in the Union. Therefore, guidelines detailing further the relevant basic principles and methodologies should be elaborated, in order to allow a rapid adaptation to changed circumstances and technological advancement. BEREC, in coordination with the Commission and in collaboration with the relevant stakeholders, should issue guidelines to develop the technical elements of a facility to enable the separate sale of roaming services and access to local data roaming services. The Commission could give a mandate to a European Standardisation Body for the amendment of the relevant standards that are necessary for the harmonised implementation of these facilityies.
2011/12/21
Committee: ITRE
Amendment 89 #

2011/0187(COD)

Proposal for a regulation
Recital 24
(24) It is considered that for the separate sale of roaming services to be fully effective, it needs to be combined with the wholesale access obligation for the provision of roaming services to facilitate market entry by new or existing players including cross-border roaming services providers. This solution will avoid distortions between Member States by ensuring a consistent regulatory approach thereby contributing to the development of the single market. However, this solution ine establishment of facilities for separate sale of roaming services will require a reasonable period for operators to adapt at the technical level, and therefore the facility for separate sale of roaming services will only result in a genuine internal market with sufficient competition after a certain period of time. For this reason, price caps for the wholesale charges for voice, SMS messages and data roaming services as well as safeguard caps for those service at the retail level should be maintained on a temporary basis at an appropriate level to ensure that the existing consumer benefits are preserved during a transitional period of implementation of such structural solutions, after which they could be removed
2011/12/21
Committee: ITRE
Amendment 90 #

2011/0187(COD)

Proposal for a regulation
Recital 74
(74) However, since the entry into force of the amendments introduced by Regulation (EC) No 544/2009, it has been observed that it is less probable that customers under pre-paid tariffs suffer from ‘bill shocks’ for the use of data roaming services, given that the amount of credit available is already chosen in advance. In addition, with the transitory Euro-data tariff with regulated rates for data roaming charges, these consumers will also benefit from additional protection against high prices for these services. For these reasons, the cut off limit provisions should not apply to customers under pre-paid contracts, except in cases where consumers have opted for a system that automatically tops up their credit.
2011/12/21
Committee: IMCO
Amendment 92 #

2011/0187(COD)

Proposal for a regulation
Recital 24 a (new)
(24a) Considering that roaming prices can still be considered as a barrier to an internal market for telecoms and that the Digital Agenda for Europe sets as an objective that the differences between roaming and national telecoms tariffs should approach zero by 2015, operators should have the choice to reach this target on a voluntary basis. For this reasons operators offering to all their customers on all offers roaming tariffs significantly close to those charged for domestic voice, SMS and data services by 1 July 2014 should be exempted from the obligation to implement the technical measures for separate sale of roaming services. The required tariff level allowing the exemption should be defined by the Commission through delegated acts on basis of the opinion of BEREC after appropriate stakeholder consultation.
2011/12/21
Committee: ITRE
Amendment 93 #

2011/0187(COD)

Proposal for a regulation
Recital 81
(81) The Commission should review the effectiveness of this Regulation in light of its objectives and the contribution to the implementation of the regulatory framework and the smooth functioning of the internal market. In this context, the Commission should consider the impact on the competitive position of mobile communications providers of different sizes and from different parts of the Union, the developments, trends and transparency in retail and wholesale charges, their relation to actual costs, the extent to which the assumptions made in the impact assessment that accompanied this Regulation have been confirmed and the costs of compliance of operators and the impact on the investments. The Commission should also, in the light of technological developments, consider the availability and quality of services which are an alternative to roaming (such as access through WIFI or through local breakout mechanisms).
2011/12/21
Committee: IMCO
Amendment 98 #

2011/0187(COD)

Proposal for a regulation
Recital 28
(28) The transitory Eurotariff to be offered to roaming customers should reflect a reasonable margin over the wholesale cost of providing a roaming service, whilst allowing operators the freedom to compete by differentiating their offerings and adapting their pricing structures to market conditions and consumer preferences. SuchAccording to the calculation methodology of BEREC, where the retail cap is three times the wholesale cap, a margin of 200% would allow market entry and the development of competition. Therefore safeguard caps should be set at levels which doccordingly, in order not to distort the competitive benefits of structural solutions and could be removed once the structural solutions have had an opportunity to deliver concrete gains for customers. This regulatory approach should not apply to value added services.
2011/12/21
Committee: ITRE
Amendment 100 #

2011/0187(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. This Regulation also lays down rules aimed at increasing price transparency and improving the provision of information on charges to users of Union-wide roaming services within and outside the Union.
2011/12/21
Committee: IMCO
Amendment 107 #

2011/0187(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point k
(k) ‘regulated data roaming service’ means a roaming service enabling the use of packet switched data communications by a roaming customer by means of his mobile telephone or other mobile device while it is connected to a visited network. A regulated data roaming service does not include the transmission or receipt of regulated roaming calls or, SMS messages, but does include the transmission and receipt of or MMS messages;
2011/12/21
Committee: IMCO
Amendment 114 #

2011/0187(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point o
(o) ‘European Union (EU) roaming profile’ means a preconfigured profile for the provision of separate roaming services, which is provided in addition to a profile for the provision of domestic mobile services on the same SIM card.deleted
2011/12/21
Committee: IMCO
Amendment 123 #

2011/0187(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. With effect from 1 Julyne 2014, home providers shall inform all their roaming customers of the possibilityroaming customers shall have the right to unsubscribe from their existing roaming services and to opt for roaming services from an alternative roaming provider. The roaming customers shall be given a period of two months within which to make their choice known to their home provider. Roaming customers who have not expressed their choice within that period shall have the right to opt for an alternative roaming provider at any moment, in line with paragraphs 3 and at any moment, in line with paragraphs 3 and 4. Home providers shall inform all their existing roaming customers of this right before 1 June 2014.
2011/12/21
Committee: IMCO
Amendment 128 #

2011/0187(COD)

Proposal for a regulation
Article 4 – paragraph 4
4. Any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within fivetwo working days, save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the Eurotariff, Euro-SMS tariff or Euro- data tariff, the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding three months.
2011/12/21
Committee: IMCO
Amendment 132 #

2011/0187(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point o
(o) ‘European Union (EU) roaming profile’ means a preconfigured profile for the provision of separate roaming services, which is provided in addition to a profile for the provision of domestic mobile services on the same SIM card.deleted
2011/12/21
Committee: ITRE
Amendment 134 #

2011/0187(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point o a (new)
(oa) 'local data roaming service' means data roaming service provided to customers directly on a visited network by a mobile network operator, mobile virtual network operator or reseller;
2011/12/21
Committee: ITRE
Amendment 134 #

2011/0187(COD)

Proposal for a regulation
Article 4 – paragraph 5
5. At the time of making or renewing a contract on mobile communication services, home providers shall provide all customers individually with full information on the possibility to choose an alternative roaming provider and facilitateshall not hinder the conclusion of a contract with an alternative roaming provider. Customers concluding a contract with the home provider for roaming services shall explicitly confirm that they have been informed of such possibility. The providers of mobile communications services shall not prevent retailers serving as their points of sale to offer contracts for separate roaming services with alternative roaming providers.
2011/12/21
Committee: IMCO
Amendment 136 #

2011/0187(COD)

Proposal for a regulation
Article 4 – paragraph 5 a (new)
5a. Before 1 July 2013 operators may apply to their respective national regulator for an exemption from the obligation to sell roaming services separately. An exemption shall be granted if the operator commits to offer to all of its customers as of 1 June 2014 roaming tariffs that are equal to its respective national tariffs or that are at maximum 10% higher than its respective national tariffs. Operators may alternatively offer a tariff consisting of an additional monthly base charge covering all roaming services if they can show that average roaming costs to the respective customer group (corporate, post-paid or pre-paid) would not increase by more than 10%. If the national regulator grants the exemption, paragraphs 1 to 5 shall not be applicable to the operator and its customers. Operators, after being granted an exemption, shall communicate changes to their offers to the national regulator. The exemption shall be withdrawn by national regulator if the changed offers no longer meet the conditions set out in this paragraph. The operator shall be notified of a possible withdrawal of the exemption and shall be given three months to adapt its offers. An operator whose exemption is withdrawn shall implement paragraphs 1 to 5 within one year following the withdrawal. National regulators shall inform the European Commission of any exemption granted or withdrawn.
2011/12/21
Committee: IMCO
Amendment 148 #

2011/0187(COD)

Proposal for a regulation
Article 5 – paragraph 2
For the purpose of separate sale of roaming services, operators shall make sure that facilities are in place by 1 Julyne 2014 at the latest, to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators may in particular allow the use of a ‘EU roaming profile’ on the same SIM card and the use of the same terminal alongside domestic mobile services. Pricing for interconnection related to the provision of this facility shall be cost-orientated and there should be no direct charges to consumers for the use of this facility.
2011/12/21
Committee: IMCO
Amendment 153 #

2011/0187(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. Home providerProviders of domestic mobile communications services shall enable their subscribcustomers to access voice, SMS and data roaming services of any interconnected alternative roaming providr to access local data roaming services provided by any alternative roaming provider offering roaming services in the Member State where the contract or arrangement for the provision of domestic mobile communications services has been concluded with the customer.
2011/12/21
Committee: ITRE
Amendment 156 #

2011/0187(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. With effect from 1 Julyne 2014, home providers of domestic mobile communications services shall inform all their roaming customers of the possibility to unsubscribe from their existing roaming services and to opt for roaming services fromoffered by an alternative roaming provider in accordance with paragraph 1. The roaming customers shall be given a period of two months within which to make their choice known to their home providers of domestic mobile communications services. In case a customer chooses to switch to an alternative roaming provider within this time limit, the switch should be carried out within a maximum period of one working day. Roaming customers who have not expressed their choice within that period shall have the right to opt for an alternative roaming provider at any moment, in line with paragraphs 3 and 4.
2011/12/21
Committee: ITRE
Amendment 157 #

2011/0187(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,143 per minute as of 1 July 2012.
2011/12/21
Committee: IMCO
Amendment 161 #

2011/0187(COD)

Proposal for a regulation
Article 4 – paragraph 4
4. Any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than the roaming service provided by the alternative roaming provider, and shall be carried out within fivone working days, save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the Eurotariff, Euro-SMS tariff or Euro- data tariff, the home provider of domestic mobile communications services may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding threewo months.
2011/12/21
Committee: ITRE
Amendment 165 #

2011/0187(COD)

Proposal for a regulation
Article 4 – paragraph 5
5. At the time of making or renewing a contract on mobile communication services, home providers of domestic mobile communications services shall provide all customers individually with full information on the possibility to choose an alternative roaming provider and facilitateshall not hinder the conclusion of a contract with an alternative roaming provider. Customers concluding a contract with the home provider for roamingof domestic mobile communications services shall explicitly confirm that they have been informed of such possibility. The providers of mobile communications services shall not prevent retailers serving as their points of sale to offer contracts for separate roaming services with alternative roaming providers.
2011/12/21
Committee: ITRE
Amendment 166 #

2011/0187(COD)

Proposal for a regulation
Article 4 – paragraph 6
6. The home provider of domestic mobile communications services or the operator of a visited network shall not alter the technical characteristics of roaming services provided by an alternative roaming provider in such a way as to make them differ from the technical characteristics, including the quality parameters, of roaming services provided by the operator providingprovider of domestic mobile communications services.
2011/12/21
Committee: ITRE
Amendment 166 #

2011/0187(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,10, EUR 0,07 and EUR 0,06 on 1 July 2013, on 1 July 20134 and on 1 July 20145 respectively. Without prejudice to Article 13, the maximum average wholesale charge shall remain at EUR 0,06 for the duration of this Regulation.
2011/12/21
Committee: IMCO
Amendment 168 #

2011/0187(COD)

Proposal for a regulation
Article 4 – paragraph 6 a (new)
6a. If the customer has subscribed for local data roaming services with an alternative roaming provider in accordance with paragraph 1, the provider of domestic mobile communications services shall continue to provide voice and SMS roaming services with the same technical characteristics, including the quality parameters, as when the customer is using data roaming services provided by the provider of domestic mobile communications services.
2011/12/21
Committee: ITRE
Amendment 172 #

2011/0187(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,320 per minute for any call made or EUR 0,110 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,28 and EUR 0,245, EUR 0,21, and EUR 0,18 on 1 July 2013, on 1 July 20134 and on 1 July 2014 5respectively, and for calls received to EUR 0,10 on 1 July 201308, EUR 0,07 and EUR 0,06 on 1 July 2013, on 1 July 2014 and 1 July 2015 respectively. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.
2011/12/21
Committee: IMCO
Amendment 173 #

2011/0187(COD)

Proposal for a regulation
Article 4 – paragraph 6 b (new)
6b. When a customer is offered by his home provider roaming tariffs significantly close to the tariffs for domestic voice, SMS and data services, the obligation for this operator to enable its customer to access voice, SMS and data roaming services of any alternative roaming operator shall not apply.
2011/12/21
Committee: ITRE
Amendment 176 #

2011/0187(COD)

Proposal for a regulation
Article 4 – paragraph 6 c (new)
6c. The maximum difference operators may apply between domestic and roaming tariffs in order to comply with the above paragraph 6 b should be set by the Commission through delegated acts on basis of the opinion of BEREC, after consulting stakeholders and within a reasonable period of time not exceeding three months after the adoption of this Regulation. When all roaming offers of an operator meet the conditions provided for in this paragraph, paragraphs 1 to 6 above and Article 5 shall not apply.
2011/12/21
Committee: ITRE
Amendment 179 #

2011/0187(COD)

Proposal for a regulation
Article 4 a (new)
Article 4 a Temporary access to local data roaming services 1. Providers of domestic mobile communications services shall not prevent their customers from temporarily accessing local data roaming services of any provider of local mobile data roaming services without unsubscribing from their existing data roaming contract or arrangement. 2. Paragraph 1 shall not apply if a customer has opted for a contract with an alternative roaming provider pursuant to Article 4. 3. While the customer is temporarily using local data roaming services, the provider of domestic mobile communications services shall continue to provide voice and SMS roaming services with the same technical characteristics, including the quality parameters, as when the customer is using data roaming services provided by the provider of domestic mobile communications services. 4. The customer's choice to temporarily access local data roaming services of any provider of local data roaming services shall not entail any associated subscription or other fixed or recurring charges by the home provider and shall be possible with any retail tariff plan. 5. Any temporary switch to a provider of local data roaming services instead of data roaming services by the provider of domestic mobile communications services and any switch back to the provider of domestic mobile communications services shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription, and shall be carried out without delay.
2011/12/21
Committee: ITRE
Amendment 183 #

2011/0187(COD)

Proposal for a regulation
Article 5 – paragraph 1
In order to ensure the development of the single market, implementation of the technical solutions for the facility of separate sale of roaming services shall take place simultaneously across the Union.deleted
2011/12/21
Committee: ITRE
Amendment 188 #

2011/0187(COD)

Proposal for a regulation
Article 5 – paragraph 2
1. For the purpose of separate sale of roaming services in accordance with Article 4, operators shall make sure that facilities are in place by 1 Julyne 2014 at the latest, to ensure that their customers can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators may in particular allow the use of a ‘EU roaming profile’ on the same SIM card and the use of the same terminal alongside domestic mobile services. Pricing for interconnection and while using the same terminal. Pricing for interconnection and additional support services related to the provision of thisese facilityies shall be cost- orientated and there should be no direct charges to consumers for the use of this facility.
2011/12/21
Committee: ITRE
Amendment 193 #

2011/0187(COD)

Proposal for a regulation
Article 5 – paragraph 2 a (new)
2. The provider of domestic mobile communications services shall not refuse agreements for the provision of voice and SMS roaming services to its customers using local data roaming services of the alternative roaming provider.
2011/12/21
Committee: ITRE
Amendment 194 #

2011/0187(COD)

Proposal for a regulation
Article 5 – paragraph 2 b (new)
3. For the purpose of enabling temporary access to local data roaming services in accordance with Article 4a, operators shall make sure that facilities are in place by 1 June 2014 at the latest, to ensure that their customers can temporarily access local data roaming services of any provider of such services while keeping their mobile number and while using the same terminal. Pricing for user authentication services shall be free of charge and pricing for additional support services related to the provision of these facilities shall be cost-orientated and there shall be no direct charges to consumers for the use of this facility.
2011/12/21
Committee: ITRE
Amendment 195 #

2011/0187(COD)

Proposal for a regulation
Article 5 – paragraph 2 c (new)
4. If the provider of domestic mobile communications services is offering roaming services in the country of a provider of local data roaming services, the provider of domestic mobile communications services shall not refuse agreements for the provision of voice and SMS roaming services to the customers of the provider of local data roaming services in the visited country.
2011/12/21
Committee: ITRE
Amendment 195 #

2011/0187(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,109. The price for a regulated roaming SMS shall decrease to EUR 0,07, and EUR 0,06, on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,106 until 30 June 2016.
2011/12/21
Committee: IMCO
Amendment 196 #

2011/0187(COD)

Proposal for a regulation
Article 5 – paragraph 2 d (new)
5. In order to ensure the development of the single market, the implementation of the facilities referred to in Paragraphs 1 and 3, through one or more technical solutions, shall take place in a harmonised way across the Union and shall meet the following essential requirements: – consumer friendliness, in particular allowing consumers to easily and quickly switch to an alternative roaming provider while keeping their existing mobile phone number; – ability to serve different categories of consumer demand on competitive terms, including intensive users of data services; – ability to effectively foster competition, taking also into account the scope for operators to exploit their infrastructure assets or commercial arrangements; – cost-effectiveness, taking into account the division of costs between the providers of domestic mobile communications services and the alternative roaming providers; – ability to give effect to the obligation to enable consumers to select an alternative roaming provider within the time limit laid down in paragraph 1.
2011/12/21
Committee: ITRE
Amendment 197 #

2011/0187(COD)

Proposal for a regulation
Article 5 – paragraph 3
6. BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down, within a reasonable period of time not exceeding three months after the adoption of this Regulation, gGuidelines with regard to harmonised technical solutions relating to the facility for the separate sale of roaming services and to harmonised procedures to change the provider of roaming services, and relating to the facility for enabling access to local data roaming services. Upon a reasoned request from the BEREC, the Commission may extend that period. Where necessary, after consulting stakeholders and in close cooperation with the Commission, BEREC may update the Guidelines.
2011/12/21
Committee: ITRE
Amendment 209 #

2011/0187(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,143 per minute as of 1 July 2012 .
2011/12/21
Committee: ITRE
Amendment 209 #

2011/0187(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,230, EUR 0,217 as of 1 July 2013, EUR 0,10 as of 1 July 20134 and EUR 0,108 as of 1 July 20145 per megabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,108 per megabyte of data transmitted for the duration of this Regulation.
2011/12/21
Committee: IMCO
Amendment 216 #

2011/0187(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,10 and EUR 0,06 7, on 1 July 2013 and,on 1 July 2014 and 0,06 on 1 July 20145 respectively. Without prejudice to Article 13, the maximum average wholesale charge shall remain at EUR 0,06 for the duration of this Regulation.
2011/12/21
Committee: ITRE
Amendment 219 #

2011/0187(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,970 per megabyte. The price ceiling for data used shall decrease to EUR 0,750, EUR 0,30 and EUR 0,50.25, per megabyte used on 1 July 2013, on 1 July 2014 and on 1 July 20145 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,250, per megabyte used until 30 June 2016.
2011/12/21
Committee: IMCO
Amendment 229 #

2011/0187(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,320 per minute for any call made or EUR 0,110 per minute for any call received as of 1 July 2012 . The price ceiling for calls made shall decrease to EUR 0,28 and5 on 1 July 2013, EUR 0,241 on 1 July 20134 and to EUR 0,18 on 1 July 20145 respectively, and for calls received to EUR 0,10 on 1 July 2013 08 on 1 July 2013, EUR 0,07 on 1 July 2014 and to EUR 0,06 on 1 July 2015. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.
2011/12/21
Committee: ITRE
Amendment 237 #

2011/0187(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an SMS message, each home provider shall, except when the customer has notified his home provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a Member Statecountry other than that of his home network, with basic personalised pricing information on the roaming charges (including VAT) that apply to the making and receiving of calls and to the sending of SMS messages by that customer in the visited Member Statecountry.
2011/12/21
Committee: IMCO
Amendment 245 #

2011/0187(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b
(b) sending regulated roaming SMS messages while in the visited Member Statecountry.
2011/12/21
Committee: IMCO
Amendment 254 #

2011/0187(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. With effect from 1 July 2012 , the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,10 shall decrease to EUR 0,09 on 1 July 2012, EUR 0,07 on 1 July 2013 and to EUR 0,06 on 1 July 2014. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,106 until 30 June 2016.
2011/12/21
Committee: ITRE
Amendment 256 #

2011/0187(COD)

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of regulated data roaming services, in ways which facilitate customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3. The safeguard mechanisms referred to in paragraph 3 shall not apply to pre-paid customersmachine to machine (M2M) services nor to pre-paid customers, except in cases where they have opted for an automatic topping-up mechanism.
2011/12/21
Committee: IMCO
Amendment 268 #

2011/0187(COD)

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the Member Statecountry concerned, except where the customer has notified his home provider that he does not require this information.
2011/12/21
Committee: IMCO
Amendment 273 #

2011/0187(COD)

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, every time the roaming customer enters a Member Statecountry other than that of his home network and initiates for the first time a regulated data roaming service in that particular Member Statecountry. It shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service, by an appropriate means adapted to facilitate its receipt and easy comprehension.
2011/12/21
Committee: IMCO
Amendment 276 #

2011/0187(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,230, EUR 0,217 as of 1 July 2013, EUR 0,10 as of 1 July 20134 and EUR 0,108 as of 1 July 20145 per megabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,108 per megabyte of data transmitted for the duration of this Regulation.
2011/12/21
Committee: ITRE
Amendment 277 #

2011/0187(COD)

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1
Each home provider shall grant to all their roaming customers the opportunity to opt deliberately and free of charge for a facility which provides information on the accumulated consumption expressed in volume or in the currency in which the roaming customer is billed for regulated data roaming services and which guarantees that, without the customer's explicit consent, the accumulated expenditure for regulated data roaming services over a specified period of use does not exceed a specified financial limit. This shall not apply in cases where a mobile telecommunication service provider in a visited country outside the Union does not allow the home provider to monitor their customers' usage on a real-time basis. In that case, the customer shall be notified accordingly by means of a Message Service, without undue delay and free of charge, when he enters concerned country.
2011/12/21
Committee: IMCO
Amendment 288 #

2011/0187(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,970 per megabyte. The price ceiling for data used shall decrease to EUR 0,70 and50, EUR 0,530, per megabyte used on 1 July 2013 and on 1 July 2014 respectively, and to EUR 0,25 on 1 July 2015. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,250, per megabyte used until 30 June 2016.
2011/12/21
Committee: ITRE
Amendment 295 #

2011/0187(COD)

Proposal for a regulation
Article 19 – paragraph 1 – introductory part
1. The Commission shall review the functioning of this Regulation and, after a public consultation, shall report to the European Parliament and the Council no later than 30 June 20156. The Commission shall evaluate in particular whether the objectives of this Regulation have been achieved. In so doing, the Commission shall review, inter alia:
2011/12/21
Committee: IMCO
Amendment 15 #

2011/0177(APP)

Draft opinion
Paragraph 4
4. Highlights the added value of EU programmes in favour of SMEs, as these have proven very helpful in supporting Member States’ efforts to secure SMEs’ access to funding opportunities and foreign markets in a time of deep financial crisis; stresses, nevertheless, that a better and more diverse access to funding, from grants to loans or equity financing, should be available in the future for all European industrial actoccess to finance for SMEs should be improved in particular through loan guarantees and equity financing, which have the greatest leverage effects and recover most of the public expenditure with their revenue; points out that the scope of financial instruments should be enlarged, covering all phases of the business cycle, including business transfers; strongly believes that in the foreseen financial envelope for the Programme for the Competitiveness of enterprises and SMEs (COSME) , the budget allocated to financial instruments shall be increased, and the access to it improved, so that the programme can be extended to include even more SMEs, and so that it answers more adequately to SMEs’ various needs; underlines that EU measures such as the Enterprise Europe Network and the China IPR Helpdesk have successfully complemented existing national measures to improve access to foreign markets and that EU funding for these measures should be maintained; underlines that in order to achieve its objectives, the overall budget of COSME should be increased to 0,5% of the MFR budget;
2012/09/05
Committee: ITRE
Amendment 29 #

2011/0177(APP)

Draft opinion
Paragraph 6
6. Underlines the strategic importance of large-scale infrastructure projects (such as ITER, Galileo, GLONASS, GMES) for the future of the EU’s competitiveness and for the reinforcement of EU industries; believes that industry financing of large industrial projects should be secured in the EU budget on the basis of a fully autonomous and comprehensive multiannual budget, while improvements to the governance of large industrieal projects should remain under EU Treaty rules; highlights that if any cost overruns arise in the course of the implementation of these projects, it should be covered in a manner that does not threaten the funding and the successful implementation of other Union policies that contribute to achieving the goals of the EU 2020 strategy;
2012/09/05
Committee: ITRE
Amendment 73 #

2011/0177(APP)

Motion for a resolution
Paragraph 19
19. Reaffirms, in this context, its position in favour of a significant increase - notably through the Connecting Europe Facility and COSME - in the funding available for the Union programmes in the fields of competiveness, SMEs and infrastructures, which are at the heart of the Europe 2020 strategy; strongly believes that further cuts with respect to the Commission proposal will seriously jeopardise the EU’s credibility and its political commitment in favour of growth and jobs;
2012/10/05
Committee: BUDG
Amendment 65 #

2011/0137(COD)

Proposal for a regulation
Recital 4
(4) The customs authorities should be able to control goods, which are or should have been subject to customs supervision in the customs territory of the Union, including goods placed under a suspensive procedure, with a view to enforcing intellectual property rights. Enforcing intellectual property rights at the border, wherever the goods are, or should have been, under ‘customs supervision’ as defined by Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, makes good use of resources. Where goods are detained by customs at the border, one legal proceeding is required, whereas several separate proceedings would be required for the same level of enforcement for goods found on the market, which have been disaggregated and delivered to retailers. An exception should be made for goods released for free circulation under the end- use regime, as such goods remain under customs supervision, even though they have been released for free circulation. It is also appropriate not to apply the Regulation to goods carried by passengers in their personal luggage as long as these goods are for their own personal use and there are no indications that commercial traffic is involved.
2012/01/26
Committee: IMCO
Amendment 77 #

2011/0137(COD)

Proposal for a regulation
Recital 10 a (new)
(10a) Where goods in transit are suspected to be an imitation or a copy of a product protected in the Union by an intellectual property right, customs authorities should ask the declarant or holder of the goods to provide adequate evidence that the final destination of the goods is beyond the territory of the Union. In the absence of adequate evidence to the contrary being provided, customs authorities should presume a substantial likelihood of diversion of those goods onto the market of the Union. The Commission should adopt guidelines which will provide criteria for customs authorities to effectively assess their risk of deviation onto the market of the Union, taking into account the relevant case-law of the Court of Justice of the European Union. Or. en (See amendments to Articles 16 and 17)
2012/01/26
Committee: IMCO
Amendment 87 #

2011/0137(COD)

Proposal for a regulation
Recital 15
(15) For further legal clarity and in order to protect the interests of legitimate traders from possible abuse of the border enforcement provisions, it is appropriate to modify the timelines for detaining goods suspected of infringing an intellectual property right, the conditions in which information about consignments is to be passed on to right-holders by customs authorities, and the conditions for applying the procedure allowing for destruction of the goods under customs control for suspected infringements of intellectual property rights other than for counterfeit and pirated goods and. Where customs authorities take action following the granting of an application, it is also appropriate to introduce a provision allowing the holder of the goods to express his/her views before the customs administration takes a decision which would adversely affect him/her. suspends the release or detains goods suspected of infringing intellectual property rights that are not counterfeit or pirated goods, as it may be difficult for customs authorities to determine upon mere visual examination whether an intellectual property right might be infringed. Or. en (See amendment to Article 16 (3))
2012/01/26
Committee: IMCO
Amendment 92 #

2011/0137(COD)

Proposal for a regulation
Recital 16
(16) Taking into account the provisional and preventive character of the measures adopted by the customs authorities in this field and the conflicting interests of the parties affected by the measures, some aspects of the procedures should be adapted to ensure a smooth application of the Regulation, whilst respecting the rights of the concerned parties. Thus, with respect to the various notifications envisaged by this Regulation, the customs authorities should notify the most appropriate person, on the basis of the documents concerning the customs treatment or of the situation in which the goods are placed. The periods laid down in this Regulation for the required notifications should be counted from the time those are sent by the customs authorities in order to align all periods of notifications sent to the concerned parties. The period allowing for a right to be heard before an adverse decision is takenthe suspension of release or detention of goods other than counterfeit or pirated goods should be three working days, given that where the holders of decisions granting applications for action have voluntarily requested the customs authorities to take action and given that the declarants or holders of the goods must be aware of the particular situation of their goods when placed under customs supervision. In the case of the specific procedure for small consignments, where consumers are likely to be directly concerned and cannot be expected to have the same level of diligence as other economic operators usually involved in the accomplishment of customs formalities, that period should be significantly extended. e right to be heard should be granted for all types of goods and the period allowing for that right should be significantly extended. Or. en (See amendment to Article 16 (3))
2012/01/26
Committee: IMCO
Amendment 165 #

2011/0137(COD)

Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1
The Commission shall establish an application form by means of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29(2). When exercising its implementing power, the Commission shall consult the European Data Protection Supervisor.
2012/01/26
Committee: IMCO
Amendment 167 #

2011/0137(COD)

Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2 a (new)
The form shall include the information to be provided to the data subject pursuant to Article 10 of Directive 95/46/EC and Article 11 of Regulation (EC) No 45/2001.
2012/01/26
Committee: IMCO
Amendment 169 #

2011/0137(COD)

Proposal for a regulation
Article 6 – paragraph 4
4. Where computerised systems are available for the purpose of receiving and processing applications, applications shall be submitted using electronic data- processing techniques. Member States shall make such systems available no later than 1 January 2014.
2012/01/26
Committee: IMCO
Amendment 180 #

2011/0137(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. Where the customs authorities of a Member State identify, in one of the situations referred to in Article 1(1), goods suspected of infringing an intellectual property right covered by a decision granting an application for action, they shall take a decision to suspend the release of the goods or to detain them.
2012/01/26
Committee: IMCO
Amendment 182 #

2011/0137(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. Before adopting the decision of suspension ofsuspending the release or detention ofaining the goods, the customs authorities may ask the holder of the decision granting the application to provide them with any relevant information. The customs authorities may also provide the holder of the decision with information about the actual or supposed number of items, their nature and images of those items as appropriate.
2012/01/26
Committee: IMCO
Amendment 186 #

2011/0137(COD)

Proposal for a regulation
Article 16 – paragraph 3
3. Before adopting the decision of suspension of release or detention of theWhere goods suspected of infringing intellectual property rights are not counterfeit or pirated goods, the customs authorities shall, communicate their intention to the declarant or, in cases where goods are to be detained, the holder of the goods before suspending the release or detaining the goods. The declarant or the holder of the goods shall be given the opportunity to express his/her views within three working days of dispatch of that communication. Or. en (See amendments to Recitals 15 and 16)
2012/01/26
Committee: IMCO
Amendment 189 #

2011/0137(COD)

Proposal for a regulation
Article 16 – paragraph 3 a (new)
3a. Where goods suspected to be an imitation or a copy of a product protected in the Union by an intellectual property right are placed under a suspensive procedure, the customs authorities shall request the declarant or holder of the goods to provide adequate evidence that the final destination of the goods is beyond the territory of the Union within three working days of dispatch of that request. Where no adequate evidence to the contrary is provided, customs authorities shall presume the final destination to be the territory of the Union. Within one year after the entry into force of this Regulation the Commission shall adopt guidelines for customs authorities to assess the risk of deviation of these goods onto the market of the Union in accordance with the advisory procedure referred to in Article 29(2).
2012/01/26
Committee: IMCO
Amendment 192 #

2011/0137(COD)

Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1
The customs authorities shall notify the holder of the decision granting the application and the declarant or holder of the goods of their decision to suspend suspension of the release of the goods or to detain themheir detention within one working day of the adoption of their decis. Alternatively, the customs authorities may request the holder of the decision granting the application to notify the declarant or holder of the goods accordingly, where the holder of the decision granting the application guarantees that he/she will comply with the time limits and obligations laid down in this Regulation.
2012/01/26
Committee: IMCO
Amendment 194 #

2011/0137(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. Before adopting the decision of suspension ofsuspending the release of or detention ofaining the goods, the customs authorities may, without disclosing any information other than the actual or supposed number of items, their nature and images of those items as appropriate, request any person entitled to submit an application concerning the alleged infringement of intellectual property rights to provide them with any relevant information.
2012/01/26
Committee: IMCO
Amendment 199 #

2011/0137(COD)

Proposal for a regulation
Article 17 – paragraph 3 a (new)
3a. Where goods suspected to be an imitation or a copy of a product protected in the Union by an intellectual property right are placed under a suspensive procedure, the customs authorities shall request the declarant or holder of the goods to provide adequate evidence that the final destination of the goods is beyond the territory of the Union within three working days of dispatch of that request. Where no adequate evidence to the contrary is provided, customs authorities shall presume the final destination to be the territory of the Union. Within one year after the entry into force of this Regulation the Commission shall adopt guidelines for customs authorities to assess the risk of deviation of these goods onto the market of the Union in accordance with the advisory procedure referred to in Article 29(2).
2012/01/26
Committee: IMCO
Amendment 201 #

2011/0137(COD)

Proposal for a regulation
Article 17 – paragraph 4 a (new)
4a. Where no person entitled to submit an application can be identified, customs authorities shall cooperate with the competent authorities in order to identify a person entitled to submit an application.
2012/01/26
Committee: IMCO
Amendment 202 #

2011/0137(COD)

Proposal for a regulation
Article 17 – paragraph 5 – subparagraph 2
The customs authorities shall notify the declarant or holder of the goods of their decision to suspend suspension of the release of the goods or to detain themheir detention within one working day of the adoption of their decision.
2012/01/26
Committee: IMCO
Amendment 208 #

2011/0137(COD)

Proposal for a regulation
Article 19 – point a
(a) to initiate proceedings to determine whether an intellectual property right has been infringed or in the course of such proceedings;
2012/01/26
Committee: IMCO
Amendment 210 #

2011/0137(COD)

Proposal for a regulation
Article 19 – point b
(b) to seek compensation from the infringer or other persons where goods are destroyed in accordance with Articles 20(3) or 23(3). . Or. en (See amendment 42 of draft report)
2012/01/26
Committee: IMCO
Amendment 247 #

2011/0137(COD)

Proposal for a regulation
Article 27 – paragraph 2 a (new)
2a. Member States shall adopt provisions in their national law enabling the holder of the decision granting the application to seek compensation from the declarant or the person who has physical control over the goods where both the infringer and the owner of the goods or the person who has a similar right of disposal over them cannot be identified, are not liable to prosecution in their territory or are unable to provide compensation, and where the declarant or the person who has physical control over the goods cannot produce names, addresses and VAT numbers (if applicable) of the consignor and the consignee. Or. en (See amendment 13 of the rapporteur.)
2012/01/26
Committee: IMCO
Amendment 252 #

2011/0137(COD)

Proposal for a regulation
Article 31 – paragraph 3
3. All information referred to in paragraphs 1 and 2 shall be stored in a central database of the Commission. In order to establish a legal basis for that database, the Commission shall adopt a separate proposal for adoption under the ordinary legislative procedure within one year after entry into force of this Regulation. When preparing its proposal, the Commission shall consult the European Data Protection Supervisor. The database shall be operational not later than 1 January 2015.
2012/01/26
Committee: IMCO
Amendment 253 #

2011/0137(COD)

Proposal for a regulation
Article 31 – paragraph 4
4. The Commission shall make the relevant information referred to in paragraphs 1 and 2 available to the customs authorities of the Member States in an electronic form as soon as possible and not later than 1 January 2015.
2012/01/26
Committee: IMCO
Amendment 255 #

2011/0137(COD)

Proposal for a regulation
Article 32 – paragraph 2 a (new)
2a. Retention of personal data by the Commission and Member States shall be limited to the duration of the period of validity of the decision granting the application.
2012/01/26
Committee: IMCO
Amendment 259 #

2011/0137(COD)

Proposal for a regulation
Article 37 – paragraph 1 a (new)
By ...* the Commission shall submit to the European Parliament and to the Council a report on the implementation of this Regulation. If necessary, the report shall be accompanied by appropriate proposals and/or recommendations. _______________ * OJ: please insert the date: 36 months after the entry into force of this Regulation.
2012/01/26
Committee: IMCO
Amendment 31 #

2011/0135(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point h
(h) fostering international cooperation with intellectual property offices in third countries and relevant international organisations with a view to building strategies and developing techniques for the protection of intellectual property rights, skills and tools.
2011/10/20
Committee: IMCO
Amendment 11 #

2010/2306(INI)

Draft opinion
Paragraph 3
3. Underlines that the digital roll-out must preserve programming diversity and cultural facilities for rural areas; calls on the Commission, Member States and regions to focus public funding for digital conversion on cinemas which do not have access to Virtual Print Fee deals or solidaritycannot sufficiently meet their financing needs from alternative sources of fundsing or geograpwhicalh areas at risk located in remote areas, and to minimise the duration of the transition period;
2011/05/05
Committee: IMCO
Amendment 22 #

2010/2306(INI)

Draft opinion
Paragraph 6
6. Encourages national standardisation bodies to use their influence in the international standardisation process to developWelcomes the fact that, with the 2K standard, a unique, open and compatible worldwide ISO standard has been developed for digital projection, which should takes into account the specific needs of European exhibitors.; calls on European and national standardisation organisations to promote the use of this standard accordingly;
2011/05/05
Committee: IMCO
Amendment 7 #

2010/2289(INI)

Draft opinion
Paragraph 2
2. Considers that a more unifiedbarrier-free and competitive single market willshould be come a reality only to the extent to which it succeeds to bringpleted in order to bring concrete advantages for workers, students, pensioners or citizens in general, and for businesses, particularly SMEs, in their daily lives;
2011/01/28
Committee: EMPL
Amendment 10 #

2010/2289(INI)

Draft opinion
Paragraph 3
3. Believes that good governance is crucial to achieve the economic and social objectives of the single market, including free movement of workers and pensioners, as well as the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion and, a high level of education and training and the portability of pensions;
2011/01/28
Committee: EMPL
Amendment 13 #

2010/2289(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Acknowledges the important role of EURES in facilitating the free movement of workers within the Union and ensuring the close cooperation between national employment services; calls on the Member States to increase the public awareness for this useful service to enable more EU citizens to fully benefit from employment opportunities across the EU;
2011/01/28
Committee: EMPL
Amendment 14 #

2010/2289(INI)

Draft opinion
Paragraph 4
4. Emphasises the important role of support networks and tools, such as EURES and SOLVIT,such as SOLVIT and the European Consumer Centres in making the single market work for the European citizens and businesses; strongly welcomes the Commission's announcement to continue to promote a one-stop shop, integrating all existing services in one single access point and providing citizens and businesses with information and support concerning their rights in the single market as well as practical information on national rules and procedures; calls on the Member States to increase the public awareness of these tool one- stop shop and its constituent services;
2011/01/28
Committee: EMPL
Amendment 19 #

2010/2289(INI)

Draft opinion
Paragraph 5
5. Emphasises the importance of a stronger and earlier involvement of stakeholders in designing, adopting, implementing and monitoring the measures to boost growth and citizens‘ rights in the single market; notes that many of the proposed measures of the Single Market Act fall within the responsibilities of national or sub- national authorities and thus would require their active involvement at all stages; emphasises furthermore that dialogue with the social partners and civil society is of the essence in restoring confidence in the single market;
2011/01/28
Committee: EMPL
Amendment 25 #

2010/2289(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Welcomes the Commission's proposal to develop a strategy to enable the wider application of the Internal Market Information System (IMI) and to integrate it with other networks for more efficient administrative cooperation and better implementation of internal market legislation;
2011/01/28
Committee: EMPL
Amendment 73 #

2010/2289(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Emphasises the important role of support networks such as SOLVIT and the European Consumer Centres in making the single market work for the European citizens and businesses; strongly welcomes the Commission's announcement to continue to promote a one-stop shop, integrating all existing services in one single access point and providing citizens and businesses with information and support concerning their rights in the single market as well as practical information on national rules and procedures; calls on the Member States to increase the public awareness of the one-stop shop and its constituent services;
2011/02/15
Committee: IMCO
Amendment 77 #

2010/2289(INI)

Motion for a resolution
Paragraph 14 b (new)
14b. Acknowledges the important role of EURES in facilitating the free movement of workers within the Union and ensuring the close cooperation between national employment services; calls on the Member States to increase the public awareness for this useful service to enable more EU citizens to fully benefit from employment opportunities across the EU;
2011/02/15
Committee: IMCO
Amendment 78 #

2010/2289(INI)

Motion for a resolution
Paragraph 14 c (new)
14c. Calls on the Commission to examine, on the basis of the announced public consultation, the possibility of creating a European form of collective redress for individual victims of competition law violations, based on the opt-in principle and taking into account the criteria laid down in the European Parliament resolution of 26 March 2009, stipulating that compensation should be paid to the identified group of people or their nominee only for the damage actually suffered; calls on the Commission to consider the ways in which such a mechanism could be incorporated into existing national legal system;
2011/02/15
Committee: IMCO
Amendment 2 #

2010/2278(INI)

Draft opinion
Paragraph 1
1. Takes the view that the internal market needs to be corrected in ordCalls on the Commission and Member States to ensure that services of general economic interest (SGEI) can easily be operated at the appropriate level, adhere to provide SGEI within a framework of universal access, high quality and affordability; takes the view that the Commission's proposal is not sufficient, and regclear financing rules, are of the highest possible quality and accessible to all; emphasises the importance of developing infrastructurets that it does not make reference to any legislative proposal, except in respect of concessions and public procurementfor the large network industries, including energy, transport services and electronic communications;
2011/01/27
Committee: EMPL
Amendment 8 #

2010/2278(INI)

Motion for a resolution
Recital A
A. whereas the Single Market is one of the main drivers of European growth and should be a real economic pillar of the EU by overcoming economic and competitiveness divergences, distortions and the uneven treatment of European enterprises andcompetitiveness of the European economy, which should strive to create a level playing field for enterprises and equal rights for all European citizens,;
2011/02/10
Committee: IMCO
Amendment 13 #

2010/2278(INI)

Draft opinion
Paragraph 2
2. Is disappointed at the absence of any proposals on social services; takes the view that these proposals are a long way from the quality framework promised by Mr Barroso;deleted
2011/01/27
Committee: EMPL
Amendment 13 #

2010/2278(INI)

Motion for a resolution
Recital B
B. whereas the Single Market is cannot only an institutional structure, facing economic, financial and social challenges, but also a way of protectbe regarded in purely economic terms, but as embedded in a wider legal framework providing specific fundamental rights tof citizens, consumers, workers and smallbusinesses, particularly small and medium-sized businesses (SMEs),;
2011/02/10
Committee: IMCO
Amendment 17 #

2010/2278(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission to introduce clear-cut legislation which defines SSGI on the basis of fundamental rights rather than economic prospects, strengthens the principles of subsidiarity and lfacilitate the application of EU rules by clarifying the criteria for the compatibility of state aids for social self- government and excludes SSGI from the application ofrvices of general interest (SSGI) and public procurement with the internal market rules;
2011/01/27
Committee: EMPL
Amendment 18 #

2010/2278(INI)

Motion for a resolution
Recital C
C. whereas too many obstacles stand in the way of citizens and SMEs wishing to move, shop, sell or trade across borders, and a lack of portability in social security rights, corporatism and red tape reduce the free movement of workers, service providers and professionalhe free movement of persons, businesses, services and capital is still hindered by, among others, red tape, insufficient harmonisation of rules, divergent or incorrect implementation and enforcement of EU legislation in the Member States and low portability of social security rights,
2011/02/10
Committee: IMCO
Amendment 22 #

2010/2278(INI)

Draft opinion
Paragraph 3 b (new)
3 a. Calls on the Commission to safeguard the principle of subsidiarity and refrain from proposing a directive on concessions, given the substantive cultural differences between Member States in this field;
2011/01/27
Committee: EMPL
Amendment 24 #

2010/2278(INI)

Draft opinion
Paragraph 4
4. Asks for the inclusion of a binding social clause in all relevant single market legislation, with a view to ensuring that competition rules respect fundamental rights and protecting and upholding the right to collective action and the right to strike in the corespect, in all legislative proposals, of Article 9 of the Treaty on the Funtioning of the European Union, in particular with regard to the promotion of a high level of employment, the guarantexte of the four freedoms; demadequate social protection ands the establishment of a special social chamber of the ECJ, with judges specialising in labour and social lawfight against social exclusion and of the Union's growth and jobs objectives;
2011/01/27
Committee: EMPL
Amendment 24 #

2010/2278(INI)

Motion for a resolution
Recital D
D. whereas the lack of a holistic vision for other horizontal policies, such as health, social and consumer protection, labour law, the environment and sustainable development, hampers the Single Market enlargementcompletion of the single market requires a holistic vision, integrating all relevant policies into a single market strategic objective, encompassing not only competition policies, but also, amongst others, industrial, consumer, energy, transport, digital, social, environment, climate change, trade, tax, regional, justice and citizenship policies,
2011/02/10
Committee: IMCO
Amendment 26 #

2010/2278(INI)

Motion for a resolution
Recital E
E. whereas the Single Market allows European consumers more choice at lower prices, especially for those who live in less accessible areas and those who suffer from reduced mobility,
2011/02/10
Committee: IMCO
Amendment 33 #

2010/2278(INI)

Draft opinion
Paragraph 4 d (new)
4 a. Welcomes the proposed Decision establishing a European Radio Spectrum Action Programme, in particular the freeing of the 800 MHz digital dividend band by 2013 to allow broadband coverage of rural areas and fast internet access for all citizens;
2011/01/27
Committee: EMPL
Amendment 34 #

2010/2278(INI)

Draft opinion
Paragraph 5
5. Calls for a revisWelcomes the announced legislative initiative on the implementation of the Posting of Workers Directive (96/71/EC1 ) with a view to protecting Member States‘ labour standards and industrial relations systems, including collective bargaining and different forms of collective action, and upholding the principle of equal pay for work of equal value rather than simply referring to minimum ratesensure respect of posted workers rights and clarify the obligations of national authorities and businesses. Calls on the Member States' to remedy shortcomings in the implementation and enforcement of the directive (96/71/EC);
2011/01/27
Committee: EMPL
Amendment 36 #

2010/2278(INI)

Motion for a resolution
Subheading 1
I. Core objectivesIntroduction
2011/02/10
Committee: IMCO
Amendment 39 #

2010/2278(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Commission Communication ‘Towards a Single Market Act’, and specifically Chapter II, ‘Restoring confidence by putting Europeans at the heart of the Single Market’, containing 19 initiatives oriented to European citizens;deleted
2011/02/10
Committee: IMCO
Amendment 45 #

2010/2278(INI)

Draft opinion
Paragraph 6
6. Believes that any reform of second- pillar pension systems should be aimed at reinforcing and complementing the first pillar, which guarantees adequate pensions; reminds the Commission that many Member States have a well- functioning first-pillar system in place; urges the Commission to take note of this and to use these examples as benchmarks acrosspension systems should generally continue to be regulated at the national level, following the principle of subsidiarity; however calls on Member States to coordinate their pension policies more effectively and to exchange best practices at European level in order to overcome common financial and demographic challenges; calls on the Commission and Member States to advance in the improvement of the portability of pensions for mobile workers within the EU;
2011/01/27
Committee: EMPL
Amendment 48 #

2010/2278(INI)

Motion for a resolution
Paragraph 2
2. Considers that efforts to achieve the Single Market also need to concentrate onaddress the concerns and rights of citizens, consumers and SMEs in order to overcome the current ‘European fatigue’and bring them tangible benefits in order to win their support for European integration; points out that the confidence of citizens and consumers cannot be taken for granted but needs to be nurtured;
2011/02/10
Committee: IMCO
Amendment 50 #

2010/2278(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Points out that competitiveness of the single market and its acceptance among citizens should not be regarded as contradictory, but as mutually reinforcing objectives; underlines that confidence of the citizens is just as indispensable for the successful completion of the single market as a favourable environment for enterprises; believes that economic integration should be framed appropriately by social, environmental and consumer protection measures to achieve both objectives;
2011/02/10
Committee: IMCO
Amendment 53 #

2010/2278(INI)

Motion for a resolution
Paragraph 3
3. Points out that the confidence of citizens and consumers cannot be taken for granted but needs to be nurtured;deleted
2011/02/10
Committee: IMCO
Amendment 54 #

2010/2278(INI)

Draft opinion
Paragraph 7
7. Calls on the Commission to develop a genuine restructuring strategy which actively involves all stakeholdlaunch a consultation with the social partners, including w orkders and their representatives; takes the view that information and consultation procedures pertain to all areas of activity within a company, the strategic decisions and choices made by that company and the anticipation of their impact on employment to create a European mechanism for the anticipation of industrial restructuring, so that resources can be redirected into emerging sectors more effectively and employees can be offered more and better new opportunities;
2011/01/27
Committee: EMPL
Amendment 61 #

2010/2278(INI)

Draft opinion
Paragraph 8
8. Welcomes the Commission's intention to revise the Professional Qualifications Directive (2005/36/EC2 ), and to consider the introduction of a professional card which wcould contain – at the very least –, among others, information on qualifications, work experience and tax compliance while observing personal data protection rules; proposes that consideration be given to combining the skills passport with the professional card so that there is a single, uniform card at EU level;
2011/01/27
Committee: EMPL
Amendment 61 #

2010/2278(INI)

Motion for a resolution
Paragraph 4
4. Considers that the Communication’s proposals are still too weak to put citizens at the heart of the Single Market, and the proliferating number of EU initiatives without clear prioritisation creates a need for consistency and good governance to ensure the coherence of European integration measures;deleted
2011/02/10
Committee: IMCO
Amendment 70 #

2010/2278(INI)

Motion for a resolution
Paragraph 5
5. Highlights the priorities set out in the 19 proposals in accordance with five criteria – basic social rights, consumer rights, free movement of workers, free movement of goods and socially orientConsiders that the 19 proposals by the Commission need to be assessed and prioritised accorporate institutions – to provideding to their relevance and their tangible benefits for European citizens and enterprises in a feasible period of times well as their feasibility and their coherence with the other objectives of the Single Market Act;
2011/02/10
Committee: IMCO
Amendment 72 #

2010/2278(INI)

Draft opinion
Paragraph 11
11. Welcomes the Commission initiative to enhance corporate governance, with the specific goal of increasing employee involvement and improving the transparency of information provided by businesses, including management remuneration; calls for a coherent approach that involves setting high minimum standards and promoting information and consultation rights for employees and their representatives, along with boardro and social responsibility, particularly the promotion of employee shareholding schemes, the strengthening of long-term shareholder commitment and increased transparency; however rejects binding rules for com participation rights.nies in this regard;
2011/01/27
Committee: EMPL
Amendment 74 #

2010/2278(INI)

Motion for a resolution
Subheading 2
II. Common principles and valuesdeleted
2011/02/10
Committee: IMCO
Amendment 78 #

2010/2278(INI)

Motion for a resolution
Subheading 2
II. Common principles and valuesGeneral assessment of the Communication by the European Commission
2011/02/10
Committee: IMCO
Amendment 79 #

2010/2278(INI)

Motion for a resolution
Subheading 2 b (new)
Considers that many of the Communication’s proposals are still too vague to put citizens at the heart of the Single Market, and the proliferating number of EU initiatives needs to be narrowed down to a limited number of key priorities;
2011/02/10
Committee: IMCO
Amendment 80 #

2010/2278(INI)

Motion for a resolution
Subheading 2 a (new)
Welcomes the Commission Communication ‘Towards a Single Market Act’, and its ambition to restore the confidence of European citizens by ‘putting them at the heart of the Single Market’ with a number of specific measures;
2011/02/10
Committee: IMCO
Amendment 84 #

2010/2278(INI)

Motion for a resolution
Paragraph 6
6. InsistCalls on the need to insert a ‘horizontal social clause’ in all Single Market legislation so that policy is developed centring on citizens’ basic social rights: (a) the right to take collective action, (b) workers’ rights and labour law, and (c) employment protection, anticipating the planning of industrial restructuring in accordance with Article 9 of the Treaty on the Functioning of the European Union and the Charter of Fundamental RightsCommission to take proper account of the provisions laid down in Article 9 TFEU and the European Charter of Fundamental rights when assessing the social impact of EU legislation; emphasizes that the social, economic and environmental pillars of legislative impact assessments should be given equal value;
2011/02/10
Committee: IMCO
Amendment 94 #

2010/2278(INI)

Motion for a resolution
Paragraph 7 – introductory part
7. Reaffirms the importance of each of the following proposals’ impact on the lives of European citizens: 7.1 application of the horizontal social clause to all measures as a common priority; 7.2. revision of the Posting of Workers Directive; 7.3. a framework directive on services of general economic interest; 7.4. a new regulation on the recognition of professional qualifications, on improving human resources mobility, and on providing equal access and opportunities for citizens; 7.5. immediate action on a single mortgage market, to help the recovery of the housing market and European citizens’ confidence in the relevant financial instruments; 7.6. an appropriate EU-financed trans- European transport and energy network, as a form of social and territorial inclusion for European citizens and economies; 7.7. effective regulation of market surveillance and product safety, to reinforce consumer protection;deleted
2011/02/10
Committee: IMCO
Amendment 120 #

2010/2278(INI)

Motion for a resolution
Paragraph 8
8. Calls upon the Member States and the Commission to promote communication with citizens to ensure their rights are widely known, understood and enforcapplied;
2011/02/10
Committee: IMCO
Amendment 128 #

2010/2278(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Welcomes the various concrete proposals by the Commission to facilitate the mobility of persons in the single market;
2011/02/10
Committee: IMCO
Amendment 133 #

2010/2278(INI)

Motion for a resolution
Paragraph 9
9. Stresses the need to facilitate the recognition of professional qualifications; guarantee the portability of mobile workers’ pension funds; provide training outside the classroom leading to a skills passport; and introduce the ‘youth on the move’ card; by revising the current directive and improving its implementation; believes that professional cards could be a concrete measure to facilitate mobility of professionals in the single market, at least in certain sectors; urges the Commission, ahead of its review, to carry out an impact assessment for the creation of European professional cards, taking into consideration their benefits, added-value and costs;
2011/02/10
Committee: IMCO
Amendment 135 #

2010/2278(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Suggests to the Commission to also examine in its impact assessment to which extent the proposed professional card and ‘European Skills Passport’ could be integrated in one single card to achieve synergies;
2011/02/10
Committee: IMCO
Amendment 138 #

2010/2278(INI)

Motion for a resolution
Paragraph 9 b (new)
9b. Welcomes the Commission’s objective to increase mobility particularly among young people; seeks further clarification of the added value of a Youth on the Move card; calls on the Commission to further pursue the possibility 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;
2011/02/10
Committee: IMCO
Amendment 140 #

2010/2278(INI)

Motion for a resolution
Paragraph 9 c (new)
9c. Is disappointed that the Commission's Communication on the Single Market Act does not include a proposal on further reducing roaming charges for mobile phone calls in the Single Market, since this would be one of the most tangible measures with a concrete benefit for most citizens; deplores that EU regulations seem to be the only way to achieve price caps due to a lack of competition in the telecommunications sector; urges the Commission to completely abolish roaming charges for mobile phone calls in 2011 and to propose a multiannual plan to subsequently reduce data roaming charges to zero until 2015;
2011/02/10
Committee: IMCO
Amendment 141 #

2010/2278(INI)

Motion for a resolution
Paragraph 9 c (new)
9c. Calls on the Commission to improve the portability of pension rights, particularly in the field of occupational pensions; believes that all other aspects of pension systems should generally continue to be regulated at national level, following the principle of subsidiarity; calls on Member States to coordinate their pension policies more effectively and to exchange best practices at European level;
2011/02/10
Committee: IMCO
Amendment 142 #

2010/2278(INI)

Motion for a resolution
Paragraph 9 d (new)
9d. Welcomes the announced legislative initiative on the implementation of the Posting of Workers Directive (96/71/EC) with a view to ensure respect of posted workers’ rights and clarify the obligations of national authorities and businesses. Calls on the Member States’ to remedy shortcomings in the implementation and enforcement of the directive (96/71/EC);
2011/02/10
Committee: IMCO
Amendment 143 #

2010/2278(INI)

Motion for a resolution
Paragraph 9 e (new)
9e. Calls on the Commission and Member States to ensure that services of general economic interest (SGEI) can easily be operated at the appropriate level, adhere to clear financing rules, are of the highest possible quality and accessible to all; notes that the necessity of any additional measures regarding SGEI at EU level would need to be assessed separately within the specific context of each sector, respecting the principle of subsidiarity;
2011/02/10
Committee: IMCO
Amendment 144 #

2010/2278(INI)

Motion for a resolution
Paragraph 9 f (new)
9f. Calls on the Commission to facilitate the application of EU rules by clarifying the criteria for the compatibility of state aids and public procurement for social services of general interest (SSGI) with the internal market; rejects legislative measures on SSGI at European level;
2011/02/10
Committee: IMCO
Amendment 145 #

2010/2278(INI)

Motion for a resolution
Paragraph 9 g (new)
9g. Welcomes the Commission’s proposal to create a single mortgage market, reducing barriers for mortgage providers to do business in another Member State and obstacles for citizens to obtain a mortgage in another Member State, such as lack of consumer protection, legal uncertainty and insufficient comparability of mortgage providers;
2011/02/10
Committee: IMCO
Amendment 146 #

2010/2278(INI)

Motion for a resolution
Paragraph 9 h (new)
9h. Emphasises that the enforcement of fair competition and product safety in the single market calls for more effective and uniform market surveillance; proposes to the Commission to establish a common European framework for market surveillance to detect products which do not comply with EU requirements, particularly before or when entering the internal market at its external borders. Calls on the Commission to play a more active role in coordinating the activities of national market surveillance and customs authorities; calls on Member States and the Commission to deploy adequate resources for efficient market surveillance activities;
2011/02/10
Committee: IMCO
Amendment 147 #

2010/2278(INI)

Motion for a resolution
Paragraph 9 i (new)
9i. Welcomes the Commission’s announced measure to ensure access to certain basic banking services; notes that scrutiny measures applied to customers who are considered to represent higher risks for banks should be objectively justified and proportionate; welcomes the proposed initiative to improve the transparency and comparability of bank charges;
2011/02/10
Committee: IMCO
Amendment 153 #

2010/2278(INI)

Motion for a resolution
Paragraph 10
10. Calls for measures to set up a legal framework for foundations, cooperatives and mutual associations, to prevent legal uncertainty and to ensure there are socially oriented corporate institutions and socially innovative corporate projects in the area of services of general interes, facilitate cross-border operations and to ensure that such enterprises are able to make the most of their innovative, social and cultural potential in the Single Market;
2011/02/10
Committee: IMCO
Amendment 164 #

2010/2278(INI)

Motion for a resolution
Paragraph 11
11. Stresses the importance of training civil servants in Single Market rules, market surveillance and product safety;deleted
2011/02/10
Committee: IMCO
Amendment 173 #

2010/2278(INI)

Motion for a resolution
Subheading 3
III . Gapsdeleted
2011/02/10
Committee: IMCO
Amendment 176 #

2010/2278(INI)

Motion for a resolution
Paragraph 12
12. Considers that the programme does not sufficiently analyse the causes of market fatigue or the expectations of Europe’s citizens from a revived Single Market;deleted
2011/02/10
Committee: IMCO
Amendment 184 #

2010/2278(INI)

Motion for a resolution
Paragraph 13
13. Regrets the lack of concrete proposals on the collective redress mechanism, except for continuing the consultation;deleted
2011/02/10
Committee: IMCO
Amendment 193 #

2010/2278(INI)

Motion for a resolution
Paragraph 14
14. Considers that the Communication does not stress the importanalls on the Commission and Member States to ensure that services of social services; considers this is far from the quality framework promised by the Commission Presidentgeneral economic interest (SGEI) can easily be operated at the appropriate level, adhere to clear financing rules, are of the highest possible quality and accessible to all; notes that the necessity of any additional measures regarding SGEI at EU level would need to be assessed separately within the specific context of each sector, respecting the principle of subsidiarity;
2011/02/10
Committee: IMCO
Amendment 200 #

2010/2278(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Calls on the Commission to facilitate the application of EU rules by clarifying the criteria for the compatibility of state aids and public procurement for social services of general interest (SSGI) with the internal market; rejects legislative measures on SSGI at European level;
2011/02/10
Committee: IMCO
Amendment 206 #

2010/2278(INI)

Motion for a resolution
Paragraph 15
15. Emphasises the lack of a Digital Single Market, and calls for the democratisation of broadband and for continuous review of the Regulation on the telecoms sector ensuring privacy, data protection, and the protection of vulnerable groupWelcomes the proposed Decision establishing a European Radio Spectrum Action Programme, in particular the freeing of the 800 MHz digital dividend band by 2013 to allow broadband coverage of rural areas and fast internet access for all citizens;
2011/02/10
Committee: IMCO
Amendment 208 #

2010/2278(INI)

Motion for a resolution
Paragraph 16
16. Calls on the Commission to review Directive 2001/29/EC on copyright in the information society;deleted
2011/02/10
Committee: IMCO
Amendment 214 #

2010/2278(INI)

Motion for a resolution
Subheading 4
IV. Short-term strategKey priorities
2011/02/10
Committee: IMCO
Amendment 216 #

2010/2278(INI)

Motion for a resolution
Paragraph 17 – introductory part
17. Calls for short-term strategies: (a) to enhance European market surveillance, improve access to basic banking services, create a single integrated mortgage market and remove tax obstacles and double taxation; (b) to implement an e-commerce policy in order to increase citizens’ and consumers’ confidence when shopping online; (c) to devise an action plan against counterfeiting and piracy as a major preventive tool, in order to ensure that goods circulating in the Single Market are safe to consume, of the appropriate standard and legal; (d) to develop an effective communication policy on the Single Market Act, based on a policy audit assessing its tangible benefit (tangibility) to citizens; (e) to introduce a system of benchmarks, based on the horizontal social clause, to assess the relevance of all Single Market measures in terms of their social impact, tangibility and feasibility;deleted
2011/02/10
Committee: IMCO
Amendment 220 #

2010/2278(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Calls on the Commission to consider the following list of proposals as key priorities of the European Parliament, (a) Calls on the Commission to increase mobility of European citizens, notably by proposing a revision of the directive on the recognition of professional qualifications in 2012 and by assessing the possibility of a professional card and a ‘European Skills Passport’ in 2011, (b) Urges the Commission to completely abolish roaming charges for mobile phone calls in 2011 and to propose a multiannual plan to subsequently reduce data roaming charges to zero until 2015, (c) Calls on the Commission to draw up a multiannual action plan in 2011 for a more effective and uniform market surveillance, including a common European framework, a more active role of the Commission in coordinating the activities of national market surveillance and customs authorities and the provision of adequate resources for efficient market surveillance activities, (d) Calls on Member States to swiftly adopt the Commission proposal for a Decision establishing a European Radio Spectrum Action Programme, in particular the freeing of the 800 MHz digital dividend band by 2013 to allow broadband coverage of rural areas and fast internet access for all citizens, (e) Calls on the Commission to ensure access to certain basic banking services by means of a legislative proposal as soon as possible 2011 and to improve the transparency and comparability of bank charges with a self-regulatory initiative by the end of 2011,
2011/02/10
Committee: IMCO
Amendment 5 #

2010/2277(INI)

Draft opinion
Paragraph 1
1. Believes that the Single Market can and should be re-launched so as to offer more growth andfor businesses, more and better jobs for European businesses, workers andworkers and more choice, lower prices and adequate protection for consumers;
2011/01/27
Committee: EMPL
Amendment 20 #

2010/2277(INI)

Draft opinion
Paragraph 3
3. Points out that one of the main problems for SMEs in times of economic downturn is their access to finance; strongly supports the proposal for an action plan to improve SMEs‘ access to capital markets; emphasises the need to make European funding programmes easier and less bureaucratic and to attract more private venture capital investments in this regard;
2011/01/27
Committee: EMPL
Amendment 28 #

2010/2277(INI)

Draft opinion
Paragraph 5
5. Strongly supports the efforts to pursue international trade negotiations; reiterates in this respect the importance of including social standards in all trade agreements concluded between the EU and third countries, where applicable;
2011/01/27
Committee: EMPL
Amendment 42 #

2010/2277(INI)

Motion for a resolution
Paragraph 2
2. Stresses, particularly in view of the economic and financial crisis, the importance of the Single Market for the competitiveness of EU enterprises and for the growth and stability of European economies, and welcomes the holistic approach used in the Communication;
2011/02/10
Committee: IMCO
Amendment 45 #

2010/2277(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Calls therefore on the Commission to submit an ambitious package of measures supported by a clear and coherent strategy to promote the competitiveness of the internal market;
2011/02/10
Committee: IMCO
Amendment 53 #

2010/2277(INI)

Draft opinion
Paragraph 8
8. Stresses the importance of putting pre- commercial public procurement to better use in support of innovation, which is an essential condition for sustainable growth, employment, and social progress and innovation; urges the Commission to undertake initiatives to open up and facilitate access to public procurement for SMEs both in the EU and in third countries.
2011/01/27
Committee: EMPL
Amendment 59 #

2010/2277(INI)

Draft opinion
Paragraph 8 a (new)
8 a. Underlines that employment depends not least on the effective protection of intellectual property rights; therefore welcomes the Commission's announcement to make legislative proposals to tackle the new challenges posed by piracy on the Internet and to improve customs activities in this area;
2011/01/27
Committee: EMPL
Amendment 87 #

2010/2277(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Welcomes the initiative announced by the Commission aimed at combating trade mark and product piracy, and in particular the legislative proposals due for submission in 2011 seeking to adjust the legal framework to the new challenges of the internet and to strengthen measures by the customs authorities in this area; notes that in this connection synergies could also be achieved with the forthcoming action plan to enhance European market surveillance;
2011/02/10
Committee: IMCO
Amendment 103 #

2010/2277(INI)

Motion for a resolution
Paragraph 9
9. Calls on the Commission to take the appropriate measures to enhance the confidence of businesses in e-commerce, namely by harmonizing contract law where possible and useful and by facilitating cross-border debt recovery;
2011/02/10
Committee: IMCO
Amendment 213 #

2010/2277(INI)

Motion for a resolution
Paragraph 19
19. Invites the Commission to propose a legal framework for services concessions that would ensure transparency, effective judicial protection for bidders and legal certaintyWelcomes in principle any initiatives for concessions which would contribute to the opening of markets and the strengthening of competition; points out that a European legal framework for services concessions can only lead to more transparency, legal certainty, savings for local authorities and enhanced quality if certain conditions are met; fears, however, that an overarching European set of rules would lead to the preferential award of concessions to public establishments and mixed-economy undertakings and would not take sufficient account of the differing market structures and needs of economic operators in the various sectors and Member States; calls, therefore, on the Commission to observe the subsidiarity principle and refrain from submitting a legislative proposal on services concessions;
2011/02/10
Committee: IMCO
Amendment 221 #

2010/2277(INI)

Motion for a resolution
Paragraph 21
21. Welcomes the intention by the European Commission to propose a legislative reform of the standardization framework, also covering services; stresses that the standardisation of services should lead to the completion of the single market where this has been shown to be worthwhile, and in particular must take full account of the needs of SMEs;
2011/02/10
Committee: IMCO
Amendment 2 #

2010/2245(INI)

Draft opinion
Paragraph 1
1. Underlines that the rapid development towards the innovation unEuropean internal market contributes positively to the implementation of innovations and the launch of a European Social Innovation pilot would have a high impact on productivity and would enable sustainable economic growth as well as job creationnce to growth and job creation by encouraging competition and increasing the potential custom for innovative products and services; welcomes the Commission’s broad strategic approach, which combines both demand- and supply-based instruments with horizontal and sectoral instruments;
2011/03/03
Committee: IMCO
Amendment 10 #

2010/2245(INI)

Draft opinion
Paragraph 2
2. Stresses the need for SMEs and micro- enterpriserapidly growing and innovative SMEs to have access to affordable finance by increasing the scope for participation in different innovative projectensuring the availability of credit guarantee and loan guarantee schemes; sees a need to leverage existing programmes at national and EU level and endorses the important role played by EIB SME loans; stresses the need to improve the European venture capital market by creating more investment incentives for private investors, eliminating obstacles to cross- border operation of venture capital funds and facilitating the listing of innovative businesses on stock exchanges; urges the Commission to take appropriate steps to improve the functioning of the EU’s funding programmes by rewarding enterprises that prosimplifying the complex administrative procedures and making motre innovative projectsfunding available, particularly for the CIP Programme;
2011/03/03
Committee: IMCO
Amendment 15 #

2010/2245(INI)

Draft opinion
Paragraph 3
3. Strongly advocates anAcknowledges that harmonised rules on products in the internal market, for example in the field of eco-innovation, action plan centred on SMEs and micro- enterprises in urban and rural regions whereby they would employ young peoplere an important precondition for the introduction of innovative products; calls on the Commission, in its impact assessments, to assess carefully the impact of further harmonisation geared to eco- innovation on competitiveness, jobs and the environment and to take account of the needs of SMEs;
2011/03/03
Committee: IMCO
Amendment 21 #

2010/2245(INI)

Draft opinion
Paragraph 4
4. Stresses the importance of speeding up the simplification ofimplifying the EU’s research and innovation programmes and making grant application procedures less bureaucratic in order to increase the scopeincentives for enterprises to participate in EU-funded projects;
2011/03/03
Committee: IMCO
Amendment 27 #

2010/2245(INI)

Draft opinion
Paragraph 5
5. Urges the Commission to support the efforts of the public sector to adopt innovative approaches, exploiting new technologies and procedures, for example in the field of e-government, and disseminating best practices in public administration which will reduce bureaucracy and embrace citizen-centred policies;
2011/03/03
Committee: IMCO
Amendment 34 #

2010/2245(INI)

Draft opinion
Paragraph 6
6. Calls on the Commission and Member States to encourage the use of pre- commercial procurement as an integral part of the EU’s innovation strategy; calls in particular on the Commission to clarify the relevant rules and enablesupport contracting authorities across the board to make actualin making more transparent use of pre-commercial procurement, without prejudice to the competition rules which are applicable;
2011/03/03
Committee: IMCO
Amendment 41 #

2010/2245(INI)

Draft opinion
Paragraph 7
7. Calls on the Commission and the Member States to launch a strategy and an open dialogue aimed at tackling high prices, in particular for basic goods and services, in the internal market and support affordable innovative products without undermining wages.deleted
2011/03/03
Committee: IMCO
Amendment 47 #

2010/2245(INI)

Draft opinion
Paragraph 7 a (new)
7a. Calls on the Commission and Member States to adopt without delay the EU patent and the European patent court system under the enhanced cooperation procedure;
2011/03/03
Committee: IMCO
Amendment 48 #

2010/2245(INI)

Draft opinion
Paragraph 7 b (new)
7b. Welcomes the promised Commission initiative to accelerate and modernise the adoption of European standards, particularly the adjustments necessitated by the special dynamics of the ICT sector and improved access to standards for SMEs;
2011/03/03
Committee: IMCO
Amendment 23 #

2010/2239(INI)

Draft opinion
Paragraph 5
5. Calls upon Member States to strengthen the access of SMEs, in particular micro companies and individual service providers (such as freelancers), to adequate pension systemfunds.
2010/12/17
Committee: IMCO
Amendment 24 #

2010/2239(INI)

Draft opinion
Paragraph 6
6. Welcomes the establishment of national tracing systems for pension rights from different sources in all Member States, and calls upon the Commission to submit proposals for a European tracing system.
2010/12/17
Committee: IMCO
Amendment 30 #

2010/2239(INI)

Draft opinion
Paragraph 7
7. Emphasises that to meet citizen's expectations as regards the Union's internal market, ideally all pension rights should be portable within the EU; considers that currently only statutory and occupational pensions are portable in theory. Is of the opinion that contributions paid by workers into other pension funds should be portable in order to comply more quickly with existing national statutory portability deadlines.
2010/12/17
Committee: IMCO
Amendment 34 #

2010/2239(INI)

Draft opinion
Paragraph 8
8. Calls upon the Commission to further examine the obstacles to portability, such as account; any action on removing obstandards and fiscal barriers, in order to submit proposals to remove these, accompanied with appropriate supervision meascles for mobility should concern all work related pension schemes in every Member State, independent of how these schemes are submitted to national pillar structures; asks the European Commission to define general principles with sufficient flexibility for the Member States to accommodate them within their own (legal) structures. ;
2010/12/17
Committee: IMCO
Amendment 68 #

2010/2239(INI)

Motion for a resolution
Paragraph 4
4. Observes that sound economic and social policies make an important contribution to growth and stability; points out that the social partners have a decisive role to play in that connection;
2011/01/10
Committee: EMPL
Amendment 111 #

2010/2239(INI)

Draft opinion
Paragraph 12
12. Observes that the implementation of the IORP Directive by Member States generally has been delayed;IORP Directive was only implemented by all the Member States a few years ago and thus has not yet produced its full effects and that for IORPs - unlike life insurance understands that Member States have had difficulty in incorporating these new rules and pkings - the internal market plays only a secondary role (at present only some 90 of the roughly 150 000 IORPs in Europe are engaged in cross-border activity; suggests that no action should be taken until further experienciples in their national system; e has been gained with the implementation of the directive;
2010/12/10
Committee: ECON
Amendment 119 #

2010/2239(INI)

Draft opinion
Paragraph 13
13. Calls on the Commission to clarify when a cross-border activity is triggered, also taking into account the provisions of the Posted workers Directive and the position of expatriates in general, and that national social and labour laws, including compulsory membership, applies only to pension schemes; in addition calls on the Commission to further harmonise rules concerning technical provisions, in particular the technical rate of interest, in order to prevent supervisory arbitrage; suggests that Member States should allow ring fencingUrges, with regard to undertakings which are engaged in cross-border activity and which have IORPs, that consideration should be given to ways of eliminating existing obstacles stemming from the provisions of the pension fund directive and their implementation by national supervisory bodies;
2010/12/10
Committee: ECON
Amendment 127 #

2010/2239(INI)

Draft opinion
Paragraph 13 a (new)
13a. Points out that biometric differences (mortality and disability rates), continuing differences in the legal structure of IORPs and differences in national social, tax and labour law mean that a harmonisation of technical standards at European level will be ineffective;
2010/12/10
Committee: ECON
Amendment 142 #

2010/2239(INI)

Draft opinion
Paragraph 14
14. Considers that Solvency II is a valuable starting point for developing a solvency regime for IORPs; underlines that such a regime needs to be adapted to the specificities of pensions, in particular as regards the conditionality of pension rights, the duration of pension portfolios and the dedicated purpose vehicle operating a homogenous product portfola revision of the rules on own capital would impose a disproportionate burden on employers and IORPs and thus undermine their economic efficiency and impede the spread of occupational retirement pension provision;
2010/12/10
Committee: ECON
Amendment 158 #

2010/2239(INI)

Draft opinion
Paragraph 15
15. Considers the qualitative elements of Solvency II to be of great importance for their application to IORPs; notes that this applies in particular to requiNotes that an occupational retirement pension is a welfare benefit voluntarily provided by a firm for its employees, and not a financial service, and that, in addition, because of their specific features (statutory secondary liability, employee repremsents in relation to good risk managementation on decision-making bodies, etc.) IORPs differ significantly from insurance undertakings;
2010/12/10
Committee: ECON
Amendment 166 #

2010/2239(INI)

Draft opinion
Paragraph 16
16. Observes that pension funds, including IORPs, are still regulaTakes the view that there is no need to apply Solvency II to IORPs, since the pensions of the employees involved are currently guaranteed and supervised as stand alone financial entities, although in practice conglomerates undertake these activitieto a sufficient degree by the employers' secondary liability; applying the Solvency II rules would impose a disproportionate burden on European IORPs by comparison with non-European instítutions;
2010/12/10
Committee: ECON
Amendment 171 #

2010/2239(INI)

Motion for a resolution
Paragraph 12
12. Stresses that, within the diversity of pension systems, the general systemscombination of state (first pillar) combined with, work-related systems (second pillar) and private systems affords the best guarantee of adequate pension provision;
2011/01/10
Committee: EMPL
Amendment 190 #

2010/2239(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Draws attention to the successful models for occupational pension provision, which are based on the concept of social or company partnerships;
2011/01/10
Committee: EMPL
Amendment 354 #

2010/2239(INI)

Motion for a resolution
Paragraph 23
23. Notes that, in the first pillar, pension entitlements are governed by the relevant coordinating Regulation, but that, for second-pillar pensions, arrangements are needed to ensure portability, although entitlements under occupational pension schemes do not constitute a major hindrance to mobility;
2011/01/10
Committee: EMPL
Amendment 355 #

2010/2239(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Rejects the concept of a supplementary implementation arrangement laid down at European level (28th regime) because it would bring no added value given the need for it to connect in various ways with the wide range of national taxation and social security systems;
2011/01/10
Committee: EMPL
Amendment 366 #

2010/2239(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Notes that occupational pension provision in the form of in-company schemes does not work at transnational level;
2011/01/10
Committee: EMPL
Amendment 368 #

2010/2239(INI)

Motion for a resolution
Paragraph 24 b (new)
24b. Points out that European-level harmonisation of technical standards is not helpful, due to biometric differences (in mortality rates and likelihood of invalidity), continuing differences in the legal structure of IORPs and differences in national social-security, tax and labour laws;
2011/01/10
Committee: EMPL
Amendment 369 #

2010/2239(INI)

Motion for a resolution
Paragraph 24 c (new)
24c. Underscores the point that employer- financed occupational pension schemes are a form of voluntary provision by employers, one of the aims of which is to reward and promote employee loyalty; considers, therefore, that because, under labour law, the provision of this type of occupational pension is at the discretion of the employer, who also determines its level and the form it takes, a vesting period of several years is justified; points out that the reduction of vesting periods, by increasing the financial burden on employers, would have the effect of making them less willing to enter into voluntary commitments, ultimately resulting in the curtailment or abolition of this form of supplementary occupational pension provision for individual employees – an outcome at odds with the intended social-policy objectives;
2011/01/10
Committee: EMPL
Amendment 370 #

2010/2239(INI)

Motion for a resolution
Paragraph 24 d (new)
24d. Points out the risk that successful and sustainable old-age pension schemes could be unnecessarily burdened, or indeed that their viability could be threatened; considers it necessary that portability standards should not apply in an unrestricted way to internal implementation arrangements which retain liquidity within companies and which would be substantially affected by an obligation to release such liquidity in the event of transfer;
2011/01/10
Committee: EMPL
Amendment 382 #

2010/2239(INI)

Motion for a resolution
Paragraph 26
26. Considers that the second pillar must be available to all employees by right, without any discrimination on grounds of sex, sector and/or employment contract;deleted
2011/01/10
Committee: EMPL
Amendment 391 #

2010/2239(INI)

Motion for a resolution
Paragraph 27
27. Calls on the Commission to investigate how employees’ right to participate in the second pillar can be facilitated and to make proposals for developing such a pillar where it does not yet exist;deleted
2011/01/10
Committee: EMPL
Amendment 402 #

2010/2239(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Considers that fresh investigation of the question of transfer is not useful because European-level arrangements are neither necessary nor helpful and they would make no contribution whatever to achieving the aims set out in the Commission green paper;
2011/01/10
Committee: EMPL
Amendment 419 #

2010/2239(INI)

Motion for a resolution
Paragraph 30
30. Supports thePoints out that a decision has already been taken to establishment of the European Insurance and Occupational Pensions Authority (EIOPA); stresses the need to equip it so that it can perform effectively the tasks entrusted to it;
2011/01/10
Committee: EMPL
Amendment 18 #

2010/2234(INI)

Draft opinion
Paragraph 5 b (new)
5b. Notes that there is also an internal market in professional training, and calls on the Member States to establish more advice centres on training opportunities and professional mobility, both in their own country and in other Member States;
2011/02/15
Committee: IMCO
Amendment 6 #

2010/2206(INI)

Draft opinion
Recital C a (new)
Ca. whereas a revision of the Package Travel Directive forms part of the Commission’s programme of work for 2011,
2011/01/27
Committee: IMCO
Amendment 7 #

2010/2206(INI)

Draft opinion
Recital C b (new)
Cb. whereas e-commerce is of growing importance, in tourism as in other fields,
2011/01/27
Committee: IMCO
Amendment 12 #

2010/2206(INI)

Draft opinion
Paragraph 1 a (new)
1a. Strongly supports the Commission’s efforts to introduce a professional card valid throughout Europe as part of the assessment of the Professional Qualifications Directive; considers that the first such professional card to be introduced could be for tour guides;
2011/01/27
Committee: IMCO
Amendment 25 #

2010/2206(INI)

Draft opinion
Paragraph 2 a (new)
2a. Observes that tourism businesses need comparable, high-quality statistical data for purposes of long-term planning of supply and demand structures and in order to develop tourist destinations; calls therefore on the Commission, insofar as lies within its power, to ensure that these data are available for the whole of Europe;
2011/01/27
Committee: IMCO
Amendment 28 #

2010/2206(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission and the Member States to draw up and enforce European standards – such asparticularly fire- protection rules and child safety standards – on the safety of tourist amenities;
2011/01/27
Committee: IMCO
Amendment 39 #

2010/2206(INI)

Draft opinion
Paragraph 4
4. Calls on the Commission to support barrier-free and age-adapted tourism and introduce a European quality label for tourist destinations which make barrier- free travel possible for the elderly; notes that with this aim in view the Calypso programme should be assessed, in conjunction with stakeholders, and, if appropriate, continued; in doing this, however, care should also be taken to ensure that these programmes are self- financing in the long term.
2011/01/27
Committee: IMCO
Amendment 46 #

2010/2206(INI)

Draft opinion
Paragraph 4 a (new)
4a. Calls on the Commission and Member States, in their tourism strategies, to devote particular attention to cross-border regional and local tourism;
2011/01/27
Committee: IMCO
Amendment 55 #

2010/2206(INI)

Draft opinion
Paragraph 4 b (new)
4b. Calls on the Commission to assess each new measure in the field of tourism thoroughly to ensure that it is efficient and can be administered and financed;
2011/01/27
Committee: IMCO
Amendment 59 #

2010/2206(INI)

Draft opinion
Paragraph 4 c (new)
4c. Considers that the common European heritage should be promoted more, for example European cultural routes; takes the view that cooperation with other institutions, such as the Council of Europe, should also be sought here;
2011/01/27
Committee: IMCO
Amendment 6 #

2010/2137(INI)

Draft opinion
Paragraph 3
3. Stresses the need for developing synergies between competition and consumer protection policies, including a study of how creating a European form of collective redress for individual victims of competition law violations could be incorporated into existing national legal systems;
2010/10/28
Committee: IMCO
Amendment 19 #

2010/2137(INI)

Draft opinion
Paragraph 6
6. ProposesSupports firmly the creation of a European patent and an EU-wide patent dispute settlement mechanism to tackle competition distortions caused by the current provisions on patents;
2010/10/28
Committee: IMCO
Amendment 1 #

2010/2099(INI)

Draft opinion
Paragraph 1
1. Citation of the Monti Report1 and Parliament’s resolution on ‘Delivering a Single market’2whereas it is essential to proper European economic governance that the internal market be completed as envisaged in the Monti Report1, 1 ‘A new strategy for the single market – at the service of Europe’s economy and society’, report to the President of the European Commission, by Professor Mario Monti, 9 May 2010. 2 P7_TA(2010)0186.
2010/09/22
Committee: IMCO
Amendment 5 #

2010/2099(INI)

Draft opinion
Paragraph 5
5. Complete the existing SGP, including a new system of governance, with a separate ‘Growth and Employment Pact’ based on real economic objectives including employment and investment, in order to give job creation equal importance to the control of public deficit, and also designed as a legal instrument based on article 121 TFEU (Recommendation 1, new indent),deleted
2010/09/22
Committee: IMCO
Amendment 9 #

2010/2099(INI)

Draft opinion
Paragraph 6
6. Establish an enhanced analytical surveillance framework (including a scoreboard with specific trigger values for early warning) with appropriate methodological tools and transparency for an effective multilateral surveillance based on key economic indicators (real and nominal), which may affect competitiveness positions, including, but not limited to, growth rate, composition of the national GDP, employment rate, real exchange rate developments, labour cost developments, current account/balance of payments developments, credit growth, capital formation and inflows, productivity developments, asset markets (including private debt and property markets) developments, and investment in R&D as a % of GDP, reduction of greenhouse gas emissions, rate of achievement of tertiary and secondary education and reduction of poverty (Recommendation 1, Indent 2),
2010/09/22
Committee: IMCO
Amendment 14 #

2010/2099(INI)

Draft opinion
Paragraph 8 a (new)
8a. Start the European Semester early in the year with a horizontal review under which the European Council, based on analytical input from the Commission, would identify the main economic challenges facing the Union and the euro area and give strategic guidance on policies; Member States would take the conclusions of this horizontal review into account when preparing their SCPs and National Reform Programmes (NRPs) (Recommendation 1, Indent 9a (new)),
2010/09/22
Committee: IMCO
Amendment 15 #

2010/2099(INI)

Draft opinion
Paragraph 8 b (new)
8b. Issue SCPs and NRPs at the same time, allowing the growth and fiscal impact of reforms to be reflected in the national annual and multiannual national budgetary strategy and targets, while respecting national rules and procedures (Recommendation 1, Indent 10),
2010/09/22
Committee: IMCO
Amendment 16 #

2010/2099(INI)

Draft opinion
Paragraph 8 c (new)
8c. Ensure more accountability and transparency towards Parliament of the Union-level assessment of SCPs and NRPs in order to increase public awareness and peer pressure at a time when important budgetary decisions are still in preparation at the national level (Recommendation 1 – Indent 14),
2010/09/22
Committee: IMCO
Amendment 18 #

2010/2099(INI)

Draft opinion
Paragraph 9
9. Not to make the following recommendation: ‘launch the Excessive Deficit Procedure (EDP)/Excessive Debt Surveillance Procedure (EDSP) on the basis of gross debt levels. The EDF/EDSP including detailed regular reports on the debt dynamics and development, would be triggered for all Member States in which government debt level exceeds the 60% threshold and is not diminishing at satisfactory pace. The EDP would be on ‘stand-still’ as long as the country fulfils its MTFO and would be abrogated once the debt level is below 60.’ (deletion of Recommendation 2, Indent 1),deleted
2010/09/22
Committee: IMCO
Amendment 20 #

2010/2099(INI)

Draft opinion
Paragraph 9 a (new)
9a. Speed up the procedures of the EDP, in particular with regard to Member States in repeated breach of the Pact (Recommendation 2 – indent 2 (new)),
2010/09/22
Committee: IMCO
Amendment 22 #

2010/2099(INI)

Draft opinion
Paragraph 9b (new)
9b. Use Union budget expenditure to establish fair, timely and effective incentives for compliance with the SGP rules, for example by enhancing conditionality and asking Member States to redirect funds to improve the quality of public finances, once the existence of an excessive deficit is established in accordance with Article 126(6) TFEU (Recommendation 2 – indent 3b (new)),
2010/09/22
Committee: IMCO
Amendment 24 #

2010/2099(INI)

Draft opinion
Paragraph 9 c (new)
9c. Establish a monitoring mechanism including possible warnings and incremental sanctions, for example imposing interest-bearing deposits, for Member States that, due to inadequate fiscal policies, have not reached their MTFO or are not approaching it at the agreed pace in favourable economic circumstances (Recommendation 2 – Indent 4),
2010/09/22
Committee: IMCO
Amendment 25 #

2010/2099(INI)

Draft opinion
Paragraph 10
10. Establish pre-specified and pre-emptive incentives to be decided independently from the Council by the Commission or semi-automatic sanctions, in order to facilitate early warning steps and apply them in a progressive way (Recommendation 2, indent 7; partly deleted; such incentives or sanctions should range from ‘naming and shaming’ to temporary freezing of Union funds (structural, cohesion and CAP funds) and to permanent loss of Union funds and/or financial penalties; Member States subject to these sanctions should be obliged to cover for frozen or lost Union payments out of their national budgets (Recommendation 2, Indent 7),
2010/09/22
Committee: IMCO
Amendment 26 #

2010/2099(INI)

Draft opinion
Paragraph 10 a (new)
10a. Specify through legal means the obligation in Protocol No 12 TFEU for Member States to have in place budgetary procedures that ensure compliance with their Treaty obligations on budgetary discipline (Recommendation 2, Indent 7a (new)),
2010/09/22
Committee: IMCO
Amendment 29 #

2010/2099(INI)

Draft opinion
Paragraph 12
12. Establish a euro-area-specific framework for reinforced monitoring focusing on excessive macro-economic divergences, price competitiveness, real exchange rates, credit growth and current account developments of the Member States concerned, and investment in R&D as a % of GDP, reduction of greenhouse gas emission, rate of achievement of tertiary and secondary education and reduction of poverty (Recommendation 3, Indent 1),
2010/09/22
Committee: IMCO
Amendment 30 #

2010/2099(INI)

Draft opinion
Paragraph 7
7. Implement an efficient sanctioning system which excludes budget lines aimed at improving the employment and social conditions of workers, in particular the European Social Fund (ESF) and the Globalisation Adjustment Fund (EGF)should include measures such as the freezing of EU appropriations from the structural, agricultural and cohesion fund and fines; Member States on which these sanctions were imposed would have to make good the frozen appropriations themselves, so there would be no detrimental effect on the end recipients.
2010/09/15
Committee: EMPL
Amendment 31 #

2010/2099(INI)

Draft opinion
Paragraph 13
13. Not to make the following recommendation: strengthen the secretariat and cabinet of the President of the Euro Group (deletion of Recommendation 3, Indent 3),deleted
2010/09/22
Committee: IMCO
Amendment 34 #

2010/2099(INI)

Draft opinion
Paragraph 15
15. Rapid creation of a European Debt Agency by pooling part of Member States’ national public debt into a common system with a mutual guarantee, which would issue new debt at a single interest rate, thereby reducing the risk of speculative attacks as seen in the case of Greece. This agency could also issue collective public debt (Eurobonds) to finance specific European investment projects, ideally via the EU budget (Recommendation 4, new indent),deleted
2010/09/22
Committee: IMCO
Amendment 35 #

2010/2099(INI)

Draft opinion
Paragraph 15 a (new)
15a. Produce a feasibility assessment (on the nature, risks and advantages) of establishing a system in the long run under which Member States may participate in the issuance of common government bonds, as long as they fulfil predefined specific criteria (Recommendation 5, Indent 1),
2010/09/22
Committee: IMCO
Amendment 36 #

2010/2099(INI)

Draft opinion
Paragraph 15 a (new)
15a. Ask the Commission to consider setting up a ‘European Monetary Fund’ to complement the Stability and Growth Pact in its function of controlling the budget situation in Member States. The fund could be financed by contributions from the euro area countries, pro rata with GDP, and fines proportionate to levels of debt and deficit. The Member States could request assistance from the fund to a level equivalent to their contributions to it,
2010/09/22
Committee: IMCO
Amendment 38 #

2010/2099(INI)

Draft opinion
Paragraph 16
16. Reinforce Union cohesion policy in close cooperation with the European Investment Bank (EIB) in order to reduce structural weaknesses and increase the competitiveness of weaker economic and outermost regions (Recommendation 5, Indent 2), in particular by facilitating the financing needs of SMEs and their entry into the internal market,
2010/09/22
Committee: IMCO
Amendment 41 #

2010/2099(INI)

Draft opinion
Paragraph 18
18. Continue efforts regarding EU tax harmonisation.coordination, in particular the adoption of the Common Consolidated Corporate Tax Base (Recommendation 5, new indent).
2010/09/22
Committee: IMCO
Amendment 45 #

2010/2099(INI)

Draft opinion
Paragraph 18 a (new)
18a. As well as aligning national budget timetables, and in the context of the ‘Union Semester’, ensure better working coordination between the European Parliament, with its enhanced budgetary powers, and the national parliaments. The Council and the Commission should consult Parliament on the broad economic policy guidelines, on the employment guidelines and on the indicators used as a basis for national reform programmes.
2010/09/22
Committee: IMCO
Amendment 46 #

2010/2099(INI)

Draft opinion
Paragraph 18 a (new)
18a. The legislative act to be adopted should aim to strengthen the Commission’s (Eurostat’s) mandate to audit national statistics relevant to the reporting on public finances (Recommendation 7).
2010/09/22
Committee: IMCO
Amendment 5 #

2010/2095(INI)

Draft opinion
Paragraph 2 a (new)
2a. Encourages Member States to assume a more pro-active role in managing the Single Market, by improving cooperation between national authorities and strengthening the transposition, application and enforcement of Single Market rules on the ground; asks Member States to reduce transaction costs through additional measures, such as more effective e-government;
2010/12/01
Committee: IMCO
Amendment 8 #

2010/2095(INI)

Draft opinion
Paragraph 2 b (new)
2b. Asserts that effective market surveillance throughout the internal market is crucial to protect European industry from unfair competition; encourages the Commission to submit ambitious proposals to reform the current system of market surveillance, strengthening the EU's role in the coordination of national market surveillance and customs authorities and ensuring that adequate resources are made available in all Member States;
2010/12/01
Committee: IMCO
Amendment 10 #

2010/2095(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission to extend and continue the Better Regulation strategy, taking into account the particular needs of SMEs; states that ‘competitiveness proofing’ should be included in the impact assessments of future legislative proposalthe Commission should give greater importance to the impact of new legislation on industry competitiveness in its impact assessments, screen existing legislation and repeal it if it is found to be harmful to competitiveness;
2010/12/01
Committee: IMCO
Amendment 11 #

2010/2095(INI)

Draft opinion
Paragraph 3 a (new)
3a. Underlines that European industrial policy needs to take account of the entire supply chain, which is largely based on SMEs; calls on the Commission and Member States to extend and improve initiatives like the Enterprise Europe Network to make SMEs more aware of the potential benefits of cross-border cooperations and to increase the numbers of SMEs benefiting from support to access new markets, source new technologies and secure EU funding or finance;
2010/12/01
Committee: IMCO
Amendment 12 #

2010/2095(INI)

Draft opinion
Paragraph 3 b (new)
3b. Recalls that the European standardisation system has successfully contributed to the completion of the internal market and to the competitiveness of European industry; nevertheless calls on the Commission to propose measures to further improve the quality of European standards and to speed up the standardisation procedures in order to ensure that new technologies are translated more quickly into innovative products that can be sold throughout the internal market; notes that further improvements should keep the standard- setting processes close to the markets and strengthen participation and access of SMEs;
2010/12/01
Committee: IMCO
Amendment 13 #

2010/2095(INI)

Draft opinion
Paragraph 3 c (new)
3c. Notes that pre-commercial public procurement can give a decisive initial push to new markets for innovative and green technologies while improving the quality and effectiveness of public services; calls on the Commission and Member States to better communicate existing possibilities for pre-commercial procurement to public authorities;
2010/12/01
Committee: IMCO
Amendment 15 #

2010/2095(INI)

Draft opinion
Paragraph 4
4. Considers it necessary to build up the competences of all workers in order to ensure reskilling and anticipate skills needs for new jobs. This should be financed by public and private spending and be coupled with a refocusing of the ESF, providing tailor-made solutions for education and training and therefore calls on the Member States and enterprises to provide common tailor-made solutions for education and training; notes that the scope of the ESF should not be extended further in this regard;
2010/11/16
Committee: EMPL
Amendment 16 #

2010/2095(INI)

Draft opinion
Paragraph 4 a (new)
4a. Stresses that protecting intellectual property rights is the cornerstone for protecting European know-how and promoting innovation within the EU, which notably entails stepping up the fight against counterfeiting and reducing the cost of patents in Europe; calls on the Member States and the Commission in this context to continue their efforts with a view to the earliest possible creation of a European Union patent and a suitable dispute-settlement system, and to strengthen resources and coordination between customs authorities and market surveillance authorities in order better to detect the entry onto the single market of counterfeit products;
2010/12/01
Committee: IMCO
Amendment 19 #

2010/2095(INI)

Draft opinion
Paragraph 4 a (new)
4a. Calls for an improvement and simplification of the recognition of professional qualifications not only within the EU but also from third countries in order for the industry to more effectively meet its demand for skilled labour;
2010/11/16
Committee: EMPL
Amendment 20 #

2010/2095(INI)

Draft opinion
Paragraph 4 b (new)
4b. Stresses that access to financing for enterprises, particularly SMEs, remains inadequate and the EU should innovate in order to provide more favourable framework conditions for the development of investment in the real economy; takes the view that, in a context of budgetary crisis, it is more necessary than ever to explore new funding methods, notably by reducing the fragmentation of the capital risk market, developing innovative public- private partnerships such as joint technological initiatives and strengthening the role of the EIB;
2010/12/01
Committee: IMCO
Amendment 28 #

2010/2095(INI)

Draft opinion
Paragraph 6
6. Calls on the Commission to ensure a global level playing-field for European industry in terms of regulatory requirements and market access and; therefore calls on the Commission to take into account external market conditions when devising internal market policies and to push for regulatory convergence and a wider adoption of international standards in its external policies; asks the Commission to draw up a strategy to support the internationalisation of SMEs.
2010/12/01
Committee: IMCO
Amendment 50 #

2010/2095(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the fact that, with the EUurope 2020 Strategy and the communication on an Integrated EU industrial policy, the Commission is finally acknowledging the importance of man ufactiveuring industrial policy for sustainable growth and employment in Europe and committing itself to an integrated industrial Policy based on the principle of a social market economy;
2010/11/16
Committee: ITRE
Amendment 75 #

2010/2095(INI)

Motion for a resolution
Paragraph 2
2. Calls on the Commission to develop, together with the European Parliament and the Council, a qualitative and, where possible, quantitative vision for European industry in 2020, which looks towards sustainable development in the long term and lays down guidelines, for example for energy and resource efficiency, with a view to ensuring that European industry becomes more stable and competitive and jobs are created as a result;
2010/11/16
Committee: ITRE
Amendment 99 #

2010/2095(INI)

Motion for a resolution
Paragraph 4
4. Emphasises that the new, integrated approach calls for extremely effective collaboration within the Commission, and calls on the Commission to set up a permanent industrial policy task force to this end; furthermore calls on the Commission to focus more on competitiveness aspects during the impact assessment process (“Competitiveness Proofing”) as well as to evaluate ex post the cumulated impact of legal acts and to implement this essential part of smart regulation as quickly as possible;
2010/11/16
Committee: ITRE
Amendment 140 #

2010/2095(INI)

Motion for a resolution
Paragraph 8 – indent 3
· must reflect not the product alone, but also demand and use, with a view to integrated development and more target- oriented production, leading to tangible benefits for consumers, businesses and the whole of societybe technology-neutral;
2010/11/16
Committee: ITRE
Amendment 206 #

2010/2095(INI)

Motion for a resolution
Paragraph 13 – indent 4
· developing a standard form of business sustainability report which will analyse the "environmental rucksack" – resulting in economies and making firms more competitive in consequence – and group together and standardise existing reporting requirements and possibilities (e.g. EMAS), and which should be mandatory wherever possiblepromoting the use of voluntary environmental management systems such as ISO 14001 or EMAS;
2010/11/16
Committee: ITRE
Amendment 332 #

2010/2095(INI)

Motion for a resolution
Paragraph 17
17. Calls for a stronger, coordinated EU policy on lead markets, such as the environmental industEU initiatives that identify what drives (some 3.5 million employees, EUR 300 billion turnover, up to 50% of the global market); stresses that many "traditional" markets – steel, automobiles and shipbuildgrowth, innovation and competitiveness in different sectors, and then bring, for example – have a strong capacity for innovation and/or offer comparative advantages, of which full use should be made; for these purposes, product-specific legislation such as the eco-design directive should be developed further, and industry-stimulating iniward market-based policy responses which foster favourable and predictable framework conditions for growth, innovation and competiatives such as the "green car initiative" put in placeness in all sectors without picking winners;
2010/11/16
Committee: ITRE
Amendment 366 #

2010/2095(INI)

Motion for a resolution
Paragraph 20
20. Calls for the establishment of a task force on restructuring operations and a stronger role for the European structural funds in restructuring processes so that employees and firms can be offered a future; calls for research and development in furtherance of conversion processes to be intensifiedTakes note that restructuring is the primary responsibility of companies and social partners; calls on the Member States for a social cushioning of the economic transition by improving mobility on the labour market in the context of the “Flexicurity” concept, retraining and other measures;
2010/11/16
Committee: ITRE
Amendment 401 #

2010/2095(INI)

Motion for a resolution
Paragraph 23
23. Takes the view that sectoraleffective aind policy should not only be seen in the context of competition law, but must, in the interests of Europe, be used proactively, transparently and with clear rules to strengthen innovastrict EU rules on competition and state aid constitute the indispensable basis for a competitive European industry; undistorted competition andin the roll-out of new products, and in connection with industrial restructuring operationsEU single market leads to innovation and increases efficiency and productivity;
2010/11/16
Committee: ITRE
Amendment 475 #

2010/2095(INI)

Motion for a resolution
Paragraph 27
27. Takes the view that European industry, which profits from these political efforts and the favourable framewnote that social responsibility becomes a more and more important competitive factor fork conditions, should assume more responsibility for sustainable growth and employment in Europe; believes that industry should enter into clear voluntary commitments tompanies: ranging from innovative capability, risk management, strategic orientation, marketing to employee motivation; calls on European companies and entrepreneurs to continue their extensive corporate and social engagements, as well as their investments in Europe, sustain its own research efforts, contribute to a new culture of qualifications, develop even more innovative, sustainable products and processes, and enter wherever possible into strategic partnerships in order to ensure the increase of employment, innovation, further education and prosperity in Europe;
2010/11/16
Committee: ITRE
Amendment 14 #

2010/2085(INI)

Motion for a resolution
Paragraph 2
2. Proposes toUrges the Commission to establish a common European framework forin its multiannual action plan to further develop European market surveillance to strengthen the role of the European Union in coordinating the activities of national market surveillance authorities;
2010/12/14
Committee: IMCO
Amendment 18 #

2010/2085(INI)

Motion for a resolution
Paragraph 3
3. Calls on Member States and the Commission to designate adequate financial and human resources to market surveillance activities; calls on the Commission to put pressure on, assist and encourage the Member States to increase the resources for market surveillance; calls on Member States and the Commission to enable financial support from the European Structural Funds to be given to those Member States whose geographical or economic situation makes it difficult for them to take measures against illegal products from third countries; points out in this connection that it is very important to secure the external borders of the single market, in particular the major sea ports; emphasizes that failing market surveillance systems undermine the citizen’s trust in the internal market;
2010/12/14
Committee: IMCO
Amendment 23 #

2010/2085(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Calls on Member States to introduce in a coordinated manner penalties, including large fines, for economic operators who deliberately introduce dangerous or non-compliant products in the single market; proposes that product bans should be made public as often as possible in order to increase the visibility of border controls and market surveillance and to deter criminal market operators;
2010/12/14
Committee: IMCO
Amendment 27 #

2010/2085(INI)

Motion for a resolution
Paragraph 5
5. Emphasizes the necessity to share best practices among the Member States; calls for joint cooperation, pooling the know- how and sharing the best practices among market surveillance authorities; reminds of the importance of cooperation between customs and market surveillance authorities at the external borders to carry out appropriate checks of products entering the Communityproposes to this end the introduction of a transparent procedure of 'reciprocal evaluation' of national market surveillance systems in which country reports will be subjected to a peer review procedure at European level and interest groups consulted; recalls the importance of cooperation between customs and market surveillance authorities;
2010/12/14
Committee: IMCO
Amendment 30 #

2010/2085(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Recognises the important contribution made by PROSAFE as regards the coordination of joint market surveillance actions and the exchange of tried and tested practices; points out, however, that coordination through PROSAFE is restricted by limited resources and its informal structure; proposes therefore the establishment of a specialised, independent EU agency which, acting in close cooperation with PROSAFE, could carry out additional tasks alongside the operational coordination between market surveillance and customs authorities of the Member States, for instance monitoring the implementation of joint operational standards and supporting Member States in training market surveillance and customs officials;
2010/12/14
Committee: IMCO
Amendment 33 #

2010/2085(INI)

Motion for a resolution
Paragraph 7
7. Urges the Commission to establish a public Consumer Product safety Information Database, including a platform for complaints which will raise awareness of dangerous products across the borders in the internal market; calls for the establishment of a accident statistical system wimprove and give greater publicity to the ICSMS data bank which provides consumers and authorities with information about dangerous products in the internal market and allows consumers electronically to notify the competent authorities of dangerous products; calls on those Member States which do not yet use the ICSMS to take part in this important project; calls on Member States, with the coordination of the Commission, to increase the scope, the refrom mandatory annual reports will be published, coordinated and funded by the European Commission, where Member States shall report products that have caused accidents within their territoryliability and the relevance of the 'EU injury data base' under which a representative group of hospitals from Member States voluntarily report accidents occurring in connection with certain products;
2010/12/14
Committee: IMCO
Amendment 35 #

2010/2085(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Calls on the Commission to intensify international cooperation in the international Consumer Product Safety Caucus so as to exchange tried and tested practices and jointly to prevent the production in third countries of dangerous substances intended for export to the European single market;
2010/12/14
Committee: IMCO
Amendment 37 #

2010/2085(INI)

Motion for a resolution
Paragraph 8
8. Supports the review of the GPSD and calls for an alignment of the definitions of the GPSD with the Regulation on Market Surveillance in regards to definitions and in regards to the obligations for economic operators;
2010/12/14
Committee: IMCO
Amendment 39 #

2010/2085(INI)

Motion for a resolution
Paragraph 9
9. Calls for alignment between traceability requirements in GPSD and the NLF so as to guarantee the coherent traceability system;deleted
2010/12/14
Committee: IMCO
Amendment 41 #

2010/2085(INI)

Motion for a resolution
Paragraph 10
10. Stresses the importance of uniform definitions and assessments in Member States of products posing serious risk in order to unify the safety level throughout the Union and the traceability system;
2010/12/14
Committee: IMCO
Amendment 44 #

2010/2085(INI)

Motion for a resolution
Paragraph 12
12. Insists that a commonCalls on the Commission to examine to what extent a definition of 'child- appealing product” sh' could be included in the current revision of the GPSD and in sector specific legislation on harmonised productsin order to assist producers in their own risk assessments; stresses that such a definition should not be allowed to serve as a basis for withdrawing products from the market; welcomes the work of an ad- hoc working group on child appealing appliances; Ccalls for more transparency throughout that process and wishes to be more informed on the progress achieved so far;
2010/12/14
Committee: IMCO
Amendment 48 #

2010/2085(INI)

Motion for a resolution
Paragraph 16
16. Calls on the Commission to include an obligation for manufacturers to do a risk analysis appropriate to the product in their design phase; urges that if any risks are identified they should be documented with the product when it is marketedand reported to the authorities on request;
2010/12/14
Committee: IMCO
Amendment 49 #

2010/2085(INI)

Motion for a resolution
Paragraph 17
17. Is concerned about the temporary character of emergency measures as this leads to legal uncertainties; Stresses the need for a more effective regulatory framework, allowing quick interventions and reliable long-term solutions, without delegating political decisions to the standardisation bodies or the Commission. The GPSD should allow for the establishment of product specific rules without limitations, either in terms of content or the period of applicability;
2010/12/14
Committee: IMCO
Amendment 58 #

2010/2085(INI)

Motion for a resolution
Paragraph 21
21. Calls on Commission to allow product safety professionals, business groups, consumer organisations and national authorities to have access to all relevant non-confidential information;
2010/12/14
Committee: IMCO
Amendment 63 #

2010/2085(INI)

Motion for a resolution
Paragraph 22 a (new)
22a. Calls on the Commission to explain the classification of products as a 'serious risk' for RAPEX notifications;
2010/12/14
Committee: IMCO
Amendment 68 #

2010/2085(INI)

Motion for a resolution
Paragraph 27
27. Stresses the need for the market surveillance authorities to fusystematically participate in the process of security- relevant standard development, as this is a suitable means to ensure that the ir knowledge informs the standardisation process and to generate greater understanding for standards, thereby ensuring that the voluntary application of standards will increase consumer safety;
2010/12/14
Committee: IMCO
Amendment 70 #

2010/2085(INI)

Motion for a resolution
Paragraph 28
28. Urges for improvement of the currently applicable procedures for establishing the European standards so as to guarantee the timely reaction to new or emerging risks in a more efficient manner; emphasises, however, that new or amended procedures should also include be subject to the Parliament's scrutiny; stresses that Parliament should also be entitled to scrutinise the procedures of take over/application of international, non-European and other standards;deleted
2010/12/14
Committee: IMCO
Amendment 1 #

2010/2055(INI)

Draft opinion
Recital A
A. whereas facilitated access to reliable and updated information on companies from all the Member States across borders increases transparency and legal certainty in the internal market and can restore trust in the markets following the financial and economic crisis,
2010/05/12
Committee: IMCO
Amendment 2 #

2010/2055(INI)

Draft opinion
Recital B a (new)
Ba. whereas there is already a network of company registers in the form of the EBR (European Business Register), which offers citizens and companies easy access to information about companies in their own language; whereas, however, this network is not yet used by all the Member States;
2010/05/12
Committee: IMCO
Amendment 9 #

2010/2055(INI)

Draft opinion
Paragraph 3 a (new)
3a. Stresses the importance of the quality of the information contained in the business registers; Emphasizes that the quality of information on companies should be reliable and standardised across all Member States, as to ensure transparent and user-friendly information disclosure;
2010/05/12
Committee: IMCO
Amendment 15 #

2010/2055(INI)

Draft opinion
Paragraph 7
7. Insists on the importance for competent authorities and citizens to have access to reliable, steady and updated company information that is available in the corresponding language; stresses the importance of further merging of the BRITE, IMI and the European Business Register (EBR) data and systems to put into place a single information access point for internal market stakeholders and thus reinforce cross-border commerce and economic growth in the Union.
2010/05/12
Committee: IMCO
Amendment 16 #

2010/2055(INI)

Draft opinion
Paragraph 7 a (new)
7a. Proposes further developing the existing EBR in order to improve the network of business registers; recommends that practical questions involving cooperation should be clarified in an administrative agreement between the Member States and/or their business registers in order to make the EBR more efficient;
2010/05/12
Committee: IMCO
Amendment 17 #

2010/2055(INI)

Draft opinion
Paragraph 7 b (new)
7b. Calls on the Commission to work towards integrating all the EU Member States into the EBR, where necessary by providing expertise and additional resources; asks the Commission to examine the advantages and disadvantages of mandatory membership of the EBR for all EU Member States;
2010/05/12
Committee: IMCO
Amendment 3 #

2010/2053(INI)

Draft opinion
Recital A
A. whereas the internal services market must develop fully whilst preserving the European social model, and the Services Directive makes a valuable contribution to this,
2010/09/24
Committee: EMPL
Amendment 6 #

2010/2053(INI)

Draft opinion
Recital A a (new)
Aa. whereas the Services Directive makes it significantly easier above all for self-employed persons and small and medium-sized companies to pursue their activities, develop new areas of business and also recruit new staff in other Member States,
2010/09/24
Committee: EMPL
Amendment 19 #

2010/2053(INI)

Draft opinion
Paragraph 1
1. HopAssumes that the Services Directive will genuinely have a positive impact by creating jobs and improving the quality and safety of services provided;
2010/09/24
Committee: EMPL
Amendment 33 #

2010/2053(INI)

Draft opinion
Paragraph 4
4. Considers that there are still issues to be clarified regarding the scope of application of the directive; considers that a directive clearly definingtions of the concepts of ‘commercial services’, ‘services of general economic interest’ and ‘social services of general interest’ is moare necessary than ever in order to precisely delineate the Service Directive’s scope of application and the law applicable to services not subject to the directive, with particular regard to authorisation schemes;
2010/09/24
Committee: EMPL
Amendment 41 #

2010/2053(INI)

Draft opinion
Paragraph 5
5. Considers that the points of single contact should be used as information centres for issues related to the directive, in particular regarding applicable labour law and workers’ rights in force under the directiveare particularly effective if they are easy to find, take a practical, multilingual approach and also provide their services in electronic form; proposes, furthermore, that these points of single contact should, as a second step, be developed as information centres for issues related to the directive, which also provide information on applicable labour law and give small and medium-sized companies unbureaucratic advice on applicable labour law;
2010/09/24
Committee: EMPL
Amendment 18 #

2010/2051(INI)

Motion for a resolution
Paragraph 5
5. Stresses, however, that these principles are not in themselves sufficient to ensure that small and medium-sized enterprises and societal stakeholders – in particular those representing health and safety, consumer and environmental interests – are adequately represented in the standardisation process; considers, therefore, that a vital element is the addition of the principle of ‘balanced representation’, given that it is of the utmost importance, whenever the public interest is concerned, to incorporate all stakeholder positions in a balanced manner, especially in the development of standards intended to support EU legislation and policies;deleted
2010/09/15
Committee: IMCO
Amendment 28 #

2010/2051(INI)

Motion for a resolution
Paragraph 8
8. Supports, therefore, the Commission’s intention to include service standards in the legal framework of European standardisation, as this will not only ensure the notification of all national service standards that could potentially constitute technical barriers to trade in the internal market, but also provide a proper legal basis on which the Commission can request the European standardisation organisations (ESOs) – namely CEN, CENELEC and the European Telecom Standards Institute (ETSI) – to develop standards in the services sector; stresses, at the same time, that moves towards new service standards should originate not with public authorities but with the relevant undertakings themselves, where such standards are actually needed by those undertakings;
2010/09/15
Committee: IMCO
Amendment 49 #

2010/2051(INI)

Motion for a resolution
Paragraph 15
15. StresCriticises the need, which has been recognised since the 1990s, to ensure direct participfact that the representation byof societal stakeholders at European level in order to reflect their views more effectively, given that their representation on national technical committees remains weak; affirms that, and that since the 1990s very limited progress has been made to increase societal stakeholder participation at national level, financial and political support for the Europe; calls therefore on the Commission to investigate the reasons for the low level of societal stakeholder participation at national level and, where appropriate and organisations established to represent such stakeholders needs to be maintained at least in the period to 2020n the basis of the results, to draw up binding rules for the Member States which will give societal stakeholders access to the national standardisation process;
2010/09/15
Committee: IMCO
Amendment 61 #

2010/2051(INI)

Motion for a resolution
Paragraph 16
16. Holds the view that these European organisations must obtain a stronger role within the ESOs; recommends that, without prejudice to the national delegation principle, all such organisations should be given a vote in the ESO technical bodies, on condition that they are associate members or cooperating partners of the ESOs and have participated in the respective work item at technical level; considers also that such organisations should, under the same conditions, be given a symbolic vote in the formal adoption of standards, which would not necessarily be counted in the voting result but would serve as an indicator of the level of support for a given standard among all stakeholdersshould be given a symbolic vote in the formal adoption of standards, which would not necessarily be counted in the voting result but would serve as an indicator of the level of support for a given standard among all stakeholders, on condition that they are associate members or cooperating partners of the ESOs and have participated in the respective work item at technical level;
2010/09/15
Committee: IMCO
Amendment 65 #

2010/2051(INI)

Motion for a resolution
Paragraph 17
17. Welcomes recent developments in the International Organisation for Standardisation (ISO), in particular the model used to develop the ISO 26000 standard on social responsibility, in which national standards bodies were entitled to nominate to the respective working group only one representative from each of six stakeholder categories (industry, consumers, government, labour, NGO, SSRO (service, support, research and others)) that were identified;deleted
2010/09/15
Committee: IMCO
Amendment 71 #

2010/2051(INI)

Motion for a resolution
Paragraph 18
18. Believes that similar procedures, establishing a predetermined number of seats for the various stakeholder organisations, would constitute a significant improvement compared with the traditional process of standards development in support of EU policies and legislation; maintains that, despite the current difficulties in generalising the use of such a multi-stakeholder model, this approach should be explored by the ESOs without delay as an alternative for the drafting of standards in areas of public interest, in order to ensure a balanced decision-making process; proposes that the 98/34 Committee (or its successor) should decide, when considering a mandate, whether to use this alternative model if the standard in question makes it vital to secure broader stakeholder participation; stresses that such a model would not affect the national delegation principle, as the draft standard would continue to be examined by national mirror committees and adopted on a weighted vote by the national standards bodies (NSBs);deleted
2010/09/15
Committee: IMCO
Amendment 91 #

2010/2051(INI)

Motion for a resolution
Paragraph 22 a (new)
22a. Calls on the Member States, in the interests of fair competition in the internal market, to follow the ISO Code of Ethics, in particular as regards the implementation of the requirements of ISO conformity assessment standards and guides (integrity, objectivity and impartiality);
2010/09/15
Committee: IMCO
Amendment 96 #

2010/2051(INI)

Motion for a resolution
Paragraph 24
24. Maintains that users’ access to European standards developed in support of EU policies and legislation is an important issue that needs to be further examined; takes the view that different systems of price setting should be considered for private/industrial standards and for harmonised/mandated standards; calls, in particular, on NSBs to reduce costs through special rates and by offering bundles of standards at a reduced price, and to investigate additional ways of improving access, especially for SMEs;
2010/09/15
Committee: IMCO
Amendment 106 #

2010/2051(INI)

Motion for a resolution
Paragraph 26 c (new)
26c. Calls on the Member States, in cooperation with NSBs, to increase awareness among SMEs of the economic advantages arising from the use of standards, through training and information campaigns;
2010/09/15
Committee: IMCO
Amendment 111 #

2010/2051(INI)

Motion for a resolution
Paragraph 28
28. Recognises that fora and consortia contribute considerably to the standardisation system by providing specifications with global relevance, which are often more receptive to innovative technologies; points out that, most notably in the ICT sector, a number of fora and consortia have evolved into global organisations producing widely implemented specifications on the basis of open, transparent and consensus-based development processes; believes that the ESOs and fora/consortia must find ways of cooperating in planning their activities by transferring standards to the most appropriate level, international or European, in order to ensure coherence and avoid fragmentation or duplication; calls on the ESOs to develop and implement an improved mechanism for the adoption of fora/consortia specifications as European standards, whichereby consensus on the part of all stakeholders must be guaranteed through the established procedures for consulting all parties concerned in accordance with the national delegation principle; stresses that this should not restrict the possibility of submitting themfora/consortia specifications directly to international standards organisations in order to seek more global status;
2010/09/15
Committee: IMCO
Amendment 11 #

2010/2018(INI)

Draft opinion
Paragraph 1
1. Calls on the Council, the Commission and the Member States to implement Directive 2006/54/EC immediately in all the Member States;deleted
2010/06/16
Committee: EMPL
Amendment 39 #

2010/2018(INI)

Draft opinion
Paragraph 7
7. Endorses the European Parliament's report 2008/2034(INI) and once again calls on the Council to agree an EU target for minimum pay of at least 60% of indicative average pay and a timetable for meeting that target in all the Member States;deleted
2010/06/16
Committee: EMPL
Amendment 1 #

2010/2016(INI)

Draft opinion
Recital 1 (new)
(1) having regard to the Commission Communication on Smart Regulation in the European Union (COM(2010)543),
2010/11/03
Committee: IMCO
Amendment 2 #

2010/2016(INI)

Draft opinion
Paragraph 2 a (new)
2a. Calls on the Commission to carry out an independent, neutral assessment of all possible options, without committing itself to a particular option before an impact assessment has even been carried out;
2010/11/03
Committee: IMCO
Amendment 4 #

2010/2016(INI)

Draft opinion
Paragraph 3
3. Points out that, for an impact assessment to be objective, the Commission must systematically consult all interested parties, including SMEs and consumer protection organisations; a public consultation is not sufficient, because it can never be representative;
2010/11/03
Committee: IMCO
Amendment 6 #

2010/2016(INI)

Draft opinion
Paragraph 3 a (new)
3a. Notes that, in carrying out its impact assessments, the Commission should also work with the Member States, because the latter must later transpose the directives into national law, and national authorities usually know better how legal provisions will work in practice;
2010/11/03
Committee: IMCO
Amendment 7 #

2010/2016(INI)

Draft opinion
Paragraph 4 a (new)
4a. Stresses that the European Parliament should also submit its main amendments and compromises to an impact assessment;
2010/11/03
Committee: IMCO
Amendment 9 #

2010/2016(INI)

Draft opinion
Paragraph 5
5. Calls on the Commission to guarantee that consumer protection requirements are taken into account by ensuring that impact assessments examine the potential impact of proposals on the single market and consumers, as well as their economic, social and environmental impact;
2010/11/03
Committee: IMCO
Amendment 10 #

2010/2016(INI)

Draft opinion
Paragraph 5 a (new)
5a. Calls on the Commission, in its impact assessments, to look systematically at the administrative burden imposed by proposed legislation, and always to state clearly which of the options assessed eliminates the most administrative burdens or creates fewest new ones;
2010/11/03
Committee: IMCO
Amendment 11 #

2010/2016(INI)

Draft opinion
Paragraph 6
6. Urges the Commission to ensure that impact assessments contain a meaningful assessment of the social impact of proposals;deleted
2010/11/03
Committee: IMCO
Amendment 13 #

2010/2016(INI)

Draft opinion
Paragraph 7
7. Welcomes the fact that the Commission’s new Impact Assessment Guidelines contain a commitment to examine the potential impact of proposals on SMEs, and strongly urges the Commission to meet these obligations;
2010/11/03
Committee: IMCO
Amendment 9 #

2010/2012(INI)

Motion for a resolution
Citation 12 a (new)
- having regard to the report of 9 May 2010 by Professor Mario Monti to the President of the European Commission on a new strategy for the internal market,
2010/06/14
Committee: IMCO
Amendment 10 #

2010/2012(INI)

Motion for a resolution
Citation 12 b (new)
- having regard to the proceedings still pending before the European Court of Justice in cases C-585/08 (Pammer), C- 144/09 (Alpenhof), C-509/09 (eDate Advertising GmbH) and C-161/10 (Olivier Martinez), which could either encourage or impeded e-commerce depending on the judgments handed down by the Court,
2010/06/14
Committee: IMCO
Amendment 12 #

2010/2012(INI)

Motion for a resolution
Citation 23 a (new)
- having regard to the proposal for a Council directive amending Directive 2006/112/EC on the common system of value added tax as regards the rules on invoicing (COM(2009)21),
2010/06/14
Committee: IMCO
Amendment 34 #

2010/2012(INI)

Motion for a resolution
Recital H a (new)
Ha. whereas intellectual property plays a crucial role in the digital world and whereas its protection, particularly on the internet, is therefore extremely important,
2010/06/14
Committee: IMCO
Amendment 37 #

2010/2012(INI)

Motion for a resolution
Recital I a (new)
Ia. whereas the protection of the fundamental right to privacy and to the protection of personal data constitute an important condition for e-commerce,
2010/06/14
Committee: IMCO
Amendment 40 #

2010/2012(INI)

Motion for a resolution
Recital K
K. whereas uniformising the most essential consumer rights, as well as postal and banking costs, copyright levies, VAT registration procedures and high-level data protection practices would go a long way towards creating a genuine single market for businesses and consumers,
2010/06/14
Committee: IMCO
Amendment 45 #

2010/2012(INI)

Motion for a resolution
Recital L a (new)
La. whereas the legal protection and confidence of purchasers in e-commerce need to be enhanced, while not forgetting that sellers and businesspeople also need legal protection,
2010/06/14
Committee: IMCO
Amendment 70 #

2010/2012(INI)

Motion for a resolution
Paragraph 6
6. CWelcomes the Commission proposal to promote electronic invoicing and calls on the Council to arrive speedily at an agreement with Parliament; also calls on the Commission and the Member States to propose measures and reach agreements respectively with a view to simplifying and streamlining VAT reporting obligations for cross-border e- commerce;
2010/06/14
Committee: IMCO
Amendment 75 #

2010/2012(INI)

Motion for a resolution
Paragraph 7
7. Stresses the need to simplify and streamline measures on electric and electronic waste, cross-border management of copyright levies on blank media and recording devices, and EU rules governing cross-border electronic invoicing ('e- invoicing') for distance selling;Does not affect English version.
2010/06/14
Committee: IMCO
Amendment 79 #

2010/2012(INI)

Motion for a resolution
Paragraph 8
8. CRegrets that the Services Directive has still not been fully transposed in some Member States; calls on the Commission and the Member States to ensure the effective implementation of Article 20(2) of the Services Directive, and calls on the Commission to propose a provision for access to products delivered cross-border, in line with that article of the directive;
2010/06/14
Committee: IMCO
Amendment 87 #

2010/2012(INI)

Motion for a resolution
Paragraph 9
9. Calls for measures to be taken in order to contribute towards an increase in the number of internet users and the improvement of the quality, price and speed of the net in those countries and regions within the Union that do not have a good-quality connection; calls for access to a fast internet connection to be available in rural areas too;
2010/06/14
Committee: IMCO
Amendment 92 #

2010/2012(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Stresses that specific measures should be put in place for the protection of children and young people, notably via the development of age verification systems and the prohibition of online marketing practices that have a negative impact on children’ behaviour;
2010/06/14
Committee: IMCO
Amendment 100 #

2010/2012(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Stresses the importance of open and neutral access to a high-speed internet connection, without which e-commerce would be impossible;
2010/06/14
Committee: IMCO
Amendment 119 #

2010/2012(INI)

Motion for a resolution
Paragraph 14
14. Calls on the Commission to extend the rules governing distance contractsselling so as also to cover contracts concluded between consumers and professional traders in online auctions and contracts for tourist services (airline tickets, hotel accommodation, car rental, leisure time services and so on) ordered individually over the internet;
2010/06/14
Committee: IMCO
Amendment 128 #

2010/2012(INI)

Motion for a resolution
Paragraph 18
18. Calls for a harmonisationStresses, in the context of the current review of the rules on unfair contract terms, to establish a single EU-wide clause on unfairness so as to ensure that national authorities and courts follow the same standards when assessinghe benefits which might result from a harmonisation aimed at establishing an EU-wide clause on unfairness; recalls in this connection that the Member States must continue to be able to react rapidly and flexibly to new unfair contract clauses;
2010/06/14
Committee: IMCO
Amendment 130 #

2010/2012(INI)

Motion for a resolution
Paragraph 19
19. Calls for the establishment in all Member States of independent e- commerce users’ protection agencies with full power to bring proceedings before national courts in order to protect the interests of producers and consumers;deleted
2010/06/14
Committee: IMCO
Amendment 134 #

2010/2012(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Calls on the Commission to ensure by monitoring that the coherent application of copyright law is not circumvented in e-commerce;
2010/06/14
Committee: IMCO
Amendment 136 #

2010/2012(INI)

Motion for a resolution
Paragraph 20
20. Shares the Commission’s view that alternative dispute resolution mechanisms (ADR), such as mediation and arbitration or out-of-court settlements, can be an expedient and attractive option for consumers; urges Member States to encourage the development of ADR and collective redress to enhance the level of consumer protection and maximise compliance with legislation; recalls the positive experiences of SOLVIT and of the network of European Consumer Centres; calls for the creation of a European e- consumer information system which would offer detailed guidance and information about rights and obligations in the digital market; but emphasises that such mechanisms should complement and not substitute judicial or administrative means of enforcement;
2010/06/14
Committee: IMCO
Amendment 147 #

2010/2012(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Calls for the gradual full harmonisation of the consumer directives so as to diminish the effect of the Rome I Directive, which imposes the ‘country of origin’ principle for transactions between businesses and consumers;
2010/06/14
Committee: IMCO
Amendment 156 #

2010/2012(INI)

Motion for a resolution
Paragraph 25
25. Calls for a grant programme to be established and for use to be made of existing financial instruments for projects to increase users’ confidence in e- commerce, including educational and information campaigns and projects verifying online services in practice (such as 'mystery shopping'); emphasises the need to create an electronic learning module based on the Dolceta project (Development of On-Line Consumer Education Tools for Adults);
2010/06/14
Committee: IMCO
Amendment 14 #

2010/2011(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas many European citizens are not aware of their own practical benefits from the single market, as too little information on the single market is available and it is not explained properly,
2010/04/14
Committee: IMCO
Amendment 25 #

2010/2011(INI)

Motion for a resolution
Paragraph 6
6. Expresses its concern that the re- emergence of economic protectionism cwould result in fragmentation of the single market; is concerned that the current economic and financial debacle could be used as a justification for reviving protectionist measures in various Member States;
2010/04/14
Committee: IMCO
Amendment 32 #

2010/2011(INI)

Motion for a resolution
Paragraph 7
7. Considers that the policy for dealing with the crisis has substantially damaged the single market integration process and that antagonism towards, and distrust of, the single market have increased as a result of shortcomings and inequalities emanating from Member States’ economic systems;
2010/04/14
Committee: IMCO
Amendment 36 #

2010/2011(INI)

Motion for a resolution
Paragraph 9
9. Stresses that the relaunch of the single market must not be wholly dictated by the recent financial downturn and that the revival must go beyond the fundamental lessons learned from the crisis;deleted
2010/04/14
Committee: IMCO
Amendment 48 #

2010/2011(INI)

Motion for a resolution
Paragraph 11
11. Takes the view that the old perception of the single market as being primarily tied to economic considerations needs revisiting; stresses that all those involved in shaping and implementing the single market need to adopt a more holistic approach, fully integrating citizens’ concerns, particularly in relation to economic, social, health and environmental issues and consumer protection;
2010/04/14
Committee: IMCO
Amendment 51 #

2010/2011(INI)

Motion for a resolution
Paragraph 13
13. ProposesBelieves that the single market is a very important prerequisite for the success of the EU 2020 strategy; proposes therefore that any strategy and policies to revitalise the single European market, including the EU 2020 Strategy, should be should be coordinated by the European institutions and based on a pragmatic, comprehensive and wide-ranging deal supported by all the Member States and focusing mainly on priorities for which the Member States will truly take ownership and which they will implement effectively at national, regional and local level;
2010/04/14
Committee: IMCO
Amendment 59 #

2010/2011(INI)

Motion for a resolution
Paragraph 15
15. Maintains that revitalisation of the single market requires the introduction of more adequate checks and balances to guarantee citizens and consumers the necessary protection; considers that a citizen-based approach will help the Union to win back popular confidence in the single European market and to find the right formula for the adoption of initiatives to give the Union the competitive edge it needs, without prejudice to the social dimension;
2010/04/14
Committee: IMCO
Amendment 65 #

2010/2011(INI)

Motion for a resolution
Paragraph 16
16. Reiterates that meaningful assessment of the social, consumer and environmental impacts of the single market – which should feature in all single market proposals – is crucial to gaining public confidence and will also ensure the realistic integration of social, consumer- protection, environmental and economic goals;
2010/04/14
Committee: IMCO
Amendment 112 #

2010/2011(INI)

Motion for a resolution
Paragraph 26
26. Maintains that economic integration initiatives will fail to take off unless citizens are convinced that their social rights are safeguarded and that internal market policies will not impact negatively on national social policies;deleted
2010/04/14
Committee: IMCO
Amendment 123 #

2010/2011(INI)

Motion for a resolution
Paragraph 29
29. Will back future joint initiatives by the Commission and the Member States to: (1) support small businesses operating across borders throughout the EU; (2) effect a tangible reduction in administrative, financial and regulatory burdens, particularly the administrative hurdles faced by SMEs, in accordance with the principle of proportionality; in this regard calls on the Member States and the European Commission to strictly implement and apply the Think Small First principle as outlined in the Small Business Act.
2010/04/14
Committee: IMCO
Amendment 129 #

2010/2011(INI)

Motion for a resolution
Paragraph 30
30. Agrees that proper implementation of the Small Business Act - in particular regarding a strict application of the SME test by the Commission when proposing new legislative internal market measures - and the introduction of a European private company statute will guarantee the practical integration of SMEs into a relevant and viable single European system;
2010/04/14
Committee: IMCO
Amendment 136 #

2010/2011(INI)

Motion for a resolution
Paragraph 31
31. Asserts that, under the principle of subsidiarity, a substantial part of the administrative and legal responsibility for the single market lies in the hands of the Member States and, where appropriate, of their regional and local authorities, which, together with other EU institutions, must therefore take real ownership of the single European market and its management;
2010/04/14
Committee: IMCO
Amendment 144 #

2010/2011(INI)

Motion for a resolution
Paragraph 36
36. Invites the Commission to ensure proper implementation and transposition through more systematic, independent monitoring in order to speed up and expedite infringement proceedings; contends that delays in the settlement of infringement proceedings will inevitably have an adverse effect on citizens’ economic and social interests in the single market;
2010/04/14
Committee: IMCO
Amendment 154 #

2010/2011(INI)

Motion for a resolution
Paragraph 40
40. Asks the Commission to give more assistance to Member States and, where appropriate, to their regional and local authorities so as to facilitate proper compliance with EU standards; stresses that the EU institutions as a whole must tighten the rules and encourage Member States to improve the transposition of laws in a correct and timely manner, in order to ensure that the same rules apply throughout the Union;
2010/04/14
Committee: IMCO
Amendment 165 #

2010/2011(INI)

Motion for a resolution
Paragraph 44
44. Calls on the Commission and the Member States to develop a targeted communication strategy focusing on the day-to-day problems that citizens encounter when moving, shopping or selling across borders, and the social, health, consumer-protection and environmental-protection standards on which they can rely; considers that this communication strategy should expressly include problem-solving methods such as Solvit;
2010/04/14
Committee: IMCO
Amendment 185 #

2010/2011(INI)

Motion for a resolution
Paragraph 48
48. Encourages the Commission to bring forward a proposal for a single market legislative package by May 2011 – well ahead of the adoption of its announced 2012 single market programme – putting social policy and consumer protection at the centre of the single market to achieve the desired aim of a highly competitive social market economy, which would at the same time ensure a credible level playing field;
2010/04/14
Committee: IMCO
Amendment 194 #

2010/2011(INI)

Motion for a resolution
Paragraph 50
50. Calls on the Commission to attach to its single market legislative package a working document on measures to develop a social single market based on Article 9 TFEU, including a framework directive to protect services of general economic interest, based on Article 14 TFEU and Protocol 26 thereto, especially since ambiguity and lack of legal clarity have given rise to numerous uncertainties at local-government level;deleted
2010/04/14
Committee: IMCO
Amendment 209 #

2010/2011(INI)

Motion for a resolution
Paragraph 55
55. Recommends the commissioning of a study to identify ways and means of integrating consumer interest into all EU policies, thus enabling consumer protection to feature automatically as a prime concern in the drafting of every piece of EU legislation;deleted
2010/04/14
Committee: IMCO
Amendment 213 #

2010/2011(INI)

Motion for a resolution
Paragraph 56
56. Is of the opinion that the Commission needs to initiate proceedings for infringement of the treaty against Member States that have not fully transposed the Service Directive; also considers that the Commission needs to undertake an evaluation of the Service Directive to determine whether it has achieved its main goals and to treat the issue as a matter of urgency;
2010/04/14
Committee: IMCO
Amendment 225 #

2010/2011(INI)

Motion for a resolution
Paragraph 58
58. Notes that redress mechanisms applicable across the Union have yielded limited results and therefore urgescalls on the Commission to bring forward a legislative proposal to ensureaiming to implementation of an affordable, expedient and accessible Europe-wide collective redress system by May 2011 an accessible system enabling consumers who so wish to assert their rights in an affordable manner;
2010/04/14
Committee: IMCO
Amendment 232 #

2010/2011(INI)

Motion for a resolution
Paragraph 60
60. Calls on the Commission to focus more closely on market monitoring, especially in the areas of financial services, insurance, telephony, banking services and utilities, and believes that the effective monitoring of markets will strengthen fair competition and increase their efficiency, thus benefitting both the economy and consumers;
2010/04/14
Committee: IMCO
Amendment 235 #

2010/2011(INI)

Motion for a resolution
Paragraph 61
61. Maintains that continued sustainable development of the internal market depends on: (1) the Commission’s continued commitment to all market initiatives required to stimulate and improve significantly our standing and competitive edge in the global market; (2) adoption of an overall framework to ensure that the single market really delivers for all stakeholders; and, crucially, (3) the delivery of social and environmental benefits to citizens, as well as the necessary legal provisions to protect consumersingle market also reaches citizens;
2010/04/14
Committee: IMCO
Amendment 1 #

2010/2009(INI)

Draft opinion
Recital A
A. whereas remuneration policies in some companies in the financial sector and in some other listed companies hasve been disproportionately high and based such as to encourage staff to carry out transactions secureking short-term profits, creating increasingly risky business models to the detriment of workers, savers and investor but yielding no sustainable growth, with increasingly risky business models being developed to this end, in some cases with destabilising effects,
2010/05/06
Committee: EMPL
Amendment 3 #

2010/2009(INI)

Draft opinion
Recital B
B. whereas the Commission presented Recommendations on remuneration policies in the financial services sector and for listed companies on 30 April 2009, and whereas the Council and the European Parliament are currently amending the Capital Requirements Directives so as to incorporate, inter alia, financial supervision of remuneration policy,
2010/05/06
Committee: EMPL
Amendment 4 #

2010/2009(INI)

Draft opinion
Recital B a (new)
Ba. whereas the agreed principles and measures already taken in respect of remuneration policy should be continually reviewed and where necessary adapted in order to create uniform conditions throughout Europe and secure the global competitiveness of the European finance industry,
2010/05/06
Committee: EMPL
Amendment 8 #

2010/2009(INI)

Draft opinion
Paragraph 2 a (new)
2a. Stresses that policy on the remuneration of directors and other staff who bear responsibility for risky decisions should be consistent with a balanced and properly functioning system of risk management, and that there should be an appropriate ratio between fixed and variable pay;
2010/05/06
Committee: EMPL
Amendment 9 #

2010/2009(INI)

Draft opinion
Paragraph 2 b (new)
2b. Stresses that variable remuneration should be calculated in accordance with pre-determined measurable criteria geared to securing corporate policy sustainability; also calls for the payment of a large portion of variable remuneration to be deferred for several years to ensure that longer-term risks are also taken into account;
2010/05/06
Committee: EMPL
Amendment 10 #

2010/2009(INI)

Draft opinion
Paragraph 3
3. Suggests including corporate social responsibility targets in the long- term criteria justifying the payment of deferred variable remuneration;deleted
2010/05/06
Committee: EMPL
Amendment 22 #

2010/2009(INI)

Draft opinion
Paragraph 4
4. Calls for complete transparency with regard to remuneration policies for directors and urges the Commission to explore the possibilities of standardising such disclosure;
2010/05/06
Committee: EMPL
Amendment 29 #

2010/2009(INI)

Draft opinion
Paragraph 5
5. Calls for a ban on using stock options or similar instruments as variable components of remuneration;deleted
2010/05/06
Committee: EMPL
Amendment 37 #

2010/2009(INI)

Draft opinion
Paragraph 7
7. Calls for it to be ensured that, when remuneration is being regulated, this is not done to the detriment of the right of management and labour to collective bargaining.deleted
2010/05/06
Committee: EMPL
Amendment 50 #

2010/0373(COD)

Proposal for a regulation
Article 5 – paragraph 3 a (new)
3a. Direct debits issued by payers in accordance with national provisions prior to the date referred to in Article 5(2) shall be migrated as of this date by payment service providers to SEPA direct debits free of charge and automatically, unless the payer objects to migration within four weeks.
2011/06/07
Committee: IMCO
Amendment 51 #

2010/0373(COD)

Proposal for a regulation
Article 5 – paragraph 3 b (new)
3b. Standing orders issued by payers in accordance with national provisions prior to the date referred to in Article 5(1) shall be migrated as of this date by payment service providers to the SEPA system free of charge and automatically, unless the payer objects to migration within four weeks.
2011/06/07
Committee: IMCO
Amendment 14 #

2010/0298(COD)

Proposal for a regulation – amending act
Recital 1
(1) Pursuant to Article 16 of Regulation (EC) No 648/2004, the Commission has evaluated the use of phosphates in detergents in the Report to the Council and the European Parliament concerning the use of phosphates. Following further analysis, the Commission has concluded that the use of phosphates in household laundry detergents should be limitbanned in order to reduce the contribution of phosphates from detergents to eutrophication risks and to reduce the costs of phosphates removal in waste water treatment plants. Those cost savings outweigh the cost of reformulating household laundry detergents with alternatives to phosphates.
2011/04/05
Committee: IMCO
Amendment 16 #

2010/0298(COD)

Proposal for a regulation – amending act
Recital 2
(2) Efficient alternatives to phosphates- based household laundry detergents require small amounts of other phosphorous compounds, namely phosphonates, which if used in increasing quantities might be of concern for the environmentfulfill a very specific function that is different to detergents and are used in such small quantities that they do not contribute to any measureable extent to eutrophication.
2011/04/05
Committee: IMCO
Amendment 18 #

2010/0298(COD)

Proposal for a regulation– amending act
Recital 3
(3) The interaction between phosphates and other phosphorous compounds requires a careful choice of the scope and level of the limitation. The limitation should apply to all phosphorous compounds in order to preclude a mere substitution of the limited phosphates by other phosphorous compounds. The limitation for phosphorous content should be low enough to effectively prevent the marketing of phosphate-based household laundry detergent formulations, while being high enough to allow the minimum quantity of phosphonates required for alternative formulations.deleted
2011/04/05
Committee: IMCO
Amendment 20 #

2010/0298(COD)

Proposal for a regulation – amending act
Recital 5
(5) It is not appropriate to extend limitations of the use of phosphates and other phosphorous compounds in household laundry detergents to household automatic dishwasher detergents or to industrial and institutional detergents because suitable technically and economically feasible alternatives to the use of phosphates in those detergents are not yet available and because an impact assessment is not yet available evaluating the impacts of extending limitations to household automatic dishwasher detergents, in particular evaluating reformulation costs and the impact of chemicals used in phosphate-free formulations, household water and energy consumption in the consumer use phase (wash cycle), and the economic costs to consumers.
2011/04/05
Committee: IMCO
Amendment 21 #

2010/0298(COD)

Proposal for a regulation – amending act
Recital 5
(5) It is not appropriate to extend limitations of the useban ofn phosphates and other phosphorous compounds in household laundry detergents to household automatic dishwasher detergents or to industrial and institutional detergents or to restrict the use of phosphates in those detergents because suitable technically and economically feasible alternatives to the use of phosphates in those detergents are not yet available.
2011/04/05
Committee: IMCO
Amendment 22 #

2010/0298(COD)

Proposal for a regulation – amending act
Recital 9
(9) It is appropriate to provide for deferred application of the restrictioban established in this Regulation so as to allow operators, in particular small and medium–sized enterprises, to reformulate their phosphate– based household laundry detergents using alternatives during their usual reformulation cycle in order to minimise the costs.
2011/04/05
Committee: IMCO
Amendment 23 #

2010/0298(COD)

Proposal for a regulation – amending act
Article 1 – point 1
Regulation (EC) No 648/2004
Article 1 – paragraph 2 – indent 5
– limitations or bans on the content of phosphates and other phosphorous compounds in detergents.
2011/04/05
Committee: IMCO
Amendment 24 #

2010/0298(COD)

Proposal for a regulation – amending act
Article 1 – point 3
Regulation (EC) No 648/2004
Article 4 a
Detergents listed in Annex VIa that do not comply with the limitations on the content of phosphates and of other phosphorous compounds laid down in that Annex shall not be placed on the market from the date set out in that Annex.
2011/04/05
Committee: IMCO
Amendment 27 #

2010/0298(COD)

Proposal for a regulation – amending act
Article 1 – point 7
Member States may maintain or lay down national rules concerning restrictions on the content of phosphates and of other phosphorous compounds in detergents for which no restrictions on the content are set out in Annex VIa where justified on grounds of protection of the aquatic environment and where technically and economically feasible alternatives are available.
2011/04/05
Committee: IMCO
Amendment 29 #

2010/0298(COD)

Proposal for a regulation – amending act
Article 1 – point 8
Regulation (EC) No 648/2004
Article 16
By 31 December 2014, the Commission shall evaluate, submit a report to the European Parliament and to the Council on the use of phosphates and other phosphorous compounds in household automatic dishwasher detergents and, if justified, present a legislative proposal with a view to their gradual phase-out or restriction to specific applications. By this date, the Commission shall also evaluate and submit a report to the European Parliament and to the Council on the technical, economic and sustainable development perspectives for phosphate recovery and recycling from domestic sewage, animal manures and industrial wastes, taking into account the resource stewardship and geopolitical aspects of phosphate rock reserves and assessing the implications for the use and possible recycling of phosphates in detergents.
2011/04/05
Committee: IMCO
Amendment 30 #

2010/0298(COD)

Proposal for a regulation – amending act
Article 1 – point 11 a (new)
Regulation (EC) No 648/2004
Annex VII – Section B a (new)
(11a) In Annex VII, the following section Ba is inserted : "Ba. Information on sustainable use Without prejudice to Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (codified version)1, the labelling of household laundry detergents shall mention relevant information, by means of a logo and/or text, on encouraging the sustainable use of laundry detergents, such as recommendations for avoiding the incomplete filling of washing machines, paying attention to the dosing instructions, washing at low temperature and recycling/refilling packaging." __________ 1 OJ L 376, 27. 12.2006, p. 21.
2011/04/05
Committee: IMCO
Amendment 33 #

2010/0298(COD)

Proposal for a regulation – amending act
Annex
Regulation (EC) No 648/2004
Annex VI a – title and column 2 – row 2
LIMITATIONS ON THE CONTENT OF PHOSPHATES AND OF OTHER PHOSPHOROUS COMPOUNDS Shall not be placed on the market if the total content of phosphorous is equal to or greater than 0.5 % by weighty contain added phosphates
2011/04/05
Committee: IMCO
Amendment 48 #

2010/0281(COD)

Proposal for a regulation
Recital 6
6. This procedure should rely on an alert mechanism for early detection of emerging macroeconomic imbalances. It should be based on use of an indicative and transparent scoreboard combined with economic judgment, particularly in relation to competitiveness.
2011/02/14
Committee: EMPL
Amendment 49 #

2010/0281(COD)

Proposal for a regulation
Recital 7
7. The scoreboard should consist of a limited set of economic and financial indicators relevant to competitiveness and detection of macroeconomic imbalances, with corresponding indicative thresholds. The composition of the scoreboard may evolve in time, inter alia due to evolving threats to macroeconomic stability or enhanced availability of relevant statistics.
2011/02/14
Committee: EMPL
Amendment 64 #

2010/0281(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. The scoreboard shall be made up of an array of macroeconomic and macrofinancial indicators for Member States, particularly emphasising the competitiveness of the Member States. The Commission may set indicative lower or upper thresholds for these indicators to serve as alert levels. The thresholds applicable to Member States whose currency is the euro may be different from those applicable to the other Member States.
2011/02/14
Committee: EMPL
Amendment 75 #

2010/0281(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. The release of the updated scoreboard shall be accompanied by a Commission report containing an economic and financial assessment of competitiveness, putting the movement of the indicators into perspective, drawing if necessary on any other economic and financial indicator relevant to detection of imbalances. The report shall also indicate whether the crossing of lower or upper thresholds in one or more Member States signifies the possible emergence of imbalances.
2011/02/14
Committee: EMPL
Amendment 67 #

2010/0280(COD)

Proposal for a regulation – amending act
Recital 5
(5) The content of the stability and convergence programmes as well as the criteria for their examination should further be adapted in the light of the experience gained with the implementation of the Stability and Growth Pact, in particular with a view to the Union's competitiveness.
2011/02/11
Committee: EMPL
Amendment 70 #

2010/0280(COD)

Proposal for a regulation – amending act
Recital 6
(6) Adherence to the medium-term budgetary objective of budgetary positions should allow Member States to have a safety margin with respect to the 3% of GDP reference value in order to ensure rapid progress towards sustainability and to have room for budgetary manoeuvre, in particular taking into account the needs of public investment, in order to improve their competitiveness.
2011/02/11
Committee: EMPL
Amendment 85 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 2 – point a
Regulation (EC) No 1466/97
Article 3 – paragraph 1
1. Each participating Member State shall submit to the Council and Commission information necessary for the purpose of multilateral surveillance at regular intervals under Article 121 of the Treaty in the form of a stability programme, which provides an essential basis for price stability, competitiveness and for strong sustainable growth conducive to employment creation.
2011/02/11
Committee: EMPL
Amendment 111 #

2010/0280(COD)

Proposal for a regulation – amending act
Article 1 – point 6 – point a
Regulation (EC) No 1466/97
Article 7 – paragraph 1
1. Each Member State with a derogation shall submit to the Council and the Commission information necessary for the purpose of multilateral surveillance of regular intervals under Article 121 of the Treaty in the form of a convergence programme, which provides an essential basis for price stability, competitiveness and for strong sustainable growth conducive to employment creation.
2011/02/11
Committee: EMPL
Amendment 21 #

2010/0279(COD)

Proposal for a regulation
Recital 1 a (new)
1a. The Stability and Growth Pact and the complete economic governance framework should complement and be compatible with a Union strategy for growth and jobs which aims at boosting the Union's competitiveness.
2011/02/11
Committee: EMPL
Amendment 22 #

2010/0279(COD)

Proposal for a regulation
Recital 1 b (new)
1b. The European semester for economic policy coordination should play a vital role in implementing Article 121(1) of the Treaty on the Functioning of the European Union (TFEU), laying down that Member States regard their economic policies as a matter of common concern and that they coordinate them in that respect. Transparency and independent oversight are an integral part of enhanced economic governance. The Council and the Commission should make public and state the reasons for their positions and decisions at the appropriate stages of the economic policy coordination procedures.
2011/02/11
Committee: EMPL
Amendment 24 #

2010/0279(COD)

Proposal for a regulation
Recital 9 a (new)
9a. A one-off fine should be imposed if a Member State manipulates financial data, falsifies statistics or provides misleading information as a consequence of misconduct.
2011/02/11
Committee: EMPL
Amendment 25 #

2010/0279(COD)

Proposal for a regulation
Recital 10 a (new)
10a. The fine should be similar for all Member States whose currency is the euro and equal to a minimum of 0.1% and a maximum of 0.5% of the gross domestic product (GDP) of the Member State concerned in the preceding year, depending on the severity of non- compliance with Council or Commission recommendations. If a Member State manipulates financial data, falsifies statistics or provides misleading information, the fine should be equal to 0.5% of the Member State’s GDP.
2011/02/11
Committee: EMPL
Amendment 28 #

2010/0279(COD)

Proposal for a regulation
Recital 12
12. The collected fines should be distributed between Member States whose currency is the euro which are neither the subject of an excessive imbalance procedure nor have an excessive deficitallocated to a permanent crisis mechanism (European Monetary Fund). Until the establishment of such a fund, the fines should be credited to the European Financial Stability Facility.
2011/02/11
Committee: EMPL
Amendment 33 #

2010/0279(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. The yearly fine to be proposed by the Commission shall be 0.1at least 0.1% and not more than 0.5% of the GDP of the Member State concerned in the preceding year.
2011/02/11
Committee: EMPL
Amendment 35 #

2010/0279(COD)

Proposal for a regulation
Article 3 – paragraph 4 a (new)
4a. In the event that a Member State manipulates financial data, falsifies statistics or provides misleading information, the Council, acting on a proposal from the Commission, may adopt a decision requiring the Member State to pay a fine. Such a fine shall be a one-off payment of 0.5% of the GDP of the Member State concerned in the preceding year. The decision shall be deemed adopted by the Council unless it decides, by qualified majority, to reject the proposal within ten days of the Commission adopting it. The Council may amend the proposal in accordance with Article 293(1) of the Treaty.
2011/02/11
Committee: EMPL
Amendment 36 #

2010/0279(COD)

Proposal for a regulation
Article 4
Fines collected in accordance with Article 3 of this Regulation shall constitute other revenue, as referred to in Article 311 of the Treaty, and shall be distributed, in proportion to their share in the total gross national income (GNI) of the eligible Member States, between Member States whose currency isallocated to the permanent crisis mechanism (European Monetary Fund). Until the establishment of the eEuro and which are not the subject of an excessive imbalance procedure within the meaning of Regulation (EU) No […/…] and do not have an excessive deficit as determined in accordance with Article 126(6) of the Treapean Monetary Fund, those fines shall be credited to the European Financial Stability Facility.
2011/02/11
Committee: EMPL
Amendment 38 #

2010/0279(COD)

Proposal for a regulation
Article 5 a (new)
In order to enhance the dialogue between the Union institutions, in particular the European Parliament, the Council and the Commission on the one hand, and the national parliaments, national governments and other relevant bodies of the Member States on the other, and to ensure greater transparency and accountability, the competent committee of the European Parliament may organise public debates on macro-economic and budgetary surveillance undertaken by the Council and the Commission.
2011/02/11
Committee: EMPL
Amendment 24 #

2010/0278(COD)

Proposal for a regulation
Recital 6
(6) Prudent fiscal policy-making should effectively achieve and maintain the medium-term budgetary objective. Adherence to the medium-term objective for budgetary positions should allow Member States to have a safety margin with respect to the 3% of GDP reference values of 3% of GDP for the government deficit and 60% of GDP for government debt, to ensure rapid progress towards sustainability, and at the same time to have room for budgetary manoeuvre, in particular taking into account the needs for public investment.
2011/02/11
Committee: EMPL
Amendment 25 #

2010/0278(COD)

Proposal for a regulation
Recital 7
(7) In the preventive part of the Stability and Growth Pact, the incentive for prudent fiscal policy-making should consist of an obligation to lodge an interest-bearing deposit temporarily imposed on a Member State whose currency is the euro that is making insufficient progress with budgetary consolidation. This should be the case when, following an initial warning from the Commission, a Member State persists in conduct which, while not amounting to a violation of the ban on excessive deficits or excessive government debt, is imprudent and potentially detrimental to the smooth functioning of economic and monetary union, and the Council therefore issues a recommendation in accordance with Article 121(4) of the Treaty.
2011/02/11
Committee: EMPL
Amendment 26 #

2010/0278(COD)

Proposal for a regulation
Recital 9
(9) In the corrective part of the Stability and Growth Pact, sanctions for Member States whose currency is the euro should take the form of an obligation to lodge a non-interest-bearing deposit linked to a Council decision establishing the existence of an excessive deficit or excessive government debt and the obligation to pay a fine in the event of non-compliance with a Council recommendation to correct an excessive government deficit or excessive government debt. These sanctions should be imposed irrespective of whether or not an interest-bearing deposit has previously been imposed on the Member State concerned.
2011/02/11
Committee: EMPL
Amendment 28 #

2010/0278(COD)

Proposal for a regulation
Recital 12
(12) The non-interest-bearing deposit should be released upon correction of the excessive deficit or excessive government debt while the interest on such deposits and the fines collected should be distributed among Member States whose currency is the euro which do not have an excessive deficit and which are not the subject of an excessive imbalance procedure eitherallocated to the permanent crisis mechanism (European Monetary Fund). Until the establishment of the European Monetary Fund, those fines shall be credited to the European Financial Stability Facility.
2011/02/11
Committee: EMPL
Amendment 36 #

2010/0278(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. If the Council decides in accordance with Article 126(6) of the Treaty that an excessive deficit or excessive government debt exists in a Member State, the lodging of a non-interest-bearing deposit shall be imposed by the Council, acting on a proposal from the Commission. The decision shall be deemed adopted by the Council unless it decides by qualified majority to reject the proposal within ten days of the Commission adopting it. The Council may amend the proposal in accordance with Article 293(1) of the Treaty.
2011/02/11
Committee: EMPL
Amendment 39 #

2010/0278(COD)

Proposal for a regulation
Article 4 – paragraph 2 a (new)
2a The non-interest-bearing deposit shall increase by a specific percentage depending on the duration and severity of the deficit or debt procedure. The Commission shall define the precise procedure to be followed in cooperation with the Council.
2011/02/11
Committee: EMPL
Amendment 43 #

2010/0278(COD)

Proposal for a regulation
Article 5 – paragraph 1 a (new)
1a. Serious, repeated or constant breaches of the Council recommendation can lead to warnings that future Structural Fund resources will be withdrawn. The Commission shall define the precise procedure to be followed in order to withdraw resources in cooperation with the Council.
2011/02/11
Committee: EMPL
Amendment 45 #

2010/0278(COD)

Proposal for a regulation
Article 7
The interest earned by the Commission on deposits lodged in accordance with Article 4 and the fines collected in accordance with Article 5 shall constitute other revenue referred to in Article 311 of the Treaty, and shall be distributed, in proportion to their share in the gross national income of the eligible Member States, among Member States whose currency is the euro which do not have an excessive deficit as determined in accordance with Article 126(6) of the Treaty and which are not the subject of an excessive imbalance procedure within the meaning of Regulation (EU) No […/…]be allocated to a permanent crisis mechanism (European Monetary Fund). Until the establishment of such a fund, the fines should be credited to the European Financial Stability Facility.
2011/02/11
Committee: EMPL
Amendment 55 #

2010/0276(CNS)

Proposal for a regulation – amending act
Article 1 – point 14
Regulation (EC) No 1467/97
Article 16
Fines referred to in Article 12 of this Regulation shall constitute other revenue referred to in Article 311 of the Treaty and shall be distributed among participating Member States which do not have excessive deficit as determined in accordance with Article 126(6) of the Treaty and which are not the subject of an excessive imbalance procedure within the meaning of Regulation (EU) No […/…], in proportion to their share in the total gross national income (GNI) of the eligible Member Statesallocated to the permanent crisis mechanism (European Monetary Fund). Pending the establishment of the European Monetary Fund, those fines shall be credited to the European Financial Stability Facility.
2011/02/10
Committee: EMPL
Amendment 23 #

2010/0252(COD)

Proposal for a decision
Recital 1
(1) Article 8a(3) of the Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) provides that the Commission may submit a legislative proposal to the European Parliament and Council for establishing multiannual radio spectrum policy programmes setting out policy orientations and objectives for the strategic planning and harmonisation of the use of spectrum in accordance with the directives applicable to electronic communications networks and services. These policy orientations and objectives should refer to the availability and efficient use of spectrum necessary for the establishment and functioning of the internal market. This Decision is without prejudice to existing EU law, in particular Directives 1999/5/EC and Directives, 2002/19/EC, 2002/20/EC, 2002/201/EC and 2002/219/140/EC, as well as Decision No 676/2002/EC. It is also without prejudice to measures taken at national level, in compliance with EU law, to pursue general interest objectives, in particular relating to content regulation and audio-visual policy and to the right of Member States to organise and use their spectrum for public order and public security purposes and defence.
2011/03/07
Committee: IMCO
Amendment 31 #

2010/0252(COD)

Proposal for a decision
Recital 5
(5) The first programme should specify guiding principles and objectives up to 2015 for Member States and Union institutions, and set out specific implementation initiatives. While spectrum management is still largely a national competence, it should be exercised in compliance with existing Union law and allow for action to pursue Union policies.
2011/03/07
Committee: IMCO
Amendment 40 #

2010/0252(COD)

Proposal for a decision
Recital 13
(13) The 800 MHz band is optimal for the coverage of large areas by wireless broadband services. Building on the harmonisation of technical conditions under Decision 2010/267/EU, and on Commission Recommendation of 28 October 2009 calling for analogue broadcasting to be switched off by 1 January 2012, and given rapid national regulatory developments, this band should in principle be made available for electronic communications in the Union by 2013. In the longer term, additional spectrum below 790 MHz cshould also be einvisaged, dependingestigated, on the basis of the inventory onf experience and the lack ofisting spectrum use and of possible future needs for spectrum in other bands adequate for coverage Union, referred to in Article 8. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.
2011/03/07
Committee: IMCO
Amendment 46 #

2010/0252(COD)

Proposal for a decision
Recital 14
(14) Since a common approach and economies of scale are key to developing broadband communications throughout the Union and preventing competition distortion and market fragmentation among Member States, certain authorisation and procedural conditions could be defined in concerted action among Member States and with the Commission. Conditions could include coverage obligations, spectrum block size, the timing of granting rights, access to mobile virtual network operators (MVNOs) and the duration of rights of use. Reflecting the importance of spectrum trading for increasing efficient use of spectrum and developing the internal market for wireless equipment and services, these conditions should apply to spectrum bands that are allocated to wireless communications, and for which rights of use may be transferred or leased.
2011/03/07
Committee: IMCO
Amendment 48 #

2010/0252(COD)

Proposal for a decision
Recital 24
(24) The Commission should report to the European Parliament and the Council at regular intervals on the results achieved under this Decision, as well as on planned future actions.
2011/03/07
Committee: IMCO
Amendment 53 #

2010/0252(COD)

Proposal for a decision
Article 1 – paragraph 1 a (new)
1a. This Decision shall be without prejudice to Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services. __________________________ 1 OJ L 337, 18.12.2009, p. 37.
2011/03/07
Committee: IMCO
Amendment 56 #

2010/0252(COD)

Proposal for a decision
Article 2 – paragraph 1 – point a
(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies as effectively as possible and across the board;
2011/03/07
Committee: IMCO
Amendment 60 #

2010/0252(COD)

Proposal for a decision
Article 2 – point d
(d) guaranteeing the functioning of the internal market, in particular by ensuring effective competition and efficient coordination of spectrum harmonisation and standardisation.
2011/03/07
Committee: IMCO
Amendment 67 #

2010/0252(COD)

Proposal for a decision
Article 4 – paragraph 1
1. Member States shall adopt by 1 January 2013 authorisation and allocation measures appropriate for the development of broadband services, in conformity with Directive 2002/20/EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services (Authorisation Directive), such as allowing relevant operators, where possible and on the basis of consultations in accordance with Article 11, direct or indirect access to contiguous blocks of spectrum of at least 10 MHz.
2011/03/07
Committee: IMCO
Amendment 68 #

2010/0252(COD)

Proposal for a decision
Article 4 – paragraph 3
3. Member States and the Commission shall cooperate to develop and harmonise standards for radio equipment and telecommunications terminals as well as for electric and electronic equipment and networks based where necessary upon standardisation mandates from the Commission to the relevant standardisation bodies. Efficient coordination of spectrum harmonisation and standardisation will be particularly important in this regard so that consumers can use appliances that depend on radio spectrum without restriction and throughout the internal market.
2011/03/07
Committee: IMCO
Amendment 79 #

2010/0252(COD)

Proposal for a decision
Article 5 – paragraph 3 a (new)
3a. Where Member States wish to adopt one of the measures under paragraph 2, they shall do so in accordance with the conditions stipulated in Article 6 of the Authorisation Directive and in accordance with the procedures under Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services1; __________________________ 1 OJ L 337, 18.12.09, p. 37.
2011/03/07
Committee: IMCO
Amendment 81 #

2010/0252(COD)

Proposal for a decision
Article 6 – paragraph 3
3. Member States shall, by 1 January 2013 make the 800 MHz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the Decision No 676/2002/EC. In Member States where exceptional national or local circumstances would prevent the availability of the band, the Commission may authorise specific derogations until 2015. In accordance with Article 9 of Directive 2002/21/EC , the Commission, in cooperation with the Member States, shall keep under review the use of the spectrum below 1GHzacross the entire range and assess whether additional spectrum could be freed and made available for new applications.
2011/03/07
Committee: IMCO
Amendment 88 #

2010/0252(COD)

Proposal for a decision
Article 6 – paragraph 4
4. Member States, in cooperation with the Commission, shall ensure that the provision of access to broadband content and services using the 790-862 MHz (800MHz) band is encouraged in sparsely populated areas, in particulf necessary through coverage obligations; in doing so, they shall examine ways and, where necessary, take appropriate measures to ensure that the freeing of the 800 MHz band does not adversely affect programme making and special events (PMSE) users and terrestrial broadcasting services. In particular, the Member States, in cooperation with the Commission, shall investigate possible technical solutions for the parallel use of spectrum bands by users of terrestrial broadcasting and mobile telephony services, so as to take account of the differing needs of urban population centres and sparsely populated areas.
2011/03/07
Committee: IMCO
Amendment 91 #

2010/0252(COD)

Proposal for a decision
Article 6 – paragraph 4 a (new)
4a. The Member States, in cooperation with the Commission, should take the necessary technical and regulatory measures to prevent harmful interference between mobile services and broadcasting and PMSE users. The Member States should make sufficient funds available in good time to cover the migration costs associated with the freeing of the 800 MHz band and the measures to protect against interference.
2011/03/07
Committee: IMCO
Amendment 100 #

2010/0252(COD)

Proposal for a decision
Article 8 – paragraph 1
1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possibleidentify future needsdemand for spectrum in the Union, in particular in the range from 300 MHz to 3 GHz across the entire range.
2011/03/07
Committee: IMCO
Amendment 102 #

2010/0252(COD)

Proposal for a decision
Article 8 – paragraph 2
2. The inventory referred to in paragraph (1) shall, on the basis of clearly defined and transparent criteria and methods, allow the assessment of the technical efficiency of existing spectrum uses and the identification of inefficient technologies and applications, unused or inefficiently used spectrum and spectrum sharing opportunities. It shall take into account future needs for spectrum based on consumers' and operators' demands, and of the possibility to meet such needs.
2011/03/07
Committee: IMCO
Amendment 1 #

2009/2227(INI)

Draft opinion
Paragraph 1
1. Underlines that the proper functioning of the internal market, based on the elimination of barriers to trade and a high level of consumer protection and social cohesion, is a driving force for European competitiveness and a necessary prerequisite if entrepreneurs are to be the drivers of innovation in Europe;
2010/03/01
Committee: IMCO
Amendment 3 #

2009/2227(INI)

Draft opinion
Paragraph 2
2. Regrets, in this connection, the lack of a true internal market for innovations in the EU, and calls on the Commission and the Member States to coordinate their efforts in this area, notably where the EU patenta prompt agreement on a Community patent and a single patent court system is concerned;
2010/03/01
Committee: IMCO
Amendment 6 #

2009/2227(INI)

Draft opinion
Paragraph 3 a (new)
3a. Emphasises the strategic importance of key enabling technologies for innovation in connection with processes, goods and services and the transition to a knowledge-based, low-carbon economy; endorses the guidelines for the development of an industrial policy framework for key enabling technologies put forward by the Commission in its communication COM(2009) 512 and joins with the Commission in calling on the Member States to reach agreement on the importance of the use of key enabling technologies in the EU;
2010/03/01
Committee: IMCO
Amendment 8 #

2009/2227(INI)

Draft opinion
Paragraph 5
5. Calls on the Member States, in addition to supply-side measures, to use public procurement to drive demand for innovative goods and services whilst improving the quality of public services; emphasises that contracting authorities should include innovation as one of the goals of their procurement programmes;
2010/03/01
Committee: IMCO
Amendment 14 #

2009/2224(INI)

Draft opinion
Paragraph 6
6. Agrees that it is essential that new systems and applications are not hampered by barriers such as excessive licences/fees or inappropriate intellectual property schemeinsurmountable barriers, to ensure a competitive market and adequate levels of interoperability;
2010/03/19
Committee: IMCO
Amendment 127 #

2009/2222(INI)

Motion for a resolution
Paragraph 13
13. Considers that, in order to maintain the delivery of quality SSGI, the Member States need new income streams, such as a financial transaction tax;deleted
2011/03/28
Committee: EMPL
Amendment 172 #

2009/2222(INI)

Motion for a resolution
Paragraph 18
18. Calls for the 2005 Monti-Kroes response to the Altmark case to be broadened so as to simplify the rules, improve flexibility in their application, and expand the derogations. The de minimis threshold should be raised to at least EUR 500 000 over a three-year cycle;
2011/03/28
Committee: EMPL
Amendment 191 #

2009/2222(INI)

Motion for a resolution
Paragraph 20
20. Emphasises that public procurement rules need to be simplified and made more flexible so that public service obligations can be fulfilled;
2011/03/28
Committee: EMPL
Amendment 199 #

2009/2222(INI)

Motion for a resolution
Paragraph 21
21. Calls on the Commission formally to recognise other modalities for the selection of providers, such as ‘in-house’ and ‘service concession’ methods, and explicitly to accord equal value to all options for the contracting and financing of SSGI; calls for the expansion of the ‘in- house’ method to include service providers who meet specific general interest criteria;
2011/03/28
Committee: EMPL
Amendment 204 #

2009/2222(INI)

Motion for a resolution
Paragraph 22
22. Supports the normative anchoring of a practical ‘in-house’ tendering option for SSGI, based on the model of the revised Regulation 1370/2007 on public passenger transport services by rail and road, which wouldith the provideso that any competent local authority may decide to provide services itself or to award public service contracts to a legally distinct entity over which the competent local authority exercises control similar to that exercised over its own departmentin-house tendering should be permitted only in exceptional cases and must on no account prevent transparent, public tendering;
2011/03/28
Committee: EMPL
Amendment 213 #

2009/2222(INI)

Motion for a resolution
Paragraph 24
24. Calls for redefinition of the concept of ‘most economically advantageous offer’ so as to make national and local social and quality criteria for the delivery of SSGI an obligatory requirement in procurement contracts, including subcontracts;deleted
2011/03/28
Committee: EMPL
Amendment 232 #

2009/2222(INI)

Motion for a resolution
Paragraph 28
28. Proposes the establishment of a high- level multi-stakeholder taskforce – initially with a two-year mandate – that is open, flexible and transparent, to pursue implementation of the policy initiatives identified in this report and in the 3rd Forum recommendations, the Commission’s second Biennial Report and the SPC reports, as well as any other relevant proposals; to initiate a full review of all rules, particularly state-aid and procurement rules, which impact on SSGI and to evaluate how they need to be redesigned so as to respect and support Member States’ responsibilities in the definition and delivery of SSGI, taking account of the current Commission review of rules;deleted
2011/03/28
Committee: EMPL
Amendment 16 #

2009/2178(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission to create the EU Certification Label system, which would give a high level of protection for certification marks established at European or at national level;deleted
2010/03/01
Committee: IMCO
Amendment 22 #

2009/2178(INI)

Draft opinion
Paragraph 4
4. Calls for closer administrative cooperation and information exchange between supervisory authorities concerning the infringement of intellectual property rightsand closer cooperation between customs and market surveillance authorities concerning the infringement of intellectual property rights; calls on the Commission in this connection to do more to monitor the implementation by the Member States of the market surveillance regulations, particularly Regulation (EC) 765/2008, and, if necessary, bring infringement proceedings without delay;
2010/03/01
Committee: IMCO
Amendment 28 #

2009/2178(INI)

Draft opinion
Paragraph 5
5. Calls on the Commission to develop international measures for the cooperation of the consumer protection supervisory authorities with third countries (in accordance with Article 18 of the Regulation on consumer protection cooperation) and to step up international cooperation with their customs and market surveillance authorities for easier imposition of penalties on international counterfeit goods distributors;
2010/03/01
Committee: IMCO
Amendment 30 #

2009/2178(INI)

Draft opinion
Paragraph 6
6. Considers that with regard to the need to deal effectively with the large quantities of counterfeit goods from third countries entering the internal market, it is necessary for Parliament to be immediately and fully informed at all stages on the negotiation of the Anti-Counterfeiting Trade Agreement (ACTA), in accordance with Article 218(10) of the Treaty on the Functioning of the European Union; recalls in this regard Parliament's previous decisions on tackling intellectual property infringements, as recently decided in the amended Framework Directive on a common regulatory framework for electronic communications networks and services (2002/21/EC1);
2010/03/01
Committee: IMCO
Amendment 3 #

2009/2177(INI)

Draft opinion
Recital B
B. whereas profits generated in the financial sector have been disconnected from economic growth, with disproportionately high remunerations, based solely on shareholder profits, creating immoral risks with employees’, savers’ and investors’ money,
2010/02/15
Committee: EMPL
Amendment 1 #

2009/2176(INI)

Motion for a resolution
Paragraph 7
7. Encourages the EEA EFTA States to allocate adequate resources for implementing the Services Directive and to set up the single points of contact in particularinternal market legislation; considers the implementation of the Services Directive and in particular the setting-up of single points of contact to be of crucial importance in this connection;
2010/06/08
Committee: IMCO
Amendment 2 #

2009/2176(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Recognises that, for institutional reasons, the implementation of internal market legislation is necessarily proceeding more slowly in EEA EFTA countries than in the EU; notes that, despite these differing conditions and the broadly positive results, there is still potential for further reducing the implementation deficit in the EEA EFTA States as well;
2010/06/08
Committee: IMCO
Amendment 6 #

2009/2176(INI)

Motion for a resolution
Paragraph 13
13. Observes that in general the FMPA does not contain a comprehensive agreement on the free movement of services, with the latter only being very selectively covered by specific bilateral agreements; stresses that a comprehensive agreement on the free movement of services would bring significant economic benefits for both sides; calls on the Commission and Switzerland, therefore, to explore the possibility of launching negotiations with the aim of concluding an all-encompassing agreement on the free movement of services;
2010/06/08
Committee: IMCO
Amendment 7 #

2009/2176(INI)

Motion for a resolution
Paragraph 14
14. While fully respecting the causes of the specific nature of the relations between Switzerland and the EU, considers that every effort should be made so that identical or parallel internal market rules, inter alia in the area of free movement of services, are interpreted and applied in the same manner in the EU and Switzerland, in order to ensure Switzerland's meaningfuequal participation in the internal market;
2010/06/08
Committee: IMCO
Amendment 8 #

2009/2176(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Encourages the Commission and Switzerland to reach a prompt understanding in the ongoing negotiations on bilateral agreements on electricity, agriculture, food safety, product safety and public health; calls on the Commission and Switzerland to formulate these and future agreements as clearly as possible, taking account of future developments, so that the possibilities for uneven application are strictly limited from the outset;
2010/06/08
Committee: IMCO
Amendment 9 #

2009/2176(INI)

Motion for a resolution
Paragraph 18
18. Calls on the Commission and Switzerland to explore the possibilities to find horizontal solutions to certain institutional issues, to decrease fragmentation in the decision-making system and, to enhance communication between the Joint Committees and to consider the introduction of an effective dispute settlement mechanism; calls for Switzerland to be more closely involved in the decision-shaping process within the EU, e.g. by allowing it to make recommendations;
2010/06/08
Committee: IMCO
Amendment 5 #

2009/2175(INI)

Motion for a resolution
Citation 10 a (new)
- having regard to the opinion of the Committee of the Regions of 10 February 2010 on ‘contributing to Sustainable Development: the role of Fair Trade and non-governmental trade-related sustainability assurance schemes’ (RELEX-IV-026),
2010/03/26
Committee: IMCO
Amendment 6 #

2009/2175(INI)

Motion for a resolution
Citation 14 a (new)
- having regard to its resolution of 6 June 2006 on Fair Trade and Development (2005/2245 (INI)),
2010/03/26
Committee: IMCO
Amendment 9 #

2009/2175(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas private undertakings must have the opportunity to win public contracts and there should be fair competition for public contracts,
2010/03/26
Committee: IMCO
Amendment 10 #

2009/2175(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas an important purpose of the public procurement rules is to ensure that the State spends public money as efficiently as possible,
2010/03/26
Committee: IMCO
Amendment 11 #

2009/2175(INI)

Motion for a resolution
Recital C
C. whereas the Lisbon Reform Treaty has for the first time incorporated into European Union primary law an acknowledgement of the right to regional and local self-government, consolidated the concept of subsidiarity and granted both the national parliaments and the Committee of the Regions the right to bring actions before the CJEU,(Does not affect English version.)
2010/03/26
Committee: IMCO
Amendment 18 #

2009/2175(INI)

Motion for a resolution
Paragraph 1 – title
General remarks and recommendations
2010/03/26
Committee: IMCO
Amendment 19 #

2009/2175(INI)

Motion for a resolution
Paragraph 1
1. Deplores the fact that the aims of the 2004 revision of the public procurement directives have not yet been achieved particularly with regard to the simplification of the procurement rules as well as the creation of more legal certainty; expresses the hope, however, that the most recent judgments handed down by the CJEU will help to resolve the outstanding legal issues and that the number of appeal procedures will fall;
2010/03/26
Committee: IMCO
Amendment 21 #

2009/2175(INI)

Motion for a resolution
Paragraph 2
2. Deplores, further, the fact that, in particular as a result of the plethora of soft law proposals put forward by the Commission and Commission departments and of the interpretation of the relevant legal provisions by European courts, the interaction between European, national and regional law has given rise to a complicated and confusing set of rules which is creating, in particular for smaller local authorities and for small and medium-sized undertakingfor small and medium- sized undertakings and for smaller local authorities, serious legal problems which they can no longer overcome without incurring substantial administrative costs or seeking external legal advice; urges the Commission to remedy this situation and, as part of the Better Lawmaking initiative, to examine the impact of soft law proposals and assess them in the light of the principles of subsidiarity and proportionality;
2010/03/26
Committee: IMCO
Amendment 25 #

2009/2175(INI)

Motion for a resolution
Paragraph 2
2. Deplores, further, the fact that, in particular as a result of the interaction between European, national and regional law, as well as the plethora of soft law proposals put forward by the Commission and Commission departments and of the interpretation of the relevant legal provisions by European courts, the interaction between European, national and regional lawand National courts, has given rise to a complicated and confusing set of rules which is creating, in particular for smaller local authorities and for small and medium-sized undertakings, serious legal problems which they can no longer overcome without incurring substantial administrative costs or seeking external legal advice; urges the Commission to remedy this situation and, as part of the Better Lawmaking initiative, to examine the impact of soft law proposals, to restrict them to the essential and assess them in the light of the principles of subsidiarity and proportionality;
2010/03/26
Committee: IMCO
Amendment 28 #

2009/2175(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Points out that as a result of this development, the public procurer often has to prioritize legal certainty above policy needs, and given the pressure on public budgets, frequently has to award the contract or service to the cheapest offer, rather than to the most economically advantageous tender. Is afraid that this will weaken the EU’s innovative base and global competitiveness; Urges the Commission to remedy this situation and to develop strategic measures to encourage, empowering public procurers to give contracts to the most economical and best quality offers;
2010/03/26
Committee: IMCO
Amendment 33 #

2009/2175(INI)

Motion for a resolution
Paragraph 4
4. Criticises the lack of transparency regarding the composition and results of the work of the internal Commission advisory committee on public procurement (ACPP) or the role and competencies of the advisory Committee on the Opening up of Public Procurement (CCO) and calls on the Commission to take steps to ensure that both this committee and the planned new advisory committee on public-private partnerships have a balanced composition and work in a transparent manner; demands that the European Parliaments is properly informed and is provided with all the information available;
2010/03/26
Committee: IMCO
Amendment 37 #

2009/2175(INI)

Motion for a resolution
Paragraph 4 b (new)
4b. Takes the view that as public contracts concern public funds, they should be transparent and open for public scrutiny; asks the Commission for clarification to ensure that local and other public authorities have legal certainty and can inform their citizens of their contractual obligations;
2010/03/26
Committee: IMCO
Amendment 38 #

2009/2175(INI)

Motion for a resolution
Paragraph 5
5. Calls on the Commission, when reviewing the public procurement directives, to take account of the opinions expressed in this report; expects that review to be carried out with the full involvement of all stakeholders, but warns that it regards a revision of the directives at this juncture as premature; when such a revision is carried out at a later date, however, advocates that it shoul and in close cooperation with the European Parliament; advocates that a revision should take into account the whole framework and also encompass the directive on review procedures concerning public contracts, in order to prevent any further fragmentation of public procurement law; takes the view that the practical impact of that directive cannot yet be assessed, as it has not been transposed in all the Member States;
2010/03/26
Committee: IMCO
Amendment 46 #

2009/2175(INI)

Motion for a resolution
Paragraph 6 – title
Specific remarksPublic-public Cooperation
2010/03/26
Committee: IMCO
Amendment 48 #

2009/2175(INI)

Motion for a resolution
Paragraph 6 – indent 1
- the purpose of the partnership is the joint provision of a public-service task conferred on all local authorities,
2010/03/26
Committee: IMCO
Amendment 49 #

2009/2175(INI)

Motion for a resolution
Paragraph 6 – indent 1
- the purpose of the partnership is the joint provision of a public-service task conferred on all local authorities, where public- interest objectives are thereby achieved and the performance of the task is actually made possible or significantly improved through the cooperation,
2010/03/26
Committee: IMCO
Amendment 55 #

2009/2175(INI)

Motion for a resolution
Paragraph 6 – indent 3 a (new)
– the services covered by the cooperation are not remunerated; no financial transfers may take place between the public partners and, in particular, no profits may be generated from the cooperation;
2010/03/26
Committee: IMCO
Amendment 59 #

2009/2175(INI)

Motion for a resolution
Paragraph 6 d (new)
6d. Points out that the possibility of cooperation between public bodies is limited both geographically and as regards the number of budgets affected by the cooperation;
2010/03/26
Committee: IMCO
Amendment 62 #

2009/2175(INI)

Motion for a resolution
Paragraph 7
7. Points out that in its judgment of 10 September 2009 in Case C-573/07 the CJEU found that the mere possibility of the opening-up of the capital of a previously publicly-owned company to private investors may not be taken into consideration as a factor making competitive tendering a requirement unless there exists, at the time the contract is awarded, a real prospect in the short term of such an opening-up; notes that the law in this area is now sufficiently clear; calls on the Commission and the Member States to provide information about the legal implications of these judgments and expects that in future no further appeal procedures will be brought in these areas; ; further calls on the Commission, in cooperation with the European Parliament and the Member States, to define clear and generally binding criteria governing cooperation between local authorities and in-house operations on the basis of the case-law of the CJEU and to provide information on them in a communication;
2010/03/26
Committee: IMCO
Amendment 66 #

2009/2175(INI)

Motion for a resolution
Paragraph 8 – title (new)
Service Concessions
2010/03/26
Committee: IMCO
Amendment 72 #

2009/2175(INI)

Motion for a resolution
Paragraph 9
9. Notes the Commission Communication of 19 November 2009 on the development of public-private partnerships and awaits the relevant impact assessment with great interest; emphasises that due account must be taken of both the complexity of the procedures and the differences in legal culture and practice between the Member States with regard to service concessions, and doubts, therefore, whether a proposal for a legal act dealing with service concessions would have any added value; takes the view that with the 2004 public procurement directives and the supplementary case-law of the CJEU the process of defining the term ‘service concession’ and establishing the legal framework governing such concessions has been completed; it would be desirable, however, to develop rules on the publication of invitations to tender for service concessions;
2010/03/26
Committee: IMCO
Amendment 77 #

2009/2175(INI)

Motion for a resolution
Paragraph 10 – title (new)
Public-Private Partnership
2010/03/26
Committee: IMCO
Amendment 78 #

2009/2175(INI)

Motion for a resolution
Paragraph 10 – indent 1
- the private participant must be selected by means of a public procedure,transparent procedure, with publication in advance of the contract following a review of the financial, technical, operational and administrative requirements and the characteristics of the tender in the light of the particular service to be provided;
2010/03/26
Committee: IMCO
Amendment 82 #

2009/2175(INI)

Motion for a resolution
Paragraph 11 – title (new)
Town Planning/Urban Development
2010/03/26
Committee: IMCO
Amendment 83 #

2009/2175(INI)

Motion for a resolution
Paragraph 11
11. Looks forward with great interest to the CJEU judgment in Case C-451/08 and hopes that it will clarify the issues still under dispute in the area of town planning; endorses the opinion delivered by the Advocate-General of the CJEU in this case on 17 November 2009 to the effecttakes the view that the broad and ambitious aims of the directive must be borne in mind when interpreting the Directive but it should not be assumed that, by appealing to the purpose of the measure, its scope can be extended indefinitely’ (point 35); otherwise there would be a danger that all town planning activities would be subject to the Directive since, by definition, provisions on the possible execution of building works substantially alter the value of the land in question’ (point 36);
2010/03/26
Committee: IMCO
Amendment 85 #

2009/2175(INI)

Motion for a resolution
Paragraph 12 – title (new)
Procurement below the threshold
2010/03/26
Committee: IMCO
Amendment 86 #

2009/2175(INI)

Motion for a resolution
Paragraph 12
12. Points out that the European Parliament it is a party to the action Germany v Commission brought before the CJEU against the Commission interpretative communication of 1 August 2006 on the Community law applicable to contract awards not or not fully subject to the provisions of the Public Procurement Directives and expects a prompt ruling;
2010/03/26
Committee: IMCO
Amendment 87 #

2009/2175(INI)

Motion for a resolution
Paragraph 12 a (new)
Micro, small and medium-sized enterprises 12a. Asks the Commission to evaluate the impact of the public procurement directives on micro, small and medium- sized enterprises especially in their role as sub-contractor and to assess for a future review of the directives if we need further rules for the award of sub-contracts to avoid specifically that SMEs as subcontractors get worse conditions than the main contractor of the public contract;
2010/03/26
Committee: IMCO
Amendment 93 #

2009/2175(INI)

Motion for a resolution
Paragraph 13 – title (new)
Green Procurement
2010/03/26
Committee: IMCO
Amendment 94 #

2009/2175(INI)

Motion for a resolution
Paragraph 13
13. Draws attention to the great importance of public procurement for climate and environmental protection, energy efficiency, the environment and innovation and reiterates that public authorities should be encouraged and put in a position to base public procurement on ecological, social and other criteria; welcomes the practical assistance given to public authorities and other public bodies in connection with sustainable procurement and urges the Commission and the Member States to organise training courses and campaigns to raise awareness of this issue; supports the idea of a transparent process, involving the Member States, to develop the relevant criteria further; points out that in the area of social criteria in particular such a process offers good prospects for improvements;
2010/03/26
Committee: IMCO
Amendment 95 #

2009/2175(INI)

Motion for a resolution
Paragraph 13
13. Draws attention to the great importance of public procurement for climate protection, energy efficiency, the environment and innovation and reiterates that public authorities should be encouraged and put in a position to base public procurement on ecological, social and other criteria; welcomes the practical assistance given to public authorities and other public bodies in connection with sustainable procurement and urges the Commission and the Member States to organise training courses and campaigns to raise awareness of this issue; supports the idea of a transparent process, involving the Member States, to develop the relevant criteria further; points out that in the area of social criteria in particular such a process offers good prospects for improvements;
2010/03/26
Committee: IMCO
Amendment 108 #

2009/2175(INI)

Motion for a resolution
Paragraph 14
14. Calls for the development of a database so that the criteria on which the various labels are based can be used for public procurement purposes; calls on the Commission to put forward initiatives at European and international level with a view to the gradual harmonisation of labels and the criteria on which they are based; expects the Member States and stakeholders to be fully involved in this process; draws attention, at the same time, to the negative impact which a market fragmented by the existence of so many regional, national, European and international labels has on innovation and research;
2010/03/26
Committee: IMCO
Amendment 109 #

2009/2175(INI)

Motion for a resolution
Paragraph 14
14. Calls for the development of a database so that the criteria on which the various labels are based can be used for public procurement purposes; calls on the Commission to put forward initiatives at European and international level with a view to the gradual harmonisation of labels and the criteria on which they are based; expects the Member States and all stakeholders to be fully involved in this process; furthermore draws attention, at the same time, to the negative impact which a market fragmented by the existence of so manynumerous varying regional, national, European and international labels has on innovation and research;
2010/03/26
Committee: IMCO
Amendment 120 #

2009/2175(INI)

Motion for a resolution
Paragraph 15
15. Emphasises the lack of clarity in the area of socially responsible public procurement and calls on the Commission to provide assistance in the form of legally non-binding manuals; in that connection, draws attention to the changes in the legal framework brought about by the Lisbon Reform Treaty and the Charter of Fundamental Rights and looks to the Commission to implement the relevant provisions in an appropriate manner; emphasises the underlying problem that social criteria relate to the manufacturing process, so that their impact is generally indiscernible in the final product, and that globalised production systems and complex supply chains make compliance with the criteria difficult to monitor; expects, therefore, precise, verifiable criteria and a database containing product- specific criteria to be developed for the area of socially responsible public procurement as well; draws attention to the problems contracting authorities have, and the costs they incur, in verifying compliance with criteria and calls on the Commission to offer suitable assistance and to promote instruments which can be used to certify the reliability of supply chains;
2010/03/26
Committee: IMCO
Amendment 121 #

2009/2175(INI)

Motion for a resolution
Paragraph 15 b (new)
15b. Practical Help: Database and training courses Calls for the development of a frequently updated database so that the criteria on which the various labels or sustainability assurance schemes are based can be used for public procurement purposes and so that public authorities can verify the compliance with the criteria demanded; Urges the Commission and the Member States to organise training courses and campaigns to raise awareness for local authorities and political decision-maker and to include other stakeholders, in particularly providers of social services;
2010/03/26
Committee: IMCO
Amendment 6 #

2009/2173(INI)

Draft opinion
Paragraph 4
4. StressesDraws attention to the need for effective compensation mechanisms for individual victims of anti-trust infringements; calls on the Commission to adopt a consistent approach between rules of collective redress in competition law and in the general consumer protection framework, in which connection the bases for claims which exist in the individual Member States must be respected;
2010/02/01
Committee: IMCO
Amendment 1 #

2009/2138(INI)

Motion for a resolution
Recital A
A. whereas the Commission, the Parliament, the European Ombudsman and the Member States need to do more to define, communicate and help citizens enforce their rights, as this would also enable the internal market to work better,
2009/12/11
Committee: IMCO
Amendment 7 #

2009/2138(INI)

Motion for a resolution
Recital M a (new)
Ma. whereas many citizens who have a problem relating to the internal market that comes within the scope of SOLVIT are not aware of SOLVIT and therefore turn to the European Ombudsman with their problem;
2009/12/11
Committee: IMCO
Amendment 28 #

2009/2138(INI)

Motion for a resolution
Paragraph 10
10. Calls upon Member States to appoint a SOLVIT liaison officer in every public services dealing with implementing internal market rules for, in order to bring about better cooperation;
2009/12/11
Committee: IMCO
Amendment 44 #

2009/2138(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Calls upon the European Ombudsman to cooperate more closely with the SOLVIT centres and to forward all incoming complaints for which he is not competent without delay and without red tape to the SOLVIT centre presumed to be competent where those complaints relate to the internal market and could come within the scope of SOLVIT;
2009/12/11
Committee: IMCO
Amendment 26 #

2009/2137(INI)

Motion for a resolution
Paragraph 6
6. Reiterates that consumer organisations have a crucial role to play in alerting public authorities to the problems consumers experience in their daily lives and that they should be supported in order to improve their capacity to act effectively at EU and national level; calls on Member States to ensure that consumer organisations are adequately consulted at the principall stages of decision-making processes and in the implementation of consumer law;
2010/02/04
Committee: IMCO
Amendment 54 #

2009/2137(INI)

Motion for a resolution
Paragraph 18
18. Draws attention to the analysis of the available price data which shows unexplained cross-border variations in a number of goods and services; considers that, although price differences are often linked to differences in demand, expenditure levels, taxes or cost structure, they are also often a sign of internal market fragmentation or malfunctioning; suggests that, where the price of a given product is higher than a benchmark, it is necessary to look at the relationship between import and consumption prices and examine carefully the reasons behind the different price levels;deleted
2010/02/04
Committee: IMCO
Amendment 76 #

2009/2137(INI)

Motion for a resolution
Paragraph 36
36. Considers that enhancing market surveillance and enforcement mechanisms and applying them efficiently and comprehensively to encourage consumer confidence is crucial as consumer spending will be an important factor for the economic recovery; takes the view that public authorities must be given more resources to investigate and ultimately stop illegal commercial practices;
2010/02/04
Committee: IMCO
Amendment 77 #

2009/2137(INI)

Motion for a resolution
Paragraph 38
38. Encourages the establishment in all Member States of independent consumer protection agencies with full power tohich can inform consumers how they can bring proceedings before national courts in order to protect their interests of consumers;
2010/02/04
Committee: IMCO
Amendment 83 #

2009/2137(INI)

Motion for a resolution
Paragraph 40
40. Recalls that evidence shows major differences between Member States and room for improvement in terms of redress mechanisms; recalls that judicial collective redress systems currently existon the Commission therefore to draw up comprehensible overviews of the redress procedures available in 13all Member States and calls on the Commission to provide follow-up to its Green Paper of 27 November 2008 on Consumer Collective Redress (COM(2008)0794)in order to support empowered consumers in asserting their rights;
2010/02/04
Committee: IMCO
Amendment 86 #

2009/2137(INI)

Motion for a resolution
Paragraph 45 a (new)
45a. Calls on the Commission in this connection to do more to monitor the implementation by the Member States of the market surveillance regulations, particularly Regulation (EC) 765/2008, and, if necessary, bring infringement proceedings without delay;
2010/02/04
Committee: IMCO
Amendment 87 #

2009/2137(INI)

Motion for a resolution
Paragraph 45 b (new)
45b. Supports the Commission's efforts to analyse the latest technical surveillance possibilities in order to ensure global traceability of products throughout the supply chain (e.g. using RFID tags or barcodes); calls on the Commission to present to Parliament its current initiatives and latest findings regarding the building-up of a global traceability network;
2010/02/04
Committee: IMCO
Amendment 124 #

2009/0076(COD)

Proposal for a regulation
Article 33
1. The Community authorisation may be granted to the following categories of biocidal products: a) biocidal products containing one or more new active substances; b) low-risk biocidal products. 2. Following the report of the Commission on the implementation of this Regulation referred to in Article 54(4) and in light of the experience gained with the Community authorisations, the Commission may add other categories of biocidal products in paragraph 1 of this Article. Those measures, designed to amend non- essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 72(4)all categories of biocidal products.
2010/03/23
Committee: IMCO
Amendment 28 #

2009/0054(COD)

Proposal for a directive
Recital 14 a (new)
(14a) Public and private contracting authorities which enjoy a dominant market position often impose payment periods of more than 60 calendar days in contracts concluded with SMEs. The SMEs concerned often have no choice but to accept this disadvantageous condition because they are dependent on the contracts in question. The abuse of dominant market positions must be halted both in transactions between undertakings and in transactions between undertakings and public authorities. With that aim in view, contractual payment periods should be limited to a maximum of 60 days.
2010/03/10
Committee: IMCO
Amendment 33 #

2009/0054(COD)

Proposal for a directive
Recital 16
(16) Surveys show that public authorities often require contractual payment periods for commercial transactions that are significantly longer than 30 days. Therefore, payment periods for procurement contracts awarded by public authorities should be as a general rule limited to a maximum of 30 dayscalendar days. However, public authorities are required to set an example and, on the basis of their authorised budgets, are in a position to meet their payment obligations at any time. Therefore, payment periods for procurement contracts awarded by public authorities should be as a general rule limited to a maximum of 30 calendar days. Derogations from this principle should be possible only in cases where the genuine need for a longer payment period can be duly substantiated. On no account should the payment period exceed 60 calendar days, however.
2010/03/10
Committee: IMCO
Amendment 74 #

2009/0054(COD)

Proposal for a directive
Article 2 – point 5 a (new)
(5a) “checkable invoice” means a clearly drawn up, comprehensive invoice which keeps to the agreed order of items and uses the descriptions contained in the contract. The supporting documents specified in the contract as being required to prove the nature and scope of the work performed must be enclosed with the invoice;
2010/03/10
Committee: IMCO
Amendment 84 #

2009/0054(COD)

Proposal for a directive
Article 3 – Title
Interest in case of late payment in commercial transactions between undertakings
2010/03/10
Committee: IMCO
Amendment 97 #

2009/0054(COD)

Proposal for a directive
Article 3 – paragraph 2 – point b
(b) if the date or period for payment is not fixed in the contract, interest for late payment shall become payable automatically within any of the following time limits: (i) (i) 30 calendar days following the date of receipt by the debtor of the checkable invoice or an equivalent request for payment; (ii) (ii) if the debtor receives the checkable invoice or the equivalent request for payment earlier than the goods or the services, 30 calendar days after the receipt of the goods or services; (iii) if a procedure of acceptance or verification, by which the conformity of the goods or services with the contract is to be ascertained, is provided for by statute or in the contract and if the debtor receives the checkable invoice or the equivalent request for payment earlier or on the date on which such acceptance or verification takes place, 30 calendar days after that date.
2010/03/10
Committee: IMCO
Amendment 100 #

2009/0054(COD)

Proposal for a directive
Article 3 – paragraph 3
(3) Member States shall ensure that the applicable reference rate: (a) for the first semester of the year concerned shall be the rate in force on 1 January of that year; (b) for the second semester of the year concerned shall be the rate in force on 1 July of that yearcontractual payment period on no account exceeds 60 calendar days.
2010/03/10
Committee: IMCO
Amendment 116 #

2009/0054(COD)

Proposal for a directive
Article 4 – paragraph 1
1. Member States shall ensure that, when interest for late payment becomes payable in commercial transactions in accordance with Articles 3 and 5 and unless otherwise specified in the contract, the creditor is entitled to obtain from the debtor any of the following amounts: (a) for a debt of less than EUR 1 000, a fixed sum of EUR 40; (b) for a debt of EUR 1 000 or more, but less than EUR 10 000, a fixed sum of EUR 70; (c) for a debt of EUR 10 000 or more, a sum equivalent to 1% of the amount for which interest for late payment becomes payable fixed sum of EUR 40.
2010/03/10
Committee: IMCO
Amendment 153 #

2009/0054(COD)

Proposal for a directive
Article 5 – paragraph 3
3. Member States shall ensure that the maximum duration of a procedure of acceptance or verification referred to in paragraph 2(b)(iii) shall not exceed 30 days, unless otherwise specified and duly justified in the tender documents and the contract.
2010/03/10
Committee: IMCO
Amendment 159 #

2009/0054(COD)

Proposal for a directive
Article 5 – paragraph 4
4. Member States shall ensure that the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2(b), unless it is specifically agreed between the debtor and the creditor and is duly justified in the light of particular circumstances such as an objective need to schedule payment over a longer period. The contractual payment period may on no account exceed 60 calendar days.
2010/03/10
Committee: IMCO
Amendment 178 #

2009/0054(COD)

Proposal for a directive
Article 5 – paragraph 5
5. Member States shall ensure that when interest for late payment becomes payable, the creditor of a public authority is entitled to a lump sum compensation equal to 5% of the amount due. This compensation shall be additional to the interest for late payment.
2010/03/10
Committee: IMCO
Amendment 189 #

2009/0054(COD)

Proposal for a directive
Article 5 – paragraph 6
6. Member States shall ensure that the applicable reference rate in commercial traThe lump sum compensactions leading to the delivery of goods or the provision of services for remuneration to public authorities: (a) for the first semester of the year concerned shall be the rate in force on 1 January of that year; (b) for the second semester of the year concerned shall be the rate in force on 1 July of that year referred to in paragraph 5 may not exceed EUR 2 000.
2010/03/10
Committee: IMCO
Amendment 194 #

2009/0054(COD)

Proposal for a directive
Article 5 – paragraph 6 b (new)
6b. Member States shall ensure that the creditor is entitled to refuse to deliver goods or services when the conditions in paragraph 1 are met and a public authority exceeds the deadline for payment by more than three months.
2010/03/10
Committee: IMCO
Amendment 197 #

2009/0054(COD)

Proposal for a directive
Article 5 a (new)
Article 5a Applicable reference rate Member States shall ensure that the applicable reference rate in commercial transactions leading to the delivery of goods or the provision of services for remuneration: (a) for the first semester of the year concerned shall be the rate in force on 1 January of that year; (b) for the second semester of the year concerned shall be the rate in force on 1 July of that year.
2010/03/10
Committee: IMCO
Amendment 455 #

2008/0196(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 8 – introductory part
(8) 'off-premises contract' means any contract between a trader and a consumer for the provision of a good or service:
2010/10/25
Committee: IMCO
Amendment 462 #

2008/0196(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 8 – point a
(a) any sales or service contract concluded away from business premises with the simultaneous physical presence of the trader and the consumer or any sales or service contractin one of the following situations, or for which an offer was made by the consumer in the same circumstances, or:
2010/10/25
Committee: IMCO
Amendment 466 #

2008/0196(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 8 – point a – point i (new)
(i) at the consumer’s workplace or in a private residence unless the consumer, on his own initiative, has previously sent for the trader,
2010/10/25
Committee: IMCO
Amendment 467 #

2008/0196(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 8 – point a – point ii (new)
(ii) at a leisure event run by the trader, or by a third party at least inter alia in the trader's interest, or
2010/10/25
Committee: IMCO
Amendment 468 #

2008/0196(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 8 – point a – point iii (new)
(iii) in a vehicle or a publicly accessible place;
2010/10/25
Committee: IMCO
Amendment 473 #

2008/0196(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 8 – point b
(b) any sales or service contract concluded on business premises but negotiated away from business premises, with the simultaneous physical presence of the trader and the consumerwhich the consumer has been persuaded to conclude by means of negotiations under the circumstances stipulated in point (a).
2010/10/25
Committee: IMCO
Amendment 481 #

2008/0196(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 8 – point b a (new)
(ba) This shall not include contracts for everyday transactions worth not more than EUR 60 which are performed in full by the trader immediately following their conclusion.
2010/10/25
Committee: IMCO
Amendment 497 #

2008/0196(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 20
(20) 'ancillary contract' means a contract by which the consumer acquires goods or services related to a distance contract or an off-premises contract from a trader, and these goods or services are provided by the trader or a third party on the basis of an arrangement between that third party and the trader.
2010/10/25
Committee: IMCO
Amendment 551 #

2008/0196(COD)

Proposal for a directive
Article 4 – paragraph 1 a (new)
Contracts relating to the construction or major modification of a building are, as a rule, carefully prepared by the two parties to the contract, so that no provisions on the right of withdrawal are needed. All of the information can be obtained by the consumer in the course of negotiations; the information requirements in this Chapter are not appropriate to contracts of this kind. Each Member State already has comprehensive and very different rules on rental contracts.1a. This Chapter shall apply to distance and off-premises contracts. This Chapter shall not apply to distance and off-premises contracts: (a) relating to the sale, acquisition, transfer or encumbrance of immovable property or of immovable property rights; (b)relating to the construction or major modification of a building or the renting of a building or an apartment. Or.de Justification of
2010/10/25
Committee: IMCO
Amendment 552 #

2008/0196(COD)

Proposal for a directive
Article 4 – paragraph 1 b (new)
This Chapter shall not apply to distance and off-premises contracts relating to financial services.
2010/10/25
Committee: IMCO
Amendment 558 #

2008/0196(COD)

Proposal for a directive
Chapter 2 – title
Consumer information and withdrawal right for distance and off-premises contracts
2010/10/25
Committee: IMCO
Amendment 570 #

2008/0196(COD)

Proposal for a directive
Article 5 – paragraph 1 – introductory part
1. Prior to the conclusion of any sales or service contract, the traderIn good time before the consumer gives his binding agreement to any distance or off-premises contract, the trader or any person acting in his name or on his behalf shall provide the consumer with the following information, if not already apparent from the context:
2010/10/25
Committee: IMCO
Amendment 591 #

2008/0196(COD)

Proposal for a directive
Article 5 – paragraph 1 – point c
(c) the price inclusive of taxes, or whereunless the nature of the product or fluctuations on the market, for example for raw materials, means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, all additional freight, delivery or postal charges or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable;
2010/10/25
Committee: IMCO
Amendment 602 #

2008/0196(COD)

Proposal for a directive
Article 5 – paragraph 1 – point d
(d) the arrangements for payment, delivery, performance and the complaint handling policy, if they depart from the requirements of professional dilige and performance;
2010/10/25
Committee: IMCO
Amendment 615 #

2008/0196(COD)

Proposal for a directive
Article 5 – paragraph 1 – point e
(e) the existence of a right of withdrawal, where applicablein so far as a right of withdrawal exists, the conditions, period and procedure for exercising that right; for this purpose, the trader may use the model instructions on withdrawal and the model withdrawal form in Annex I(A) and I(B) respectively or any other clearly worded statement; if the trader informs the consumer using the model instructions on withdrawal in Annex I(A), he shall satisfy these information requirements;
2010/10/25
Committee: IMCO
Amendment 673 #

2008/0196(COD)

Proposal for a directive
Article 5 – paragraph 3 d (new)
3d. Member States may not introduce or maintain, in their national law, any other provisions than those set out in Article 5 of this Directive, including where they would result in a higher or lower level of consumer protection.
2010/10/25
Committee: IMCO
Amendment 697 #

2008/0196(COD)

Proposal for a directive
Chapter 3 – title
Consumer information and withdrawal right for distance and off-premises contractsdeleted
2010/10/25
Committee: IMCO
Amendment 701 #

2008/0196(COD)

Proposal for a directive
Article 8 – paragraph 1
This Chapter shall apply to distance and off-premises contracts.deleted
2010/10/25
Committee: IMCO
Amendment 703 #

2008/0196(COD)

Proposal for a directive
Article 9
Information requirements for distance and off-premises contracts As regards distance or off-premises contracts, the trader shall provide the following information which shall form an integral part of the contract: (a) the information referred to in Articles 5 and 7 and, by way of derogation from Article 5(1)(d), the arrangements for payment, delivery and performance in all cases; (b) where a right of withdrawal applies, the conditions and procedures for exercising that right in accordance with Annex I; (c) if different from his geographical address, the geographical address of the place of business of the trader (and where applicable that of the trader on whose behalf he is acting) where the consumer can address any complaints; (d) the existence of codes of conduct and how they can be obtained, where applicable; (e) the possibility of having recourse to an amicable dispute settlement, where applicable; (f) that the contract will be concluded with a trader and as a result that the consumer will benefit from the protection afforded by this Directive.Article 9 deleted
2010/10/25
Committee: IMCO
Amendment 739 #

2008/0196(COD)

Proposal for a directive
Article 10 – paragraph 1
1. With respect to contracts that are concluded off- premises, the information provided for in Article 95 shall be given in the order form. Ito the consumer on request in the contract document or on another durable medium before the latter is bound by a contract of this kind or any corresponding offer; it shall be drafted in plain, intelligible language and be legible. The orIf the trader inform shall include the standard withdrawal form set out in Annex I(B)s the consumer of his or her right of withdrawal on a durable medium in accordance with the model instructions on withdrawal in accordance with Appendix I(A), the information requirement under Article 5(1)(e) shall be deemed to be met.
2010/10/25
Committee: IMCO
Amendment 777 #

2008/0196(COD)

Proposal for a directive
Article 11 – paragraph 1
1. With respect to distance contracts, the information provided for in Article 9(a) shall be given or made available to the consumer prior to the conclusion of the contractin good time before the consumer is bound by any distance contract or corresponding offer, in plain and intelligible language and be legible, in a way appropriate to the means of distance communication used.
2010/10/25
Committee: IMCO
Amendment 783 #

2008/0196(COD)

Proposal for a directive
Article 11 – paragraph 1 a (new)
1a. If a distance contract for services concluded on the internet places the consumer under an obligation to make a payment, the consumer shall only be bound by the contract if the trader has (a) made the consumer aware in a clear and highly visible manner of the total price, including all related price components, and (b) designed his website in such a way that a binding order cannot be placed until the consumer has confirmed that he has read and understood the statement required under letter (a).
2010/10/25
Committee: IMCO
Amendment 837 #

2008/0196(COD)

Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1
In the case of an distance or off-premises contract for the supply of goods, the withdrawal period shall begin from the day whenon which the consumer signs the order form or in cases where the order form is not on paper, when the consumer receives a copy of the order form on another durable mediumor a third party other than the carrier and indicated by the consumer acquires material possession of the goods ordered. In the case of the supply of goods in several parts or pieces, the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires material possession of the final part or final piece.
2010/10/25
Committee: IMCO
Amendment 840 #

2008/0196(COD)

Proposal for a directive
Article 12 – paragraph 2 – subparagraph 2
In the case of a distance contract for the sale of goods, the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires the material possession of each of the goods ordered.deleted
2010/10/25
Committee: IMCO
Amendment 847 #

2008/0196(COD)

Proposal for a directive
Article 12 – paragraph 2 – subparagraph 3
In the case of a distance contract for the provision of servicesSave as otherwise provided, the withdrawal period shall begin from the day of the conclusion of the contract.
2010/10/25
Committee: IMCO
Amendment 862 #

2008/0196(COD)

Proposal for a directive
Article 12 – paragraph 4 a (new)
4a. Member States may not adopt or maintain rules which go beyond the provisions in this Article, including where they result in a higher or lower level of consumer protection.
2010/10/25
Committee: IMCO
Amendment 872 #

2008/0196(COD)

Proposal for a directive
Article 13
If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles 9(b), 10(1) and 11(4), the withdrawal period shall expire three months after the trader has fully performed his other contractual obligadate determined in Article 12(1) and (2). Member States may not adopt or maintain rules which go beyond the provisions in this Article, including where they result in a higher or lower level of consumer protections.
2010/10/25
Committee: IMCO
Amendment 881 #

2008/0196(COD)

Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
TBefore expiry of the withdrawal period in accordance with Article 12, the consumer shall inform the trader of his decision to withdraw on a durable medium either in a statement addressed to the trader drafted in his own words or using the standard withdrawal form as set out in Annex I(B). For this purpose, the consumer may use the model withdrawal form as set out in Annex I(B), make any other clearly worded statement or return the goods to the trader.
2010/10/25
Committee: IMCO
Amendment 886 #

2008/0196(COD)

Proposal for a directive
Article 14 – paragraph 1 – subparagraph 2
Member States shall not provide for any other formal requirements applicable to this standard withdrawal form.
2010/10/25
Committee: IMCO
Amendment 924 #

2008/0196(COD)

Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1
For sales contracts for which the material possession of the goods has been transferred to the consumer or at his request, to a third party before the expiration of the withdrawal period, the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them, within fourteseven days from the day on which he communicates his withdrawal to the trader, unless the trader has offered to collect the goods himself.
2010/10/25
Committee: IMCO
Amendment 951 #

2008/0196(COD)

Proposal for a directive
Article 17 – paragraph 2 a (new)
2a. Member States may not adopt or maintain rules which go beyond the provisions in this Article, including where they result in a higher or lower level of consumer protection.
2010/10/25
Committee: IMCO
Amendment 956 #

2008/0196(COD)

Proposal for a directive
Article 19 – paragraph 1 – introductory part
1. In respect of distance and off-premises contracts, the right of withdrawal shall not apply as regards the following:
2010/10/25
Committee: IMCO
Amendment 980 #

2008/0196(COD)

Proposal for a directive
Article 19 – paragraph 1 – point c a (new)
(ca) where goods are supplied which, due to intervention by the consumer, are no longer marketable and which the trader cannot sell again or can only sell again at a substantial discount, particularly due to their having been combined or mixed with other substances or on grounds of the protection of health or hygiene;
2010/10/25
Committee: IMCO
Amendment 981 #

2008/0196(COD)

Proposal for a directive
Article 19 – paragraph 1 – point c b (new)
(cb) contracts for which the consumer, in order to respond to an immediate emergency, has requested the immediate performance of the contract by the trader; if, on this occasion, the trader provides or sells additional services or goods other than those which are strictly necessary to meet the immediate emergency of the consumer, the right of withdrawal shall apply to those additional services or goods;
2010/10/25
Committee: IMCO
Amendment 983 #

2008/0196(COD)

Proposal for a directive
Article 19 – paragraph 1 – point c c (new)
(cc) services tailored to the consumer's personalised requirements or wishes and requiring the supplier to make individual arrangements which he can make no other use of;
2010/10/25
Committee: IMCO
Amendment 999 #

2008/0196(COD)

Proposal for a directive
Article 19 – paragraph 1 – point f
(f) (f) the supply of newspapers, periodicals and magazines with the exception of subscription contracts;
2010/10/25
Committee: IMCO
Amendment 1005 #

2008/0196(COD)

Proposal for a directive
Article 19 – paragraph 1 – point g
(g) gaming and lottery services, unless the contract was concluded by telephone;
2010/10/25
Committee: IMCO
Amendment 1014 #

2008/0196(COD)

Proposal for a directive
Article 19 – paragraph 2 – introductory part
2. In respect of off-premises contracts, the right of withdrawal shall in addition not apply as regards the following:
2010/10/25
Committee: IMCO
Amendment 1019 #

2008/0196(COD)

Proposal for a directive
Article 19 – paragraph 2 – point c
(c) contracts for which the consumer has specifically requested the trader, by means of distance communication, to visit his home if the initiative to negotiate the contract was taken by the consumer in one of the situations referred to in Article 2(8)(a)(i). The consumer shall be deemed to have taken the initiative to negotiate the contract if, before the purpose of repairing or performing maintenance upon his property; if on this occasion, the trader provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in performing the maintenance or in making the repairnegotiations begin and on the basis of a decision made of his own free will without his having been subject to improper influence, he has specifically asked the trader to visit his place of work or a dwelling to negotiate on the supply of specific services. If, on this occasion, the trader provides goods or renders additional services, the right of withdrawal shall apply to those additional services or goods.;
2010/10/25
Committee: IMCO
Amendment 1025 #

2008/0196(COD)

Proposal for a directive
Article 19 – paragraph 2 – point c a (new)
(ca) services tailored to the consumer's personalised requirements or wishes and requiring the supplier to make individual arrangements which he can make no other use of;
2010/10/25
Committee: IMCO
Amendment 1028 #

2008/0196(COD)

Proposal for a directive
Article 19 – paragraph 3 a (new)
3a. Member States may not adopt or maintain rules which go beyond the provisions in this Article, including where they result in a higher or lower level of consumer protection.
2010/10/25
Committee: IMCO
Amendment 1092 #

2008/0196(COD)

Proposal for a directive
Article 22 – paragraph 2
2. Where the trader has failed to fulfil his obligations to deliver, the consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1.deleted
2010/10/25
Committee: IMCO
Amendment 1178 #

2008/0196(COD)

Proposal for a directive
Article 25 – paragraph 1
The trader shall be liable to the consumer for any lack of conformity which exists at the time the risk passes to the consumer.deleted
2010/10/25
Committee: IMCO
Amendment 1193 #

2008/0196(COD)

Proposal for a directive
Article 26 – paragraph 1 – introductory part
1. The trader shall be liable to the consumer for any lack of conformity which exists at the time the risk passes to the consumer. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled to:
2010/10/25
Committee: IMCO
Amendment 1289 #

2008/0196(COD)

Proposal for a directive
Article 26 – paragraph 4 – point d
d) the same defect has reappeared more than once within a short period of time and the trader has already made at least two attempts to effect a repair.
2010/10/25
Committee: IMCO
Amendment 1312 #

2008/0196(COD)

Proposal for a directive
Article 27 – paragraph 2
2. Without prejudice to the provisions of this Chapter, the consumer may claim damages for any loss not remedied in accordance with Article 26.deleted
2010/10/25
Committee: IMCO
Amendment 1341 #

2008/0196(COD)

Proposal for a directive
Article 28 – paragraph 2
2. When the trader has remedied the lack of conformity by replacement, he shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the consumer or a third party indicated by the consumer has acquired the material possession of the replacoriginally purchased goods.
2010/10/25
Committee: IMCO
Amendment 1429 #

2008/0196(COD)

Proposal for a directive
Article 30 – paragraph 2
2. The fact that the consumer had the possibility of influencing the content of certain aspects of a contract term or one specific term, shall noteither exclude nor necessitate the application of this Chapter to other contract terms which form part of the contract.
2010/10/25
Committee: IMCO
Amendment 1438 #

2008/0196(COD)

Proposal for a directive
Article 31 – paragraph 1
1. Contract terms shall be expressed in plain, intelligible language and be legible where the contract is drawn up in writing.
2010/10/25
Committee: IMCO
Amendment 1468 #

2008/0196(COD)

Proposal for a directive
Article 32 – paragraph 1
1. Where aA contract term is not included in Annex II or III, Member States shall ensure that it is regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties'shall be regarded as unfair if, contrary to the requirement of good faith, it substantially disadvantages the consumer, particularly if it is incompatible with fundamental principles of the legislation from which it deviates or if it so restricts essential rights and obligations arising underfrom the nature of the contract, as to the detriment of the consumerjeopardise the attainment of the purpose of the contract.
2010/10/25
Committee: IMCO
Amendment 1510 #

2008/0196(COD)

Proposal for a directive
Article 38 – paragraph 4
4. Member States shall ensure that the legal actions referred to in paragraph 2 and 3 may be directed either separately or jointly depending onin accordance with national procedural laws against a number of traders from the same economic sector or their associations which use or recommend the use of the same general contract terms or similar terms.
2010/10/25
Committee: IMCO
Amendment 1525 #

2008/0196(COD)

Proposal for a directive
Article 43 – paragraph 1 a (new)
Pursuant to Article 23 of the Rome I Regulation, contracts between consumers and entrepreneurs in the approximated field are already subject to the law chosen by the parties pursuant to Article 3 of the Rome I Regulation. Articles 6 and 11(4) of the Rome I Regulation shall not apply. The consumer protection provisions referred to in Article 6(2) of the Rome I Regulation, from which no deviation is permitted, are listed exhaustively in this Directive.
2010/10/25
Committee: IMCO
Amendment 1565 #

2008/0196(COD)

Proposal for a directive
Annex 3 – paragraph 1 – point a
(a) excluding or limiting the legal rights of the consumer vis-à-vis the trader or another party in the event of total or partial non- performance or inadequate performance by the trader of any of the contractual obligations, including the rights of the consumer of offsetting a debt owed to the trader against a claim which the consumer may have against him;Does not affect English version.
2010/10/25
Committee: IMCO
Amendment 1575 #

2008/0196(COD)

Proposal for a directive
Annex 3 – paragraph 1 – point g
(g) allowing the trader to increase the price agreed with the consumer when the contract was concluded by more than 5% without giving the consumer the right to terminate the contract;
2010/10/25
Committee: IMCO
Amendment 1578 #

2008/0196(COD)

Proposal for a directive
Annex 3 – paragraph 1 – point i
(i) giving the trader the possibility of transferring his obligations under the contract to a third party, without the consumer's agreement, where to do so may reduce guarantees for the consumer;
2010/10/25
Committee: IMCO
Amendment 81 #

2008/0028(COD)

Proposal for a regulation
Recital 18
(18) In order to enable food information law to adapt to changing consumers' needs for information, any considerations about the need for mandatory food information should also take account of the widely demonstratedd avoid unnecessary packaging waste, mandatory food labelling should be confined to the necessary basic information which is demonstrably of the greatest interest fromto the majority of consumers in the disclosure of certain information. Additional information that extends beyond the mandatory basic information may voluntarily be made available to interested consumers. Various possibilities to do so are offered by the new information and communication technologies, such as special Internet information pages or barcode readers at points of sale.
2010/01/21
Committee: IMCO
Amendment 106 #

2008/0028(COD)

Proposal for a regulation
Recital 41
(41) Member States should retain the right, depending on local practical conditions and circumstances, to lay down rules in respect of the provision of information concerning non-prepacked foodsInformation about non-prepacked foods and about mass catering wares should in principle be provided voluntarily. Although in such cases the consumer demand for other information is limited, information on potential allergens is considered very important. Evidence suggests that most food allergy incidents can be traced back to non-prepacked food. Therefore the provision of such information should always be provided to the consumerbe mandatory in accordance with this Regulation.
2010/01/21
Committee: IMCO
Amendment 107 #

2008/0028(COD)

Proposal for a regulation
Recital 45
(45) In order to ensure that more det should remain possible to use voluntariledy food information requirements are designed and established in a dialectic manner and emerge from best practices, there should be flexible mechanisms at Community and national level based on open and transparent public consultation and sustained interaction between a wide range of representative stakeholders. Such mechanism may result in the development of national non-binding schemes on the basis of solid consumer research and wide stakeholder consultation. There should be mechanisms for consumers to be able to identify foods labelled in compliance with the national scheme such as through an identification nrms of presentation which are already established in Member States and which enable consumers to identify foods. In addition, it should be possible, where appropriate and in accordance with the provisions of this Regulation, to use industry- or trade-devised ways of presenting the nutrition indication. Such forms of presentation must be based on solid consumber or symbolresearch.
2010/01/21
Committee: IMCO
Amendment 119 #

2008/0028(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point a a (new)
(aa) by pictorial representations that mislead the consumer as to the origin, nature or composition of the food;
2010/01/21
Committee: IMCO
Amendment 195 #

2008/0028(COD)

Proposal for a regulation
Article 31 – paragraph 2
2. The amount of energy and nutrients referred to in paragraph 1 shall be expressed per 100 g or per 100 ml or, subject to Article 32(2) and (3), per portion per portion. If the food is prepacked as an individual portion, the energy and nutrition values referred to in paragraph 1 must also be indicated per portion. In addition, the amount of energy and nutrients may be indicated per portion If information is provided per portion, the number of portions which the package contains shall be indicated, the portion size must be realistic and the information shall be presented or explained in a manner which is comprehensible to the average consumer. In cooperation with food enterprises and the competent authorities of the Member States, the Commission shall develop guidelines for the indication of realistic portion sizes. These measures designed to amend non-essential elements of this Regulation shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).
2010/01/21
Committee: IMCO
Amendment 196 #

2008/0028(COD)

Proposal for a regulation
Article 31 – paragraph 2 a (new)
2a. The amount of energy and nutrients referred to in paragraph 1 must always refer to the ready-to-consume product. Exact instructions for preparation in the way on which the indications are based must be included on the label.
2010/01/21
Committee: IMCO
Amendment 202 #

2008/0028(COD)

Proposal for a regulation
Article 31 – paragraph 3
3. The mandatory nutrition declaration shallnutrition declaration for the following nutritional values (energy content, fat, saturates, sugars, salt) shall in addition be expressed, as appropriate, as a percentage of the reference intakes set out in Part B of Annex XI in relation to per 100 g or per 100 ml or, pursuant to Article 31(2), per portion. When provided, the declaration on vitamins and minerals shall also be expressed as a percentage of the reference intakes set out in point 1 of Part A of Annex XI.
2010/01/21
Committee: IMCO
Amendment 204 #

2008/0028(COD)

Proposal for a regulation
Article 32
1. In addition to the nutrition declaration per 100g or per 100ml referred to in Article 31(2), the information may be expressed per portion as quantified on the label, provided that the number of portions contained in the package is stated. 2. The nutrition declaration may be expressed on a per portion basis alone if the food is prepacked as an individual portion. 3. The expression on a per portion basis alone for foods presented in packages containing multiple portions of the food, that have not been prepacked as individual portions, shall be established by the Commission. Those measures designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted, in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).Artikel 32 deleted Expression on a per portion basis
2010/01/21
Committee: IMCO
Amendment 212 #

2008/0028(COD)

Proposal for a regulation
Article 33
1. In addition to the forms of expression referred to in Article 31(2) and (3), the nutrition declaration may be given by othergraphic forms of expression provided that the following essential requirements are met: (a) the form of expression aims to facilitate consumer understanding of the contribution or importance of the food to the energy and nutrient content of a diet; and (b) it is based either on harmonised reference intakes, or in their absence,on the reference intakes indicated in Annex XI, Part B, in relation to 100 g or 100 ml. If a product is prepacked as an individual portion or if it is supplied in quantities of less than 100 g/ml, an indication per portion relating to the quantity supplied shall be sufficient. In the absence of such reference intakes, the nutrition declaration is based on generally accepted scientific advice on intakes for energy or nutrients; and (c) it is supported by evidence of understanding of and use of the presentation of the information by the average consumer. 2. Such additional forms of expression referred to in paragraph 1 shall be identified under a national scheme referred to in Article 44Model graphic presentations are shown in Annex XIII, Part Ca.
2010/01/21
Committee: IMCO
Amendment 217 #

2008/0028(COD)

Proposal for a regulation
Article 34 – paragraph 2 – subparagraph 3 (new)
If the nutrition declaration for foods listed in Annex IV is mandatory because a nutrition or health claim is made, the nutrition declaration shall not be required to appear in the principal field of vision.
2010/01/21
Committee: IMCO
Amendment 223 #

2008/0028(COD)

Proposal for a regulation
Article 34 – paragraph 5
5. Graphical forms or symbols for the presentation of the nutrition declaration may be used under a national scheme referred to in Article 44 provided the following essential requirements are met: (a) such forms of presentation shall not mislead the consumer; and (b) there shall be evidence of understanding of such forms of presentation by the average consumer.deleted
2010/01/21
Committee: IMCO
Amendment 225 #

2008/0028(COD)

Proposal for a regulation
Article 34 – paragraph 6
6. Rules relating to other aspects of presentation of nutrition declaration, other than those referred to in paragraph 5, may be established by the Commission. Thoese measures designed to amend non- essential elements of this Regulation by supplementing it, shall be adopted, in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).
2010/01/21
Committee: IMCO
Amendment 228 #

2008/0028(COD)

Proposal for a regulation
Article 35 – paragraph 1 a (new)
(1a) Without prejudice to paragraph 1, additional voluntary nutrition information for specific target groups, for example children, shall continue to be permitted provided that these specific reference values are scientifically proven, do not mislead the consumer and are in accordance with the general conditions laid down in this Regulation.
2010/01/21
Committee: IMCO
Amendment 238 #

2008/0028(COD)

Proposal for a regulation
Article 38 – paragraph 2
2. By means of paragraph 1, Member States may introduce measures concerning the mandatory indication of the country of origin or place of provenance of foods only where there is a proven link between certain qualities of the food and its origin or provenance. When notifying such measures to the Commission, Member States shall provide evidence that the majority of consumers attach significant value to the provision of this information.deleted
2010/01/21
Committee: IMCO
Amendment 260 #

2008/0028(COD)

Proposal for a regulation
Annex IV – indent 16
food in packaging or containers the largest surface of which has an area of less than 25 cm2;deleted
2010/01/21
Committee: IMCO
Amendment 282 #

2008/0028(COD)

Proposal for a regulation
Annex XIII – Part C a (new)
the Commission PART C – GRAPHIC REPRESENTATION OF THE NUTRITION DECLARATION If the nutrition declaration is also represented graphically, it may also, in addition to other graphic depictions, be shown in one of the following forms: Cylinder model 100 g contains: kcal / sugars / fat / saturates / salt percentage of the recommended daily intake of an adult 1 plus 4 model Variant 1 per portion (portion = 50 g) energy / sugars / fat / saturates / salt guide values as % of daily intake Variant 2 per portion (portion = 50 g) energy / sugars / fat / saturates / salt guide values as % of daily intake
2010/01/21
Committee: IMCO