2049 Amendments of Jürgen CREUTZMANN
Amendment 3 #
2013/2176(INI)
Draft opinion
Paragraph A
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;
Amendment 8 #
2013/2176(INI)
Draft opinion
Paragraph A a (new)
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;
Amendment 9 #
2013/2176(INI)
Motion for a resolution
Recital A
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
Amendment 15 #
2013/2176(INI)
Draft opinion
Paragraph B
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;
Amendment 19 #
2013/2176(INI)
Draft opinion
Paragraph C
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;
Amendment 24 #
2013/2176(INI)
Draft opinion
Paragraph C a (new)
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;
Amendment 28 #
2013/2176(INI)
Draft opinion
Paragraph C b (new)
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;
Amendment 29 #
2013/2176(INI)
Motion for a resolution
Subheading 1
Subheading 1
Amendment 29 #
2013/2176(INI)
Draft opinion
Paragraph C c (new)
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;
Amendment 30 #
2013/2176(INI)
Motion for a resolution
Paragraph 1
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;
Amendment 32 #
2013/2176(INI)
Draft opinion
Paragraph D
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;
Amendment 37 #
2013/2176(INI)
Motion for a resolution
Paragraph 2 a (new)
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)
Amendment 37 #
2013/2176(INI)
Draft opinion
Paragraph E
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;
Amendment 39 #
2013/2176(INI)
Motion for a resolution
Paragraph 3
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;
Amendment 47 #
Amendment 47 #
2013/2176(INI)
Draft opinion
Paragraph F
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;
Amendment 58 #
2013/2176(INI)
Draft opinion
Paragraph G
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;
Amendment 59 #
2013/2176(INI)
Motion for a resolution
Paragraph 6 a (new)
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)
Amendment 65 #
2013/2176(INI)
Motion for a resolution
Paragraph 6 b (new)
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;
Amendment 68 #
2013/2176(INI)
Draft opinion
Paragraph G a (new)
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;
Amendment 75 #
2013/2176(INI)
Draft opinion
Paragraph H
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;
Amendment 78 #
2013/2176(INI)
Motion for a resolution
Paragraph 9
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;
Amendment 84 #
2013/2176(INI)
Motion for a resolution
Paragraph 10 a (new)
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;
Amendment 90 #
Amendment 97 #
2013/2176(INI)
Motion for a resolution
Paragraph 11
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;
Amendment 108 #
2013/2176(INI)
Motion for a resolution
Paragraph 12 a (new)
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;
Amendment 112 #
2013/2176(INI)
Motion for a resolution
Paragraph 12 b (new)
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;
Amendment 125 #
2013/2176(INI)
Motion for a resolution
Paragraph 14
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;
Amendment 136 #
Amendment 137 #
2013/2176(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 149 #
2013/2176(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 159 #
2013/2176(INI)
Motion for a resolution
Paragraph 17
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;
Amendment 168 #
2013/2176(INI)
Motion for a resolution
Paragraph 19
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;
Amendment 178 #
2013/2176(INI)
Motion for a resolution
Paragraph 20
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;
Amendment 182 #
2013/2176(INI)
Motion for a resolution
Paragraph 22
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;
Amendment 191 #
2013/2176(INI)
Motion for a resolution
Paragraph 23
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;
Amendment 209 #
2013/2176(INI)
Motion for a resolution
Paragraph 26
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;
Amendment 214 #
2013/2176(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 234 #
2013/2176(INI)
Motion for a resolution
Paragraph 29
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;
Amendment 241 #
2013/2176(INI)
Motion for a resolution
Paragraph 30
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;
Amendment 251 #
2013/2176(INI)
Motion for a resolution
Paragraph 31
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;
Amendment 255 #
2013/2176(INI)
Motion for a resolution
Paragraph 32
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;
Amendment 262 #
2013/2176(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 269 #
2013/2176(INI)
Motion for a resolution
Paragraph 35
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;
Amendment 5 #
2013/2135(INI)
Draft opinion
Paragraph 1 a (new)
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;
Amendment 16 #
2013/2135(INI)
Draft opinion
Paragraph 3 a (new)
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).
Amendment 17 #
2013/2135(INI)
Draft opinion
Paragraph 3 b (new)
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).
Amendment 21 #
2013/2135(INI)
Draft opinion
Paragraph 5
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;
Amendment 46 #
2013/2135(INI)
Motion for a resolution
Recital A
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;
Amendment 240 #
2013/2135(INI)
Motion for a resolution
Paragraph 2 a (new)
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).
Amendment 262 #
2013/2135(INI)
Motion for a resolution
Paragraph 3
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;
Amendment 776 #
2013/2135(INI)
Motion for a resolution
Paragraph 28 a (new)
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;
Amendment 17 #
2013/2093(INI)
Draft opinion
Paragraph 4
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;
Amendment 18 #
2013/2093(INI)
Motion for a resolution
Paragraph 3
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;
Amendment 31 #
2013/2093(INI)
Draft opinion
Paragraph 6 a (new)
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.
Amendment 89 #
2013/2093(INI)
Motion for a resolution
Paragraph 20
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;
Amendment 11 #
2013/2043(INI)
Draft opinion
Paragraph 4
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;
Amendment 14 #
2013/2043(INI)
Draft opinion
Paragraph 5
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;
Amendment 17 #
2013/2043(INI)
Motion for a resolution
Paragraph 6 a (new)
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;
Amendment 20 #
2013/2043(INI)
Draft opinion
Paragraph 6
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;
Amendment 38 #
2013/2043(INI)
Motion for a resolution
Paragraph 10
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;
Amendment 46 #
2013/2043(INI)
Motion for a resolution
Paragraph 13
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;
Amendment 59 #
2013/2043(INI)
Motion for a resolution
Paragraph 16 a (new)
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;
Amendment 60 #
2013/2043(INI)
Motion for a resolution
Paragraph 16 b (new)
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;
Amendment 6 #
2013/2006(INI)
Motion for a resolution
Citation 18
Citation 18
– having regard to the Commission Working Document of 26 September 20112 entitled ‘Competitiveness of European high-end industries’ (SWD(2013)0286),
Amendment 55 #
2013/2006(INI)
Motion for a resolution
Paragraph 2
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;
Amendment 107 #
2013/2006(INI)
Motion for a resolution
Paragraph 6
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;
Amendment 134 #
2013/2006(INI)
Motion for a resolution
Paragraph 9
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;
Amendment 147 #
2013/2006(INI)
Motion for a resolution
Paragraph 11
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;
Amendment 200 #
2013/2006(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 236 #
2013/2006(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 259 #
2013/2006(INI)
Motion for a resolution
Paragraph 28
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;
Amendment 275 #
2013/2006(INI)
Motion for a resolution
Paragraph 29 a (new)
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;
Amendment 281 #
2013/2006(INI)
Motion for a resolution
Paragraph 30 a (new)
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;
Amendment 284 #
2013/2006(INI)
Motion for a resolution
Paragraph 31 a (new)
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;
Amendment 445 #
2013/2006(INI)
Motion for a resolution
Paragraph 58
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;
Amendment 451 #
2013/2006(INI)
Motion for a resolution
Paragraph 58 a (new)
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;
Amendment 31 #
2013/0371(COD)
Proposal for a directive
Recital 6
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.
Amendment 34 #
2013/0371(COD)
Proposal for a directive
Recital 6 a (new)
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.
Amendment 37 #
2013/0371(COD)
Proposal for a directive
Recital 6 b (new)
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.
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.
Amendment 59 #
2013/0371(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 94/62/EC
Article 4 – paragraph 1a – subparagraph 2
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.
Amendment 77 #
2013/0309(COD)
Proposal for a regulation
Recital 56
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.
Amendment 81 #
2013/0309(COD)
Proposal for a regulation
Recital 58
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.
Amendment 83 #
2013/0309(COD)
Proposal for a regulation
Recital 59
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.
Amendment 85 #
2013/0309(COD)
Proposal for a regulation
Recital 61
Recital 61
Amendment 105 #
2013/0309(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point e
Article 1 – paragraph 3 – point e
Amendment 115 #
2013/0309(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 14
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;
Amendment 121 #
2013/0309(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 15
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;
Amendment 148 #
2013/0309(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 165 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
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.
Amendment 167 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
Amendment 175 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
Amendment 179 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
Amendment 196 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – introductory part
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:
Amendment 199 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point a
Article 23 – paragraph 5 – subparagraph 1 – point a
(a) implement a legislative provision or a court order, or prevent or impede serious crimes;
Amendment 205 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point c
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;
Amendment 207 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point d
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.
Amendment 218 #
2013/0309(COD)
Proposal for a regulation
Article 24 – paragraph 1
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.
Amendment 230 #
2013/0309(COD)
Proposal for a regulation
Article 25
Article 25
Amendment 250 #
2013/0309(COD)
Proposal for a regulation
Article 26
Article 26
Amendment 265 #
2013/0309(COD)
Proposal for a regulation
Article 27
Article 27
Amendment 268 #
2013/0309(COD)
Proposal for a regulation
Article 28
Article 28
Amendment 278 #
2013/0309(COD)
Proposal for a regulation
Article 29
Article 29
Amendment 280 #
2013/0309(COD)
Proposal for a regulation
Article 30
Article 30
Amendment 285 #
2013/0309(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point 1 b (new)
Article 36 – paragraph 1 – point 1 b (new)
Directive 2002/22/EC
Article 20 – paragraph -1 a (new)
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).”
Amendment 291 #
2013/0309(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point 1 d (new)
Article 36 – paragraph 1 – point 1 d (new)
Directive 2002/22/EC
Article 20 – paragraph 1 a (new)
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).”
Amendment 294 #
2013/0309(COD)
Proposal for a regulation
Article 36 – paragraph – point 1 f (new)
Article 36 – paragraph – point 1 f (new)
Directive 2002/22/EC
Article 20 – paragraph 2 a (new)
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.”
Amendment 297 #
2013/0309(COD)
Proposal for a regulation
Recital 74
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.
Amendment 297 #
2013/0309(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point 1 g (new)
Article 36 – paragraph 1 – point 1 g (new)
Directive 2002/22/EC
Article 20 a (new)
Article 20 a (new)
Amendment 299 #
2013/0309(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point 1 i (new)
Article 36 – paragraph 1 – point 1 i (new)
Directive 2002/22/EC
Article 21 – paragraph 1
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-
Amendment 302 #
2013/0309(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point 1 k (new)
Article 36 – paragraph 1 – point 1 k (new)
Directive 2002/22/EC
Article 21 – paragraph 3
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-
Amendment 304 #
2013/0309(COD)
Proposal for a regulation
Recital 75
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.
Amendment 306 #
2013/0309(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point 1 l (new)
Article 36 – paragraph 1 – point 1 l (new)
Directive 2002/22/EC
Article 21 a (new)
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.”
Amendment 309 #
2013/0309(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point 2 Directive 2002/22/EC
Article 36 – paragraph 1 – point 2 Directive 2002/22/EC
Amendment 311 #
2013/0309(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point 2 a (new)
Article 36 – paragraph 1 – point 2 a (new)
Directive 2002/22/EC
Article 26
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-
Amendment 321 #
2013/0309(COD)
Proposal for a regulation
Article 36 – paragraph 2 f (new)
Article 36 – paragraph 2 f (new)
Directive 2002/22/EC
Article 30 – paragraph 4
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-
Amendment 352 #
2013/0309(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 14
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;
Amendment 359 #
2013/0309(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 15
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;
Amendment 574 #
2013/0309(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 586 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
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.
Amendment 589 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
Amendment 602 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
Amendment 609 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
Amendment 641 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – introductory part
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:
Amendment 649 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point a
Article 23 – paragraph 5 – subparagraph 1 – point a
(a) implement a legislative provision or a court order, or prevent or impede serious crimes;
Amendment 661 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point c
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;
Amendment 673 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point d
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.
Amendment 765 #
2013/0309(COD)
Proposal for a regulation
Article 37 – point 3
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.
Amendment 774 #
2013/0309(COD)
Proposal for a regulation
Article 37 – point 3 a (new)
Article 37 – point 3 a (new)
Regulation (EU) No 531/2012
Article 5
Article 5
(3a) In Article 5, the following paragraph 7 is added: 7. This Article shall apply until 30 June 2016.
Amendment 784 #
2013/0309(COD)
Proposal for a regulation
Article 37 – point 4 a (new)
Article 37 – point 4 a (new)
Regulation (EU) No 531/2012
Article 6 a (new)
Article 6 a (new)
Amendment 42 #
2013/0237(NLE)
Proposal for a regulation
Annex – paragraph 1 – point 2
Annex – paragraph 1 – point 2
Regulation (EC) No 219/2007
Annex – Article 6 – paragraph 1
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.
Amendment 26 #
2013/0232(COD)
Proposal for a decision
Article 2 – point 2
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.
Amendment 40 #
2013/0232(COD)
Proposal for a decision
Article 6 – paragraph 1 - pint a a (new)
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.
Amendment 35 #
2013/0213(COD)
Proposal for a directive
Recital 6
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))
Amendment 44 #
2013/0213(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
Amendment 50 #
2013/0213(COD)
Proposal for a directive
Recital 18
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.
Amendment 61 #
2013/0213(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
The Commission shall require that the European standard for the semantic data model of the core electronic invoice be 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;
Amendment 73 #
2013/0213(COD)
Proposal for a directive
Article 4 a (new)
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.
Amendment 75 #
2013/0213(COD)
Proposal for a directive
Article 5 a (new)
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).
Amendment 78 #
2013/0213(COD)
Proposal for a directive
Article 5 b (new)
Article 5 b (new)
Amendment 81 #
2013/0213(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 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).)
Amendment 84 #
2013/0213(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1 a (new)
Article 6 – paragraph 1 – subparagraph 1 a (new)
Amendment 16 #
2013/0181(COD)
Proposal for a regulation
Article 7 – paragraph 1
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.
Amendment 17 #
2013/0181(COD)
Proposal for a regulation
Article 7 – paragraph 3
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
Amendment 19 #
2013/0181(COD)
Proposal for a regulation
Article 8 – paragraph 3
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.
Amendment 20 #
2013/0181(COD)
Proposal for a regulation
Article 8 – paragraph 4
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.
Amendment 21 #
2013/0181(COD)
Proposal for a regulation
Chapter 8 – title
Chapter 8 – title
SANCTIONS CONCERNING THE MANIPULISREPRESENTATION OF STATISTICS
Amendment 24 #
2013/0181(COD)
Proposal for a regulation
Article 9 – paragraph 5
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.
Amendment 25 #
2013/0181(COD)
Proposal for a regulation
Article 11 – paragraph 1
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.
Amendment 37 #
2013/0110(COD)
Proposal for a directive
Recital 11
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
Amendment 38 #
2013/0110(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 1 – introductory part
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:
Amendment 42 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – paragraph 1 – introductory part
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:
Amendment 42 #
2013/0110(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 2
Article 46 – paragraph 1 – point b – subparagraph 2
Amendment 48 #
2013/0110(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1– point b
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
Amendment 50 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – paragraph 2
Article 46 – paragraph 1 – point b – paragraph 2
Amendment 54 #
2013/0110(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
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.
Amendment 56 #
2013/0110(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 78/660/EEC
Article 46 – paragraph 4
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.
Amendment 57 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point c
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.
Amendment 57 #
2013/0110(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 78/660/EEC
Article 46a – paragraph 1 – point g
Article 46a – paragraph 1 – point g
Amendment 58 #
2013/0110(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 2
Article 46 – paragraph 1 – point b – subparagraph 2
Amendment 61 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 78/660/EEC
Article 46 – paragraph 4
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.'
Amendment 62 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 3 – introductory part
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:
Amendment 65 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Directive 78/660/EEC
Article 46a – paragraph 1 – point g
Article 46a – paragraph 1 – point g
Amendment 67 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 4
Article 36 – paragraph 1 – subparagraph 4
Amendment 78 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349 / EEC
Article 36 – paragraph 1 – subparagraph 3
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:
Amendment 78 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – paragraph 3 – introductory part
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:
Amendment 79 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 6
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.
Amendment 81 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point b
Article 2 – point 1 – point b
Directive 83/349/EEC
Article 36 – paragraph 4
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.
Amendment 84 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – paragraph 4
Article 36 – paragraph 1 – paragraph 4
Amendment 85 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/CEE
Article 36 – paragraph 1 – point a – subparagraph 4
Article 36 – paragraph 1 – point a – subparagraph 4
Amendment 91 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – paragraph 6
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.
Amendment 93 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point b
Article 2 – point 1 – point b
Directive 83/349/EEC
Article 36 – paragraph 4
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.
Amendment 16 #
2013/0089(COD)
Proposal for a directive
Recital 34
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.
Amendment 28 #
2013/0089(COD)
Proposal for a directive
Article 41 – paragraph 1
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.
Amendment 28 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 207/2009
Article 12 – paragraph 1 – subparagraph 2
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.
Amendment 32 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) 207/2009
Article 15 – paragraph 1
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.
Amendment 33 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EC) 207/2009
Article 27
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.
Amendment 34 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 28
Article 1 – paragraph 1 – point 28
Regulation (EC) 207/2009
Article 28 – paragraph 8 – subparagraph 1
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.
Amendment 35 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 28
Article 1 – paragraph 1 – point 28
Regulation (EC) 207/2009
Article 28 – paragraph 8 – subparagraph 2
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).
Amendment 36 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 30
Article 1 – paragraph 1 – point 30
Regulation (EC) 207/2009
Article 30 – paragraph 1 – subparagraph 1
Article 30 – paragraph 1 – subparagraph 1
Amendment 39 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 40 a (new)
Article 1 – paragraph 1 – point 40 a (new)
Regulation (EC) 207/2009
Article 42 – paragraph 4
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.
Amendment 40 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 50 a (new)
Article 1 – paragraph 1 – point 50 a (new)
Regulation (EC) 207/2009
Article 57 – paragraph 4
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.
Amendment 51 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 110
Article 1 – paragraph 1 – point 110
Regulation (EC) 207/2009
Article 144 – paragraph 2
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.
Amendment 24 #
2013/0049(COD)
Proposal for a regulation
Recital 8
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)
Amendment 27 #
2013/0049(COD)
Proposal for a regulation
Recital 13
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)
Amendment 30 #
2013/0049(COD)
Proposal for a regulation
Recital 14
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)
Amendment 32 #
2013/0049(COD)
Proposal for a regulation
Recital 20
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)
Amendment 34 #
2013/0049(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 36 #
2013/0049(COD)
Proposal for a regulation
Recital 24
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)
Amendment 37 #
2013/0049(COD)
Proposal for a regulation
Recital 27
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)
Amendment 38 #
2013/0049(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
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;
Amendment 41 #
2013/0049(COD)
Proposal for a regulation
Article 2 – paragraph 4
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)
Amendment 43 #
2013/0049(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
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;
Amendment 47 #
2013/0049(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 48 #
2013/0049(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
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)
Amendment 49 #
2013/0049(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
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)
Amendment 50 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 52 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 1 –point d
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)
Amendment 53 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Amendment 54 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 55 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
Amendment 56 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point h
Article 6 – paragraph 2 – point h
Amendment 57 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point h a (new)
Article 6 – paragraph 2 – point h a (new)
Amendment 59 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
Amendment 60 #
2013/0049(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 64 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 4 – point c a (new)
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.
Amendment 65 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 5
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)
Amendment 68 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 7
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)
Amendment 71 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 8 – subparagraph 1
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.
Amendment 72 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 9
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)
Amendment 74 #
2013/0049(COD)
Proposal for a regulation
Article 10 – paragraph 1
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)
Amendment 75 #
2013/0049(COD)
Proposal for a regulation
Article 10 – paragraph 3
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)
Amendment 77 #
2013/0049(COD)
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1
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.
Amendment 78 #
2013/0049(COD)
Proposal for a regulation
Article 10 – paragraph 7
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)
Amendment 78 #
2013/0049(COD)
Proposal for a regulation
Recital 8
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)
Amendment 79 #
2013/0049(COD)
Proposal for a regulation
Article 10 – paragraph 8
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)
Amendment 82 #
2013/0049(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Before making a product available on the market distributors shall verify that the manufacturer and the importer have complied with the requirements set outproduct includes the information required from manufacturers and importers in Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable.
Amendment 83 #
2013/0049(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Distributors who consider or have reason to believe that a product which they have made available on the market is not safe or is not in conformity with Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable, shall make sure that the corrective action necessary to bring that product into conformity is taken, to withdraw it or recall it, 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)
Amendment 84 #
2013/0049(COD)
Proposal for a regulation
Recital 13
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)
Amendment 86 #
2013/0049(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
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;
Amendment 87 #
2013/0049(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
Amendment 88 #
2013/0049(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 determining the products, categories or groups of products for which, due to their low level of risk, the information referred to in Article 8(7) and Article 10(3) doeis not need to be indicated on the product itselfrequired.
Amendment 90 #
2013/0049(COD)
Proposal for a regulation
Article 14 – paragraph 2
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.
Amendment 91 #
2013/0049(COD)
Proposal for a regulation
Recital 14
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)
Amendment 93 #
2013/0049(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
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.
Amendment 96 #
2013/0049(COD)
Proposal for a regulation
Article 15 – paragraph 1
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.
Amendment 98 #
2013/0049(COD)
Proposal for a regulation
Recital 20
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)
Amendment 100 #
2013/0049(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
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)
Amendment 100 #
2013/0049(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 101 #
2013/0049(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2
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)
Amendment 102 #
2013/0049(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 106 #
2013/0049(COD)
Proposal for a regulation
Recital 24
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)
Amendment 107 #
2013/0049(COD)
Proposal for a regulation
Recital 27
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)
Amendment 115 #
2013/0049(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
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;
Amendment 124 #
2013/0049(COD)
Proposal for a regulation
Article 2 – paragraph 4
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)
Amendment 128 #
2013/0049(COD)
Proposal for a regulation
Article 3 – point 1
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;
Amendment 144 #
2013/0049(COD)
Proposal for a regulation
Article 5 – point a
Article 5 – point a
Amendment 146 #
2013/0049(COD)
Proposal for a regulation
Article 5 – point b
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)
Amendment 148 #
2013/0049(COD)
Proposal for a regulation
Article 5 – point c
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)
Amendment 153 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 154 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Amendment 161 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point d
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)
Amendment 169 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 170 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
Amendment 171 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
Amendment 178 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point h
Article 6 – paragraph 2 – point h
Amendment 181 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point h a (new)
Article 6 – paragraph 2 – point h a (new)
Amendment 186 #
2013/0049(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 221 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 – point c a (new)
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.
Amendment 225 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 5
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)
Amendment 238 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 7
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)
Amendment 239 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 8 – subparagraph 1
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.
Amendment 243 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 9
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)
Amendment 257 #
2013/0049(COD)
Proposal for a regulation
Article 10 – paragraph 1
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)
Amendment 260 #
2013/0049(COD)
Proposal for a regulation
Article 10 – paragraph 3
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)
Amendment 264 #
2013/0049(COD)
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1
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.
Amendment 269 #
2013/0049(COD)
Proposal for a regulation
Article 10 – paragraph 7
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)
Amendment 275 #
2013/0049(COD)
Proposal for a regulation
Article 10 – paragraph 8
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)
Amendment 280 #
2013/0049(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Before making a product available on the market distributors shall verify that the manufacturer and the importer have complied with the requirements set outproduct includes the information required from manufacturers and importers in Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable.
Amendment 293 #
2013/0049(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Distributors who consider or have reason to believe that a product which they have made available on the market is not safe or is not in conformity with Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable, shall make sure that the corrective action necessary to bring that product into conformity is taken, to withdraw it or recall it, 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)
Amendment 313 #
2013/0049(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
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;
Amendment 315 #
2013/0049(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
Amendment 320 #
2013/0049(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 determining the products, categories or groups of products for which, due to their low level of risk, the information referred to in Article 8(7) and Article 10(3) doeis not need to be indicated on the product itselfrequired.
Amendment 327 #
2013/0049(COD)
Proposal for a regulation
Article 14 – paragraph 2
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.
Amendment 329 #
2013/0049(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
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.
Amendment 331 #
2013/0049(COD)
Proposal for a regulation
Article 15 – paragraph 1
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.
Amendment 337 #
2013/0049(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
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)
Amendment 339 #
2013/0049(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2
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)
Amendment 342 #
2013/0049(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 66 #
2013/0048(COD)
Proposal for a regulation
Recital 1
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.
Amendment 68 #
2013/0048(COD)
Proposal for a regulation
Recital 8
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.
Amendment 82 #
2013/0048(COD)
Proposal for a regulation
Recital 23
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.
Amendment 86 #
2013/0048(COD)
Proposal for a regulation
Recital 33
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.
Amendment 102 #
2013/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
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;
Amendment 103 #
2013/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
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;
Amendment 112 #
2013/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
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;
Amendment 186 #
2013/0048(COD)
Proposal for a regulation
Article 8 – paragraph 1
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.
Amendment 189 #
2013/0048(COD)
Proposal for a regulation
Article 8 – paragraph 2
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.
Amendment 201 #
2013/0048(COD)
Proposal for a regulation
Article 8 i (new)
Article 8 i (new)
Amendment 215 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 288 #
2013/0048(COD)
Proposal for a regulation
Article 13 – paragraph 3
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.
Amendment 304 #
2013/0048(COD)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
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.
Amendment 308 #
2013/0048(COD)
Proposal for a regulation
Article 15 – paragraph 3
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.
Amendment 320 #
2013/0048(COD)
Proposal for a regulation
Article 19 – paragraph 1
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.
Amendment 327 #
2013/0048(COD)
Proposal for a regulation
Article 20 – title
Article 20 – title
Notification through RAPEX of products presenting a serious risk
Amendment 386 #
2013/0048(COD)
Proposal for a regulation
Article 31 – paragraph 2
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.
Amendment 141 #
2013/0027(COD)
Proposal for a directive
Recital 5
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.
Amendment 166 #
2013/0027(COD)
Proposal for a directive
Recital 15
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.
Amendment 188 #
2013/0027(COD)
Proposal for a directive
Recital 28
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.
Amendment 215 #
2013/0027(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘incident’ means any reasonably identifiable circumstance or event having an actual adverse effect on security;
Amendment 216 #
2013/0027(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
Amendment 219 #
2013/0027(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 8 – point a
Article 3 – paragraph 1 – point 8 – point a
Amendment 222 #
2013/0027(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 8 – point b
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.
Amendment 226 #
Amendment 239 #
2013/0027(COD)
Proposal for a directive
Article 7 – paragraph 1
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.
Amendment 254 #
2013/0027(COD)
Proposal for a directive
Article 8 – paragraph 3 – point c a (new)
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;
Amendment 263 #
2013/0027(COD)
Proposal for a directive
Article 8 – paragraph 3 a (new)
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.
Amendment 271 #
2013/0027(COD)
Proposal for a directive
Article 10 – paragraph 1 – point a
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;
Amendment 272 #
2013/0027(COD)
Proposal for a directive
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
Amendment 274 #
2013/0027(COD)
Proposal for a directive
Article 10 – paragraph 2
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.
Amendment 277 #
2013/0027(COD)
Proposal for a directive
Article 10 – paragraph 4
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.
Amendment 280 #
2013/0027(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 293 #
2013/0027(COD)
Proposal for a directive
Article 14 – paragraph 1
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.
Amendment 297 #
2013/0027(COD)
Proposal for a directive
Article 14 – paragraph 2
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.
Amendment 307 #
2013/0027(COD)
Proposal for a directive
Article 14 – paragraph 4
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.
Amendment 313 #
2013/0027(COD)
Proposal for a directive
Article 14 – paragraph 6
Article 14 – paragraph 6
Amendment 321 #
2013/0027(COD)
Proposal for a directive
Article 15 – paragraph 1
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.
Amendment 324 #
2013/0027(COD)
Proposal for a directive
Article 15 – paragraph 2 – point b
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.
Amendment 325 #
2013/0027(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 328 #
2013/0027(COD)
Proposal for a directive
Article 15 – paragraph 4
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.
Amendment 333 #
2013/0027(COD)
Proposal for a directive
Article 16 – paragraph 1
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.
Amendment 336 #
2013/0027(COD)
Proposal for a directive
Article 17 – paragraph 1
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.
Amendment 348 #
2013/0027(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point 1
Annex 2 – paragraph 1 – point 1
Amendment 350 #
2013/0027(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point 2
Annex 2 – paragraph 1 – point 2
Amendment 351 #
Amendment 352 #
Amendment 354 #
2013/0027(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point 5
Annex 2 – paragraph 1 – point 5
Amendment 358 #
Amendment 361 #
Amendment 2 #
2012/2322(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to its resolution on match- fixing and corruption in sports (2013/2567(RSP),
Amendment 79 #
2012/2322(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Amendment 99 #
2012/2322(INI)
Motion for a resolution
Paragraph 1
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;
Amendment 110 #
2012/2322(INI)
Motion for a resolution
Paragraph 1 a (new)
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;
Amendment 137 #
2012/2322(INI)
Motion for a resolution
Paragraph 3
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;
Amendment 146 #
2012/2322(INI)
Motion for a resolution
Paragraph 3 a (new)
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;
Amendment 169 #
2012/2322(INI)
Motion for a resolution
Paragraph 5
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;
Amendment 173 #
2012/2322(INI)
Motion for a resolution
Paragraph 5 a (new)
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;
Amendment 177 #
2012/2322(INI)
Motion for a resolution
Paragraph 5 b (new)
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;
Amendment 184 #
2012/2322(INI)
Motion for a resolution
Paragraph 6
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;
Amendment 193 #
2012/2322(INI)
Motion for a resolution
Paragraph 6 a (new)
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;
Amendment 203 #
2012/2322(INI)
Motion for a resolution
Paragraph 7 a (new)
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;
Amendment 210 #
2012/2322(INI)
Motion for a resolution
Paragraph 8
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;
Amendment 227 #
2012/2322(INI)
Motion for a resolution
Paragraph 9
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;
Amendment 233 #
2012/2322(INI)
Motion for a resolution
Paragraph 9 a (new)
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;
Amendment 241 #
2012/2322(INI)
Motion for a resolution
Paragraph 10
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;
Amendment 253 #
2012/2322(INI)
Motion for a resolution
Paragraph 10 a (new)
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;
Amendment 279 #
2012/2322(INI)
Motion for a resolution
Paragraph 12
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;
Amendment 295 #
2012/2322(INI)
Motion for a resolution
Paragraph 13
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;
Amendment 315 #
2012/2322(INI)
Motion for a resolution
Paragraph 14
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;
Amendment 322 #
2012/2322(INI)
Motion for a resolution
Paragraph 14 a (new)
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;
Amendment 336 #
2012/2322(INI)
Motion for a resolution
Paragraph 15 a (new)
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;
Amendment 341 #
2012/2322(INI)
Motion for a resolution
Paragraph 15 b (new)
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;
Amendment 344 #
2012/2322(INI)
Motion for a resolution
Paragraph 15 c (new)
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;
Amendment 352 #
2012/2322(INI)
Motion for a resolution
Paragraph 16
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;
Amendment 358 #
2012/2322(INI)
Motion for a resolution
Paragraph 16 a (new)
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;
Amendment 365 #
2012/2322(INI)
Motion for a resolution
Paragraph 16 a (new)
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;
Amendment 370 #
2012/2322(INI)
Motion for a resolution
Paragraph 17
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;
Amendment 392 #
2012/2322(INI)
Motion for a resolution
Paragraph 18 a (new)
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;
Amendment 395 #
2012/2322(INI)
Motion for a resolution
Paragraph 18 a (new)
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;
Amendment 403 #
2012/2322(INI)
Motion for a resolution
Paragraph 18 b (new)
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;
Amendment 404 #
2012/2322(INI)
Motion for a resolution
Paragraph 18 b (new)
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;
Amendment 412 #
2012/2322(INI)
Motion for a resolution
Paragraph 18 c (new)
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;
Amendment 413 #
2012/2322(INI)
Motion for a resolution
Paragraph 18 c (new)
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;
Amendment 418 #
2012/2322(INI)
Motion for a resolution
Paragraph 18 d (new)
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;
Amendment 421 #
2012/2322(INI)
Motion for a resolution
Paragraph 18 e (new)
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;
Amendment 424 #
2012/2322(INI)
Motion for a resolution
Paragraph 18 f (new)
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.)
Amendment 9 #
2012/2292(INI)
Motion for a resolution
Citation 17
Citation 17
Amendment 15 #
2012/2292(INI)
Motion for a resolution
Recital A
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;
Amendment 21 #
2012/2292(INI)
Motion for a resolution
Recital B
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;
Amendment 22 #
2012/2292(INI)
Motion for a resolution
Recital C
Recital C
Amendment 26 #
2012/2292(INI)
Motion for a resolution
Recital D
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;
Amendment 43 #
2012/2292(INI)
Motion for a resolution
Paragraph 1
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;
Amendment 52 #
2012/2292(INI)
Motion for a resolution
Paragraph 2
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;
Amendment 65 #
2012/2292(INI)
Motion for a resolution
Subheading 1
Subheading 1
Amendment 72 #
2012/2292(INI)
Motion for a resolution
Paragraph 4
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;
Amendment 79 #
2012/2292(INI)
Motion for a resolution
Paragraph 5
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;
Amendment 83 #
2012/2292(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 94 #
2012/2292(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 101 #
2012/2292(INI)
Motion for a resolution
Paragraph 8
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;
Amendment 107 #
2012/2292(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 115 #
2012/2292(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 127 #
2012/2292(INI)
Motion for a resolution
Paragraph 11
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;
Amendment 134 #
2012/2292(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 144 #
2012/2292(INI)
Motion for a resolution
Paragraph 14
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.
Amendment 87 #
2012/2259(INI)
Motion for a resolution
Paragraph 2
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;
Amendment 469 #
2012/2259(INI)
Motion for a resolution
Paragraph 29
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;
Amendment 2 #
2012/2132(INI)
Draft opinion
Paragraph -1 a (new)
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;
Amendment 4 #
2012/2132(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that Member States should ensure that audiovisual media services are accessible free of charge;
Amendment 5 #
2012/2132(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 8 #
2012/2132(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 10 #
2012/2132(INI)
Draft opinion
Paragraph 5
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;
Amendment 17 #
2012/2132(INI)
Draft opinion
Paragraph 6
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;
Amendment 18 #
2012/2132(INI)
Draft opinion
Paragraph 6 a (new)
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).
Amendment 19 #
2012/2132(INI)
Draft opinion
Paragraph 7
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;
Amendment 3 #
2012/2042(INI)
Motion for a resolution
Recital A
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;
Amendment 4 #
2012/2042(INI)
Motion for a resolution
Recital B
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.;
Amendment 5 #
2012/2042(INI)
Motion for a resolution
Recital B a (new)
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;
Amendment 7 #
2012/2042(INI)
Motion for a resolution
Recital C
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;
Amendment 13 #
2012/2042(INI)
Motion for a resolution
Paragraph 1
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;
Amendment 15 #
2012/2042(INI)
Motion for a resolution
Paragraph 2
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;
Amendment 17 #
2012/2042(INI)
Motion for a resolution
Heading 1 – subheading 1
Heading 1 – subheading 1
Amendment 19 #
2012/2042(INI)
Motion for a resolution
Paragraph 3
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;
Amendment 21 #
2012/2042(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 24 #
2012/2042(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 26 #
2012/2042(INI)
Motion for a resolution
Heading 1 – subheading 2
Heading 1 – subheading 2
Amendment 27 #
2012/2042(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 29 #
2012/2042(INI)
Motion for a resolution
Paragraph 6 a (new)
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;
Amendment 34 #
2012/2042(INI)
Motion for a resolution
Paragraph 8
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;
Amendment 36 #
2012/2042(INI)
Motion for a resolution
Heading 1 – subheading 3
Heading 1 – subheading 3
IMPROMOTVING EU CLUSTERS AND NETWORKMARKET ACCESS
Amendment 39 #
2012/2042(INI)
Motion for a resolution
Paragraph 9
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;
Amendment 42 #
2012/2042(INI)
Motion for a resolution
Paragraph 10
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;
Amendment 43 #
2012/2042(INI)
Motion for a resolution
Paragraph 10 a (new)
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;
Amendment 45 #
2012/2042(INI)
Motion for a resolution
Paragraph 10 b (new)
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;
Amendment 46 #
2012/2042(INI)
Motion for a resolution
Paragraph 10 c (new)
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;
Amendment 47 #
2012/2042(INI)
Motion for a resolution
Paragraph 10 d (new)
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;
Amendment 48 #
2012/2042(INI)
Motion for a resolution
Paragraph 10 e (new)
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;
Amendment 49 #
2012/2042(INI)
Motion for a resolution
Paragraph 10 f (new)
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;
Amendment 51 #
Amendment 52 #
2012/2042(INI)
Motion for a resolution
Paragraph 10 a (new) after subheading 4
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;
Amendment 53 #
2012/2042(INI)
Motion for a resolution
Paragraph 10 b (new) after subheading 4
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;
Amendment 54 #
2012/2042(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 57 #
2012/2042(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 62 #
2012/2042(INI)
Motion for a resolution
Paragraph 12 a (new)
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;
Amendment 63 #
2012/2042(INI)
Motion for a resolution
Paragraph 12 b (new)
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;
Amendment 64 #
2012/2042(INI)
Motion for a resolution
Paragraph 12 c (new)
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;
Amendment 65 #
2012/2042(INI)
Motion for a resolution
Paragraph 12 d (new)
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;
Amendment 66 #
2012/2042(INI)
Motion for a resolution
Paragraph 12 e (new)
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;
Amendment 67 #
2012/2042(INI)
Motion for a resolution
Paragraph 12 f (new)
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.
Amendment 68 #
2012/2042(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 71 #
2012/2042(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 75 #
2012/2042(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 78 #
2012/2042(INI)
Motion for a resolution
Paragraph 16
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;
Amendment 85 #
2012/2042(INI)
Motion for a resolution
Paragraph 18
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.
Amendment 92 #
2012/2042(INI)
Motion for a resolution
Paragraph 19
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;
Amendment 93 #
2012/2042(INI)
Motion for a resolution
Paragraph 20
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;
Amendment 94 #
2012/2042(INI)
Motion for a resolution
Paragraph 21
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;
Amendment 97 #
2012/2042(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls for a "fitness check" of existing EU legislation to set aside inconsistencies and outdated or ineffective rules;
Amendment 98 #
2012/2042(INI)
Motion for a resolution
Paragraph 21 b (new)
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;
Amendment 99 #
2012/2042(INI)
Motion for a resolution
Paragraph 22
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;
Amendment 102 #
2012/2042(INI)
Motion for a resolution
Paragraph 23
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;
Amendment 105 #
2012/2042(INI)
Motion for a resolution
Paragraph 24
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;
Amendment 111 #
2012/2042(INI)
Motion for a resolution
Paragraph 25
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;
Amendment 119 #
2012/2042(INI)
Motion for a resolution
Paragraph 27
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;
Amendment 124 #
2012/2042(INI)
Motion for a resolution
Paragraph 28
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;
Amendment 128 #
2012/2042(INI)
Motion for a resolution
Paragraph 29
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;
Amendment 132 #
2012/2042(INI)
Motion for a resolution
Paragraph 29 a (new)
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;
Amendment 136 #
2012/2042(INI)
Motion for a resolution
Paragraph 30
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;
Amendment 147 #
2012/2042(INI)
Motion for a resolution
Paragraph 31
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;
Amendment 154 #
2012/2042(INI)
Motion for a resolution
Paragraph 32
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;
Amendment 7 #
2012/2030(INI)
Draft opinion
Paragraph 2
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;
Amendment 27 #
2012/2030(INI)
Draft opinion
Paragraph 5
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;
Amendment 32 #
2012/2030(INI)
Draft opinion
Paragraph 5 a (new)
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;
Amendment 35 #
2012/2030(INI)
Draft opinion
Paragraph 6
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;
Amendment 40 #
2012/2030(INI)
Draft opinion
Paragraph 7
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;
Amendment 57 #
2012/2030(INI)
Draft opinion
Paragraph 10
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).
Amendment 74 #
2012/0366(COD)
Proposal for a directive
Recital 18
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.
Amendment 103 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘'characterising flavour’' means a distinguishable aroma or taste other than tobacco, resulting from an additive or combination of additives, including but not limited towith the exception of menthol, including fruit, spice, herb, alcohol, candy, menthol or vanilla observable before or upon intended use of the tobacco product;
Amendment 123 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 30
Article 2 – paragraph 1 – point 30
(30) '‘substantial change of circumstances'’ means an increase of the sales volumes by product category, such as pipe tobacco, cigar, cigarillo, by at least 120% in at least 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;
Amendment 152 #
2012/0366(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
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.
Amendment 158 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall prohibit the placing on the market of tobacco products with a characterising flavour where this increases in an appreciable manner at the stage of consumption the toxic or addictive effect of a tobacco product.
Amendment 177 #
2012/0366(COD)
Proposal for a directive
Article 5 – paragraph 6 c (new)
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.
Amendment 178 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. In case the experience gained in the application of paragraphs 1 and 2 shows that a certain additive 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.
Amendment 189 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 5
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.
Amendment 201 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 10
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.
Amendment 208 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
10. Tobacco products other than cigarettes, and roll-your-own tobacco and smokeless tobacco products shall be exempted from the prohibitions laid down in paragraphs 1 and 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to withdraw this exemption if there is a substantial change of circumstances as established in a Commission report.
Amendment 217 #
2012/0366(COD)
Proposal for a directive
Article 7 – paragraph 3
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.
Amendment 224 #
2012/0366(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. For cigarette packets the general warning and the information message shall be printed on the lateral sides of the unit packets. These warnings shall have a width of not less than 20 mm and a height of not less than 43 mm. For roll-your-own tobacco the information message shall be printed on the surface that becomes visible when opening the unit packet. Both the general warning and the information message shall cover 540% of the surface on which they are printed.
Amendment 239 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
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;
Amendment 249 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point e
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;
Amendment 285 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
The general warning shall be printed or 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.
Amendment 295 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 4 – point b
Article 10 – paragraph 4 – point b
(b) centred in the area in which they are required to be printed or affixed, parallel to the top edge of the unit packet and any outside packaging;
Amendment 304 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 307 #
2012/0366(COD)
Proposal for a directive
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) be printed or affixed on the two largest surfaces of the unit packet and any outside packaging;
Amendment 312 #
2012/0366(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 319 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
Amendment 330 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Prohibited elements and features may include but are not limited to texts, symbols, names, trade marks, figurative or other signs, misleading colours, inserts or other additional material such as adhesive labels, stickers, onserts, scratch-offs and sleeves or relate to the shape of the tobacco product itself. Cigarettes with a diameter of less than 7.5 mm shall be deemed to be misleading.
Amendment 335 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 336 #
2012/0366(COD)
Proposal for a directive
Article 13
Article 13
Amendment 365 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 2 – point j
Article 14 – paragraph 2 – point j
(j) the identity of all purchasers from manufacturing to the first retail outletcustomer;
Amendment 366 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 2 – point k
Article 14 – paragraph 2 – point k
(k) the invoice, order number and payment records of all purchasers from manufacturing to the first retail outletcustomer.
Amendment 367 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 3
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.
Amendment 368 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 4
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.
Amendment 374 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 10
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.
Amendment 409 #
2012/0366(COD)
Proposal for a directive
Article 18
Article 18
Amendment 475 #
2012/0366(COD)
Proposal for a directive
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) tobacco productscigarettes and roll-your-own tobacco;
Amendment 478 #
2012/0366(COD)
Proposal for a directive
Article 26 – paragraph 1 b (new)
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).
Amendment 479 #
2012/0366(COD)
Proposal for a directive
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
Amendment 29 #
2012/0180(COD)
Proposal for a directive
Recital 3
Recital 3
Amendment 64 #
2012/0180(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
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;
Amendment 67 #
2012/0180(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) ‘'member of a collecting society’' means a rightholder or an entity directly representing rightholders, including other collecting societieve management organisations and associations of rightholders, fulfilling the membership requirements of the collecting societyve management organisation, regardless of its legal form;
Amendment 69 #
2012/0180(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘rights revenue’ means income collected by a collecting societyve management organisation on behalf of rightholders, whether from an exclusive right, a right to remuneration or a right to compensation, and including any income derived from the investments of rights revenue;
Amendment 71 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Rightholders shall have the right to authorise a collecting societyve management organisation of their choice to manage the rights, categories of rights, 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.
Amendment 85 #
2012/0180(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Collecting societies shall accept rightholders as members if they fulfil the membership requirements. 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.
Amendment 89 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1
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.
Amendment 98 #
2012/0180(COD)
Proposal for a directive
Article 8 – paragraph 2 a (new)
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.
Amendment 109 #
2012/0180(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that the collecting society regularly and diligently distributes and pays amounts due to all rightholders it represents. 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.
Amendment 112 #
2012/0180(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where the amounts due to rightholders cannot be distributed, after fivthree years from the end of the financial year in which the collection of the rights revenue occurred, and provided that the collecting society has taken all necessary measures to identify and locate the rightholders, the collecting society shall decide on the use of the amounts concerned in accordance with Article 7(5)(b), without prejudice to the right of the rightholder to claim such amounts from the collecting society.
Amendment 114 #
2012/0180(COD)
Proposal for a directive
Article 12 – paragraph 3
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.
Amendment 116 #
2012/0180(COD)
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
Licensing terms shall be based ontake into account objective criteria, in particular in relation to tariffs.
Amendment 119 #
2012/0180(COD)
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
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.
Amendment 126 #
2012/0180(COD)
Proposal for a directive
Article 15 a (new)
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.
Amendment 135 #
2012/0180(COD)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
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:
Amendment 141 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. Member States shall ensure that a collectingve management society makes public the following information:
Amendment 142 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. Member States shall ensure that a collecting societyve management organisation makes public the following information preferably through publicly accessible and searchable interfaces:
Amendment 155 #
2012/0180(COD)
Proposal for a directive
Article 28 – paragraph 3 a (new)
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.
Amendment 159 #
2012/0180(COD)
Proposal for a directive
Article 33 – paragraph 1
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.
Amendment 163 #
2012/0180(COD)
Proposal for a directive
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
1a. The administrative costs of seeking recourse to such a dispute resolution shall be reasonable.
Amendment 63 #
2012/0146(COD)
Proposal for a regulation
Recital 22
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.
Amendment 69 #
2012/0146(COD)
Proposal for a regulation
Recital 22
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.
Amendment 75 #
2012/0146(COD)
Proposal for a regulation
Article 1 – paragraph 1
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.
Amendment 76 #
2012/0146(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation establishes a legal framework for electronic signatures, electronic seals, electronic time stamps, electronic documents, and electronic delivery services and website authentication.
Amendment 78 #
2012/0146(COD)
Proposal for a regulation
Article 1 – paragraph 4
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.
Amendment 80 #
2012/0146(COD)
Proposal for a regulation
Article 2 – paragraph 1
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.
Amendment 82 #
2012/0146(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Regulation does not apply to the provision of electronic trust services based 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.
Amendment 86 #
2012/0146(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
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;
Amendment 93 #
2012/0146(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12
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;
Amendment 96 #
2012/0146(COD)
Proposal for a regulation
Article 1 – paragraph 1
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.
Amendment 97 #
2012/0146(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 30
Article 3 – paragraph 1 – point 30
Amendment 99 #
2012/0146(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation establishes a legal framework for electronic signatures, electronic seals, electronic time stamps, electronic documents, and electronic delivery services and website authentication.
Amendment 100 #
2012/0146(COD)
Proposal for a regulation
Article 1 – paragraph 4
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.
Amendment 101 #
2012/0146(COD)
Proposal for a regulation
Article 2 – paragraph 1
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.
Amendment 102 #
2012/0146(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
When an electronic identification using an electronic identification means and authentication is required under 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.
Amendment 104 #
2012/0146(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Regulation does not apply to the provision of electronic trust services based 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.
Amendment 107 #
2012/0146(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
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;
Amendment 109 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 1
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;
Amendment 110 #
2012/0146(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
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;
Amendment 112 #
2012/0146(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
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;
Amendment 113 #
2012/0146(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e – introductory part
Article 6 – paragraph 1 – point e – introductory part
(e) the notifying Member State takes liability forensures:
Amendment 114 #
2012/0146(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e – point i
Article 6 – paragraph 1 – point e – point i
(i) the unambiguous attribution of the person identification data referred to in point (c), and
Amendment 119 #
2012/0146(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) a description of the notified electronic identification scheme and its security assurance level;
Amendment 120 #
2012/0146(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) information on by whomich entity the registration of the unambiguous person identifiers is managed;
Amendment 122 #
2012/0146(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) a description of the authentication possibility and any technical requirements imposed on relying parties;
Amendment 125 #
2012/0146(COD)
Proposal for a regulation
Article 7 – paragraph 2
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.
Amendment 127 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 12
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;
Amendment 127 #
2012/0146(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Amendment 131 #
2012/0146(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
Coordination Interoperability and coordination
Amendment 136 #
2012/0146(COD)
Proposal for a regulation
Article 8 – paragraph 3
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.
Amendment 137 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 30
Article 3 – point 30
Amendment 139 #
2012/0146(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 143 #
2012/0146(COD)
Proposal for a regulation
Article 9 – paragraph 2 - subparagraph 1
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.
Amendment 145 #
2012/0146(COD)
Proposal for a regulation
Article 5
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.
Amendment 146 #
2012/0146(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Amendment 147 #
2012/0146(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Qualified trust services and qualified certificates provided by qualified trust service providers established in a third country shall be accepted as 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.
Amendment 154 #
2012/0146(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
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;
Amendment 156 #
2012/0146(COD)
Proposal for a regulation
Article 11 – paragraph 4 a (new)
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.
Amendment 160 #
2012/0146(COD)
Proposal for a regulation
Article 12
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.
Amendment 161 #
2012/0146(COD)
Proposal for a regulation
Article 13 – paragraph 1
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.
Amendment 162 #
2012/0146(COD)
Proposal for a regulation
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. The supervisory body shall be responsible for the performance ofperform the following tasks:
Amendment 163 #
2012/0146(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point a
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;
Amendment 164 #
2012/0146(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
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;
Amendment 165 #
2012/0146(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
Amendment 166 #
2012/0146(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point c
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.
Amendment 167 #
2012/0146(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point c
Article 13 – paragraph 3 – point c
Amendment 168 #
2012/0146(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
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;
Amendment 168 #
2012/0146(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 172 #
2012/0146(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e – introductory part
Article 6 – paragraph 1 – point e – introductory part
(e) the notifying Member State takes liability forensures:
Amendment 172 #
2012/0146(COD)
Proposal for a regulation
Article 13 – paragraph 6
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).
Amendment 174 #
2012/0146(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e – point i
Article 6 – paragraph 1 – point e – point i
(i) the unambiguous attribution of the person identification data referred to in point (c), and
Amendment 174 #
2012/0146(COD)
Proposal for a regulation
Article 14 – paragraph 1
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.
Amendment 175 #
2012/0146(COD)
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
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:
Amendment 176 #
2012/0146(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b
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.
Amendment 178 #
2012/0146(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) a description of the notified electronic identification scheme and its security assurance level;
Amendment 179 #
2012/0146(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1
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.
Amendment 180 #
2012/0146(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2
Article 14 – paragraph 3 – subparagraph 2
Amendment 181 #
2012/0146(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 183 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
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.
Amendment 184 #
2012/0146(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) information on by whomwhich entity the registration of the unambiguous person identifiers is managed;
Amendment 184 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
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.
Amendment 185 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
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.
Amendment 186 #
2012/0146(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) a description of the authentication possibility and any technical requirements imposed on relying parties;
Amendment 186 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
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).
Amendment 188 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 3
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.
Amendment 189 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 4
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.
Amendment 190 #
2012/0146(COD)
Proposal for a regulation
Article 7 – paragraph 2
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.
Amendment 190 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
Amendment 191 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 6
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).
Amendment 193 #
2012/0146(COD)
Proposal for a regulation
Article 7 a (new)
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.
Amendment 194 #
2012/0146(COD)
Proposal for a regulation
Article 16 – paragraph 1
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.
Amendment 195 #
Amendment 195 #
2012/0146(COD)
Proposal for a regulation
Article 16 – paragraph 2
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.
Amendment 197 #
2012/0146(COD)
Proposal for a regulation
Article 16 – paragraph 3
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.
Amendment 199 #
2012/0146(COD)
Proposal for a regulation
Article 16 – paragraph 6
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).
Amendment 202 #
2012/0146(COD)
Proposal for a regulation
Article 17 – paragraph 1
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.
Amendment 204 #
2012/0146(COD)
Proposal for a regulation
Article 8 – paragraph 3
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)
Amendment 205 #
2012/0146(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 205 #
2012/0146(COD)
Proposal for a regulation
Article 17 – paragraph 2
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.
Amendment 206 #
2012/0146(COD)
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1
Article 17 – paragraph 3 – subparagraph 1
Amendment 210 #
2012/0146(COD)
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 2
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.
Amendment 211 #
2012/0146(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
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.
Amendment 211 #
2012/0146(COD)
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 3
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.
Amendment 212 #
2012/0146(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 214 #
2012/0146(COD)
Proposal for a regulation
Article 17 – paragraph 5
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).
Amendment 216 #
2012/0146(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Amendment 216 #
2012/0146(COD)
Proposal for a regulation
Article 18 – paragraph 2
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.
Amendment 217 #
2012/0146(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Qualified trust services and qualified certificates provided by qualified trust service providers established in a third country shall be accepted as 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.
Amendment 217 #
2012/0146(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 218 #
2012/0146(COD)
Proposal for a regulation
Article 18 – paragraph 6
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).
Amendment 219 #
2012/0146(COD)
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
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.
Amendment 220 #
2012/0146(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point b
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;
Amendment 222 #
2012/0146(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point d
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;
Amendment 223 #
2012/0146(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point e – introductory part
Article 19 – paragraph 2 – point e – introductory part
(e) use trustworthy systems to store data provided to them, in a verifiable form so that:
Amendment 225 #
2012/0146(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point e – indent 1
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,
Amendment 226 #
2012/0146(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point g
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;
Amendment 227 #
2012/0146(COD)
Proposal for a regulation
Article 11 – paragraph 4 a (new)
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.
Amendment 228 #
2012/0146(COD)
Proposal for a regulation
Article 19 – paragraph 3
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.
Amendment 229 #
2012/0146(COD)
Proposal for a regulation
Article 19 – paragraph 4
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.
Amendment 230 #
2012/0146(COD)
Proposal for a regulation
Article 12
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.
Amendment 231 #
2012/0146(COD)
Proposal for a regulation
Article 19 – paragraph 5
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.
Amendment 232 #
2012/0146(COD)
Proposal for a regulation
Article 13 – paragraph 1
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.
Amendment 235 #
2012/0146(COD)
Proposal for a regulation
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. The supervisory body shall be responsible for the performance ofperform the following tasks:
Amendment 235 #
2012/0146(COD)
Proposal for a regulation
Article 20 – paragraph 2
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;
Amendment 236 #
2012/0146(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point a
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;
Amendment 239 #
2012/0146(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
Amendment 239 #
2012/0146(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 244 #
2012/0146(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. If an electronic signature with a security assurance level below qualified electronic signature is 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.
Amendment 245 #
2012/0146(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point c
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.
Amendment 245 #
2012/0146(COD)
Proposal for a regulation
Article 20 – paragraph 6
Article 20 – paragraph 6
Amendment 247 #
2012/0146(COD)
Proposal for a regulation
Article 20 – paragraph 7
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.
Amendment 248 #
2012/0146(COD)
Proposal for a regulation
Article 21 – paragraph 2
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.
Amendment 249 #
2012/0146(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
Amendment 251 #
2012/0146(COD)
Proposal for a regulation
Article 21 – paragraph 5
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.
Amendment 253 #
2012/0146(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point c
Article 13 – paragraph 3 – point c
Amendment 255 #
2012/0146(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 256 #
2012/0146(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
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.
Amendment 259 #
2012/0146(COD)
Proposal for a regulation
Article 13 – paragraph 6
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).
Amendment 261 #
2012/0146(COD)
Proposal for a regulation
Article 14 – paragraph 1
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.
Amendment 263 #
2012/0146(COD)
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
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:
Amendment 264 #
2012/0146(COD)
Proposal for a regulation
Article 28 – paragraph 2
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.
Amendment 267 #
2012/0146(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b
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.
Amendment 267 #
2012/0146(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. A qualified electronic seal shall be recognised and accepted in all Member States.
Amendment 270 #
2012/0146(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1
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.
Amendment 270 #
2012/0146(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. If an electronic seal security assurance level below the qualified electronic seal is 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.
Amendment 271 #
2012/0146(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2
Article 14 – paragraph 3 – subparagraph 2
Amendment 272 #
2012/0146(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 272 #
2012/0146(COD)
Proposal for a regulation
Article 28 – paragraph 5
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.
Amendment 273 #
2012/0146(COD)
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
Amendment 275 #
2012/0146(COD)
Proposal for a regulation
Article 28 – paragraph 7
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.
Amendment 276 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
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.
Amendment 276 #
2012/0146(COD)
Proposal for a regulation
Article 29 – paragraph 2
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.
Amendment 279 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
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.
Amendment 284 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
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.
Amendment 286 #
2012/0146(COD)
Proposal for a regulation
Article 34 – paragraph 1
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.
Amendment 287 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
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).
Amendment 289 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 3
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.
Amendment 290 #
2012/0146(COD)
Proposal for a regulation
Article 34 – paragraph 2
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.
Amendment 293 #
2012/0146(COD)
Proposal for a regulation
Article 34 – paragraph 3
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.
Amendment 296 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 4
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.
Amendment 299 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
Amendment 302 #
2012/0146(COD)
Proposal for a regulation
Chapter 3 – section 8 - Title
Chapter 3 – section 8 - Title
Website authentication deleted
Amendment 303 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 6
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).
Amendment 303 #
2012/0146(COD)
Proposal for a regulation
Article 37
Article 37
Amendment 305 #
2012/0146(COD)
Proposal for a regulation
Article 16 – paragraph 1
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.
Amendment 309 #
2012/0146(COD)
Proposal for a regulation
Annex 1 – paragraph 1 – point c a (new)
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;
Amendment 310 #
2012/0146(COD)
Proposal for a regulation
Article 16 – paragraph 2
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.
Amendment 311 #
2012/0146(COD)
Proposal for a regulation
Annex 4
Annex 4
Amendment 313 #
2012/0146(COD)
Proposal for a regulation
Article 16 – paragraph 3
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.
Amendment 319 #
2012/0146(COD)
Proposal for a regulation
Article 16 – paragraph 6
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).
Amendment 322 #
2012/0146(COD)
Proposal for a regulation
Article 17 – paragraph 1
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.
Amendment 324 #
2012/0146(COD)
Proposal for a regulation
Article 17 – paragraph 2
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.
Amendment 327 #
2012/0146(COD)
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1
Article 17 – paragraph 3 – subparagraph 1
Amendment 330 #
2012/0146(COD)
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 2
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.
Amendment 332 #
2012/0146(COD)
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 3
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.
Amendment 333 #
2012/0146(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 336 #
2012/0146(COD)
Proposal for a regulation
Article 17 – paragraph 5
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).
Amendment 338 #
2012/0146(COD)
Proposal for a regulation
Article 18 – paragraph 2
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.
Amendment 339 #
2012/0146(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 340 #
2012/0146(COD)
Proposal for a regulation
Article 18 – paragraph 6
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).
Amendment 342 #
2012/0146(COD)
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
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.
Amendment 343 #
2012/0146(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point b
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;
Amendment 345 #
2012/0146(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point d
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;
Amendment 346 #
2012/0146(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point e – introductory part
Article 19 – paragraph 2 – point e – introductory part
(e) use trustworthy systems to store data provided to them, in a verifiable form so that:
Amendment 347 #
2012/0146(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point e – indent 1
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