995 Amendments of Frank ENGEL
Amendment 29 #
2018/2107(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. 6 a. Stresses the importance of capacity building in the beneficiary countries to reduce supply-side constraints on diversification and preference usage; calls for measures under Aid-for-Trade to be more effectively used in this regard;
Amendment 45 #
2018/2103(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas there is a risk that the increased levels of racial or gender-based hatred and violence and xenophobia, whether expressed in the form of hate crimes, fake news, anonymous messages spread on social networks and other internet platforms, protests or political propaganda, are starting to be seen as normal in the Member States;
Amendment 63 #
2018/2103(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas in its resolutions and reports Parliament has repeatedly urged the Member States to implement the appropriate policies to ensure that people with disabilities, the elderly and the most vulnerable in society may fully enjoy their social, political and economic rights.
Amendment 97 #
2018/2103(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls in this regard on EU Member States to consider six main areas of intervention to step up their commitment to safeguarding the dignity and rights of women and girls, as suggested in the FRA report: empowering equality bodies to deal with the entire range of issues that impacts on women’s rights, from gender equality to violence against women; improving safety online; promoting gender equality in education and life-long learning more effectively; introducing gender quotas as a bold step towards positive action; mainstreaming gender equality in the coordination of economic policies across the EU through the European Semester; improving data collection and dissemination of knowledge on all forms of discrimination and violence against women and girls;
Amendment 115 #
2018/2103(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Expresses concern about the risk of misogyny in European societies and its impact on women’s fundamental rights in all spheres of life; calls on Member States to address the key obstacles to gender equality in economic empowerment and political participation, including sexual harassment which hampers women’s full participation in the labour market; highlights the fact that gender stereotypes must be tackled from an early age to effectively address the under- representation of women in work, decision making and politics; calls on Member States to appropriately address this issue in school curricula;
Amendment 122 #
2018/2103(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Encourages EU Member States to take effective steps to respect and protect women’s sexual and reproductive rights, including a range of civil, political, economic, social and culturalrights; acknowledges that women’s sexual and reproductive health is linked to many human rights, including the rights to life, to health, to be free from torture and ill-treatment, to privacy, equality and non-discriminationhe right not to be subjected to torture, the right to health, the right to privacy, the right to education and the prohibition of discrimination; stresses, in this regard, that persons with disabilities are entitled to enjoy all their fundamental rights on an equal basis with others; recalls that Member States have the obligation, under international human rights law, to provide all women with accessible, affordable, good quality sexual and reproducccess to preventive health care and services; notes that this should include the elimination of laws, policies and practices that infringe upon these rights as well as the prevention of the erosion of existing protection; insists that the Union must play a role in raising awareness about and promoting best practices on this issue, including in the context of the EU Health Strategy, while respecting the competences of the Member States, given that health is a fundamental human right that is essential to the exercise of other human rights;
Amendment 127 #
2018/2103(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Member States to exchange best practices and to provide regular training for police and judicial staff on all forms of violence against women;
Amendment 156 #
2018/2103(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Member States to undertake adequate measures safeguarding and promoting a pluralist, independent and free media; Calls on the Commission and the Member States to implement legislative frameworks in order to avoid concentration of ownerships in the media sector;
Amendment 161 #
2018/2103(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Expresses its concern that few specific legal provisions to ensure the protection of media actors from violence, threats and pressures can be identified at national level in EU Member States; expresses its concern over the precarious working conditions for journalists and the amount of psychological violence they witness, which compromises their ability to work appropriately and thus hampers media freedom; expresses its deep concern about deadly attacks still being committed against journalists in the Member States; urges the law enforcement national authorities to take all the measures to prevent such violence and further cooperate with EUROPOL, to accelerate investigations on the deaths of journalists in the European Union;
Amendment 181 #
2018/2103(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expresses concerns about the obstacles to the work of human rights defenders, including civil society organisations active in the field of fundamental rights and democracy; recognises the key role of these organisations in making fundamental rights and values a reality for everyone and stresses that they should be able to carry out their work in a safe and well-supported environment; is concerned by the closing down of civil society space; reiterates the need for a dedicated funding, as outlined in the European Parliament’s resolution on establishing European Values Instrument (EVI), to provide support to CSOs engaged in promoting fundamental values in the European Union; calls on the EU and the Member States to address proactively the root causes of shrinking civil society space and to uphold their fundamental rights;
Amendment 210 #
2018/2103(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that purposeful dissemination of false information about any category of persons living in the EU, the rule of law or fundamental rights represents an immense threat to the EU’s democratic values and unity;
Amendment 214 #
2018/2103(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Points out that social media and the anonymity guaranteed by many different media platforms encourage the expression of hatred – including far-right and jihadist extremism – in many different ways, and emphasises that the internet must not be a lawless area;
Amendment 253 #
2018/2103(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Deplores the fact that in 2017, LGBTI people were still victims of discrimination and hatred and encourages the Member States to adopt laws and policies to combat homophobia and transphobia; calls on the Member States to update their criminal codes accordingly to the Council Directive 2000/78/EC Establishing a general framework for equal treatment in employment and occupation and the Council Directive 2000/43/EC which implement the principle of equal treatment between persons irrespective of racial or ethnic origin, homosexuality and disabilities should be found in every catalogue of features protected against discrimination;
Amendment 274 #
2018/2103(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Affirms that the separation of powers and the independence of the judiciary are essential to ensure the effective functioning of the rule of law in any society; recalls that this concept is enshrined in the 1948 Universal Declaration of Human Rights, in the principles of equality before the law, the presumption of innocence and the right to a fair and public hearing by a competent, independent and impartial tribunal established before the law; these fundamental values were the inspiration for the introductory articles of the European Treaties, which every Member State has willingly endorsed and committed themselves to respecting;
Amendment 295 #
2018/2103(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls that, in accordance with Article 17(1) of the TEU, the Commission, as guardian of the Treaties, has the legitimacy and authority to ensure that all Member States are upholding the principles of the rule of law and the other values referred to in Article 2 of the TEU; insists that Article 7 of the TEU should be employed if all other remedies have failed;
Amendment 297 #
2018/2103(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Notes the Commission's and the Council's efforts to ensure that all Member States fully uphold the rule of law, but also the limited impact of the procedures regarding the art. 7(1) TEU; considers that all legal steps, taken thus far, in the scope of art. 7(1), are insufficient and has not brought any tangible results on the general situation of the rule of law in the Union; calls on the Council to start, without further delay, the necessary proceedings to determine whether there is an existence of a clear risk of a serious breach of the values on which the Union is founded in the Member States concerned;
Amendment 313 #
2018/2103(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Shares the view that any rule of law assessment should be based on solid, objective and comparable data and analysis; Wrecalls that fundamental rights should be included as part of the impact assessment for all legislative proposals; welcomes in this regard the FRA’s new European Union Fundamental Rights Information System (EFRIS), which will bring together all existing information relevant to fundamental rights delivered under the different mechanisms at UN, Council of Europe and EU level;
Amendment 319 #
2018/2103(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Recalls the intrinsic link that exists between the rule of law and fundamental rights; notes the strong mobilisation of EU citizens through which they show their strong commitment to fundamental rights and European values; recalls, in this context, the need to make all Europeans more aware of the EU’s common values and the Charter;
Amendment 321 #
2018/2103(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses that corruption is a serious threat to democracy, rule of law and fundamental rights; reiterates that corruption poses a threat to good governance and the economic development; calls on the Member States and the EU institutions to fight corruption and to devise effective instruments for combating fraud;
Amendment 326 #
2018/2103(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Calls, to that end, on the Member States and the EU institutions to facilitate the rapid establishment of the European Public Prosecutor's Office, thus providing appropriate guarantees of the anti- corruption strategy; Calls, therefore, on the remaining Member States to join the European Public Prosecutor's Office;
Amendment 330 #
2018/2103(INI)
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21c. Highlights the importance of the freedom of movement and residence of European citizens and their families, as one of the most important fundamental values for our citizens;
Amendment 335 #
2018/2103(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Expresses concern about persistent fundamental rights challenges in the area of migration, with regard to access to territory, reception conditions, asylum procedures, immigration detention and protection of unaccompanied childrenand underlines the importance of Member States complying with and fully transposing the common asylum package adopted by the Union and common legislation on migration with a view to improving reception conditions, asylum procedures, immigration detention and protection of unaccompanied children; points out that almost a third of asylum seekers are children and are particularly vulnerable; calls on the EU and its Member States to step up their efforts to prevent unaccompanied minors from going missing;
Amendment 343 #
2018/2103(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Recalls, that all the Member States are signatories to Geneva Conventions, and are therefore obliged to ensure that all Its provisions are respected, regardless of the circumstances.
Amendment 350 #
2018/2103(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on Member States to introduce specific safeguards to guarantee that the interoperability of large-scale IT systems does not lead to adverse effects on the rights of children or vulnerable persons, such as applicants for and beneficiaries of international protection, or to discriminatory profiling; calls on Member States to ensure that the implementation of interoperability aims at fulfilling a child protection objective, such as identifying missing children and assisting family reunificatio; calls on Member States to ensure that interoperability systems can contribute to the identification of missing children;
Amendment 357 #
2018/2103(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Emphasises that the EU and the Member States should develop credible and effective systems that would make it unnecessary to detain children for asylum or return purposes; stresses the importance of taking the principle of the best interests of the child into consideraCalls for specific procedures to be developed and put in place with a view to ensuring that all children are protected, in line with the UN Convention ion all aspects concerning children as well as of the practical implementation of the right to be heard; recalls that Article 14 of the EU Charter of Fundamental Rights and Article 28 of the United Nations Conventions on the Rights of the Child guarantee the right to education to every child, including migrant and refugee children, both unaccompanied and accompanied and avoiding separated schooling and segregation; stresses that Member States should ensure that migrant and refugee children are effectively supported through linguistic, social and psychological support basethe Rights of the Child; points out that, as a matter of priority, measures need to be taken in all the Member States with a view to giving all children, asylum seekers, refugees and migrants access to adequate and dignified reception conditions, language courses, a grounding in intercultural dialogue and oan individual assessment of their needseducation;
Amendment 366 #
2018/2103(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Acknowledges, that while there may be indications that an asylum procedure is lengthy, determining the appropriate time of such a procedure seems almost impossible. The right to good administration and to a fair hearing within a reasonable time is infringed by asylum procedures leaving an asylum seeker in a state of prolonged uncertainty and limbo. On the other hand, extremely truncated procedures may violate the individual’s right of access to asylum and to an effective remedy; Calls therefore on Member States to accelerate the procedures, while keeping all the necessary security safeguards, in order not to detain migrants more than it is necessary, since it has a negative impact on their following integration process;
Amendment 375 #
2018/2103(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that Member States should consider putting into place a combination of protection-related schemes, such as resettlement and humanitarian admission, and regular mobility schemes to promote legal pathways to the EU for persons in need of protection such as resettlement; recalls that any action undertaken by a Member State, when acting within the scope of EU law, must respect the rights and principles of the EU Charter of Fundamental Rights; calls on EU Member States to effectively ensure the right to asylum and to accept relocation of refugees from Member States most affected by high numbers of arrivals; also calls on Member States to respect the principle of non-refoulement and introduce adequate procedural safeguards to their asylum and border procedures, including safeguards against collective expulsion;
Amendment 383 #
2018/2103(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 389 #
2018/2103(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Recalls the resolution adopted by the European Parliament on 5 July 2018 on guidelines for Member States to prevent humanitarian assistance from being criminalised;
Amendment 394 #
2018/2103(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 400 #
2018/2103(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Points out that one sole reception policy is not enough and the challenge facing the European Union is to establish an effective integration policy based on the sharing between Member States of good practices. Encourages, in that context, the development of European Integration Networks and the European Website on Integration.
Amendment 837 #
2018/0243(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. Multiannual programmes may provide for an amount of funds, not exceeding 5 % of the total amount, that is not allocated to a priority area or partner country or group of countries.Those funds shall be committed in accordance with Article 21.
Amendment 917 #
2018/0243(COD)
Proposal for a regulation
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
3 a. Before adopting action plans and measures not based on programming documents pursuant to Article 19(2), except for cases referred to in Article 19 (3) and (4), the Commission shall adopt a delegated act in accordance with Article 34 supplementing this Regulation by setting out the specific objectives to be pursued, the results expected, the instruments to be used, the main activities and the indicative financial allocations of these action plans and measures.
Amendment 37 #
2018/0166R(APP)
Draft opinion
Paragraph 4
Paragraph 4
4. Draws attention to the European Union's international commitments to increase its official development assistance to 0,7 % of GNI, including 0.20 % for the least developed countries (LDCs), by 2030 and to provide new and additional funding for climate action in developing countries; asserts that these commitments must be properly reflected in MFF 2021-2027;
Amendment 48 #
2018/0166R(APP)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the establishment of an instrument devoted to cooperation with the overseas countries and territories with the aim of bringing about their sustainable development and promoting the values and standards of the Union around the world; stresses, however, the need to endow this instrument with adequate financial resources with a breakdown which is better adapted to needs and more balanced among the various OCTs.
Amendment 15 #
2017/2258(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas there has been an exponential increase in development cooperation agreements with third countries including China, Russia, Turkey, Brazil and India;
Amendment 18 #
2017/2258(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. having regard to the real expectations of third-country governments when it comes to swift action, effectiveness and partnerships that are less conditional on political and socio- economic aspects, but better monitored while they are being implemented;
Amendment 20 #
2017/2258(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas, in the light of new approaches with a greater focus on sustainable development, there is an urgent need to maintain sound development cooperation partnerships with third countries;
Amendment 46 #
2017/2258(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. NotesWelcomes the fact that evaluations carried out on the Development Cooperation Instrument (DCI), the EDF and the Humanitarian Aid Instrument (HAI) show that these instruments’ objectives were largely relevant to the policy priorities at the time of their design and that they are generally fit for purpose and aligned with the values and objectives of the SDGs;
Amendment 57 #
2017/2258(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that there are cases wherein which budget support has proved to be inefficient and/or has not led to strengthened policy dialogue at country level, and calls for better monitoring of this kis still criticised with regard to its appropriateness and efficiency, when it is actually a form of support that corresponds to a modern concept of cooperation that fits in very well with genuine development partnerships; calls, therefore, for action to be taken to strengthen the political and institutional partnership that promotes the granting of budget support while insistindg of aidn effective economic governance;
Amendment 72 #
2017/2258(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Is satisfied with the simplification, harmonisation and broader implementation modalities introduced in Regulation 236/2014 on common rules for the implementation of the EFIs, which has brought about more effectiveness in the DCI; notes, however,is extremely concerned about the fact that the implementation procedures, some of them originating from the Financial Regulation, are still perceived as lengthy and burdensome, which discredits the EU and increases the appeal of approaches seen as relying to a much smaller extent on formalities and conditions, such as those employed by China, Russia, Turkey, Brazil and India;
Amendment 112 #
2017/2258(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that the DCI, the EDF and the HAI should be implemented in the light of the new international and EU policy framework, including the 2030 Agenda for Sustainable Development, the Paris Agreement on Climate Change, the Addis Ababa Action Agenda, the Agenda for Humanity, the next Forum on China- Africa Cooperation (FOCAC) meeting in 2018, the Global Strategy for the European Union’s Foreign and Security Policy, the European Consensus on Humanitarian Aid and the new European Consensus on Development;
Amendment 132 #
2017/2258(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 138 #
2017/2258(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Warns against abusive recourse to trust funds which endangers the readability and uniqueness of European development cooperation policy; is concerned at the fact that contributions from Member States and other donors to trust funds have been below expectations, with negative consequences for their effectiveness, making them appear as window dressing devoid of substance;
Amendment 168 #
2017/2258(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Stresses the positive image that the international community has of the EU as a cooperative global actor, which, however, risks being tainted by red tape and bureaucratic delays; is of the view that this greatly contributes to the EU’s soft power in international relations, which calls for a strong and autonomous development policy after 2020 with differentiated development instruments;
Amendment 22 #
2017/2256(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas incentives for Member States to adopt measures to re-establish the proper functioning of the Schengen area depend mainly on the non-renewal of border control requests;
Amendment 29 #
2017/2256(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the permanent reintroduction of border controls would have serious impacts on citizens’ lives and seriously undermine their trust in European integration; whereas Schengen countries would face tremendous direct operational and investment costs, with crippling effects on their economies; whereas the estimations of those costs alone amount to more than EUR 18 billion per year for cross-border workers, tourists, road freight transporters and public administrations; whereas cross-border regions are particularly affected;
Amendment 166 #
2017/2256(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Regrets and condemns the lack of political will of some governments to implement the measures necessary to the smooth functioning of the Schengen area.
Amendment 177 #
2017/2256(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Firmly insists that the Commission do not renew requests for derogation from Schengen if the Member State concerned has not implemented the recommendations addressed to it under the Schengen evaluation mechanism;
Amendment 181 #
2017/2256(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on all the Member States concerned to stop carrying out quasi- automatic bilateral checks and to implement fully the existing regulations and calls on the Commission to act decisively in matters of violations of commonly agreed rules by imposing proportionate and necessary measures on the Member States in question, in order to safeguard the interests of the other Member States and of the Union as a whole;
Amendment 57 #
2017/2131(INL)
Motion for a resolution
Annex I – point 10
Annex I – point 10
(10) In recent years the Hungarian Government has extensively used national consultations. On 27 April 2017, the Commission pointed out that the national consultation “Let’s stop Brussels” contained several claims and allegations which were factually incorrect or highly misleading. Nevertheless, the Hungarian Government subsequently continued to have recourse to similar consultations, such as in the case of the so-called “Soros plan” national consultation based again on false statements targeting particularly the person of George Soros and the EU, and inducing hatred towards migrants.
Amendment 81 #
2017/2131(INL)
Motion for a resolution
Annex I – point 18
Annex I – point 18
(18) In its report adopted on 27 March 2015, GRECO called for the establishment of codes of conduct for members of the Hungarian Parliament (MPs) concerning guidance for cases of conflicts of interest. Furthermore, MPs should also be obliged to report conflicts of interest in an ad hoc manner and this should be accompanied by a more robust obligation to submit asset declarations. This should also be accompanied by provisions that allow for sanctions for submitting inaccurate asset declarations. Moreover, the asset declarations should be made public online to allow for genuine popular oversight; standard electronic database should be put in place to allow for all declarations and modifications thereof to be accessible in a transparent manner.
Amendment 110 #
2017/2131(INL)
Motion for a resolution
Annex I – point 23 a (new)
Annex I – point 23 a (new)
(23a) In its 2017 report on press freedom the Freedom House raised serious concerns about the freedom of the press in Hungary. This is due to independent media being extorted from the market, partly through acquisition of regional newspapers by government-affiliated owners and creation of government friendly private outlets, as well as selective awarding of advertising contracts by government and state-owned companies, which results in depriving independent media outlets from income. The limited advertisement market and extensive government spending on social advertising encourages media to avoid controversial subjects to maintain good relations with public and private advertisers.
Amendment 111 #
2017/2131(INL)
Motion for a resolution
Annex I – point 23 b (new)
Annex I – point 23 b (new)
(23b) Both the Freedom House in its report of 2017 as well as Mertek Media Monitor observe that the government also seeks to control the media through selective allocation of radio broadcasting frequencies. This together with exerting their influence over public broadcasters and raising the profile of friendly private outlets deprives independent media from having a fair access to the market.
Amendment 116 #
2017/2131(INL)
Motion for a resolution
Annex I – point 25
Annex I – point 25
Amendment 124 #
2017/2131(INL)
Motion for a resolution
Annex I – point 27 a (new)
Annex I – point 27 a (new)
(27a) On 7 May 2018 the OSCE Representative on Freedom of the Media expressed major concern over the denial of accreditation to several independent journalists, which prevented them from reporting from the inaugural meeting of Hungary’s new parliament. It was further noted that such event should not be used as a tool to curb the content of critical reporting and that such practice sets a bad precedent for the new term of Hungary’s parliament.
Amendment 138 #
2017/2131(INL)
Motion for a resolution
Annex I – point 32
Annex I – point 32
(32) In February 2013, Hungary’s Constitutional Court ruled that the deregistration of recognised churches had been unconstitutional. Responding to the Constitutional Court’s decision, the Hungarian Parliament amended the Fundamental Law in March 2013. In June and September 2013, the Hungarian Parliament amended Act CCVI of 2011 to create a two-tiered classification consisting of “religious communities” and “incorporated churches”. In September 2013, the Hungarian Parliament also amended the Fundamental Law explicitly to grant itself the authority to select religious communities for “cooperation” with the state in the service of “public interest activities”, in practice giving itself a discretionary power to recognise a religious organisation, with a two-thirds vote, rather than relying on decisions of the administration or the courts.
Amendment 144 #
2017/2131(INL)
Motion for a resolution
Annex I – point 34
Annex I – point 34
(34) On 9 July 2014, the Council of Europe Commissioner for Human Rights indicated in his letter to the Hungarian authorities that he was concerned about the stigmatising rhetoric used by politicians questioning the legitimacy of NGO work in the context of audits which had been carried out by the Hungarian Government Control Office concerning NGOs which were operators and beneficiaries of the Norwegian Civil Fund. On 8-16 February 2016, the UN Special Rapporteur on the situation of human rights defenders visited Hungary and indicated in his report that significant challenges stem from the existing legal framework governing the exercise of fundamental freedoms, such as the rights to freedoms of opinion and expression, and of peaceful assembly and of association, and that legislation pertaining to national security and migration may also have a restrictive impact on the civil society environment.
Amendment 161 #
2017/2131(INL)
Motion for a resolution
Annex I – point 38
Annex I – point 38
(38) In February 2018, a legislative package consisting of three draft laws, also known as the “Stop-Soros Package” (T/19776, T/19775, T/19774), was presented by the Hungarian Government. On 14 February 2018, the President of the Conference of INGOs of the Council of Europe and President of the Expert Council on NGO Law made a statement indicating that the package does not comply with the freedom of association, particularly for NGOs which deal with migrants. On 15 February 2018, the Council of Europe Commissioner for Human Rights expressed similar concerns. In its concluding observations of 5 April 2018, the UN Human Rights Committee expressed concerns that by alluding to the “survival of the nation” and protection of citizens and culture, and by linking the work of NGOs to an alleged international conspiracy, the legislative package would stigmatise NGOs and curb their ability to carry out their important activities in support of human rights and, in particular, the rights of refugees, asylum seekers and migrants. It was further concerned that imposing restrictions on foreign funding directed to NGOs might be used to apply illegitimate pressure on them and to unjustifiably interfere with their activities. The legislative package will deprive NGOs of legal remedy to appeal against arbitrary decisions.
Amendment 93 #
2017/2125(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the implementation of Article 7 has little effect as a deterrent when the rule of law is threatened, and whereas there is an increase of cases of non-compliance with European values, and whereas the institutions need to consider other methods of sanctioning;
Amendment 125 #
2017/2125(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. Whereas the strong migratory pressure to which certain Member States have been subjected for several years requires real EU solidarity to put in place adequate reception structures for those most in need and vulnerable;
Amendment 153 #
2017/2125(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. Whereas deradicalisation and control measures on places of worship identified as subversive should be carried out more systematically to protect the most impressionable citizens, excluded from the school or professional system;
Amendment 197 #
2017/2125(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas all the recent reports by international and European agencies and organisations and by NGOs indicate many areas of progress, but nevertheless fundamental rights abuses are still being found in all Member States, in terms of discrimination against minorities, tolerated hate speech, detention conditions and decent living conditions for migrants;
Amendment 257 #
2017/2125(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the need for a regularly updated database for each Member State, bringing to light the violations of EU rights and values, under the responsibility of the Commission as guardian of the Treaties.
Amendment 449 #
2017/2125(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Insists on the importance of pursuing equality policies that enable all ethnic, cultural and religious minorities to enjoy their fundamental rights uncontested.
Amendment 476 #
2017/2125(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses that tolerance for the propagation of the rhetoric of hatred and fake news feeds populism and extremism, and that only systematic legal or criminal measures can halt this harmful trend.
Amendment 519 #
2017/2125(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Recalls and encourages the continuation of the numerous efforts made in the majority of Member States that for decades have been facing problems involving the integration of minorities and Roma, the welcoming of migrants and their living conditions and the dissemination of hate speech through the media, social networks and political discourse. These efforts must be stepped up to give the EU exemplary status as regards fundamental human rights and democracy, the foundations of its creation and evolution.
Amendment 12 #
2017/2083(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the ties between the European Union (EU) and African countries are historic and their destinies are intimately linked; whereas the EU is Africa’s main partner in the fields of economic activity and trade, as well as development, humanitarian aid and security; whereas political, economic and social situations in Africa have evolved considerably in recent years, and whereas other international players take up a position in Africa by adopting different attitudes from those held in Europe with regard to their policy of support for African states;
Amendment 28 #
2017/2083(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EU is a major guarantor oflong-standing partner for the security of the continent of Africa and whereas instability in Africa has a direct impact on stability in Europe;
Amendment 32 #
2017/2083(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the European Union, the African Union and other international players present in Africa, particularly China, should engage in a multilateral partnership for the development and stability of the African continent;
Amendment 38 #
2017/2083(INI)
Motion for a resolution
Recital G
Recital G
G. whereas demographic trends will have to be taken into account, bearing in mind that by 2050 Africa is expected to, according to some estimates, Africa could have a population of 2.5 billion, most of them young people;
Amendment 50 #
2017/2083(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that for more than 10 years, China has been asserting and strengthening its presence in Africa by establishing itself as the main partner of a number of African States, in the areas of infrastructure and foreign trade; also notes that structured cooperation between the EU, AU, China and other partners present in Africa could create new impetus for development in Africa
Amendment 38 #
2017/2005(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for a clear definition of CBs in a European Directive; insists that the definition for securities henceforth called ‘covered bonds’ must not fall below the standards currently set by Article 129 of the CRR including exposures to public undertakings in the meaning of article 8 of Council Regulation 3603/93; requests that securities incompatible with this definition but compatible with Article 52(4) of the UCITS Directive are properly defined in the same directive under a name clearly distinct from ‘covered bonds’; suggests that this name may be ‘European Secured Notes’; (ESNs);
Amendment 62 #
2017/0245(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) However, experience has shown that certain serious threats to public policy or internal security, such as cross-border terrorist threats or specific cases of secondary movements of irregular migrants within the Union that justified the reintroduction of border controls, may persist well beyond the above periods. It is therefore needed and justified to adjust the time limits applicable to the temporary reintroduction of border control to the current needsmake the renewal of derogations contingent upon the implementation of the measures recommended by the Commission to restore the proper functioning of the Schengen area, while ensuring that this measure is not abused and remains an exception, to be used only as a last resort. To that end, the general deadline applicable under Article 25 of the Schengen Borders Code should be extended to one year.
Amendment 71 #
2017/0245(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to guarantee that these internal border controls remain an exception, Member States should submit a risk assessment concerning the intended reintroduction of border control or prolongation thereof, as well as proof that the measures recommended by the Commission to restore the proper functioning of the Schengen area have been implemented. The risk assessment should, in particular, assess for how long the identified threat is expected to persist and which sections of the internal borders are affected, demonstrate that the prolongation of border controls is a last resort measure and explain how border control would help in addressing the identified threat. In case of internal border control going beyond six months, the risk assessment should also demonstrate retrospectively the efficiency of thef no detailed evidence of the actual effectiveness of reintroduced bordering controls in addressing the identified threat and explain in detail how each neighbouring Member State affected by such prolongation was consulted and involved in determining the least burdensome operational arrangements forthcoming, it should not be possible to extend controls.
Amendment 83 #
2017/0245(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The power of the Commission to issue an opinion under Article 27(4) of the Schengen Borders Code should be modified to reflect the new obligations on the Member States related to the risk assessment, including the cooperation with Member States concerned. When border control at internal borders is carried out for more than six months, the Commission should be obliged to issue an opinion on the basis of tangible evidence proving that the reintroduction of border controls is the most appropriate solution. Also the consultation procedure as provided for in Article 27(5) of the Schengen Borders Code should be modified in order to reflect the role of the Agencies (European Border and Coast Guard Agency and Europol) and focus on the practical implementation of different aspects of cooperation between the Member States, including the coordination, where appropriate, of different measures on both sides of the border.
Amendment 85 #
2017/0245(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to make the revised rules better adapted to the challenges related to persistent serious threats to public policy or internal security, a specific possibilitydefinition of what ‘persistent serious threats’ entail should be provided to. Any prolong internal border controls beyond one year. Such prolongation shoulation should go hand-in-hand with implementation of the Commission's recommendations for the proper functioning of the Schengen area and accompany commensurate exceptional national measures also taken within the territory to address the threat, such as a state of emergency. In any case, such a possibility should not lead to the further prolongation of temporary internal border controls beyond twoone years.
Amendment 109 #
2017/0245(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The Council, taking account of the Commission's opinion, may recommend such extraordinary further prolongation and where appropriate determine the conditions for cooperation between the Member States concerned, with a view to ensuring that it is an exceptional measure, in place only for as long as necessary and justified, and consistent with the measures also taken at the national level within the territory to address the same specific threat to public policy or internal security. The Council recommendation should be a prerequisite for any further prolongation beyond the period of one year and hence be of the same nature as the one already provided for in Article 29six months.
Amendment 120 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/399
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Where, in the area without internal border control, there is a duly proven serious threat to public policy or internal security in a Member State, that Member State may exceptionally reintroduce border control at all or specific parts of its internal borders for a limited period of up to 30 days, or for the foreseeable duration of the serious threat if its duration exceeds 30 days, but not exceeding six months. The scope and duration of the temporary reintroduction of border control at internal borders shall not exceed what is strictly necessary to respond to the serious threat.
Amendment 128 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/399
Article 25 – paragraph 3
Article 25 – paragraph 3
3. If the serious threat to public policy or internal security in the Member State concerned persists beyond the period provided for in paragraph 1 of this Article, that Member State may prolongrequest the prolongation of border control at its internal borders, taking account of the criteria referred to in Article 26 and in accordance with Article 27, on the same grounds as those referred to in paragraph 1 of this Article and, taking into account any new elements, for renewable periods corresponding to the foreseeable duration of the serious threat and not exceeding six months.
Amendment 134 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/399
Article 25 – paragraph 4 – subparagraph 2
Article 25 – paragraph 4 – subparagraph 2
Amendment 140 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Amendment 157 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point i Regulation (EU) 2016/399
Article 1 – paragraph 1 – point 2 – point i Regulation (EU) 2016/399
The risk assessment shall also contain a detailed report of the coordination which took place between the Member State concerned and the Member State or Member States with which it shares internal borders at which border control has been performed. The assessment shall also cover the implementation of any recommendations previously made by the Commission for carrying out border controls in accordance with the Schengen acquis.
Amendment 201 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/399
Article 27 a – paragraph 4
Article 27 a – paragraph 4
4. The Council, taking due account of the opinion of the Commission, may recommend that the Member State decide to further prolong border control at internal borders for a period of up to six months. That period may be prolonged, no more than three timesonce, for a further period of up to six months. In its recommendation, the Council shall at least indicate the information referred to in Article 27(1) (a) to (e). Where appropriate, it shall determine the conditions for cooperation between the Member States concerned.
Amendment 21 #
2017/0225(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The use of network and information systems by citizens, businesses and governments across the Union is now pervasive. Digitisation and connectivity are becoming core features in an ever growing number of products and services and with the advent of the Internet of Things (IoT) millions, if not billions, of connected digital devices are expected to be deployed across the EU during the next decade. While an increasing number of devices are connected to the Internet, security and resilience are not sufficiently built in by design, leading to insufficient cybersecurity. In this context, the limited use of certification leads to insufficient information for organisational and individual users about the cybersecurity features of ICT products and services, undermining trust in digital solutions. This ambition is at the heart of the European Commission’s reform agenda to achieve a digital single market as ICT networks provide the backbone for digital products and services which have the potential to support all aspects of our lives and drive Europe’s economic growth. To ensure that the objectives of digital single market are fully achieved the essential technology building blocks on which important areas such as eHealth, IoT, Artificial Intelligence, Quantum technology as well as intelligent transport system and advanced manufacturing rely must be in place.
Amendment 29 #
2017/0225(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In light of the increased cybersecurity challenges faced by the Union, there is a need for a comprehensive set of measures that would build on previous Union action and foster mutually reinforcing objectives. These include the need to further increase capabilities and preparedness of Member States and businesses, as well as to improve cooperation and coordination across Member States and EU institutions, agencies and bodies. Furthermore, given the borderless nature of cyber threats, there is a need to increase capabilities at Union level that could complement the action of Member States, in particular in the case of large scale cross-border cyber incidents and crises. Additional efforts are also needed to deliver a co-ordinated EU response and increase awareness of citizens and businesses on cybersecurity issues. Moreover, the trust in the digital single market should be further improved by offering transparent information on the level of security of ICT products and services. This can be facilitated by EU- wide certification providing common cybersecurity requirements and evaluation criteria across national markets and sectors. Alongside EU-wide certification, there is a range of voluntary measures widely accepted in the market place, depending on the product, service, use or standard; these measures as well as the industry bottom up approach, including the use of security-by-design, leveraging and contributing to international standards, should be encouraged.
Amendment 32 #
2017/0225(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Union has already taken important steps to ensure cybersecurity and increase trust in digital technologies. In 2013, an EU Cybersecurity Strategy was adopted to guide the Union’s policy response to cybersecurity threats and risks. In its effort to better protect Europeans online, in 2016 the Union adopted the first legislative act in the area of cybersecurity, the Directive (EU) 2016/1148 concerning measures for a high common level of security of network and information systems across the Union (the “NIS Directive”). The NIS Directive fulfils the digital single market strategy and together with other instruments, such as Directive establishing the European Electronic Communications Code, Regulation (EU) 2016/679 and Directive 2002/58/EC, puts in place requirements concerning national capabilities in the area of cybersecurity, established the first mechanisms to enhance strategic and operational cooperation between Member States, and introduced obligations concerning security measures and incident notifications across sectors which are vital for economy and society such as energy, transport, water, banking, financial market infrastructures, healthcare, digital infrastructure as well as key digital service providers (search engines, cloud computing services and online marketplaces). A key role was attributed to ENISA in supporting implementation of this Directive. In addition, effective fight against cybercrime is an important priority in the European Agenda on Security, contributing to the overall aim of achieving a high level of cybersecurity.
Amendment 38 #
2017/0225(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The underlying task of the Agency is to promote the consistent implementation of the relevant legal framework, in particular the effective implementation of the NIS Directive, Directive establishing the European Electronic Communications Code, Regulation (EU) 2016/679 and Directive 2002/58/EC, which is essential in order to increase cyber resilience. In view of the fast evolving cybersecurity threat landscape, it is clear that Member States must be supported by more comprehensive, cross-policy approach to building cyber resilience.
Amendment 41 #
2017/0225(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) To understand better the challenges in the field of cybersecurity, and with a view to providing strategic long term advice to Member States and Union institutions, the Agency needs to analyse current and emerging risks, incidents and vulnerabilities. For that purpose, the Agency should, in cooperation with Member States and, as appropriate, with statistical bodies and others, collect relevant information and perform analyses of emerging technologies and provide topic-specific assessments on expected societal, legal, economic and regulatory impacts of technological innovations on network and information security, in particular cybersecurity. The Agency should furthermore support Member States and Union institutions, agencies and bodies in identifying emerging trends and preventing problems related to cybersecurity, by performing analyses of threats and, incidents and vulnerabilities.
Amendment 47 #
2017/0225(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The Agency should encourage Member States and service providers to raise their general security standards so that all internet users can take the necessary steps to ensure their own personal cybersecurity. In particular, service providers and product manufacturers should withdraw or recycle products and services that do not meet cybersecurity standards. In cooperation with competent authorities, ENISA may disseminate information regarding the level of cybersecurity of the products and services offered in the internal market, and issue warnings targeting providers and manufacturers and requiring them to improve the security, including cybersecurity, of their products and services. The agency should work together with stakeholder towards developing a EU-wide approach to responsible vulnerabilities disclosure and should promote best practice in this area.
Amendment 50 #
2017/0225(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) The Agency should have a Permanent Stakeholders’ Group as an advisory body, to ensure regular dialogue with the private sector, consumers’ organisations and other relevant stakeholders. The Permanent Stakeholders’ Group, set up by the Management Board on a proposal by the Executive Director, should focus on issues relevant to stakeholders and bring them to the attention of the Agency. The composition of the Permanent Stakeholders Group and the tasks assigned to this Group, to be consulted in particular regarding the draft Work Programme, should ensure sufficient representation of stakeholders in the work of the Agency. Given the importance of certification requirements to ensure trust in IoT, the Commission will specifically consider implementing measures to ensure the pan-EU security standards harmonisation for IoT devices.
Amendment 51 #
2017/0225(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Currently, the cybersecurity certification of ICT products and services is used only to a limited extent. When it exists, it mostly occurs at Member State level or in the framework of industry driven schemes. In this context, a certificate issued by one national cybersecurity authority is not in principle recognised by other Member States. Companies thus may have to certify their products and services in several Member States where they operate, for example with a view to participating in national procurement procedures. Moreover, while new schemes are emerging, there seems to be no coherent and holistic approach with regard to horizontal cybersecurity issues, for instance in the field of the Internet of Things. Existing schemes present significant shortcomings and differences in terms of product coverage, levels of assurance, substantive criteria and actual utilisation. A case by case approach is required to ensure that services and products are subject to appropriate certification schemes. Additionally, a risk- based approach is needed for effective identification and mitigation of risks whilst acknowledging that a one size fits all scheme is not possible.
Amendment 57 #
2017/0225(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Recourse to European cybersecurity certification should remain voluntary, unless otherwise provided in Union or national legislation. After this initial stage, and depending on the maturity of implementation in the EU Member States and the criticality of a product or service, it is recognised that, in the future, potentially mandatory schemes for certain ICT products and services may begin to evolve in a phased approach for the future generations of technology and in response to the policy objectives of tomorrow. However, with a view to achieving the objectives of this Regulation and avoiding the fragmentation of the internal market, national cybersecurity certification schemes or procedures for the ICT products and services covered by a European cybersecurity certification scheme should cease to produce effects from the date established by the Commission by means of the implementing act. Moreover, Member States should not introduce new national certification schemes providing cybersecurity certification schemes for ICT products and services already covered by an existing European cybersecurity certification scheme.
Amendment 73 #
2017/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 2
Article 5 – paragraph 1 – point 2
2. assisting Member States to implement consistently the Union policy and law regarding cybersecurity notably in relation to Directive (EU) 2016/1148, Directive establishing the European Electronic Communications Code, Regulation (EU) 2016/679 and Directive2002/58/EC, including by means of opinions, guidelines, advice and best practices on topics such as risk management, incident reporting and information sharing, as well as facilitating the exchange of best practices between competent authorities in this regard;
Amendment 96 #
2017/0225(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The Management Board, acting on a proposal by the Executive Director, shall set up a Permanent Stakeholders’ Group composed of recognised experts representing the relevant stakeholders, such as the ICT industry, providers of electronic communications networks or services available to the public, consumer groups, the European standardisation organisations, academic experts in the cybersecurity, and representatives of competent authorities notified under [Directive establishing the European Electronic Communications Code] as well as of law enforcement and data protection supervisory authorities.
Amendment 100 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Following a request from the Commission, ENISA shall prepare a candidate European cybersecurity certification scheme which meets the requirements set out in Articles 45, 46 and 47 of this Regulation. Member States or the European Cybersecurity Certification Group (the ‘Group’) or the Permanent Stakeholders’ Group established under Article 5320 and 53 respectively may propose the preparation of a candidate European cybersecurity certification scheme to the Commission.
Amendment 102 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. When preparing candidate schemes referred to in paragraph 1 of this Article, ENISA shall consult all relevant stakeholders and closely cooperate with the Group. The and the Permanent Stakeholders’ Group. The Group and the Permanent Stakeholders’ Group shall provide ENISA with the assistance and expert advice required by ENISA in relation to the preparation of the candidate scheme, including by providing opinions where necessary. Where relevant, ENISA may in addition set up a certification stakeholder working group, composed of members of the Permanent Stakeholders’ Group and any other relevant stakeholders, to provide expert advice on areas covered by a specific candidate scheme.
Amendment 109 #
2017/0225(COD)
2. The assurance levels basic, substantial and high shall meet the following criteria respectively:refer to a certificate issued in the context of a European cybersecurity certification scheme, which provides a corresponding degree of confidence in the claimed or asserted cybersecurity qualities of an ICT product or service, and is characterised with reference to technical specifications, standards and procedures related thereto, including technical controls, the purpose of which is to decrease the risk of cybersecurity incidents; the assurance level shall be defined on a case by case basis.
Amendment 110 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point a
Article 46 – paragraph 2 – point a
Amendment 112 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point b
Article 46 – paragraph 2 – point b
Amendment 114 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point c
Article 46 – paragraph 2 – point c
Amendment 116 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point a a (new)
Article 47 – paragraph 1 – point a a (new)
(aa) the conformity assessment and auditing bodies
Amendment 117 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point l
Article 47 – paragraph 1 – point l
(l) identification of national cybersecurity certification schemes, pursuant to Article 49, covering the same type or categories of ICT products and services;
Amendment 121 #
2017/0225(COD)
Proposal for a regulation
Article 48 – paragraph 6
Article 48 – paragraph 6
6. Certificates shall be issued for a maximum period of three years and may be renewed, under the same conditions,determined on a case by case basis for each scheme and may be renewed provided that the relevant requirements continue to be met.
Amendment 161 #
2017/0003(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Member States should be allowed, within the limits of this Regulation, to maintain or introduce national provisions to further specify andEuropean Data Protection Board should, where necessary, issue guidance and opinions within the limits of this Regulation, to further clarify the application of the rules of this Regulation in order to ensure an effective application and interpretation of those rules. Therefore, the margin of discretion, which Member States hase guidance and opinions should take into account the dual objective inof this rRegard,ulation, therefore they should maintain a balance between the protection of private life and personal data and the free movement of electronic communications data.
Amendment 170 #
2017/0003(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) For the purpose of this Regulation, where the provider of an electronic communications service is not established in the Union, it shall designate a representative in the Union. The representative should be designated in writing. The representative may be the same as the one designated under Article 27 of Regulation (EU) 2016/679.
Amendment 173 #
2017/0003(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The services used for communications purposes, and the technical means of their delivery, have evolved considerably. End-users increasingly replace traditional voice telephony, text messages (SMS) and electronic mail conveyance services in favour of functionally equivalent online services such as Voice over IP, messaging services and web-based e-mail services. In order to ensure an effective and equal protection of end-users when using functionally equivalent services, this Regulation uses the definition of electronic communications services set forth in the [Directive of the European Parliament and of the Council establishing the European Electronic Communications Code24 ]. That definition encompasses not only internet access services and services consisting wholly or partly in the conveyance of signals but also interpersonal communications services, which may or may not be number-based, such as for example, Voice over IP, messaging services and web-based e-mail services. The protection of confidentiality of communications is crucial also as regards interpersonal communications services that are ancillary to another service; therefore, such type of services also having a communication functionality should be covered by this Regulation. _________________ 24 Commission proposal for a Directive of the European Parliament and of the Council establishing the European Electronic Communications Code (Recast) (COM/2016/0590 final - 2016/0288 (COD)).
Amendment 179 #
2017/0003(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 182 #
2017/0003(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi- private spaces such as ‘hotspots’ situated at different places within a city, department stores, shopping malls and hospitals. To the extent that those communications networks are provided to an undefined group of end-users, the confidentiality of the communications transmitted through such networks should be protected. The fact that wireless electronic communications services may be ancillary to other services should not stand in the way of ensuring the protection of confidentiality of communications data and application of this Regulation. Therefore, this Regulation should apply to electronic communications data using electronic communications services and public communications networks. It should apply to restricted-access services offered by social network services, such as user- created groups or private messaging, as long as the social network service as a whole is publicly available. In contrast, this Regulation should not apply to closed groups of end-users such as corporate networks, access to which is limited to members of the corporation.
Amendment 196 #
2017/0003(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Electronic communications data should be treated as confidential. This means that any interference with the transmission of electronic communications data, whether directly by human intervention or through the intermediation of automated processing by machines, without the consent of all the communicating parties should be prohibited. The prohibition of interception of communications data should apply during their conveyance, i.e. until. For non-real- time electronic communication such as email or messaging, the transmission starts with the submission of the content for delivery and finishes with the receipt of the content of the electronic communication by the service provider of the intended addresseerecipient. Interception of electronic communications data may occur, for example, when someone other than the communicating parties, listens to calls, reads, scans or stores the content of electronic communications, or the associated metadata for purposes other than the exchange of communications. Interception also occurs when third parties monitor websites visited, timing of the visits, interaction with others, etc., without the consent of the end-user concerned. As technology evolves, the technical ways to engage in interception have also increased. Such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas, such as the so-called IMSI (International Mobile Subscriber Identity) catchers, to programs and techniques that, for example, surreptitiously monitor browsing habits for the purpose of creating end-user profiles. Other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers, including browsing habits without the end-users’ consent.
Amendment 200 #
2017/0003(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The prohibition of storage of communications is not intended to prohibit any automatic, intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network. It should not prohibit either the processing of electronic communications data to ensure the security, confidentiality, integrity, availability, authenticity and continuity of the electronic communications services and networks, including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements, such as latency, jitter etc.
Amendment 212 #
2017/0003(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The processing of electronic communications data can be useful for businesses, consumers and society as a whole. Vis-à-vis Directive 2002/58/EC, this Regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata, based on end- users consent. However, end-users attach great importance to the confidentiality of their communications, including their online activities, and that they want to control the use of electronic communications data for purposes other than conveying the communication. Therefore, this Regulation should require providers of electronic communications services to obtain end-users’ consent to process electronic communications metadata, which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service. Location data that is generated other than in the context of providing electronic communications services should not be considered as metadata. Examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps; a graphical representation of data using colors to indicate the presence of individuals. To display the traffic movements in certain directions during a certain period of time, an identifier is necessary to link the positions of individuals at certain time intervals. This identifier would be missing if anonymous data were to be used and such movement could not be displayed. Such usage of electronic communications metadata could, for example, benefit public authorities and public transport operators to define where to develop new infrastructure, based on the usage of and pressure on the existing structure. Where a type of processing of electronic communications metadata, in particular using new technologies, As an exemption from obtaining end-user´s consent, the processing of metadata for purposes other thand taking into account the nature, scope, context and purposes ofhose for which they were initially collected should be allowed in cases where the processing, is likely to result in a high risk to the rights and freedoms of natural persons, a data protection impact assessment and, as the case may be, a conscompatible and is subject to specific safeguards, especially pseudonymisation as set forth in point (4) of Article 6 of Regulation (EU) 2016/679, as well as if it is necessary in accordance with Article 6 (1) (f) of Regultation of the supervisory authority should take place prior to the processing, in accordance with(EU) 2016/679 for the purpose of legitimate interest, provided that the data protection impact assessment was carried out, as prescribed in Articles 35 and 36 of Regulation (EU) 2016/679.
Amendment 222 #
2017/0003(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The content of electronic communications pertains to the essence of the fundamental right to respect for private and family life, home and communications protected under Article 7 of the Charter. Any interference with the content of electronic communications should be allowed only under very clear defined conditions, for specific purposes and be subject to adequate safeguards against abuse. This Regulation provides for the possibility of providers of electronic communications services to process electronic communications data in transit, with the informed consent of all the end- users concerned. For example, providers may offer services that entail the scanning of emails to remove certain pre-defined material. Given the sensitivity of the content of communications, this Regulation sets forth a presumption that the processing of such content data will result in high risks to the rights and freedoms of natural persons. When processing such type of data, the provider of the electronic communications service should always consult the supervisory authority prior to the processing. Such consultation should be in accordance with Article 36 (2) and (3) of Regulation (EU) 2016/679. The presumption does not encompass the processing of content data to provide a service requested by the end-user where the end-user has consented to such processing and it is carried out for the purposes and duration strictly necessary and proportionate for such service, for example text to voice service, organisation of the mailbox, calendar assistants or SPAM filter service. After electronic communications content has been sent by the end-user and received by the intended end-user or end-users, it may be recorded or stored by the end-user, end- users or by a third party entrusted by them to record or store such data. Any processing of such data must comply with Regulation (EU) 2016/679.
Amendment 227 #
2017/0003(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Terminal equipment of end-users of electronic communications networks and any information relating to the usage of such terminal equipment, whether in particular is stored in or emitted by such equipment, requested from or processed in order to enable it to connect to another device and or network equipment, are part of the private sphere of the end-users requiring protection under the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms. Given that such equipment contains or processes information that may reveal details of an individual’s emotional, political, social complexities, including the content of communications, pictures, the location of individuals by accessing the device’s GPS capabilities, contact lists, and other information already stored in the device, the information related to such equipment requires enhanced privacy protection. Furthermore, the so-called spyware, web bugs, hidden identifiers, tracking cookies and other similar unwanted tracking tools can enter end-user’s terminal equipment without their knowledge in order to gain access to information, to store hidden information and to trace the activities. Information related to the end-user’s device may also be collected remotely for the purpose of identification and tracking, using techniques such as the so-called ‘device fingerprinting’, often without the knowledge of the end-user, and may seriously intrude upon the privacy of these end-users. Techniques that surreptitiously monitor the actions of end-users, for example by tracking their activities online or the location of their terminal equipment, or subvert the operation of the end-users’ terminal equipment pose a serious threat to the privacy of end-users. Therefore, any such interference with the end-user’s terminal equipment should be allowed only with the end-user’s consent or for clearly defined exceptions and for specific and transparent purposes.
Amendment 232 #
2017/0003(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Exceptions to the obligation to obtain consent to make use of the processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no, or only very limited, intrusion of privacy. For instance, consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end-user. This may include the storing of cookies for the duration of a single established session on a website to keep track of the end-user’s input when filling in online forms over several pages. Consent should also not be necessary if the information processed or stored is necessary to protect privacy, security or safety of the end-user, or to protect confidentiality, integrity, availability and authenticity of the terminal equipment. Cookies can also be a legitimate and useful tool, for example, in measuring web traffic to a website. Information society providers that engage in configuration checking to provide the service in compliance with the end-user’s settings and the mere logging of the fact that the end-user’s device is unable to receive content requested by the end- user should not constitute access to such a device or use of the device processing capabilities. As an exemption from obtaining end-user´s consent, the processing of information and data that are or are rendered pseudonymous or anonymous should be allowed or for purposes other than those for which they were initially collected in cases where the processing is compatible and is subject to specific safeguards, especially pseudonymisation as set forth in point (4) of Article 6 of Regulation (EU) 2016/679, as well as if it is necessary in accordance with Article 6 (1) (f) of Regulation (EU) 2016/679 for the purpose of legitimate interest, provided that the data protection impact assessment was carried out, as prescribed in Article 35 of Regulation (EU) 2016/679. Adherence to the data protection certification mechanisms, seals or marks, as defined respectively in Article 40 and Article 42 of Regulation (EU) 2016/679, shall be encouraged and promoted, especially to demonstrate compliance with the Regulation in case of exceptions concerning compatible processing and legitimate interests as described above.
Amendment 241 #
2017/0003(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The methods used for providing information and obtaining end-user’s consent should be as user-friendly as possible. Given the ubiquitous use of tracking cookies and other tracking techniques, end-users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment. As a result, end-users are overloaded with requests to provide consent. The use of technical means to provide consent, for example, through transparent and user-friendly settings, may address this problem. Therefore, this Regulation should provide for the possibility to express consent by using the appropriate technical settings of a browser or other application. The choices made by end- users when establishing its general privacy settings of a browser or other application should be binding on, and enforceable against, any third parties. Web browsers are a type of software application that permits the retrieval and presentation of information on the internet. Other types of applications, such as the ones that permit calling and messaging or provide route guidance, have also the same capabilities. Web browsers mediate much of what occurs between the end-user and the website. From this perspective, they are in a privileged position to play an active role to help the end-user to control the flow of information to and from the terminal equipment. More particularly web browsers may be used as gatekeepers, thus helping end-users to prevent information from their terminal equipment (for example smart phone, tablet or computer) from being accessed or stored.
Amendment 253 #
2017/0003(COD)
(23) The principles of data protection by design and by default were codified under Article 25 of Regulation (EU) 2016/679. Currently, the default settings for cookies are set in most current browsers to ‘accept all cookies’. Therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the optioninform the end-user about the possibility to express his or her consent using appropriate technical settings. The end-user should be offered multiple options to choose from, including to prevent third parties from storing information on the terminal equipment; this is often presented as ‘reject third party cookies’. End-users should be offered a set of privacy setting options, ranging from, higher (for example, ‘never accept cookies’) to lower (for example, ‘always accept cookies’) and intermediarejecting tracking that is not necessary for the functionality of the website or other software to, for example, accepting tracking necessary for the functionality of the website (for example, ‘reject third party cookiother software as well as for other purposes’ or ‘only accept first p, for example, accepting tracking necessarty cookies’). Such privacy settings shouldfor the functionality of the website or other software and tracking for other purposes bey presented in an easily visible and intelligible mannerarties that demonstrate the compliance with the EU data protection and privacy legislation, for instance in line with Article 40 and 42 of Regulation (EU) 2016/679.
Amendment 260 #
2017/0003(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) For web browsers to be able to obtain end-users’ consent as defined under Regulation (EU) 2016/679, for example, to the storage of third party tracking cookies, they should, among others, require a clear affirmative action from the end-user of terminal equipment to signify his or her freely given, specific informed, and unambiguous agreement to the storage and access of such cookies or other tracking mechanisms in and from the terminal equipment. Such action may be considered to be affirmative, for example, if end-users are required to actively select ‘accept third party cookies’one of the offered options to confirm their agreement and are given the necessary information to make the choice. To this end, it is necessary to require providers of software enabling access to internet that, at the moment of installation, end-users are informed about the possibility to choose the privacy settings among the various options and ask them to make a choice. Information provided should not dissuade end-users from selecting higher privacy settings and should include relevant information about the risks associated to allowing third party cookies or other tracking mechanisms to be stored in the computer, including the compilation of long-term records of individuals’ browsing histories and the use of such records to send targeted advertising. Web browsers are encouraged to provide easy ways for end-users to change the privacy settings at any time during use and to. Web browsers shall allow the end-user to make exceptions for or to whitelist certain websites or to specify for which websites (third) party cookies are always or never allowedcustomise his or her privacy settings for each individual website visited. The website shall be able to communicate to the end-user the fact that their privacy settings may influence his or her customer experience or access to all functionalities of the website and shall be allowed to offer end-user information how to change his or her settings, request consent from the end-user or offer him or her alternative options, such as i.e. subscription or paid access. The choice of end user for specific websites shall be respected by web browsers.
Amendment 264 #
2017/0003(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Accessing electronic communications networks requires the regular emission of certain data packets in order to discover or maintain a connection with the network or other devices on the network. Furthermore, devices must have a unique address assigned in order to be identifiable on that network. Wireless and cellular telephone standards similarly involve the emission of active signals containing unique identifiers such as a MAC address, the IMEI (International Mobile Station Equipment Identity), the IMSI etc. A single wireless base station (i.e. a transmitter and receiver), such as a wireless access point, has a specific range within which such information may be captured. Service providers have emerged who offer tracking services based on the scanning of equipment related information with diverse functionalities, including people counting, providing data on the number of people waiting in line, ascertaining the number of people in a specific area, etc. This information may be used for more intrusive purposes, such as to send commercial messages to end-users, for example when they enter stores, with personalized offers. While some of these functionalities do not entail high privacy risks, others do, for example, those involving the tracking of individuals over time, including repeated visits to specified locations. Providers engaged in such practices should ask for the end-user´s consent or should carry out data protection impact assessment and in this case the data collected is or is rendered pseudonymous or anonymous. Where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk, prior consultation with the supervisory authority, as prescribed in Article 36 of Regulation (EU) 2016/679, shall be carried out. Providers should display prominent notices located on the edge of the area of coverage informing end-users prior to entering the defined area that the technology is in operation within a given perimeter, the purpose of the tracking, the person responsible for it and the existence of any measure the end-user of the terminal equipment can take to minimize or stop the collection. Additional information should be provided where personal data are collected pursuant to Article 13 of Regulation (EU) 2016/679.
Amendment 273 #
2017/0003(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) When the processing of electronic communications data by providers of electronic communications services falls within its scope, this Regulation should provide for the possibility for the Union or Member States under specific conditions to restrict by law certain obligations and rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests, including national security, defence, public security and the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security and other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, or a monitoring, inspection or regulatory function connected to the exercise of official authority for such interests. Therefore, this Regulation should not affect the ability of Member States to carry out lawful interception of electronic communications or take other measures, if necessary and proportionate to safeguard the public interests mentioned above, in accordance with the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted by the Court of Justice of the European Union and of the European Court of Human Rights. Providers of electronic communications services should provide for appropriate procedures to facilitate legitimate requests of competent authorities, where relevant also taking into account the role of the representative designated pursuant to Article 3(3).
Amendment 284 #
2017/0003(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Publicly available directories of end-users of electronic communications services are widely distributed. Publicly available directories means any directory or service containing end-users information such as phone numbers (including mobile phone numbers), email address contact details and includes inquiry services. The right to privacy and to protection of the personal data of a natural person requires that end-users that are natural persons are asked for consent before their personal data are included in a directory. The legitimate interest of legal entities requires that end- users that are legal entities have the right to object to the data related to them being included in a directory. The consent should be collected by the electronic communications service provider at the moment of signing the contract for such service.
Amendment 290 #
2017/0003(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) If end-users that are natural persons give their consent to their data being included in such directories, they should be able to determine on a consent basis which categories of personal data are included in the directory (for example name, email address, home address, user name, phone number). In addition, providers of publicly available directorieupon giving their consent the end-users should be inform the end-usersed of the purposes of the directory and of the search functions of the directory before including them in that directory. End-users should be able to determine by consent on the basis of which categories of personal data their contact details can be searched. The categories of personal data included in the directory and the categories of personal data on the basis of which the end-user’s contact details can be searched should not necessarily be the same. The providers of publicly available directories shall provide information about the search options, as well as if new options and functions of the directories are available in the publicly available directories.
Amendment 303 #
2017/0003(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Safeguards should be provided to protect end-users against unsolicited communications for direct marketing purposes, which intrude into the private life of end-users. The degree of privacy intrusion and nuisance is considered relatively similar independently of the wide range of technologies and channels used to conduct these electronic communications, whether using automated calling and communication systems, instant messaging applications, emails, SMS, MMS, Bluetooth, etc. It is therefore justified to require that consent of the end-user is obtained before commercial electronic communications for direct marketing purposes are sent to end-users in order to effectively protect individuals against the intrusion into their private life as well as the legitimate interest of legal persons. Legal certainty and the need to ensure that the rules protecting against unsolicited electronic communications remain future- proof justify the need to define a single set of rules that do not vary according to the technology used to convey these unsolicited communications, while at the same time guaranteeing an equivalent level of protection for all citizens throughout the Union. However, it is reasonable to allow the use of e-mail contact details within the context of an existing customer relationship for the offering of similar products or services. Such possibility should only apply to the same company that has obtained the electronic contact details in accordance with Regulation (EU) 2016/679.
Amendment 315 #
2017/0003(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Service providers who offer electronic communications services should inform end- users of measures they can take to protect all comply withe security of their communications for instance by using specific types of software or encryption technologies. The requirement to inform end-users of particular security risks does not discharge a service provider from the obligation to take, at its own costs, appropriate and immediate measures to remedy any new, unforeseen security risks and restore the normal security level of the service. The provision of information about security risks to the subscriber should be free of charge. Security is appraised in the light of Article 32 of Regulation (EU) 2016/679bligations as prescribed in Article 32 of Regulation (EU) 2016/679 and Article 40 of [European Electronic Communications Code].
Amendment 367 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 405 #
2017/0003(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Electronic communications data shall be confidential. Any interference with electronic communications data, such as by listening, tapping, storing, monitoring, scanning or other kinds of interception, or surveillance or processing of electronic communications data, by persons other than the end-users, shall be prohibited, except when permitted by this Regulation.
Amendment 414 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Providers of electronic communications networks and services may process electronic communications data if: it is necessary to achieve the transmission of the communication, for the duration necessary for that purpose.
Amendment 419 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 425 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 444 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. Providers of electronic communication networks and services and third parties may process electronic communication data to the extent strictly necessary for the purpose of ensuring security of network and information if it is necessary to protect, maintain or restore the confidentiality, integrity, availability, authenticity of electronic communications, protect the privacy and safety of end-users or of third parties or detect technical faults and/or errors in the transmission of electronic communications, for the duration necessary for that purpose.
Amendment 448 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Providers of electronic communications networks and services may process electronic communications metadata if:
Amendment 468 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) the end-user concerned has given his or her consent to the processing of his or her communications metadata for one or more specified purposes, including for the provision of specific services to such end- users, provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous.;or
Amendment 472 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c a (new)
Article 6 – paragraph 2 – point c a (new)
(c a) the processing of these data for another specified purpose is compatible with the purpose for which the data were initially collected and is subject to specific safeguards, especially pseudonymisation, as set forth in Article 6(4) of Regulation (EU) 2016/679;or
Amendment 476 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c b (new)
Article 6 – paragraph 2 – point c b (new)
(c b) it is necessary, in accordance with Article 6(1)(f) of Regulation (EU) 2016/679, for the purposes of the legitimate interests pursued by the service provider or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Amendment 477 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. For the purpose of point (cb) of paragraph 2, data protection impact assessment shall be carried out as prescribed in Article 35 of Regulation (EU) 2016/679.
Amendment 481 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. PWithout prejudice to points (1) and (1a) of Article 6, providers of the electronic communications services may process electronic communications content only:
Amendment 489 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point a
Article 6 – paragraph 3 – point a
(a) for the sole purpose of the provision of a specific service to an end- user, if the end-user or end-users concerned haves given theihis or her consent to the processing of his or her electronic communications content and the provision of that service cannot be fulfilled without the processing of such content; or
Amendment 502 #
2017/0003(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Without prejudice to point (b) of Article 6(1a) and points (a) and (b) of Article 6(3), the provider of the electronic communications service shall erase electronic communications content or make that data anonymous after receipt of electronic communication content by the intended recipient or recipients. Such data may be recorded or stored by the end-users or by a third party entrusted by them to record, store or otherwise process such data, in accordance with Regulation (EU) 2016/679.
Amendment 505 #
2017/0003(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Without prejudice to point (b) of Article 6(1a) and points (a), (c), (ca) and (cb) of Article 6(2), the provider of the electronic communications service shall erase electronic communications metadata or make that data anonymous when it is no longer needed for the purpose of the transmission of a communication.
Amendment 528 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(b a) the information is or is rendered pseudonymous or anonymous;or
Amendment 541 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) if it is necessary for web audience measuring, provided that such measurement is carried out by the provider of the information society service requested by the end-user.to obtain information about technical quality or effectiveness of an information society service that has been delivered, to understand and optimize web usage or about terminal equipment functionality, and it has no or little impact on the privacy of the end-user concerned; or
Amendment 557 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(d a) it is necessary to protect privacy, security or safety of the end-user, or to protect confidentiality, integrity, availability, authenticity of the terminal equipment;or
Amendment 565 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d b (new)
Article 8 – paragraph 1 – point d b (new)
(d b) the processing of these data and information for another specified purpose is compatible with the purpose for which the data were initially collected and is subject to specific safeguards, especially pseudonymisation, as set forth in Article 6(4) of Regulation (EU) 2016/679;or
Amendment 568 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d c (new)
Article 8 – paragraph 1 – point d c (new)
(d c) it is necessary, in accordance with Article 6(1)(f) of Regulation (EU) 2016/679 for the purposes of the legitimate interests pursued by the service provider or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Amendment 579 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. For the purpose of points (ba), (db) and (dc) of paragraph 1, data protection impact assessment shall be carried out as prescribed in Article 35 of Regulation (EU) 2016/679
Amendment 581 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
1 b. For the purpose of points (db) and (dc) of paragraph 1, in order to demonstrate the compliance with the Regulation, the adherence to the data protection certification mechanisms and of data protection seals and marks, as defined in Article 42 of Regulation (EU) 2016/679, especially on the Union level, shall be encouraged by the Member States, the supervisory authorities, the Board and the Commission.
Amendment 586 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a a (new)
Article 8 – paragraph 2 – subparagraph 1 – point a a (new)
(a a) the end-user has given his or her consent;or
Amendment 589 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point b
Article 8 – paragraph 2 – subparagraph 1 – point b
(b) the information collected is or is rendered pseudonymous or anonymous and the data protection impact assessment and, if necessary, a prior consultation with the supervisory authority were carried out, as prescribed respectively in Article 35 and 36 of Regulation (EU) 2016/679, and a clear and prominent notice is displayed informing of, at least, the modalities of the collection, its purpose, the person responsible for it and the other information required under Article 13 of Regulation (EU) 2016/679 where personal data are collected, as well as any measure the end-user of the terminal equipment can take to stop or minimise the collection.
Amendment 631 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. End-users who have consented to the processing of electronic communications data as set out in point (c) of Article 6(2) and points (a) and (b) of Article 6(3) shall be given the possibility to withdraw their consent at any time as set forth under Article 7(3) of Regulation (EU) 2016/679 and be reminded of this possibility at periodic intervals of 6 months, as long as the processing continues.
Amendment 644 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Software placed on the market permitting electronic communications, including the retrieval and presentation of information on the internet, shall offer the option to prevent third parties from storing information on the terminal equipment of an end-user or processing information already stored on that equipmappropriate technical settings referred to in Article 9 (2) for end-user to express consent.
Amendment 654 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Upon installation, the software shall inform the end-user about the privacy settings options and, to continue with the installation, require the end-user to consent to a setting. The technical settings shall consist of multiple options for end- user to chose from, including an option to prevent other parties from storing information on the terminal equipment of a n end-user and from processing information already stored on that equipment. These settings should be easily accessible during the use of the software.
Amendment 660 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. The software permitting the end- user to access individual websites shall enable the end-user to customise his or her privacy settings according to the website visited.
Amendment 663 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 672 #
2017/0003(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Union or Member State law may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 5 to 8 where such a restriction respects the essence of the fundamental rights and freedoms and is a necessary, appropriate and proportionate measure in a democratic society to safeguard one or more of the general public interests referred to in Article 23(1)(a) to (ed) of Regulation (EU) 2016/679 or a monitoring, inspection or regulatory function connected to the exercise of official authority for such interests.
Amendment 698 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The providers of publicly available directorielectronic communication services shall obtain the consent of end- users who are natural persons to include share their personal data in the directory and, consequently, shall obtain consent from these end-users forwith the providers of publicly available directories to include them in the directory and, consequently, shall provide end-users who are natural persons with information about inclusion of data per category of personal data, to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory. Providers shall give end- users who are natural persons the means to verify, correct and delete such data.
Amendment 720 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The providers of electronic communication services or providers of publicly available directories shall provide end-users that are legal persons with the possibility to object to data related to them being included in the directory. Providers shall give such end-users that are legal persons the means to verify, correct and delete such data.
Amendment 722 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The possibility for end-users not to be included in a publicly available directory, or to verify, correct and delete any data related to them shall be provided free of charge and in an easily accessible manner by the party that collected the consent or directly from the provider of publicly available directory.
Amendment 742 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where a natural or legal person obtains electronic contact details for electronic mail from its customer, in the context of the sale of a product or a service, in accordance with Regulation (EU) 2016/679, that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services only if customers are clearly and distinctly given the opportunity to object, free of charge and in an easy manner, to such use. The right to object shall be given at the time of collection and each time a message is sent.
Amendment 743 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 3 – introductory part
Article 16 – paragraph 3 – introductory part
3. Without prejudice to paragraphs 1 and 2, natural or legal persons using electronic communications services for the purposes of placing direct marketing calls shall: present the identity of a line on which they can be contacted; or present a specific code/or prefix identifying the fact that the call is a marketing call.
Amendment 746 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point a
Article 16 – paragraph 3 – point a
Amendment 749 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point b
Article 16 – paragraph 3 – point b
Amendment 769 #
2017/0003(COD)
Proposal for a regulation
Article 17 – title
Article 17 – title
Amendment 773 #
2017/0003(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Amendment 818 #
2017/0003(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Directive 2002/58/EC is repealed with effect from 25 May 2018[1 year after entering into force of this Regulation].
Amendment 822 #
2017/0003(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
By 1 January 2018[the date of entry into force of this Regulation] at the latest, the Commission shall establish a detailed programme for monitoring the effectiveness of this Regulation.
Amendment 824 #
2017/0003(COD)
Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 1
Article 29 – paragraph 2 – subparagraph 1
It shall apply from 25 May 2018[1 year after entering into force of this Regulation].
Amendment 1072 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 136
Rule 136
Amendment 83 #
2016/0337(CNS)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Tax policy and the ability to set corporate tax rates remains a national competence. While administrative simplification of corporate taxation systems may lead to greater efficiencies, the likely impact of a common consolidated tax base is an intrusion into Member States' tax policy and their ability to set corporate tax rates into the future.
Amendment 88 #
2016/0337(CNS)
Proposal for a directive
Recital 2
Recital 2
(2) To support the proper functioning of the internal market, the corporate tax environment in the Union should be shaped in accordance with the principle that companies pay their fair share of tax in the jurisdiction(s) where their profits are generated. It is therefore necessary to provide for mechanisms that discourage companies from taking advantage of mismatches amongst national tax systems in order to lower their tax liability. It is equally important to also stimulate growth and economic development in the internal market by facilitating cross-border trade and corporate investment. At the same time, a corporate tax environment in the Union must be competitive and allow Member States to define their own national corporate tax system in order to attract and keep investment in the Union. To this end, it is necessary to eliminate both double taxation and double non- taxation risks in the Union through eradicating disparities in the interaction of national corporate tax systems. At the same time, companies need an easily workable tax and legal framework for developing their commercial activity and expanding it across borders in the Union. In that context, remaining cases of discrimination should also be removed.
Amendment 114 #
2016/0337(CNS)
Proposal for a directive
Recital 4
Recital 4
(4) Considering the need to act swiftly in order to ensuresupport a proper functioning of the internal market by making it, on the one hand, friendlier to trade and investment and, on the other hand, more resilient to tax avoidance schemes, it is necessary to divide the ambitious CCCTB initiative into two separate proposals. At a first stage, rules on a common corporate tax base should be enacted, before addressing, at a second stage, the issue of consolidation.
Amendment 115 #
2016/0337(CNS)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) It should be considered that no sufficiently detailed impact assessment has been conducted on either the CCTB or CCCTB proposals. To understand the true impact of the proposals, particularly in terms of the impact on Member State's corporate tax revenue, it is necessary for a detailed impact assessment to be conducted on a country-by-country basis, which considers all different national systems of corporate tax collection.
Amendment 120 #
2016/0337(CNS)
Proposal for a directive
Recital 5
Recital 5
(5) Many aggressive tax planning structures tend to feature in a cross-border context, which implies that the participating groups of companies possess a minimum of resources. On this premise, for reasons of proportionality, the rules on a common base should be mandatory only for companies which belong to a group of a substantial size. For that purpose, a size-related threshold should be fixed on the basis of the total consolidated revenue of a group which files consolidated financial statements. In addition, to ensure coherence between the two steps of the CCCTB initiative, the rules on a common base should be mandatory for companies which would be considered as a group should the full initiative materialise. In order to better serve the aim of facilitating trade and investment in the internal market, the rules on a common corporate tax base should also be available, as an option, to companies which do not meet those criteriaoptional for all companies.
Amendment 129 #
2016/0337(CNS)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Aggressive tax planning by multinational companies is a global problem that requires a global solution. The ideal way to tackle this problem is on an internationally agreed basis through the OECD Base Erosion and Profit Shifting (BEPS) initiative.
Amendment 141 #
2016/0337(CNS)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Taxing the digital economy at a global level has been a number one priority in the OECD BEPS Action Plan. Therefore, any attempt made to impose a new tax on the digital economy at EU level could put Europe at a mismatch to the rest of the world given that the digital economy is global in nature. As part of the OECD BEPS Action Plan, a report with recommendations on taxing the digital economy at a global level will be published in Spring 2018; any decision to plan for a tax on the digital economy at an EU level in advance of this report would be unnecessary and premature.
Amendment 185 #
2016/0337(CNS)
Proposal for a directive
Recital 21
Recital 21
Amendment 189 #
2016/0337(CNS)
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) It should be acknowledged that seven Member State national parliaments have issued reasoned opinions to state that this legislative act does not comply with the principle of subsidiarity as defined in Article 5(3) TEU.
Amendment 193 #
2016/0337(CNS)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive establishes an optional system of a common base for the taxation of certain companies in the Union and lays down rules for the calculation of that base.
Amendment 198 #
2016/0337(CNS)
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. The rules of this Directive shall apply tomay be applied by a company that is established under the laws of a Member State, including its permanent establishments in other Member States, where the company meets all of the following conditions:
Amendment 200 #
2016/0337(CNS)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
Amendment 210 #
2016/0337(CNS)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
This Directive shallmay also be apply toied by a company that is established under the laws of a third country in respect of its permanent establishments situated in one or more Member State where the company meets the conditions laid down in points (b) toand (d) of paragraph 1.
Amendment 212 #
2016/0337(CNS)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 407 #
2016/0337(CNS)
Proposal for a directive
Article 70 – paragraph 1 – subparagraph 1
Article 70 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by 31st December 201823 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 411 #
2016/0337(CNS)
Proposal for a directive
Article 70 – paragraph 1 – subparagraph 2
Article 70 – paragraph 1 – subparagraph 2
They shall apply those provisions from 1st January 201924.
Amendment 45 #
2016/0336(CNS)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Tax policy and the ability to set corporate tax rates remains a national competence. While administrative simplification of corporate taxation systems may lead to greater efficiencies, the likely impact of a common consolidated tax base is an intrusion into Member States' tax policy and their ability to set corporate tax rates into the future.
Amendment 51 #
2016/0336(CNS)
Proposal for a directive
Recital 2
Recital 2
(2) To support the proper functioning of the internal market, the corporate tax environment in the Union should be shaped in accordance with the principle that companies pay their fair share of tax in the jurisdiction(s) where their profits are generated. It is therefore necessary to provide for mechanisms that discourage companies from taking advantage of mismatches amongst national tax systems in order to lower their tax liability. It is equally important to also stimulate growth and economic development in the internal market by facilitating cross-border trade and corporate investment. At the same time, a corporate tax environment in the Union must be competitive and allow Member States to define their own national corporate tax system in order to attract and keep investment in the Union. To this end, it is necessary to eliminate both double taxation and double non- taxation risks in the Union through eradicating disparities in the interaction of national corporate tax systems. At the same time, companies need an easily workable tax and legal framework for developing their commercial activity and expanding it across borders in the Union. In that context, remaining cases of discrimination should also be removed.
Amendment 76 #
2016/0336(CNS)
Proposal for a directive
Recital 4
Recital 4
(4) Considering the need to act swiftly in order to ensuresupport a proper functioning of the internal market by making it, on the one hand, friendlier to trade and investment and, on the other hand, more resilient to tax avoidance schemes, it is necessary to divide the ambitious CCCTB initiative into two separate proposals. At a first stage, rules on a common corporate tax base should be agreed, before addressing, at a second stage, the issue of consolidation.
Amendment 77 #
2016/0336(CNS)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) It should be considered that no sufficiently detailed impact assessment has been conducted on either the CCTB or CCCTB proposals. To understand the true impact of the proposals, particularly in terms of the impact on Member States' corporate tax revenue, it is necessary for a detailed impact assessment to be conducted on a country-by-country basis, which considers all different national systems of corporate tax collection.
Amendment 81 #
2016/0336(CNS)
Proposal for a directive
Recital 5
Recital 5
(5) Many aggressive tax planning structures tend to feature in a cross-border context, which implies that the participating groups of companies possess a minimum of resources. On this premise, for reasons of proportionality, the rules on a CCCTB should be mandatory only for groups of companies of a substantial size. For that purpose, a size-related threshold should be fixed on the basis of the total consolidated revenue of a group which files consolidated financial statements. In addition, in order to better serve the aim of facilitating trade and investment in the internal market, the rules on a CCCTB should also be available, as an option, to those groups that fall short of the size- related thresholdoptional for all groups of companies.
Amendment 90 #
2016/0336(CNS)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Aggressive tax planning by multinational companies is a global problem that requires a global solution. The ideal way to tackle this problem is on an internationally agreed basis through the OECD Base Erosion and Profit Shifting (BEPS) initiative.
Amendment 99 #
2016/0336(CNS)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Taxing the digital economy at a global level has been a number one priority in the OECD BEPS Action Plan. Therefore, any attempt made to impose a new tax on the digital economy at EU level could put Europe at a mismatch to the rest of the world given that the digital economy is global in nature. As part of the OECD BEPS Action Plan, a report with recommendations on taxing the digital economy at a global level will be published in Spring 2018; any decision to plan for a tax on the digital economy at an EU level in advance of this report would be unnecessary and premature.
Amendment 130 #
2016/0336(CNS)
Proposal for a directive
Recital 18
Recital 18
Amendment 132 #
2016/0336(CNS)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) It should be acknowledged that seven Member State national parliaments have issued reasoned opinions to state that this legislative act does not comply with the principle of subsidiarity as defined in Article 5(3) TEU.
Amendment 136 #
2016/0336(CNS)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive establishes an optional system for the consolidation of the tax bases, as referred to in Council Directive 2016/xx/EU,14 of companies that are members of a group and lays down rules on how a common consolidated corporate tax base shall be allocated to Member States and administered by the national tax authorities. __________________ 14 [full title of the Directive (OJ L [ ], [ ], p. [ ])].
Amendment 142 #
2016/0336(CNS)
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. The rules of this Directive shall apply tomay be applied by a company that is established under the laws of a Member State, including its permanent establishments in other Member States, where the company meets all of the following conditions:
Amendment 143 #
2016/0336(CNS)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
Amendment 150 #
2016/0336(CNS)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
This Directive shallmay also be apply toied by a company that is established under the laws of a third country in respect of its permanent establishments situated in one or more Member States where the company meets the conditions laid down in points (b) toand (d) of paragraph 1.
Amendment 152 #
2016/0336(CNS)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 295 #
2016/0336(CNS)
Proposal for a directive
Article 80 – paragraph 1 – subparagraph 1
Article 80 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by 31st December 20205 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 301 #
2016/0336(CNS)
Proposal for a directive
Article 80 – paragraph 1 – subparagraph 2
Article 80 – paragraph 1 – subparagraph 2
They shall apply those provisions from 1st January 20216.
Amendment 123 #
2016/0223(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) For a well-functioning CEAS, including of the Dublin system, substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the Member States. In addition, rules on status review should be strengthened to ensure that protection is only granted to those who need it and for so long as it continues to be needed. Moreover, divergent practices regarding the duration of the residence permits should be avoided, and the rights granted to beneficiaries of international protection should be further clarified and harmonised, taking into account the juridical differences between the refugee status and the subsidiary protection status.
Amendment 134 #
2016/0223(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The main objective of this Regulation is, on the one hand, to ensure that Member States apply common criteria for the identification of persons genuinely in need of international protection and, on the other hand, to ensure that a common set of rights is available for those persrefugees and beneficiaries of subsidiary protections in all Member States.
Amendment 186 #
2016/0223(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Internal protection against persecution or serious harm should be effectively available to the applicant in a part of the country of origin where he or she can safely and legally travel to, gain admittance to and can reasonably be expected to settle. The assessment of whether such internal protection exists should be an inherentmight form part of the assessment the application for international protection and should be carried out once it has been established by the determining authority that the qualification criteria would otherwise apply. The burden of demonstrating the availability of internal protection should fall on the determining authority. However, the applicant should collaborate with the determining authority in order to establish whether the conditions for internal protection are satisfied in a part of his/her country of origin.
Amendment 189 #
2016/0223(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) The assessment of the best interests of the child should be the primary consideration of the relevant authorities when assessing the conditions for internal protection in the case of minors.
Amendment 224 #
2016/0223(COD)
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38 a) In order to avoid abuses, Member States should assess whether the marriage between a beneficiary of international protection and his or her spouse is the result of an authentic relationship.
Amendment 227 #
2016/0223(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) With a view to ascertaining whether beneficiaries of international protection are still in need of that protection, determining authorities should review the granted status when the residence permit has to be renewed, for the first time in the case of refugees, and for the first and second time in the case of beneficiaries of subsidiary protection, as well as when a significant relevant change in the beneficiaries' country of origin occurs as indicated by common analysis and guidance on the situation in the country of origin provided at Union level by the Agency and the European networks on country of origin information in accordance with Articles 8 and 10 of Regulation37 . _________________ 37 COM(2016)271 final.
Amendment 249 #
2016/0223(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) In order to discourage secondary movements within the European Union, the Long Term Residence Directive 2003/109/EC should be amended to provide that the 5-year period after which beneficiaries of international protection are eligible for the Long Term Resident status should be restarted each time the person is found in a Member State, other than the one that granted international protection, without a right to stay or to reside there in accordance with relevant Union or national law. This should be without prejudice of the possibility for the beneficiary of international protection to provide the relevant authority with admissible justifications.
Amendment 254 #
2016/0223(COD)
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45 a) In the event that the situation of a beneficiary of international protection or an applicant for international protection fulfil the conditions set out in Art 33(2) of the Geneva Convention, Member States should enjoy the discretion whether to return the person to his/her country of origin, in full respect of the European Charter of Fundamental Rights, in particular Article 4 and Article 19 (2).
Amendment 346 #
2016/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The determining authority shall consider it the duty of the applicant shallto submit all the elements available to him or her whichs soon as possible all the elements needed to substantiate the application for international protection. He or she shall cooperate with the determining authority andIn cooperation with the applicant, it is the duty of the determining authority to assess the relevant elements of the application. The applicant shall remain present and available throughout the procedure.
Amendment 374 #
2016/0223(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. When examining an application for international protection the determining authority shall assess whether the applicant has deliberately behaved in a way that would determine his/her persecution in the country of origin, for the sole or main purpose of creating the necessary conditions for applying for international protection.
Amendment 379 #
2016/0223(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Without prejudice to the Geneva Convention and the European Convention on Human Rights, an applicant who files a subsequent application in accordance with Article 42 of Regulation (EU)XXX/XXX [Procedures regulation] shall not normally be granted refugee status or subsidiary protection status if the risk of persecution or the serious harm is based on circumstances which the applicant has created by his or her own decision since leaving the country of origin for the sole and main purpose of being granted international protection.
Amendment 413 #
2016/0223(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The assessment of the availability of internal protection shallmay be carried out once it has been established by the determining authority that the qualification criteria would otherwise apply. The burden of demonstrating the availability of internal protection shall rest on the determining authority. THowever, the applicant shall not be required to prove that, before seekingcollaborate with the determining authority in order to establish whether the conditions for international protection, he or she has exhausted all possibilities to obtain protection in his or are satisfied in a part of his/her country of origin.
Amendment 421 #
2016/0223(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. Any decision not to provide international protection to a minor, whether accompanied or not, based on the availability of internal protection, shall be preceded by a formal best interests determination procedure. Where the applicant is an unaccompanied minor, the availability of appropriate care, custodial arrangements and durable solutions for his or her development should be part of the assessment of whether the protection is effectively guaranteed within the individuated area.
Amendment 456 #
2016/0223(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Points (e) and (f) shall not apply to a refugee who is able to invokedemonstrate the existence of compelling reasons arising out of previous persecution for refusing to avail himself or herself of the protection of the country of nationality or, being a stateless person, of the country of former habitual residence.
Amendment 477 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 5 – introductory part
Article 12 – paragraph 5 – introductory part
5. For the purposes of points (b) and (c) of paragraph 2, the following aspects shall be classified as serious non-political crimesonsidered of particular importance by the determining authority during the individual assessment:
Amendment 480 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 5 – point a
Article 12 – paragraph 5 – point a
(a) particularly cruel actions when the act in question is disproportionate to the alleged political objective,ipation in the activities of a terrorist group even though it is not established that the person concerned committed, attempted to commit or threatened to commit a terrorist act as defined in the resolutions of the United Nations Security Council;
Amendment 485 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 5 – point b
Article 12 – paragraph 5 – point b
(b) terrorist acts, which are characterised by their violence towards civilian populations, even if committed with a purportedly political objective.a conviction by the Courts of a Member State on a charge of participation in the activities of a terrorist group; or
Amendment 487 #
2016/0223(COD)
Proposal for a regulation
Article 12 – paragraph 5 – point b a (new)
Article 12 – paragraph 5 – point b a (new)
(ba) membership of the leadership of a terrorist group.
Amendment 502 #
2016/0223(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
(e) he or she, having been convicted by a final judgment of a particularly serious crime with reference to offences listed in Article 2(2) of Framework Decision 2002/584/JHA, constitutes a danger to the community of the Member State in which he or she is present;
Amendment 559 #
2016/0223(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Paragraph 1 shall not apply to a beneficiary of subsidiary protection status who is able to invokedemonstrate the existence of compelling reasons arising out of previous serious harm for refusing to avail himself or herself of the protection of the country of nationality or, being a stateless person, of the country of former habitual residence.
Amendment 615 #
2016/0223(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. When applying the provisions of this Chapter that involve minors the best interests of the child shall be athe primary consideration to the relevant authorities.
Amendment 740 #
2016/0223(COD)
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1
Article 36 – paragraph 1 – subparagraph 1
Amendment 783 #
2016/0223(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
Directive 2003/109/EU
Article 4 paragraph 3 a
Article 4 paragraph 3 a
3a. Where a beneficiary of international protection is found in a Member State, other than the one that granted international protection, without a right to stay or to reside there in accordance with relevant Union or national law, the period of legal stay preceding such a situation shall not be taken into account in the calculation of the period referred to in paragraph 1, unless he or she demonstrates that the reason for the movement was due to circumstances beyond his/her control.
Amendment 394 #
2016/0131(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Agency shall, at the request of the Commission, provide it with information on specific third countries which could be considered for inclusion in the common EU list of safe countries of origin in accordance with Regulation (EU) No XXX/XXX. That information shall be forwarded to the relevant European Parliament committees.
Amendment 407 #
2016/0131(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Agency shall, on its own initiative or at the request of the Commission, and in consultation with the Commission and Member-States, develop operational standards on the implementation of the instruments of Union law on asylum and indicators for monitoring compliance with those operational standards as well as guidelines and best practices related to the implementation of the instruments of Union law on asylum. The Agency shall, following consultation with the Commission and after adoption by the Management Board, communicate those standards, indicators, guidelines or best practices to the Member States.
Amendment 426 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) verify the asylum and reception systems, capabilities, infrastructure, equipment, staff available, including for translation and interpretation in Member States, financial resources and the capacity of Member States' asylum authorities, including the judicial system, to handle and manage asylum cases efficiently and correctlyin accordance with EU law.
Amendment 438 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
For that purpose, Member States shall, at the request of the Agency, provide it with the necessary information as regards asylum procedures, equipment, infrastructure, reception conditions, recognition rates and quality of protection as well as staff and financial resources at national level to ensure an efficient management of the asylum and reception system. The Member States shall also cooperate with the Agency and shall facilitate and actively support any on-site visit that the Agency shall carry out for the purposes of the monitoring exercise.
Amendment 440 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Agency shall assess the capacity and readiness of Member States to meet challenges from possiblresent and future disproportionate pressure on their asylum and reception systems. The Agency may request Member States to provide it with their contingency planning for measures to be taken to deal with such possible disproportionate pressure and shall assist Member States to prepare and review their contingency planning, where necessary.
Amendment 443 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3 a. The previous paragraphs are without prejudice to the competences of the European Commission foreseen in the Treaties, including article 258 on the Treaty on the Functioning of the European Union.
Amendment 444 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 3 b (new)
Article 13 – paragraph 3 b (new)
3 b. For the purposes of paragraph 1, the Agency shall receive anonymised data from Eurodac in real time.
Amendment 456 #
2016/0131(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 5
Article 14 – paragraph 1 – subparagraph 5
The Agency, at the request of the Commission, may initiate an exceptional monitoring exercise for the assessment of the asylum or reception systems of a Member State on its own initiativewhenever: (a) there are serious concerns regarding the functioning orf at the request of the Commission whenever there are serious concerns regarding the functioning of any aspect of that Member State'sny aspect of that Member State's asylum or reception systems; or (b) there are serious concerns regarding the capacity and readiness of Member States to meet challenges from present and future disproportionate pressure on their asylum orand reception systems.
Amendment 466 #
2016/0131(COD)
2 a. If an on-site visit reveals serious deficiencies deemed to jeopardize the functioning of the CEAS or to constitute a serious threat to public policy or internal security within the area without internal borders, the Commission, on its own initiative or at the request of the European Parliament or of a Member State, shall inform the European Parliament and the Council as soon as possible thereof.
Amendment 480 #
2016/0131(COD)
Proposal for a regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5 a. Upon request of the European Parliament, the Agency shall transmit any document pertaining to the monitoring exercise.
Amendment 483 #
2016/0131(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The Agency shall inform the Commission and the European Parliament on a regular basis of the implementation of the action plan.
Amendment 490 #
2016/0131(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. If an on-site visit reveals serious deficiencies deemed to jeopardize the functioning of the CEAS or to constitute a serious threat to public policy or internal security within the area without internal borders, the Commission, on its own initiative or at the request of the European Parliament or of a Member State, shall inform the European Parliament and the Council as soon as possible thereof.
Amendment 493 #
2016/0131(COD)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4 a. Upon request of the European Parliament, the European Commission shall transmit any document pertaining to the monitoring exercise.
Amendment 495 #
2016/0131(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall submit a request for assistance to the Executive Director describing the situation and the purpose of the request. The request shall be accompanied by a detailed assessment of needs. The Executive Director shall evaluate, approve and coordinate requests for assistance. Each shall be subject to a thorough and reliable assessment enabling the Agency to identify and propose, within a reasonable time frame, a set of measures as referred to in paragraph 3 that can meet the needs of the Member State concerned.
Amendment 504 #
2016/0131(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point i a (new)
Article 16 – paragraph 3 – point i a (new)
(i a) Assist Member States in ensuring all the necessary safeguards for vulnerable groups are in place;
Amendment 522 #
2016/0131(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Management Board shall, on a proposal of the Executive Director, decide by a three-fourths majority of members with a right to vote on the profiles of experts and on the share that each Member State shall contribute to constitute the asylum intervention pool. The same procedure shall apply to any subsequent changes in the profiles and the overall number of experton the profiles of experts. The Agency may verify whether the experts proposed by the Member States correspond to the defined profiles.
Amendment 528 #
2016/0131(COD)
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3 a. Each Member State shall be responsible for its contribution to the number of experts, as referred to in paragraph 1, in accordance with Annex Ia.
Amendment 529 #
2016/0131(COD)
Proposal for a regulation
Article 18 – paragraph 3 b (new)
Article 18 – paragraph 3 b (new)
3 b. if a situation arises in which more experts are required than provided for under paragraphs 1, the executive director shall immediately inform the European Parliament, the Council and the Commission. He or she shall also call upon the Council to seek commitments from Member States to meet the shortage.
Amendment 566 #
2016/0131(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Where in the event ofasylum or reception systems are rendered ineffective to the extent of jeopardising the functioning of the CEAS because (a) a Member State facing disproportionate pressure on the asylum or reception systems a Member State does not request the Agency for operational and technical assistance or does not accept an offer by the Agency for such assistance or does not take sufficient action to address that pressure,; or where it(b) a Member State does not comply with the Commission's recommendations referred to in Article 15(3), thereby rendering the asylum or reception systems ineffective to the extent of jeopardising the functioning of the CEAS, the Commission may adopt a decision by means of an implementing act, identifying one or more of the measures set out in Article 16(3) to be taken by the Agency to support the Member State concerned. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 64.
Amendment 570 #
2016/0131(COD)
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
6. The Member State concerned shall comply with the Commission decision referred to in paragraph 3. For that purpose it shall immediately cooperate with the Agency and take the necessary action to facilitate the implementation of that decision and the practical execution of the measures set out in that decision and in the operational plan agreed upon with the executive director.
Amendment 572 #
2016/0131(COD)
Proposal for a regulation
Article 22 – paragraph 7 a (new)
Article 22 – paragraph 7 a (new)
7 a. If the Member State concerned does not comply with the Commission decision referred to in paragraph 3 within 30 days and does not cooperate with the Agency as provided for under paragraph 6 of this article, the Commission may trigger the procedure provided for in Article 29 of Regulation (EU) 2016/399.
Amendment 578 #
2016/0131(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2 a. The Agency shall be responsible for ensuring the security of its own equipment throughout the life cycle of the equipment.
Amendment 599 #
2016/0131(COD)
Proposal for a regulation
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3 a. With regard to the processing of personal data under Article 17, the host Member State shall be considered as a data controller in accordance with Union data protection rules.
Amendment 620 #
2016/0131(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
The Agency shall cooperate with international organisations, in particular UNHCR, in areas governed by this Regulation, within the framework of working arrangements concluded with those bodies, in accordance with the Treaty and the provisions on the competence of those bodies. The Agency can enter into emergency standby agreements with international organizations and non-governmental organizations to complement the Agency operational and technical assistance to Member States, in particular by setting up reception facilities, providing information to asylum seekers or providing for specific needs of vulnerable groups. The Management Board shall decide on the working arrangements which shall be subject to prior approval of the Commission. The Agency shall inform the European Parliament of any such arrangements.
Amendment 642 #
2016/0131(COD)
Proposal for a regulation
Article 45 – paragraph 2 – subparagraph 1
Article 45 – paragraph 2 – subparagraph 1
The Executive Director shall be appointed by the Management Board from a list of at least three candidates proposed by the Commission, following an open and transparent selection procedure. The Executive Director shall be appointed on the ground of merit and documented high- level administrative and management skills as well as senior professional experience in the field of migration and asylum.
Amendment 645 #
2016/0131(COD)
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. Before appointment, the candidate selected by the Management Boards proposed by the Commission may be invited to make a statement before the competent committee of the European Parliament and answer questions put by its members. Following such a statement, the European Parliament shall adopt an opinion setting out its views and may indicate a preferred candidate. The Management Board shall appoint the executive director taking these views into account. The management board shall take its decision by a two thirds majority of all member with a right to vote. If the Management board takes a decision to appoint a candidate other than the candidate whom the European Parliament indicated as its preferred candidate, the management board shall inform the European Parliament and the Council in writing of the manner in which the opinion of the European Parliament was taken into account.
Amendment 653 #
2016/0131(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
Amendment 654 #
2016/0131(COD)
Proposal for a regulation
Article 47 – paragraph 2 a (new)
Article 47 – paragraph 2 a (new)
2 a. The deputy executive director shall be appointed by the management board on the proposal of the executive director. The deputy executive director shall be appointed on the grounds of merit and appropriate administrative and management skills as well as senior professional experience in the field of migration and asylum. The executive director shall propose at least three candidates for the post of deputy executive director. The management board shall take its decision by a two thirds majority of all members with a right to vote.
Amendment 677 #
2016/0131(COD)
Proposal for a regulation
Article 60 – paragraph 1 a (new)
Article 60 – paragraph 1 a (new)
1 a. Classified information shall be made available to the European Parliament in accordance with this Regulation. The transmission and handling of information and documents transmitted to the European Parliament in accordance with this Regulation shall comply with the rules concerning the forwarding and handling of classified information which are applicable between the European Parliament and the Commission.
Amendment 684 #
2016/0131(COD)
Proposal for a regulation
Annex I a (new)
Annex I a (new)
Amendment 52 #
2015/2254(INL)
Motion for a resolution
Citation 19
Citation 19
Amendment 57 #
2015/2254(INL)
Motion for a resolution
Citation 20
Citation 20
Amendment 73 #
2015/2254(INL)
Motion for a resolution
Citation 23
Citation 23
Amendment 146 #
2015/2254(INL)
Motion for a resolution
Recital I
Recital I
I. whereas the European Parliamentary Research Service study on The Cost of Non-Europe in the area of Organised crime and Corruption highlightestimates that integrating existing EU monitoring mechanisms into a broader Rule of Law monitoring framework wouldmight result in cost savings of € 70 billion annually;
Amendment 160 #
2015/2254(INL)
Motion for a resolution
Recital J
Recital J
J. whereas the failure of a candidate countryies need to meet the required standards results in a delay offor the accession to the Union, while the failure of a Member State or an institution of the Union to meet those same standards has little consequence in practice; Whereas for negative developments in a Member State or breaches of the rule of law in the Union, the EU has limited possibilities to act;
Amendment 181 #
2015/2254(INL)
Motion for a resolution
Recital L
Recital L
L. whereas there are few existing instruments to correct legislative and executive policy decisions by the institutions of the Union should be properly applied and enforced;
Amendment 193 #
2015/2254(INL)
Motion for a resolution
Recital P
Recital P
P. whereas the Union has at its disposal a multitude of instruments and processes for ensuring full and proper application of Treaty principles and values but in practice they appear limited in scope, inadequate and ineffective, or they are unlikely to be used; while their uneven application is perceived by many as politically motivated, arbitrary and unfairly targeting certain countries; whereas the existing instruments should be applied and enforced in order to be adequate and effective;
Amendment 218 #
2015/2254(INL)
Motion for a resolution
Recital T
Recital T
T. whereas in situations where a Member State no longer guarantee respect for DRFcases of breaches of the rule of law, the Union and itsthe Member States shave a duty toll protect the rights of the residents of that Member Stateintegrity and application of the Treaties;
Amendment 234 #
2015/2254(INL)
Motion for a resolution
Recital U
Recital U
U. whereas recent developments have shown it is urgent to revisit is necessary to apply , enforce and integrate existing mechanisms and develop an effective mechanism to ensure Treaty principles and values are upheld throughout the Union;
Amendment 266 #
2015/2254(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests the Commission to submit, by the end ofSeptember 20167, on the basis of Article 295 TFEU, a proposal for the conclusion of an EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation of institutions of the Union and its Member States in the framework of Article 7 TEU, integrating, aligning and complementing existing mechanisms, following the detailed recommendations set out in the Annex hereto;
Amendment 303 #
2015/2254(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 312 #
2015/2254(INL)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Reiterates that the Member States are obliged to cooperate with each other and the institutions based on principles of mutual trust and sincere cooperation.
Amendment 319 #
2015/2254(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to develop and implement an awareness raising campaign, providing information about citizens'fundamental rights, to judicial redress and litigation routes in cases relating to DRF violations by national governments or institutions of the Unionhe rule of law and the possibility to enforce those rights;
Amendment 331 #
2015/2254(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 338 #
2015/2254(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends that the DRF expert panel, as per the proposed interinstitutional agreement, also assess access to justice at the European level, applying the same benchmarks to the CJEU and ECtHR, including aspects such as independence and impartiality of courts and judges, length and cost of litigation, implementation of court rulings, scope of judicial control and redress available to citizens, and options for cross border collective redress;
Amendment 345 #
2015/2254(INL)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers that the existing tools and mechanisms for enforcement of rights should be properly applied and strengthened if possible breaches appear.
Amendment 348 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – introductory part
Paragraph 9 – introductory part
9. Considers, furthermore, that any future Treaty revision should include the following changes:if in the future further Treaty changes would be considered, the attention should be drawn - to Article 2 and the fulfilment of the Member States' obligation to protect the fundamental values the EU is based upon - to the consideration of further mechanisms how the rule of law could be strengthened or, if breaches appear, how the rule of law could be re-established while respecting national competences and sovereignty; - to a possible revision of Article 7, in order to make sanctions against Member States relevant and applicable;
Amendment 383 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 5 a (new)
Paragraph 9 – indent 5 a (new)
- Reviewing article7 in order to make sanctions against any Member State relevant and applicable
Amendment 426 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 18
Annex – Citation 18
Amendment 429 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 19
Annex – Citation 19
Amendment 450 #
2015/2254(INL)
Motion for a resolution
Annex – Recital 7
Annex – Recital 7
Amendment 459 #
2015/2254(INL)
Motion for a resolution
Annex – Article 2
Annex – Article 2
The core elements of the Union Pact on DRF shall consist of the DRF Scoreboard, the DRF Semester, including aa European Report with country-specific recommendations and incorporating, where possible, the reporting of the FRA, the Council of Europe, and other relevant authorities in the field. An annual inter- parliamentary debate, on the basis of that Scoreboard,European Report; and arrangements for remedying possible risks and breaches and for the activation of the preventative or corrective arms of Article 7 of the Treaty on European Union (TEU), and a DRF policy cycle within the institutions of the Union;
Amendment 463 #
2015/2254(INL)
Motion for a resolution
Annex – Article 3
Annex – Article 3
The DRF Semester shall be expanded toUnion Pact on DRF shall incorporate the Commission's Rule of Law Framework and the Council's Rule of Law Dialogue into a single Union instrument;
Amendment 465 #
Amendment 469 #
2015/2254(INL)
Motion for a resolution
Annex – Article 4
Annex – Article 4
An annual scoreboardEuropean Report on the state of DRF in the Member States shall be elaborated by an independent panel of experts and adopted by the Commission; and adopted with a two-thirds majority by an independent panel of experts and presented to the Commission for transmission to the European Parliament, the Council and national parliaments. The Commission may include its own assessment and recommendations in that transmission;
Amendment 473 #
2015/2254(INL)
Motion for a resolution
Annex – Article 5
Annex – Article 5
Amendment 477 #
2015/2254(INL)
Motion for a resolution
Annex – Article 6 – introductory part
Annex – Article 6 – introductory part
The DRF ScoreboardEuropean Report shall be drawn up using a variety of sources, including:
Amendment 490 #
2015/2254(INL)
Motion for a resolution
Annex – Article 6 – paragraph 1 a (new)
Annex – Article 6 – paragraph 1 a (new)
All the contributions from the above- mentioned sources shall be made available to the public on the websites of the panel or the Commission.
Amendment 493 #
2015/2254(INL)
Motion for a resolution
Annex – Article 7
Annex – Article 7
Amendment 496 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – introductory part
Annex – Article 8 – introductory part
The Scoreboard shall be based on a set of indicators in three categories,Report shall be presented in a harmonised format and accompanied by country-specific reports. commendations and shall be elaborated with a specific focus on:
Amendment 497 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – introductory part
Annex – Article 8 – introductory part
The Scoreboard shall be based on a set of indicators in three categories,European Report shall be presented in a harmonised format and accompanied by country-specific reports. and shall be elaborated with specific focus on:
Amendment 499 #
Amendment 501 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 –point 8.1
Annex – Article 8 –point 8.1
Amendment 510 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – point 8.2 – introductory part
Annex – Article 8 – point 8.2 – introductory part
Amendment 511 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – point 8.2 – introductory part
Annex – Article 8 – point 8.2 – introductory part
Amendment 516 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – point 8.2 – indent 7
Annex – Article 8 – point 8.2 – indent 7
– Title I -V of the Charter
Amendment 518 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – point 8.3 – introductory part
Annex – Article 8 – point 8.3 – introductory part
Amendment 519 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – point 8.3 – indent 1
Annex – Article 8 – point 8.3 – indent 1
Amendment 523 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – introductory part
Annex – Article 9 – introductory part
The assessment of the state of DRF in the Member States, as well as the development of country-specific draft recommendations, shall be carried out by a broad and representative panel of independent experts ('DRF expert panel'), on the basis of a quantitative and qualitative review of the data and information available.
Amendment 527 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – point 9.1
Annex – Article 9 – point 9.1
The DRF expert panel shall be composed of the following members: – by each Member State; – the federation of All European Academies (ALLEA); – European Network of National Human Rights Institutions (ENNHRI); – Venice Commission and the Council of Europe Human Rights Commissioner; – CEPEJ; – United Nations (UN) and the Organisation for Economic Co-operation and Development (OECD).one member designated by the parliament of each Member State. Members of the expert panel shall be individuals qualified for assuming the office of member of the constitutional Court, where applicable, or member of the respective supreme national courts. one independent expert designated ten academic experts designated by ten experts designated by the two experts each designated by the ten former judges designated by two experts each designated by the
Amendment 536 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – point 9.2
Annex – Article 9 – point 9.2
Amendment 545 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – point 9.3
Annex – Article 9 – point 9.3
9.3 In order to facilitate the development of the draft DRF Scoreboard and draftEuropean Report and country recommendations, the Commission shall provide a secretariat to the DRF expert panel, enabling it to function efficiently, in particular by gathering data and information sources to be reviewed and assessed, and by providing administrative support during the drafting process.
Amendment 550 #
2015/2254(INL)
Motion for a resolution
Annex – Article 10 – introductory part
Annex – Article 10 – introductory part
Amendment 551 #
2015/2254(INL)
Motion for a resolution
Annex – Article 10 – point 10.1
Annex – Article 10 – point 10.1
Amendment 553 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – introductory part
Annex – Article 11 – introductory part
Amendment 558 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 1
Annex – Article 11 – indent 1
– The draft DRF ScoreboardEuropean Report, including draft country-specific recommendations, shall be developed annually by the DRF expert panel;
Amendment 563 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 2
Annex – Article 11 – indent 2
– The DRF expert panel shall assess the data and information available and allocate green, yellow and red scores to each of the DRF indicators for each of the Member States or institutions of the Union under scrutiny;
Amendment 566 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 3
Annex – Article 11 – indent 3
– The draft DRF ScoreboardEuropean Report and draft country-specific recommendations shall be made publically available;
Amendment 573 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 4
Annex – Article 11 – indent 4
– The Commission shall formally adopt the DRF ScoreboardEuropean Report and country- specific reports, including recommendations, and refer them to the Member States, the European Parliament and the Council as a basis for the DRF Semesteran interparliamentary debate.
Amendment 575 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 4 a (new)
Annex – Article 11 – indent 4 a (new)
– If the country-specific report on a Member State includes the statement by the expert panel that there is a clear risk of a serious breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(1) TEU, the Commission, the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall be made public. The Commission shall start a dialogue with that Member State, taking into account the country specific report.
Amendment 577 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 5 b (new)
Annex – Article 11 – indent 5 b (new)
– If the country-specific report on a Member State includes the statement by the expert panel that there is a serious and persistent breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(2) TEU. The Commission, the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall be made public.
Amendment 579 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – introductory part
Annex – Article 12 – introductory part
Amendment 584 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 1
Annex – Article 12 – indent 1
– the European Parliament shall holdorganise an inter-parliamentary debate on the basis of the DRF ScoreboardEuropean Report, and adopt a resolution;
Amendment 588 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 2
Annex – Article 12 – indent 2
– the Council shall hold an annual debate, building upon its Rule of Law Dialogue, on the basis of the DRF ScoreboardEuropean Report and adopt Council conclusions, inviting national parliaments to provide a response to the DRF ScoreboardEuropean Report, proposals or reforms;
Amendment 594 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 3
Annex – Article 12 – indent 3
– on the basis of the DRF ScoreboardEuropean Report, the recommendations of the European Parliament and the Council conclusions, the Commission may decide to launch a "systemic infringement" action under Article 2 TEU and Article 258 TFEU, bundling several infringement cases together;
Amendment 601 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 4
Annex – Article 12 – indent 4
– on the basis of the DRF ScoreboardEuropean Report, the recommendations of the European Parliament and the Council conclusions, the Commission may decide to submit a proposal for an evaluation of the implementation by Member States of Union policies in the area of freedom, security and justice under Article 70 TFEU.
Amendment 606 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.1
Annex – Article 12 – point 12.1
Amendment 610 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.2
Annex – Article 12 – point 12.2
Amendment 614 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – Point 12.2.1
Annex – Article 12 – Point 12.2.1
Amendment 621 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.3
Annex – Article 12 – point 12.3
Amendment 626 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.3.1
Annex – Article 12 – point 12.3.1
Amendment 630 #
2015/2254(INL)
Motion for a resolution
Annex – Article 13
Annex – Article 13
Amendment 632 #
2015/2254(INL)
Motion for a resolution
Annex – Article 14 – introductory part
Annex – Article 14 – introductory part
A systematic fundamental rightsn impact assessment on fundamental rights shall be included as an element of the impact assessment shall be carried out for all legislative proposals by the Commission, in accordance with Article 20 of the Interinstitutional Agreement on Better Regulation;
Amendment 636 #
2015/2254(INL)
Motion for a resolution
Annex – Article 14 – point 14.1
Annex – Article 14 – point 14.1
14.1 An independentThe expert panel, which shall be set up by the Commission, the Council and the European Parliament, shall assess DRF compliance of legislative proposals after the conclusion of interinstitutional negotiations and prior to their formal adoption in accordance with Article 12 of the Interinstitutional Agreement on Better Regulation. The panel shall provide advice during the interinstitutional negotiaby the institutions.
Amendment 641 #
2015/2254(INL)
Motion for a resolution
Annex – Article 15
Annex – Article 15
An interinstitutional impact assessment working group ('Working Group')shall be set up with a view to improving interinstitutional cooperation on impact assessments, and creating a fundamental rights and rule of law compliance culture. The panel shall consult with national experts at an early stage so as to better foresee the implementation challenges in Member States, as well as to help overcome different interpretations and understandings by the different institutions of the Union as regards the impact of fundamental rights and rule of law on legal acts of the Union. The Working Group shall build upon the "Guidelines on methodological steps to be taken to check fundamental rights compatibility at the Council preparatory bodies", 5377/15, Tool #24 from the Better Regulation Toolbox and Rule 38 of the Rules of Procedure of the European Parliament to ensure DRF compliance and promotion.
Amendment 644 #
2015/2254(INL)
Motion for a resolution
Annex – Article 16 – introductory part
Annex – Article 16 – introductory part
The Report with country specific recommendations shall replace the annual reports of the Commission, the Council and the European Parliament relating to enforcement and compliance with the rule of law and fundamental rights by the institutions of the Union, shall be included in the annual DRF policy cycle of the DRF Scoreboarduch as:
Amendment 645 #
2015/2254(INL)
Motion for a resolution
Annex – Article 16 – introductory part
Annex – Article 16 – introductory part
The annual reports of the Commission, the Council and the European Parliament relating to enforcement and compliance with the rule of law and fundamental rights by the institutions of the Union shall be included in the annual DRF policy cycle of the DRF scoreboardEuropean Report:
Amendment 651 #
2015/2254(INL)
Motion for a resolution
Annex – Article 16 –indent 3 a (new)
Annex – Article 16 –indent 3 a (new)
– Annual report on the situation of Fundamental rights in the EU.
Amendment 34 #
2015/2095(INI)
Motion for a resolution
Citation 38 a (new)
Citation 38 a (new)
- having regard the eighth biannual report on the functioning of the Schengen area adopted on 15 December 2015;
Amendment 78 #
2015/2095(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas there has been an alarming rise in violence against migrants in several Member States;
Amendment 89 #
2015/2095(INI)
Motion for a resolution
Recital F
Recital F
F. whereas solidarity can take the forms of internal and external solidarity; and whereas relocation, mutual recognition of asylum decisions, operational support measures, a pro-active interpretation of the current Dublin Regulation and the Temporary Protection Directive are all tools for internal solidarity, while resettlement, humanitarian admission and search and rescue at sea, as well as personalised assistance in the medium term for those wishing to return home, promote external solidarity;
Amendment 216 #
2015/2095(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that solidarity must be the principle upon which Union action by the Union and the Member States' governments on migration is based; notes that the principle of solidarity, as set out in Article 80 TFEU, covers asylum, immigration and border control policies; takes the view that Article 80 provides a legal basis ‘jointly’ with Articles 77-79 TFEU to implement the principle of solidarity in those areas;
Amendment 222 #
2015/2095(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Notes as well that solidarity between the Union and Member States should reflect solidarity of Member States towards the Union; funding should not be available for Member-States not complying with their share of responsibilities;
Amendment 224 #
2015/2095(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Takes the view that solidarity must be expressed both through the number of migrants received in relation to the national population and by ensuring humane reception conditions and respecting the fundamental rights of each individual; adds that any plundering of property, degrading treatment or ban on family reunification is intolerable in Member States aspiring to share European values;
Amendment 238 #
2015/2095(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that the saving of lives is an act of solidarity with those at risk, but that it is also a legal obligation under EU law, as established by Regulation 656/2014, and under international law, as Article 98 of the United Nations Convention of the Law of the Sea – ratified by all Member States and the Union itself – requires assistance to be given to any person in distress at sea;
Amendment 251 #
2015/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Suggests, in that respect, that search and rescue capacities must be strengthened, and that Member States’ governmentsthe government of each Member State must deploy more resources – in terms of financial assistance and assets – in the context of a Union-wide humanitarian operation, dedicated to finding, rescuing and assisting migrants in peril and bringing them to the closest place of safety;
Amendment 258 #
2015/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Suggests, in that respect, that in the short-term search and rescue capacities must be strengthened, and that Member States’ governments must deploy more resources – in terms of financial assistance and assets – in the context of a Union-wide humanitarian operation, dedicated to finding, rescuing and assisting migrants in peril and bringing them to the closest place of safety;
Amendment 276 #
2015/2095(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for a clear distinction to be made between those persons who are smuggled into the Unionenter the Union illegally and those who are trafficked into the Union because, while the policy response must be properly integrated, they must also be properly targeted; states that, in general terms, the criminal smuggling of migrants involves facilitating the irregular entry of a person to a Member State for monetary gain, whereas human trafficking involves the recruitment, transportation or reception of a person through the use of violent, deceptive or abusive means, for the purpose of exploitation;
Amendment 280 #
2015/2095(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the urgent need for a specific strategy to deal with unaccompanied minors, the prime victims of human trafficking, in close collaboration with the authorities in their countries of origin, NGOs and associations informed of these children's departure to Europe;
Amendment 281 #
2015/2095(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Suggests setting up a specific biometric database for unaccompanied minors to facilitate family reunification in Europe or their country of origin;
Amendment 303 #
2015/2095(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the positive role played by navy vessels in saving lives at sea and in disrupting criminal networks, smugglers and traffickers to date; supports the aims of navy operations such as Operation Sophia, and stresses the need to protect life, emphasising that all aspects of the operation should ensure that migrant lives are protected;
Amendment 341 #
2015/2095(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Regrets that, in the absence of real political will on the part of Member State governments, the effectiveness of the measures put in place by the agencies is starkly reduced, as is cooperation;
Amendment 400 #
2015/2095(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Highlights the urgent need for a specific strategy to deal with unaccompanied minors, who require special measures in terms of reception, medical supervision, schooling and personalised help in the event of readmission, relocation or return;
Amendment 648 #
2015/2095(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40a. Stresses that literacy, language and professional training programmes will bear fruit only in a few years; highlights the importance of ensuring the long-term provision of language and professional training for refugees and supporting financially and administratively efforts by big companies recruiting qualified workers which also offer refugees courses leading to qualifications;
Amendment 743 #
2015/2095(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. UnderstandReiterates that the safe return of those people who, following an individual assessment of their asylum application, are determined not to be eligible for protection in the Union is something that must be carried out as part of the proper implementation of the CEAS;
Amendment 749 #
2015/2095(INI)
Motion for a resolution
Paragraph 48 a (new)
Paragraph 48 a (new)
48 a. Recalls the importance of readmission agreements for a proper and just functioning of the Common European Asylum System and the Schengen area, along with a strengthened role of Frontex in joint return operations;
Amendment 763 #
2015/2095(INI)
Motion for a resolution
Paragraph 49 a (new)
Paragraph 49 a (new)
49 a. Reiterates that the Union databases, such as EURODAC and SIS II capabilities should be fully used in this regard;
Amendment 849 #
2015/2095(INI)
Motion for a resolution
Paragraph 58
Paragraph 58
58. Recommends that EASO be developed, in the long term, into a principal coordinator of the CEAS with a view to guaranteeing common application of the rules of that system, in particular taking into account the overhaul of the Dublin III regulation; reiterates that, as the CEAS becomes genuinely European, EASO needs to develop from a collection of experts from Member States into a fully- fledged Union agency providing operational support to Member States and at the external borders; emphasises, in that regard, that it must be provided with the necessary funding and human resources in the short, medium and long term;
Amendment 889 #
2015/2095(INI)
Motion for a resolution
Paragraph 64
Paragraph 64
64. Acknowledges that the integrity of the Schengen area and the abolishment of internal border controls are dependent on having effective joint management of external borders, with high common standards applied by all Member States at the external borders and an effective exchange of information between them;
Amendment 893 #
2015/2095(INI)
Motion for a resolution
Paragraph 64 a (new)
Paragraph 64 a (new)
64 a. Notes that the New Schengen Evaluation Mechanism is a key tool to ensure high common standards and that it should be vigorously used by the European Commission;
Amendment 906 #
2015/2095(INI)
Motion for a resolution
Paragraph 65 a (new)
Paragraph 65 a (new)
65 a. Recognizes Member-States competence to reintroduce internal border controls, while underlining that such measure is temporary in nature, requires articulation between Member States and should be used as a measure of last resort; regrets that isolated measures have been preferred to European action.
Amendment 1053 #
2015/2095(INI)
Motion for a resolution
Paragraph 87 a (new)
Paragraph 87 a (new)
87a. Emphasises the need for awareness- raising campaigns focused on unaccompanied children and the risks they face from smugglers, traffickers in human beings and the living conditions in the refugee camps;
Amendment 1170 #
2015/2095(INI)
Motion for a resolution
Paragraph 106 a (new)
Paragraph 106 a (new)
106a. Points out, on the basis of the statistics available, that a migration policy geared to the medium- and short-term needs of the Member States might provide a solution to the structural demographic problems and enable the migrant flow to be better managed.
Amendment 25 #
2015/2063(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the terrorist attacks in Paris, Copenhagen and Tunis in early 2015 highlight the security threat which is posed by the presence and movement of these foreign fighters in Europe; whereas the European Union has condemned these attacks in the strongest terms and has committed itself to combat terrorism alongside the Member States;
Amendment 61 #
2015/2063(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a number of instruments already exist in Europe to address the radicalisation of European citizens and whereas the European Union and its Member States should show they are makingmake full use of these;
Amendment 104 #
2015/2063(INI)
Motion for a resolution
Recital H
Recital H
H. whereas it is essential that fundamental rights and civil liberties be respected in all measures undertaken by the European Union; whereas the security of European citizens is not incompatible with guaranteeing their freedoms; whereas, indeed, these two principles are two sides of the same coin;
Amendment 191 #
2015/2063(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Supports the establishment of specialised European training for prison staff in order to teach them to detect radical behaviour; stresses the importance of training and appropriately training and recruiting prison chaplaiselecting external staff for prisons so that they can not only adequately meet prisoners’ cultural needs in prisons, but also counter radical discourse;
Amendment 193 #
2015/2063(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Supports the establishment of specialised European training for prison staff, including by CEPOL, in order to teach them to detect and prevent radical behaviour; stresses the importance of appropriately training and recruiting prison chaplains so that they can not only adequately meet prisoners' cultural needs in prisons, but also counter radical discourse;
Amendment 228 #
2015/2063(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that the internet plays a significant role in fuelling the radicalisation of European citizens, as it facilitates the rapid, large-scale distribution of hate messages and praise for terrorism; expresses concern at the impact that such messages praising terrorism have on young people, who are particularly vulnerable; calls for a dialogue to be launched at European levelEuropean strategy developed in cooperation with the internet giants to be implemented with a view to preventing the online distribution of hate messages and to eradicating them swiftly;
Amendment 237 #
2015/2063(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that the internet playis used as a significant role inplatform for fuelling the radicalisation of European citizensand fundamentalism, as it facilitates the rapid, large-scale distribution of hate messages and praise for terrorism; expresses concern at the impact that such messages praising terrorism have on young people, who are particularly vulnerable; calls for a dialogue to be launched at European level with the internet giancompanies, hotlines and experts with a view to preventing the online distribution of hate messages and to eradicating them swiftly;
Amendment 251 #
2015/2063(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Feels that the internet giants should be made aware of their responsibilities so that they delete illegal content as quickly as possiblenotify the competent authorities of content that may praise terrorism; believes that the Member States should plan for the possibility of bringing criminal prosecutions against digital actors who do not take action in response to the spread of illicit messages or messages praising terrorism on their internet platforms; believes that refusal or failure to cooperate on the part of internet platforms which allow such messages to circulate should be considered an act of complicity with praising terrorism and should consequently be punished;
Amendment 270 #
2015/2063(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Feels, however,Stresses that the internet is an effective platform for spreading discourse opposed to hate speech and praise for terrorismf respect of human rights and fundamental freedoms and opposed to violence; calls on the digital giantplatforms to cooperate with the Member States in order to take part in the spread of prevention messages calling for the development of critical thinking and for a process of deradicalisationidentify innovative legal ways for countering praise of terrorism and hate speech, thereby making online radicalisation more difficult;
Amendment 304 #
2015/2063(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Supports the introduction of measures enabling all internet users to easily and quickly flag illegal content circulating on the internet and on social media networks easily and quicklyand to report it to competent authorities, including through hotlines, while respecting basic freedoms and freedom of expression;
Amendment 313 #
2015/2063(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Feels that every Member State should set up a special unit tasked with flagging illicit content on the internet and with facilitating the detection and removal of content that does not conform to the host internet platform's charter and rules; proposes that such units could cooperate with a European unit responsible for dealing with flaggingemphasises the effective coordination role played by Europol and the need to increase its staffing and other resources;
Amendment 317 #
2015/2063(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Feels that everyEncourages Member State shoulds to set up a special unit tasked with flagging illicit contenthate speech and praise and recruitment for terrorism on the internet and with facilitating the detection and removal of content that does not conform to the host internet platform's charter and rules; proposes that such units could cooperate with a European unit responsible for dealing with flaggingthe EU-anti terrorism coordinator and the European Counter-Terrorism Centre within Europol;
Amendment 390 #
2015/2063(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that it is vital to engage in dialogue with the various religious communities in order to help reach a better understanding of the phenomenon of radicalisation; draws the Member States' attention to the issue of training religious leaders in order to prevent preachers of hate from appearing in places of worship in Europe, and also of training prison chaplains, particularly when they are around prisoners deemed to be radicalisedand to prevent radicalisation; stresses the important role that religious communities can play in countering fundamentalism, hate speech and terrorism propaganda;
Amendment 533 #
2015/2063(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reiterates its belief that the European Union must step up its external border controls as a matter of urgency; stresses that it will be impossible to effectively track the departures or arrivals of European citizens unlessentry and exit in the EU unless Member States implement the mandatory and systematic controls are introducedforeseen on the European Union's external borders; calls on the Member States to make a good use of existing instruments such as SIS and VIS, including in reference to stolen, lost and falsified passports; states that, to this end, one of the European Union's priorities must be reformingto better enforce the Schengen Code;
Amendment 551 #
2015/2063(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on Member States to share good practices in regard to exit checks on radicalised EU citizens and how to manage the return of citizens who have taken part in terrorist activities in conflict theatres abroad; supports in particular the possibility of Member States confiscating the passports of EU citizens planning to join terrorist organisations, according to their National Constitutions;
Amendment 601 #
2015/2063(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. States that a comprehensive approach to preventing the radicalisation and recruitment of EU citizens by terrorist organisations can only be successfully put in place if accompanied by measures to deradicalise EU citizens beguiled by terrorist rhetoric; calls on the European Union therefore to facilitate the sharing by Member States of good practices in regard to putting in place deradicalisation structures to prevent EU citizensto prevent them leaving the EU or to control their return thereto;
Amendment 4 #
2015/2010(INL)
Motion for a resolution
Recital B
Recital B
B. whereas the revelations showed that tax advisors have helpedobtained for multinational companies to obtain at least 548 tax rulings in Luxembourg between 2002 and 2010; whereas those secret deals feature complex financial structures designed to create substantial tax reductions; whereas the tax rulings provide written assurance that multinational companies’ tax-saving plans would be viewed favourably by Luxembourgcan, as envisaged by their initial objective, give taxpayers legal security in cases where tax legislation, or its particular application in certain circumstances, is not clear or is subject to divergent interpretations, particularly in the case of complex operations, and thus avoid future legal action between the taxpayer and the tax authorities; y;
Amendment 19 #
2015/2010(INL)
Motion for a resolution
Recital D
Recital D
D. whereas in many cases Luxembourg subsidiaries handling hundreds of millions of euros in business maintain little presence and conduct little economic activity in Luxembourg, with some addresses being home to more than 1,600 companies;
Amendment 87 #
2015/2010(INL)
Motion for a resolution
Recital T – point i
Recital T – point i
(i) whereas increased transparency regarding the activities of large multinational companies, and in particular regarding profits made, taxes on profit paid, subsidies received and tax returns, is essential for ensuring that tax administrations tackle BEPS efficiently; whereas one vital form for this transparency to take is country-by-country reporting where there is no risk that it may damage proposed investment projects in certain countries; whereas any Union proposals for country-by-country reporting should in the first instance be based onaligned with the OECD guidelines; whereas it is possible for the Union to go further than the OECD guidelines, and the European Parliament voted in favour of full public country-by- country reporting in its amendments adopted on 8 July 20151 on the proposal for a revised Shareholder Rights Directive; whereas the European Commission conducted a consultation on this subject between 17 June and 9 September 2015 in order to explore different options for the implementation of country-by-country reporting2 ; __________________ 1 Texts adopted of 8 July 2015, P8_TA(2015)0257. 2 http://ec.europa.eu/finance/consultations/2 015/further-corporate-tax- transparency/index_en.htm.
Amendment 94 #
2015/2010(INL)
Motion for a resolution
Recital T – point ii
Recital T – point ii
(ii) whereas some companies within the Union have already begun to demonstrate that they are fully tax compliant with national tax legislation by applying for and promoting their ownership of a 'Fair Tax Payer' label3 ; whereas firms and citizens alike across the Union would benefit from wider take-up of such labels by companies who are fully tax compliant in order to set a high standard for others to emulator the present only firms whose economic activities are confined exclusively to national territory may obtain such labels; whereas these labels are as diverse as national tax laws; whereas these labels are not assigned by the competent national tax authorities; whereas these labels do not exempt firms from tax audits; whereas only a label based on common criteria at European level which is issued by a European competent authority would make it possible to encourage firms to fully comply with their tax obligations in order to increase public confidence; __________________ 3 Such as the Fair Tax Mark: http://www.fairtaxmark.net/.
Amendment 103 #
2015/2010(INL)
Motion for a resolution
Recital T – point iv
Recital T – point iv
(iv) whereas there is evidence that Member States do not communicate sufficiently between themselves about the possible impact that their tax arrangements with certain companies might have on tax collection in other Member States; whereas national tax authorities should automatically exchange all tax rulings without delay after they have been issued; whereas tax rulings signed up to by tax authorities should be subject to greater transparency, providing that confidential information and business sensitive information is preserved;
Amendment 1 #
2015/0314(NLE)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. RejectApproves the Commission proposal as amended;
Amendment 2 #
2015/0314(NLE)
Draft legislative resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to withdraw its proposalconsider proposing a relocation programme for the benefit of Sweden to other EU member states;
Amendment 3 #
2015/0314(NLE)
Proposal for a decision
Recital 5
Recital 5
(5) Sweden faces an emergency situation characterised by a sudden inflow of nationals of third countries in its territory due to a sharp shift of migratory flows. On 8 December Sweden formally requested the suspension of its obligations under Council Decisions (EU) 2015/1523 and (EU) 2015/1601., having to face both challenges of being a country of first arrival and final destination;
Amendment 4 #
2015/0314(NLE)
Proposal for a decision
Recital 9
Recital 9
(9) Sweden has in 2015 by far the highest number of applicants for international protection per capita in the EU (11 503 applicants per million inhabitants). and as for March 2016 Sweden has received a total of 170.104 applicants, of which 73.331 are children, 36.181 being unaccompanied minors;
Amendment 5 #
2015/0314(NLE)
Proposal for a decision
Recital 10
Recital 10
(10) Sweden is also facing a difficult situation because of the significant recent increase in the number of unaccompanied minors, with one out of four applicants claiming to be an unaccompanied minor.unaccompanied minors, who have special needs and require additional resources in order to provide access to health care, dignified accommodation and education according to EU asylum rules;
Amendment 6 #
2015/0314(NLE)
Proposal for a decision
Recital 11
Recital 11
(11) The above situation has put a very significant strain on the Swedish asylum system, with serious practical consequences on the ground as regards the reception conditions and ability of the asylum system to deal with these applications. In order to help alleviate the significant pressure that Sweden is confronted with and to enable it to continue to receive refugees with dignity, the obligations of Sweden as a Member State of relocation under Council Decisions (EU) 2015/1523 and 2015/1601 should be suspended for the period of one year.
Amendment 7 #
2015/0314(NLE)
Proposal for a decision
Recital 11 a (new)
Recital 11 a (new)
(11a) The suspension is without prejudice to Sweden continuing to receive refugees;
Amendment 8 #
2015/0314(NLE)
Proposal for a decision
Article 3
Article 3
In order to support Sweden to better cope with the exceptional and disproportionate pressure on its asylum and migration systems, specific support shall be provided, as appropriate, to Sweden through relevant activities coordinated by EASO, including with deployment of hotspots if needed, and, if required, by other relevant Agencies
Amendment 86 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) verification that a person enjoying the right of free movement under Union law is not considered to be a threat to the internal security, public policy, international relations of any of the Member States or to public health, including by consulting the relevant Union and , national and international databases, in particular the Schengen Information System.
Amendment 111 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – subparagraph 4 a (new)
Article 7 – paragraph 2 – subparagraph 4 a (new)
Paragraph 2 shall not apply, on entry and exit, to persons enjoying the right to free movement under Union law when crossing external borders that are borders shared between different parts of the Union to which Union law on free movement applies in accordance, in particular, with Directive 2004/38/EC."
Amendment 116 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EC) No 562/2006
Article 7 – paragraph 3 – point b – point iii
Article 7 – paragraph 3 – point b – point iii
(iii) verification that the third-country national concerned is not considered to be a threat to public policy, internal security or international relations of any of the Member States, including by consulting the relevant Union and national and international relevant databases, in particular the Schengen Information System;
Amendment 666 #
2015/0270(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 c – paragraph 4 – subparagraph 2
Article 74 c – paragraph 4 – subparagraph 2
Member States mayshall provide that a participating DGS may considershall subtract the contributions that credit institutions affiliated to it paid into the DIF when setting the level of their ex-ante contributions or mayshall reimburse these credit institutions from its available financial means to the extent they exceed the amounts set out in Article 41j on the relevant date.
Amendment 38 #
2015/0269(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Certain issues in Directive 91/477/EEC need further improvement in a proportionate way to tackle arms trafficking for criminal or terrorist purposes.
Amendment 51 #
2015/0269(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 58 #
2015/0269(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Taking into consideration the high risk of reactivating badly deactivated weapons and in order to enhance security across the Union, deactivated firearms should be covered by this Directivethis Directive should lay down common standards for the definitive deactivation of dangerous firearms. Additionally, for the most dangerous firearms stricter rules should be introduced in order to ensure that those firearms are not allowed to be owned or traded. Those rules should also apply to firearms of that category even after they have been deactivated. Where those rules are not respected, Member States should take appropriate measures including the destruction of those firearms.
Amendment 61 #
2015/0269(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure the traceability of deactivated firearms, they should be registered in national registrregularly updated national registries accessible by each Member State’s law enforcement authorities.
Amendment 78 #
2015/0269(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Selling arrangements of firearms and their components by means of distance communication may pose a serious threat to security as they are more difficult to control than the conventional selling methods, especially as regards the on line verification of the legality of authorisations. It is therefore appropriate to limitmore effectively control the selling of arms and components by means of distance communication, notably internet, to dealers and brokers.
Amendment 84 #
2015/0269(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Furthermore, the risk of alarm weapons and other types of blank firing weapons being converted to real firearms is high, and in some of the terrorist acts converted arms were used. It is therefore essential to address the problem of the technical possibility of converteding firearms being used infor criminal offencpurposes, notably by including them in the scope of the Directivemposing stricter standards on the manufacturers of these weapons. Technical specifications for alarm and signal weapons as well as for salute and acoustic weapons should be adopted in order to ensure that they cannot be converted into firearms.
Amendment 110 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Directive 91/477/EEC
Article 2 – paragraph 1
Article 2 – paragraph 1
1a) Paragraph 1 is replaced by the following: "1. This Directive is without prejudice to the application of national provisions concerning the carrying of weapons, hunting or target shooting. , or to more stringent legislation on illegal arms sales." Or. fr (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:31991L0477)
Amendment 112 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 138 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall make the pursuit of the activity of dealer or broker within their territory conditional upon authorisation on the basis of at least a check of the private and professional integrity and of the abilities of the dealer or broker. In the case of a legal person, the check shall be on the legal person and on the person who directs the undertaking. This authorisation must be for a limited period and renewable only after thorough checking of the dealer's or broker's registers of sales and acquisitions.
Amendment 148 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 91/477/EEC
Article 4b – paragraph 1 – point b
Article 4b – paragraph 1 – point b
b) licensing or authorisation of the activities of brokers and dealers which shall be for a limited period and renewable subject to thorough checks.
Amendment 211 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 91/477/EEC
Article 10a – paragraph 1
Article 10a – paragraph 1
Member States shall take measures with regard to arms manufacturers and arms dealers to ensure that alarm and signal weapons as well as salute and acoustic weapons cannot be converted into firearms.
Amendment 239 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a – point i
Article 1 – paragraph 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – Category A – point 6
Annex I – part II – point A – Category A – point 6
Amendment 242 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a – point i
Article 1 – paragraph 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – Category A – point 7
Annex I – part II – point A – Category A – point 7
Amendment 248 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a – point i
Article 1 – paragraph 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – Category A – point 8
Annex I – part II – point A – Category A – point 8
Amendment 252 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a – point ii
Article 1 – paragraph 1 – point 13 – point a – point ii
Amendment 264 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Amendment 267 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 91/477/EEC
Annex I – part III – point b
Annex I – part III – point b
point (ba) is replaced by the following:deleted
Amendment 36 #
2015/0211(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In light of the very sharp increase that has been experienced since 2014 in the number of applications for international protection made in the Union and the resulting unprecedented pressure on Member States’ asylum systems the Union acknowledged the need to strengthen the application of the safe country of origin provisions of Directive 2013/32/EU, as an essential tool to support the swift processing of applications that are likely to be unfounded. In particular, in its conclusions of 25 and 26 June 2015, the European Council referred, in relation to the need to accelerate the treatment of asylum applications, to the intention of the Commission as set out in its Communication on a European Agenda on Migration8 to strengthen these provisions, including the possible establishment of an EU common list of safe countries of origin. Moreover, the Justice and Home Affairs Council in its conclusions on safe countries of origin of 20 July 2015 welcomed the intention of the Commission to strengthen the safe countries of origin provisions in Directive 2013/32/EU, including the possible establishment of an EU common list of safe countries of origin. __________________ 8__________________ 8 COM(2015) 240 final, 13.5.2015. COM(2015) 240 final, 13.5.2015.
Amendment 66 #
2015/0211(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Commission shouldall regularly review the situation in third countries that are on the EU common list of safe countries of origin. In case of sudden change for the worse in the situation of a third country on the EU common list, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union shouldall be delegated to the Commission in respect of suspending the presence of this third country from the EU common list for a period of one year where it considers, on the basis of a substantiated assessment, that the conditions set by Directive 2013/32/EU for regarding a third country as safe country of origin are no longer met. For the purpose of this substantiated assessment, the Commission shouldall take into consideration a range ofll sources of information at its disposal including in particular, its Annual Progress Reports for third countries designated as candidate countries by the European Council, regular reports from the European External Action Service (EEAS) and the information from Member States, the European Asylum Support Office (EASO), the United Nations High Commissioner for Refugees (UNHCR), the Council of Europe and other relevant international organisations. The Commission should be able to extend the suspension of the presence of a third country from the EU common list for a period of maximum one year, where it has proposed an amendment to this Regulation in order to remove this third country from the EU common list of safe countries of origin. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 69 #
2015/0211(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) If a third country loses its status as a safe country of origin on the common list, it must also lose its status as a safe country of origin on all national lists.
Amendment 75 #
2015/0211(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes an EU common list of third countries which shall be regarded as safe countries of origin within the meaning of Directive 2013/32/EU so that nationals of those countries are guaranteed access to international protection procedures.
Amendment 85 #
2015/0211(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Any amendment of the EU common list of safe countries of origin shall be adopted in accordance with the ordinary legislative procedure and immediately sent to the Member States and the relevant third countries.
Amendment 101 #
2015/0211(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Reintegration of a suspended third country from the EU common list in the event of a sudden, favourable change of situation One or more Member States can inform the Commission of a change of situation in a third country suspended from the common list if that country once again appears to comply with the conditions set out under Annex I of Directive 2013/32/EU; After consultation with its experts and on the basis of a proposal to Parliament and to the Council, the Commission can decide to reintegrate that country into the common list of safe countries of origin.
Amendment 111 #
2015/0211(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Article 4 – paragraph 1 – point 2
Directive 2013/32/EU
Article 37 – paragraph 1
Article 37 – paragraph 1
1. For the two years following the adoption of this regulation, Member States may retain or introduce legislation that allows, in accordance with Annex I, for the national designation of safe countries of origin other than those on the EU common list of safe countries of origin established by Regulation (EU) No XXXX/2015 [this Regulation] for the purposes of examining applications for international protection. They must notify the Commission of any changes made to their national list.
Amendment 67 #
2014/2158(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that one of the goals of competition policy is to foster the creation and development of firms and SMEs, as these represent a source of growth and jobs in Europe;
Amendment 68 #
2014/2158(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses the need to take appropriate competition and tax measures to help European industrial groups and SMEs cope with globalisation;
Amendment 85 #
2014/2158(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that competition policy instruments must not be misused as a means of implementing tax measures; urges the Commission to state clearly its concerns in the sphere of taxation;
Amendment 206 #
2014/2158(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses the importance of conducting a thorough analysis of each Member Stateʼs tax laws with a view to putting forward, in accordance with competition rules and in the context of globalisation, tax harmonisation measures which support SMEs and foster their growth and which ensure that Member States are competitive on world markets;
Amendment 274 #
2014/2158(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls on the Commission to draw up coordinated proposals on tax competition and to submit them to the Council;
Amendment 202 #
2014/2145(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights the fact that the current economic governance framework does nomust allow for a proper debate on the economic perspective of the euro area or on an aggregate fiscal stance and does not addressby taking into account the different economic and fiscal situations on an equal footing;
Amendment 399 #
2014/2145(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that structural reforms should have a positive socioeconomic return and, contribute to increased administrative capacity and promote growth and investment;
Amendment 682 #
2014/2145(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Requests that a reassessment of the Eurogroup’s decision-making process be conducted so as to provide for appropriate democratic accountability; believes that in the long term the Commissioner for Economic Affairs should assume the role of President of the Eurogrouppost of President of the Eurogroup should be entrusted to a person who is assigned solely to that task and is appointed for a sufficiently long term, to enable him or her to act effectively;
Amendment 813 #
2014/2145(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
Amendment 54 #
2014/2144(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Draws attention to the need to keep tax competition between MSs fair and transparent, and thus conducive to growth and employment, whilst ensuring that the European banking sector can remain competitive in global terms, in order to prevent tax flight away from the EU;
Amendment 107 #
2014/2144(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the MSs to consider pooling the proceeds from a financial transaction tax and using them as an own resource under the EU budget;
Amendment 152 #
2014/2144(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes country-by-country (CbC) reporting; calls on the Commission to introduce as a next step CbC reporting for cross-border companies in all sectors and in all the countries in which they operate, whilst ensuring that this does not impose an excessive additional administrative burden on the companies in question;
Amendment 198 #
2014/2144(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for authorities to suspend or revoke the banking licences of financial institutions if they are shown to be assisting in tax fraud;
Amendment 214 #
2014/2144(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls upon the Commission to intensify its use of EU state aid rules againsin order to keep competition fair and prevent aggressive tax planning;
Amendment 259 #
2014/2144(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Urges MSs, when introducing property taxes, to ensure the fundamental right of accommodation, by protecting the principal house of each taxpayer and encouraging the construction of new housing through the introduction of tailored tax incentives;
Amendment 276 #
2014/2144(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission and the MSs to reflect on new and innovative tax forms conducive to growth and employment; stresses that the debate on the FTT is crucial if it at least prompts consideration of the scope for generating own resources for the EU budget;
Amendment 8 #
2014/2006(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the Memorandum of understanding between the Council of Europe and the European Union;
Amendment 9 #
2014/2006(INI)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
- having regard to the Revised Statute of the European Commission for Democracy through Law;
Amendment 29 #
2014/2006(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. Whereas the Council of Europe and the European Union reaffirmed their commitment to strengthen their cooperation in areas of common interest, in particular the promotion and protection of pluralistic democracy, the respect for human rights and fundamental freedoms and the rule of law; to make full use of the specialised bodies such as the Venice Commission; and to develop appropriate forms of co-operation in response to new challenges;
Amendment 57 #
2014/2006(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to address Parliament’'s repeated request and propose an effective mechanism for the regular assessment of Member States’ compliance with the fundamental values of the EU, as set out in Article 2 TEU, providing a basis for an early warning toolcrisis situations with appropriate interventions should systematic breaches of the principles of democracy and rule of law occur, and should the appropriate checks and balances fail to function in a Member State; as well as a regular assessment of Member States' compliance with the fundamental values of the EU, as set out in Article 2 TEU, providing a basis for an early warning tool;
Amendment 65 #
2014/2006(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reiterates that any such a mechanism should be applied to all Member States on a uniform and equal footing, and should seek complementarity with the work of other international institutions, such as the Council of Europe and, in particular, its Venice Commission; calls for a role for the European Union Agency for Fundamental Rights in the assessment;
Amendment 67 #
2014/2006(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls for an increased, institutionalized cooperation between the European Parliament and the Venice Commission, invites the Parliament and the Council of Europe to develop an appropriate mechanism for submitting requests for opinion of particular concern to the Venice Commission and to ensure its participation in the work of the Venice Commission;
Amendment 68 #
2014/2006(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Deems it necessary to strengthen co- operation between the Committee on Civil Liberties, Justice and Home Affairs of the European Parliament and the Committee on Legal Affairs and Human Rights of the Council of Europe in the forms of regular and ad hoc meetings as well as to appoint focal points on both sides;
Amendment 70 #
2014/2006(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Council and the Member States to assume fully their responsibilities in relation to fundamental rights, as enshrined in the Charter and the relevant articles of the Treaties, in particular Articles 2, 6 and 7 TEU; believes that this is a pre-condition if the EU is to deal effectively with situations where the principles of democracy, rule of law and fundamental rights are curbed by Member States; calls for a role for the European Union Agency for Fundamental Rights in this mechanism, as well as for guidance to be drawn from the existing work of the various bodies of the Council of Europe;
Amendment 293 #
2014/0020(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 19 – indent 2
Article 5 – paragraph 1 – point 19 – indent 2
– closed-ended and unleveraged alternative investment funds ("AIF") as defined in Directive 2011/61/EUwhich are not leveraged on a substantial basis as defined in Directive 2011/61/EU, and more specifically in Article 111 of Commission Delegated Regulation (EU) No 231/201334a, where those AIFs are established in the Union or, if they are not established in the Union, they are marketed in the Union according to Articles 35 or 40 of Directive 2011/61/EU of the European Parliament and of the Council35, qualifying venture capital funds as defined in Article 3(b) of Regulation (EU) No 345/2013 of the European Parliament and of the Council36, qualifying social entrepreneurship funds as defined in Article 3(b) of Regulation (EU) No 346/201337 and AIF authorized as European long term investment funds (ELTIF) in accordance with Regulation (EU) No [XXX/XXXX]38]; __________________ 34aCommission Delegated Regulation (EU) No 231/2013 of 19 December 2012 supplementing Directive 2011/61/EU of the European Parliament and of the Council with regard to exemptions, general operating conditions, depositaries, leverage, transparency and supervision (OJ L 83, 22.3.2013, p. 1). 35Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010 (OJ L 174, 1.7.2011, p. 1). 36Regulation (EU) No 345/2013 of the European Parliament and of the Council of 17 April 2013 on European venture capital funds (OJ L 115, 25.4.2013, p.1). 37Regulation (EU) No 346/2013 of the European Parliament and of the Council of 17 April 2013 on European social entrepreneurship funds (OJ L 115, 25.4.2013, p. 18). 38 Regulation (EU) No xx/xxxx of the European Parliament and of the Council on European Long-term Investment funds, OJ L xx/xx.
Amendment 340 #
2014/0020(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The restrictions laid down in point (b) of paragraph 1 shall not apply with regard to closed-ended and unleveraged AIFs as defined in Directive 2011/61/EUAIFs which do not employ leverage on a substantial basis as defined in Directive 2011/61/EU, and more specifically in Article 111 of delegated Commission Regulation (EU) No 231/2013, where those AIFs are established in the Union or, if they are not established in the Union, they are marketed in the Union according to Articles 35 or 40 of Directive 2011/61/EU , to qualifying venture capital funds as defined in Article 3(b) of Regulation (EU) No 345/2013, to qualifying social entrepreneurship funds as defined in Article 3(b) of Regulation (EU) No 346/2013, and to AIFs authorized as ELTIFs in accordance with Regulation (EU) No [XXX/XXXX].
Amendment 385 #
2014/0020(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point i a (new)
Article 8 – paragraph 1 – point i a (new)
(ia) depository bank services
Amendment 588 #
2014/0020(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 – introductory part
Article 12 – paragraph 1 – subparagraph 1 – introductory part
A core credit institution that has been subject to a decision referred to in Article 10(3) may sell interest rate derivatives, foreign exchange derivatives, credit derivatives, emission allowances derivatives and commodity derivatives eligible for central counterparty clearing and emission allowances to its non- financial clients, to financial entities referred to in the second and third indents of point (19) of Article 5, to insurance undertakings and to institutions providing for occupational retirement benefiand emission allowances to its clients when the following conditions have been satisfied:
Amendment 784 #
2014/0020(COD)
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4(a). In the event of disagreement between the consolidating supervisor and the competent authority of the home Member State of the subsidiary for the purposes of reaching a decision by common agreement, the decision shall rest with the EBA pursuant to Article 19 of Regulation 1093/2010.
Amendment 173 #
2013/0306(COD)
Proposal for a regulation
Recital 45
Recital 45
Amendment 186 #
2013/0306(COD)
Proposal for a regulation
Recital 46
Recital 46
Amendment 201 #
2013/0306(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) External support provided to a MMF other than a CNAV MMF with the intention of ensuring either liquidity or stability of the MMF or de facto having such effects increases the contagion risk between the MMF sector and the rest of the financial sector. Third parties providing such supportThird parties providing external support to a MMF other than a CNAV MMF have an interest in doing so, either because they have an economic interest in the management company managing the MMF or because they want to avoid any reputational damage should their name be associated with the failure of a MMF. Because these third parties do not commit explicitly to providing or guaranteeing the support, there is uncertainty whether such support will be granted when the MMF needs it. In these circumstances, the discretionary nature of sponsor support contributes to uncertainty among market participants about who will bear losses of the MMF when they do occur. This uncertainty likely makes MMFs even more vulnerable to runs during periods of financial instability, when broader financial risks are most pronounced and when concerns arise about the health of the sponsors and their ability to provide support to affiliated MMFs. For these reasons, MMFs should not rely on external support in order to maintain their liquidity and the stability of their NAV per unit or share unless the competent authority of the MMF has specifically allowed the external support in order to maintain stability of financial markets.
Amendment 204 #
2013/0306(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Investors should be clearly informed, before they invest in a MMF, if the MMF is of a short-term nature or of a standard nature and if the MMF is of a CNAV type or not. In order to avoid misplaced expectations from the investor it must also be clearly stated in any marketing document that MMFs are not a guaranteed investment vehicle. CNAV MMFs should clearly explain to investors the buffer mechanism they are applying to maintain the constant NAV per unit or share.
Amendment 217 #
2013/0306(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) It is essential to carry out a review of this Regulation in order to assess the appropriateness of exempting certain CNAV MMFs that concentrate their investment portfolios on debt issued by the Member States from the requirement to establish a capital buffer that amounts to at least 3 % of the total value of the CNAV MMF’s assets. Therefore, dDuring the three years after the entry into force of this Regulation, the Commission should analyse the experience acquired in applying this Regulation and the impacts on the different economic aspects attached to the MMFs. The debt issued or guaranteed by the Member States represents a distinct category of investment displaying specific credit and liquidity traits. In addition, sovereign debt plays a vital role in financing the Member States. The Commission should evaluate the evolution of the market for sovereign debt issued or guaranteed by the Member States and the possibility to create a special framework for MMF that concentrate their investment policy on that type of debt.
Amendment 285 #
2013/0306(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(da) High-quality securitisation instruments;
Amendment 286 #
2013/0306(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d b (new)
Article 8 – paragraph 1 – point d b (new)
(db) Existing high-quality MMFs;
Amendment 361 #
2013/0306(COD)
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. A MMF shall invest no more than 510% of its assets in any of the following:
Amendment 377 #
2013/0306(COD)
Proposal for a regulation
Article 14 – paragraph 5 – introductory part
Article 14 – paragraph 5 – introductory part
5. Notwithstanding the individual limits laid down in paragraphs 1 and 3, a MMF shall not combine, where this would lead to investment of more than 105% of its assets in a single body, any of the following:
Amendment 505 #
2013/0306(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. In addition, in the case of CNAV MMFs, the stress tests shall estimate for different scenarios the difference between the constant NAV per unit or share and the NAV per unit or share, including the impact of the difference on the NAV buffer.
Amendment 539 #
2013/0306(COD)
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. The ‘constant NAV per unit or share’ shall be calculated as the difference between the sum of all assets of a CNAV MMF and the sum of all liabilities of a CNAV MMF valued in accordance with the amortised cost method (in accordance with existing rules on UCITS), divided by the number of outstanding units or shares of the CNAV MMF.
Amendment 575 #
2013/0306(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point a
Article 29 – paragraph 2 – point a
Amendment 579 #
2013/0306(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point a a (new)
Article 29 – paragraph 2 – point a a (new)
Amendment 581 #
2013/0306(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point b
Article 29 – paragraph 2 – point b
Amendment 586 #
2013/0306(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point c
Article 29 – paragraph 2 – point c
Amendment 595 #
2013/0306(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point f
Article 29 – paragraph 2 – point f
(f) the CNAV MMF has established clear and effective communication tools towards investors that ensure prompt information in relation to any use or replenishment of the NAV bufferregarding the implementation of liquidity fees, redemption portals and their conversion of the CNAV MMF;.
Amendment 599 #
2013/0306(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point g
Article 29 – paragraph 2 – point g
Amendment 610 #
Amendment 638 #
2013/0306(COD)
Proposal for a regulation
Article 31
Article 31
Amendment 654 #
2013/0306(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 666 #
2013/0306(COD)
Proposal for a regulation
Article 34
Article 34
Amendment 684 #
2013/0306(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. A CNAV MMF may not receive external support other than in the form and under the conditions laid down in Articles 30 to 34without the approval of the competent national authority of the CNAV MMF and, when appropriate, the existing sponsor.
Amendment 721 #
2013/0306(COD)
Proposal for a regulation
Article 37 – paragraph 4 – subparagraph 1 a (new)
Article 37 – paragraph 4 – subparagraph 1 a (new)
Furthermore, the CNAV MMF shall make the following information available to its investors: (a) the total value of assets; (b) the weighted average maturity (WAM) and the weighted average life (WAL); (c) the maturity breakdown; (d) the proportion of assets in the portfolio reaching maturity in one day; (e) the proportion of assets in the portfolio reaching maturity in one week; (f) the net yield; (g) the daily indicative value at the market rate to four decimal places; (h) information on the assets held in the MMF’s portfolio, such as the name, country, maturity and asset type (including details on the counterparty in the case of resale agreements).
Amendment 727 #
2013/0306(COD)
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
5. In addition to the information to be provided in accordance with paragraphs 1 to 4, a CNAV MMF shall explain clearly to investors and potential investors the use of the amortised cost method and/or of rounding. A CNAV MMF shall indicate the amount of its NAV buffer, the procedure to equalise the constant NAV per unit or share and the NAV per unit or share and shall state clearly the role of the buffer and the risks related to it. The CNAV MMF shall clearly indicate the modalities of replenishing the NAV buffer and the entity expected to fund the replenishment. It shall make available to investors all information concerning compliance with the conditions set out in Article 29(2)(a) to (g).
Amendment 737 #
2013/0306(COD)
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1 – point c
Article 38 – paragraph 2 – subparagraph 1 – point c
Amendment 759 #
2013/0306(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Within the six24 months following the date of entry into force of this Regulation, an existing UCITS or AIF that invests in short term assets and has as distinct or cumulative objectives offering returns in line with money market rates or preserving the value of the investment shall submit an application to its competent authority together with all documents and evidence necessary to demonstrate the compliance with this Regulation.
Amendment 767 #
2013/0306(COD)
Proposal for a regulation
Article 43 – paragraph 3
Article 43 – paragraph 3
Amendment 784 #
2013/0306(COD)
Proposal for a regulation
Article 43 – paragraph 4
Article 43 – paragraph 4
Amendment 130 #
2013/0025(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The use of the gambling sector to launder the proceeds of criminal activity is of concern. In order to mitigate the risks Gambling services with high payout ratios are at particular risk of being used for money laundering purposes; the risk is even grelated to the sector and to provide parity amongst the providers of gambling services, ar where these gambling services also have a high event frequency, where the outcome is not entirely subject to chance, and where very high stakes can be played for in a short period of time. An obligation for all providers of gambling services to conduct regular, if not enhanced, customer due diligence for single transactions (stakes and payouts) of EUR 2 000 or more should therefore be laid down. Member States should consider applying this threshold to the collection of winnings as well as wagering a stake. Providers of gambling services with physical premises (e.g. casinos and g, in any event wherever the average payout ratio exceeds 90 %. State-owned providers of gambling services with low average payout ratios, in any event whenever this ratio does not exceed 55 %, shall meet the requirements regarding customer due diligence for payouts of EUR 2 000 or more; this provision shall be without prejudice to Article 13. Gaming houses) should ensure that customer due diligence, if it is taken at the point of entry to the premises, can be linked to the transactions conducted by the customer on those premises.
Amendment 140 #
2013/0025(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In order to better understand and mitigate risks at European Union level, Member States should share the results of their risk assessments with each other, the Commission and EBA, EIOPA and ESMA, ESMA and Europol, where appropriate.
Amendment 175 #
2013/0025(COD)
Proposal for a directive
Recital 42 a (new)
Recital 42 a (new)
(42a) To allow competent authorities and obliged entities to better evaluate the risks arising from certain transactions, the Commission should draw up a list of the jurisdictions outside the European Union that have implemented rules and regulations similar to those laid down in this Directive.
Amendment 196 #
2013/0025(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3a) Member States may, after conducting risk analyses in accordance with Article 7, partially or in full exempt certain products provided by entities under (3) f). Before any exemption Member State shall seek the approval of the Commission.
Amendment 212 #
2013/0025(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 5 – point a – point i – paragraph 1
Article 3 – paragraph 1 – point 5 – point a – point i – paragraph 1
A percentage of 25% plus one share shall be evidence of ownership or control through shareholding and applies to every level of direct anshareholding of 25% plus one share in the customer held by a natural person shall be an indication of direct ownership. A shareholding of 25% plus one share in the customer, held by a corporate entity, which is under the control of a natural person(s), or by multiple corporate entities, which are under the control of the same natural person, shall be an indication of indirect ownership. The notion of control shall be determined, inter alia, in accordance with the criteria in Article 22(1) to (5) of Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated findirect ownership; ancial statements and related reports of certain types of undertakings [...][1]. [1] OJ L 182, 29.6.2013, p.19.
Amendment 217 #
2013/0025(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 5 – point a – point ii
Article 3 – paragraph 1 – point 5 – point a – point ii
(ii) if there is any doubt that the person(s) identified in point (i) are the beneficial owner(s), the natural person(s) who exercises control over the management of a legal entity through other means; or if after having taken all the necessary measures no person can be found under point (i), the natural person(s) who exercises control over the legal entity or its management through other means, which may include senior managing officials;
Amendment 219 #
2013/0025(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 5 – point a – point ii a (new)
Article 3 – paragraph 1 – point 5 – point a – point ii a (new)
(iia) where no natural person is identified under (i) or (ii), the identity of the relevant natural person who holds the position of senior managing official;
Amendment 222 #
2013/0025(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 5 – point b – point iii a (new)
Article 3 – paragraph 1 – point 5 – point b – point iii a (new)
(iiia) For trusts, the identity of the settlor, trustee(s), the protector (if any), the beneficiary or class of beneficiaries, and any other natural person exercising ultimate effective control over the trust (including through a chain of control or ownership);
Amendment 237 #
2013/0025(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall, in accordance with the risk assessment, ensure that the provisions of this Directive are extended in whole or in part to professions and to categories of undertakings, other than the obliged entities referred to in Article 2(1), which engage in activities which are particularly likely to be used for money laundering or terrorist financing purposes.
Amendment 279 #
2013/0025(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States shall make the results of their risk assessments available to the other Member States, the Commission, and EBA, EIOPA and ESMA, ESMA and Europol upon request.
Amendment 280 #
2013/0025(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that obliged entities take appropriate steps to identify and assess their money laundering and terrorist financing risks, in particular with the introduction of effective model risk management frameworks that include model development and implementation as well as effective validation taking into account risk factors including customers, countries or geographic areas, products, services, transactions or delivery channels. These steps shall be proportionate to the nature and size of the obliged entities.
Amendment 284 #
2013/0025(COD)
Proposal for a directive
Article 8 – paragraph 4 – point a
Article 8 – paragraph 4 – point a
(a) the development of internal policies, procedures and controls, including model risk management practices, customer due diligence, reporting, record keeping, internal control, compliance management (including, when appropriate to the size and nature of the business, the appointment of a compliance officer at management level) and employee screening;
Amendment 292 #
2013/0025(COD)
Proposal for a directive
Article 10 – paragraph 1 – point d – introductory part
Article 10 – paragraph 1 – point d – introductory part
(d) for providers of gambling services, when carrying out occasional transactions amounting to EUR 2 000 or more, whether the transaction is carried out in a single operation or in several operations which appear to be linked;
Amendment 302 #
2013/0025(COD)
Proposal for a directive
Article 10 – paragraph 1 – point d – indent 1 (new)
Article 10 – paragraph 1 – point d – indent 1 (new)
when carrying out occasional transactions amounting to EUR 2.000 or more, whether the transaction is carried out in a single operation or in several operations which appear to be linked;
Amendment 303 #
2013/0025(COD)
Proposal for a directive
Article 10 – paragraph 1 – point d – indent 2 (new)
Article 10 – paragraph 1 – point d – indent 2 (new)
- except in the case of lotteries organised by State-owned enterprises with low average payout ratios (in any event under 55 %); in this case, customer due diligence applies to payouts of EUR 2 000 or more.
Amendment 308 #
2013/0025(COD)
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Article 10a 1 Member States shall not require obliged entities to apply customer due diligence measures in respect of electronic money, as defined in Article 2(2) of Directive 2009/110/EC of the European Parliament and of the Council if all of the following conditions are fulfilled: (a) the payment instrument is not reloadable; (b) the maximum amount stored electronically does not exceed EUR 250, Member States may increase this limit up to EUR 500 for payment instruments that can only be used in that one particular Member State; (c) the payment instrument is used exclusively to purchase goods or services; (d) the payment instrument cannot be funded with electronic money. 2. Member States shall ensure that customer due diligence measures are always applied before redemption of the monetary value of the electronic money exceeding EUR 250.
Amendment 322 #
2013/0025(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Where a Member State or an obliged entity identifies areas of lower risk, that Member State may allow obliged entities to apply simplified customer due diligence measures. Providers of gambling services whose average payout ratio exceeds 90 % shall not be permitted simplified customer due diligence.
Amendment 341 #
2013/0025(COD)
Proposal for a directive
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
In respect of cross-frontier correspondent banking relationships with respondent institutions from third countries not subject to equivalent international standards, Member States shall, in addition to the customer due diligence measures as set out in Article 11, require their credit institutions to:
Amendment 356 #
2013/0025(COD)
Proposal for a directive
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2a. The Commission shall provide a list of jurisdictions having anti-money laundering measures equivalent to provisions of this Directive and other related rules and regulations of the Union.
Amendment 357 #
2013/0025(COD)
Proposal for a directive
Article 25 – paragraph 2 b (new)
Article 25 – paragraph 2 b (new)
2b. The list mentioned under paragraph 2 a shall be regularly assessed and updated according to the information received from Member States as mentioned under paragraph 2.
Amendment 366 #
2013/0025(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure that corporate or legal entities establishmpanies or any other legal person with a similar structure or function, trusts, foundations established or incorporated within their territory, obtain and holdr governed under their law, hold and transmit to a register adequate, accurate and current information on them and on their beneficial ownership., at the moment of establishment or any changes thereof;
Amendment 369 #
2013/0025(COD)
Proposal for a directive
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1a. Regarding trusts or other types of legal arrangements, existing or future, with a similar structure and function, the information shall also include the identity of the settlor, of the trustee(s), of the protector (if any), of the beneficiaries or class of beneficiaries, and of any other natural person exercising ultimate effective control over the trust. Member States shall ensure that trustees disclose their status to obliged entities when, as a trustee, the trustee forms a business relationship or carries out an occasional transaction above the threshold set out in points (b), (c) and (d) of Article 10.
Amendment 398 #
2013/0025(COD)
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall ensure that trustees of any express trust governed under their law obtain and hold adequate, accurate and current information on beneficial ownership regarding the trust. This information shall include the identity of the settlor, of the trustee(s), of the protector (if relevanty), of the beneficiaries or class of beneficiaries, and of any other natural person exercising ultimate effective control over the trust.
Amendment 405 #
2013/0025(COD)
Proposal for a directive
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Member States shall ensure that measures corresponding to those in paragraphs 1, 2 and 3 apply to other types of legal entity and arrangement with a similar structure andor function to trusts.
Amendment 444 #
2013/0025(COD)
Proposal for a directive
Article 39 – paragraph 1 – point b
Article 39 – paragraph 1 – point b
(b) in the case of business relationships and transactions, the supporting evidence and records, consisting of the original documents or copies admissible in court proceedings under the applicable national legislation for a period of five years following either the carrying-out of the transactions or the end of the business relationship, whichever period is the shortest. Upon expiration of this period, personal data shall be deleted, unless otherwise provided for by national law, which shall determine under which circumstances obliged entities may or shall further retain data. Member States may allow or require further retention only if necessary for the prevention, detection or investigation of money laundering and terrorist financing. The maximum retention period following either the carrying-out of the transactions or the end of the business relationship, whichever period ends first, shall not exceed ten years. The information may be retained for a longer period where it is necessary to do so in order to give effect to the commercial purposes of transactions or former relationship between the customer and the obliged entity.
Amendment 447 #
2013/0025(COD)
Proposal for a directive
Article 58 – paragraph 3
Article 58 – paragraph 3
3. Member States shall require obliged entities referred to in Article 2(1)(1) and (2) to have in place appropriate procedures for their employees to report breaches internally through a specific, independent and anonymous channel.
Amendment 449 #
2013/0025(COD)
Proposal for a directive
Article 40 a (new)
Article 40 a (new)
Amendment 463 #
2013/0025(COD)
Proposal for a directive
Article 43 – paragraph 3
Article 43 – paragraph 3
3. Member States shall ensure that, wherever practicable, timely feedback on the effectiveness of and follow-up to reports of suspected money laundering or terrorist financing is provided to obliged entities.
Amendment 483 #
2013/0025(COD)
Proposal for a directive
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Member States shall encourage their FIUs to use protected channels of communication between FIUs and to use the decentralised computer network FIU.net.
Amendment 486 #
2013/0025(COD)
Proposal for a directive
Article 53 – paragraph 2
Article 53 – paragraph 2
2. Member States shall ensure that, in order to fulfil their tasks as laid down in this Directive, their FIUs co-operate to apply sophisticated technologies in cooperation with Europol. These technologies shall allow FIUs to match their data with other FIUs in an anonymous way by ensuring full protection of personal data with the aim to detect subjects of the FIU's interests in other Member States and identify their proceeds and funds.
Amendment 492 #
2013/0025(COD)
Proposal for a directive
Article 54 – paragraph 1
Article 54 – paragraph 1
Member States shall ensure that their FIUs cooperate with Europol regarding analyses carried outof on-going cases having a cross-border dimension concerning at least two Member States.
Amendment 495 #
2013/0025(COD)
Proposal for a directive
Article 55 – paragraph 1
Article 55 – paragraph 1
1. Member States shall ensure that obliged entities can be held liable for breaches of the national provisions adopted pursuant to this Directive. The penalties must be effective, proportionate and dissuasive.
Amendment 496 #
2013/0025(COD)
Proposal for a directive
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Without prejudice to the right of Member States to impose criminal penalties, Member States shall ensure that competent authorities may take appropriate administrative measures and impose administrative sanctions where obliged entities referred to in Article 2(1)(1) and (2) breach the national provisions, adopted in the implementation of this Directive, and shall ensure that they are applied. Those measures and sanctions shall be effective, proportionate and dissuasive.
Amendment 497 #
2013/0025(COD)
Proposal for a directive
Article 56 – paragraph 1 – introductory part
Article 56 – paragraph 1 – introductory part
1. This Article shall at least apply to situations where obliged entities referred to in Article 2(1)(1) and (2) demonstrate systematic failings in relation to the requirements of the following Articles:
Amendment 498 #
2013/0025(COD)
Proposal for a directive
Article 56 – paragraph 1 – point b
Article 56 – paragraph 1 – point b
(b) 32, 33 and 34 (suspicious transaction reporting);
Amendment 501 #
2013/0025(COD)
Proposal for a directive
Article 56 – paragraph 2 – point d
Article 56 – paragraph 2 – point d
(d) a temporary ban against any member of the obliged entity's management bodymanagement body of the obliged entities referred to in Article 2(1)(1) and (2), who is held responsible, to exercise functions in institutions;
Amendment 518 #
2013/0025(COD)
Proposal for a directive
Article 58 a (new)
Article 58 a (new)
Article 58a 1. The processing of personal data for the purposes of this Directive shall be carried out in accordance with Directive 95/46/EC and, where relevant, Regulation (EC) No 45/2001. Any further processing of data for commercial purposes is prohibited. 2. Access by the data subject to information contained in a suspicious transaction report shall be prohibited. With the exception of the information contained in a suspicious transaction report, if a data subject's rights regarding their personal data are unduly limited or restricted by obliged entities or competent authorities, the data subject may refer the matter to their data protection authority in accordance with Directive 95/46/EC.
Amendment 523 #
2013/0025(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point 1 – point c a (new)
Annex 2 – paragraph 1 – point 1 – point c a (new)
(ca) beneficial owners of pooled accounts held by notaries and other independent legal professionals from the Member States, or from third countries provided that they are subject to requirements to combat money laundering or terrorist financing consistent with international standards and are supervised for compliance with those requirements and provided that the information on the identity of the beneficial owner is available, on request, to the institutions that act as depository institutions for the pooled accounts.
Amendment 525 #
2013/0025(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point 1 – point c a (new)
Annex 2 – paragraph 1 – point 1 – point c a (new)
(ca) Obliged entities where they are subject to requirements to combat money laundering and terrorist financing under this Directive and have effectively implemented those requirements;
Amendment 527 #
2013/0025(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point 2 – point e a (new)
Annex 2 – paragraph 1 – point 2 – point e a (new)
(ea) Long term purpose-orientated savings agreements, serving for instance as a safeguard for retirement provisions or for the acquisition of self-used real estate and where the incoming payments originate from a payment account which is identified according to article 11 and 12 of the directive.
Amendment 528 #
2013/0025(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point 2 – point e a (new)
Annex 2 – paragraph 1 – point 2 – point e a (new)
(ea) financial products low in value where repayment is conducted through a bank account in the name of the customer;
Amendment 531 #
2013/0025(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point 2 – point e b (new)
Annex 2 – paragraph 1 – point 2 – point e b (new)
(eb) non-face-to-face business relationships or transactions where the identity can be verified electronically;
Amendment 532 #
2013/0025(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point 2 – point e c (new)
Annex 2 – paragraph 1 – point 2 – point e c (new)
(ec) such products, services and transactions identified as low risk by the competent authorities of the home Member State of the obliged entities.
Amendment 534 #
2013/0025(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point 3 – point d a (new)
Annex 2 – paragraph 1 – point 3 – point d a (new)
(da) jurisdictions identified by the Commission having anti-money laundering measures equivalent to those laid down by this Directive and other related rules and regulations of the Union;
Amendment 17 #
2012/2130(INI)
Motion for a resolution
Citation 37
Citation 37
– having regard to the ongoing infringement proceedings in Case C- 288/12 brought by the European Commission against Hungary over the independence of the dlegality of the termination of the mandate of the former Commissioner for Data pProtection authoritystill pending before the European Court of Justice,
Amendment 29 #
2012/2130(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the obligations incumbent on candidate countries under the Copenhagen criteria continue to apply to the Member States after joining the EU by virtue of Article 2 TEU and the principle of sincere co-operation, and whereas all Member States should therefore be assessed on a regular basis in order to verify their continued compliance with the EU's common values;
Amendment 36 #
2012/2130(INI)
Motion for a resolution
Recital G
Recital G
G. whereas according to Article 7(1) TEU grants the EU institutions the power to assess whethermay determine that there is a clear risk of a serious breach of the commonby a Member State of the values referred to in Article 2 by a Member State, and to engage politically with the country concerned in order to prevent and redress violations, while the ultimate purpose of the means laid down in Article 7(2) and (3) TEU is to penalise and remedy any serious and persistent breach of common values; whereas before making such a determination, the Council shall hear the Member State in question and may address recommendations to it, acting in accordance with the same procedure;
Amendment 47 #
2012/2130(INI)
Motion for a resolution
Recital P
Recital P
Amendment 62 #
2012/2130(INI)
Motion for a resolution
Recital T a (new)
Recital T a (new)
Ta. whereas there is not a "best model" throughout the rich and diverse European constitutional heritage, yet in all Member States special constitutional procedures render constitutional amendment more difficult compared to procedures governing ordinary legislation, namely through the use of a qualified majority, additional decisional processes, time delays and referenda, according to national procedures;
Amendment 64 #
2012/2130(INI)
Motion for a resolution
Recital V
Recital V
Amendment 72 #
2012/2130(INI)
Motion for a resolution
Recital X
Recital X
X. whereas the adoption of the Fundamental Law of Hungary – which was passed on 18 April 2011, exclusively with the votes of the members of the governing coalition and on the basis of a draft text prepared by the representatives of the governing coalition – was conducted in the exceptionally short time frame of one month, thus restricting the possibilities for a thorough and substantial debate with the opposition parties and civil society on the draft text;
Amendment 77 #
2012/2130(INI)
Motion for a resolution
Recital Y
Recital Y
Amendment 81 #
2012/2130(INI)
Motion for a resolution
Recital Z
Recital Z
Amendment 83 #
2012/2130(INI)
Motion for a resolution
Recital AA
Recital AA
Amendment 93 #
2012/2130(INI)
Motion for a resolution
Heading I - Subheading 5
Heading I - Subheading 5
Amendment 95 #
2012/2130(INI)
Motion for a resolution
Recital AE
Recital AE
Amendment 97 #
2012/2130(INI)
Motion for a resolution
Recital AF
Recital AF
Amendment 103 #
2012/2130(INI)
Motion for a resolution
Recital AG
Recital AG
Amendment 105 #
2012/2130(INI)
Motion for a resolution
Recital AG
Recital AG
AG. whereas, under the Fundamental Law, the powers of the Constitutional Court to review budget-related law1989 constitutional regime the newly established Hungarian Constitutional Court received the broadest possible powers thave been substantially limited to violations of an exhaustive list of rights, thus obstructing the review of constitutionality in cases of breaches of other fundamental rights, such as the right to propet can be delegated to a court of its kind, and whereas after twenty years of jurisprudence there was a broad consensus – even by members of the Court – that the powers of the Constitutional Court should be revised; and whereas in several Member States does not even exist the institute of a separate constitutional court at all (e.g. among others in Finland or in Greece, or the Danish system of courtys, the right to a fair trial and the right not to be discriminated against; which are based on a unified structure, or in Ireland, where Supreme Court can deal with constitutional issues);
Amendment 108 #
2012/2130(INI)
Motion for a resolution
Recital AH
Recital AH
AH. whereas the Fourth Amendment of the Fundamental Law left untouched the already existing right ofintroduces for the first time an explicit reference enabling the Constitutional Court to review amendments to the Fundamental Law on procedural grounds, and whereas it excludes in the future the Court being able to review constitutional amendments on substantive grounds; ; whereas the Constitutional Court never had competence to review constitutional amendments on substantive grounds stated by the Constitutional Court in its interpretation several times; and whereas the assessment of the Venice Commission on the review of constitutional amendments by constitutional courts concludes that this is a rare feature of constitutional jurisdiction, and that "such a control cannot therefore be considered as a requirement of the rule of law" (paragraph 49 of Opinion No. 679/2012 on the Revision of the Constitution of Belgium); and whereas in several Member States the competences of the constitutional court is limited or restricted to a certain type of procedures, furthermore, there is no legal regulation for the competences of the constitutional court regarding the supervision of the constitution or any amendments thereof among others in Austria, Lithuania, Slovenia, France or Portugal;
Amendment 117 #
2012/2130(INI)
Motion for a resolution
Recital AM
Recital AM
AM. whereas the Commission initiated an infringement procedure against Hungary on 8 June 2012, declaring that Hungary had failed to fulfil its obligations under Directive 95/46/EC by removing the data protection supervisor from office before the end of the mandate, thus putting at risk the independence of the off; whereas the case is currently pending before the European Court of Justice;
Amendment 118 #
2012/2130(INI)
Motion for a resolution
Recital AN
Recital AN
Amendment 150 #
2012/2130(INI)
Motion for a resolution
Recital BO
Recital BO
Amendment 153 #
2012/2130(INI)
Motion for a resolution
Recital BQ
Recital BQ
BQ. whereas the Hungarian Authorities are in the process of reviewing the Fourth Amendment that imposes press restrictions as it bans all political advertising during electoral campaigns except for advertising in the public media;
Amendment 169 #
2012/2130(INI)
Motion for a resolution
Heading I - Subheading 11
Heading I - Subheading 11
Amendment 170 #
2012/2130(INI)
Motion for a resolution
Recital BX
Recital BX
Amendment 172 #
2012/2130(INI)
Motion for a resolution
Recital BY
Recital BY
Amendment 174 #
2012/2130(INI)
Motion for a resolution
Recital BZ
Recital BZ
Amendment 177 #
2012/2130(INI)
Motion for a resolution
Recital CA
Recital CA
Amendment 179 #
2012/2130(INI)
Motion for a resolution
Recital CB
Recital CB
Amendment 181 #
2012/2130(INI)
Motion for a resolution
Recital CC
Recital CC
Amendment 185 #
2012/2130(INI)
Motion for a resolution
Recital CD
Recital CD
Amendment 197 #
2012/2130(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 208 #
2012/2130(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 218 #
2012/2130(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Cconsiders that the extensive use of cardinal laws to regulate areas that are covered by ordinary laws in most Member States or to set forth very specific and detailed rules undermines the principles of democracy and the rule of law as it has enabled the current government, which enjoys the support of a qualifiedwhile having been a feature of the Hungarian constitutional and legal order since 1989, the extensive use of cardinal laws, the adoption of which requires a majority, of two set in stone political choices with the consequence of making it more difficult for any new future government having only a simple majority in the parliament to respond to social changes and thus of potentially diminishing the importance of new electionsthirds, in areas where European constitutional tradition does not warrant such an approach, should be re-evaluated, in order to ensure that future governments and parliamentary majorities be allowed to legislate in a meaningful and comprehensive manner;
Amendment 220 #
2012/2130(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 225 #
2012/2130(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. SharUnderlines the opinion of the Venice Commission (No CDL-AD(2012)01)016), according to which the adoption of a large amount of legislation in a very short time frame could explain why some of the new provisions do not comply with European standards; which "welcomes the fact that this new Constitution establishes a constitutional order based on democracy, the rule of law and the protection of fundamental rights as underlying principles. It notes that constitutions of other European States, such as Poland, Finland, Switzerland or Austria, have been used as a source of inspiration. A particular effort has been made to follow closely the technique and the contents of the ECHR and to some extent the EU Charter.";
Amendment 228 #
2012/2130(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 231 #
2012/2130(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the limitation of constitutional jurisdiction relating to the laws on the central budget and taxes is in contradiction with the requirements of democracy, the rule of law and the principle of judicial review, as it weakens the institutional and procedural guarantees for the protection of a number of constitutional rights and for controlling the parliament's and the government's powers in the budgetary fielcontrol of central budget by constitutional courts is not a common European standard;
Amendment 236 #
2012/2130(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 243 #
2012/2130(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 246 #
2012/2130(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is deeply concerned about this shift of powers in constitutional matters to the advantage of the parliament and to the detriment of the Constitutional Court, which severely undermineUnderlines that according to rule of law a democratically elected Parliament has the right and duty to adopt the Constitution and Laws, and the Constitutional Court has the principle of separation of powers and a correctly functioning systemght and duty to safeguard the compatibility of cthecks and balances, which are key corollaries of the rule of law laws with the Constitution;
Amendment 247 #
2012/2130(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 251 #
2012/2130(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 256 #
2012/2130(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes the factTakes note that the Commission has launched an infringement procedure against Hungary over the independence of the dlegality of the termination of the mandate of the former Commissioner for Data pProtection supervisor, which case is currently pending at the European Court of Justice;
Amendment 258 #
2012/2130(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 263 #
2012/2130(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 265 #
2012/2130(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 268 #
2012/2130(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Regrets, however, that not all the recommendations of the Venice Commission have been implemented, in particular as regards the need to limit discretionary powers of the President of the National Judicial Office in the context of the transfer of cases, which potentially affect the right to a fair trial and the principle of a lawful judge, while taking note that the Hungarian government is still in the process of reviewing the matter;
Amendment 285 #
2012/2130(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Expresses concern at the effectsWelcomes the ongoing review of the provision of the Fourth Amendment banning political advertising in the commercial media, as although the announced aim of this provision is to reduce political campaign costs and create equal opportunities for the parties, it jeopardises the provision of balanced information;
Amendment 312 #
2012/2130(INI)
Motion for a resolution
Heading II - Subheading 6
Heading II - Subheading 6
Amendment 314 #
2012/2130(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
Amendment 317 #
Amendment 319 #
2012/2130(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
Amendment 329 #
2012/2130(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
Amendment 340 #
2012/2130(INI)
Motion for a resolution
Paragraph 55
Paragraph 55
55. Expects all Member States to take the necessary steps, particularly within the Council of the European Union, to contribute loyally to the promotion of the Union's values and to cooperate with Parliament and the Commission in monitoring their observance, especially in the framework of the ‘Article 2 Trilogue’ referred to in paragraph 76;
Amendment 342 #
2012/2130(INI)
Motion for a resolution
Heading III - Subheading 3
Heading III - Subheading 3
Amendment 343 #
2012/2130(INI)
Motion for a resolution
Paragraph 56
Paragraph 56
Amendment 345 #
2012/2130(INI)
Motion for a resolution
Paragraph 57
Paragraph 57
Amendment 348 #
2012/2130(INI)
Motion for a resolution
Paragraph 58
Paragraph 58
Amendment 351 #
2012/2130(INI)
Motion for a resolution
Paragraph 59
Paragraph 59
Amendment 355 #
2012/2130(INI)
Motion for a resolution
Paragraph 60 – indent 1
Paragraph 60 – indent 1
– to inform Parliament of its assessment of the Fourth Amendment of the Fundamental Law and its impact on cooperation within the EU;
Amendment 357 #
2012/2130(INI)
Motion for a resolution
Paragraph 60 – indent 3
Paragraph 60 – indent 3
Amendment 360 #
2012/2130(INI)
Motion for a resolution
Paragraph 60 – indent 3
Paragraph 60 – indent 3
– to focus not only on specific infringements of EU law to be remedied notably through Article 258 TFEU, but to draw the consequences of a systemic change of the constitutional and legal system of a Member State where multiple and recurrent infringements unfortunately result in a state of legal uncertainty which not longer meets the requirements of Article 2 TEUas this is what is in its mandate under the Treaty;
Amendment 383 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – introductory part
Paragraph 61 – introductory part
61. Urges the Hungarian authorities to implement the following recommendations without any further delay, with a view to fully restoring the rule of law and its key requirements on the constitutional setting, the system of checks and balances and the independence of the judiciary, as well as strong safeguards for fundamental rights, including freedom of expression, media and religion and the right to propeall the measures the European Commission as the guardian of the treaties deems necessary in order to fully comply with EU law, to implement, as swiftly as possible, the recommendations of the Venice Commission and to ultimately enact the still pending judgments of the Hungarian Constitutional Courty:
Amendment 390 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 1
Paragraph 61 – indent 1
Amendment 399 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 2 a (new)
Paragraph 61 – indent 2 a (new)
- to reduce the recurrent use of cardinal laws in order to leave policy areas such as family, social, fiscal and budget to ordinary legislation and majorities;
Amendment 402 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 3
Paragraph 61 – indent 3
Amendment 404 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 3 a (new)
Paragraph 61 – indent 3 a (new)
- to insure the widest possible participation of all parliamentary parties in the constitutional process, even though the relevant special majority is held by the governing coalition alone;
Amendment 408 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 4
Paragraph 61 – indent 4
Amendment 416 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 5
Paragraph 61 – indent 5
Amendment 421 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 6
Paragraph 61 – indent 6
Amendment 437 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 9
Paragraph 61 – indent 9
– to fully restore and guarantee the independence of the judiciary by ensuring that the principles of irremovability and guaranteed term of office of judges, the rules governing the structure and composition of the governing bodies of the judiciary, as well as the safeguards on the independence of the Constitutional Court, are enshrined in the Fundamental Law;
Amendment 464 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 16
Paragraph 61 – indent 16
Amendment 477 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – subheading 5
Paragraph 61 – subheading 5
Amendment 482 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 20
Paragraph 61 – indent 20
Amendment 493 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – subheading 6
Paragraph 61 – subheading 6
Amendment 497 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 21
Paragraph 61 – indent 21
Amendment 502 #
2012/2130(INI)
Motion for a resolution
Paragraph 63
Paragraph 63
63. Firmly requestsDeems appropriate that Member States be regularly assessed on their continued compliance with the fundamental values of the Union and the requirements of democracy and the rule of law bearing in mind that such an assessment must be founded on a commonly accepted European understanding of constitutional and legal dynamic;
Amendment 507 #
2012/2130(INI)
Motion for a resolution
Paragraph 68
Paragraph 68
Amendment 510 #
2012/2130(INI)
Motion for a resolution
Paragraph 69
Paragraph 69
Amendment 512 #
2012/2130(INI)
Motion for a resolution
Paragraph 70
Paragraph 70
Amendment 514 #
2012/2130(INI)
Motion for a resolution
Paragraph 71 - introductory part
Paragraph 71 - introductory part
Amendment 515 #
2012/2130(INI)
Motion for a resolution
Paragraph 71 – indent 1
Paragraph 71 – indent 1
Amendment 516 #
2012/2130(INI)
Motion for a resolution
Paragraph 71 – indent 2
Paragraph 71 – indent 2
Amendment 517 #
2012/2130(INI)
Motion for a resolution
Paragraph 71 – indent 3
Paragraph 71 – indent 3
Amendment 518 #
2012/2130(INI)
Motion for a resolution
Paragraph 71 – indent 4
Paragraph 71 – indent 4
Amendment 520 #
2012/2130(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
Amendment 524 #
2012/2130(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
Amendment 526 #
2012/2130(INI)
Motion for a resolution
Paragraph 74
Paragraph 74
Amendment 532 #
2012/2130(INI)
Motion for a resolution
Paragraph 75
Paragraph 75
75. Calls on the Hungarian authorities to inform Parliament, the Commission, the Council Presidency and the Council of Europe of the procedure and the calendar they intend to follow for the implementation of the recommendations contained in paragraph 61n the implementation of the requested measures;
Amendment 540 #
2012/2130(INI)
Motion for a resolution
Paragraph 76
Paragraph 76
76. Invites the Commission and the Council to each designate a representative who, together with the Parliament's rapporteur (‘Article 2 Trilogue’), willto carry out an assessment of the information sent by the Hungarian authorities on the implementation of the recommendations contained in paragraph 61quested measures;
Amendment 542 #
2012/2130(INI)
Motion for a resolution
Paragraph 77
Paragraph 77
Amendment 17 #
2012/0060(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the access of third-country goods and services to the Union’s internal market in public procurement and concessions and procedures supporting negotiations on access of Union goods and services to the public procurement markets and to the concessions of third countries (Text with EEA relevance)
Amendment 20 #
2012/0060(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Within the context of the World Trade Organisation and throughwithin the framework of its bilateral relations, the Union advocatesupports an ambitious opening of international opening of the public procurement and concessions markets of the Union and of its tradinge partners, in a spirit of reciprocity and mutual benefit.
Amendment 23 #
2012/0060(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Many third countries are reluctant to open their public procurement markets and their concessions to international competition, or to open those markets further than what they have already done. As a result, Union economic operators face restrictive procurement and concessions practices in many of the trading partners of the Union. Those restrictive procurement practices result in the loss of substantial trading opportunities.
Amendment 25 #
2012/0060(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In accordance with Article 207 TFEU the common commercial policy in the field of public procurement and concessions is to be based on uniform principles.
Amendment 26 #
2012/0060(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In the interest of legal certainty for Union and third-country economic operators and contracting authorities/entities, the international market access commitments undertaken by the Union vis-à-vis third countries in the field of public procurement and concessions should be reflected in the legal order of the EU, thereby ensuring effective application thereof. The Commission should issue guidance on the application of the existing international market access commitments of the European Union. This guidance should be updated on a regular basis and provide easy to use information.
Amendment 28 #
2012/0060(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The objectives of improving the access of EUnion economic operators to the public procurement markets and the concessions of certain third countries protected by restrictive procurement measures and preserving equal conditions of competition within the European Single Market require that the treatment of third- country goodsupplies and services not covered by the international commitments of the Union be harmonised throughout the European Union.
Amendment 30 #
2012/0060(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The Commission should assess whether to approve that contracting authorities/entities within the meaning of Directives [2004/17/EC, 2004/18/EC and Directive [….] of the European Parliament and the Council of [….]….on the award of concession contracts] exclude, for contractprocedures for the award of contracts or concessions with an estimated value equal or above EUR 5.000.000 from procedures for the award of contracts goods and services not covered by the international commitments undertaken by the European Union.
Amendment 32 #
2012/0060(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) For the sake of transparency, contracting authorities/entities intending to make use of their power in accordance with this Regulation to exclude tenders comprising goods and/or services originating outside the European Union, in which the value of the non-covered goods or services exceeds 50 % of the total value of these goods or services from procedures for the award of contracts or concessions should inform economic operators thereof in the contract notice published in the Official Journal of the European Union.
Amendment 34 #
2012/0060(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) For contracts and concessions with an estimated value equal or above EUR 5.000.000 the Commission should approve the intended exclusion if the international agreement concerning market access in the field of public procurement or concessions between the Union and the country where the goods and/or services originate contains, for the goods and/or services for which the exclusion is proposed, explicit market access reservations taken by the Union. Where such an agreement does not exist, the Commission should approve the exclusion where the third country maintains restrictive procurement measuremeasures in the field of procurement or the award of concessions leading to a lack of substantial reciprocity in market opening between the Union and the third country concerned. A lack of substantial reciprocity should be presumed where restrictive procurement measuremeasures in the field of procurement or the award of concessions result in serious and recurring discriminations of EU economic operators, goods and services.
Amendment 36 #
2012/0060(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) When assessing whether a lack of substantial reciprocity exists, the Commission should examine to what degree the laws on public procurement lawand concessions of the country concerned ensure transparency in line with international standards in the field of public procurement and concessions and preclude any discrimination against Union goods, services and economic operators. In addition, it should examine to what degree public authorities and/or individual procuring entities maintain or adopt discriminatory practices against Union goods, services and economic operators.
Amendment 38 #
2012/0060(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Commission should be able to prevent the possible negative impact of an intended exclusion on on-going trade negotiations with the country concerned. Therefore, the Commission may, where a country is engaging in substantive negotiations with the Union concerning market access in the field of public procurement or concessions and the Commission considers that there is a reasonable prospect of removing the restrictive procurement or concessions practices in the near future, it should be able to adopt an implementing act providing that goods and services from that country should not be excluded from procedures for the award of contracts for a period of one year.
Amendment 39 #
2012/0060(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In view of the fact that the access of third country goods and services to the public procurement market of the Union and to its concessions falls within the scope of the common commercial policy, Member States or their contracting authorities/entities should not be able to restrict the access of third country goods or services to their tendering procedures by any other measure than the ones provided for in this Regulation.
Amendment 41 #
2012/0060(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The Commission should be able, on its own initiative or at the application of interested parties or a Member State, to initiate at any time an external procurement investigation into restrictive procurement and concessions practices allegedly maintained by a third country. In particular it shall take into account the fact that the Commission has approved a number of intended exclusions concerning a third country pursuant to Article 6(2) of this Regulation. Such investigative procedures should be without prejudice to Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community’s rights under international trade rules, in particular those established under the auspices of the World Trade Organisation.
Amendment 42 #
2012/0060(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Where the Commission has, on the basis of information available to it, reason to believe that a third country has adopted or maintains a restrictive procurement or concessions practice, it should be able to start an investigation. If the existence of a restrictive procurement practice in a third country is confirmed the Commission should invite the country concerned to enter into consultations with a view to improving the tendering opportunities for economic operators, goods and services in public procurement in that country.
Amendment 43 #
2012/0060(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Such measures may entail the mandatory exclusion of certain third- country goods and services from public procurement procedures or procedures for the award of concessions in the European Union, or may subject tenders made up of goods or services originating in that country to a mandatory price penalty. To avoid circumvention of these measures, it may also be necessary to exclude certain foreign-controlled or owned juridical persons established in the European Union, that are not engaged in substantive business operations such that it has a direct and effective link with the economy of a Member State concerned. Appropriate measures should not be disproportionate to the restrictive procurement practices to which they respond.
Amendment 44 #
2012/0060(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to reflect in the legal order of the European Union the international market access commitments undertaken in the field of public procurement and concessions after the adoption of this Regulation, the Commission should be empowered to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union amendments to the list of international agreements annexed to this Regulation. It is of particular importance that the Commission should carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 45 #
2012/0060(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In accordance with the principle of proportionality, it is necessary and appropriate for achievement of the basic objective of establishing a common external policy in the field of public procurement and concessions to lay down rules on the treatment of goods and services not covered by the international commitments of the European Union. This Regulation on the access of third-country economic operators, goods and services does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the third paragraph of Article 5 of the Treaty on European Union,
Amendment 46 #
2012/0060(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules on the access of third-country goods and services to the award of contracts and concessions for the execution of works or a work, the supply of goods and the provision of services, depending on the kind of contract in question, by Union contracting authorities/entities, and establishes procedures supporting negotiations on access of Union goods and services to the public procurement markets and the concessions of third countries.
Amendment 49 #
2012/0060(COD)
Proposal for a regulation
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
This Regulation shall apply to the award of contracts where the goods or services are procured for governmental purposes and to the award of concessions for services provided for governmental purposes and not with a view to commercial resale or with a view to use in the production of goods or in the provision of services for commercial sale.
Amendment 50 #
2012/0060(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point -a (new)
Article 2 – paragraph 1 – point -a (new)
(-a) 'economic operator' means any natural or legal person or public entity or group of such persons and/or entities, including temporary associations of undertakings, which offers the execution of works and/or a work, the supply of products or the provision of services on the market;
Amendment 52 #
2012/0060(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘covered goods or services’ means a good or service originating in a country with which the Union has concluded an international agreement in the field of public procurement and concessions including market access commitments and in respect of which the relevant agreement applies. Annex I to this Regulation contains a list of relevant agreements; (This amendment applies to the whole of the legislative text (addition of the reference to concessions whenever public procurement is mentioned); adoption of the regulation will entail technical changes throughout the text).
Amendment 61 #
2012/0060(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) a ‘mandatory price penalty’ shall refer to an obligation for contracting entities to increase, subject to certain exceptions, the price of services and/or goods originating in certain third countries that have been offered in contract award procedures or concession award procedures. (This amendment applies to the whole of the legislative text (addition of the reference to ‘concession award procedures’ whenever there is mention of ‘contract award procedures’, in the singular or the plural); adoption of the regulation will entail technical changes throughout the text).
Amendment 64 #
2012/0060(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
When awarding contracts for the execution of works and/or a work, the supply of goods or the provision of services, or when awarding concessions for the execution of work or the provision of services, contracting authorities/entities shall treat covered goods and services equally to goods and services originating in the European Union.
Amendment 80 #
2012/0060(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 4 – point b
Article 6 – paragraph 2 – subparagraph 4 – point b
(b) a description of the object of the contract; or concession; (This amendment applies to the whole of the legislative text (addition of the term ‘concession’ to the term ‘contract’, in the singular or the plural); adoption of the regulation will entail technical changes throughout the text).
Amendment 90 #
2012/0060(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 – point b
Article 6 – paragraph 4 – subparagraph 1 – point b
(b) where an agreement referred to in point (a) does not exist and the third country maintains restrictive procurement or concession award measures leading to a lack of substantial reciprocity in market opening between the Union and the third country concerned. (This amendment applies to the whole of the legislative text (addition of ‘concession award’ whenever there is a reference to ‘procurement’); adoption of the regulation will entail technical changes throughout the text).
Amendment 126 #
2012/0060(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Amendment 405 #
2012/0011(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Where a service provider processes personal data without being able to access this data by means that are technically feasible, do not involve a disproportionate effort, and reasonably likely to be used by the service provider to gain knowledge of the content of such data, such service providers should be deemed to be a neutral intermediary or mere conduit pursuant to Article 12 of Directive 2000/31/EC, who are not responsible for any personal data transmitted or otherwise processed or made available through them.
Amendment 645 #
2012/0011(COD)
Proposal for a regulation
Recital 127 a (new)
Recital 127 a (new)
(127a) For purposes of legal certainty, this Regulation should not lead to conflicts with sector-specific legislation concerning legal obligations and non- legal requirements and recommendations flowing from such sectorial legislation, for example in health or banking sector.
Amendment 663 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 2 – subparagraph 1 a (new)
Article 2 – paragraph 2 – subparagraph 1 a (new)
If the provisions of this Regulation conflict with a provision of another Union act governing specific aspects of processing of personal data in specific sectors, the provision of the other Union act shall prevail and shall apply to those specific sectors.
Amendment 1076 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point j
Article 9 – paragraph 2 – point j
(j) processing of data relating to criminal convictions or related security measures is carried out either under the control of official authority or when the processing is necessary for compliance with a legal or regulatory obligation or orders and recommendations of competent organizations as well as the requirements of supervisory authorities to which a controller is subject, or for the performance of a task carried out for important public interest reasons, and in so far as authorised by Union law or Member State law providing for adequate safeguards. A complete register of criminal convictions shall be kept only under the control of official authority.
Amendment 1707 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 4 a (new)
Article 22 – paragraph 4 a (new)
Amendment 1708 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 4 b (new)
Article 22 – paragraph 4 b (new)
4b. The main establishment designated under paragraph 4 subpoint 1 shall be responsible to the supervisory authority of the Member State in which that main establishment is established, for the implementation of the provisions of this Regulation by all of the controller's or processor's establishments within the territory of the Union.
Amendment 2575 #
2012/0011(COD)
Proposal for a regulation
Article 50
Article 50
The members and the staff of the supervisory authority shall be subjectbound, both during and after their term of office, to a duty ofby the obligation for professional secrecy with regard to any confidential information in conformity with national legislation and practice which has come to their knowledge in the course of their performance of their official duties.
Amendment 2580 #
2012/0011(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Where the processing of personal data takes place in the context of the activities of an establishment of a controller or a processor in the Union, and the controller or processor is established in more than one Member Statehas designated a main establishment in accordance with Article 22a, the supervisory authority of the main establishment of the controller or processor shall be solely competent for the supervision of all the processing activities of the controller or the processor in all Member States, without prejudice to the provisions of Chapter VII of this Regulation.
Amendment 2588 #
2012/0011(COD)
Proposal for a regulation
Article 51 – paragraph 2 a (new)
Article 51 – paragraph 2 a (new)
2a. In situations referred to in Article 3(2) and where the controller has designated a representative in the Union pursuant to Article 25, the supervisory authority of the establishment of the representative shall be solely competent for the supervision, in all Member States, of all processing activities that are carried out by or on behalf of that controller.
Amendment 2599 #
2012/0011(COD)
Proposal for a regulation
Article 51 – paragraph 3 a (new)
Article 51 – paragraph 3 a (new)
3a. Subject to paragraph 5, each supervisory authority shall receive and transmit to the competent supervisory authority as defined in paragraph 2 any request sent to it by a data subject resident of that Member State and whose data are processed or likely to be processed by a controller or a processor established in another Member State. The competent supervisory authority shall inform and cooperate with the supervisory authority of the data subject in accordance with Articles 55.
Amendment 2658 #
2012/0011(COD)
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. In cases where data subjects in several Member States are likely to be adversely affected by processing operations, a supervisory authority of each of those Member States shall have the right to participate in the joint investigative tasks or joint operations, as appropriate. The competent supervisory authority shall invite the supervisory authority of each of those Member States to take part in the respective joint investigative tasks or joint operations and respond to the request of a supervisory authority to participate in the operations without delay.
Amendment 2665 #
2012/0011(COD)
Proposal for a regulation
Article 58 – paragraph 2 – point a
Article 58 – paragraph 2 – point a
(a) relates to processing activities of personal data which are related to the offering of goods or services specifically targeted ato data subjects in several Member States, or to the monitoring of their behaviourin accordance of Article 3 (2) and where the controller has not designated a representative in the Union; or
Amendment 2667 #
2012/0011(COD)
Proposal for a regulation
Article 58 – paragraph 2 – point c
Article 58 – paragraph 2 – point c
Amendment 2735 #
2012/0011(COD)
Proposal for a regulation
Article 66 – paragraph 1 – introductory part
Article 66 – paragraph 1 – introductory part
1. The European Data Protection Board shall ensure the consistent application of this Regulation. To this effect, the European Data Protection Board shall, on its own initiative or, at the request of the European Parliament, Council or Commission, in particular:
Amendment 2755 #
2012/0011(COD)
Proposal for a regulation
Article 66 – paragraph 4 a (new)
Article 66 – paragraph 4 a (new)
4a. Where appropriate, the European Data Protection Board shall, in its execution of the tasks as outlined in this Article, consult interested parties and give them the opportunity to comment within a reasonable period. The European Data Protection Board shall, without prejudice to Article 72, make the results of the consultation procedure publicly available.
Amendment 2835 #
2012/0011(COD)
Proposal for a regulation
Article 77 – paragraph 3
Article 77 – paragraph 3
3. The controller or the processor may be exempted from this liability, in whole or in part, if the controller or the processor proves that they are not responsible for the event giving rise to the damage or if the controller does not have actual knowledge of the event giving rise to the claim for compensation.
Amendment 2838 #
2012/0011(COD)
Proposal for a regulation
Article 77 – paragraph 3 a (new)
Article 77 – paragraph 3 a (new)
3a. If a processor processes personal data other than as instructed by the controller, he may be held liable should any person suffer damage as a result of such processing.
Amendment 2 #
2011/2246(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to Protocol No 29, annexed to the TEU, on the system of public broadcasting in the Member States,
Amendment 4 #
2011/2246(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the independent study, conducted at the Commission's request, in which a Media Monitoring Tool is defined with indicators to highlight threats to media pluralism,
Amendment 8 #
2011/2246(INI)
Motion for a resolution
Citation 7
Citation 7
– having regard to its resolutions of 20 November 2002 on media concentration2 , of 4 September 2003 on the situation as regards fundamental rights in the European Union (2002)3 , of 4 September 2003 on Television without Frontiers4 , of 6 September 2005 on the application of Articles 4 and 5 of Directive 89/552/EEC (‘Television without Frontiers’), as amended by Directive 97/36/EC, for the period 2001-20025 , of 22 April 2004 on the risks of violation, in the EU and especially in Italy, of freedom of expression and information (Article 11(2) of the Charter of Fundamental6 , of 25 September 2008 on concentration and pluralism in the media in the European Union7 , of 25 November 2010 on public service broadcasting in the digital era: the future of the dual system, and of 10 March 2011 on media law in Hungary8 ,
Amendment 32 #
2011/2246(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the changes in the media world and in communication technologies have redefined the arena of information exchange and the way in which people are informed and public opinion is shaped;
Amendment 34 #
2011/2246(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas a vibrant, competitive and pluralistic (audiovisual and written) media landscape stimulates the participation of citizens in public debate, which is essential for a well-functioning democratic system;
Amendment 41 #
2011/2246(INI)
Motion for a resolution
Recital G
Recital G
G. whereas on 16 January 2007 the Commission launched a ‘three-step approach’, comprising a Commission Staff Working Paper on Media Pluralism, an independent study on media pluralism in EU Member States, with indicators for assessing media pluralism and identifying potential risks in the EU Member States (in 2007), and a Commission Communication on the indicators for media pluralism in the EU Member States (in 2008), followed by a public consultation12 ;
Amendment 53 #
2011/2246(INI)
Motion for a resolution
Recital L
Recital L
L. whereas concerns arise in relation to the challenges facing public service broadcastersand private media in terms of editorial independence, staff recruitment, pluralism, neutrality and quality of information, access and funding, caused by undue political and financial interference, as well as the economic crisis;
Amendment 61 #
2011/2246(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas the speeding up of the news cycle has led to severe shortcomings of journalists, such as the omission of controlling and double-checking journalistic sources;
Amendment 78 #
2011/2246(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Member States for the devising of procedures and mechanisms for the selection and appointment of media heads, management boards, media councils and regulatory bodies that are transparent, based on merit and indisputable experience and that ensure professionalism, integrity, independence, consensus across the political and social spectrum and continuilegal certainty, instead of political or partisan criteria in the framework of a spoil system linked to the results of elections or the will of those in power;
Amendment 92 #
2011/2246(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. RUnderlines the fundamental role of a genuinely balanced European dual system, in which private and public service media play their respective roles; recalls the important role of the public service media, funded by citizens through the State, and their institutional duties to provide high quality and accurate and reliable information; stresses that the private media have similar duties in relation to information, notablyin particular information of institutional and political nature, in particular on the occasionsuch as in the context of elections, referenda, etc;
Amendment 99 #
2011/2246(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the importance of appropriate, proportionate and stable funding for public service media in order to guarantee political and economical independence, so that public service media may fulfil their full remit - including their social, educational, cultural and democratic role - and that they are able to adapt to digital change and contribute to an inclusive information and knowledge society with representative, high- quality media available to all;
Amendment 112 #
2011/2246(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that media ownership and management should be transparent and not concentrated; calls on the Commission and the Member States to ensure competition so as to address and prevent dominant positions and guarantee the access of new entrants on the market; calls for rules to ensure that conflicts of interest are properly addressed and resolved; highlights that advertising and sponsoring mayshould never cause interference with the editorial line of media;
Amendment 130 #
2011/2246(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the importance of ensuring the independence of journalists, both from internal pressures from editors or owners and externally from political or economic lobbies or other interest groups; highlights the fact that the right of access to documents and information is fundamental and calls for and points at the importance of editorial charters to prevent owners, governments or external stakeholders from interfering with news content; highlights the fact that the right of access to documents and information is fundamental and calls upon the Member states to establish a solid and extensive legal framework with regard to freedom of governmental information and access to public documents; appeals to the Member States to provide legal guarantees regarding the full protection of the confidentiality of sources principle and calls for the strict application of the European Court of Human Rights case-law in this area, including in relation to whistle-blowing; calls for journalists to be protected from threats and violence, as investigative journalists are often threatened as a result of their activities; highlights the need to support and promote investigative journalism and to promote ethical journalism in the media by developing professional standardsurges the Member States and the European Commission to come up with mechanisms to support and appropriate redress procedures; mote independent investigative journalism;
Amendment 135 #
2011/2246(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that an increasing number of journalists find themselves employed under precarious conditions, lacking social guarantees common on the normal job market and calls for an improvement of the working conditions of media professionals;
Amendment 151 #
2011/2246(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Emphasises the growing importance of news aggregators, search engines and other intermediaries in the dissemination and access to information and news content on the internet and calls upon the Commission to include these internet actors in the EU regulatory framework when revising the Audiovisual Media Services Directive in order to tackle the problems of discrimination of content and distortion of source selection;
Amendment 154 #
2011/2246(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Encourages the Commission and the Member States – in the framework of the Commission's media literacy policy – to pay sufficient attention to the importance of media education to provide citizens with the skills of critical interpretation and the ability to sift through the ever- growing volume of information;
Amendment 156 #
2011/2246(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Calls on the Commission to check whether the Member States allocate their broadcasting license on the basis of objective, transparent, non-discriminating and proportional criteria;
Amendment 168 #
2011/2246(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to institutionalise EU-level cooperation and coordination on the media, for instance by establishing a European regulators' group for audiovisual media services, and to harmonise the status of the national regulatory authorities provided for in Articles 29 and 30 of the Audiovisual Media Services Directive (AVMSD) and strengthen their role in the next revision of the AVMSD, ensuring that they are independent, impartial and transparent as regards their decision-making processes, the exercise of their powers and the monitoring process, and that they have appropriate sanctioning powers to ensure that their decisions are implemented;
Amendment 191 #
2011/2246(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls the Commission and the Member States to ensure transparency in media ownership and to ascertain whether public funds are used efficiently by Member States in relation to the public service media;
Amendment 199 #
2011/2246(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recognises the changing media landscape in particular in the digital environment and the increasing dominant position of major technological companies, including search engines, which could result in unfair competition with the press sector and breach of copyright legislation; calls on the Commission to ensure that EU competition and copyright rules are enforced in this respect;
Amendment 1 #
2011/2085(INI)
Draft opinion
Recital A (new)
Recital A (new)
A. whereas services represent around 75% of EU GDP and 70% of total employment in the EU and while services covered by the Services directive account for 45% of GDP and 43% of employment in the EU, intra-EU trade in services represents only 5% of GDP and only 8% of SMEs are currently doing business abroad,
Amendment 5 #
2011/2085(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that the full potential of the Single Market has not yet been realised and that the Services Directive is an important tool in further unlocking this potential for sustainable and socially inclusive growth and jobs;
Amendment 49 #
2011/2071(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Emphasises the need to reinforce and institutionalize the Macroeconomic Social Dialogue and considers that social partners must be involved in the development of actions the European Commission wants to undertake in the context of the European Semester and the implementation of the new economic governance; social partners shall address an opinion or, if appropriate, a recommendation to the Commission about these actions;
Amendment 49 #
2011/2048(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the exclusion of service concessions from the scope of European procurement rules; notes the Commission’s intention to propose separate legislation on service concessions; takes the view that this should be dealt with in the review of the directives only in order to avoid any further fragmentation of the legislationreiterates that due account must be taken of both the complexity of the procedures and the differences between the Member States in terms of legal culture and practice with regard to service concessions; takes the view that the process of defining the term ‘service concession’ and establishing the legal framework governing such concessions has evolved as a result of the 2004 public procurement directives and the CJEU’s supplementary case-law; insists that any proposal for a legal act dealing with service concessions would be justified only with a view to remedying distortions in the functioning of the internal market; points out that such distortions have not hitherto been identified, and that a legal act on service concessions is therefore unnecessary as long as it is not geared to an identifiable improvement in the functioning of the internal market;
Amendment 70 #
2011/2048(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes the view that, in order to develop the full potential of public procurement, the criterion of the lowest price should be removed, and that in principle there should be only one option for the award of contracts:no longer be the determining factor for the award of contracts and that it should in general be replaced by that of the most economically advantageous tender –, including the entire life-cycle costs of the relevant goods, services or works – should be chosen;
Amendment 154 #
2011/2048(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Advocates thatassessing whether the negotiated procedures with prior announcement be allowed as a standardEU wide publication might be allowed beyond what current directives foresee; underlines that the negotiated procedure in its current form is the least transparent of all procurement procedures; accordingly takes the view that further safeguards against abuse should be introduced in the form of requirements for written documentation; urges the Commission to include more flexible provisions for framework agreements in the directives; if any extension of the scope of the negotiated procedure should be envisaged further safeguards against abuse should be introduced, e. g. an obligation of a contracting authority to establish at least some minimum conditions regarding the performance of the procedure to any bidder at the outset, as is the case also in sound private procurement, and to set up requirements for written documentation;
Amendment 157 #
2011/2048(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Reiterates its insistence on the systematic admission of alternative bids (or variants), as they are crucial to promoting and disseminating innovative solutions; stresses that specifications referring to performance and functional requirements and the express admission of variants give tenderers the opportunity to propose innovative solutions, particularly in highly innovative sectors such as ICT;
Amendment 179 #
2011/2048(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Asks that very careful consideration be given to the legally binding requirements of the WTO Agreement on Government Procurement, should the issue of thresholds crop up when the directives are reviewed; emphasises that given the difficulties that already exist in negotiations on the issue of access to public procurement, it should also be borne in mind that raising thresholds in Europe could quite easily lead to further complications for EU trade policy;
Amendment 190 #
2011/2048(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Proposes that self-declarations be allowed where feasible, and that original documents be requested only from the shortlisted candidates or the successful tenderer, whilst avoiding any delays or market distortions caused by incorrect declarations; asks the Commission to promote the option of a ‘procurement passport’, preferably in the form of a standardised electronic registration system at national level, since a passport of this kind would demonstrate that an operator has the declarations and documentation that are requested; believes that this would save considerable time and costs;
Amendment 158 #
2011/0439(COD)
Proposal for a directive
Recital 16
Recital 16
Amendment 159 #
2011/0439(COD)
Proposal for a directive
Recital 17
Recital 17
Amendment 172 #
2011/0439(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Research and innovation, including eco-innovation and social innovation, are among the main drivers of future growth and have been put at the centre of the Europe 2020 strategy for smart, sustainable and inclusive growth. Contracting entPublic authorities should make the best strategic use of public procurement to spurdrive innovation. Buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges. It contributes to achieving best value for public money as well as wider economic, environmental and societal benefits in terms of generating new ideas, translating them into innovative products and services and thus promoting sustainable economic growth. An innovative procurement model is detailed in the Commission's communication on pre-commercial procurement1. This model promotes the take up in the procurement of research and development services which do not fall within the scope of this Directive. This model, which has been written into this Directive, is recognised and will be available for all contracting authorities to consider. This dDirective should however contribute to facilitating the public procurement of innovation more generally, and help Member States in achieving the Innovation Union targets. A specific procurement procedure should therefore be provided for whichWhere a need for the development of an innovative product, service or works and the subsequent purchase of the resulting output cannot be met by solutions already available on the market, contracting authorities should have access to a specific procurement procedure in respect of contracts falling within the scope of this Directive. This new procedure should allows contracting entauthorities to establish a long-termn innovation partnership for the development and subsequent purchase of a new, innovative products, services or works, provided ithat these can be delivered to agreed performance levels and costs. The partnershiprocedure should be based on the rules applying to the competitive procedure with negotiations and contracts should be awarded on the sole basis of the most economically advantageous tender, which is the most suited to comparing tenders for innovative solutions. Whether the innovation partnership concerns a very large project or a smaller project, it should be structured in such as a way that it can provide the necessary ‘"market- pull’", incentivising the development of an innovative solution s without foreclosing the market. Contracting authorities should therefore not misuse innovation partnerships to prevent, restrict or distort competition. __________________ 1 COM (2007) 799 final: Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Pre- commercial procurement: driving innovation to ensure sustainable high quality public services in Europe.
Amendment 176 #
2011/0439(COD)
Proposal for a directive
Recital 28
Recital 28
(28) There is a strong trend emerging across Union public procurement markets towards the aggregation of demand by public purchasers, with a view to obtaining economies of scale, including lower prices and transaction costs, and to improving and professionalising procurement management. This can be achieved by concentrating purchases either by the number of contracting entities involved or by volume and value over time. However, the aggregation and centralisation of purchases should be carefully monitored in order to avoid excessive concentration of purchasing power and collusion, and to preserve transparency and competition, as well as market access opportunities for small and medium-sized enterprises. The Commission should provide guidance to Member States and contracting authorities on the required monitoring of aggregated and centralised purchases to avoid excessive concentration of purchasing power and collusion. Such guidance should be provided by way of implementing acts.
Amendment 196 #
2011/0439(COD)
Proposal for a directive
Recital 44
Recital 44
(44) Where contracting entities choose to award a contract to the most economically advantageous tender, they must determine the award criteria on the basis of which they will assess tenders in order to identify which one offers the best value for money. The determination of those criteria depends on the subject-matter of the contract, since they must allow the level of performance offered by each tender to be assessed in the light of the subject-matter of the contract, as defined in the technical specifications, and the value for money of each tender to be measured. Furthermore, the chosen award criteria should not confer an unrestricted freedom of choice on the contracting entity and they should ensure the possibility of effective competition and be accompanied by requirements that allow the information provided by the tenderers to be effectively verified.
Amendment 199 #
2011/0439(COD)
Proposal for a directive
Recital 46
Recital 46
(46) Those sector-specific measures must be complemented by an adaptation of the public procurement Directives empowering contracting entities to pursue the objectives of the Europe 2020 Strategy in their purchasing strategies. It should hence be made clear that contracting entities can determine the most economically advantageous tender and the lowest cost using a life-cycle costing approach, provided that the methodology to be used is established in an objective and non- discriminatory manner and accessible to all interested parties. The notion of life-cycle costing includes all costs over the life- cycle of a works, supplies or services, both their internal costs (such as research, development, production, use, maintenance and end-of- life disposal costs) and their external costs, provided they can be monetised and monitored. Common methodologies should be developed at the level of the Union for the calculation of life-cycle costs for specific categories of supplies or services; whenever such a methodology is developed its use should be made compulsory.
Amendment 261 #
2011/0439(COD)
Proposal for a directive
Article 2 – point 22
Article 2 – point 22
(22) ‘life cycle’ means all consecutive and/or interlinked stages, including research, development, production, transport, use and maintenance, throughout the existence of a product or a works or the provision of a service, from raw material acquisition or generation of resources to disposal, clearance and finalisation;
Amendment 294 #
2011/0439(COD)
Proposal for a directive
Article 12 – point c
Article 12 – point c
Amendment 300 #
2011/0439(COD)
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a Arrangements for public service contracts Contracts which have as their object services listed in Annex XVIIa, part A, shall be awarded in accordance with Articles 38 to 79. Contracts which have as their object services listed in Annex XVIIa, part B, shall be subject solely to Article 54 and Article 64(1). Contracts which have as their object services listed both in Annex XVIIa, part A, and in Annex XVIIa, part B, shall be awarded in accordance with Articles 38 to 79 where the value of the services listed in Annex XVIIa, part A, is greater than the value of the services listed in Annex XVIIa, part B. In other cases, contracts shall be awarded in accordance with Article 54 and Article 64(1).
Amendment 314 #
2011/0439(COD)
Proposal for a directive
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
(c) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of Directive 2004/39/EC of the European Parliament and of the Council3, central bank services and operations conducted with the European Financial Stability Facility, or transactions by the contracting authorities to raise money or capital;
Amendment 337 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point b
Article 21 – paragraph 1 – subparagraph 1 – point b
(b) that least 90 % of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authoritygal person acts essentially for the controlling contracting authority or for other legal persons controlled by that contracting authority. That legal person shall be presumed to be acting essentially for the controlling contracting authority or for other legal persons controlled by that contracting authority if it carries out at least 90 % of its activities which are covered by the contract on behalf of that contracting authority or those legal persons;
Amendment 343 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point c
Article 21 – paragraph 1 – subparagraph 1 – point c
(c) unless the laws of the Member States concerned provide otherwise, there is no private participation in any of the controlled legal personacting authorities involved.
Amendment 364 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point b
Article 21 – paragraph 3 – subparagraph 1 – point b
(b) that least 90 % of the activities of that legal person are carried outgal person acts essentially for the controlling contracting authority or for other legal persons controlled by that contracting authority. That legal person shall be presumed to be acting essentially for the controlling contracting authoritiesy or for other legal persons controlled by the same contracting authoritieat contracting authority if it carries out at least 90 % of its activities which are covered by the contract on behalf of that contracting authority or those legal persons;
Amendment 372 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point c
Article 21 – paragraph 3 – subparagraph 1 – point c
(c) unless the laws of the Member States concerned provide otherwise, there is no private participation in any of the controlled legal personacting authorities involved.
Amendment 378 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 2 – point c
Article 21 – paragraph 3 – subparagraph 2 – point c
(c) the controlled legal person does not pursue any interests which are distinct fromin conflict with that of the public authorities affiliated to it;
Amendment 404 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 4 – point e
Article 21 – paragraph 4 – point e
(e) unless the laws of the Member States concerned provide otherwise, there is no private participation in any of the contracting authorities involved.
Amendment 455 #
2011/0439(COD)
Proposal for a directive
Article 32 – paragraph 1 - subparagraph 1 a (new)
Article 32 – paragraph 1 - subparagraph 1 a (new)
Non-compliance with this obligation shall render the contracting entity liable.
Amendment 457 #
2011/0439(COD)
Proposal for a directive
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Unless otherwise provided in this Directive or in the national law concerning access to information, and without prejudice to the obligations relating to the advertising of awarded contracts and to the information to candidates and tenderers set out in Articles 64 and 69 of this directive the contracting entity shall not disclose information and details of tenders forwarded to it by economic operators which they have designated as confidential, including, but not limited to, technical or trade secrets and the confidential aspects of tenders.
Amendment 462 #
2011/0439(COD)
Proposal for a directive
Article 33 – paragraph 3 – subparagraph 3
Article 33 – paragraph 3 – subparagraph 3
To ensure the interoperability of technical formats as well as of process and messaging standards, especially in a cross- border context, the Commission shall be empowered to adopt delegated acts in accordance with Article 98 to establish the mandatory use of certainould recommend use of specific technical standards, at least with regard to the use of e-submission, electronic catalogues and means for electronic authentication.
Amendment 469 #
2011/0439(COD)
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 2
Article 36 – paragraph 1 – subparagraph 2
The notion of conflict of interests shall at least cover any situation where the categories of persons referred to in paragraph 2 have, directly or indirectly, a privatecommon interest in the outcome of the procurement procedure, which may be perceived to impair the impartial and objective performance of their duties.
Amendment 472 #
2011/0439(COD)
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 3
Article 36 – paragraph 1 – subparagraph 3
For the purposes of this Article, ‘private"common interests’' means any family, emotional life, economic, political or other shared interestseconomic interest or family ties, shared with the candidates or the tenderers, including conflicting professional interests.
Amendment 504 #
2011/0439(COD)
Proposal for a directive
Article 43 – paragraph 1 – subparagraph 1
Article 43 – paragraph 1 – subparagraph 1
Member States mayshall provide that contracting entities may apply innovation partnerships as regulated in this Directive. Member States may decide not to transpose into their national law innovation partnerships or to restrict the use of it to certain types of procurement.
Amendment 505 #
2011/0439(COD)
Proposal for a directive
Article 43 – paragraph 1 – subparagraph 1
Article 43 – paragraph 1 – subparagraph 1
Member States mayshall provide that contracting entities may apply innovation partnerships as regulated in this Directive. Member States may decide not to transpose into their national law innovation partnerships or to restrict the use of it to certain types of procurement.
Amendment 506 #
2011/0439(COD)
Proposal for a directive
Article 43 – paragraph 1 – subparagraph 2
Article 43 – paragraph 1 – subparagraph 2
In innovation partnerships, any economic operator may submit a request to participate in response to a call for competition in accordance with points (b) and (c) of Article 39(2)ontract notice with a view to establishing a structured partnership for the development of an innovative product, service or works and the subsequent purchase of the resulting supplies, services or works, provided that they correspond to the agreed performance levels and coststhe need for which cannot be met by solutions already available on the market, provided that they correspond to the agreed performance levels and costs. The contract setting up the innovation partnership shall be awarded on the sole basis of the award criterion of the most economically advantageous tender in accordance with Article 76(1)(a).
Amendment 507 #
2011/0439(COD)
Proposal for a directive
Article 43 – paragraph 2 - subparagraph 2 a (new) and 2 b (new)
Article 43 – paragraph 2 - subparagraph 2 a (new) and 2 b (new)
Intellectual property rights shall be granted only for the purposes of enabling the contracting authority to build on the outcome of the preceding phases, in accordance with the aim of the partnership in the event of a change of contractor during the procedure, in order to restrict the use which may be made of those rights by the undertaking which has been replaced. Intellectual property rights clauses shall clearly define the rights and obligations of all parties.
Amendment 508 #
2011/0439(COD)
Proposal for a directive
Article 43 – paragraph 2
Article 43 – paragraph 2
2. The partnership shall be structured in successive stages following the sequence of steps in the research and innovation process, possibly up towhich may include the manufacturing of the supply, or the provision of the services. It shall provide for or the completion of the works. The partnership shall set intermediate targets to be attained by the partner and provide for payment of the remuneration in appropriate instalments. Based on those targets, the contracting entity canmay decide after each stage to terminate the partnership and launch a new procurement procedure for the remaining phases, provided that it has acquired the relevant intellectual property rightsthe contracting entity has indicated in the procurement documents under which conditions it may make use of this discretion to terminate the partnership.
Amendment 509 #
2011/0439(COD)
Proposal for a directive
Article 43 – paragraph 3 – subparagraph 1
Article 43 – paragraph 3 – subparagraph 1
The contract shall be awarded in accordance with the rules for a negotiated procedure with prior call for compeaccording to the provisions laid down in subparagraphs 1(a) to 1(h) below: (a) In the procurement documents, contracting authorities shall indicate which elements define the minimum requirements to be met. The indications shall be sufficiently precise so as to enable economic operators to identify the nature and scope of the procurement and decide whether to request to participate in the procedure. (b) The minimum time limit for receipt of requests to participate shall be 30 days from the date on which the contract notice is sent, or where a prior information notice is used as a means of calling for competition, 30 days from the date on which the invitation to confirm interests is sent. The minimum time limit for the receipt of initial tenders shall be 30 days from the date on which the invitation is sent. (c) Contracting authorities shall negotiate with tenderers the initial and all subsequent tenders submitted, to improve the content to ensure that these tenders better fulfil the award criteria specified in the procurement documents. (d) During the negotiations, contracting authorities shall ensure the equal treatment of all tenderers. To that end, they shall not provide information in a discriminatory manner which may give some tenderers an advantage over others. They shall take particular care to ensure that all tenderers, whose tenders have not been eliminated, are informed in writing of any changes to the technical specifications of other procurement documents other than those setting out the minimum requirements, providing sufficient time to allow such tenderers to modify and re-submit amended tenders following these changes. (e) In accordance with Article 32, contracting authorities shall not reveal to the other participants confidential information communicated by a candidate participating in the negotiation set out in Article 42. s without its agreement. Such agreement shall not take the form of a general waiver but shall be given with reference to the intended communication of specific information. (f) The minimum requirements and the award criteria shall not be subject to negotiations. (g) Once the deadline for submitting tenders has expired, and before proceeding to their examination, contracting authorities may specify a weighting attached to the subheadings of an award criterion defined in advance in accordance with Article 76(5), provided that: (i) the contract award criteria set out in the contract documents or the contract notice are unaltered; (ii) this does not include new elements which would have affected the preparation of the tenders; (iii) this does not give rise to discrimination against any one of the tenderers. (h) Innovation partnership procedures may take place in successive stages in order to reduce the number of tenders to be negotiated, by applying the award criteria specified in the contract notice, in the invitation to confirm interest or in the procurement documents. In the contract notice, the invitation to confirm interest or in the procurement documents, the contracting authority shall clearly indicate whether it will use this option.
Amendment 510 #
2011/0439(COD)
Proposal for a directive
Article 43 – paragraph 3 – subparagraph 2
Article 43 – paragraph 3 – subparagraph 2
In selecting candidates, contracting entities shall pay particular attention to criteria concerning the tenderers‘ capacity and experiencecandidates' capacity in the field of research and development orand of developing innovative solutions. They may limit the number of suitable candidates to be invited to participate in the procedure in accordance with Article 72(2).
Amendment 511 #
2011/0439(COD)
Proposal for a directive
Article 43 – paragraph 3 – subparagraph 3
Article 43 – paragraph 3 – subparagraph 3
Only those economic operators invited by the contracting entity following its assessment of the requested information may submit research and innovation projects, aimed at meeting the needs identified by the contracting entity that cannot be met by existing solutions. The contract shall be awarded on the sole basis of the award criterion of the most economically advantageous tender in accordance with Article 76 (1)(a).
Amendment 512 #
2011/0439(COD)
Proposal for a directive
Article 43 – paragraph 4 – subparagraph 1
Article 43 – paragraph 4 – subparagraph 1
The contracting entity shall ensure that the structure of the partnership and, in particular, the duration and value of the different phases shall reflect the degree of innovation of the proposed solution and the sequence of the research and innovation activities required for the development of an innovative solution not yet available on the market. The value and duration of a contract for the purchase of the resulting supplyestimated value of supplies, services or works shall remain within appropriate limits, taking into account the need to recover the costs, including those incurred in developing an innovative solution, and to achieve an adequate profinot be disproportionate in relation to the investment required for their development.
Amendment 513 #
2011/0439(COD)
Proposal for a directive
Article 43 – paragraph 4 – subparagraph 2
Article 43 – paragraph 4 – subparagraph 2
Amendment 538 #
2011/0439(COD)
Proposal for a directive
Article 45 – paragraph 1 – subparagraph 3
Article 45 – paragraph 1 – subparagraph 3
The term of a framework agreement shall not exceed four years, save in exceptional cases duly justified, in particular by the subject of the framework agreemencases where it concerns work that will take longer than four years to carry out or where a longer period is justified by the need for economic operators to make investments for which the amortisation period is longer than four years or which are linked to the recruitment of suitable staff to perform the contract or the training of staff to perform the contract.
Amendment 560 #
2011/0439(COD)
Proposal for a directive
Article 47 – paragraph 1 – subparagraph 1
Article 47 – paragraph 1 – subparagraph 1
Amendment 588 #
2011/0439(COD)
Proposal for a directive
Article 53 – paragraph 2 – subparagraph 2
Article 53 – paragraph 2 – subparagraph 2
Such measures shall include the communication to the other candidates and tenderers of any relevant information exchanged in the context of or resulting from the involvement of the candidate or tenderer in the preparation of the procurement procedure and the fixing of adequate time limits for the receipt of tenders. Contracting authorities shall either be required (i) to clarify in their invitation to participate in a consultation what information will be considered relevant and thus may be shared with all potential bidders or (ii) to set out in detail the rights of and procedures available to consultation participants that allow them to protect confidential information. The candidate or tenderer concerned shall only be excluded from the procedure where there are no other means to ensure compliance with the duty to observe the principle of equal treatment.
Amendment 615 #
2011/0439(COD)
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 1 – point a
Article 55 – paragraph 1 – subparagraph 1 – point a
(a) the requirements for the label only concern characteristics which are linked to the subject-matter of the contract and are appropriate to define the characteristics of the works, supplies or services that are the subject-matter of the contract;
Amendment 627 #
2011/0439(COD)
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 2 a (new)
Article 55 – paragraph 1 – subparagraph 2 a (new)
It shall be the responsibility of the tenderer to prove equivalence with the label requested.
Amendment 636 #
2011/0439(COD)
Proposal for a directive
Article 58 – paragraph 1 – subparagraph 1
Article 58 – paragraph 1 – subparagraph 1
Amendment 642 #
2011/0439(COD)
Proposal for a directive
Article 58 – paragraph 1 – subparagraph 2
Article 58 – paragraph 1 – subparagraph 2
Contracting entities shall indicate in the specifications whether or not they authorise variants and, if so, the minimum requirements to be met by the variants and any specific requirements for their presentation. Where variants are authorised, tThey shall also ensure that the chosen award criteria can be usefully applied to variants meeting those minimum requirements as well as to conforming tenders which are not variants.
Amendment 646 #
2011/0439(COD)
Proposal for a directive
Article 58 – paragraph 2
Article 58 – paragraph 2
2. In procedures for awarding supply or service contracts, contracting entities that have authorised variants shall not reject a variant on the sole ground that it would, where successful, lead either to a service contract rather than a supply contract or to a supply contract rather than a service contract.
Amendment 656 #
2011/0439(COD)
Proposal for a directive
Article 59 – paragraph 2
Article 59 – paragraph 2
Amendment 658 #
2011/0439(COD)
Proposal for a directive
Article 59 – paragraph 3
Article 59 – paragraph 3
Amendment 665 #
2011/0439(COD)
Proposal for a directive
Article 59 – paragraph 4
Article 59 – paragraph 4
Amendment 668 #
2011/0439(COD)
Proposal for a directive
Article 64 – paragraph 1 – subparagraph 1 a (new)
Article 64 – paragraph 1 – subparagraph 1 a (new)
In the case of public contracts for services listed in Annex XVII B, the contracting authorities shall indicate in the notice whether they agree to its publication. For such services contracts the Commission shall draw up the rules for establishing statistical reports on the basis of such notices and for the publication of such reports in accordance with the procedure laid down in Article 100.
Amendment 700 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – introductory part
Article 76 – paragraph 1 – subparagraph 1 – introductory part
Without prejudice to national laws, regulations or administrative provisions on the remuneration of certain services, the criteriaon on which contracting entauthorities shall base the award of public contracts shall be one of the following:the most economically advantageous tender.
Amendment 715 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 2
Article 76 – paragraph 1 – subparagraph 2
Amendment 719 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 1
Article 76 – paragraph 2 – subparagraph 1
The most economically advantageous tender referred to in point (a) of paragraph 1) from the point of view of the contracting entity shall be identified on the basis of criteria linked to the subject-matter of the contract in question. Those criteria may include, in addition to the price or costs, other criteria linked to the subject-matter of the contract in question. Costs shall be assessed using a cost- effectiveness approach, such as a life- cycle costing approach, under the conditions set out in Article 77. Price shall be the decisive award criterion in the case of highly standardised products and services. Other criteria may include:
Amendment 723 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – introductory part
Article 76 – paragraph 2 – subparagraph 2 – introductory part
Amendment 745 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 3
Article 76 – paragraph 3
Amendment 809 #
2011/0439(COD)
Proposal for a directive
Article 79 a (new)
Article 79 a (new)
Article 79a Tenders comprising products originating in third countries 1. This Article shall apply to tenders covering products originating in third countries with which the Union has not concluded, whether multilaterally or bilaterally, an agreement ensuring comparable and effective access for Union undertakings to the markets of those third countries. It shall be without prejudice to the obligations of the Union or its Member States in respect of third countries. 2. Any tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries, as determined in accordance with Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code[1], exceeds 50 % of the total value of the products constituting the tender. For the purposes of this Article, software used in telecommunications network equipment shall be regarded as products. 3. Subject to the second subparagraph, where two or more tenders are equivalent in the light of the contract award criteria defined in Article 76, preference shall be given to those tenders which may not be rejected pursuant to paragraph 2. The prices of those tenders shall be considered equivalent for the purposes of this Article, if the price difference does not exceed 3 %. However, a tender shall not be preferred to another pursuant to the first subparagraph where its acceptance would oblige the contracting entity to acquire equipment having technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance, or disproportionate costs. 4. For the purposes of this Article, those third countries to which the benefit of the provisions of this Directive has been extended by a Council Decision in accordance with paragraph 1 shall not be taken into account for determining the proportion, referred to in paragraph 2, of products originating in third countries. 5. The Commission shall submit an annual report to the European Parliament and to the Council, commencing in the second half of the first year following the entry into force of this Directive, on progress made in multilateral or bilateral negotiations regarding access for Union undertakings to the markets of third countries in the fields covered by this Directive, on any result which such negotiations may have achieved, and on the implementation in practice of all the agreements which have been concluded. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may amend the provisions of this Article in the light of such developments. [1] OJ L 302, 19.10.1992, p. 1.
Amendment 813 #
2011/0439(COD)
Proposal for a directive
Article 79 b (new)
Article 79 b (new)
Amendment 832 #
2011/0439(COD)
Proposal for a directive
Article 81 – paragraph 2
Article 81 – paragraph 2
Amendment 843 #
2011/0439(COD)
Proposal for a directive
Article 81 – paragraph 3
Article 81 – paragraph 3
3. Paragraphs 1 and 2 shall be without prejudice to the question of the principal economic operator’s liability.
Amendment 863 #
2011/0439(COD)
Proposal for a directive
Article 82 – paragraph 4
Article 82 – paragraph 4
4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 12 and where it is below 15% of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications.
Amendment 889 #
2011/0439(COD)
Proposal for a directive
Article 83 – paragraph 1 – point c
Article 83 – paragraph 1 – point c
(c) the Court of Justice of the European Union finds, in a procedure under Article 258 of the Treaty, that a Member State has failed to fulfil its obligations under the Treaties due to the fact that a contracting entity belonging to that Member State has awarded the contract in question without complying with its obligations under the Treaties and this Directive. A contractor who was unaware of the contracting authority’s breach of the law may claim compensation for the losses suffered as a result of the termination of the contract.
Amendment 893 #
2011/0439(COD)
Proposal for a directive
Article 84
Article 84
Amendment 896 #
2011/0439(COD)
Proposal for a directive
Article 85
Article 85
Amendment 905 #
2011/0439(COD)
Proposal for a directive
Article 86
Article 86
Amendment 936 #
2011/0439(COD)
Proposal for a directive
Article 93 – paragraph 1 – subparagraph 1
Article 93 – paragraph 1 – subparagraph 1
1. Member States shall appoint a single independent body responsible forensure the oversight and coordination of implementation activities (hereinafter ‘the oversight body’). Member States shall inform the Commission of their designation.
Amendment 937 #
2011/0439(COD)
Proposal for a directive
Article 93 – paragraph 3 – subparagraph 1 – introductory part
Article 93 – paragraph 3 – subparagraph 1 – introductory part
3. The oversight bodycompetent authorities shall be responsible for the following tasks:
Amendment 942 #
2011/0439(COD)
Proposal for a directive
Article 93 – paragraph 3 – subparagraph 3
Article 93 – paragraph 3 – subparagraph 3
Amendment 943 #
2011/0439(COD)
Proposal for a directive
Article 93 – paragraph 4 – subparagraph 1
Article 93 – paragraph 4 – subparagraph 1
4. Without prejudice to the general procedures and working methods established by the Commission for its communications and contacts with Member States, the oversight bodycompetent authorities shall act as a specific contact point for the Commission when it monitors the application of Union law and the implementation of the budget from the Union on the basis of Article 17 of the Treaty on the European Union and Article 317 of the Treaty on the Functioning of the European Union. It shall report to the Commission any violation of this Directive in procurement procedures for the award of contracts directly or indirectly funded by the Union.
Amendment 944 #
2011/0439(COD)
Proposal for a directive
Article 93 – paragraph 4 – subparagraph 2
Article 93 – paragraph 4 – subparagraph 2
Amendment 945 #
2011/0439(COD)
Proposal for a directive
Article 93 – paragraph 4 – subparagraph 3
Article 93 – paragraph 4 – subparagraph 3
Amendment 946 #
2011/0439(COD)
Proposal for a directive
Article 93 – paragraph 5
Article 93 – paragraph 5
5. The investigation and enforcement activities carried out by the oversight bodycompetent authorities to ensure that contracting entities’ decisions comply with this Directive and the general principles of the Treaty on the Functioning of the European Union shall not replace or prejudge the institutional role of the Commission as guardian of the Treaty. When the Commission decides to refer the treatment of an individual case, it shall also retain the right to intervene in accordance with the powers conferred to it by the Treaty.
Amendment 947 #
2011/0439(COD)
Proposal for a directive
Article 93 – paragraph 6
Article 93 – paragraph 6
Amendment 948 #
2011/0439(COD)
Proposal for a directive
Article 93 – paragraph 6 – introductory part
Article 93 – paragraph 6 – introductory part
6. Contracting authorities shall transmit to the national oversight bodycompetent authorities the full text of all concluded contracts with a value equal to or greater than
Amendment 949 #
2011/0439(COD)
Proposal for a directive
Article 93 – paragraph 7
Article 93 – paragraph 7
Amendment 950 #
2011/0439(COD)
Proposal for a directive
Article 93 – paragraph 7 – subparagraph 1
Article 93 – paragraph 7 – subparagraph 1
7. Without prejudice to the national law concerning access to information, and in accordance with national and EU legislation on data protection, the oversight bodycompetent authorities shall, upon written request, give unrestricted and full direct access, free of charge, to the concluded contracts referred to in paragraph 6. Access to certain parts of the contracts may be refused where their disclosure would impede law enforcement or otherwise be contrary to the public interest, would harm the legitimate commercial interests of economic operators, public or private, or might prejudice fair competition between them.
Amendment 959 #
Amendment 987 #
Amendment 990 #
2011/0439(COD)
Proposal for a directive
Annex 3 – point D – paragraph 3
Annex 3 – point D – paragraph 3
Amendment 998 #
Amendment 1004 #
2011/0439(COD)
Proposal for a regulation
Annex 17 a (new)
Annex 17 a (new)
Annex XVIIa Annex XVIIa - part A Services referred to in Article 14a Category Subject CPC CPV Reference N° N° Reference No (1) 1 Maintenance and 6112, From 50100000-6 to repair services 6122, 633, 50884000-5 (except for 886 50310000-1 to 50324200-4 and 50116510-9, 50190000- 3, 50229000-6, 50243000-0), and from 51000000-9 to 51900000-1 2 Land transport services 712 From 60100000-9 to (2), including armoured (except 60183000-4 (except car services, and 71235), 60160000-7, 60161000- courier services, 7512, 4, 60220000-6), and except transport of mail 87304 from 64120000-3 to 64121200-2 3 Air transport services of 73 (except From 60410000-5 to passengers and freight, 7321) 60424120-3 (except except 60411000-2, 60421000- transport of mail 5), and 60500000- 3, and from 60440000-4 to 60445000-9 4 Transport of mail by 60160000-7, 60161000- land (3) 71235, 4 60411000-2, and by air 7321 60421000-5 5 Telecommunications From 64200000-8 to services 752 64228200-2 72318000- 7, and from 72700000-7 to 72720000-3 6 Financial services: From 66100000-1 to (a) Insurance services ex 81, 812, 66720000-3 (b) Banking and 814 investment services (4) 7 Computer and related From 50310000-1 to services 84 50324200-4 from 72000000-5 to 72920000-5 (except 72318000-7 and from 72700000-7 to 72720000-3), 79342410- 4 8 Research and From 73000000-2 to development 85 73436000-7 (except services (5) 73200000-4, 73210000- 7, 73220000-0 9 Accounting, auditing From 79210000-9 to and 862 79223000-3 bookkeeping services 10 Market research and From 79300000-7 to public 864 79330000-6, and opinion polling services 79342310-9, 79342311- 6 11 Management From 73200000-4 to consulting services (6) 865, 866 73220000-0 from and related services 79400000-8 to 79421200-3 and 79342000-3, 79342100- 4 79342300-6, 79342320-2 79342321- 9, 79910000-6, 79991000-7 98362000-8 12 Architectural services; 867 From 71000000-8 to engineering services 71900000-7 (except and integrated 71550000-8) and engineering services; 79994000-8 urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services 13 Advertising services 871 From 79341000-6 to 79342200-5 (except 79342000-3 and 79342100-4) 14 Building-cleaning 874, 82201 From 70300000-4 to services and to 70340000-6, and from property management 82206 90900000-6 to services 90924000-0 15 Publishing and printing 88442 From 79800000-2 to services on a fee or 79824000-6, and from contract basis 79970000-6 to 79980000-7 16 Sewage and refuse 94 From 90400000-1 to disposal services; 90743200-9 (except sanitation and similar 90712200-3), from services 90910000-9 to 90920000-2 and 50190000-3, 50229000- 6 50243000-0 ________________________________________ (1) Except employment contracts. (2) Except contracts for the acquisition, development, production or co-production of programmes by broadcasting organisations and contracts for broadcasting time. Annex XVIIa - Part B Services referred to in Article 14a Category Subject CPC CPV Reference N° N° Reference No (1) 17 Hotel and restaurant 64 From 55100000-1 to services 55524000-9, and from 98340000-8 to 98341100-6 18 Rail transport services 711 From 60200000-0 to 60220000-6 19 Water transport 72 From 60600000-4 to services 60653000-0, and from 63727000-1 to 63727200-3 20 Supporting and 74 From 63000000-9 to auxiliary 63734000-3 (except transport services 63711200-8, 63712700- 0, 63712710-3, and from 63727000-1, to 63727200-3), and 98361000-1 21 Legal services 861 From 79100000-5 to 79140000-7 22 Personnel placement 872 From 79600000-0 to and supply services (1) 79635000-4 (except 79611000-0, 79632000- 3, 79633000-0), and from 98500000-8 to 98514000-9) 23 Investigation and 873 From 79700000-1 to security services, except (except 79723000-8 armoured car 87304) services 24 Education and 92 From 80100000-5 to vocational 80660000-8 (except education services 80533000-9, 80533100- 0, 80533200-1) 25 Health and social 93 79611000-0, and from services 85000000-9 to 85323000-9 (except 85321000-5 and 85322000-2) 26 Recreational, cultural 96 From 79995000-5 to and 79995200-7, and from sporting services 92000000-1 to 92700000-8 (except 92230000-2, 92231000- 9, 92232000-6) 27 Other services (2) ________________________________________ (1) Except employment contracts. (2) Except contracts for the acquisition, development, production or co-production of programmes by broadcasting organisations and contracts for broadcasting time.
Amendment 199 #
2011/0438(COD)
Proposal for a directive
Recital 10
Recital 10
Amendment 203 #
2011/0438(COD)
Proposal for a directive
Recital 11
Recital 11
Amendment 219 #
2011/0438(COD)
Proposal for a directive
Recital 15
Recital 15
(15) There is a widespread need for additional flexibility and in particular for wider access to a procurement procedure providing for negotiations, as is explicitly foreseen in the Agreement, where negotiation is allowed in all procedures. Contracting authorities should, unless otherwise provided in the legislation of the Member State concerned, be able to use a competitive procedure with negotiation as provided for in this Directive, in various situations where open or restricted procedures without negotiations are not likely to lead to satisfactory procurement outcomes. This procedure should be accompanied by adequate safeguards ensuring observance of the principles of equal treatment and transparency. This will give greater leeway to contracting authorities to buy works, supplies and services perfectly adapted to their specific needs. At the same time, it should also increase cross-border trade, as the evaluation has shown that contracts awarded by negotiated procedure with prior publication have a particularly high success rate of cross-border tenders.
Amendment 227 #
2011/0438(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Research and innovation, including eco-innovation and social innovation, are among the main drivers of future growth and have been put at the centre of the Europe 2020 strategy for smart, sustainable and inclusive growth. Public authorities should make the best strategic use of public procurement to spurdrive innovation. Buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges. It contributes to achieving best value for public money as well as wider economic, environmental and societal benefits in terms of generating new ideas, translating them into innovative products and services and thus promoting sustainable economic growth. An innovative procurement model is detailed in the Commission's communication on pre-commercial procurement 1. This model promotes the take up in the procurement of research and development services which do not fall within the scope of this Directive. This model, which has been written into this Directive, is recognised and will be available for all contracting authorities to consider. This dDirective should however contribute to facilitating the public procurement of innovation more generally, and help Member States in achieving the Innovation Union targets. A specific procurement procedure should therefore be provided for whichWhere a need for the development of an innovative product, service or works and the subsequent purchase of the resulting output cannot be met by solutions already available on the market, contracting authorities should have access to a specific procurement procedure in respect of contracts falling within the scope of this Directive. This new procedure should allows contracting authorities to establish a long-termn innovation partnership for the development and subsequent purchase of a new, innovative products, services or works, provided ithat these can be delivered to agreed performance levels and costs. The partnershiprocedure should be based on the rules applying to the competitive procedure with negotiations and contracts should be awarded on the sole basis of the most economically advantageous tender, which is the most suited to comparing tenders for innovative solutions. Whether the innovation partnership concerns a very large project or a smaller project, it should be structured in such as a way that it can provide the necessary ‘"market- pull’", incentivising the development of an innovative solutions without foreclosing the market. Contracting authorities should therefore not misuse innovation partnerships to prevent, restrict or distort competition. __________________ 1 COM (2007) 799 final: Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Pre- commercial procurement: driving innovation to ensure sustainable high quality public services in Europe.
Amendment 234 #
2011/0438(COD)
Proposal for a directive
Recital 20
Recital 20
(20) There is a strong trend emerging across Union public procurement markets towards the aggregation of demand by public purchasers, with a view to obtaining economies of scale, including lower prices and transaction costs, and to improving and professionalising procurement management. This can be achieved by concentrating purchases either by the number of contracting authorities involved or by volume and value over time. However, the aggregation and centralisation of purchases should be carefully monitored in order to avoid excessive concentration of purchasing power and collusion, and to preserve transparency and competition, as well as market access opportunities for small and medium-sized enterprises. The Commission should provide guidance to Member States and contracting authorities on the required monitoring of aggregated and centralised purchases to avoid excessive concentration of purchasing power and collusion. Such guidance should be provided by way of implementing act.
Amendment 265 #
2011/0438(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Where contracting authorities choose to award a contract to the most economically advantageous tender, they must determine the award criteria on the basis of which they will assess tenders in order to identify which one offers the best value for money. The determination of these criteria depends on the subject-matter of the contract since they must allow the level of performance offered by each tender to be assessed in the light of the subject-matter of the contract, as defined in the technical specifications, and the value for money of each tender to be measured. Furthermore, the chosen award criteria should not confer an unrestricted freedom of choice on the contracting authority and they should ensure the possibility of effective competition and be accompanied by requirements that allow the information provided by the tenderers to be effectively verified.
Amendment 274 #
2011/0438(COD)
Proposal for a directive
Recital 40
Recital 40
(40) These sector-specific measures must be complemented by an adaptation of the public procurement Directives empowering contracting authorities to pursue the objectives of the Europe 2020 Strategy in their purchasing strategies. It should hence be made clear that contracting authorities can determine the most economically advantageous tender and the lowest cost using a life-cycle costing approach, provided that the methodology to be used is established in an objective and non- discriminatory manner and accessible to all interested parties. The notion of life-cycle costing includes all costs over the life cycle of works, supplies or services, both their internal costs (such as research, development, production, use, maintenance and end-of- life disposal costs) and their external costs, provided they can be monetised and monitored. Common methodologies should be developed at the level of the Union for the calculation of life-cycle costs for specific categories of supplies or services; whenever such a methodology is developed its use should be made compulsory.
Amendment 319 #
2011/0438(COD)
Proposal for a directive
Recital 54
Recital 54
(54) In order to adapt to rapid technical, economic and regulatory developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of a number of non-essential elements of this Directive. In fact, due to the need to comply with international agreements, the Commission should be empowered to modify the technical procedures for the calculation methods concerning thresholds as well as to periodically revise the thresholds themselves and to adapt Annexes V and XI; the lists of central government authorities are subject to variations due to administrative changes at national level. These are notified to the Commission, which should be empowered to adapt the Annex I; references to the CPV nomenclature may undergo regulatory changes at EU level and it is necessary to reflect those changes into the text of this Directive; the technical details and characteristics of the devices for electronic receipt should be kept up to date with technological developments and administrative needs; it is also necessary to empower the Commission to make mandatory technical standards for electronic communication, such as the submission of three-dimensional digital representations in the case of the public procurement of works, to ensure the interoperability of technical formats, processes and messaging in procurement procedures conducted using electronic means of communication taking into account technological developments and administrative needs; and the content of the European Procurement Passport to reflect administrative needs and regulatory changes at both national and EU level; the list of legislative acts of the Union establishing common methodologies for the calculation of life-cycle costs should be quickly adapted to incorporate the measures adopted on a sectoral basis. In order to satisfy these needs, the Commission should be empowered to keep the list of legislative acts including LCC methodologies up-to date.
Amendment 362 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘electronic means’ means electronic equipment for the processing (including digital compression) and storage of data which is transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means; in the case of a works contract 'electronic means' shall also refer to the use of interoperable three-dimensional representations covering the design, execution and the operation of the building or infrastructure;
Amendment 363 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
(22) ‘'life cycle’' means all consecutive and/or interlinked stages, including research, development, production, transport, use and maintenance, throughout the existence of a product or a works or the provision of a service, from raw material acquisition or generation of resources to disposal, clearance and finalisation.
Amendment 393 #
2011/0438(COD)
Proposal for a directive
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
Amendment 411 #
2011/0438(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6a Arrangements for public service contracts Contracts which have as their object services listed in Annex XVI A shall be awarded in accordance with Articles 39 to 69. Contracts which have as their object services listed in Annex XVI B shall be subject solely to Article 40 and Article 48(1). Contracts which have as their object services listed both in Annex XVI A and in Annex XVI B shall be awarded in accordance with Articles 39 to 88 where the value of the services listed in Annex XVI A is greater than the value of the services listed in Annex XVI B. In other cases, contracts shall be awarded in accordance with Article 40 and Article 48(1).
Amendment 413 #
2011/0438(COD)
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a Exclusion for goods falling under a fixed price regime This Directive shall not apply to contracts for the supply of goods or the provision of services which are subject by law to a fixed price.
Amendment 428 #
2011/0438(COD)
Proposal for a directive
Article 10 – paragraph 1 – point d
Article 10 – paragraph 1 – point d
(d) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of Directive 2004/39/EC of the European Parliament and of the Council27 , central bank services and operations conducted with the European Financial Stability Facility, or transactions by the contracting authorities to raise money or capital;
Amendment 444 #
2011/0438(COD)
Proposal for a directive
Article 10 – paragraph 1 – point f a (new)
Article 10 – paragraph 1 – point f a (new)
(fa) civil protection, emergency response and everyday hazard prevention;
Amendment 463 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
Article 11 – paragraph 1 – subparagraph 1 – point b
(b) at least 90 % of the activities of that legal person are carried outthe legal person works mainly for the controlling contracting authority or for other legal persons controlled by that contracting authority. The legal person shall be assumed to work mainly for the controlling contracting authority or for other legal persons controlled by that contracting authority if at least 90 % of its activities governed by the contract are carried out for it/them;
Amendment 478 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c
Article 11 – paragraph 1 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person, unless this is a legal requirement in the relevant Member States.
Amendment 511 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
Article 11 – paragraph 3 – subparagraph 1 – point b
(b) at least 90 % of the activities ofthe legal person essentially carries out activities for the controlling contracting authorities or for other legal persons controlled by the same contracting authorities. It is assumed that the legal person areessentially carrieds out activities for the controlling contracting authorities or for other legal persons controlled by the same contracting authorities where it carries out at least 90 % of its activities which are the subject of the contract for that legal person or those legal persons;
Amendment 523 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point c
Article 11 – paragraph 3 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person, unless this is a legal requirement in the relevant Member States.
Amendment 533 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point c
Article 11 – paragraph 3 – subparagraph 2 – point c
(c) the controlled legal person does not pursue any interests which are distinct fromin conflict with that of the public authorities affiliated to it;
Amendment 570 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 4 – point e
Article 11 – paragraph 4 – point e
(e) there is no private participation in any of the contracting authorities involved, unless this is a legal requirement in the relevant Member States.
Amendment 606 #
2011/0438(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Unless otherwise provided in this Directive or in the national law concerning access to information, and without prejudice to the obligations relating to the advertising of awarded contracts and to the information to candidates and tenderers set out in Articles 48 and 53 of this Directive, the contracting authority shall not disclose information and details of tenders forwarded to it by economic operators which they have designated as confidential, including, but not limited to, technical or trade secrets and the confidential aspects of tenders.
Amendment 610 #
2011/0438(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. CNontracting authorities may impose on economic operators requirements aimed at protecting the confidential nature of information which the contracting authorities make available throughout the procurement procedur-compliance with this obligation shall render the contracting authority or entity liable.
Amendment 618 #
2011/0438(COD)
Proposal for a directive
Article 19 – paragraph 3 – subparagraph 3
Article 19 – paragraph 3 – subparagraph 3
To ensure the interoperability of technical formats as well as of process and messaging standards, especially in a cross- border context, the Commission shall be empowered to adopt delegated acts in accordance with Article 89 to establish the mandatoryould recommend use of specific technical standards, at least with regard to the use of e-submission, electronic catalogues and means for electronic authentication.
Amendment 628 #
2011/0438(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2
Article 21 – paragraph 1 – subparagraph 2
The notion of conflict of interests shall at least cover any situation where the categories of persons referred to in paragraph 2 have, directly or indirectly, a privatecommon interest in the outcome of the procurement procedure, which may be perceived to impair the impartial and objective performance of their duties.
Amendment 631 #
2011/0438(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 3
Article 21 – paragraph 1 – subparagraph 3
For the purposes of this Article, ‘private "common interests’' means any family, emotional life, economic, political or other shared interestseconomic interest or family ties, shared with the candidates or the tenderers, including conflicting professional interests.
Amendment 653 #
2011/0438(COD)
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 3
Article 24 – paragraph 1 – subparagraph 3
Member States mayshall provide that contracting authorities may apply innovation partnerships as regulated in this Directive.
Amendment 658 #
2011/0438(COD)
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4 – introductory part
Article 24 – paragraph 1 – subparagraph 4 – introductory part
They mayshall also provide that contracting authorities may use a competitive procedure with negotiation or a competitive dialogue in any of the following cases:
Amendment 676 #
2011/0438(COD)
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 5
Article 24 – paragraph 1 – subparagraph 5
Amendment 757 #
2011/0438(COD)
Proposal for a directive
Article 28 – paragraph 1 – subparagraph 3
Article 28 – paragraph 1 – subparagraph 3
Only those economic operators invited by the contracting authority following the assessment of the requested information may participate in the dialogue. Contracting authorities may limit the number of suitable candidates to be invited to participate in the procedure in accordance with Article 64. The contract shall be awarded on the sole basis of the award criterion of the most economically advantageous tendershall have the option of appointing from among their staff a project leader to guarantee compliance with reasonable deadlines by means of effective coordination at each stage of the dialogue. The number of suitable candidates to be invited to participate in the procedure may be limited in accordance with Article 66(1)(a)4.
Amendment 762 #
2011/0438(COD)
Proposal for a directive
Article 28 – paragraph 3 – subparagraph 3
Article 28 – paragraph 3 – subparagraph 3
Contracting authorities shall notmay not under any circumstances reveal to the other participants solutions proposed or other confidential information communicated by a candidate participating in the dialogue without its agreement, and such agreement may not be imposed as a condition governing participation in the competitive dialogue. Such agreement shall not take the form of a general waiver but shall be given with reference to the intended communication of specific solutions or other specific confidential information.
Amendment 766 #
2011/0438(COD)
Proposal for a directive
Article 28 – paragraph 3 – subparagraph 3 a (new)
Article 28 – paragraph 3 – subparagraph 3 a (new)
Non-compliance with subparagraph 3 of this paragraph shall render the contracting entity liable.
Amendment 768 #
2011/0438(COD)
Proposal for a directive
Article 28 – paragraph 5
Article 28 – paragraph 5
5. The contracting authority shallmay: - either stipulate a limited period for the dialogue, which shall be given in the contract notice; - or continue the dialogue until it can identify the solution or solutions which are capable of meeting its needs.
Amendment 772 #
2011/0438(COD)
Proposal for a directive
Article 28 – paragraph 8
Article 28 – paragraph 8
8. The contracting authorities mayshall specify prizes or payments to the participants in the dialogue on terms laid down by the contract.
Amendment 777 #
2011/0438(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. In innovation partnerships, any economic operator may submit a request to participate in response to a contract notice with a view to establishing a structured partnership for the development of an innovative product, service or works and the subsequent purchase of the resulting supplies, services or works, provided that they correspond to the agreed performance levels and costs. The contract setting up the innovation partnership shall be awarded on the sole basis of the award criterion of the most economically advantageous tender in accordance with Article 66(1)(a).
Amendment 778 #
2011/0438(COD)
Proposal for a directive
Article 29 – paragraph 2– subparagraphs 1 a and 1 b (new)
Article 29 – paragraph 2– subparagraphs 1 a and 1 b (new)
Intellectual property rights shall be granted only for the purposes of enabling the contracting authority to build on the outcome of the preceding phases, in accordance with the aim of the partnership, in the event of a change of contractor during the procedure, in order to limit the impact of the acquisition of rights as regards the undertaking which has been replaced. Intellectual property rights clauses shall clearly define the rights and obligations of all parties.
Amendment 779 #
2011/0438(COD)
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The partnership shall be structured in successive stages following the sequence of steps in the research and innovation process, possibly up towhich may include the manufacturing of the supply, or the provision of the services. It shall provide for or the completion of the works. The partnership shall set intermediate targets to be attained by the partner and provide for payment of the remuneration in appropriate instalments. Based on those targets, the contracting authority may decide after each stage to terminate the partnership and launch a new procurement procedure for the remaining phases, provided that it has acquired the relevant intellectual property rights. the contracting authority has indicated in the procurement documents under which conditions it may make use of this discretion to terminate the partnership.
Amendment 781 #
2011/0438(COD)
Proposal for a directive
Article 29 – paragraph 2 a (new9
Article 29 – paragraph 2 a (new9
Amendment 783 #
2011/0438(COD)
Proposal for a directive
Article 29 – paragraph 3 – subparagraph 2
Article 29 – paragraph 3 – subparagraph 2
In selecting candidates, contracting authorities shall pay particular attention to criteria concerning the tenderercandidates' capacity and experience in the field of research and development and of developing innovative solutions. They may limit the number of suitable candidates to be invited to participate in the procedure in accordance with Article 64.
Amendment 784 #
2011/0438(COD)
Proposal for a directive
Article 29 – paragraph 3 – subparagraph 3
Article 29 – paragraph 3 – subparagraph 3
Only those economic operators invited by the contracting authority following its assessment of the requested information may submit research and innovation projects aimed at meeting the needs identified by the contracting authority that cannot be met by existing solutions. The contract shall be awarded on the sole basis of the award criterion of the most economically advantageous tender in accordance with Article 66(1)(a).
Amendment 785 #
2011/0438(COD)
Proposal for a directive
Article 29 – paragraph 4 – subparagraph 1
Article 29 – paragraph 4 – subparagraph 1
The contracting authority shall ensure that the structure of the partnership and, in particular, the duration and value of the different phases shall reflect the degree of innovation of the proposed solution and the sequence of the research and innovation activities required for the development of an innovative solution not yet available on the market. The value and duration of a contract for the purchase of the resulting supplyestimated value of supplies, services or works shall remain within appropriate limits, taking into account the need to recover the costs, including those incurred in developing an innovative solution, and to achieve an adequate profinot be disproportionate in relation to the investment required for their development.
Amendment 786 #
2011/0438(COD)
Proposal for a directive
Article 29 – paragraph 4 – subparagraph 2
Article 29 – paragraph 4 – subparagraph 2
Amendment 825 #
2011/0438(COD)
Proposal for a directive
Article 31 – paragraph 1 – subparagraph 3
Article 31 – paragraph 1 – subparagraph 3
The term of a framework agreement shall not exceed four years, save in exceptional cases duly justified, in particular by the subject of the framework agreemencases where it concerns work that will take longer than four years to carry out or where a longer period is justified by the need for economic operators to make investments for which the amortisation period is longer than four years or which are linked to the recruitment of suitable staff to perform the contract or the training of staff to perform the contract.
Amendment 858 #
2011/0438(COD)
Proposal for a directive
Article 33 – paragraph 1 – subparagraph 1
Article 33 – paragraph 1 – subparagraph 1
Amendment 892 #
2011/0438(COD)
Proposal for a directive
Article 39 – paragraph 2 – subparagraph 2
Article 39 – paragraph 2 – subparagraph 2
Such measures shall include the communication to the other candidates and tenderers of any relevant information exchanged in the context of or resulting from the involvement of the candidate or tenderer in the preparation of the procurement procedure and the fixing of adequate time limits for the receipt of tenders. Contracting authorities shall either be required (i) to clarify in their invitation to participate in a consultation what information will be considered relevant and thus may be shared with all potential bidders or (ii) to set out in detail the rights of and procedures available to consultation participants that allow them to protect confidential information. The candidate or tenderer concerned shall only be excluded from the procedure where there are no other means to ensure compliance with the duty to observe the principle of equal treatment.
Amendment 935 #
2011/0438(COD)
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point a
Article 41 – paragraph 1 – subparagraph 1 – point a
(a) the requirements for the label only concern characteristics which are linked to the subject-matter of the contract and are appropriate to define characteristics of the works, supplies or services that are the subject-matter of the contract;
Amendment 960 #
2011/0438(COD)
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 2
Article 41 – paragraph 1 – subparagraph 2
Contracting authorities requiring a specific label shall accept all equivalent labels that fulfil the requirements of the label indicated by the contracting authorities. For products that do not bear the label, contracting authorities shall also accept a technical dossier of the manufacturer or other appropriate means of proof. It shall be the responsibility of the tenderer to prove equivalence with the label requested.
Amendment 976 #
2011/0438(COD)
Proposal for a directive
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Contracting authorities may authorise tTenderers tomay submit variants. They shall indicate in the contract notice or, where a prior information notice is used as a means of calling for competition, in the invitation to confirm interest whether or not they authorise variants. Variants shall not be authorised without such indication along with a basic proposal.
Amendment 982 #
2011/0438(COD)
Proposal for a directive
Article 43 – paragraph 2
Article 43 – paragraph 2
2. Contracting authorities authorising variants shall state in the procurement documents the minimum requirements to be met by the variants and any specific requirements for their presentation. They shall also ensure that the chosen award criteria can be usefully applied to variants meeting those minimum requirements as well as to conforming tenders which are not variants.
Amendment 991 #
2011/0438(COD)
Proposal for a directive
Article 44 – paragraph 1 – subparagraph 1
Article 44 – paragraph 1 – subparagraph 1
Public contracts may be subdivided into homogenous or heterogeneous lots. For contracts with a value equal to or greater than the thresholds provided for in Article 4 but not less than EUR 500 000, determined in accordance with Article 5, where the contracting authority does not deem it appropriate to split into lots, it shall provide in the contract notice or in the invitation to confirm interest a specific explanation of its reasonan explanation of its reasons for its decision to subdivide or not to subdivide into lots.
Amendment 1005 #
2011/0438(COD)
Proposal for a directive
Article 44 – paragraph 2
Article 44 – paragraph 2
Amendment 1007 #
2011/0438(COD)
Proposal for a directive
Article 44 – paragraph 3
Article 44 – paragraph 3
Amendment 1015 #
2011/0438(COD)
Proposal for a directive
Article 44 – paragraph 4
Article 44 – paragraph 4
Amendment 1020 #
2011/0438(COD)
Proposal for a directive
Article 48 – paragraph 1 – subparagraph 1 a (new)
Article 48 – paragraph 1 – subparagraph 1 a (new)
Not later than 48 days after the award of a contract or the conclusion of a framework agreement, contracting authorities shall send a contract award notice on the results of the procurement procedure. In the case of public contracts for services listed in Annex XVI B, the contracting authorities shall indicate in the notice whether they agree to its publication. For such services contracts the Commission shall draw up the rules for establishing statistical reports on the basis of such notices and for the publication of such reports in accordance with the procedure laid down in Article 91.
Amendment 1046 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a
Article 55 – paragraph 3 – subparagraph 1 – point a
(a) where it is aware of any repeated violation of obligations established bywithin Union legislation in the field of social and labour law or environmental law or of the international social and environmentallabour law provisions listed in Annex XI. Compliance with Union legislation or with international provisions also includes compliance in an equivalent mann, but limited to the first tier of suppliers.
Amendment 1081 #
2011/0438(COD)
Proposal for a directive
Article 56 – paragraph 1 – subparagraph 3
Article 56 – paragraph 1 – subparagraph 3
Contracting authorities shall limit any conditions for participation to those that are appropriate to ensure that a candidate or tenderer has the legal and financial capacities and the commercial and technical abilities to perform the contract to be awarded. Consequently, in no case can a tender be rejected solely because it does not include a reference to previous contracts. This criterion can be used as an additional element in the evaluation. All requirements shall be related and strictly proportionate to the subject-matter of the contract, taking into account the need to ensure genuine competition.
Amendment 1087 #
2011/0438(COD)
Proposal for a directive
Article 56 – paragraph 3 – subparagraph 2
Article 56 – paragraph 3 – subparagraph 2
The minimum yearly turnover shall not exceed three times the estimated contract value, except in duly justified circumstances relating to the special risks attached to the nature of the works, services or supplies. The contracting authority shall indicate such exceptional circumstances in the procurement documents.
Amendment 1123 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – introductory part
Article 66 – paragraph 1 – subparagraph 1 – introductory part
1. Without prejudice to national laws, regulations or administrative provisions concerning the remuneration of certain services, the criteriaon on which contracting authorities shall base the award of public contracts shall be one of the following:the most economically advantageous tender.
Amendment 1128 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a
Article 66 – paragraph 1 – subparagraph 1 – point a
Amendment 1135 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b
Article 66 – paragraph 1 – subparagraph 1 – point b
Amendment 1145 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2
Article 66 – paragraph 1 – subparagraph 2
Amendment 1152 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – introductory part
Article 66 – paragraph 2 – introductory part
2. The most economically advantageous tender referred to in point (a) of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject-matter of the public contract in question. Those criteria shallmay include, in addition to the price or costs referred to in point (b) of paragraph 1, other criteria linked to the subject-matter of the public contract in question, such as. Costs shall be assessed using a cost- effectiveness approach, such as a life- cycle costing approach, under the conditions set out in Article 67. Price shall be the decisive award criterion in the case of highly standardised products and services. Other criteria may include:
Amendment 1196 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 3
Article 66 – paragraph 3
Amendment 1299 #
2011/0438(COD)
Proposal for a directive
Article 69 a (new)
Article 69 a (new)
Article 69a Tenders comprising products originating in third countries 1. This Article shall apply to tenders covering products originating in third countries with which the Union has not concluded, whether multilaterally or bilaterally, an agreement ensuring comparable and effective access for Union undertakings to the markets of those third countries. It shall be without prejudice to the obligations of the Union or its Member States in respect of third countries. 2. Any tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries, as determined in accordance with Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code[1], exceeds 50 % of the total value of the products constituting the tender. For the purposes of this Article, software used in telecommunications network equipment shall be regarded as products. 3. Subject to the second subparagraph, where two or more tenders are equivalent in the light of the contract award criteria defined in Article 66, preference shall be given to those tenders which may not be rejected pursuant to paragraph 2. The prices of those tenders shall be considered equivalent for the purposes of this Article, if the price difference does not exceed 3 %. However, a tender shall not be preferred to another pursuant to the first subparagraph where its acceptance would oblige the contracting entity to acquire equipment having technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance, or disproportionate costs. 4. For the purposes of this Article, those third countries to which the benefit of the provisions of this Directive has been extended by a Council Decision in accordance with paragraph 1 shall not be taken into account for determining the proportion, referred to in paragraph 2, of products originating in third countries. 5. The Commission shall submit an annual report to the European Parliament and to the Council, commencing in the second half of the first year following the entry into force of this Directive, on progress made in multilateral or bilateral negotiations regarding access for Union undertakings to the markets of third countries in the fields covered by this Directive, on any result which such negotiations may have achieved, and on the implementation in practice of all the agreements which have been concluded. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may amend the provisions of this Article in the light of such developments. [1] OJ L 302, 19.10.1992, p. 1.
Amendment 1302 #
2011/0438(COD)
Proposal for a directive
Article 69 b (new)
Article 69 b (new)
Article 69b Relations with third countries as regards works, supplies and service contracts 1. Member States shall inform the Commission of any general difficulties, in law or in fact, encountered and reported by their undertakings in securing the award of service contracts in third countries. 2. The Commission shall report to the European Parliament and to the Council before 31 December 2014, and periodically thereafter, on the opening up of service contracts in third countries and on progress in negotiations with these countries on this subject, particularly within the framework of the WTO. 3. The Commission shall endeavour, by approaching the third country concerned, to remedy any situation whereby it finds, on the basis either of the reports referred to in paragraph 2 or of other information, that, in the context of the award of service contracts, a third country: (a) does not grant Union undertakings effective access comparable to that granted by the Union to undertakings from that country; or (b) does not grant Union undertakings national treatment or the same competitive opportunities as are available to national undertakings; or (c) grants undertakings from other third countries more favourable treatment than Union undertakings. 4. Member States shall inform the Commission of any difficulties, in law or in fact, encountered and reported by their undertakings and which are due to the non-observance of the international social and environmental law provisions listed in Annex XI when these undertakings have tried to secure the award of contracts in third countries. 5. In the circumstances referred to in paragraphs 3 and 4, the Commission may at any time propose that the Council decide to suspend or restrict, over a period to be laid down in the decision, the award of service contracts to: (a) undertakings governed by the law of the third country in question; (b) undertakings affiliated to the undertakings specified in point (a) and having their registered office in the Union but having no direct and effective link with the economy of a Member State; (c) undertakings submitting tenders which have as their subject-matter services originating in the third country in question. The Council shall act, by qualified majority, as soon as possible. The Commission may propose these measures on its own initiative or at the request of a Member State. 6. This Article shall be without prejudice to the commitments of the Union in relation to third countries ensuing from international agreements on public procurement, particularly within the framework of the WTO.
Amendment 1328 #
2011/0438(COD)
Proposal for a directive
Article 71 – paragraph 2
Article 71 – paragraph 2
Amendment 1339 #
2011/0438(COD)
Proposal for a directive
Article 71 – paragraph 3
Article 71 – paragraph 3
3. Paragraphs 1 and 2 shall be without prejudice to the question of the principal economic operator’s liability.
Amendment 1362 #
2011/0438(COD)
Proposal for a directive
Article 72 – paragraph 4
Article 72 – paragraph 4
4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 4 and where it is below 15 % of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications.
Amendment 1383 #
2011/0438(COD)
Proposal for a directive
Article 73 – paragraph 1 – point c
Article 73 – paragraph 1 – point c
(c) the Court of Justice of the European Union finds, in a procedure pursuant to Article 258 of the Treaty, that a Member State has failed to fulfil its obligations under the Treaties due to the fact that a contracting authority belonging to that Member State has awarded the contract in question without complying with its obligations under the Treaties and this Directive. A contractor which was unaware of the contracting authority having broken the law may claim compensation for damages sustained as a result of termination.
Amendment 1390 #
2011/0438(COD)
Proposal for a directive
Article 74
Article 74
Amendment 1398 #
2011/0438(COD)
Proposal for a directive
Article 75
Article 75
Amendment 1426 #
2011/0438(COD)
Proposal for a directive
Article 76
Article 76
Amendment 1466 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 1 – subparagraph 1
Article 84 – paragraph 1 – subparagraph 1
1. Member States shall appoint a single independent body responsible forensure the oversight and coordination of implementation activities (hereinafter 'the oversight body'). Member States shall inform the Commission of their designation.
Amendment 1474 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 1 – introductory part
Article 84 – paragraph 3 – subparagraph 1 – introductory part
3. The oversight bodycompetent authorities shall be responsible for the following tasks:
Amendment 1488 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 3
Article 84 – paragraph 3 – subparagraph 3
Amendment 1490 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 4 – subparagraph 1
Article 84 – paragraph 4 – subparagraph 1
4. Without prejudice to the general procedures and working methods established by the Commission for its communications and contacts with Member States, the oversight bodycompetent authorities shall act as a specific contact point for the Commission when it monitors the application of Union law and the implementation of the budget from the Union on the basis of Article 17 of the Treaty on the European Union and Article 317 of the Treaty on the Functioning of the European Union. It shall report to the Commission any violation of this Directive in procurement procedures for the award of contracts directly or indirectly funded by the Union.
Amendment 1491 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 4 – subparagraph 2
Article 84 – paragraph 4 – subparagraph 2
Amendment 1492 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 4 – subparagraph 3
Article 84 – paragraph 4 – subparagraph 3
Amendment 1493 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 5
Article 84 – paragraph 5
5. The investigation and enforcement activities carried out by the oversight bodycompetent authorities to ensure that contracting authorities’ decisions comply with this Directive and the principles of the Treaty shall not replace or prejudge the institutional role of the Commission as guardian of the Treaty. When the Commission decides to refer the treatment of an individual case pursuant to paragraph 4, it shall also retain the right to intervene in accordance with the powers conferred to it by the Treaty.
Amendment 1494 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 6
Article 84 – paragraph 6
Amendment 1495 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 6 – introductory part
Article 84 – paragraph 6 – introductory part
6. Contracting authorities shall transmit to the national oversight bodycompetent authorities the full text of all concluded contracts with a a value equal to or greater than
Amendment 1500 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 7
Article 84 – paragraph 7
Amendment 1502 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 7 – subparagraph 1
Article 84 – paragraph 7 – subparagraph 1
7. Without prejudice to the national law concerning access to information, and in accordance with national and EU legislation on data protection, the oversight bodycompetent authorities shall, upon written request, give unrestricted and full direct access, free of charge, to the concluded contracts referred to in paragraph 6. Access to certain parts of the contracts may be refused where their disclosure would impede law enforcement or otherwise be contrary to the public interest, would harm the legitimate commercial interests of economic operators, public or private, or might prejudice fair competition between them.
Amendment 1504 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 8
Article 84 – paragraph 8
8. A summary of all the activities carried out by the oversight bodycompetent authorities in accordance with paragraphs 1 to 7 shall be included in the annual report referred to in paragraph 2.
Amendment 1524 #
Amendment 1561 #
2011/0438(COD)
Proposal for a directive
Annex 6 – section 8
Annex 6 – section 8
Amendment 1573 #
2011/0438(COD)
Proposal for a directive
Annex 13 – paragraph 1 – point a
Annex 13 – paragraph 1 – point a
(a) Identification of the economic operator; company registration number, name, address, bank;
Amendment 1574 #
2011/0438(COD)
Proposal for a directive
Annex 13 – paragraph 1 – point a a (new)
Annex 13 – paragraph 1 – point a a (new)
(aa) Description of the company, in particular year of establishment, corporate form, owner(s) of the company, members of the board, industry code, short description of the main services and/or production of the company;
Amendment 1575 #
2011/0438(COD)
Proposal for a directive
Annex 13 – paragraph 1 – point c a (new)
Annex 13 – paragraph 1 – point c a (new)
(ca) Certification that the economic operator has fulfilled its obligations in relation to payment of taxes or social security systems according to individual Member States laws;
Amendment 1576 #
2011/0438(COD)
Proposal for a directive
Annex 13 – paragraph 1 – point d a (new)
Annex 13 – paragraph 1 – point d a (new)
(da) Key economic indicators of the economic operator for the last three accounting years: gross sales, EBIT and solvency ratio; compliance to da) for start-up companies is when information from start-up until the present date is adopted into their Public Procurement Passport;
Amendment 1577 #
2011/0438(COD)
Proposal for a directive
Annex 13 – paragraph 1 – point d b (new)
Annex 13 – paragraph 1 – point d b (new)
(db) Key organisational indicators of the economic operator: average number of employees during the last three years and number of employees by the end of the last year; compliance to db) for start-up companies is when information from start-up until the present date is adopted into their Public Procurement Passport;
Amendment 1578 #
2011/0438(COD)
Proposal for a directive
Annex 13 – paragraph 1 – point f
Annex 13 – paragraph 1 – point f
(f) Indication of the period of validity of the Passport, which shall be not less than 6 monthsone year.
Amendment 1584 #
Amendment 1593 #
2011/0438(COD)
Proposal for a regulation
Annex 16 a (new)
Annex 16 a (new)
Annex XVIa Annex XVIa - Part A Services referred to in Article 6a Category Subject CPC CPV Reference N° N° Reference No (1) 1 Maintenance and 6112, From 50100000-6 to repair services 6122, 633, 50884000-5 (except for 886 50310000-1 to 50324200-4 and 50116510-9, 50190000- 3, 50229000-6, 50243000-0), and from 51000000-9 to 51900000-1 2 Land transport services 712 From 60100000-9 to (2), including armoured (except 60183000-4 (except car services, and 71235), 60160000- 7, 60161000- courier services, 7512, 4, 60220000-6), and except transport of mail 87304 from 64120000-3 to 64121200-2 3 Air transport services of 73 (except From 60410000-5 to passengers and freight, 7321) 60424120-3 (except except 60411000-2, 60421000- transport of mail 5), and 60500000-3, and from 60440000-4 to 60445000-9 4 Transport of mail by 71235, 60160000-7, 60161000- land (3) 7321 4 60411000-2, and by air 60421000-5 5 Telecommunications 752 From 64200000-8 to services 64228200-2 72318000- 7, and from 72700000-7 to 72720000-3 6 Financial services: ex 81, 812, (a) Insurance services 814 From 66100000-1 to (b) Banking and 66720000-3 (4) investment services (4) 7 Computer and related 84 From 50310000-1 to services 50324200-4 from 72000000-5 to 72920000-5 (except 72318000-7 and from 72700000-7 to 72720000-3), 79342410- 4 8 Research and 85 From 73000000-2 to development 73436000-7 (except services (5) 73200000-4, 73210000- 7, 73220000-0 ) 9 Accounting, auditing 862 and From 79210000-9 to bookkeeping services 79223000-3 10 Market research and From 79300000-7 to public 864 79330000-6, and opinion polling services 79342310-9, 79342311- 6 11 Management From 73200000-4 to consulting services (6) 865, 866 73220000-0 from and related services 79400000-8 to 79421200-3 and 79342000-3, 79342100- 4 79342300-6, 79342320-2 79342321- 9, 79910000-6, 79991000-7 98362000-8 12 Architectural services; 867 engineering services From 71000000-8 to and integrated 71900000-7 (except engineering services; 71550000- 8) and urban planning and 79994000-8 landscape engineering services; related scientific and technical consulting services; technical testing and analysis services 13 Advertising services 871 From 79341000-6 to 79342200-5 (except 79342000-3 and 79342100-4) 14 Building-cleaning 874, 82201 From 70300000-4 to services and property to 70340000-6, and from management services 82206 90900000-6 to 90924000-0 15 Publishing and printing 88442 From 79800000-2 to services on a fee or 79824000-6, and from contract basis 79970000-6 to 79980000-7 16 Sewage and refuse 94 From 90400000-1 to disposal services; 90743200-9 (except sanitation and similar 90712200- 3), from services 90910000-9 to 90920000-2 and 50190000-3, 50229000- 6 50243000-0 ________________________________________ (1) Except employment contracts. (2) Except contracts for the acquisition, development, production or co-production of programmes by broadcasting organisations and contracts for broadcasting time. (3) Except for rail transport services covered by category 18. (4) Except financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments, and central bank services. Also excluded: services involving the acquisition or rental, by whatever financial procedures, of land, existing buildings, or other immovable property or concerning rights thereon; nevertheless, financial services supplied at the same time as, before or after the contract of acquisition or rental, in whatever form, shall be subject to this Directive. (5) Except research and development services other than those where the benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs on condition that the service provided is wholly remunerated by the contracting authority. (6) Except arbitration and conciliation services Annex XVIa - Part B Services referred to in Article 6a Category Subject CPC CPV Reference N° N° Reference No (1) 17 Hotel and restaurant 64 From 55100000-1 to services 55524000-9, and from 98340000-8 to 98341100-6 18 Rail transport services 711 From 60200000-0 to 60220000-6 19 Water transport 72 From 60600000-4 to services 60653000-0, and from 63727000-1 to 63727200-3 20 Supporting and 74 From 63000000-9 to auxiliary transport 63734000-3 (except services 63711200-8, 63712700- 0, 63712710-3, and from 63727000-1, to 63727200-3), and 98361000-1 21 Legal services 861 From 79100000-5 to 79140000-7 22 Personnel placement 872 From 79600000-0 to and supply services (1) 79635000-4 (except 79611000-0, 79632000- 3, 79633000-0), and from 98500000-8 to 98514000-9 23 Investigation and 873 From 79700000-1 to security services, except (except 79723000-8 armoured car services 87304) 24 Education and 92 From 80100000-5 to vocational education 80660000-8 (except services 80533000- 9, 80533100- 0, 80533200-1) 25 Health and social 93 79611000-0, and from services 85000000-9 to 85323000-9 (except 85321000-5 and 85322000-2) 26 Recreational, cultural 96 From 79995000-5 to and sporting services 79995200-7, and from 92000000-1 to 92700000-8 (except 92230000-2, 92231000- 9, 92232000-6 ) 27 Other services (2) (1) Except employment contracts. (2) Except contracts for the acquisition, development, production or co-production of programmes by broadcasting organisations and contracts for broadcasting time.
Amendment 89 #
2011/0435(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Dual vocational training systems are a key element for low youth unemployment. Given that they are tailored to the requirements of the economy, they permit a smooth transition from training into working life. They should not just be strengthened in this Regulation, but also taken into consideration in other European legislation on reducing youth unemployment. These vocational training systems and their specific features should, moreover, remain unaffected by the rules of Directive 2005/36/EC.
Amendment 264 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4 c – paragraph 1
Article 4 c – paragraph 1
1. The competent authority of the home Member State shall verify the application, create and validate a European Professional Card within twofour weeks from the date it receives a complete application. It shall inform the applicant and the Member State in which the applicant envisages to provide services, of the validation of the European Professional Card. The transmission of the validation information to the host Member States concerned shall constitute the declaration provided for in Article 7. The host Member State may not require a further declaration under Article 7 for the following two years.
Amendment 274 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4 c – paragraph 2
Article 4 c – paragraph 2
2. The decision of the home Member State, or the absence of a decision within the period of twofour weeks referred to in paragraph 1, shall be subject to appeal under national law.
Amendment 282 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4d paragraph 1
Article 4d paragraph 1
1. Upon receipt of a complete application for a European Professional Card, the competent authority of the home Member State shall, within twofour weeks, verify and confirm the authenticity and validity of the submitted supporting documents, create the European Professional Card, transmit it for validation to the competent authority of the host Member State and inform that authority on the corresponding IMI file. The applicant shall be informed by the home Member State of the state of the procedure.
Amendment 595 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Amendment 2 #
2011/0167(NLE)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reiterates that Europe needs an international agreement to step up the fight against counterfeit products as these products are causing billions of Euros of damage every year to European companies, thereby also putting European jobs at risk; notes that in addition, counterfeit products often do not fulfil European safety requirements, posing significant health hazards to consumers;
Amendment 3 #
2011/0167(NLE)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes that ACTA must fully respect Union law, especially the Charter and the data protection acquis; reiterates that it is important that ACTA is not open to any interpretation that could lead Member States to infringe the Charter when implementing provisions of ACTA and therefore calls on the Commission and Member States to ensure legal clarity in the provisions of ACTA;
Amendment 22 #
2011/0167(NLE)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes that concern has especially been raised on those provisions that leave room for flexibility in their implementation, on the basis that these provisions might be implemented in the Union in a manner that could be illegal or contrary to fundamental rights; considers that this is an unsubstantiated assumption which is contrary to the general principles of law and to the letter of ACTA itself as it explicitly requires that the optional or flexible provisions therein be implemented in compliance with fundamental rights and applicable domestic provisions; reiterates however that this does not justify ambiguities contained in ACTA;
Amendment 30 #
2011/0167(NLE)
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Emphasises that Internet Service Providers (ISPs) should not police the Internet and therefore calls on the Commission and the Council to ensure legal clarity on the role of ISPs under ACTA;
Amendment 31 #
2011/0167(NLE)
Draft opinion
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Considers that ACTA only targets large-scale infringement of intellectual property rights (IPRs), allowing for signatory states to exempt non- commercial use from its provisions on criminal enforcement procedures; notes, however, that it is unclear where to draw the line between commercial and non- commercial use; calls therefore on the Commission and on Member States to define the notion of infringement of IPRs on a commercial scale and to add legal clarity as to when Member States could impose criminal enforcement measures on internet users;
Amendment 37 #
2011/0167(NLE)
Draft opinion
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls therefore on the Commission and on Member States to provide solutions for the concerns identified in this opinion, so as to address ambiguities in ACTA and ensure that the strict observance of fundamental rights and freedoms is clearly guaranteed;
Amendment 51 #
2011/0023(COD)
Draft legislative resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the European Parliament resolution of 11 February 2015 on anti-terrorism measures (2015/2530(RSP)),
Amendment 97 #
2011/0023(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) The Commission should ensure that all institutions and agencies of the Union, for example agencies whose workload in the Member States is increased by the provisions of this directive or by the implementing provisions derived from it receive sufficient additional financial and staff resources.
Amendment 106 #
2011/0023(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To prevent, detect, investigate and prosecute terrorist offences and serious crime, it is therefore essential that all Member States introduce provisions laying down obligations on air carriers operating international flights to or from the territory of the Member States of the European Union, intra-EU flights from one Member State to another Member State and domestic flights with a final destination in the same Member State and non-carrier economic operators when involved in booking such flights.
Amendment 113 #
2011/0023(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Air carriers already collect and process PNR data from their passengers for their own commercial purposes. This Directive should not impose any obligation on air carriers and non-carrier economic operators to collect or retain any additional data from passengers or to impose any obligation on passengers to provide any data in addition to that already being provided to air carriers and non-carrier economic operators.
Amendment 115 #
2011/0023(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Non-carrier economic operators, such as travel agencies and tour operators, sell package tours making use of charter flights for which they collect and process PNR data from their customers, yet without necessarily transferring the data to the airline operating the passenger flight.
Amendment 120 #
2011/0023(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The definition of terrorist offences should be taken from Articles 1 to 4 ofapplied in this Directive should be the same as in Council Framework Decision 2002/475/JHA on combating terrorism37. The definition of serous crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedure between Member States38 . However, Member States may exclude those minor offences for which, taking into account their respective criminal justice system, the processing of PNR data pursuant to as amended by Council decision 2008/919/JHA. The term serious crime applied in this dDirective would not be in line with the principle of proportionality. The definition of serious transnational crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA and the United Nations Convention on Transnational Organised Crimeencompasses the crimes listed in Article 2.1. __________________ 38 OJ L 190, 18.7.2002, p. 1.
Amendment 134 #
2011/0023(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The contents of any lists of required PNR data to be obtained by the Passenger Information Unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent, detect, investigate and prosecute terrorist offences or serious crime, thereby improving internal security within the Union as well as protecting the fundamental rights of citizens, notably privacy and the protection of personal data. Such lisdata sets should not contain any personal data that could reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or data concerning health or sexual life of the individual concerned. The PNR data should contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security.
Amendment 139 #
2011/0023(COD)
Proposal for a directive
Recital 15
Recital 15
(15) There are two possible methods of data transfer currently available: the ‘pull’ method, under which the competent authorities of the Member State requiring the data can reach into (access) the air carrier’s reservation system and extract (’pull’) a copy of the required data, and the ‘push’ method, under which air carriers and non-carrier economic operators transfer (’push’) the required PNR data to the authority requesting them, thus allowing air carriers to retain control of what data is provided. The ‘push’ method is considered to offer a higher degree of data protection and should be mandatory for all air carriers and non-carrier economic operators.
Amendment 143 #
2011/0023(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The Member States should take all necessary measures to enable air carriers and non-carrier economic operators to fulfil their obligations under this Directive. Dissuasive, effective and proportionate penalties, including financial ones, should be provided for by Member States against those air carriers and non-carrier economic operators failing to meet their obligations regarding the transfer of PNR data. Where there are repeated serious infringements which might undermine the basic objectives of this Directive, these penalties may include, in exceptional cases, measures such as the immobilisation, seizure and confiscation of the means of transport, or the temporary suspension or withdrawal of the operating licence.
Amendment 161 #
2011/0023(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Member States should share with other Member States and Europol the PNR data that they receive where such transferthis is necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security through. The provisions of this Directive should be without prejudice to other Union instruments on the exchange of information between police and judicial authorities, including Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol)39 and Council Framework Decision 2006/960/JHA of 18 September 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union40 . Such exchange of PNR data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation. __________________ 40 OJ L 386, 29.12.2006, p. 89.
Amendment 163 #
2011/0023(COD)
Proposal for a directive
Recital 28
Recital 28
(28) This Directive does not affect the possibility for Member States to provide, under their domestic law, for a system of collection and handling of PNR data for purposes other than those specified in this Directive, or from transportation providers other than those specified in the Directive, regarding internal flights subject to compliance with relevant data protection provisions, provided that such domestic law respects the Union acquis. The issue of the collection of PNR data on internal flights should be the subject of specific reflection at a future date.
Amendment 173 #
2011/0023(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) PNR data should be processed to the greatest extent possible in a masked out way in order to ensure a highest level of data protection by making it impossible for those having access to masked out data to identify a person and to draw conclusions as to what persons are related to that data. Re-identifying masked out data is possible only under conditions ensuring a high level of data protection.
Amendment 203 #
2011/0023(COD)
Proposal for a directive
Recital 28
Recital 28
(28) This Directive does not affect the possibility for Member States to provide, under their domestic law, for a system of collection and handling of PNR data for purposes other than those specified in this Directive, or from transportation providers other than those specified in the Directive, regarding internal flights subject to compliance with relevant data protection provisions, provided that such domestic law respects the Union acquis. The issue of the collection of PNR data on internal flights should be the subject of specific reflection at a future date.
Amendment 206 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘international flight’ means any scheduled or non-scheduled flight by an air carrier planned to land on the territory of a Member State originating in a third country or to depart from the territory of a Member State with a final destination in a third country, including in both cases any transfer or transit flights, with the exception of air ambulance flights for the transport of patients and organs;
Amendment 207 #
2011/0023(COD)
Proposal for a directive
Recital 29
Recital 29
(29) As a result of the legal and technical differences between national provisions concerning the processing of personal data, including PNR, air carriers and non- carrier economic operators are and will be faced with different requirements regarding the types of information to be transmitted, as well as the conditions under which this information needs to be provided to competent national authorities. These differences may be prejudicial to effective cooperation between the competent national authorities for the purposes of preventing, detecting, investigating and prosecuting terrorist offences or serious crime.
Amendment 219 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘serious crime’ means the offences under national law referred to in Article 2(2) of Council Framework Decision 2002/584/JHA if they are punishable by a custodial sentence or a detention order for a maxinimum period of at least threfive years under the national law of a Member State, however, Member States may exclude those minor offences for which, taking into account their respective criminal justice system, the processing of PNR data pursuant to this directive would not be in line with the principle of proportionality;
Amendment 223 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i – introductory part
Article 2 – paragraph 1 – point i – introductory part
(i) ‘serious transnational crime’ means the offences under national law referred to in Article 2(2) of Council Framework Decision 2002/584/JHA if they are punishable by a custodial sentence or a detention order for a maximum period of at least threfive years under the national law of a Member State, and if :
Amendment 227 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive provides for the transfer by air carriers of Passenger Name Record data of passengers of international flights to and from the Member Staterelating to passenger flights between EU Member States and third countries, for intra-EU flights and domestic flights, as well as the processing of that data, including its collection, use and retention by the Member States and its exchange between them.
Amendment 231 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Directive shall also apply to non- carrier economic operators that gather or store PNR data on passenger flights planned to land on the territory of a Member State originating in a third country or to depart from the territory of a Member States with a final destination in a third country, to intra-EU-flights and to domestic flights;
Amendment 236 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Two or more Member States may establish or designate a single authority, such as Europol, to serve as their Passenger Information Unit. Such Passenger Information Unit shall be established in one of the participating Member States, or at Europol, and shall be considered the national Passenger Information Unit of all such participating Member States. The participating Member States shall agree on the detailed rules for the operation of the Passenger Information Unit and shall respect the requirements laid down in this Directive.
Amendment 239 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The PNR data collected in accordance with this Directive may be processed only for the following purposes: (a) Thepurposes of prevention, detection, investigation and prosecution of terrorist offences, and serious crime according to Article 4 (2)(b) and (c); and (b) The prevention, detection, investigation and prosecution of terrorist offences and serious transnational crime according to Article 4(2)(a) and (d). or the prevention of immediate and serious threats to public security. deleted deleted
Amendment 253 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) 'intra-EU flight' means any scheduled or non-scheduled flight by an air carrier originating in a Member State with a final destination in another Member State, including any transfer of transit flights;
Amendment 254 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b b (new)
Article 2 – paragraph 1 – point b b (new)
(bb) 'domestic flight' means any scheduled or non-scheduled flight by an air carrier originating in a Member State with a final destination in the same Member State;
Amendment 257 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘Passenger Name Record’ or 'PNR data' means a record of each passenger’s travel requirements captured and retained electronically by the air carrier or the non-carrier economic operators in its normal course of business which contains information necessary to enable reservations to be processed and controlled by the booking and participating air carriers for each journey booked by or on behalf of any person, whether it is contained in reservation systems, Departure Control Systems (DCS) or equivalent systems providing the same functionalities. Passenger data includes data created by air carriers or non-carrier economic operators for each journey booked by or on behalf of any passenger and contained in carriers' reservation systems, DCS, or equivalent systems providing similar functionality. PNR data consists of the data fields set out in the Annex;
Amendment 260 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘'reservation systems’' means the air carrier’'s or the non-carrier economic operator's internal inventory system, in which PNR data are collected for the handling of reservations;
Amendment 262 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) Non-carrier economic operator means an economic operator, such as travel agencies and tour operators, that provides travel-related services, including the bookings of flights for which they collect and process PNR data of passengers;
Amendment 264 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ’push method’ means the method whereby air carriers transfer the required PNR dataand non-carrier economic operator transfer their existing PNR data listed in the Annex to this Directive into the database of the authority requesting them;
Amendment 268 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘terrorist offences’ means the offences under national law referred to in Articles 1 to 4 of Council Framework Decision 2002/475/JHA; on combating terrorism as amended by Council decision 2008/919/JHA.
Amendment 281 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
Amendment 296 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) Masked out means rendering certain data elements of PNR data indecipherable to a user, without deleting them (e.g. by the means of applying a cryptographic state-of-the-art function to the elements of clear text data making a passenger identifiable); elements that are rendered indecipherable must comprise all elements making a passenger identifiable. Identical clear text data may result in identical masked out data in order to make it possible to match data without identifying the persons who are subject to that data.
Amendment 303 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall set up or designate an authority competent for the prevention, detection, investigation or prosecution of terrorist offences and serious crime and the prevention of immediate and serious threats to public security or a branch of such an authority to act as its ‘Passenger Information Unit’ responsible for collecting PNR data from the air carriers and non-carrier economic operators, storing them, analyprocessing them and transmitting the result of the analysisPNR data or the result of the processing thereof to the competent authorities referred to in Article 5. Its staff members may be seconded from competent public authoritieThe Passenger Information Unit is also responsible for the exchange of PNR data or the result of the processing thereof with Passenger Information Unit of other Member States in accordance with Article 7. Its staff members may be seconded from competent public authorities. It shall be provided with adequate resources in order to fulfil its tasks.
Amendment 324 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Each Passenger Information Unit shall appoint an independent Data Protection Officer, who ensures the internal supervision of the Passenger Information Unit's activities and will totally oversee the transfer of PNR data to other competent authorities, to other Member States and Europol. The Data Protection Officer shall report wrong conduct of the data protection requirements set out in this directive
Amendment 333 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, wWith regard to persons identified by a Passenger Information Unit in accordance with Article 4(2)(a) and (b), the result of the processing of PNR data ishall be transmitted by that Passenger Information Unit to the Passenger Information Units of other Member States, and, where the former Passenger Information Unit considersconditions of Council Decision 2009/371/JI of 6 April 2009 are met, to Europol irrespective of whether Europol is acting as the Passenger Information Unit within the meaning of Article 3, where the first Passenger Information Unit comes to the conclusion that such transfer to beis necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime. The Passenger Information Units of the receiving Member States shall transmit such PNR data or the result of the processing of PNR data to their relevant competent authorities.
Amendment 333 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The PNR data transferred by the air carriers and the non-carrier economic operators, pursuant to Article 6, in relation to international flights which land on or depart from the territory of each Member State shall be collected only by the Passenger Information Unit of the relevant Member State. Should the PNR data transferred by air carriers and non-carrier economic operators include data beyond those listed in the Annex, the Passenger Information Unit shall delete such data immediately upon receipt.
Amendment 339 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Passenger Information Unit of a Member State and, where the conditions of Council Decision 2009/371/JI of 6 April 2009 are met, Europol shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’s database in accordance with Article 9(1), and, if necessary, also the result of the processing of PNR data. The request for such data may be based on any one or a combination of data elements, as deemed necessary by the requesting Passenger Information Unitbody for a specific case of prevention, detection, investigation or prosecution of terrorist offences or serious crime. Passenger Information Units shall provide the requested data as soon as practicable and shall provide also the result of the processing of PNR data, if it has already been prepared pursuant to Article 4(2)(a) and (b).
Amendment 344 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or serious transnational crime and who require further examination by the competent authorities referred to in Article 5 as well as Europol. In carrying out such an assessment, the Passenger Information Unit may process PNR data against pre-determined criteria in accordance with this Directive, and may compare PNR data against relevant databases, including international or national databases or national mirrors of Union databases, where they are established on the basis of Union law, on persons or objects sought or under alert, in accordance with Union, international and national rules applicable to such files. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated means in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 345 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Passenger Information Unit of a Member State and, where the conditions of Council Decision 2009/371/JI of 6 April 2009 are met, Europol shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’s database in accordance with Article 9(2), and, if necessary, also the result of the processing of PNR data. The Passenger Information Unitrequesting body may request access to specific PNR data kept by the Passenger Information Unit of another Member State in their full form without the masking out only in exceptional circumstances in response to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crime.
Amendment 365 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) responding, on a case-by-case basis based on sufficient evidence, to duly reasoned requests from competent authorities or Europol to provide PNR data and process PNR data in specific cases for the purpose of prevention, detection, investigation and prosecution of a terrorist offence or serious crime listed in Article 2.1 (i) or the prevention of an immediate and serious threat to public security, and to provide the competent authorities with the results of such processing; and
Amendment 382 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The assessment of the passengers prior to their scheduled arrival or departure from the Member State referred to in point (a) of paragraph 2 shall be carried out in a non- discriminatory manner on the basis of assessment criteria established by its Passenger Information Unit. Member States shall ensure that the assessment criteria are set by the Passenger Information Units, in cooperation with the competent authorities referred to in Article 5. The assessment criteria shall in no circumstances be based on a person’s raceracial or ethnic origin, political opinions, religious or philosophical belief, political opinions, trade union membership, health or sexual life.
Amendment 411 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Each Member State shall adopt a list of the competent authorities entitled to request or receive masked out PNR data or the result of the processing of PNR data from the Passenger Information Units in order to examine that information further or take appropriate action for the specific purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious crime or the prevention of immediate and serious threats to public security. Europol shall be entitled to request or receive PNR data or the result of the processing of PNR data from the Passenger Information Units of the Member States within the limits of its mandate and when necessary for the performance of its tasks.
Amendment 418 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Competent authorities shall consist of authorities competent for the prevention, detection, investigation or prosecution of terrorist offences and serious crime or the prevention of immediate and serious threats to public security.
Amendment 429 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The PNR data of passengers and the result of the processing of PNR data received by the Passenger Information Unit may be further processed by the competent authorities of the Member States only for the purpose of preventing, detecting, investigating or prosecuting terrorist offences or serious crime or the prevention of immediate and serious threats to public security.
Amendment 446 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall adopt the necessary measures to ensure that air carriers and non-carrier economic operators transfer ('push') the PNR data as defined in Article 2(c) and specified in the Annex, to the extent that such data are already collected by them, to the database of the national Passenger Information Unit of the Member State on the territory of which the international flight will land or from the territory of which the flight will depart. Where the flight is code-shared between one or more air carriers, the obligation to transfer the PNR data of all passengers on the flight shall be on the air carrier and the non-carrier economic operator that operates the flight. Where the flight has one or more stop-overs at the airports of the Member States, air carriers and the non-carrier economic operators shall transfer the PNR data to the Passenger Information Units of all the Member States concerned.
Amendment 457 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Air carriers and non-carrier economic operator shall transfer PNR data by electronic means using the common protocols and supported data formats to be adopted in accordance with the procedure of Articles 13 and 14 or, in the event of technical failure, by any other appropriate means ensuring an appropriate level of data security:
Amendment 461 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a – introductory part
Article 6 – paragraph 2 – point a – introductory part
(a) once, 24 to 48 hours before the scheduled time for flight departure;
Amendment 469 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States may permit air carriers and non-carrier economic operators to limit the transfer referred to in point (b) of paragraph 2 to updates of the transfer referred to in point (a) of paragraph 2.
Amendment 476 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. On a case-by-case basis, upon request from a Passenger Information Unit in accordance with national law, air carriers and non-carrier economic operator shall transfer PNR data where access earlier than that mentioned in point (a) of paragraph 2 is necessary to assist in responding to a specific and actual threat related to terrorist offences or serious crime.
Amendment 485 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, with regard to persons identified by a Passenger Information Unit in accordance with Article 4(2)(a) and (b), the result of the processing of PNR data is transmitted by that Passenger Information Unit to the Passenger Information Units of other Member States where the former Passenger Information Unit considersand to Europol where any elements indicate such a transfer to be necessaryhelpful for the prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security. The Passenger Information Units of the receiving Member States shallmay transmit such PNR data or the result of the processing of PNR data to their relevant competent authorities through using their Passenger Information Unit and using Europol's existing Secure Information Exchange Network Application (SIENA).
Amendment 492 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’'s database in accordance with Article 9(1),and have not yet been masked out and, if necessary, also the result of theany processing of PNR data. Thethereof, if it has already been prepared pursuant to Article 4(2)(a). The duly reasoned request for such data may be based on any one or a combination of data elements, as deemed necessary by the requesting Passenger Information Unit for a specific case of prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security. Passenger Information Units shall provide the requested data as soon as practicable and shall provide also the result of the processing of PNR data, if it has already been prepared pursuant to Article 4(2)(a) and (b)ossible.
Amendment 501 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’s database in accordance with Article 9(2), and, if necessary, also the result of the processing of PNR data. The Passenger Information Unit may request access to specific PNR data kept by the Passenger Information Unit of another Member State in their full form without the masking out only in exceptional circumstances in responhave been already masked out. The Passenger Information Unit shall only provide the full PNR data where it is reasonably believed that it is necessary for the purpose of Article 4(2)(b) and only when authorised to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crimedo so by an authority competent under Article 9(3).
Amendment 512 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Only in those cases where it is necessary for the prevention of an immediate and serious threat to public securitywhen necessary in cases of emergency and under the conditions laid down in paragraph 2 and 3 may the competent authorities of a Member State request directly the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’'s database in accordance with Article 9(1) and (2). Such requests shall relate to a specific investigation or prosecution of terrorist offences or serious crime and shall be reasoned. Passenger Information Units shall respond to such requests as a matter of priority. The requests from the competent authorities, a copy of which shall always be sent to the Passenger Information Unit of the requesting Member State, shall be reasoned. In all other cases the competent authorities shall channel their requests through the Passenger Information Unit of their own Member State.
Amendment 524 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Exceptionally, where early access is necessary to respond to a specific and actual threat related to terrorist offences or serious crime or to prevent an immediate and serious threat to public security, the Passenger Information Unit of a Member State shall have the right to request the Passenger Information Unit of another Member State to provide it with PNR data of flights landing in or departing from the latter’s territory at any time.
Amendment 536 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Passenger Information Units shall establish the possibility for Europol to request access to PNR data.
Amendment 539 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 b (new)
Article 7 – paragraph 6 b (new)
6b. Member States shall ensure that their Passenger Information Unit's, in order to fulfil their tasks as laid down in Article 4(2)(c), co-operate in the application of state-of-the-art technologies through Europol using technologies that shall allow Passenger and Europol to combine their data with that of other Passenger Information Unit's by ensuring full protection of personal data with the aim of analysing the data pursuant to Article 4(2)(c).
Amendment 545 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
A Member State may transfer PNR data and the results of the processing of PNR data to a third country, only on a case-by- case basis and in duly reasoned request based on sufficient evidence and if:
Amendment 554 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the conditions laid down in Article 13 of Council Framework Decision 2008/977/JHA are fulfilled,transfer is necessary for the prevention, investigation, detection or prosecution of criminal offences, the prevention of immediate and serious threats to public security or the execution of criminal penalties;
Amendment 562 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a b (new)
Article 8 – paragraph 1 – point a b (new)
(ab) the Member State from which the data were obtained has given its consent to transfer in compliance with its national law;
Amendment 565 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a c (new)
Article 8 – paragraph 1 – point a c (new)
(ac) the third country or international body concerned ensures an adequate level of protection for the intended data processing;
Amendment 634 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 a (new)
Article 9 – paragraph 2 – subparagraph 1 a (new)
Re-identification of masked out PNR data and access to the full PNR data shall be permitted only by the Data Protection Officer for the purposes of Article 4(2)(b) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk related to terrorist offences or a specific investigation or prosecution related to a crime listed in Article 2.1 or the prevention of an immediate and serious threat to public security.
Amendment 659 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the PNR data are deleted permanently upon expiry of the period specified in paragraph 2. This obligation shall be without prejudice to cases where specific PNR data have been transferred to a competent authority and are used in the context of specific criminal investigations or prosecutions, in which case the retention of such data by the competent authority shall be regulated by the national law of the Member State.
Amendment 675 #
2011/0023(COD)
Proposal for a directive
Article 10 – title
Article 10 – title
Penalties against air carriers and non- carrier economic operators
Amendment 679 #
2011/0023(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure, in conformity with their national law, that dissuasive, effective and proportionate penalties, including financial penalties, are provided for against air carriers and non-carrier economic operators which, do not transmit the data required under this Directive, to the extent that they are already collected by the them, or do not do so in the required format or otherwise infringe the national provisions adopted pursuant to this Directive.
Amendment 687 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Each Passenger Information Unit shall appoint a Data Protection Officer in order to ensure compliance with existing national and Union data protection law and fundamental rights; that person shall be trained and qualified to a high standard in data protection law.
Amendment 689 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Each Member State shall provide that the provisions adopted under national law in implementation of Articles 21 and 22 of the Council Framework Decision 2008/977/JHA regarding confidentiality of processing and data security shall also apply to all processing of personal data pursuant to this Directive. Air carriers which collect contact details for passengers who have booked their flights through a travel agency or other travel intermediary shall be prohibited from using those data for marketing purposes.
Amendment 702 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. All processing of PNR data by air carriers and non-carrier economic operators, all transfers of PNR data by Passenger Information Units and all requests by competent authorities or Passenger Information Units of other Member States and third countries, even if refused, shall be logged or documented by the Passenger Information Unit and the competent authorities for the purposes of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of data processing, in particular by the national data protection supervisory authorities and the Data Protection Officer. These logs shall be kept for a period of fiseven years unless the underlying data have not yet been deleted in accordance with Article 9(3) at the expiry of those fiseven years, in which case the logs shall be kept until the underlying data are deleted.
Amendment 704 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Those persons who operate security controls, who access and analyse the PNR data, and who operate the data logs, must be security cleared and security trained.
Amendment 713 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Any transfer of PNR data by Passenger Information Units and competent authorities to private parties in Member States or in third countries shall be prohibited. Any wrong conduct should be sanctioned.
Amendment 776 #
2011/0023(COD)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 781 #
2011/0023(COD)
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) undertake a review of the operation of this Directive and submit a report to the European Parliament and the Council within fourseven years after the date mentioned in Article 15(1). Such review shall cover all the elements of this Directive, with special attention to the compliance with standard of protection of personal data, the length of the data retention period and the quality of the assessments. It shall also contain the statistical information gathered pursuant to Article 18.
Amendment 4 #
2010/2239(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Asserts that, despite the differences between Member States as to the funding of pension insurance systems, contributory and redistributive schemes remain the main pillar for pension insurance, in particular for workers on the lowest incomes, and that particular attention must therefore be paid to the financial sustainability and viability of such schemes and to the implications of their future funding requirements for public finances within the European Union.
Amendment 10 #
2010/2239(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Is convinced that the mobility of contribution-paying workers, which is what the Union and its single market need to a greater extent, requires across-the- board portability of pension entitlements accrued in any national pension insurance schemes, whether contributory and redistributive or funded.
Amendment 12 #
2010/2239(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that the change in the balance between the retired and working populations has weakened pay-as-you-go pension schemes based on the principle of solidarity.
Amendment 13 #
2010/2239(INI)
Motion for a resolution
Recital C
Recital C
Amendment 14 #
2010/2239(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Points up the complementarity and interdependence of the various pension scheme pillars.
Amendment 26 #
2010/2239(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 28 #
2010/2239(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Emphasises that to meet citizen's expectations as regards the Union's internal market, ideally all pension rights should be portable within the EUStresses the need for all pension rights to be portable within the EU so as to strengthen the mobility of European citizens and meet their expectations as regards the Union's internal market; considers that currently only statutory and occupational pensions are portable in theory.
Amendment 33 #
2010/2239(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls upon the Commission to further examineexamine in depth the obstacles to portability, such as accounting standards and fiscal barriers, in order to submit proposals to remove these, accompanied with appropriate supervision measures.
Amendment 107 #
2010/2239(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 207 #
2010/2239(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 285 #
2010/2239(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 433 #
2010/2239(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Is concerned about the inadequate information provided to the public by public authorities and bodies administering pensions concerning the necessity, possibilities, accumulated entitlements, likely results and actual state of affairs with regard to old-age pensions; calls on the Commission and Member States to launch campaigns to enable and encourage members of the public to take measures to ensure adequate pension provision for themselves;
Amendment 2 #
2010/2095(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that in creating the best environment to maintain and develop a strong, competitive, sustainable and diversified industrial base in Europe and supporting the transition of manufacturing sectors to greater energy and resource efficiency, it is also necessary to ensure decent employment and social cohesion;
Amendment 4 #
2010/2095(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Believes in the necessity to maintain and strengthen Europe on the global industrial map, especially given that new industrial opportunities arise from EU investment commitments in the fields of e.g. climate change and energy which will open up employment opportunities in high-skill areas;
Amendment 5 #
2010/2095(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for renewed investment in Europe’s industrial workforce, with a strong emphasis on sectoral social dialogue to manage structural changes caused by globalisation and the promotion of a resource and energy efficient economy;
Amendment 8 #
2010/2095(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that a new long term- strategy for a sustainable EU industry should achieve a fair shift in employment to low-carbon industries, make knowledge and creativity the main resource of people, companies and regions, and actively support innovation, investment and job creation in new areais a necessary component of the EU 2020 strategy, and that it must focus on high- edge industries which can be competitive on the global stage and champion innovative technological solutions in the areas of energy provision and reducing carbon emissions;
Amendment 11 #
2010/2095(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Insists that a fair shift in employment should be fostered to low- carbon industries, make knowledge and creativity the main resource of people, companies and regions, and actively support innovation, investment and job creation in new areas, where strong international competition must be confronted with adequate investment and pooling of competences and resources;
Amendment 16 #
2010/2095(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that protecting intellectual property rights is the cornerstone for protecting European know-how and promoting innovation within the EU, which notably entails stepping up the fight against counterfeiting and reducing the cost of patents in Europe; calls on the Member States and the Commission in this context to continue their efforts with a view to the earliest possible creation of a European Union patent and a suitable dispute-settlement system, and to strengthen resources and coordination between customs authorities and market surveillance authorities in order better to detect the entry onto the single market of counterfeit products;
Amendment 20 #
2010/2095(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Stresses that access to financing for enterprises, particularly SMEs, remains inadequate and the EU should innovate in order to provide more favourable framework conditions for the development of investment in the real economy; takes the view that, in a context of budgetary crisis, it is more necessary than ever to explore new funding methods, notably by reducing the fragmentation of the capital risk market, developing innovative public- private partnerships such as joint technological initiatives and strengthening the role of the EIB;
Amendment 22 #
2010/2095(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Takes the view that competition policy must respond to the needs of an ambitious industrial policy, whilst respecting the rules of the internal market;
Amendment 25 #
2010/2095(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls in particular on the Commission to createenvision a legal framework for cross-border collective bargaining in order to ensure the enforceability ofmake possible cross- border agreements and to tackle the challenges concerning the organisation of work, employment conditions and training.
Amendment 26 #
2010/2095(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Points out that European industry is increasingly dependent on business services and in this light particular attention needs to be paid to all the main links in the production chain; welcomes, in this context, the willingness expressed by the Commission to attach greater importance to these interdependencies;
Amendment 27 #
2010/2095(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to ensure a global level playing-field for European industry in terms of regulatory requirements and market accessBelieves that, in an age of globalisation, any ambitious EU economic and social strategy must contain a genuine external dimension; takes the view that Europe should defend its interests and values with greater assurance and in a spirit of reciprocity and mutual benefits; calls on the Commission, in this context, to ensure a global level playing-field for European industry, by promoting regulatory convergence and improved access to our partners' markets, particularly public procurement, and to draw up a strategy to support the internationalisation of SMEs.;
Amendment 1 #
2010/2051(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
having regard to the Commission communication of 25 June 2008 entitled "Think Small First" - A "Small Business Act" for Europe (COM(2008)0394),
Amendment 6 #
2010/2051(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas principle VII of the "Small Business Act" underlines the importance of promoting SME's participation and defence of SME's interests in standardisation,
Amendment 52 #
2010/2051(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the need, which has been recognised since the 1990s, to ensure direct participation by societal stakeholders and SMEs at European level in order to reflect their views more effectively, given that their representation on national technical committees remains weak; affirms that, as very limited progress has been made to increase SMEs and societal stakeholder participation at national level, financial and political support for the European organisations established to represent such stakeholders needs to be maintained at least in the period to 2020;
Amendment 63 #
2010/2051(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Holds the view that these European organisations must obtain a stronger role within the ESOs; recommends that, without prejudice to the national delegation principle, all such organisations should be given a vote in the ESO technical bodies, on condition that they are associate members or cooperating partners of the ESOs and have participated in the respective work item at technical level; considers also that such organisations should, under the same conditions, be given a symbolic vote in the formal adoption of standards, which would not necessarily be counted in the voting result but would serve as an indicator of the level of support for a given standard among all stakeholders;
Amendment 86 #
2010/2051(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Urges Member States to ensure effective representation of all relevant stakeholders on national technical committees by establishing monitoring and reporting mechanisms and, where necessary, providing financial support to weaker societal stakeholders and to SMEs in order to facilitate their participation;
Amendment 2 #
2010/2009(INI)
Draft opinion
Recital A
Recital A
A. whereas remuneration in the financial sector and in some listed companies for categories of staff whose professional activity has a material impact on the company’s risk profile has been disproportionately high and based on securing short-term profits, creating increasingly risky business models to the detriment of workers, savers and investors,
Amendment 7 #
2010/2009(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 12 #
2010/2009(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Suggests including corporate social responsibility targets in the long-term criteria justifying the payment of deferred variable remuneration; insists that such remuneration must be determined exclusively by the longer term performance of the company concerned;
Amendment 96 #
2010/0252(COD)
Proposal for a decision
Article 7 – paragraph -1 (new)
Article 7 – paragraph -1 (new)
-1. In order to support the further development of innovative audiovisual media and other services to European citizens, taking into account the economic and social benefits of a digital single market, Member States, in cooperation with the Commission, shall ensure sufficient spectrum availability for satellite and terrestrial provision of such services.
Amendment 5 #
2009/2175(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the opinion of the Committee of the Regions of 10 February 2010 on ‘contributing to Sustainable Development: the role of Fair Trade and non-governmental trade-related sustainability assurance schemes’ (RELEX-IV-026),
Amendment 6 #
2009/2175(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
- having regard to its resolution of 6 June 2006 on Fair Trade and Development (2005/2245 (INI)),
Amendment 18 #
Amendment 19 #
2009/2175(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Deplores the fact that the aims of the 2004 revision of the public procurement directives have not yet been achieved particularly with regard to the simplification of the procurement rules as well as the creation of more legal certainty; expresses the hope, however, that the most recent judgments handed down by the CJEU will help to resolve the outstanding legal issues and that the number of appeal procedures will fall;
Amendment 25 #
2009/2175(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores, further, the fact that, in particular as a result of the interaction between European, national and regional law, as well as the plethora of soft law proposals put forward by the Commission and Commission departments and of the interpretation of the relevant legal provisions by European courts, the interaction between European, national and regional lawand National courts, has given rise to a complicated and confusing set of rules which is creating, in particular for smaller local authorities and for small and medium-sized undertakings, serious legal problems which they can no longer overcome without incurring substantial administrative costs or seeking external legal advice; urges the Commission to remedy this situation and, as part of the Better Lawmaking initiative, to examine the impact of soft law proposals, to restrict them to the essential and assess them in the light of the principles of subsidiarity and proportionality;
Amendment 28 #
2009/2175(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that as a result of this development, the public procurer often has to prioritize legal certainty above policy needs, and given the pressure on public budgets, frequently has to award the contract or service to the cheapest offer, rather than to the most economically advantageous tender. Is afraid that this will weaken the EU’s innovative base and global competitiveness; Urges the Commission to remedy this situation and to develop strategic measures to encourage, empowering public procurers to give contracts to the most economical and best quality offers;
Amendment 33 #
2009/2175(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Criticises the lack of transparency regarding the composition and results of the work of the internal Commission advisory committee on public procurement (ACPP) or the role and competencies of the advisory Committee on the Opening up of Public Procurement (CCO) and calls on the Commission to take steps to ensure that both this committee and the planned new advisory committee on public-private partnerships have a balanced composition and work in a transparent manner; demands that the European Parliaments is properly informed and is provided with all the information available;
Amendment 37 #
2009/2175(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Takes the view that as public contracts concern public funds, they should be transparent and open for public scrutiny; asks the Commission for clarification to ensure that local and other public authorities have legal certainty and can inform their citizens of their contractual obligations;
Amendment 38 #
2009/2175(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission, when reviewing the public procurement directives, to take account of the opinions expressed in this report; expects that review to be carried out with the full involvement of all stakeholders, but warns that it regards a revision of the directives at this juncture as premature; when such a revision is carried out at a later date, however, advocates that it shoul and in close cooperation with the European Parliament; advocates that a revision should take into account the whole framework and also encompass the directive on review procedures concerning public contracts, in order to prevent any further fragmentation of public procurement law; takes the view that the practical impact of that directive cannot yet be assessed, as it has not been transposed in all the Member States;
Amendment 46 #
Amendment 48 #
2009/2175(INI)
Motion for a resolution
Paragraph 6 – indent 1
Paragraph 6 – indent 1
- the purpose of the partnership is the joint provision of a public-service task conferred on all local authorities,
Amendment 66 #
Amendment 67 #
2009/2175(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes the Commission Communication of 19 November 2009 on the development of public-private partnerships and awaits the relevant impact assessment with great interest; emphasises that due account must be taken of both the complexity of the procedures and the differences in legal culture and practice between the Member States with regard to service concessions, and doubts, therefore, whether a proposal for a legal act dealing with service concessions would have any added value; takes the view that with the 2004 public procurement directives and the supplementary case-law of the CJEU the process of defining the term ‘service concession’ and establishing the legal framework governing such concessions has been completed;
Amendment 77 #
Amendment 78 #
2009/2175(INI)
Motion for a resolution
Paragraph 10 – indent 1
Paragraph 10 – indent 1
- the private participant must be selected by means of a public procedure,transparent procedure, with publication in advance of the contract following a review of the financial, technical, operational and administrative requirements and the characteristics of the tender in the light of the particular service to be provided;
Amendment 79 #
2009/2175(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Insists that any proposal for a legal act dealing with service concessions would only be justified with a view to remedying distortions in the functioning of the internal market; that such distortions have not been identified hitherto, and that therefore, a legal act on service concessions is unnecessary as long as it is not geared at an identifiable improvement in the functioning of the internal market;
Amendment 82 #
Amendment 83 #
2009/2175(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Looks forward with great interest to the CJEU judgment in Case C-451/08 and hopes that it will clarify the issues still under dispute in the area of town planning; endorses the opinion delivered by the Advocate-General of the CJEU in this case on 17 November 2009 to the effecttakes the view that ‘the broad and ambitious aims of the directive must be borne in mind when interpreting the Directive but it should not be assumed that, by appealing to the purpose of the measure, its scope can be extended indefinitely’ (point 35); otherwise there would be a danger that ‘all town planning activities would be subject to the Directive since, by definition, provisions on the possible execution of building works substantially alter the value of the land in question’ (point 36);
Amendment 85 #
Amendment 86 #
2009/2175(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that the European Parliament it is a party to the action Germany v Commission brought before the CJEU against the Commission interpretative communication of 1 August 2006 on the Community law applicable to contract awards not or not fully subject to the provisions of the Public Procurement Directives and expects a prompt ruling;
Amendment 87 #
2009/2175(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
Micro, small and medium-sized enterprises 12a. Asks the Commission to evaluate the impact of the public procurement directives on micro, small and medium- sized enterprises especially in their role as sub-contractor and to assess for a future review of the directives if we need further rules for the award of sub-contracts to avoid specifically that SMEs as subcontractors get worse conditions than the main contractor of the public contract;
Amendment 93 #
Amendment 94 #
2009/2175(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Draws attention to the great importance of public procurement for climate and environmental protection, energy efficiency, the environment and innovation and reiterates that public authorities should be encouraged and put in a position to base public procurement on ecological, social and other criteria; welcomes the practical assistance given to public authorities and other public bodies in connection with sustainable procurement and urges the Commission and the Member States to organise training courses and campaigns to raise awareness of this issue; supports the idea of a transparent process, involving the Member States, to develop the relevant criteria further; points out that in the area of social criteria in particular such a process offers good prospects for improvements;
Amendment 109 #
2009/2175(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for the development of a database so that the criteria on which the various labels are based can be used for public procurement purposes; calls on the Commission to put forward initiatives at European and international level with a view to the gradual harmonisation of labels and the criteria on which they are based; expects the Member States and all stakeholders to be fully involved in this process; furthermore draws attention, at the same time, to the negative impact which a market fragmented by the existence of so manynumerous varying regional, national, European and international labels has on innovation and research;
Amendment 121 #
2009/2175(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Practical Help: Database and training courses Calls for the development of a frequently updated database so that the criteria on which the various labels or sustainability assurance schemes are based can be used for public procurement purposes and so that public authorities can verify the compliance with the criteria demanded; Urges the Commission and the Member States to organise training courses and campaigns to raise awareness for local authorities and political decision-maker and to include other stakeholders, in particularly providers of social services;
Amendment 289 #
2008/0196(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The definition of durable medium should include in particular documents on paper, and the different types of bulk data storage (such as USB sticks, CD-ROMs, DVDs, memory cards and thecomputer hard drive of the computers) on which the electronic mail or a pdf file is storeddata are stored interchangeably.
Amendment 321 #
2008/0196(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Differences in the ways in which the right of withdrawal is exercised in the Member States have caused costs for businesses selling cross-border. The introduction of a harmonised standardstandardised Union-wide withdrawal form to be used by the consumer should simplify the withdrawal process and bring legal certainty. For these reasons, Member States should refrain from adding any presentational requirements to the CommunityUnion-wide standardised form relating for example to the font size.
Amendment 553 #
2008/0196(COD)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4a Targeted full harmonisation Save as otherwise provided by this Chapter, Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in this Chapter.
Amendment 738 #
2008/0196(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. With respect to off-premises contracts, the information provided for in Article 9 shall be given in the order form in plain and intelligible language and be legible. The order form shall include the standardised European withdrawal form set out in Annex I(B).
Amendment 792 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Electronic trading sites shall be required to indicate clearly and legibly on their homepage whether there are restrictions of any kind – including on means of payment – regarding delivery to certain countries. Consumers shall be provided, on request, with the reasons for such restrictions.
Amendment 885 #
2008/0196(COD)
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
Member States shall not provide for any other formal requirements applicable to this standardised European withdrawal form.
Amendment 892 #
2008/0196(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. For distance contracts concluded on the Internet, the trader may, in addition to the possibilities referred to in paragraph 1, give the option to the consumer to electronically fill in and submit the standardised European withdrawal form on the trader's website. In that case the trader shall communicate to the consumer an acknowledgement of receipt of such a withdrawal by email without delay.
Amendment 971 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;
Amendment 1128 #
2008/0196(COD)
Proposal for a directive
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Member States may not maintain or introduce provisions of national law which depart from the provisions of this Article.
Amendment 1172 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 5 a (new)
Article 24 – paragraph 5 a (new)
5a. Member States may not maintain or introduce provisions of national law which depart from the provisions of this Article.
Amendment 1407 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 4 b (new)
Article 29 – paragraph 4 b (new)
4b. Member States may not maintain or adopt provisions of national law which depart from the provisions of this Article.
Amendment 1463 #
2008/0196(COD)
Proposal for a directive
Article 31 – paragraph 4 c (new)
Article 31 – paragraph 4 c (new)
4c. Member States may not maintain or adopt any national legal provisions which deviate from the provisions of this article.
Amendment 1479 #
2008/0196(COD)
Proposal for a directive
Article 32 – paragraph 3 c (new)
Article 32 – paragraph 3 c (new)
3c. Member States may not maintain or adopt any national legal provisions which deviate from the provisions of this article.
Amendment 1485 #
2008/0196(COD)
Proposal for a directive
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
Member States may not maintain or adopt any national legal provisions which deviate from the provisions of this article.
Amendment 1504 #
2008/0196(COD)
Proposal for a directive
Article 36 – paragraph 2 a (new)
Article 36 – paragraph 2 a (new)
2a. Member States may not maintain or adopt any national legal provisions which deviate from the provisions of this article.
Amendment 1507 #
2008/0196(COD)
Proposal for a directive
Article 37 – paragraph 1 a (new)
Article 37 – paragraph 1 a (new)
Member States may not maintain or adopt any national legal provisions which deviate from the provisions of this article.
Amendment 1537 #
2008/0196(COD)
Proposal for a directive
Annex 1 – paragraph A
Annex 1 – paragraph A
A. Information to be provided with the European withdrawal form
Amendment 1539 #
2008/0196(COD)
Proposal for a directive
Annex 1 – paragraph 1
Annex 1 – paragraph 1
1. The name, geographical address and the email address of the trader to whom the European withdrawal form must be sent.
Amendment 1540 #
2008/0196(COD)
Proposal for a directive
Annex 1 – paragraph 4
Annex 1 – paragraph 4
4. For distance contracts concluded on the Internet, a statement that the consumer can electronically fill in and submit the standardmodel European withdrawal form on the trader's website and that he will receive an acknowledgement of receipt of such a withdrawal from the trader by email without delay.
Amendment 1541 #
Amendment 110 #
2008/0028(COD)
Proposal for a regulation
Article 1 – paragraph 3 – subparagraph 2
Article 1 – paragraph 3 – subparagraph 2
It shall apply to all prepacked foods intended for the final consumer, including foods delivered by mass caterers and foods intended for supply to mass caterers.
Amendment 117 #
2008/0028(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – subpoint iii
Article 4 – paragraph 1 – point b – subpoint iii
Amendment 134 #
2008/0028(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 144 #
2008/0028(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 164 #
2008/0028(COD)
Proposal for a regulation
Article 20 – point e
Article 20 – point e
(e) wine as defined in Council Regulation (EC) No 1493/1999nd wine products as defined in Article 1(1) of Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine1 and Article 2(1) of Council Regulation (EC) No 1601/1991 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatised wines, aromatised wine-based drinks and aromatised wine product cocktails2, similar products obtained from other than grapes, cyder, perry, beer, and spirits as defined in Article 2(1) of Regulation (EC) No. […] of […]°110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks3, and repealing Council Regulation (EEC) No 1576/89other alcoholic beverages. The Commission shall produce a report after [five years of the entry into force of this Regulation] concerning the application of Article 19 on these products referred to in this point and may accompany this report by specific measures determining the rules for labelling ingredients. Those measures designed to amend non-essential elements of this Regulation, by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3); shall be adopted where necessary in accordance with the following procedures: (i) as regards the products referred in Regulation (EC) No 479/2008, in accordance with the regulatory procedure referred to in Article 113(1) of that Regulation and laid down in Article 195(2) of Regulation (EC) No 1234/2007 of the European Parliament and of the Council of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)4; (ii) as regards the products referred to in Article 2(1) of Regulation (EC) No 1601/91, in accordance with the regulatory procedure laid down in Article 13 of that Regulation; (iii) as regards the products referred to in Regulation (EC) No 110/2008, in accordance with the regulatory procedure laid down in Article 25(2) of that Regulation; (iv) as regards other products, in accordance with the regulatory procedure with scrutiny referred to in Article 49(3). Without prejudice to the specificities identified through the abovementioned procedures for products referred to in points (i), (ii), and (iii) of paragraph 1 shall apply consistently and become applicable at the same time for all the products listed in Article 20(e) and Article 29(1). 1. OJ L 148, 6.6.2008, p. 1. 2. OJ L 149, 14.6.1991, p. 1. 3 OJ L 39, 13.2.2008, p. 16. 4. OJ L 299, 16.11.2007, p. 1.
Amendment 179 #
2008/0028(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
This paragraph shall not apply to wine as defined in Council Regulation (EC) No 1493/1999, beer, and spirits as defined inor wine products as defined in Article 1(1) of Regulation (EC) No 479/2008 and Article 2(1) of Council Regulation (EC) No. […] of […] of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council 1601/1991, similar products, obtained from other than grapes, cider, perry beer, and spirits as defined in Article 2(1) of Regulation (EEC) No 1576/89°110/2008, and other alcoholic beverages. The Commission shall produce a report after [five years of the entry into force of this Regulation] concerning the application of this paragraphArticle 19 on these products and may accompany this report by specific measures determining the rules for a mandatory nutrition declaration forlabelling ingredients. Those measures shall be adopted where necessary in accordance with the following procedure: (i) as regards these products. Those measures designed to amend non- essential elements referred to in Article 2(1) of Regulation (EC) No 1601/91, in accordance with the regulatory procedure laid down in Article 13 of thisat Regulation, by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3; (ii) as regards the products referred to in Regulation (EC) No 110/2008, in accordance with the regulatory procedure laid down in Article 25(2) of that Regulation; (iii) as regards other products, under the regulatory procedure with scrutiny referred to in Article 49(3). Without prejudice to the specificities identified through the abovementioned procedures for products referred to in points (i) and (ii) of paragraph 1 shall apply consistently and become applicable at the same time for all the products listed in Article 20(e) and Article 29(1).
Amendment 236 #
2008/0028(COD)
Proposal for a regulation
Article 38 – paragraph 1 – introductory wording
Article 38 – paragraph 1 – introductory wording
1. In addition to the mandatory particulars referred to in Article 9(1) and in Article 10, Member States may, in accordance with the procedure laid down in Article 42, require additional mandatory particulars for specific types or categories of foods, provided that such measures do not obstruct the free movement of goods on the internal market and are justified on grounds of: