Activities of Sergio Gaetano COFFERATI
Plenary speeches (226)
Market surveillance and compliance of products (debate) IT
Protection of persons reporting on breaches of Union law (debate) IT
Increasing the efficiency of restructuring, insolvency and discharge procedures (debate) IT
Jurisdiction, recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility, and international child abduction (debate) IT
Mutual recognition of goods lawfully marketed in another Member State (debate) IT
Women on boards - Gender balance among non-executive directors of companies (debate) IT
Expedited settlement of commercial disputes (debate) IT
Import of cultural goods (debate) IT
Minimum income for a fair Europe: a right for citizens (topical debate) IT
Free flow of non-personal data in the European Union (debate) IT
Proportionality test before adoption of new regulation of professions (debate) IT
The impact of delocalisation on workers and regions (debate) IT
The impact of delocalisation on workers and regions (debate) IT
Disclosure of income tax information by certain undertakings and branches (2016/0107(COD)) (debate) IT
Annual reports 2015-2016 on subsidiarity and proportionality (debate) IT
Corporate social responsibility (debate) IT
Report on the inquiry into money laundering, tax avoidance and tax evasion (debate) IT
Combating inequalities as a lever to boost job creation and growth (debate) IT
Monitoring the application of EU law 2015 (debate) IT
Implementation of the Environmental Liability Directive (debate) IT
Fire safety in buildings (debate) IT
Arms export: implementation of Common Position 2008/944/CFSP (debate) IT
Approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (debate) IT
Control of the acquisition and possession of weapons (debate) IT
Long-term shareholder engagement and corporate governance statement (debate) IT
Long-term shareholder engagement and corporate governance statement (debate) IT
Civil Law Rules on Robotics (debate) IT
European Semester for Economic Policy Coordination: employment and social aspects in the Annual Growth Survey 2017 - European Semester for Economic Policy Coordination: Annual Growth Survey 2017 - Single Market Governance within the European Semester 2017 (debate) IT
Recognising the content of civil status documents (debate) IT
Commissioners' declarations of interests - Guidelines (debate) IT
Situation in the West Bank, including settlements (debate) IT
Green Paper on Retail Financial Services (debate) IT
Finalisation of Basel III (debate) IT
Union legal framework for customs infringements and sanctions (debate) IT
EU strategy towards Iran after the nuclear agreement (debate) IT
2014 Annual report on monitoring the application of Union law (debate) IT
Avoiding conflicts of interest of past and present Commissioners - Bahamas leaks (debate) IT
Apple state-aid decision (debate) IT
Outcome of the G20 Summit (debate) IT
Annual report on human rights and democracy in the world 2015 (debate) IT
Protection of whistle-blowers (debate) IT
Promoting free movement by simplifying the acceptance of certain public documents (debate) IT
Transfer to the General Court of jurisdiction at first instance in EU civil service cases (debate) IT
Improving data sharing and the use of European information systems and databases in the fight against serious transnational crime and terrorism (debate) IT
A regulation for an open, efficient and independent European Union administration (debate) IT
The Single Market strategy (debate) IT
Preparation of the G7 Summit (debate) IT
Turkey's progress in fulfilling the requirements of the Visa liberalisation roadmap (debate) IT
Mandatory automatic exchange of information in the field of taxation (debate) IT
Protecting the best interest of the child (across borders) in Europe (debate) IT
Protection of trade secrets against their unlawful acquisition, use and disclosure (A8-0199/2015 - Constance Le Grip) (vote) IT
Protection of trade secrets against their unlawful acquisition, use and disclosure (debate) IT
Decision adopted on public tax transparency (debate) IT
Annual reports 2012-2013 on subsidiarity and proportionality (debate) IT
Posting of workers (debate) IT
Commission decision adopted on the Corporate Tax package (debate) IT
Annual report on EU Competition Policy (debate) IT
Patents and plant breeders rights (debate) IT
Patents and plant breeders rights (debate) IT
Arms export: implementation of the Common Position 2008/944/CFSP (debate) IT
Bringing transparency, coordination and convergence to corporate tax policies (debate) IT
Tax rulings and other measures similar in nature or effect (debate) IT
Perspectives and review of the Europe 2020 strategy (debate) IT
Package travel and linked travel arrangements (debate) IT
European small claims procedure and European order for payment procedure (debate) IT
The EU's role in the Middle East peace process (debate) IT
Correct application of the law on customs and agricultural matters (debate) IT
Harmonisation of certain aspects of copyright and related rights (debate) IT
Long-term shareholder engagement and corporate governance statement (A8-0158/2015 - Sergio Gaetano Cofferati) (vote) IT
Long-term shareholder engagement and corporate governance statement (debate) IT
Long-term shareholder engagement and corporate governance statement (debate) IT
Insolvency proceedings - Review and extension of the Commission recommendation of 12 March 2014 on a new approach to business failure and insolvency, with regard to family insolvency and second chances for individuals and households (debate) IT
Fuel quality directive and renewable energy directive (debate) IT
European Semester for economic policy coordination: employment and social aspects in the Annual Growth Survey 2015 - European Semester for economic policy coordination: Annual Growth Survey 2015 - Single market governance within the European Semester 2015 (debate) IT
Progress on equality between women and men in the EU in 2013 (debate) IT
Initiatives in the framework of the International Labour Organization debate on the right to strike (debate) IT
Initiatives in the framework of the International Labour Organization debate on the right to strike (debate) IT
Promotion of employee financial participation (debate) IT
Accession of Gabon to the 1980 Hague Convention on the Civil Aspects of International Child Abduction - Accession of Andorra to the 1980 Hague Convention on the Civil Aspects of International Child Abduction - Accession of the Seychelles to the 1980 Hague Convention on the Civil Aspects of International Child Abduction - Accession of Russia to the 1980 Hague Convention on the Civil Aspects of International Child Abduction - Accession of Albania to the 1980 Hague Convention on the Civil Aspects of International Child Abduction - Accession of Singapore to the 1980 Hague Convention on the Civil Aspects of International Child Abduction - Accession of Morocco to the 1980 Hague Convention on the Civil Aspects of International Child Abduction - Accession of Armenia to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (debate) IT
Programme of activities of the Latvian Presidency (debate) IT
Women on company boards (debate) IT
Amendments to agreements with EEA countries and Switzerland (debate) IT
European Semester for economic policy coordination: implementation of 2014 priorities (debate) IT
Better prevention and management of floods at European level (debate) IT
Digital single market (debate) IT
Consumer product safety - Market surveillance of products - Protection of consumers in utilities services (debate)
Posting of workers in the framework of the provision of services (debate)
Enhanced cooperation between Public employment services (debate)
Radio equipment (debate)
European Insurance and Occupational Pensions Authority and European Securities and Markets Authority (debate)
Package travel and assisted travel arrangements (debate)
European Semester for economic policy coordination: annual growth survey 2014 - European Semester for economic policy coordination: employment and social aspects - Single market governance (debate)
European Semester for economic policy coordination: annual growth survey 2014 - European Semester for economic policy coordination: employment and social aspects - Single market governance (debate)
Deployment of the eCall in-vehicle system - Deployment of the interoperable EU-wide eCall (debate)
Elimination of female genital mutilation (continuation of debate)
Conditions of entry and residence of third-country nationals for the purposes of seasonal employment (debate)
Copyright and related rights and multi-territorial licensing of rights in musical works for online uses (debate)
Equipment and protective systems intended for use in potentially explosive atmospheres - Explosives for civil uses - Non-automatic weighing instruments - Electromagnetic compatibility - Electrical equipment designed for use within certain voltage limits - Lifts and safety components for lifts - Simple pressure vessels - Measuring instruments (debate)
Promoting free movement by simplifying the acceptance of certain public documents (debate)
29th annual report on monitoring the application of EU law (2011) - EU regulatory fitness and subsidiarity and proportionality - better lawmaking (debate)
Non-discrimination in the framework of sexual and reproductive health and rights (debate)
Programme of activities of the Greek Presidency (debate)
Respect for the fundamental right of free movement in the EU (debate)
Consumer programme 2014-2020 (debate)
Award of concession contracts - Public procurement - Procurement by entities operating in the water, energy, transport and postal services sectors (debate)
Call for a measurable and tangible commitment against tax evasion and tax avoidance in the EU (debate)
Payment accounts (debate)
EU-Morocco Fisheries Partnership Agreement: protocol setting out fishing opportunities and financial contributions (debate)
One-minute speeches (Rule 150)
Gender balance among non-executive directors of companies listed on stock exchanges (debate)
Location of the seats of the European Union's institutions (debate)
Creative Europe programme (debate)
Connecting Europe Facility - Trans-European transport network (debate)
Electronic communications - Recent proposals to complete the digital single market (debate)
General Union environment action programme to 2020 (debate)
e-justice Action Plan 2014-2018 (debate)
EU citizens' mobility and Member States' welfare systems (debate)
Application and enforcement of international trade rules (debate)
EU trade policy towards countries of the Eastern Partnership (debate)
Suspension of the SWIFT agreement as a result of NSA surveillance (debate)
Future of the European Economic Area (EEA) (debate)
Convention on preventing and combating violence against women (Istanbul convention) (debate)
Recreational craft and personal watercraft (debate)
EU-Mauritania fishing opportunities and financial contribution protocol (debate)
Implementation of the EU youth strategy 2010-2012 - Tackling youth unemployment: possible ways out (debate)
Internal market for services (debate)
Union Customs Code (debate)
Property consequences of registered partnerships - Matrimonial property regimes (debate)
Impact of the crisis on access to care for vulnerable groups (debate)
Closure of Greek national broadcasting company (debate)
Recent floods in Europe (debate)
Implementing enhanced cooperation in the area of financial transaction tax (debate)
Laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (debate)
Road safety (debate)
Millennium development goals (debate)
Financial statements and related reports of certain types of undertakings - Transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market (debate)
Annual report on competition policy (debate)
Health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (debate)
A macro-regional strategy for the Alps
Labour conditions and health and safety standards following the recent factory fires and building collapse in Bangladesh (continuation of debate)
Social pillar of the economic and monetary union (debate)
Specific tasks for the European Central Bank concerning policies relating to the prudential supervision of credit institutions - European Banking Authority and prudential supervision of credit institutions (debate)
Draft WIPO Treaty on copyright exceptions for the visually impaired (debate)
Women's rights in the Balkan accession countries (short presentation)
EU Charter: standard settings for media freedom across the EU (short presentation)
One year of European Citizens' Initiative in practice: evaluating experience and tackling obstacles (debate)
2011 discharge (continuation of debate)
Scheme for greenhouse gas emission allowance trading (debate)
Equal treatment between men and women in the access to and supply of goods and services (debate)
Protection of public health from endocrine disrupters (debate)
Integration of migrants, its effects on the labour market and the external dimension of social security coordination (debate)
Trans-European energy infrastructure (debate)
European Semester for economic policy coordination: annual growth survey 2013 - European Semester for economic policy coordination: employment and social aspects in the annual growth survey 2013 - Governance of the single market (debate)
Corporate social responsibility: accountable, transparent and responsible business behaviour and sustainable growth - Corporate social responsibility: promoting society's interests and a route to sustainable and inclusive recovery (debate)
Improving access to finance for SMEs (debate)
Modernisation of Customs Code and introduction of list of non-preferential rules of origin (debate)
Question Time (Commission)
Question Time (Commission)
State aid modernisation (debate)
Information and consultation of workers, anticipation and management of restructuring (debate)
EU growth (debate)
Israeli government's decision to expand settlements in the West Bank (debate)
Creation of unitary patent protection - Unitary patent protection - Jurisdictional system for patent disputes (debate)
Protection of animals during transport (debate)
Mediation in civil and commercial matters (debate)
Fundamental rights in the European Union (2010 - 2011) (debate)
EU-Columbia/Peru trade agreement (debate)
One-minute speeches (Rule 150)
Climate change conference in Doha (COP 18) (debate)
Towards a genuine Economic and Monetary Union (debate)
Question Time (Commission)
Question Time (Commission)
Card, internet and mobile payments (short presentation)
Shadow banking (short presentation)
Protecting children in the digital world (short presentation)
Single Market Act II - Concerns of European citizens and business with the functioning of the Single Market (debate)
European Semester for economic policy coordination: implementation of 2012 priorities (debate)
European Year of Citizens (2013) (debate)
State of the Union (debate)
Explanations of vote
Proposals for a European banking union (EBU) (debate)
European standardisation (debate)
Programme of activities of the Cyprus Presidency (debate)
Financial aid in the field of the trans-European transport and energy networks (debate)
Explanations of vote
Recording equipment in road transport (debate)
Customs enforcement of intellectual property rights (debate)
Future of the Single Market Act (debate)
Future of European company law (debate)
Towards a job-rich recovery (debate)
Equal pay for male and female workers for equal work or work of equal value (debate)
Youth opportunities initiative (debate)
Internal market scoreboard (debate)
Question Time (Commission)
Question Time (Commission)
Estimates of revenue and expenditure for 2013 - Section I - Parliament (debate)
Corporate governance framework for European companies (debate)
Conclusions of the European Council meeting (1-2 March 2012) (debate)
Employment and social aspects in the Annual Growth Survey 2012 - Contribution to the Annual Growth Survey 2012 - Guidelines for the employment policies of the Member States (debate)
European platform against poverty and social exclusion (debate)
Commission work programme for 2012 (debate)
Conclusions of the European Council meeting (23 October 2011) (debate)
Tibet, in particular self-immolation by nuns and monks
Surge in job dismissals in Europe as a result of the economic crisis in particular at Arcelor and Nokia (debate)
Agenda for new skills and jobs (debate)
State of play of the Maternity Leave Directive (debate)
Future of the European Globalisation Fund - Amendment of Regulation (EC) No 1927/2006 establishing the European Globalisation Adjustment Fund (debate)
Financial, economic and social crisis: measures and initiatives to be taken (debate)
5th cohesion report and strategy for the post-2013 cohesion policy - Implementation of cohesion policy programmes for 2007-2013 - European urban agenda and its future in cohesion policy - Objective 3: future agenda for cross-border, transnational and interregional cooperation - Increased effectiveness between ERDF and other structural funds (debate)
Governance and partnership in the Single Market - Single market for Europeans - Single market for enterprises and growth - Public procurement (continuation of debate)
Amendment of the Treaty on the Functioning of the European Union with regard to a stability mechanism for Member States whose currency is the euro (debate)
Single application procedure for residence and work (debate)
Preparations for the European Council meeting (28-29 October) - Preparations for the G20 summit (11-12 November) - Financial, economic and social crisis: recommendations concerning the measures and initiatives to be taken - Improving economic governance and stability framework in the EU, in particular, in the euro zone (debate)
EU cohesion and regional policy after 2013 - Future of the European Social Fund (debate)
Promoting youth access to the labour market, strengthening trainee, internship and apprenticeship status (short presentation)
Atypical contracts, secured professional paths and new forms of social dialogue (short presentation)
Question Hour with the President of the Commission
Implementation of the synergies of research and innovation earmarked funds in Regulation (EC) No 1080/2006 concerning the European Fund of Regional Development and the Seventh Framework Programme for Research and Development - Delivering a single market to consumers and citizens - Long-term sustainability of public finances for a recovering economy - Contribution of the Cohesion policy to the achievement of Lisbon and the EU 2020 objectives (debate)
Europe 2020 - new European Strategy for Jobs and Growth (debate)
Question Hour with the President of the Commission
Preparation for the European Council meeting (25-26 March 2010) (debate)
EU 2020 - Follow-up of the informal European Council of 11 February 2010 (debate)
Situation in Iran (debate)
Responses to relaunch the economy in the Member States of the European Union in Central and Eastern Europe
European Microfinance Facility for Employment and Social Inclusion (Progress) (debate)
Google’s project to digitise the world’s book heritage (debate)
Reports (3)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1393/2007 of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) PDF (254 KB) DOC (114 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2007/36/EC as regards the encouragement of long-term shareholder engagement and Directive 2013/34/EU as regards certain elements of the corporate governance statement PDF (959 KB) DOC (468 KB)
REPORT on Single Market governance within the European Semester 2014 PDF (203 KB) DOC (91 KB)
Shadow reports (16)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters PDF (637 KB) DOC (100 KB)
REPORT with recommendations to the Commission on expedited settlement of commercial disputes PDF (439 KB) DOC (69 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on preventive restructuring frameworks, second chance and measures to increase the efficiency of restructuring, insolvency and discharge procedures and amending Directive 2012/30/EU PDF (1 MB) DOC (245 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council replacing Annex A to Regulation (EU) 2015/848 on insolvency proceedings PDF (643 KB) DOC (94 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on a proportionality test before adoption of new regulation of professions PDF (882 KB) DOC (132 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council replacing the lists of insolvency proceedings and insolvency practitioners in Annexes A and B to Regulation (EU) 2015/848 on insolvency proceedings PDF (442 KB) DOC (76 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons PDF (1 MB) DOC (825 KB)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC PDF (166 KB) DOC (91 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure PDF (1 MB) DOC (564 KB)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on insolvency proceedings (recast) PDF (145 KB) DOC (63 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on package travel and assisted travel arrangements, amending Regulation (EC) No 2006/2004, Directive 2011/83/EU and repealing Council Directive 90/314/EEC PDF (767 KB) DOC (881 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Council Directives 78/660/EEC and 83/349/EEC as regards disclosure of non-financial and diversity information by certain large companies and groups PDF (922 KB) DOC (1 MB)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1346/2000 on insolvency proceedings PDF (345 KB) DOC (487 KB)
REPORT with recommendations to the Commission on the governance of the Single Market PDF (307 KB) DOC (198 KB)
REPORT on corporate social responsibility: accountable, transparent and responsible business behaviour and sustainable growth PDF (344 KB) DOC (237 KB)
REPORT Report on atypical contracts, secured professional paths, flexicurity and new forms of social dialogue PDF (211 KB) DOC (128 KB)
Opinions (10)
OPINION on Digitising European Industry
OPINION on the Annual Report on EU Competition Policy
OPINION on the European Semester for economic policy coordination: implementation of 2014 priorities
OPINION on the proposal for a directive of the European Parliament and of the Council amending Council Directives 78/660/EEC and 83/349/EEC as regards disclosure of non-financial and diversity information by certain large companies and groups
OPINION on CARS 2020: towards a strong, competitive and sustainable European car industry
OPINION on the proposal for a regulation of the European Parliament and of the Council on Union guidelines for the development of the trans-European transport network
OPINION on an agenda for adequate, safe and sustainable pensions
OPINION on Towards an integrated European market for card, internet and mobile payments
OPINION on the state of play and future synergies for increased effectiveness between ERDF and other Structural Funds
OPINION on the long-term sustainability of public finances for a recovering economy
Shadow opinions (10)
OPINION on the proposal for a directive of the European Parliament and of the Council on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure
OPINION on the proposal for a directive of the European Parliament and of the Council on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features
OPINION on the proposal for a regulation of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market
OPINION on the proposal for a directive of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products
OPINION on the Annual Report on EU Competition Policy 2011
OPINION on corporate social responsibility: promoting society’s interests and a route to sustainable and inclusive recovery
OPINION on the proposal for a directive of the European Parliament and of the Council on public procurement
OPINION on the proposal for a directive of the European Parliament and of the Council on procurement by entities operating in the water, energy, transport and postal services sectors
OPINION Proposal for a Regulation of the European Parliament and of the Council establishing a European Banking Authority
OPINION Proposal for a Regulation of the European Parliament and of the Council establishing a European Securities and Markets Authority
Institutional motions (4)
MOTION FOR A RESOLUTION seeking an opinion from the Court of Justice on the compatibility with the Treaties of the proposed Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco, the Implementation Protocol thereto and an exchange of letters accompanying the said Agreement PDF (153 KB) DOC (54 KB)
MOTION FOR A RESOLUTION seeking an opinion from the Court of Justice on the compatibility with the Treaties of the proposed agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part PDF (151 KB) DOC (53 KB)
MOTION FOR A RESOLUTION seeking an opinion from the Court of Justice on the compatibility with the Treaties of the proposed agreement between Canada and the European Union on a Comprehensive Economic and Trade Agreement (CETA) PDF (256 KB) DOC (63 KB)
MOTION FOR A RESOLUTION on the need for a European reindustrialisation policy in light of the recent Caterpillar and Alstom cases PDF (310 KB) DOC (99 KB)
Oral questions (4)
10th anniversary of the Horizontal Directive proposal PDF (197 KB) DOC (19 KB)
Corporate Social Responsibility PDF (7 KB) DOC (17 KB)
A European Action Plan for the Social Economy PDF (107 KB) DOC (19 KB)
Competitiveness of the EU steel industry PDF DOC
Written questions (53)
Abolition of funding for Radio Radicale and media pluralism in Italy PDF (45 KB) DOC (19 KB)
Compatibility of Italian legislation on the management of sewage sludge with EU regulations PDF (41 KB) DOC (18 KB)
Forced return of Afghan refugees PDF (42 KB) DOC (18 KB)
VP/HR - Humanitarian crisis in the Democratic Republic of the Congo PDF (43 KB) DOC (17 KB)
Contract between EMSA and Elbit Systems for the supply of a European coastal surveillance system using drones PDF (102 KB) DOC (18 KB)
Dramatic situation in Bosnia and Herzegovina PDF (8 KB) DOC (18 KB)
Regulation of the profession of interior architect PDF (99 KB) DOC (18 KB)
Situation of General Electric in the European Union PDF (99 KB) DOC (18 KB)
Deferral of call for applications for WiFi4EU PDF (6 KB) DOC (18 KB)
VP/HR - Actions to end the blockade of the Gaza Strip PDF (103 KB) DOC (16 KB)
Delayed or missed payments of farming subsidies under the EAGF and EAFRD PDF (104 KB) DOC (18 KB)
Closure of the Gorizia Press Centre PDF (103 KB) DOC (19 KB)
Maritime technology industries and the LeaderSHIP 2020 initiative PDF (102 KB) DOC (18 KB)
Conditions for consumers in the mobile telephony field PDF (5 KB) DOC (18 KB)
Detention of unaccompanied children in police station cells in Greece PDF (200 KB) DOC (19 KB)
Legal basis for exports from Western Sahara to the EU PDF (99 KB) DOC (18 KB)
DG MARE evaluation of the EU-Morocco Fisheries Partnership Agreement PDF (105 KB) DOC (20 KB)
EU-authorised establishments based in Western Sahara PDF (101 KB) DOC (20 KB)
Moroccan authorised importers based in Western Sahara PDF (105 KB) DOC (18 KB)
Redundancies at Embraco PDF (102 KB) DOC (18 KB)
Discrimination against a Belgian lecturer in Italy PDF (101 KB) DOC (20 KB)
Products from territories in Western Sahara PDF (101 KB) DOC (17 KB)
Concession for the Tyrrhenian Motorway PDF (102 KB) DOC (18 KB)
VP/HR - Support for Sicilian fishermen awarded the European Citizen's Prize 2017 PDF (104 KB) DOC (17 KB)
Effects of the 'patent box' regime in Italy PDF (101 KB) DOC (18 KB)
Application of Relocation Decisions 2015/1523 and 2015/1601 ahead of their expiration date (26 September 2017) PDF (196 KB) DOC (21 KB)
Alleged deal with Libyan militias to stem migrant flows PDF (103 KB) DOC (19 KB)
Sogin PDF (5 KB) DOC (17 KB)
Grenfell Tower fire PDF (5 KB) DOC (17 KB)
Flat tax for high-net-worth individuals in Italy PDF (102 KB) DOC (16 KB)
Case of refugee Αhmad H. facing a life sentence in Hungary PDF (101 KB) DOC (17 KB)
Influence of traffic-light food labelling on consumers' choices PDF (197 KB) DOC (17 KB)
Requirements applicable to organisations recognised by Regulation (EC) No 550/2004 PDF (102 KB) DOC (16 KB)
The right for military personnel to form trade unions PDF (102 KB) DOC (15 KB)
Refusal of Member States to comply with the EU decisions PDF (102 KB) DOC (18 KB)
Transposition of Directive 2013/30/EU into Italian law PDF (101 KB) DOC (15 KB)
Refusal to grant asylum to 3000 unaccompanied minors PDF (6 KB) DOC (16 KB)
Fire prevention regulations for tourist/hotel facilities in Italy PDF (5 KB) DOC (23 KB)
Answer relating to infringement procedure 2014/4011 concerning the assignment of construction and management contracts for the Civitavecchia - Livorno motorway PDF (105 KB) DOC (25 KB)
Versalis PDF (100 KB) DOC (24 KB)
Rights of shareholders PDF (102 KB) DOC (24 KB)
Excise duties on goods for consumption in business-to-consumer transactions (Directive 2008/118/EC) PDF (103 KB) DOC (25 KB)
Redundancies at Lag Italia plant in Due Carrare, Italy PDF (102 KB) DOC (23 KB)
Progress made in the implementation of the Recommendation on a Quality Framework for Traineeships PDF (198 KB) DOC (30 KB)
Possibility of making amendments to and extending motorway concessions in the 'Unlock Italy' Decree PDF (103 KB) DOC (24 KB)
Application of the WEEE Directive 2012/19 on the waste of electrical and electronic equipment PDF (102 KB) DOC (24 KB)
Infringement proceedings 2014/4011 concerning the assignment of construction and management contracts for the Civitavecchia - Livorno highway PDF (103 KB) DOC (24 KB)
Coca-Cola Iberian Partners' redundancy plan PDF (195 KB) DOC (26 KB)
Law on Public Safety PDF (104 KB) DOC (25 KB)
Asbestos in the European Union PDF (6 KB) DOC (24 KB)
European Commission's withdrawal of the regulation on reciprocity in international procurement markets PDF (100 KB) DOC (24 KB)
Transcription of same-sex marriages in Italy PDF (103 KB) DOC (26 KB)
European instruments for the prevention of risks associated with climate change and combating hydrogeological instability PDF (6 KB) DOC (25 KB)
Written declarations (4)
Amendments (2464)
Amendment 4 #
2018/2089(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 6 #
2018/2089(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that while the deployment of connected and automated mobility canould contribute to road safety, help to reduce road fatalities to zero in Europe by 2050, and favour lower emissions, social inclusion and overall transport efficiency; stresses that, societal acceptance will be achieved only if autonomous vehicles can offer the highest safety and security standards, are guaranteed;s well as more and better travel options, which are affordable and environmentally-friendly.
Amendment 30 #
2018/2089(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Underlines that autonomous vehicles are technologically complex and differ substantially from current motor vehicles on the road; for legal certainty, better safeguards of consumer rights and to prevent that unknown risks are borne by injured parties, it is necessary to have a review of the current EU legislative framework for liability rules and insurance for autonomous vehicles, addressing the limitations of laws as regards the shift in responsibility to the introduction of new rules for covering new types of risks.
Amendment 37 #
2018/2089(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges all stakeholders, including vehicle manufacturers, component suppliers and software and design services, as well as Members States and authorities involved to cooperate in fostering innovation, in ensuring investment in infrastructure fit for automated mobility, both on highways and on city roads, and in facilitating cross- border testing.
Amendment 40 #
2018/2089(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Warns that autonomous driving threatens to disrupt the job opportunities and lives of millions of workers in the transport sector, without also creating significant numbers of secure and quality jobs through innovation and new technology; recalls that the anticipated savings in labour costs should not be a pretext for a reduction in workers’ rights, pay, conditions and safety.
Amendment 7 #
2018/2079(INL)
Motion for a resolution
Recital C
Recital C
C. whereas the main goals of judicial cooperation between Member States isare, inter alia, to ensure the full respect of the right to effective remedy and a fair trial in cross-border cases, to guarantee effective and smooth judicial procedures also in those situations and to establish mutual trust in judiciary systems, which is the basis for further mutual recognition of judgments across the Union;
Amendment 13 #
2018/2079(INL)
Motion for a resolution
Recital G
Recital G
G. whereas the question of formulation of procedural rules often involves striking a balance betweenprocedural rules should guarantee both protection of the rights of the parties and speedy settlement of disputes;
Amendment 22 #
2018/2079(INL)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas changes to the Rome I and Rome II Regulations in order to better protect weaker parties in business- to-business relations and to strengthen the connection between the aim and object of contracts and the law chosen would also contribute to increase Member States’ competence in commercial matters;
Amendment 24 #
2018/2079(INL)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the need to ensure the full respect of the right of the parties to an effective remedy and to a fair trial, as established in the Charter of Fundamental Rights of the European Union, and to guarantee high quality of judicial proceedings in commercial matters;
Amendment 25 #
2018/2079(INL)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Considers that the best way forward to support a more equal distribution of commercial law competence across Member States and to promote quicker and high quality judicial proceedings in commercial matters would be to proceed with further harmonisation of provisions on these matters at European level, notwithstanding the political challenges;
Amendment 29 #
2018/2079(INL)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Believes that the EECP should be applicable just to business-to-business commercial disputes which do not have any implications for workers or consumers and which do not have any aspects related to environmental matters;
Amendment 31 #
2018/2079(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is of the opinion that such a strict procedural system is compatible with the protection of the rights of the parties on condition that the EECP should be voluntary and should only apply either: - where the parties have so agreed orafter the dispute has arisen, or - where the defendant accepts the procedure after the claimant has brought action under the EECP, provided that the defendant has enough time to adequately prepare before the start of the procedure;
Amendment 32 #
2018/2079(INL)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Believes that the EECP should in any case be valid only where the parties have been duly informed in advance of the consequences of consenting to use such procedure; considers that the costs of the EECP should not be excessive for the parties, in order to guarantee the respect of the right of access to justice;
Amendment 35 #
2018/2079(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises that the current distribution in choice of law in commercial contracts between the different European jurisdictions shows a slower build-up of competence in commercial matters in some Member States and in addition a less complete development of commercial law in those countriis not equal across Member States;
Amendment 40 #
2018/2079(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Contends that in this respect there might be a needit is necessary to review the Rome I and Rome II Regulations in order to strengthen the connection between the aim and object of contracts and the law chosen, while at the same time allowing, where appropriate, for more party autonomy in relation to the choice of lawensure better protection of weaker parties in business- to-business relations and contracts and to strengthen the connection between the aim and object of contracts and the law chosen in those situations;
Amendment 42 #
2018/2079(INL)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission to assess the need to review the Brussels Ia Regulation in order to better protect the weaker parties in business-to-business relations and to consider in particular possible limitations to commercial parties’ freedom of choice;
Amendment 46 #
2018/2079(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that also the quality of the law applicable to commercial matters and how well it is adapted to the practices and development in the commercial area is of great importance;
Amendment 47 #
2018/2079(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Pursuant to Article 225 TFEU, requests therefore the Commission to submit by 1 January 2020, on the basis of Article 81(2) TFEU, a proposal for a legislative act on a European Expedited Civil Procedure and, according to recommendations set out in the Annex hereto, a proposal for amendments to the Rome I and Rome II Regulations according to recommendations set out in the Annex heretond, where necessary, a proposal for amendments to the Brussels Ia Regulation;
Amendment 51 #
2018/2079(INL)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Emphasises that commercial law is only one of the areas where further actions at European level are needed to ensure better access to justice, higher quality of the proceedings, stronger safeguards for the parties and quicker settlement of disputes;
Amendment 54 #
2018/2079(INL)
Motion for a resolution
Annex I – part I – paragraph 2 – point 1 a (new)
Annex I – part I – paragraph 2 – point 1 a (new)
1a. It should apply only to business-to- business commercial disputes which do not have any implications for workers or consumers and which do not have any aspects related to environmental matters;
Amendment 56 #
2018/2079(INL)
Motion for a resolution
Annex I – part I – paragraph 2 – point 2
Annex I – part I – paragraph 2 – point 2
2. It should apply if the parties so agree either beforeafter the dispute arises or if the claimant launches a claim under the procedure and the defendant accepts it;
Amendment 57 #
2018/2079(INL)
Motion for a resolution
Annex I – part I – paragraph 2 – point 2 a (new)
Annex I – part I – paragraph 2 – point 2 a (new)
2a. It should apply only if the parties have been duly informed in advance of the consequences of consenting to use this procedure;
Amendment 63 #
2018/2079(INL)
Motion for a resolution
Annex I – part I – paragraph 2 – point 8 a (new)
Annex I – part I – paragraph 2 – point 8 a (new)
8a. The costs of the procedure should be limited, in order to guarantee the respect of the right of access to justice;
Amendment 65 #
2018/2079(INL)
Motion for a resolution
Annex I – part II – title
Annex I – part II – title
II. PChanges to Rome I and Rome II Regulations and possible changes to RomeBrussels Ia Regulation
Amendment 67 #
2018/2079(INL)
Motion for a resolution
Annex I – part II – paragraph 1
Annex I – part II – paragraph 1
The proposal on European Expedited Civil Procedure cshould be supported by a proposal to amend the Rome I and Rome II Regulations to achieve a stronger connection between the purpose and aim of agreements and the law chosen within the Union but also to afford the parties to purely commercial contracts further autonomyand to better protect the weaker parties in business-to-business relations.
Amendment 69 #
2018/2079(INL)
Motion for a resolution
Annex I – part II – paragraph 2 – introductory part
Annex I – part II – paragraph 2 – introductory part
Amendments to the Rome I Regulation cshould in particular include:
Amendment 70 #
2018/2079(INL)
Motion for a resolution
Annex I – part II – paragraph 2 – point 1
Annex I – part II – paragraph 2 – point 1
Amendment 71 #
2018/2079(INL)
2. Consideration ofthe reinforcement of the connection between the law chosen and the content, aim and purpose of the contract and of the parties and measures to better protect the weaker parties in business-to-business relations, in particular where they are SMEs;
Amendment 72 #
2018/2079(INL)
Motion for a resolution
Annex I – part II – paragraph 2 a (new)
Annex I – part II – paragraph 2 a (new)
The Commission should at the same time assess the need to review the Brussels Ia Regulation in order to better protect the weaker parties in business-to-business relations, in particular by considering the possibility to limit parties’ freedom of choice.
Amendment 78 #
2018/2079(INL)
Motion for a resolution
Annex I – part III – point 4
Annex I – part III – point 4
4. As a final measure, Member States are invited to consider reviewing their laws applicable to commercial matters in business-to-business situations, as one of the morest important factors for choice of law is how well the commercial law of a country has adapted to practices and developments in commercial areasthe effectiveness and the quality of the commercial law of a country.
Amendment 16 #
2018/0332(COD)
Proposal for a directive
–
–
The Committee on Internal Market and Consumer Protection calls on the Committee on Transport and Tourism, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 254 #
2018/0225(COD)
Proposal for a decision
Recital 7
Recital 7
(7) Reflecting the important contribution that research and innovation should make to address challenges in food, agriculture, fisheries and aquaculture, rural development and the bioeconomy, and to seize the corresponding research and innovation opportunities in close synergy with Common Agricultural Policy and Common Fisheries Policy, relevant actions under the Specific Programme will be supported with EUR 106 billion for the cluster 'Food and Natural Resources from Land and Sea' for the period 2021-2027.
Amendment 389 #
2018/0225(COD)
Proposal for a decision
Article 3 – paragraph 1 – point 2 – point e
Article 3 – paragraph 1 – point 2 – point e
(e) cluster Food and Natural Resources from Land and Sea', as described in Annex I, Pillar II, section 5;
Amendment 1324 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 4 – point 4.1 – paragraph 10
Annex I – part II – point 4 – point 4.1 – paragraph 10
Activities under this Cluster contribute in particular to the goals of the Energy Union, as well as to those of the Digital Single Market, the Jobs, Growth and Investment agenda, the strengthening of the EU as a global actor, the new EU Industrial Policy Strategy, the Circular Economy, the Raw Materials Initiative, the Security Union and the Urban Agenda, the Maritime Policy as well as the Common Agricultural Policy of the EU as well as EU legal provisions to reduce noise and air pollution.
Amendment 1512 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 5 – introductory part
Annex I – part II – point 5 – introductory part
5. CLUSTER 'FOOD AND NATURAL RESOURCES' FROM LAND AND SEA
Amendment 1538 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 5 – point 5.1 – paragraph 7 a (new)
Annex I – part II – point 5 – point 5.1 – paragraph 7 a (new)
They will especially contribute to a mission "Clean and productive seas and oceans" described in detail in the specific Work Programme.
Amendment 1611 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 5 – point 5.2 – point 5.2.4 – introductory part
Annex I – part II – point 5 – point 5.2 – point 5.2.4 – introductory part
5.2.4. Seas and Oceans
Amendment 1733 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 6 – point 6.2 – point 6.2.2 – paragraph 2 – point 5 – introductory part
Annex I – part II – point 6 – point 6.2 – point 6.2.2 – paragraph 2 – point 5 – introductory part
5. Food and Natural Resources from Land and Sea
Amendment 1979 #
2018/0225(COD)
Proposal for a decision
Annex II – paragraph 1 – point 8
Annex II – paragraph 1 – point 8
8. Food and Natural Resources from Land and Sea
Amendment 701 #
2018/0224(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2 – point e
Article 4 – paragraph 1 – point 2 – point e
(e) cluster 'Food and Natural Resources from Land and Sea';
Amendment 999 #
2018/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point 5
Article 9 – paragraph 2 – point b – point 5
(5) EUR 106 000 000 000 for cluster 'Food and Natural Resources from Land and Sea';
Amendment 100 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1393/2007
Article 15 a – paragraph 1 – point a a (new)
Article 15 a – paragraph 1 – point a a (new)
(aa) the electronic identification of the holder during the creation of the user account fulfils the requirements and the criteria for the assurance level “high” within the meaning of Regulation (EU) No 910/2014 of the European Parliament and of the Council, and
Amendment 103 #
2018/0204(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1393/2007
Article 18 – paragraph 6
Article 18 – paragraph 6
6. A delegated act adopted pursuant to Article 3a, Article 15a or Article 17 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of twohree months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.;
Amendment 23 #
2018/0203(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) For the purposes of this Regulation, the term ‘court’ should be given a broad meaning so as to cover not only courts in the true sense of the word, exercising judicial functions, but also other bodies or authorities which are competent under national law to take evidence in accordance with this Regulation, such as, for example, in certain Member States and in specific situations, enforcement authorities or notaries.
Amendment 25 #
2018/0203(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) The decentralised IT system should be based on the e-CODEX system and should be managed by eu-LISA. Adequate resources should be made available to eu-LISA for such a system to be introduced and kept operational, as well as to provide technical support in the event of problems in the operation of the system. The Commission should submit as soon as possible, and in any event before the end of 2019, a proposal for a Regulation on cross-border communication in judicial proceedings (e- CODEX).
Amendment 26 #
2018/0203(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to ensure mutual recognition of digital evidence such evidence taken in a Member State in accordance with its law should not be denied recognition as evidence in other Member States only because of its digital nature. This is without prejudice to the determination, in accordance with national law, of the quality and the value of the evidence, regardless of its digital or non-digital nature.
Amendment 31 #
2018/0203(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Modern communications technology, in particular videoconferencing which is an important means to simplify and accelerate the taking of evidence, is currently not used to its full potential. Where evidence is to be taken by hearing a person domiciled in another Member State as witness, party or expert, the court should take that evidence directly via videoconference, if available to the respective courts, where it deems the use of such technology appropriate on account of the specific circumstances of the case and, where required by national law of the requested Member State, subject to the consent of the person to be heard..
Amendment 34 #
2018/0203(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to facilitate the taking of evidence by diplomatic officers or consular agents, such persons may, in the territory of another Member State and within the area where they exercise their functions, take evidence without the need for a prior request by hearing nationals of the Member State which they represent without compulsion in the context of proceedings pending in the courts of the Member State which they represent. In these cases, the taking of evidence should be performed under the supervision of the requesting court, in accordance with its national law.
Amendment 36 #
2018/0203(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) It is important to ensure that this Regulation is applied in compliance with Union data protection law and respects the protection of privacy as enshrined in the Charter of Fundamental Rights of the European Union. It is also important to ensure that any processing of the personal data of natural persons under this Regulation is undertaken in accordance with Regulation (EU) 2016/679 and Directive 2002/58/EC. Personal data under this Regulation should be processed only for the specific purposes set out in this Regulation.
Amendment 40 #
2018/0203(COD)
Proposal for a regulation
Recital 11 – introductory part
Recital 11 – introductory part
(11) In order to define the detailed arrangements for the functioning of the decentralised IT system and in order to establish the minimum standards and requirements for the use of videoconference, 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. Such delegated acts should guarantee effective, reliable and smooth transmission of the relevant information through the decentralised IT system, and should ensure, inter alia, that the videoconferencing session is as close as possible to the usual practice in any court where evidence is taken in open court and that professional secrecy and legal professional privilege are safeguarded. Furthermore, in order to update the standard forms in the Annexes or to make technical changes to those forms, 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 amendments to the Annexes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making*. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 45 #
2018/0203(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 1206/2001
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Requests and communications pursuant to this Regulation shall be transmitted through a decentralised IT system composed of national IT systems interconnected by a communication infrastructure enabling the secure and reliable cross-border exchange of information between the national IT systems. Such decentralised IT system shall be based on e-CODEX.
Amendment 49 #
2018/0203(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 1206/2001
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The general legal framework for the use of qualified trust services set out in Council Regulation (EU) No 910/201420 shall apply to the requests and communications transmitted through the decentralised IT system referred to in paragraph 1. _________________ 20 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).
Amendment 51 #
2018/0203(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 1206/2001
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3 a. The Commission is empowered to adopt delegated acts in accordance with Article 20 to establish the detailed arrangements for the functioning of the decentralised IT system. When exercising that power, the Commission shall ensure that the system guarantees an effective, reliable and smooth exchange of the relevant information, as well as a high level of security in the transmission and the protection of privacy and personal data in line with Regulation (EU) 2016/679 and Directive (EC) 2002/58.
Amendment 54 #
2018/0203(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Amendment 57 #
2018/0203(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 1206/2001
Article 17a – paragraph 1
Article 17a – paragraph 1
1. Where evidence is to be taken by hearing a person domiciled in another Member State as witness, party or expert and the court does not request the competent court of another Member State to take evidence in accordance with Article 1(1)(a), the court shall take evidence directly in accordance with Article 17 via videoconference, if available to the respective courts, where it deems the use of such technology appropriate on account of the specific circumstances of the case and, where required by national law of the requested Member State, subject to the consent of the person to be heard.
Amendment 62 #
2018/0203(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 1206/2001
Article 17a – paragraph 2
Article 17a – paragraph 2
2. Where a request for direct taking of evidence via videoconference is made, the hearing shall be held in the premises of a court. The requesting court and the central body or the competent authority referred to in Article 3(3) or the court on whose premises the hearing is to be held shall agree on the practical arrangements for the videoconference, which shall be in line with the minimum standards and requirements for the use of videoconference, defined in accordance with paragraph 3a.
Amendment 69 #
2018/0203(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 1206/2001
Article 17a – paragraph 3 – point a
Article 17a – paragraph 3 – point a
(a) the central body or the competent authority referred to in Article 3(3) in the requested Member State mayshall assign a court to take part in the performance of the taking of evidence in order to ensure respect for the fundamental principles of the law of the requested Member State;
Amendment 72 #
2018/0203(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 1206/2001
Article 17a – paragraph 3 a (new)
Article 17a – paragraph 3 a (new)
3 a. The Commission is empowered to adopt delegated acts in accordance with Article 20 to establish the minimum standards and requirements for the use of videoconference. When exercising that power, the Commission shall ensure that the videoconferencing session is as close as possible to the usual practice in any court where evidence is taken in open court, guarantees high quality communication and real time interaction and safeguards professional secrecy and legal professional privilege. The Commission shall also ensure, with regard to the transmission of the information, an high level of security and the protection of privacy and personal data in line with Regulation (EU) 2016/679 and Directive (EC) 2002/58.
Amendment 73 #
2018/0203(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 1206/2001
Article 17b
Article 17b
Diplomatic officers or consular agents of a Member State may, in the territory of another Member State and within the area where they exercise their functions, take evidence without the need for a prior request pursuant to Article 17(1), by hearing nationals of the Member State which they represent without compulsion in the context of proceedings pending in the courts of the Member State which they represent. The taking of evidence shall be performed under the supervision of the requesting court, in accordance with its national law.’;
Amendment 78 #
2018/0203(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 1206/2001
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The power to adopt delegated acts referred to in Article 6(3a), in Article 17a(3a) and in Article 19(2) shall be conferred on the Commission for an indeterminate period of time from … [date of entry into force period of 5 years from… [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The power to adopt delegate acts referred to in Article 19(2) shall be tacitly extended for periods of an identical duration, unless the European Parliament ofr this Regulation]e Council opposes such extension not later than three months before the end of each period.
Amendment 79 #
2018/0203(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 1206/2001
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The delegation of power referred to in Article 6(3a), in Article 17a(3a) and in Article 19(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 80 #
2018/0203(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 1206/2001
Article 20 – paragraph 6
Article 20 – paragraph 6
6. A delegated act adopted pursuant to Article 6(3a), Article 17a(3a) or Article 19(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of twohree months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 82 #
2018/0203(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EC) No 1206/2001
Article 22a – paragraph 1
Article 22a – paragraph 1
1. By [twoone years after the date of applicationentry into force] at the latest, the Commission shall establish a detailed programme for monitoring the outputs, results and impacts of this Regulation.
Amendment 84 #
2018/0203(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1206/2001
Article 23 – paragraph 1
Article 23 – paragraph 1
1. No soonlater than [fiveour years after the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee, accompanied, where appropriate, by a legislative proposal.
Amendment 52 #
2018/0168(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) It is furthermore necessary to introduce the obligation for insurance contracts to include a mandatory bonus- malus system, including discounts by way of a “no claims bonus”, in which premiums are influenced by the policyholders’ claims history statement. Such a system would incentivise safer driving behaviours, thus increasing road safety, and would offer better conditions to consumers.
Amendment 56 #
2018/0168(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) In view of a key focus of this Directive being for the benefit of parties injured in vehicle accidents, it should be further noted that a wide interpretation of scope is required. The mere existence of other forms of insurance for vehicles that are not necessarily used on public roads does not ensure any or a fair level of compensation for victims of accidents caused by such vehicles. In addition, ensuring a purposive approach to the scope of the Directive will assist in the continuing protection of citizens in the light of developments in vehicle technologies.
Amendment 62 #
2018/0168(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Member States currently should refrain from performing checks of insurance on vehicles normally based on the territory of another Member State and in respect of vehicles normally based in the territory of a third country entering their territory from the territory of another Member State. New technological developments allow for checking insurance of vehicles without stopping them and thus without interfering with the free movement of persons. It is therefore appropriate allow those checks of insurance on vehicles, only if they are non-discriminatory, necessary and proportionate, form part of a general system of checks on the national territory, which are carried out also in respect of vehicles based in the territory of the Member State, and do not require stopping of the vehicle.
Amendment 63 #
2018/0168(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Effective and efficient protection of victims of traffic accidents requires that those victims are always reimbursed for their personal injuries or for damage to their property, irrespective of whether the insurance undertaking of the party liable is solvent or not. Member States should therefore set up or appoint a body that provides initial compensation, at least up to the limits of the insurance obligation referred to in Article 9(1) or the guarantee limits prescribed by the Member State if higher, for injured parties habitually residing within their territory, and which has the right to reclaim that compensation from the body set up or appointed for the same purpose in the Member State of establishment of the insurance undertaking which issued the policy of the vehicle of the liable party. However, to avoid parallel claims being introduced, victims of traffic incidents should not be allowed to present a claim for compensation with that body if they have already presented their claim or have taken legal action with the insurance undertaking concerned and that claim is still under consideration and that action is still pending.
Amendment 65 #
2018/0168(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Effective and efficient protection of victims of traffic accidents requires that those victims are always reimbursed for their personal injuries or for damage to their property, irrespective of whether the insurance undertaking of the party liable is solvent or not. Member States should therefore set up or appoint a body that provides initial compensation for injured parties habitually residing within their territory, and which has the right to reclaim that compensation from the body set up or appointed for the same purpose in the Member State of establishment of the insurance undertaking which issued the policy of the vehicle of the liable party. However, to avoid parallel claims being introduced, victims of traffic incidents should not be allowed to present a claim for compensation with that body if they have already presented their claim or have taken legal action withagainst the insurance undertaking concerned and that claim is still under consideration and that action is still pending.
Amendment 67 #
2018/0168(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Previous claims histories of policyholders who seek to conclude new insurance contracts with insurance undertakings should be easily authenticated in order to facilitate the recognition of such claims history when concluding a new insurance policy. In order to simplify the verification and authentication of claims history statements, it is important that the content and format of the statement of such claims histories are the same across all Member States. In addition, insurance undertakings thata mandatory bonus-malus system, incorporating discounts by way of a “no claims bonus”, should be introduced. When takeing into account claims history statements to determine motor insurance premiums, insurance undertakings should not discriminate on the basis of nationality or solely on the basis of the previous Member State of residence of the policyholder. To enable Member States to verify how insurance undertakings apply their bonus- malus systems and treat claims history statements, insurance undertakings should publish their policies in respect of their use of claims history when calculating premiums.
Amendment 70 #
2018/0168(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 72 #
2018/0168(COD)
Proposal for a directive
Recital 10
Recital 10
(10) In order to ensure uniform conditions for the implementation of this Directive, 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 order to establish the standardised presentation of the information published by insurance undertakings regarding their bonus- malus systems, including the no claims bonus, and the content and the form of the claims history statement. To ensure that the minimum amounts stay in line with the evolving economic reality (and are not eroded over time) 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 the adaptation of those minimum amounts of cover of motor third party liability insurance to reflect the evolving economic reality, as well as to define the procedural tasks and the procedural obligations of the bodies set up to provide compensation or entrusted the task of providing compensation pursuant to Article 10a with regard to the reimbursement. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 73 #
2018/0168(COD)
Proposal for a directive
Recital 11
Recital 11
(11) As part of the evaluation of the functioning of the Directive, the European Commission should monitor the application of the Directive, especially in the field of autonomous and semi- autonomous vehicles, as well as the scope of the Directive in view of likely changes in the market, taking into account the number of victims, the amount of outstanding claims due to delays in payments following cross-border insolvency cases, the level of minimum amounts of cover in Member States, the amount of claims due to uninsured driving relating to cross-border traffic and the number of complaints regarding claims history statements
Amendment 77 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/103/EC
Article 1 – point 1 a
Article 1 – point 1 a
1a. ‘use of a vehicle’ means any use of such vehicle, intended normally to serve as a means of transport or for connected purposes, that is consistent with thea normal function of that vehicle, irrespective of the vehicle's characteristics and irrespective of the terrain on which the motor vehicle is used and of whether it is stationary or in motion.;
Amendment 83 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Directive 2009/103/EC
Article 2 – paragraphs 1 a and 1 b (new)
Article 2 – paragraphs 1 a and 1 b (new)
Amendment 87 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/103/EC
Article 4 – paragraph 1 – subparagraph 2 – introductory part
Article 4 – paragraph 1 – subparagraph 2 – introductory part
However, they may carry out such checks on insurance provided that those checks are non-discriminatory, necessary and proportionate to achieve the end pursued, and
Amendment 88 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/103/EC
Article 4 – paragraph 1 – subparagraph 2 – point b
Article 4 – paragraph 1 – subparagraph 2 – point b
(b) they form part of a general system of checks on the national territory, which are carried out also in respect of vehicles based in the territory of the respective Member State, and do not require the vehicle to stop.
Amendment 90 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/103/EC
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) for personal injuries: EUR 610 0700 000 per accident, irrespective of the number of victims, or EUR 1 222 000 000 per victim;
Amendment 91 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/103/EC
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(3a) In Article 10, the first subparagraph of paragraph 1 is amended as follows: 1. Each Member State shall set up or authorise a body with the task of providing compensation, of at least up to the limits of the insurance obligation referred to in Article 9(1) or the guarantee limits prescribed by the Member State, if higher, for damage to property or personal injuries caused by an unidentified vehicle or a vehicle for which the insurance obligation provided for in Article 3 has not been satisfied.
Amendment 94 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/103/EC
Article 10 a – paragraph 1 – introductory part
Article 10 a – paragraph 1 – introductory part
1. Member States shall set up or authorise a body to compensate injured parties habitually residing within their territory, at least up to the limits of the insurance obligation referred to in Article 9(1) or the guarantee limits prescribed by the Member State, if higher, for personal injuries or material damage, caused by a vehicle insured by an insurance undertaking in any of the following situations:
Amendment 97 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/103/EC
Article 10 a – paragraph 2
Article 10 a – paragraph 2
2. Injured parties may not present a claim to the body referred to in paragraph 1 if they have presented a claim directly to or taken legal action directly against the insurance undertaking and such claim or legal action is still pending.
Amendment 99 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/103/EC
Article 10 a – paragraph 3
Article 10 a – paragraph 3
3. The body referred to in paragraph 1 shall give a reply to the claim within twoone months after the date on which the injured party has presented his or her claim for compensation.
Amendment 100 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/103/EC
Article 10 a – paragraph 3 a (new)
Article 10 a – paragraph 3 a (new)
3a. The body referred to in paragraph 1 shall provide the compensation within three months of communicating their reply, in accordance with paragraph 3, to the injured party.
Amendment 103 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/103/EC
Article 10 a – paragraph 6 a (new)
Article 10 a – paragraph 6 a (new)
6a. Member States shall provide for penalties against insurance undertakings that have failed to comply with their obligations under this Article. Such penalties shall be proportionate, effective and dissuasive.
Amendment 108 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 3
Article 16 – paragraph 3
Member States shall ensure that insurance undertakings or the bodies as referred to in the second subparagraph, when taking account of claims history statements issued by other insurance undertakings or other bodies as referred to in the second subparagraph, do not treat policyholders in a discriminatory manner oreither by withholding discounts commonly referred to as “no claims bonuses” or by applying surcharges to their premiums or any way whatsoever because of their nationality or solely on the basis of their previous Member State of residence.
Amendment 109 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
Member States shall require insurance undertakings and the bodies referred to in the second subparagraph to integrate into motor vehicle insurance contracts a mandatory bonus-malus system, including a discount by way of a “no claims bonus”, in which premiums are influenced by policyholders’ claims history statement.
Amendment 110 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 4
Article 16 – paragraph 4
Member States shall ensure that insurance undertakings publish their policies in respect of their use ofand the bodies as referred to in the second subparagraph publish, in a standardised form, their bonus-malus policies, including the way claims history statements are taken into account when calculating premiums.
Amendment 112 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 4 a (new)
Article 16 – paragraph 4 a (new)
The Commission shall be empowered to adopt delegated acts in accordance with Article 28a to establish a standardised presentation of the information published by insurance undertakings and the bodies as referred to in the second subparagraph regarding their bonus-malus systems. When exercising that power, the Commission shall ensure that the system guarantees a high degree of comparability and transparency.
Amendment 113 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 5 – introductory part
Article 16 – paragraph 5 – introductory part
The Commission shall be empowered to adopt implementingdelegated acts in accordance with Article 28a(2) specify in order to definge the contents and form of the claims history statement referred to in the second subparagraph. That statement shall contain information about all of the following:
Amendment 127 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – introductory part
Article 1 – paragraph 1 – point 6 – introductory part
(6) the following Articles 28a, 28b and 28c are inserted:
Amendment 128 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/103/EC
Article 28 a
Article 28 a
Amendment 129 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/103/EC
Article 28 b – paragraph 2
Article 28 b – paragraph 2
2. The power to adopt delegated acts referred to in Articles 9(2) and 10a(7) shall be conferred on the Commission for an indeterminate period of time from the date referred to in Article 30. The power to adopt delegated acts referred to in Articles 10a(7) and 16 shall be conferred on the Commission for a period of five years from [the date of entry into force of this Directive].
Amendment 130 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/103/EC
Article 28 b – paragraph 5
Article 28 b – paragraph 5
5. A delegated act adopted pursuant to Articles 9(2) and 10a(7) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of twohree months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 132 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/103/EC
Article 28 c
Article 28 c
No later than sefiven years after the date of transposition of this Directive, an evaluation of this Directive shall be carried out. The Commission shall communicate the conclusions of the evaluation accompanied by its observations to the European Parliament, the Council and the European Economic and Social Committee. the Commission shall submit a report to the European Parliament, to the Council and to the European Economic and Social Committee evaluating the implementation of this Directive, in particular in respect of: (a) the application of this Directive with regard to technological developments, in particular with regard to autonomous and semi-autonomous vehicles; (b) an analysis of the adequacy of the scope of this Directive, considering the accidents risks posed by different motor vehicles, in view of likely changes in the market. The report shall be accompanied by the observations of the Commission and, where appropriate, by a legislative proposal.
Amendment 27 #
2018/0161(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) By providing for a period of supplementary protection of up to five years, Regulation (EC) No 469/2009 seeks to promote, within the Union, the research and innovation that is necessary to develop medicinal products, and to contribute to preventing the relocation of pharmaceutical research outside the Union to countries that may offer greater protection, while at the same time ensuring access to medicines within the Union.
Amendment 34 #
2018/0161(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The timely entry of generics and biosimilars onto the Union market is important for increasing competition, reducing prices and ensuring the sustainability of healthcare systems.
Amendment 43 #
2018/0161(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The absence of any exception in Regulation (EC) No 469/2009 to the protection conferred by a supplementary protection certificate has had the unintended consequence of preventing manufacturers of generics and biosimilars established in the Union from manufacturing, even for the exclusive purpose of exporting to third country markets in which such protection does not exist or has expired. A further unintended consequence is that the protection conferred by the certificate makes it more difficult for those manufacturers to enter the Union market immediately after expiry of the certificate (EU-Day1 Entry), given that they are not in a position to build up production capacity until the protection provided by the certificate has lapsed, by contrast with manufacturers located in third countries where protection does not exist or has expired.
Amendment 50 #
2018/0161(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The aim of this Regulation is to ensure that manufacturers established in the Union are able to compete effectively in those third country markets where supplementary protection does not exist or has expired, and to ensure Day-1 Entry of generic and biosimilar medicines onto the Union market after the expiry of the relevant supplementary protection certificate and this fostering access to medicines. It is intended to complement the efforts of the Union’s trade policy to ensure open markets for Union-based manufacturers of medicinal products. Indirectly, it is also intended to put those manufacturers in a better position to enter the Union market immediately after expiry of the relevant supplementary protection certificate, namely the EU-Day1 Entry. It would also help to serve the aim of fostering access to medicines in the Union by helping to ensure a swifter entry of generic and biosimilar medicines onto the market after expiry of the relevant certificate.
Amendment 63 #
2018/0161(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In thoese specific and limited circumstances, and in order to creatit is appropriate to eliminate the aforementioned, unintended side effects of the supplementary protection certificate so as to enable a level -playing field between Union-based manufacturers and those in third country manufacturers, it is appropriate to restrict the protection conferred by a supplementary protection certificate so as to allow making for the exclusive purpose of export to third countries and any related acts strictly necessary for making or for the actual export itself. ies. This would enable manufacturing exclusively for (i) export to country markets where the supplementary protection has expired, as well as for any other acts that are strictly necessary for this manufacturing and (ii) entry onto the Union market as soon as the supplementary protection certificate expires.
Amendment 73 #
2018/0161(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) That exception should cover the making of the product, including the product which corresponds to the medicinal product protected by a supplementary protection certificate in the territory of a Member State, for the exclusive purpose of export to third countriescountry markets where no supplementary protection certificate is in place and to prepare for EU-Day1 Entry, as well as any upstream or downstream acts by the maker or by third parties in a contractual relationship with the maker, where such acts would otherwise require the consent of the certificate-holder, and are strictly necessary for making for the purpose of export or, for the actual export itself and for EU-Day1 Entry. For instance, such acts may include the supply and import of active ingredients for the purpose of making the medicinal product to which the product covered by the certificate corresponds, or temporary storage of the product or advertising for the exclusive purpose of export to third country destinations.
Amendment 86 #
2018/0161(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) By limiting tThe scope of the exception is limited to making for the purpose of export outside the UnionEU-Day1 Entry and for the purpose of export to country markets where no supplementary protection certificate is in place or has expired and acts strictly necessary for such making or for the actual export itself, the exception introduced by this Regulation will not unreasonably conflict with normal exploitation of the product in the Member State where the certificate is in force, nor unreasonably prejudice the legitimate interests of the certificate- holder, taking account of the legitimate interests of third parties.
Amendment 95 #
2018/0161(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) SReasonable and proportionate safeguards should accompany the exception in order to increase transparency, to help the holder of a supplementary protection certificate to enforce its protection in the Union and to reduce the risk of illicit diversion onto the Union market during the term of the certificate.
Amendment 104 #
2018/0161(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) To this end, this Regulation should impose a once-off duty on the person making the product for the exclusive purpose of export, requiring that person to provide certain information to the authority which granted the supplementary protection certificate in the Member State where the making is to take place. The information should be provided before the making is intended to start for the first time in that Member State. The making and related acts, including those performed in Member States other than the one of making in cases where the product is protected by a certificate in those other Member States too, should only fall within the scope of the exception where the maker has sent this notification to the competent industrial property authority (or other designated authority) of the Member State of making. The once-off duty to provide information to the authority should apply in each Member State where making is to take place, both as regards the making in that Member State, and as regards related acts, whether performed in that or another Member State, related to that making. The authority should be required to publish that information, in the interests of transparency and for the purpose of informing the holder of the certificate of the maker’s intention.
Amendment 116 #
2018/0161(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In addition, this Regulation should impose certain due diligence requirements on the maker as a condition for the exception to operate. The maker should be required to inform persons within its supply chain, through appropriate means, in particular contractual means, that the product is covered by the exception introduced by this Regulation and is intended for the exclusive purpose of export and/or Day-1 entry. A maker who failed to comply with these due diligence requirements would not benefit from the exception, nor would any third party performing a related act in the same or a different Member State where a certificate conferring protection for the product was in force, and the holder of the relevant certificate would therefore be entitled to enforce its rights under the certificate.
Amendment 124 #
2018/0161(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Furthermore, this Regulation should impose labelling requirements on the maker, in order to facilitate, by means of a logo, identification of the product as a product exclusively intended for the purposes of Day-1 entry onto the Union market after the expiry of the supplementary protection certificate or of export to third countries. The making and, storing and other related acts should only fall outside the protection conferred by a supplementary protection certificate if the product is labelled in this manner. This labelling obligation would be without prejudice to labelling requirements of third countries.
Amendment 129 #
2018/0161(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to ensure that holders of supplementary protection certificates already in force are not deprived of their acquired rights, tThe exception provided for in this Regulation should only apply to certificates that are granted on or after a specified date after entry into force, for which the basic patent expirrespective of when the application for the certificate was first lodged on or after 1 January 2020. Theat date specified should also allow a reasonable time for applicants and other relevant market players to adjust to the changed legal context and to make appropriate investment and manufacturing location decisions in a timely way. The date should also allow sufficient time for public authorities to put in place appropriate arrangements to receive and publish notifications of the intention to make, and should take due account of pending applications for certificates.
Amendment 140 #
2018/0161(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The Commission should carry out an evaluation of this Regulation. Pursuant to paragraph 22 of the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 201643 , that evaluation should be based on the five criteria of effectiveness, efficiency, relevance, coherence and added value and should provide the basis for impact assessments of possible further measures. The evaluation should take into account exports to outside the Union and the ability of generics and especially biosimilars to enter markets in the Union as soon as possible after a certificate lapses. In particular, this evaluation should review the effectiveness of the exception in the light of the aim to restore a global level playing field for generic and biosimilar firms in the Union and a swifter entry of generic and especially biosimilar medicines onto the market after a certificate lapses. It should also study the impact of the exception on research and production of innovative medicines by holders of certificates in the Union and consider the balance between the different interests at stake, including access to medicines within the Union and those of public health. _________________ 43 OJ L 123, 12.5.2016, p. 1.
Amendment 146 #
2018/0161(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) This Regulation respects fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect for the right to property in Article 17 of the Charter by maintaining the core rights of the supplementary protection certificate, by confining the exception to certificates granted on or after a specified date after entry into force of this Regulation and by imposing certain conditionsfor which the basic patent expired on or after 1 January 2020 and by imposing certain conditions on the application of the exception, as well as the right to health care in Article 35 of the Charter by making medicines more accessible to EU patients and the principle of proportionality in Article 52 onf the application of the exception,Charter, point (a) of Article 6 TFEU on the right to health protection for European citizens.
Amendment 159 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. The certificate referred to in paragraph 1 shall not confer protection against a particularcertain acts against which the basic patent conferred protection if, with respect to that particular act, the following conditions are met:
Amendment 178 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point a – point i
Article 4 – paragraph 2 – point a – point i
(i) making for the exclusive purpose of export to third countriescountry markets where no supplementary protection certificate is in place; or
Amendment 181 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point a – point i a (new)
Article 4 – paragraph 2 – point a – point i a (new)
(ia) making for the purpose of entering the Union's market on Day-1 after the expiry of the supplementary protection certificate; or
Amendment 191 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point a – point ii
Article 4 – paragraph 2 – point a – point ii
(ii) any related act that is strictly necessary for that making, storing or for the actual export itself;
Amendment 192 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point a – point ii a (new)
Article 4 – paragraph 2 – point a – point ii a (new)
(iia) and excludes any act or activity for the purpose of import of medicinal products, or parts thereof, onto the Union merely for the purpose of repackaging and re-exporting.
Amendment 203 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) the authority referred to in Article 9(1) of the Member State where that making is to take place (‘the relevant Member State’) is notified by the person doing the making (‘the maker’) of the information listed in paragraph 3 no later than 2814 days before the intended start date of making in that Member State;
Amendment 217 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 3 – introductory wording
Article 4 – paragraph 3 – introductory wording
3. The information for the purposes of paragraph 2(b), which must be treated in a strictly confidential manner by all parties, shall be as follows:
Amendment 235 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point f
Article 4 – paragraph 2 – point f
Amendment 247 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Paragraph 2 shall apply in the case only of certificates granted on or after [OP: please insert the date of the first day of the third month that follows the month in which this amending Regulation is published in the Official Journal)].;for which the basic patent expires on or after 1 January 2020.
Amendment 256 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 469/2009
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 161 #
2018/0114(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The concept of establishment within the meaning of the Treaty provisions on freedom of establishment involves the actual pursuit of an economic activity through a fixed establishment in the host Member State for an indefinite period and it presupposes the pursuit of genuine economic activity there. It is therefore appropriate to ensure that the company carrying out the cross-border conversion or the merging companies, in case of a cross-border merger, are required to demonstrate on the basis of ascertainable objective factors, to have a fixed establishment and to pursuit genuine and substantial economic activity in the destination Member State for an indefinite period. In order to combat abuses and to avoid the use of cross- border company restructuring processes to create artificial arrangements, it is also necessary to ensure that the companies resulting from cross-border conversions or cross-border mergers have their head office in the destination Member State.
Amendment 245 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive (EU) 2017/1132
Article 1 a (new):
Article 1 a (new):
Amendment 248 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Directive (EU) 2017/1132
Article 1 a (new)
Article 1 a (new)
(1a) After Article 1, the following Article 1a (new) is inserted: Article 1a Procedures for cross-border company restructuring The measures laid down in this Directive shall constitute the only legally admissible procedures for cross-border company restructuring. Cross-border company restructuring measures beyond those defined in points (2) and (9) of Article 1b (new) are not permitted.
Amendment 250 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 b (new)
Article 1 – paragraph 1 – point 1 b (new)
Directive (EU) 2017/1132
Article 1 b (new)
Article 1 b (new)
(1b) After Article 1a (new), the following Article 1b (new) is inserted: Article 1b Definitions For the purposes of this Directive [...] (15) 'head office' means the place where key management and commercial decisions that are necessary for the conduct of the company’s business as a whole are in substance made.
Amendment 251 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 c (new) Directive (EU) 2017/1132
Article 1 – paragraph 1 – point 1 c (new) Directive (EU) 2017/1132
(1c) After Article 1b (new), the following Article 1c (new) is inserted: Article 1c Sanctions and judicial review Member States shall provide for adequate sanctions in the event of infringements of this Directive. Those sanctions shall be effective, proportionate and dissuasive and shall include, inter alia, the possibility to declare the relevant conversion, merger or division null and void. Member States shall introduce into their national legal systems such measures as are necessary to enable all employees and representatives of employees who consider themselves wronged by failure to comply with the obligations arising from this Directive to pursue their claims by judicial process.
Amendment 280 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2017/1132
Article 86 c – paragraph 3
Article 86 c – paragraph 3
3. Member States shall ensure that the competent authority of the departure Member State shall not authorise the cross- border conversion where it determines, after an examination of the specific case and having regard to all relevant facts and circumstances, that it constitutes an artificial arrangement aimed at obtaining undue tax advantages or at unduly prejudicing the legal or contractual rights of employees, creditors or minority members. . The company carrying out the cross- border conversion shall demonstrate on the basis of ascertainable objective factors, to have a fixed establishment and to pursuit genuine and substantial economic activity in the destination Member State for an indefinite period. The company carrying out the cross- border conversion shall not be considered to have a fixed establishment and to pursue genuine and substantial economic activity in the destination Member State unless it can demonstrate that: – the company has a fixed establishment in the destination Member State which has the objective appearance of permanency and performs substantial business activities, conducts its business in relevant premises, with a relevant number of employees employed on a permanent basis, and has a management body that is materially equipped to negotiate business with third parties; and – the consolidated EBIDTA generated by the operations of the company in the destination Member State in the last two fiscal years corresponds at least to 25% of the consolidated EBIDTA generated by the company in the European Union. The head office of the converted company shall be located in the destination Member State within 5 months from the date on which the cross-border conversion takes effect according to Article 86r. In case this condition has not been complied with, the cross-border conversion shall be declared null and void. The competent authority of the destination Member State shall verify that this condition has been respected and shall communicate the result of such verification to the competent authority of the departure Member State.
Amendment 290 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – paragraph 1– introductory part
Article 86 d – paragraph 1– introductory part
1. The management or administrative organ, including employee board level representatives, of the company which intends to carry out a cross-border conversion shall draw up the draft terms of a cross-border conversion. The draft terms of a cross- border conversion shall include at least the following:
Amendment 295 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 d – paragraph 1 – point d a (new)
Article 86 d – paragraph 1 – point d a (new)
(da) detailed information on the transfer of the head office of the company to the destination Member State, in case it is not already located there;
Amendment 324 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 2 – point a (new)
Article 86 e – paragraph 2 – point a (new)
(-a) the reasons of the cross-border conversion;
Amendment 365 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 – point a (new)
Article 86 f – paragraph 2 – point a (new)
(-a) the reasons of the cross-border conversion;
Amendment 376 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2 – point d
Article 86 f – paragraph 2 – point d
(d) whether the factors set out in points (a), (b) and (c) also relate to any subsidiaries, branches or controlled undertakings according to Article 3 of the Directive 2009/38/EC of the company.
Amendment 392 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 3 a (new)
Article 86 f – paragraph 3 a (new)
3a. The European Works Councils, where applicable, the national employee' representation bodies and the trade unions represented in the company shall have appropriate resources to conduct a thorough analysis on the report.
Amendment 399 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 4 a (new)
Article 86 f – paragraph 4 a (new)
4a. The executive management or the administrative organ of the company which intends to carry out the cross- border conversion, shall provide a motivated response on the opinion provided by employee before the date of the general meeting referred to in Article 86i.
Amendment 436 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 3 – point a
Article 86 g – paragraph 3 – point a
(a) a detailed assessment of the accuracy of the reports andboth the draft terms and the reports as well as the information submitted by the company carrying out the cross-border conversion;
Amendment 442 #
2018/0114(COD)
(b) a description of all factual elements necessary for the competent authority, designated in accordance with Article 86m(1), to carry out an in-depth assessment to determine whether the intended cross-border conversion constitutes an artificial arrangement in accordance with Article 86n, including at a minimum the following: the characteristics of the establishment in the destination Member State, including the intent, the sector, the investment, the net turnover and profit or loss, number of employees, the composition of the balance sheet, the tax residence, the assets and their location, the habitual place of work of the employees and of specific groups of employees, the place where social contributions are due and the commercial risks assumed by the converted company in the destination Member State and the departure Member State, the composition of the balance sheet and of the financial statement in the destination member state and in all member States in which the company operates in the last two fiscal years.
Amendment 455 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 h a (new)
Article 86 h a (new)
After Article 86h the following Article 86ha (new) is inserted: Article 86h Approval by the employees After taking note of the reports referred to in Articles 86e, 86f and 86g, the representatives of the employees of the company carrying out the cross-border conversion or, if there are no representatives, the employees themselves, shall decide, by simple majority, whether to approve the draft terms of the cross- border conversion. In case the representatives of the employees or, where applicable, the employees themselves, reject the draft terms, the general meeting of the company shall not proceed to vote on the resolution referred to in Article 86i.
Amendment 460 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 h – paragraph 4 – subparagraph 2
Article 86 h – paragraph 4 – subparagraph 2
However, Member States may, in cases of genuine suspicion of fraud based on reasonable groundsjustified exceptional cases of overriding reasons of public interest, require a physical presence before any competent authority, or before any other person or body dealing with, making or assisting in making the online disclosure.
Amendment 462 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 h – paragraph 4 – subparagraph 2 a (new)
Article 86 h – paragraph 4 – subparagraph 2 a (new)
Member States shall lay down detailed rules for the online disclosure of documents and information referred to in paragraphs 1 and 3. Article 13f paragraphs 3 and 4 shall apply accordingly.
Amendment 475 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Member States shall ensure that a company carrying out a cross-border conversion makes an offer of adequate compensation in the draft terms of the cross-border conversion as specified in the Article 86d(1)(i) to the members, referred to in paragraph 1 of this Article, who wish to exercise their right to dispose of their shareholdings. Member States shall also establish the period for the acceptance of the offer, which shall not in any event exceed one month after the general meeting referred to in Article 86i. Member States shall further ensure that the company is able to accept an offer communicated electronically to an address provided by the company for that purpose.
Amendment 483 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l a (new)
Article 86 l a (new)
After Article 86l the following Article 86la (new) is inserted: Article 86la Collective agreements Following the cross-border conversion, the company carrying out the cross- border conversion shall continue to observe the terms and conditions agreed in any collective agreements on the same terms applicable to the company before the conversion under such agreements, until the date of termination or expiry of the collective agreement or the entry into force or application of another collective agreement.
Amendment 489 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l – paragraph 3
Article 86 l – paragraph 3
3. IThe information, consultation and participation of employees in the converted company and their involvement in the definition of such rights and in the cases referred to in paragraph 2 of this Article, the participation of employees in the converted company and their involvement in the definition of such rights shall be regulated by the Member States, mutatis mutandis and subject to paragraphs 4 to 7 of this Article, in accordance with the principles and procedures laid down in Article 12(2), (3) and (4) of Regulation (EC) No 2157/2001 and the following provisions of Directive 2001/86/EC:
Amendment 493 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l – paragraph 3 – point e
Article 86 l – paragraph 3 – point e
(e) the first subparagraph of Article 7(1);
Amendment 506 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l – paragraph 5
Article 86 l – paragraph 5
Amendment 516 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 m – paragraph 3 – subparagraph 2
Article 86 m – paragraph 3 – subparagraph 2
Amendment 519 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 m – paragraph 5 – point b
Article 86 m – paragraph 5 – point b
(b) all comments and opinions submitted by interested parties in accordance with Article 86h (1), particularly the opinion referred in Article 86 f (4);
Amendment 531 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 n – paragraph 1 – subparagraph 1
Article 86 n – paragraph 1 – subparagraph 1
Member States shall ensure in order to assess whether the cross-border conversion constitutes an artificial arrangement within the meaning of Article 86c(3), that the competent authority of the departure Member State carries out an in-depth assessment of all relevant facts and circumstances and shall take into account at a minimum the following: the characteristics of the establishment in the destination Member State, including the intent, the sector, the investment, the net turnover and profit or loss, number of employees, the composition of the balance sheet, the tax residence, the assets and their location, the habitual place of work of the employees and of specific groups of employees, the place where social contributions are due and, the commercial risks assumed by the converted company in the destination Member State and the departure Member State and the composition of the balance sheet and of the financial statement in the destination member state and in all Member States in which the company operates in the last two fiscal years. The competent authority shall be able to ask questions to and receive information from the competent authority of the destination Member State.
Amendment 542 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Amendment 543 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 q – paragraph 2
Article 86 q – paragraph 2
2. Member States shall ensure that at least the following information shall be entered in their registers in a clear and timely manner, which are made publically available and accessible free of charge by means of the system referred to in Article 22:
Amendment 544 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 q – paragraph 2 – point d a (new)
Article 86 q – paragraph 2 – point d a (new)
(da) (e) the arrangements made for the exercise of the rights of creditors, members and employees, in particular whether (i) a European works council exists and how the necessary information and consultation procedures have been applied, (ii) employee board level representation rights have been considered (or are not applicable) and (iii) where applicable, a special negotiating body has been formed and (iv) where applicable, the standard rules have been applied.
Amendment 569 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point -a (new)
Article 1 – paragraph 1 – point 7 – point -a (new)
(-a) In Article 122, the introductory part is replaced by the following: The management or administrative organ including employee board level representatives, of each of the merging companies shall draw up the common draft terms of a cross-border merger. The common draft terms of a cross-border merger shall include at least the following particulars:
Amendment 572 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a a (new)
Article 1 – paragraph 1 – point 7 – point a a (new)
Directive (EU) 2017/1132
Article 122 – point (a a) (new)
Article 122 – point (a a) (new)
(aa) After point (a) the following point is added: detailed information the transfer of the head office of the company to the destination Member State, in case it is not already located there;
Amendment 577 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 123 – paragraph 2 – subparagraph 1
Article 123 – paragraph 2 – subparagraph 1
Amendment 578 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 123 – paragraph 2 – subparagraph 2
Article 123 – paragraph 2 – subparagraph 2
Amendment 579 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 123 – paragraph 3
Article 123 – paragraph 3
3. Where merging companies disclose the common draft terms of the cross-border merger in accordance with paragraph 2 of this Article,Member States shall also ensure that at least the following information shall be disclosed, free of charge, at least one month before the date of the general meeting which is to decide thereon in the respective national registers referred to in Article 16:
Amendment 581 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 123 – paragraph 3 – point c
Article 123 – paragraph 3 – point c
(c) an indication, for each of the merging companies, of the arrangements made for the exercise of the rights of creditors, employees and members; members and employees, in particular whether (i) a European works council exists and how the necessary information and consultation procedures have been applied, (ii)employee board level representation rights have been considered (or are not applicable) and (iii) where applicable, a special negotiating body has been formed and (iv) where applicable, the standard rules have been applied;
Amendment 582 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 123 – paragraph 4 – subparagraph 2
Article 123 – paragraph 4 – subparagraph 2
Amendment 631 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Directive (EU) 2017/1132
Article 125a (new)
Article 125a (new)
(11 a) After Article 125 the following Article 125a (new) is inserted: Article 125a Approval by the employees After taking note of the reports referred to in Articles 124, 124a and 125, the representatives of the employees of each merging company or, if there are no representatives, the employees themselves, shall decide, by simple majority, whether to approve the draft terms of the cross- border merger. In case the representatives of the employees or, where applicable, the employees themselves, of at least one of the merging companies reject the draft terms, the general meeting of the merging companies shall not proceed to vote on the resolution referred to in Article 126.
Amendment 638 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 Directive (EU) 2017/1132
Article 1 – paragraph 1 – point 13 Directive (EU) 2017/1132
Member States shall ensure that each of the merging companies makes an offer of adequate cash compensation in the common draft terms of the cross-border merger, as specified in Article 122(1)(m), to those members referred to in paragraph 1 of this Article who wish to exercise their right to dispose of their shareholdings. Member States shall also establish the period for the acceptance of the offer, which shall not in any event exceed one month after the general meeting referred to in Article 126 or, in cases where the approval of the general meeting is not required, within two months after the disclosure of the common draft terms of merger referred to in Article 123. Member States shall further ensure that the merging companies are able to accept an offer communicated electronically to an address provided by those companies for that purpose.
Amendment 645 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point –a (new)
Article 1 – paragraph 1 – point 14 – point –a (new)
Directive (EU) 2017/1132
Article 127 – paragraph 1
Article 127 – paragraph 1
(-a) paragraph 1 is replaced by the following: 1.Each Member State shall designate the court, notary or other authority competent to scrutinise the legality of the cross- border merger as regards that part of the procedure which concerns each merging company subject to its national law and the provisions of this Directive. Member States shall ensure that the competent authorities do not authorise the cross- border merger where it determines, after an examination of the specific case and having regard to all relevant facts and circumstances, that it constitutes an artificial arrangement. This examination shall be carried out by the competent authorities in accordance with the procedure in Article 86 g, mutatis mutandis. The companies carrying out the cross- border merger shall demonstrate on the basis of ascertainable objective factors, the actual establishment and the pursuit of genuine economic activity in the destination Member State for an indefinite period. The companies carrying out the cross-border merger shall be presumed to have an actual establishment and to pursue genuine economic activity in the destination Member State where it can demonstrate that it has a fixed establishment in that State, which has the objective appearance of permanency, has a management body and is materially equipped to negotiate business with third parties so that the latter do not have to deal directly with the parent body, which is abroad, but may transact business at the place of business constituting the establishment of the acquiring company.
Amendment 646 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a – introductory part
Article 1 – paragraph 1 – point 14 – point a – introductory part
Directive (EU) 2017/1132
Article 127 – paragraph 1
Article 127 – paragraph 1
(a) in paragraph, 1, the following subparagraphs are added: paragraph 1 is replaced by the following: 1. Each Member State shall designate the court, notary or other authority competent to scrutinise the legality of the cross- border merger as regards that part of the procedure which concerns each merging company subject to its national law and the provisions of this Directive. Member States shall ensure that the authority referred to in the first subparagraph shall not authorise the cross-border merger where it determines, after an examination of the specific case and having regard to all relevant facts and circumstances, that it constitutes an artificial arrangement. This examination shall be carried out by the authority in accordance with the procedures in Article 86g, Article 86m(7)(c) and Article 86n, mutatis mutandis. The authorities of the Member States of the merging companies shall cooperate and exchange information during this process. The merging companies shall demonstrate on the basis of ascertainable objective factors, to have a fixed establishment and to pursuit genuine and substantial economic activity in the destination Member State for an indefinite period. The merging companies shall not be considered to have a fixed establishment and to pursue genuine and substantial economic activity in the destination Member State unless they can demonstrate that: - they have a fixed establishment in the destination Member State which has the objective appearance of permanency and performs substantial business activities, conducts its business in relevant premises, with a relevant number of employees employed on a permanent basis, and has a management body that is materially equipped to negotiate business with third parties; and - the consolidated combined EBIDTA generated by the operations of the merging companies in the destination Member State in the last two fiscal years corresponds at least to 25% of the combined consolidated EBIDTA generated by the merging companies in the European Union. The head office of the company resulting from the cross-border merger shall be located in the destination Member State within 5 months from the date on which the cross-border merger takes effect according to Article 129. In case this condition has not been complied with, the cross-border merger shall be declared null and void. The authority referred to in the first subparagraph of the destination Member State shall verify that this condition has been respected and shall communicate the result of such verification to the authorities of the Member States of the merging companies.
Amendment 647 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Directive (EU) 2017/1132
Article 127 – paragraph 1 – subparagraph 2
Article 127 – paragraph 1 – subparagraph 2
Amendment 648 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point b
Article 1 – paragraph 1 – point 15 – point b
Directive (EU) 2017/1132
Article 128 – paragraph 3 – subparagraph 2
Article 128 – paragraph 3 – subparagraph 2
Amendment 651 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a a (new)
Article 1 – paragraph 1 – point 18 – point a a (new)
Directive (EU) 2017/1132
Article 133 – paragraph 3 – point (e)
Article 133 – paragraph 3 – point (e)
(a a) Point (e) of paragraph 3 is amended as follows: (e) Article 7(1);
Amendment 656 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Directive (EU) 2017/1132
Article 134a (new)
Article 134a (new)
(19 a) After Article 133 the following Article 134a (new) is inserted: Article 134a Collective agreements following the cross- border merger, the company resulting from the cross-border merger shall continue to observe the terms and conditions agreed in any collective agreements on the same terms applicable to the merging companies before the cross-border merger, until the date of termination or expiry of the collective agreement or the entry into force or application of another collective agreement.
Amendment 28 #
2018/0113(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The use of digital tools and processes to more easily, rapidly and cost- effectively initiate economic activity by setting up a company or by opening a branch of that company in another Member State is one of the prerequisites for the effective functioning of a competitive Single Market and for ensuring the competitiveness and trustworthiness of companies.
Amendment 37 #
2018/0113(COD)
Proposal for a directive
Recital 5
Recital 5
(5) In order to facilitate the registration of companies and their branches and to reduce the costs and administrative burdens associated with the registration process, in particular by micro, small and medium- sized enterprises (‘SMEs’) as defined in Commission Recommendation 2003/361/EC32 , procedures should be put in place to enable registration to be completed fully online. Such costs and burdens derive not only from administrative fees charged for setting up a company, but also from other requirements which make the overall process longer to complete, in particular when the physical presence of the applicant or their representative is required. In addition, information on these procedures should be made available online and free of charge. _________________ 32 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 44 #
2018/0113(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Enabling the fully online registration of companies and branches and the fully online filing of documents and information would allow companies to use digital tools in their contacts with competent authorities of Member States. In order to enhance trust, Member States should ensure that secure electronic identification and the use of trust services is possible for national as well as cross- border users in accordance with highest assurance level defined in Regulation (EU) No 910/2014 of the European Parliament and of the Council34 . Furthermore, in order to enable cross- border electronic identification, Member States should set up electronic identification schemes which provide for authorised electronic identification means. Such national schemes would be used as a basis for the recognition of electronic identification means issued in another Member State. In order to ensure the high level of trust in cross-border situations, only electronic identification means which comply with Article 6 of Regulation (EU) No 910/2014 should be recognised. However, Member States may also recognise other identification means such as a scanned copy of a passportidentification via videoconference or other online means that provide a real- time audio-visual connection. In any event, this Directive should only oblige Member States to enable online registration of companies and their branches and online filing by Union citizens through the recognition of their electronic identification means. _________________ 34 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).
Amendment 70 #
2018/0113(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to respect Member States’ existing traditions of company law, it is important to allow flexibility as regards the manner in which they ensure a fully online system of registration of companies and branches and filing of documents and information, including in relation to the role of notaries or lawyers in such a process. Matters concerning online registration of companies and branches and filing of documents and information which are not regulated in this Directive should be governed by national law.
Amendment 76 #
2018/0113(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Furthermore, in order to tackle fraud, money-laundering and company hijacking and to provide safeguards for the reliability and trustworthiness of documents and information contained within national registers, provisions concerning the online registration of companies and their branches should also includeand subsequent online filing should also include legality controls and controls on the identity and legal capacity of persons seeking to establish a company or branch or to file documents and information. However, the means and methods to achieve these controls should be left to Member States to develop and adopt. Those rules could include, amongst others, verification by means of video-conference or other online means that provide a real- time audio-visual connection. To that effect Member States should be able to require the involvement of notaries or lawyers as a part of the online registration and filing process, however, such involvement should not prevent the completion of the registration and filing procedure in its entirety online.
Amendment 98 #
2018/0113(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In the interest of transparency and to promote trust in business transactions, including those with a cross-border nature within the Single Market, it is important that investors, stakeholders, business partners and authorities and organisations such as trade unions, can easily access company information. To improve the accessibility of that information, more information should be available free of charge in all Member States. Such information should include the website of the company, where applicable and, the legal status of the company and its branches in another Member States, where available in national registers. It should also include information concerning the persons authorised to represent companies and the number of employees where this information is available.
Amendment 127 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU)2017/1132
Article 13b – paragraph 4
Article 13b – paragraph 4
4. Without phere judice to paragraphs 1 to 3, Member States may take measures which could require a physical presence for the purposes of verifying the identity ofstified by an overriding reason of public interest, Member States may require the applicants or their representatives to appear in persons before any authority competent tocompetent authority, or before any other person or body dealing with online, making or assisting in making the application for registration or online filing, in cases of genuine suspicion of fraud based on reasonable groundsfor procedural steps for which this physical presence is necessary. Member States shall ensure that physical presence may only be required on a case by case basis and that any other steps of the procedure can be completed online.
Amendment 150 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 13 f – paragraph 5 (new)
Article 13 f – paragraph 5 (new)
5. The rules, referred to in paragraph 2, may further provide for the following: (a) the procedures to verify the appointment of directors taking into account the disqualification of directors by competent authorities of other Member States; (b) the procedures to provide for the role of a notary or any other person or body involved in process of registration under applicable national law; (c) the exclusion of online registration where the share capital of a company is to be paid by way of contributions in kind.
Amendment 156 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
1. Member States shall ensure that the registration of companies by natural persons may be carried out fully online without the necessity for the applicants, or their representatives, to appear in person before any competent authority or before any other person or body dealing with, making or assisting in making the application for registration, subject to the proviso laid down in Article 13b(4). However, Member States may decide not to provide fully online registration procedures for those types of companies listed in Annex II other than those listed in Annex IIA. The online registration of companies by representatives shall be excluded.
Amendment 160 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU)2017/1132
Article 13f – paragraph 2
Article 13f – paragraph 2
2. Member States shall lay down detailed rules for the online registration of companies, including rules on the use of templates, as referred to in Article 13g and the documents and information required for registering a company. As part of these rules Member States shall ensure that the online registration may be carried out by submitting information or documents in the electronic form, including electronic copies of the documents and information referred to in Article 16a(4). The requirements under applicable national law as to the authenticity, accuracy and due legal form of any submitted document or information shall remain unaffected.
Amendment 165 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU)2017/1132
Article 13f – paragraph 3 – point a
Article 13f – paragraph 3 – point a
(a) the procedures to ensure the legal capacity of the applicant and their authority to represent the company;
Amendment 168 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU)2017/1132
Article 13f – paragraph 3 – point b
Article 13f – paragraph 3 – point b
(b) the means to verify the identity of the person or persons registering the company or their representatives;
Amendment 171 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU)2017/1132
Article 13f – paragraph 4
Article 13f – paragraph 4
4. The rules, referred to in paragraph 2, mayshall also provide for the following:
Amendment 174 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU)2017/1132
Article 13f – paragraph 4 – point d
Article 13f – paragraph 4 – point d
Amendment 175 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU)2017/1132
Article 13 f – paragraph 4 – point e
Article 13 f – paragraph 4 – point e
Amendment 178 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU)2017/1132
Article 13 f – paragraph 4 – point f
Article 13 f – paragraph 4 – point f
Amendment 180 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU)2017/1132
Article 13f – paragraph 4 a (new)
Article 13f – paragraph 4 a (new)
4a. The rules, referred to in paragraph 2, may further provide for the following: (a) the procedures to verify the appointment of directors taking into account the disqualification of directors by competent authorities of other Member States; (b) the procedures to provide for the role of a notary or any other person or body involved in process of registration under applicable national law; (c) the exclusion of online registration where the share capital of a company is to be paid by way of contributions in kind.
Amendment 186 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU)2017/1132
Article 13f – paragraph 7 – introductory part
Article 13f – paragraph 7 – introductory part
Member States shall ensure that the online registration is completed within a period of fiveten working days from the later of the following:
Amendment 198 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 13g – paragraph 2
Article 13g – paragraph 2
2. Member States shall ensure that the templates, referred to in paragraph 1 of this Article, may be used by applicants as part of the online registration procedure, referred to in Article 13f. Where those templates are used by the applicant in compliance with the rules referred to in point (c) of Article 13f(4), where applicable, the requirement to have the company instruments of constitution drawn up and certified in due legal form as laid down in Article 10 shall be deemed to be fulfilled, and in accordance with the provisions thereof.
Amendment 212 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 13i – title
Article 13i – title
Article 13i Online filing by companiesof documents and information
Amendment 219 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 13i – paragraph 1 – subparagraph 1
Article 13i – paragraph 1 – subparagraph 1
Member States shall ensure that companies are able to file online the documents and information, as referred to in Article 14, including any modification thereof, can be filed online with the register within the time limit provided by the laws of the Member State where the company is to be registered. Member States shall ensure that such filing may be completed online in its entirety without the necessity for the applicant, or his representative to appear in person before any competent authority or before any other person or body dealing with, making or assisting in making the online filing, subject to the proviso laid down in Article 13b(4).
Amendment 222 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 13i – paragraph 1 – subparagraph 2
Article 13i – paragraph 1 – subparagraph 2
Member States shall ensure that the origin and integrity of the documents filed online may be verified electronically; the requirements under applicable national law as to the authenticity, accuracy and due legal form of any submitted information or document shall remain unaffected.
Amendment 226 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 13i – paragraph 1 a (new)
Article 13i – paragraph 1 a (new)
Member States shall lay down detailed rules for the online filing of documents and information. Article 13f, paragraphs 3 to 5, shall apply accordingly.
Amendment 242 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 19 – paragraph 2 – point g
Article 19 – paragraph 2 – point g
(g) the number of employees of the company, where this is available in the company’s financial statements as required by national and Union law;
Amendment 262 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive (EU) 2017/1132
Article 28a – paragraph 5
Article 28a – paragraph 5
5. Member States shall complete the online registration of a branch within the period of fiveten working days from the receipt of all the necessary documents and information required by a competent authority or, where applicable, by a person or a body mandated under national law to submit an application for the registration.
Amendment 265 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive (EU) 2017/1132
Article 28b
Article 28b
Member States shall ensure that documents and information, referred to in Article 30 or any modification thereof, may be filed online within the period provided by the laws of the Member State where the branch is established. Member States shall ensure that such filing may be completed online in its entirety without the necessity for the applicant or its representative to appear in person before any competent authority or before any other person or body dealing with, making or assisting in making the online filing, subject to the proviso laid down in Article 13b(4). The requirements under applicable national law as to the authenticity, accuracy and due legal form of any submitted document or information shall remain unaffected.
Amendment 81 #
2018/0112(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Online intermediation services and online search engines, as well as the commercial transactions facilitated by those services, have an intrinsic cross- border potential and are of particular importance for the proper functioning of the Union’s internal market in today’s economy. The potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market. In addition, the full realisation of that potential is hampered, and the proper functioning of the internal market is negatively affected, by diverging laws of certain Member States which, with a varying degree of effectiveness, regulate those services, while other Member States are considering adopting such laws.
Amendment 171 #
2018/0112(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Providers of online search engines often allow the ranking of search results to be influenced against forms of remuneration paid by corporate website users. Clear details regarding such practice should be made publicly available for corporate website users and consumers to understand the effects of remuneration on ranking. Nevertheless, search results whose placement in the ranking has been influenced by forms of payment should be clearly flagged, making them easily distinguishable from other search results where remuneration was not paid.
Amendment 191 #
2018/0112(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) Business users should be able to transfer their online reputation, such as ratings and reviews accumulated with one provider of online intermediation services, to alternative providers of similar services with a comparable system of online reputation. The portability of business users’ reputation will enable for greater competition between providers, giving access to a wider choice to both business users and consumers alike.
Amendment 192 #
2018/0112(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Providers of online intermediation services might in certain casesoften restrict in the terms and conditions the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services. In those cases, the providers concerned should set out the grounds for doing so, in particular with reference to the main economic, commercial or legal considerations for the restrictions. This transparency obligation should however not be understood as affecting the assessment of the legality of such restrictions under oCertain Member States already prohibit such practices, as they unfairly limit the freedom of business users to set the conditions of sale of their own products and services, and may also harm consumers by restricting their acts of Union law or the law of Member States in accordance with Union law, including in the areas of competitchoice. Thus, this Regulation should prohibit such clauses in the European Union, and unfair commercial practices, and the application of such lawhence harmonise the legal framework of Member States.
Amendment 411 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters, by providing an easily and publicly available description, drafted in clear and unambiguous language on the online search engines of those providers. They shall keep that description up to date.
Amendment 415 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Individual parameters determining ranking shall be applied in a non- discriminatory manner.
Amendment 416 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
2b. Where those main parameters include the possibility to influence ranking against any direct or indirect remuneration paid by corporate website users to the provider of online search engine concerned, that provider of online search engine shall also include in its terms and conditions a description of those possibilities and of the effects of such remuneration on ranking. In any case, providers of online search engines shall not influence ranking of search results against any direct or indirect remuneration paid by corporate website users, unless they mark search results where remuneration was paid in a clearly identifiable manner.
Amendment 518 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Business users shall have the right to receive ratings, reviews or any other data concerning themselves that they have accumulated on online intermediation services, regardless of whether they have provided such data to the provider of online intermediation services, in a structured, commonly used and machine- readable format. They shall have the right to transfer such data to another provider of similar online intermediation services with a comparable system of ratings and reviews. Where technically feasible, business users shall have the right to have such data transmitted directly from one provider of online intermediation services to another.
Amendment 532 #
2018/0112(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where, in the provision of their services, pProviders of online intermediation services shall not restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services, they shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public. Those grounds shall include the main economic, commercial or legal considerations for those restrictions.
Amendment 541 #
2018/0112(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 47 #
2018/0089(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to enable qualified entities, which represent the collective interest of consumers or citizens, to seek remedy through representative actions against infringements of provisions of Union law. The qualified entities should be able to ask for stopping or prohibiting an infringement, for confirming that an infringement took place and to seek redress for the economic and non-economic damage, such as compensation, repair or price reduction as available under national laws.
Amendment 52 #
2018/0089(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Directive 2009/22/EC of the European Parliament and of the Council29 enabled qualified entities to bring representative actions primarily aimed at stopping and prohibiting infringements of Union law harmful to the collective interests of consumers. However, that Directive did not sufficiently address the challenges for the enforcement of consumerUnion law. To improve the deterrence of unlawful practices and to reduce consumer or citizen detriment, it is necessary to strengthen the mechanism for protection of collective interests of consumers or citizens. Given the numerous changes, for the sake of clarity it is appropriate to replace Directive 2009/22/EC.
Amendment 55 #
2018/0089(COD)
Proposal for a directive
Recital 3
Recital 3
(3) A representative action should offer an effective and efficient way of protecting the collective interests of consumers or citizens. It should allow qualified entities to act with the aim of ensuring compliance with relevant provisions of Union law and to overcome the obstacles faced by consumers or citizens within individual actions, such as the uncertainty about their rights and available procedural mechanisms, psychological reluctance to take action and the negative balance of the expected costs and benefits of the individual action.
Amendment 57 #
2018/0089(COD)
Proposal for a directive
Recital 4
Recital 4
(4) It is important to ensure the necessary balance between access to justice and procedural safeguards against abusive litigation which could unjustifiably hinder the ability of businesses to operate in the Single Market. To prevent the misuse of representative actions, elements such as punitive damages and the absence of limitations as regards the entitlement to bring an action on behalf of the harmed consumers or citizens should be avoided and clear rules on various procedural aspects, such as the designation of qualified entities, the origin of their funds and nature of the information required to support the representative action, should be laid down. The unsuccessful party should bear the costs of the proceedings. However, the court or tribunal should not award costs to the unsuccessful party to the extent that they were unnecessarily incurred or are disproportionate to the claim. This Directive should not affect otherwise national rules concerning the allocation of procedural costs.
Amendment 61 #
2018/0089(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Infringements that affect the collective interests of consumers or citizens often have cross-border implications. More effective and efficient representative actions available across the Union should boost consumer confidence in the internal market and empower consumers to exercise their rights. Moreover, it should enhance the efficiency of the Member States’ justice systems.
Amendment 66 #
2018/0089(COD)
Proposal for a directive
Recital 6
Recital 6
(6) This Directive should cover a variety of areas such as data protection, financial services, travel and tourism, energy, telecommunications, competition and environment. ItTherefore, Member States should ensure that organisations representing all these subject areas can be designated as qualified entities. The Directive should cover infringements of provisions of Union law which protect the interests of consumers and citizens, regardless of whether they are referred to as consumers or citizens as travellers, users, customers, retail investors, retail clients or other in the relevant Union law. To ensure adequate response to infringement to Union law, the form and scale of which is quickly evolving, it should be considered, each time where a new Union act relevant for the protection of the collective interests of consumers is adopted, whether to amend the Annex to the present Directive in order to place it under its scope.
Amendment 72 #
2018/0089(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 76 #
2018/0089(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Building on Directive 2009/22/EC, this Directive should cover both domestic and cross-border infringements, in particular when consumers or citizens concerned by an infringement live in one or several Member States other than the Member State where the infringing trader is established. It should also cover infringements which ceased before the representative action started or concluded, since it may still be necessary to prevent the repetition of the practice, establish that a given practice constituted an infringement and facilitate consumer or citizen redress.
Amendment 79 #
2018/0089(COD)
Proposal for a directive
Recital 9
Recital 9
(9) This Directive should not establish rules of private international law regarding jurisdiction, the recognition and enforcement of judgments or applicable law. The existing Union law instruments apply to the representative actions set out by this Directive preventing any increase in forum shopping.
Amendment 86 #
2018/0089(COD)
Proposal for a directive
Recital 10
Recital 10
(10) As only qualified entities can bring the representative actions, to ensure that the collective interests of consumers or citizens are adequately represented the qualified entities should comply with the criteria established by this Directive. In particular, they would need to be properly constituted according to the law of a Member State, which could include for example requirements regarding the number of members, the degree of permanence, or transparency requirements on relevant aspects of their structure such as their constitutive statutes, management structure, objectives and working methods. They should also be not for profit and have a legitimate interest in ensuring compliance with the relevant Union law. These criteria should apply to both qualified entities designated in advance and to ad hoc qualified entities that are constituted for the purpose of a specific action.
Amendment 93 #
2018/0089(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Independent public bodies and consumer, consumer organisations, environmental organisations and human rights organisations in particular should play an active role in ensuring compliance with relevant provisions of Union law and are all well placed to act as qualified entities. Since these entities have access to different sources of information regarding traders' practices towards consumers or citizens and hold different priorities for their activities, Member States should be free to decide on the types of measures that may be sought by each of these qualified entities in representative actions.
Amendment 95 #
2018/0089(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Since both judicial and administrative procedures may effectively and efficiently serve the protection of the collective interests of consumers or citizens it is left to the discretion of the Member States whether the representative action can be brought in judicial or administrative proceedings, or both, depending on the relevant area of law or relevant economic sector. This shall be without prejudice to the right to an effective remedy under Article 47 of the Charter of Fundamental Rights of the European Union, whereby Member States shall ensure that consumers, citizens and businesses have the right to an effective remedy before a court or tribunal, against any administrative decision taken pursuant to national provisions implementing this Directive. This shall include the possibility for the parties to obtain a decision granting suspension of enforcement of the disputed decision, in accordance with national law.
Amendment 97 #
2018/0089(COD)
(13) To increase the procedural effectiveness of representative actions, qualified entities should have the possibility to seek different measures within a single representative action or within separate representative actions. These measures should include interim measures for stopping an ongoing practice or prohibiting a practice in case the practice has not been carried out but there is a risk that it would cause serious or irreversible harm to consumers, measures establishing that a given practice constitutes an infringement of law and, if necessary, stopping or prohibiting the practice for the future, as well as measures eliminating the continuing effects of the infringement, including redress. If sought within a single action, qualified entities should be able to seek all relevant measures at the moment of bringing the action or first seek relevant injunctions order and subsequently and if appropriate redress order.
Amendment 100 #
2018/0089(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Injunction orders aim at the protection of the collective interests of consumers or citizens independently of any actual loss or damage suffered by individual consumers or citizens. Injunction orders may require traders to take specific action, such as providing consumers or citizens with the information previously omitted in violation of legal obligations. Decisions establishing that a practice constitutes an infringement should not depend on whether the practice was committed intentionally or by negligence.
Amendment 104 #
2018/0089(COD)
Proposal for a directive
Recital 15
Recital 15
(15) The qualified entity initiating the representative action under this Directive should be a party to the proceedings. Consumers or citizens concerned by the infringement should have adequate opportunities to benefit from the relevant outcomes of the representative action. Injunction orders issued under this Directive should be without prejudice to individual actions brought by consumers or citizens harmed by the practice subject to the injunction order.
Amendment 108 #
2018/0089(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The compensation awarded to consumers or citizens harmed in a mass harm situation should not exceed the amount owed by the trader in accordance with the applicable national or Union Law in order to cover the actual harm suffered by them. In particular, punitive damages, leading to overcompensation in favour of the claimant party of the damage suffered, should be avoided.
Amendment 113 #
2018/0089(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Member States may require qualified entities to provide sufficient information to support a representative action for redress, including a description of the group of consumers or citizens concerned by an infringement and the questions of fact and law to be resolved within the representative action. The qualified entity should not be required to individually identify all consumers or citizens concerned by an infringement in order to initiate the action. In representative actions for redress the court or administrative authority should verify at the earliest possible stage of the proceedings whether the case is suitable for being brought as a representative action, given the nature of the infringement and characteristics of the damages suffered by consumers or citizens concerned.
Amendment 115 #
2018/0089(COD)
Proposal for a directive
Recital 19
Recital 19
Amendment 123 #
2018/0089(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Where consumers or citizens concerned by the same practice are identifiable and they suffered comparable harm in relation to a period of time or a purchase, such as in the case of long-term consumer contracts, the court or administrative authority may clearly define the group of consumers or citizens concerned by the infringement in the course of the representative action. In particular, the court or administrative authority could ask the infringing trader to provide relevant information, such as the identity of the consumers or citizens concerned and the duration of the practice. For expediency and efficiency reasons, in these cases Member States in accordance with their national laws could consider to provide consumers or citizens with the possibility to directly benefit from a redress order after it was issued without being required to give their individual mandate before the redress order is issued.
Amendment 132 #
2018/0089(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In low-value cases most consumers or citizens are unlikely to take action in order to enforce their rights because the efforts would outweigh the individual benefits. However, if the same practice concerns a number of consumers or citizens, the aggregated loss may be significant. In such cases, a court or authority may consider that it is disproportionate to distribute the funds back to the consumers or citizens concerned, for example because it is too onerous or impracticable. Therefore the funds received as redress through representative actions would better serve the purposes of the protection of collective interests of consumers or citizens and should be directed to athis relevant public purpose, such as a consumer or citizens legal aid fund, awareness campaigns or consumer movements.
Amendment 137 #
2018/0089(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Measures aimed at eliminating the continuing effects of the infringement may be sought only on the basis of a final decision, establishingfor an infringement of Union law covered by the scope of this Directive harming collective interest of consumers, including a final injunction order issued within the representative action. In particular or citizens. For example, measures eliminating the continuing effects of the infringement may be sought on the basis of final decisions of a court or administrative authority in the context of enforcement activities regulated by Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004. 32 _________________ 32 OJ L 345, 27.12.2017. OJ L 345, 27.12.2017.
Amendment 141 #
2018/0089(COD)
Proposal for a directive
Recital 24
Recital 24
(24) This Directive aims at a minimum harmonisation and does not replace existing national collective redress mechanisms. Taking into account their legal traditions, it leaves it to the discretion of the Member States whether to design the representative action set out by this Directive as a part of an existing or future collective redress mechanism or as an alternative to these mechanisms, insofar as the national mechanism complies with the modalities set by this Directive.
Amendment 147 #
2018/0089(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Collective out-of-court settlements aimed at providing redress to harmed consumers or citizens should be encouraged both before the representative action is brought and at any stage of the representative action. This possibility should under no circumstances jeopardize the right to access to justice.
Amendment 150 #
2018/0089(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Member States may provide that a qualified entity and a trader who have reached a settlement regarding redress for consumers or citizens affected by an allegedly illegal practice of that trader can jointly request a court or administrative authority to approve it. Such request should be admitted by the court or administrative authority only if there is no other ongoing representative action regarding the same practice. A competent court or administrative authority approving such collective settlement must take into consideration the interests and rights of all parties concerned, including individual consumers. Individual consumers or citizens concerned shall be given the possibility to accept or to refuse to be bound by such a settlement.
Amendment 154 #
2018/0089(COD)
Proposal for a directive
Recital 28
Recital 28
(28) The court and administrative authority should have the power to invite the infringing trader and the qualified entity which brought the representative action to enter into negotiations aimed at reaching a settlement on redress to be provided to consumers or citizens concerned. The decision of whether to invite the parties to settle a dispute out-of- court should take into account the type of the infringement to which the action relates, the characteristics of the consumers or citizens concerned, the possible type of redress to be offered, the willingness of the parties to settle and the expediency of the procedure.
Amendment 157 #
2018/0089(COD)
Proposal for a directive
Recital 29
Recital 29
(29) In order to facilitate redress for individual consumers or citizens sought on the basis of final declaratory decisions regarding the liability of the trader towards the consumers harmed by an infringement issued within representative actions, the court or administrative authority that issued the decision should be empowered to request the qualified entity and the trader to reach a collective settlement.
Amendment 159 #
2018/0089(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Any out-of-court settlement reached within the context of a representative action or based on a final declaratory decision should be approved by the relevant court or the administrative authority to ensure its legality and fairness, taking into consideration the interests and rights of all parties concerned. Individual consumers or citizens concerned shall be given the possibility to accept or to refuse to be bound by such a settlement.
Amendment 164 #
2018/0089(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Ensuring that consumers or citizens are informed about a representative action is crucial for its success. Consumers or citizens should be informed of ongoing representative action, the fact that a trader's practice has been considered as a breach of law, their rights following the establishment of an infringement and any subsequent steps to be taken by consumers or citizens concerned, particularly for obtaining redress. The reputational risks associated with spreading information about the infringement are also important for deterring traders infringing consumer or citizens’ rights.
Amendment 166 #
2018/0089(COD)
Proposal for a directive
Recital 32
Recital 32
(32) To be effective, the information should be adequate and proportional to the circumstances of the case. The infringing trader should adequately inform all consumers or citizens concerned of a final injunction and redress orders issued within the representative action as well as of a settlement approved by a court or administrative authority. Such information may be provided for instance on the trader's website, social media, online market places, or in popular newspapers, including those distributed exclusively by electronic means of communication. If possible, consumers or citizens should be informed individually through electronic or paper letters. This information should be provided in accessible formats for persons with disabilities upon request.
Amendment 175 #
2018/0089(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Actions for redress based on the establishment of an infringement by a final injunction order or by a final declaratory decision regarding the liability of the trader towards the harmed consumers or citizens under this Directive should not be hindered by national rules on limitation periods. The submission of a representative action shall have the effect of suspending or interrupting the limitation periods for any redress actions for the consumers concerned by this action.
Amendment 180 #
2018/0089(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Evidence is an important element for establishing whether a given practice constitutes an infringement of law, whether there is a risk of its repetition, for determining the consumers or citizens concerned by an infringement, deciding on redress and adequately informing consumers or citizens concerned by a representative action about the ongoing proceedings and its final outcomes. However, business-to-consumer or business-to-citizens relationships are characterised by information asymmetry and the necessary information may be held exclusively by the trader, making it inaccessible to the qualified entity. Qualified entities should therefore be afforded the right to request to the competent court or administrative authority the disclosure by the trader of evidence relevant to their claim or needed for adequately informing consumers or citizens concerned about the representative action, without it being necessary for them to specify individual items of evidence. The need, scope and proportionality of such disclosure should be carefully assessed by the court or administrative authority overseeing the representative action having regard to the protection of legitimate interests of third parties and subject to the applicable Union and national rules on confidentiality.
Amendment 184 #
2018/0089(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Having regard to the fact that representative actions pursue a public interest by protecting the collective interests of consumers or citizens, Member States should ensure that qualified entities are not prevented from bringing representative actions under this Directive because of the costs involved with the procedures.
Amendment 191 #
2018/0089(COD)
Proposal for a directive
Recital 41
Recital 41
(41) In order to effectively tackle infringements with cross-border implications the mutual recognition of the legal standing of qualified entities designated in advance in one Member State to seek representative action in another Member State should be ensured. Furthermore, qualified entities from different Member States should be able to join forces within a single representative action in front of a single forum, subject to relevant rules on competent jurisdiction. For reasons of efficiency and effectiveness, one qualified entity should be able to bring a representative action in the name of other qualified entities representing consumers or citizens from different Member States.
Amendment 196 #
2018/0089(COD)
Proposal for a directive
Recital 44
Recital 44
(44) The objectives of this Directive, namely establishing a representative action mechanism for the protection of the collective interests of consumers or citizens in order to ensure a high level of consumer or citizens protection across the Union and the proper functioning of the internal market, cannot be sufficiently achieved by actions taken exclusively by Member States, but can rather, due to cross-border implications of representative actions, be better achieved at Union level. The Union may therefore adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
Amendment 202 #
2018/0089(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests of consumers or citizens, while ensuring appropriate safeguards to avoid abusive litigation.
Amendment 208 #
2018/0089(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shallaims at minimum harmonisation and shall therefore not prevent Member States from adopting or maintaining in force provisions designed to grant qualified entities or any other persons concerned other procedural means to bring actions aimed at the protection of the collective interests of consumers or citizens at national level.
Amendment 212 #
2018/0089(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to representative actions brought against infringements by traders of provisions of the Union law including those listed in Annex I that harm or may harm the collective interests of consumers or citizens. Such interests may consist in, but are not limited to, the enforcement of rules of consumer protection, competition, environment protection, protection of personal data, protection in energy and telecommunications markets, passenger rights, product and food safety and information, health and medical services, financial services and investor protection. It shall apply to domestic and cross-border infringements, including where those infringements have ceased before the representative action has started or before the representative action has been concluded.
Amendment 220 #
2018/0089(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall not affect rules establishing contractual and non- contractual remedies available to consumers or citizens for such infringements under Union or national law.
Amendment 226 #
2018/0089(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
(1a) ‘citizen’ means any natural person holding the nationality of a Member State or habitually residing in a Member State in which the person concerned has the habitual centre of his interests.
Amendment 233 #
2018/0089(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘collective interests of consumers’ means the interests of a number oftwo or more consumers;
Amendment 235 #
2018/0089(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
(3a) ‘collective interests of citizens’ means the interests of two or more citizens;
Amendment 239 #
2018/0089(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘representative action’ means an action for the protection of the collective interests of consumers or citizens to which the consumers or citizens concerned are not parties;
Amendment 265 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
(ca) it has an organisational structure ensuring its independence from other entities or persons other than consumers or citizens who might have an interest in the outcome of the representative actions.
Amendment 272 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point c b (new)
Article 4 – paragraph 1 – subparagraph 2 – point c b (new)
(cb) it discloses publicly by any appropriate means, in particular on its website, in plain, intelligible language the information on the way it is financed, its organisational and management structure, its remuneration policy, its policy to promote gender balance, its objective and its working methods as well as its activities.
Amendment 290 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that in particular consumer organisations, environmental organisations, human rights organisations and independent public bodies are eligible for the status of qualified entity. Member States may designate as qualified entities consumer organisations, environmental organisations and human rights organisations that represent members from more than one Member State.
Amendment 300 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States may set out rules specifying which qualified entities may seek all of the measures referred to in Articles 5 and 6, and which qualified entities may seek only one or more of these measures. Member State shall ensure that a sufficient number of qualified entities can seek all measures referred to in article 5 and article 6.
Amendment 304 #
2018/0089(COD)
Proposal for a directive
Article 5 – title
Article 5 – title
Representative actions for the protection of the collective interests of consumers or citizens
Amendment 321 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that qualified entities are entitled to bring representative actions seeking redress measures eliminating the continuing effects of the infringement. These measures shall be sought on the basis of any final decision establishing that a practice constitutes an infringement of Union law listed in Annex I harming collective interests of consumers, including a final injunction order referred to in paragraph (2)(b).
Amendment 327 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 334 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order for the economic and non-economic damage, which obligates the trader to provide for, inter alia, compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate. A Member State may require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issued. or citizens concerned. If a Member State does not require a mandate of the individual consumer to join the representative action, this Member State shall nevertheless allow those individuals who are not habitually resident in the Member State where the action occurs, to participate in the representative action, in case they expressed their willingness to be part of the representative action within the applicable time limit.
Amendment 350 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 359 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 372 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. In cases where consumers or citizens have suffered a small amount of loss and it would be disproportionate to distribute the redress to them, Member States shall ensure that the mandate of the individual consumers or citizens concerned is not required. The redress shall be directed to a public interest serving the collective interests of consumers or citizens. The same shall apply to any unclaimed or leftover funds.
Amendment 383 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The qualified entity seeking a redress order as referred in Article 6(1) shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action. It shall demonstrate that it has sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail.
Amendment 393 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. The unsuccessful party shall bear the costs of the proceedings. However, the court or tribunal shall not award costs to the unsuccessful party to the extent that they were unnecessarily incurred or are disproportionate to the claim.
Amendment 396 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States shall ensure that in cases where a representative action for redress is funded by a third party, transparency as to the origin of the funds is established and that it is prohibited for the third party:
Amendment 407 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall ensure that courts and administrative authorities are empowered to assessssess the absence of conflict of interest and the circumstances referred to in paragraph 2 and accordingly require the qualified entity to refuse the relevant funding and, if necessary, reject the standing of the qualified entity in a specific case.
Amendment 426 #
2018/0089(COD)
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
6. IWithout prejudice to the right to access to justice, individual consumers or citizens concerned shall be given the possibility to accept or to refuse to be bound by settlements referred to in paragraphs 1, 2 and 3. The redress obtained through an approved settlement in accordance with paragraph 4 shall be without prejudice to any additional rights to redress that the consumers concerned may have under Union or national law.
Amendment 436 #
2018/0089(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumers or citizens at its expense about the final decisions providing for measures referred to in Articles 5 and 6, and the approved settlements referred to in Article 8, by means appropriate to the circumstance of the case and within specified time limits, including, where appropriate, through notifying all consumers concerned individually.
Amendment 438 #
2018/0089(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Paragraph 1 does not prevent qualified entities from informing the individual consumers or citizens concerned already on beforehand in order to ensure that the relevant documents and other information necessary for the action are kept.
Amendment 441 #
2018/0089(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The information referred to in paragraph 1 shall include in intelligible language an explanation of the subject- matter of the representative action, its legal consequences and, if relevant, the subsequent steps to be taken by the consumers concernedor citizens concerned. The information note, as well as the time frame to inform, has to be approved by the judge or by the authority overseeing the case.
Amendment 447 #
2018/0089(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that an infringement harming collective interests of consumers or citizens established in a final decision of an administrative authority or a court, including a final injunction order referred to in Article 5(2)(b), is deemed as irrefutably establishing the existence of that infringement for the purposes of any other actions seeking redress before their national courts against the same trader for the same infringement.
Amendment 450 #
2018/0089(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 474 #
2018/0089(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall take the necessary measures to facilitate access to justice and shall ensure that procedural costs related to representative actions do not constitute financial obstacles for qualified entities to effectively exercise the right to seek the measures referred to in Articles 5 and 6, such asin particular limiting applicable court or administrative fees, granting them access to legal aid where necessary, or by providing them with public funding for this purpose.
Amendment 491 #
2018/0089(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 537 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a (new)
Annex I – point 59 a (new)
(59a) Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety.
Amendment 539 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 b (new)
Annex I – point 59 b (new)
(59b) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.
Amendment 541 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 c (new)
Annex I – point 59 c (new)
(59c) Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC.
Amendment 543 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 d (new)
Annex I – point 59 d (new)
(59d) Regulation (EC) 1924/2006 of 20 December 2006 on nutrition and health claims made on foods.
Amendment 545 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 e (new)
Annex I – point 59 e (new)
(59e) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC.
Amendment 547 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 f (new)
Annex I – point 59 f (new)
(59f) Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC
Amendment 549 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 g (new)
Annex I – point 59 g (new)
(59g) Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles.
Amendment 551 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 h (new)
Annex I – point 59 h (new)
(59h) Council Regulation (EEC) No 2136/89 of 21 June 1989 laying down common marketing standards for preserved sardines and trade descriptions for preserved sardines and sardine-type products
Amendment 553 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 i (new)
Annex I – point 59 i (new)
(59i) Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers.
Amendment 555 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 j (new)
Annex I – point 59 j (new)
(59j) Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products
Amendment 557 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 k (new)
Annex I – point 59 k (new)
(59k) Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC.
Amendment 559 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 l (new)
Annex I – point 59 l (new)
(59l) Council Regulation (EEC) No 1536/92 of 9 June 1992 laying down common marketing standards for preserved tuna and bonito.
Amendment 561 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 m (new)
Annex I – point 59 m (new)
(59m) Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food.
Amendment 563 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 n (new)
Annex I – point 59 n (new)
(59n) European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste.
Amendment 565 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 o (new)
Annex I – point 59 o (new)
(59o) Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed.
Amendment 567 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 p (new)
Annex I – point 59 p (new)
(59p) Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers.
Amendment 569 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 q (new)
Annex I – point 59 q (new)
(59q) Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents
Amendment 571 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 r (new)
Annex I – point 59 r (new)
(59r) Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC
Amendment 573 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 s (new)
Annex I – point 59 s (new)
(59s) Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin
Amendment 575 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 t (new)
Annex I – point 59 t (new)
(59t) Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives
Amendment 577 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 u (new)
Annex I – point 59 u (new)
(59u) Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys
Amendment 579 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 v (new)
Annex I – point 59 v (new)
(59v) Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity
Amendment 581 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 w (new)
Annex I – point 59 w (new)
(59w) Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005
Amendment 583 #
2018/0089(COD)
(59x) Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC
Amendment 585 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 y (new)
Annex I – point 59 y (new)
(59y) Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides
Amendment 587 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 z (new)
Annex I – point 59 z (new)
(59z) Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006
Amendment 589 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a a (new)
Annex I – point 59 a a (new)
(59aa) Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes
Amendment 591 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a b (new)
Annex I – point 59 a b (new)
(59ab) Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market
Amendment 593 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a c (new)
Annex I – point 59 a c (new)
(59ac) Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment
Amendment 595 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a d (new)
Annex I – point 59 a d (new)
(59ad) Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency
Amendment 597 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a e (new)
Annex I – point 59 a e (new)
(59ae) Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products
Amendment 599 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a f (new)
Annex I – point 59 a f (new)
(59af) Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC
Amendment 601 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a g (new)
Annex I – point 59 a g (new)
(59ag) Directive 2013/50/EU of the European Parliament and of the Council of 22 October 2013 amending Directive 2004/109/EC of the European Parliament and of the Council on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market, Directive 2003/71/EC of the European Parliament and of the Council on the prospectus to be published when securities are offered to the public or admitted to trading and Commission Directive 2007/14/EC laying down detailed rules for the implementation of certain provisions of Directive 2004/109/EC;
Amendment 603 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a h (new)
Annex I – point 59 a h (new)
(59ah) Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000
Amendment 605 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a i (new)
Annex I – point 59 a i (new)
(59ai) Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse
Amendment 607 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a j (new)
Annex I – point 59 a j (new)
(59aj) Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas
Amendment 609 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a k (new)
Annex I – point 59 a k (new)
(59ak) Directive 2000/43/EC against discrimination on grounds of race and ethnic origin.
Amendment 611 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a l (new)
Annex I – point 59 a l (new)
(59al) Directive 2000/78/EC against discrimination at work on grounds of religion or belief, disability, age or sexual orientation.
Amendment 613 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a m (new)
Annex I – point 59 a m (new)
(59am) Directive 2006/54/EC equal treatment for men and women in matters of employment and occupation.
Amendment 615 #
2018/0089(COD)
(59an) Directive 2004/113/EC equal treatment for men and women in the access to and supply of goods and services.
Amendment 617 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59 a o (new)
Annex I – point 59 a o (new)
(59ao) Directive Proposal [COM(2008)426] against discrimination based on age, disability, sexual orientation and religion or belief beyond the workplace.
Amendment 2 #
2017/2278(INI)
Motion for a resolution
Recital A
Recital A
A. whereas over 250 000 public authorities in the Union spend around 14 % of GDP, namely nearly 2,000 billion euros each year on the purchase of services, works and supplies;
Amendment 3 #
2017/2278(INI)
Motion for a resolution
Recital B
Recital B
B. whereas public procurement involves the spending of a considerable amount of taxpayers’ money, meaning that taxpayers expect this procurement to be carried out with transparency and integrity in the most efficient way, in terms of both costs and quality delivered, in order to provide quality goods and services to citizens;
Amendment 4 #
2017/2278(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the intelligent use of public procurement can address challenges such as climate change, resource scarcity, inequalities or ageing societies by supporting social policies, accelerating the transition to more sustainable supply chains and business models;
Amendment 5 #
2017/2278(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas public procurement is a strategic tool used to reach the EU’s goals of green and socially inclusive growth;
Amendment 7 #
2017/2278(INI)
Motion for a resolution
Recital C
Recital C
C. whereas public procurement may be a useful tool in the service of a stronger single market, social inclusion, the fight against social and environmental dumping, and for the growth of EU companies and jobs in the Union;
Amendment 17 #
2017/2278(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the European Union is committed to the United Nations Sustainable Development Goals (SDGs);
Amendment 18 #
2017/2278(INI)
Motion for a resolution
Recital H
Recital H
H. whereas it is of crucial importance that suppliers trust that the Union’s public procurement systems offer simple and accessible, digital procedures, full transparency, integrity and security of data;
Amendment 27 #
2017/2278(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is deeply disappointed by the pace at which many Member States have transposed the 2014 directives in the area of public procurement, and by the many delays, and regrets the fact that the Commission had to initiate the infringement procedure for a small number of Member States;
Amendment 31 #
2017/2278(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to finalise swiftly the Guidance on Public Procurement of Innovation and the Guide on socially responsible public procurement, in order to facilitate the implementation of the respective legal provisions in the Member States and especially the use of the most economically advantageous tender as the main award criterion; in this regard, calls on the Commission to clarify that this does not mean the lowest price;
Amendment 36 #
2017/2278(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Asks the Commission to better organise the guides and other tools developed to help Member States with the implementation of the public procurement framework, in a more accessible and user- friendly way that offers a good overview to practitioners, while also paying attention to the languages available;
Amendment 38 #
2017/2278(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to propose compulsory green public procurement procedures; considers that goods as services, reused, repaired, remanufactured, refurbished and other sustainable and resource-efficient products and solutions are to be preferred in all public procurement, and if they are not preferred, the ‘comply or explain’ principle should apply;
Amendment 45 #
2017/2278(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls for the extensive use of innovative procurement to implement green and socially inclusive growth;
Amendment 47 #
2017/2278(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to use public procurement strategically in order to promote a sustainable, circular and socially responsible economy, as well as employment, innovation, SME and social economy enterprises growth and competition; underlines that this requires Member States to systematically signal such policies at the highest level and support, to this end, procurers and practitioners in the public administration;
Amendment 58 #
2017/2278(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on regional and local authorities to establish a procurement strategy which defines how the procurement plans of the authority, within a timeframe of the upcoming five years, will support the strategic goal of green and socially inclusive growth; calls upon Union institutions, Member States and central and local government authorities to ensure that contracting authorities have a comprehensive procurement strategy in place and it is carried out at the level of each procurement entity; as part of this process public hearings and consultations with the end users of products and services should be arranged;
Amendment 65 #
2017/2278(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. While acknowledging that in some cases the low price reflects innovative solutions and efficient management, is Is concerned about the excessive use of the lowest price as an award criterion in a number of Member States and that no special attention is paid to quality, sustainability, social inclusion or innovation; therefore calls on the Commission and the Member States to analyse the reason behind this situation; and stresses the need to apply the criterion of the most economically advantageous tender as the main criterion of reference;
Amendment 73 #
2017/2278(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on Member States to ensure that public procurement practices are in line with the Convention on the Rights of Persons with Disabilities and that persons with disabilities are consulted on all procurement processes and decisions that impact them or are done to procure services for them; calls on Member States to ensure that the judicial remedy of persons with disabilities is guaranteed in public procurement processes that directly impact them;
Amendment 75 #
2017/2278(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls for the adoption of a European Code of Ethics for Public Procurement for the various actors in the procurement process, in particular to ensure compliance with social and environmental standards;
Amendment 77 #
2017/2278(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Calls on the Member States to ensure that the provision of services of general interest, such as, services for children, the elderly and disabled persons are without exceptions excluded from public procurement processes which use only the lowest price as an award criterion;
Amendment 78 #
2017/2278(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Underlines the importance of establishing a transparent dialogue with civil society, including trade unions and representatives of disabled people, with the aim of creating better analytical tools to develop policies that correspond to the real needs of society;
Amendment 87 #
2017/2278(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recalls that the Union public procurement legislative framework obliges Member States to ensure that contractors and subcontractors fully comply with the environmental, social and labour law provisions which apply at the place where the works are executed, services provided or goods produced or supplied, as set out in the applicable international conventions, in Union and national law as well as in collective agreements concluded in accordance with national law and practices; calls on the Commission to guarantee that this obligation is fulfilled by Member States in the transposition and application of the 2014 directives and to facilitate the exchange of best practices in this area;
Amendment 88 #
2017/2278(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to develop and adopt into use common Life Cycle indicators relating to the life cycle of a product or works or the provision of a service, measuring all aspects relating to environmental protection, working conditions, labour rights, equality, social inclusion, human rights, impacts on adjacent communities, and ethical trade; calls on the adoption of these indicators to guide choices made in the production or other non-use phases of the life cycle of the product, even if such characteristics are not apparent in the physical characteristics or functional qualities of the resulting product or service;
Amendment 90 #
2017/2278(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Regrets that the Member States underuse the possibilities offered by public procurement to adopt social criteria and measures as strategic instruments to promote sustainable social policy objectives;
Amendment 91 #
2017/2278(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Calls on Member States to introduce systems of joint and several liability for the subcontracting chains in public procurements; asks the Commission to propose the introduction of such a system in the European Union public procurement legislative framework, at least with regard to the compliance of contractors and subcontractors with environmental, social and labour law provisions;
Amendment 102 #
2017/2278(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the voluntary ex-ante assessment of procurement aspects for large infrastructure projects, as proposed by the Commission, and calls on the latter to focus on the operation of the helpdesk as a priority, while fully respecting confidentiality; suggests that awarding a label of attestation of conformity to the contracting authority would make this voluntary ex ante evaluation more attractive;
Amendment 108 #
2017/2278(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission and the Member States to do their utmost to put in place the eForms by the end of 2018 at the latest;
Amendment 110 #
2017/2278(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Agrees with the Commission that publicly available contract registers can be a cost-efficient tool for managing contracts, for improving transparency, integrity and data, and for better governance of public procurement;
Amendment 112 #
2017/2278(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 114 #
2017/2278(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Emphasises that all Member States should be in a position to provide all necessary data on public procurement implementation, including data on tenders, procedures and contracts and statistical information, also in order to enable the Commission to assess the single market on procurement;
Amendment 121 #
2017/2278(INI)
27. Regrets that SMEs and social economy enterprises are still facing difficulties in accessing public procurement, and calls on the Commission to assess the effectiveness of the measures provided by the 2014 directives and to come forward with new solutions if necessary;
Amendment 140 #
2017/2278(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Welcomes the Commission’s recommendations on professionalisation and calls on the Member States to develop national plans as a priority; stresses the need to clearly recognise new qualifications acquired by creating a common European framework of technical and computer skills;
Amendment 141 #
2017/2278(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Underlines that both procurers and suppliers need to be adequately trained especially in the use of social and environmental criteria, in order to work efficiently at all procurement stages, and that attention must be given to all levels of public administration as regards professionalisation;
Amendment 1 #
2017/2085(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises that improving road safety in the EU begins with ensuring that existing and future provisions can be implemented and checked effectivelyTakes note that 25.500 people died in 2016 on European roads and a further 135,000 were seriously injured, causing a devastating human suffering but also economic costs; recognises that improving road safety in the EU is of utmost importance to reduce the amount of fatalities and serious injuries and begins with ensuring that existing and future provisions can be implemented and checked effectively; therefore welcomes the list of safety technologies published by the Commission for inclusion in the next revision of the rules; calls on the Commission to come up with an ambitious proposal of the General Safety Regulation and Pedestrian Protection Regulation within the next six months; calls, in that regard, for increased best practice sharing and independent and peer reviews of type approval and technical services in the Union; calls, in addition, for greater and more independent post-market surveillance of vehicles on roads across the Union to ensure that they continue to conform to safety criteria;
Amendment 12 #
2017/2085(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that when non- conformities are identified, European consumers should be able to count on rapid, appropriate and coordinated corrective measures, including Union-wide vehicle recall where necessary; stresses, further, that jointly with the vehicle recall, consumers being harmed by non- conformity of type approval should be adequately compensated by financial means, and that recall programmes only should not be seen as an appropriate measure of compensation in general; considers that by withdrawal of the type approval due to noncompliance or nonconformity, the owner of the affected vehicle should have the right of full reimbursement of the manufacturer for the damage caused by the purchase of this vehicle;
Amendment 27 #
2017/2085(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the improvements that market-led technological developments have already brought to Union road safety, and encourages the continued exploration of the opportunities the digital revolution offers in that regard; reminds regarding the digital revolution and the rising importance of automated and connected driving, the protection of the consumer´s data in the vehicle should have the highest possible standards and where the data processing and forwarding is not mandatory for the safe functioning of the vehicle, consumers must be able to stop the data transfer to the vehicle manufacturer easily; calls for continuing research and the development of new standards in autonomous emergency braking, lane keeping assistance and reverse detection technologies for motor vehicles, high vision cabins and front-end blind spot cameras and detection for HGVs.; calls for a better and a more effective collection and exchange of information and data between all stakeholders regarding the research of the real cause of the accidents;
Amendment 6 #
2017/2073(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. Whereas the EU framework should address disproportionate barriers while fully preserving the protection of public interest objectives, such as consumer protection, thus ensuring high quality of the service provided;
Amendment 14 #
2017/2073(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. Whereas not all the provisions of the Directive, and in particular Article 59, have been fully implemented yet by the Member States even after the passing of the deadline;
Amendment 16 #
2017/2073(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. Whereas professional mobility combined with a high level of protection of public interest objectives can significantly contribute to sustainable economic growth in the EU;
Amendment 19 #
2017/2073(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that regulated professions play a fundamental role in the EU economy, representing a significant part of the occupation rate as well as an important share of the added value in the Union; believes, furthermore, that the quality of professional services is of paramount importance for preserving the EU economic, social and cultural model and to strengthen the competitiveness of the EU;
Amendment 41 #
2017/2073(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Acknowledges the improvements to the database of regulated professions made by the Commission, including the creation of an interactive map, allowing citizens to check the professional access requirements across the EU and to visualise more easily which profession is regulated in a given Member State; calls on the Commission to further improve the database for regulated professions, in order to facilitate timely and accurate notification of the information by competent authorities and thus enhance transparency for EU citizens;
Amendment 42 #
2017/2073(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Takes note of the divergences across Member States, as to the number of regulated professions and scope of activities, covered by similar professions, which explains the different ways to regulate professions, chosen by each Member State; considers that even though the ISCO and the NACE classifications constitute useful tools, the EU should develop its own classification, based on the notified activities by the Member States; calls on the Commission to improve the comparability of different professions and to define a common set of activities for each profession notified in the database with a view to facilitate voluntary harmonisation across the EU;
Amendment 49 #
2017/2073(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Acknowledges that some Member States did not consult the relevant stakeholders in an appropriate manner while preparing the NAPs; believes that a transparent flow of information between public institutions and stakeholders is necessary to effectively address issues and challenges affecting professions; calls for a broader involvement of all interested parties in the future;
Amendment 55 #
2017/2073(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Member States to involve all interested parties and carry out broader public consultations not only in view of preparing NAPs but also before reforming regulation of professions, in order to allow citizens, consumers and professionals to express their views;
Amendment 82 #
2017/2073(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Points out that better comparability of the level of professional qualifications is needed in order to increase the homogeneity of the evidence of formal qualifications across the European Union and to create a level playing field for young Europeans entering the professions, as well as promote their mobility across the EU;
Amendment 86 #
2017/2073(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Points out that the Panama Papers and other recent scandals have revealed the role of European enablers and intermediaries, including lawyers, accountants, wealth managers and other professionals, in setting up offshore structures facilitating tax avoidance and evasion and money laundering; underlines the necessity to better regulate these actors at European and national level in order to effectively tackle these phenomena;
Amendment 90 #
2017/2073(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls for a shift in the regulatory framework for intermediaries and enablers advising on tax matters, including clear regulation, appropriate public supervision, effective sanctions and compulsory codes of conducts at EU level; calls on the European Commission to ensure that actors advising on tax matters are adequately regulated and to propose harmonised rules in this area, creating an EU framework regulating all professionals advising on tax matters;
Amendment 104 #
2017/2073(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Besides an effective regulatory framework in the EU and in the Member States, highlights the need for effective and coordinated policies to support professionals in the EU and to strengthen the competitiveness, the innovation capacity and the quality of professional services in the EU;
Amendment 117 #
2017/2073(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Calls on the Commission to continue keeping the Parliament regularly informed on the state of play in relation of the compliance with the Directive by the Member States;
Amendment 50 #
2017/2003(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Agrees that the collaborative economy could also generate new entrepreneurial opportunities, jobs and growth, and could play an important role in making the economic system not only more efficient, but also socially and environmentally sustainable, thus enhancing economic growth, social welfare and environmental protection, and contribute to the transition towards a circular economy;
Amendment 101 #
2017/2003(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Underlines the importance of tackling challenges that arise when European customers are using online platforms headquartered outside the EU, in non-European cultural and regulatory contexts, with particular regard to data protection, liability of the platforms, taxation and employment law;
Amendment 122 #
2017/2003(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Stresses the importance of ultra high-speed fixed and wireless networks as a precondition to develop the full potential of the collaborative economy and to reap the benefits offered by the collaborative model; recalls, thus, the necessity to ensure an adequate network access for all citizens in the EU, especially in those areas where sufficient connectivity is not yet available;
Amendment 185 #
2017/2003(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Emphasises that, in many cases, due to persisting asymmetric information or lack of choice, rules for protecting consumers are still needed in the collaborative economy, especially due to persisting asymmetricregarding the information and transparency duties of the parties involved; highlights that transparency is essential inf ormation or lack of choiceder to protect consumers and develop trust in the collaborative economy;
Amendment 189 #
2017/2003(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Underlines the importance to guarantee adequate information to consumers about the applicable legal regime of each transaction, the criteria used to determine the professional or non- professional nature of the transaction and consequent rights and legal obligations;
Amendment 293 #
2017/2003(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Emphasises that the digital revolution is having a profound impact on the labour market and that emerging trends in the collaborative economy are part of a broader tendency within the overall digitalisation of the society; underlines the risks of unclear employment relations, unfair working conditions and non compliance with worker's rights;
Amendment 298 #
2017/2003(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31 a. At the same time, notes that the collaborative economy is opening new opportunities and new, flexible routes into work for all users - including prosumers - thriving innovation and entrepreneurship in Europe;
Amendment 305 #
2017/2003(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Underlines the paramount importance of safeguarding workers’ rights in collaborative services, - first and foremost the worker`s right to organise, take collective action and negotiate collective agreements - of avoiding social dumping, and of guaranteeing fair working conditions and adequate social protection;
Amendment 317 #
2017/2003(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. Stresses that there is a strong need to fully clarify the working relationship between workers and collaborative platforms; calls on the Commission and the Member States to guarantee a level playing field between digital and traditional economies also from the labour market and workers' right perspective, avoiding thus the risk of applying different rules to comparable situations and unfair competition;
Amendment 323 #
2017/2003(INI)
Motion for a resolution
Paragraph 33 b (new)
Paragraph 33 b (new)
33 b. Recalls that all workers in the collaborative economy are either employed (employees) or self-employed and that all work in the collaborative economy should be classified accordingly, avoiding the creation of new hybrid categories for workers in the collaborative economy; regardless of the status classification, calls the Commission and Member States to assess the possibility to extend traditional protections of employment law and social security protections established at national level to workers in the collaborative economy;
Amendment 325 #
2017/2003(INI)
Motion for a resolution
Paragraph 33 c (new)
Paragraph 33 c (new)
33 c. Due to the rising number of self- employed workers in the collaborative economy, urges the Commission to re- examine the existing EU competition laws, which are now hampering the right to organise for those workers treated as independent contractors, in order to guarantee the fundamental right to organise, undertake collective actions and negotiate collectively, including with regard to their compensation;
Amendment 327 #
2017/2003(INI)
Motion for a resolution
Paragraph 33 d (new)
Paragraph 33 d (new)
33 d. Underlines the importance to ensure the portability of ratings and reviews for collaborative platforms workers and to guarantee the transferability and accumulation of ratings and reviews across different platforms while respecting rules on data protection and the privacy of other parties involved;
Amendment 328 #
2017/2003(INI)
Motion for a resolution
Paragraph 33 e (new)
Paragraph 33 e (new)
33 e. Stresses the importance of up to date skills in the changing employment world to ensure that all workers could have adequate skills, as required in the digital economy; encourages the Commission, Member States and collaborative economy businesses to enable life-long learning training and skills development;
Amendment 329 #
2017/2003(INI)
Motion for a resolution
Paragraph 33 f (new)
Paragraph 33 f (new)
33 f. Draws attention to the lack of data relating to changes in the employment world brought by the collaborative economy and underlines the importance of closely monitoring working conditions in the collaborative economy in order to combat illegalities; furthermore, encourages each Member States to appoint a national competent entity as responsible for controlling and evaluating emerging trends in the collaborative economy's labour market, taking necessary actions in case of illegalities, and informing other relevant authorities; asks Member States to periodically provide to the European Commission with data and information about jobs and working conditions in the collaborative economy;
Amendment 349 #
2017/2003(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36 a. Supports the establishment of a "Forum", involving the CoR and all the relevant EU institutions, cities and other local institutions, organisations, networks active in the local, regional, rural and inner peripheric dimension of the collaborative economy to share experiences and exchange good practices, strengthen the local dimension of the collaborative economy and liaise with the relevant thematic partnerships of the Urban Agenda for the EU ;
Amendment 362 #
2017/2003(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39 a. Encourages the Commission to support initiatives and actions to favour more research and fact-finding on the development and the impact of the collaborative economy in Europe; in particular, welcomes the recently adopted pilot project on the collaborative economy, aimed at helping European SMEs and social enterprises with high- growth potential to use and benefit from all the possibilities and potential provided by the collaborative economy business model;
Amendment 366 #
2017/2003(INI)
Motion for a resolution
Paragraph 39 d (new)
Paragraph 39 d (new)
39 d. At the same time, asks the Commission to monitor the effects and the impact of the development and diffusion of these digital technologies in the collaborative economy business model; welcomes the Commission's initiative to ensure the adequacy of consumer law within this activities and draws the attention to ensure adequate consumer protection even with regard to peers to peers Blockchains and DLTs transactions;
Amendment 47 #
2017/0354(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The concept of overriding reasons of public interest is an evolving concept developed by the Court of Justice in its case-law in relation to Articles 34 and 36 of the Treaty. This concept covers, inter alia, the effectiveness of fiscal supervision, the fairness of commercial transactions, protection of consumers, protection of the environment, the maintenance of press diversity and the risk of seriously undermining the financial balance of the social security systemthe preserving the financial equilibrium of the social security system, the protection of consumers, recipients of services and workers, the safeguarding of the proper administration of justice, fairness of trade transactions, the combating of fraud and the prevention of tax evasion and avoidance, as well as the safe guarding of the effectiveness of fiscal supervision; road transport safety, the guaranteeing of the quality of craft work, the promotion of research and development; the protection of the environment and the urban environment, the health of animals; intellectual property and the safeguarding and conservation of the national historic and artistic heritage, social policy objectives and cultural policy objectives. Such overriding reasons, where legitimate differences exist from one Member State to another, may justify the application of national rules by the competent authorities. However, such decisions need to be duly justified, and the principle of proportionality must always be respected, regard being had to whether the competent authority has in fact made the least restrictive decision possibl. The principle means that decisions need to be legitimate, appropriate, and do not go beyond what is necessary to achieve its objective. Furthermore, administrative decisions restricting or denying market access in respect of goods lawfully marketed in another Member State must not be based on the mere fact that the goods under assessment fulfil the legitimate public objective pursued by the Member State in a different way from the way that domestic goods in that Member State fulfil that objective.
Amendment 64 #
2017/0354(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The evidence required to demonstrate that goods are lawfully marketed in another Member State varies significantly from Member State to Member State. This causes unnecessary burdens delays and additional costs for economic operators, while preventing national authorities from obtaining the information necessary for assessing the goods in a timely manner. This may inhibit application of the mutual recognition principle. It is therefore essential to make it easier for economic operators to demonstrate that their goods are lawfully marketed in another Member State. Economic operators should be able to benefit from a process of self-declaration, which should provide competent authorities with all necessary information on the goods and on their compliance with the rules applicable in that other Member State. The use of the declaration does not prevent national authorities from taking a decision restricting market access, on the condition that such a decision is proportionate and respects the mutual recognition principle and this Regulation.
Amendment 69 #
2017/0354(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) It is important to ensure that the mutual recognition declaration is filled in truthfully and accurately. It is therefore necessary to provide for economic operators to be responsible for the information contained in the declaration. Fraudulent declarations should be prosecuted in accordance with national laws.
Amendment 76 #
2017/0354(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Where producers decide not to make use of the mutual recognition declaration mechanism, it should be for the Member State to request the information that it considers necessary for the assessment of the goods, taking due account of the principle of proportionality. The use of the declaration does not prevent national authorities from taking a decision restricting the access to market in accordance with European law.
Amendment 85 #
2017/0354(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) While a competent authority is assessing goods before deciding whether or not it should deny or restrict market access, it should not be able to take decisions suspending market access, except where rapid intervention is required to prevent harm to safety and health of users or to prevent the goods being made available where the making available of such goods is generally prohibited on grounds of an overriding reason of general interest such as public morality or public security, including for example the prevention of crime.
Amendment 97 #
2017/0354(COD)
(34) However, where the SOLVIT's informal approach fails, and serious doubts remain regarding the compatibility of the administrative decision with the mutual recognition principle the Commission should be empowered to look into the matter and provide an assessment to be taken into account by the competent national authorities at the request of the SOLVIT centre. The Commission's intervention should be subject to a reasonable time-limit, in compliance with the European Code of Good Administrative Behaviour and compatible with the short deadlines of the SOLVIT system.
Amendment 103 #
2017/0354(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Cooperation between competent authorities is essential for the smooth functioning of the mutual recognition principle and for creating a mutual recognition culture. Product Contact Points and national competent authorities should therefore be required to cooperate and exchange information and expertise in order to ensure a correct and consistent application of the principle and of this Regulation. The Union should finance activities aiming at enhancing this cooperation between competent authorities such as trainings and exchanges of good practices.
Amendment 123 #
2017/0354(COD)
Proposal for a regulation
Article 4 – title
Article 4 – title
4 Mutual recognition declaraLawful marketing declaration regarding mutual recognition
Amendment 141 #
2017/0354(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Economic operators shall be responsible for the content and accuracy of the information that they themselves provide in the mutual recognition declarationlawful marketing declaration regarding mutual recognition. Fraudulent declarations shall be prosecuted in accordance with national laws.
Amendment 151 #
2017/0354(COD)
Proposal for a regulation
Article 4 – paragraph 7 – point a
Article 4 – paragraph 7 – point a
(a) the declaration, together with any evidence reasonably required by the competent authority to verify the information contained in it and the characteristics of the goods or type of goods, shall be accepted by the competent authority as sufficient to demonstrate that the goods are lawfully marketed in another Member State; and
Amendment 175 #
2017/0354(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Where a competent authority of a Member State has doubts as regards goods which the economic operator claims are lawfully marketed in another Member State, the competent authority shall contact the relevant economic operator without delay and shall carry out an assessment the goods. The purpose of the assessment is to establish whether the goods or that type of goods are lawfully marketed in another Member State and, if so, whether the goods or that type of goods ensure at least an equivalent level of protection of the public interest covered by applicable national technical regulation of the Member State of destination.
Amendment 192 #
2017/0354(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point e
Article 5 – paragraph 5 – point e
Amendment 209 #
2017/0354(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the making available of the goods, or goods of that type, on the domestic market in that Member State is generally prohibited in that Member State on grounds ofan overriding reason of general interest such as public morality or public security.
Amendment 254 #
2017/0354(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c a (new)
Article 12 – paragraph 1 – point c a (new)
(ca) exchange of good practices ;
Amendment 259 #
2017/0354(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 3
Annex I – paragraph 1 – point 3
3. Description of the goods or type of goods subject of the declaration and their characteristics: [Note: the description should be sufficient to enable the goods to be identified for traceability reasons. It may be accompanied by a photograph, where appropriate]
Amendment 155 #
2017/0353(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Special attention should be given to a proliferation of Internet of Things (IoT) and the increasing number of Artificial Intelligence (AI) enabled devices, taking into account that consumers are increasingly using connected devices in their daily lives. The Union regulatory framework should address the current security threats of such devices which can be hacked and therefore present new risks remotely. In the IoT and AI area, both the safety and security of the products are key to ensuring the safety of their users. In this regard, this Regulation should be fully consistent with the ENISA Regulation [2017/0225(COD)] and the Communication on Artificial Intelligence for Europe COM(2018)237.
Amendment 171 #
2017/0353(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The Commission should carry out an evaluation of this Regulation against the objectives it pursues, also taking into consideration new technological, economic, commercial and legal developments and paying special attention to IoT and AI-enabled devices. Pursuant to point 22 of the Interinstitutional Agreement of 13 April 2016 on Better Law Making59 , the evaluation, based on efficiency, effectiveness, relevance, coherence and value added, should provide the basis for impact assessments of options for further action. _________________ 59, including broadening a scope of this Regulation to non-harmonised products. _________________ 59 OJ L 123, 12.5.2016, p. 1. OJ L 123, 12.5.2016, p. 1.
Amendment 301 #
2017/0353(COD)
1a. Market surveillance authorities shall establish appropriate and effective communication and cooperation mechanisms with other market surveillance authorities and other relevant authorities within the Union. In particular, market surveillance authorities shall also develop appropriate and effective communication and cooperation mechanisms with customs authorities for the identification and examination of potential counterfeit products.
Amendment 386 #
2017/0353(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point m
Article 14 – paragraph 3 – point m
(m) the power to order the restitution of profits obtained as a result of an instance of non-compliance and the power to impose to economic operators, in cases of recall of products, to reimburse and compensate end-users which have acquired the recalled products;
Amendment 415 #
2017/0353(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. Where the products are recalled, market surveillance authorities shall ensure that consumers which have acquired the recalled products are reimbursed and adequately compensated by the economic operator.
Amendment 424 #
2017/0353(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. Where the products are recalled, the market surveillance authorities shall ensure that consumers which have acquired the recalled products are reimbursed and adequately compensated by the economic operator.
Amendment 443 #
2017/0353(COD)
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Member States shall ensure that administrative fees referred to in paragraph 2, charged by the market surveillance authorities, are used for financing further market surveillance activities of these authorities.
Amendment 474 #
2017/0353(COD)
Proposal for a regulation
Article 26 – paragraph 5 – subparagraph 2
Article 26 – paragraph 5 – subparagraph 2
Where, in relation to products subject to Union harmonisation legislation that are either in temporary storage or placed under a customs procedure other than release for free circulation, customs authorities at the first point of entry have reason to believe that those products are not compliant with applicable Union legislation or present a risk, they shall transmit all relevant information to the competent customs office of destination.
Amendment 475 #
2017/0353(COD)
Proposal for a regulation
Article 26 – paragraph 5 a (new)
Article 26 – paragraph 5 a (new)
5a. Where customs authorities of one Member State have reason to believe that potentially non-compliant product might be entering Union’s market in another Member State, they shall transmit, without delay, all relevant information to the competent customs offices of other Member States.
Amendment 538 #
2017/0353(COD)
Proposal for a regulation
Article 35 – paragraph 5 – introductory part
Article 35 – paragraph 5 – introductory part
5. Approval may only be granted to a third country under paragraph 3 following an audits within the Union and the relevant third country demonstrating that the following conditions are satisfied:
Amendment 539 #
2017/0353(COD)
Proposal for a regulation
Article 35 – paragraph 5 – point –a (new)
Article 35 – paragraph 5 – point –a (new)
(-a) the third country possesses an efficient verification system of the compliance of the products exported to the Union;
Amendment 541 #
2017/0353(COD)
Proposal for a regulation
Article 35 – paragraph 9
Article 35 – paragraph 9
9. The Commission shall regularly monitor the correct functioning of the approval and shall withdraw an approval granted under paragraph 3 where it is revealed that the products entering the Union market do not comply with Union harmonisation legislation in a significant number of instances. The Commission shall inform Member States and the affected third country.
Amendment 547 #
2017/0353(COD)
Proposal for a regulation
Article 61 – paragraph 2 – point a
Article 61 – paragraph 2 – point a
Amendment 556 #
2017/0353(COD)
Proposal for a regulation
Article 61 – paragraph 5 a (new)
Article 61 – paragraph 5 a (new)
5a. Member States shall ensure, also, that financial penalties imposed for infringements of Union harmonisation legislation are used for financing further market surveillance activities.
Amendment 561 #
2017/0353(COD)
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
The report shall assess whether this Regulation achieved its objectives, in particular with regard to reducing the number of non-compliant products on the Union market, ensuring effective and efficient enforcement of Union harmonisation legislation within the Union, improving cooperation between competent authorities and strengthening the controls on products entering the Union market, whilst taking into account the impact on business and in particular on small and medium-sized enterprises. In addtion, tThe evaluation shall be carried out, in particular, with a view to assessing the scope of this Regulation, as well as the effectiveness of the provisions of this Regulation with regard to Internet of Things and Artificial Intelligence enabled devices and in light of technological, economic and legal developments. The evaluation should also assess the effectiveness of the market surveillance activities that receive Union financing in the light of the requirements of Union policies and legislation.
Amendment 35 #
2017/0237(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 40 #
2017/0237(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 41 #
2017/0237(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 64 #
2017/0237(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 77 #
2017/0237(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 78 #
2017/0237(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) However, a railway undertaking should not be obliged to pay compensation if it can prove that the delay was caused by severe weather conditions or major natural disasters endangering the safe operation of the service. Any such event should have the character of an exceptional natural catastrophe, as distinct from normal seasonal weather conditions, such as autumnal storms or regularly occurring urban flooding caused by tides or snowmelt. Railway undertakings should prove that they could neither foresee nor prevent the delay even if all reasonable measures had been takenIn view of the decision of Court of Justice of the European Union in Case C 509/11 1a (ÖBB-Personenverkehr AG) and the need for legal certainty, protection of passengers, continued high levels of investment in railway rolling stock and infrastructure and good contingency planning, a railway undertaking should be obliged to pay compensation to a passenger for a delay or cancellation that is not the fault of that passenger, regardless of the cause of the delay or cancellation concerned. __________________ 1a1a Case C-509/11, ÖBB- Personenverkehr AG (EU: C2013:613).
Amendment 78 #
2017/0237(COD)
Amendment 82 #
2017/0237(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 95 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point f
Article 1 – paragraph 1 – point f
(f) non-discrimination against , immediate, spontaneous and mandatory assistance by trained staff for , persons with disabilities and persons with reduced mobility ;
Amendment 98 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point i
Article 1 – paragraph 1 – point i
(i) general rules on enforcement, including through the option for passengers of binding alternative dispute resolution.
Amendment 99 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
This Regulation shall apply to all domestic and, cross-border or international rail passenger journeys and services throughout the Union provided by one or more railway undertakings licensed in accordance with Directive 2012/34/EU of the European Parliament and of the Council29 operating, stopping, travelling, departing or arriving within the territory of the Union. __________________ 29 OJ L 343, 14.12.2012, p. 32.
Amendment 100 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 108 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 109 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 120 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
(6 a) ‘combined journey’ means a ticket or tickets representing more than one transport contract for successive railway services operated by one or more railway undertakings;
Amendment 127 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
(10) ‘journey’ means the carriage of a passenger between a station of departure and a station of arrival under a single transport contract;
Amendment 131 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
(15) ‘missed connection’ means a situation where a passenger misses one or more services in the course of a journey or combined journey as a result of the delay or cancellation of one or more previous services;
Amendment 131 #
2017/0237(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) However, a railway undertaking should not be obliged to pay compensation if it can prove that the delay was caused by severe weather conditions or major natural disasters endangering the safe operation of the service. Any such event should have the character of an exceptional natural catastrophe, as distinct from normal seasonal weather conditions, such as autumnal storms or regularly occurring urban flooding caused by tides or snowmelt. Railway undertakings should prove that they could neither foresee nor prevent the delay even if all reasonable measures had been takenIn view of the decision of the Court of Justice of the European Union in Case C 509/111a (ÖBB- Personenverkehr AG) and the need for legal certainty, protection of passengers, continued high levels of investment in railway rolling stock and infrastructure and good contingency planning, a railway undertaking should be obliged to pay compensation to a passenger for a delay or cancellation that is not the fault of that passenger, regardless of the cause of the delay or cancellation concerned. _________________ 1a Case C-509/11, ÖBB-Personenverkehr AG (EU: C2013:613).
Amendment 135 #
2017/0237(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 150 #
2017/0237(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Obligations towards passengers pursuant to this Regulation may not be limited or waived, notably by a derogation or restrictive clause in the transport contract. Any contractual conditions which purport directly or indirectly to waive, derogate from or restrict the rights resulting from this Regulation shall not be binding on the passenger.
Amendment 151 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point f
Article 1 – paragraph 1 – point f
(f) non-discrimination against , immediate, spontaneous and mandatory assistance by trained staff for , persons with disabilities and persons with reduced mobility ;
Amendment 152 #
2017/0237(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
Obligation to provide information and consultation concerning discontinuation or substantial reduction of services
Amendment 153 #
2017/0237(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Railway undertakings or, where appropriate, competent authorities responsible for a public service railway contract shall make public by appropriate means, and without delay including in accessible formats for persons with disabilities in accordance with accessibility requirements laid down in Directive XXX31 , and in good time before their implementation, decisionproposals to discontinue or substantially reduce services either permanently or temporarily , and shall ensure that those proposals are subject to meaningful and proper consultation before any implementation takes place. __________________ 31 Directive XXX on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services (European Accessibility Act) (OJ L X, X.X.XXXX, p. X).
Amendment 154 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point i
Article 1 – paragraph 1 – point i
(i) general rules on enforcement, including through the option for passengers of binding alternative dispute resolution.
Amendment 155 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation shall apply to all domestic and, cross-border or international rail passenger journeys and services throughout the Union provided by one or more railway undertakings licensed in accordance with Directive 2012/34/EU of the European Parliament and of the Council29 . _________________ 29 OJ L 343, 14.12.2012, p. 32operating, stopping, travelling, departing or arriving within the territory of the Union.
Amendment 156 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 179 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 180 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 192 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘ticket vendor’ means any retailer of rail transport services concluding transport contracts and selling tickets, through-tickets or combined journeys on behalf of aone or more railway undertakings or for its own account;
Amendment 196 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
(6a) ‘combined journey’ means a ticket or tickets representing more than one transport contract for successive railway services operated by one or more railway undertakings;
Amendment 205 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
(10) ‘journey’ means the carriage of a passenger between a station of departure and a station of arrival under a single transport contract;
Amendment 206 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings, histheir rights to information, assistance, care and compensation shall be equivalent to those under a through-ticket and cover the whole journey from the departure to the final destination, unless the passenger is explicitly informed otherwise in writing. Such information shall in particular state that when the passenger misses a connection, he or she would not be entitled to assistance or compensation based on the total length of the journey. The burden of proof that the information was provided shall lie with the railway undertaking, its agent, tour operator or ticket vendor.
Amendment 212 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
(15) ‘missed connection’ means a situation where a passenger misses one or more services in the course of a journey or combined journey as a result of the delay or cancellation of one or more previous services;
Amendment 218 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) 25 50% of the ticket price for a delay of 6045 to 1189 minutes,;
Amendment 220 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) 50 100% of the ticket price for a delay of 1290 minutes or more.
Amendment 226 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Paragraph 1 also applies to passengers who hold a travel pass or season ticket. If they encounter recurrent delays or cancellations during the period of validity of the travel pass or season ticket, they may requestshall be entitled to adequate compensation in accordance with the railway undertaking’s compensation arrangements. These arrangements shall state the criteria for determining delay and for the calculation of the compensation. Where delays of less than 60between 15 and 45 minutes occur repeatedly during the period of validity of the travel pass or season ticket, the delays shall be counted cumulatively and passengers shall be compensated on that basis in accordance with the railway undertaking’s compensation arrangements.
Amendment 229 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 232 #
2017/0237(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Obligations towards passengers pursuant to this Regulation may not be limited or waived, notably by a derogation or restrictive clause in the transport contract. Any contractual conditions which purport directly or indirectly to waive, derogate from or restrict the rights resulting from this Regulation shall not be binding on the passenger.
Amendment 234 #
2017/0237(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
Obligation to provide information and consultation concerning discontinuation or substantial reduction of services
Amendment 235 #
2017/0237(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Railway undertakings or, where appropriate, competent authorities responsible for a public service railway contract shall make public by appropriate means, and without delay including in accessible formats for persons with disabilities in accordance with accessibility requirements laid down in Directive XXX31 , and in good time before their implementation, decisionproposals to discontinue or substantially reduce services either permanently or temporarily, and shall ensure that those proposals are subject to meaningful and proper consultation before any implementation takes place. _________________ 31 Directive XXX on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services (European Accessibility Act) (OJ L X, X.X.XXXX, p. X).
Amendment 242 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
Amendment 251 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. In the case of any delay as referred to in paragraph 1 of more than 6045 minutes, passengers shall also be offered free of charge:
Amendment 273 #
2017/0237(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Railway undertakings and station managers shall, with the active involvement of representative organisations of persons with disabilities and persons with reduced mobility, establish, or shall have in place, non- discriminatory access rules for the transport of persons with disabilities and persons with reduced mobility including their personal assistants. The rules shall allow the passenger to be accompanied by an assistance dog service animal in accordance with any relevant national rules, and shall ensure that rail transport for persons with disabilities and persons with reduced mobility is immediate and spontaneous wherever possible.
Amendment 295 #
2017/0237(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) assistance shall be provided on condition that the railway undertaking, the station manager, the ticket vendor or the tour operator with which the ticket was purchased is notified of the person’s need for such assistance at least 48 hours before the assistance is neededupon booking the ticket or upon arrival at the station. Where a ticket or season ticket permits multiple journeys, one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided. Such notifications shall be forwarded to all other railway undertakings and station managers involved in the person’s journey;
Amendment 299 #
2017/0237(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point e
Article 24 – paragraph 1 – point e
(e) assistance shall be provided on condition that the person with disabilities or person with reduced mobility presents him or herself at the designated point at a time stipulated by the railway undertaking or station manager providing such assistance. Any time stipulated shall not be more than 60 minutes before the published departure time or the time at which all passengers are asked to check in. If no time is stipulated by which the person with disabilities or person with reduced mobility is required to present him or herself, the person shall present him or herself at the designated point at least 30 minutes before the published departure time orthemselves at the designated point at the time at which all passengers are asked to check in.
Amendment 307 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) ensure that all personnelstaff, including those employed by any other performing party, providing direct assistance to persons with disabilities and persons with reduced mobility,receive disability-related training in order to know how to meet the needs of persons with disabilities and of persons with reduced mobility, including those with mental and intellectual impairments;
Amendment 308 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) provide training to raise awareness of the needs of persons with disabilities among all personnel working at the station who deal directly with the travelling publicstaff;
Amendment 312 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) ensure that, upon recruitment, all new employeesstaff receive disability-related training, and that personnel attend regular refresher training courses.ttend regular refresher training courses, and that advanced level or more specialised disability-related training is also provided where necessary;
Amendment 313 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
(d) accept upon requestencourage actively the participation, in the training, of employeesstaff with disabilities, as well as passengers with disabilities and with reduced mobility, and/or organisations representing them.;
Amendment 316 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d a (new)
Article 26 – paragraph 1 – point d a (new)
(da) involve organisations representing persons with disabilities and with reduced mobility in the design and delivery of disability-related training;
Amendment 317 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d b (new)
Article 26 – paragraph 1 – point d b (new)
(db) disability-related training courses mentioned in paragraphs (a) to (e) of this Article shall meet the specifications set out in Annex VI.
Amendment 321 #
2017/0237(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. All railway undertakings, ticket vendors, station managers and infrastructure managers of stations handling more than 10 0500 passengers per day on average over a year shall each set up a complaint-handling mechanism for the rights and obligations covered in this Regulation in their respective field of responsibility . They shall make their contact details and working language(s) widely known to passengers.
Amendment 328 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings, histheir rights to information, assistance, care and compensation shall be equivalent to those under a through-ticket and cover the whole journey from the departure to the final destination, unless the passenger is explicitly informed otherwise in writing. Such information shall in particular state that when the passenger misses a connection, he or she would not be entitled to assistance or compensation based on the total length of the journey. The burden of proof that the information was provided shall lie with the railway undertaking, its agent, tour operator or ticket vendor.
Amendment 338 #
2017/0237(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Without prejudice to the rights of consumers to seek alternative redress pursuant to Directive 2013/11/EU of the European Parliament and of the Council32 , after having complained unsuccessfully to the railway undertaking, ticket vendor, station or infrastructure manager pursuant to Article 28, the passenger may complain to an enforcement body. Enforcement bodies shall inform complainants about their right to complain to alternative dispute resolution bodies to seek individual redress. __________________Member States shall ensure that enforcement or complaint-handling bodies are recognised for the purposes of alternative redress schemes pursuant to Directive 2013/11/EU, and that where passengers seek alternative redress, the railway undertaking, ticket vendor, station or infrastructure manager concerned is required to participate and the outcome shall be binding on and effectively enforceable against them2a . __________________ 2aDirective 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive2009/22/EC (OJ L 165, 18.6.2013, p. 14). 32 Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 14).
Amendment 339 #
2017/0237(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Any passenger may complain to the national enforcement body, or any other body designated by a Member State for that purpose, about an alleged infringement of this Regulation. Complaints may also be made by organisations representing groups of passengers.
Amendment 340 #
2017/0237(COD)
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 1
Article 33 – paragraph 3 – subparagraph 1
The body shall acknowledge receipt of the complaint within two weeks of receiving it. The complaint-handling procedure shall take a maximum of three months. For complex cases, the body may, at its discretion, extend this period to six months. In such a case, it shall inform the passenger or organisation representing passengers of the reasons for the extension and of the expected time needed to conclude the procedure. Only cases that involve legal proceedings may take longer than six months. Where the body is also an alternative dispute resolution body within the meaning of Directive 2013/11/EU, the time limits laid down in that Directive shall prevail and the use of online dispute resolution in accordance with Regulation 524/2013/EU2b may be made available with the agreement of all parties involved. __________________ 2bRegulation 524/2013/EU of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive2009/22/EC (OJ L 165, 18.6.2013, p.1).
Amendment 369 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) 25 50% of the ticket price for a delay of 6045 to 1189 minutes,;
Amendment 377 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) 50 100% of the ticket price for a delay of 1290 minutes or more.
Amendment 388 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Paragraph 1 also applies to passengers who hold a travel pass or season ticket. If they encounter recurrent delays or cancellations during the period of validity of the travel pass or season ticket, they may requestshall be entitled to adequate compensation in accordance with the railway undertaking’s compensation arrangements. These arrangements shall state the criteria for determining delay and for the calculation of the compensation. Where delays of less than 60between 15 and 45 minutes occur repeatedly during the period of validity of the travel pass or season ticket, the delays shall be counted cumulatively and passengers shall be compensated on that basis in accordance with the railway undertaking’s compensation arrangements.
Amendment 395 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 412 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
Amendment 431 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. In the case of any delay as referred to in paragraph 1 of more than 6045 minutes, passengers shall also be offered free of charge:
Amendment 460 #
2017/0237(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Railway undertakings and station managers shall, with the active involvement of representative organisations of persons with disabilities and persons with reduced mobility, establish, or shall have in place, non- discriminatory access rules for the transport of persons with disabilities and persons with reduced mobility including their personal assistants. The rules shall allow the passenger to be accompanied by an assistance dog service animal in accordance with any relevant national rules, and shall ensure that rail transport for persons with disabilities and persons with reduced mobility is immediate and spontaneous wherever possible.
Amendment 515 #
2017/0237(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) assistance shall be provided on condition that the railway undertaking, the station manager, the ticket vendor or the tour operator with which the ticket was purchased is notified of the person’s need for such assistance at least 48 hours before the assistance is neededupon booking the ticket or upon arrival at the station. Where a ticket or season ticket permits multiple journeys, one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided. Such notifications shall be forwarded to all other railway undertakings and station managers involved in the person’s journey;
Amendment 527 #
2017/0237(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point e
Article 24 – paragraph 1 – point e
(e) assistance shall be provided on condition that the person with disabilities or person with reduced mobility presents him or herself at the designated point at a time stipulated by the railway undertaking or station manager providing such assistance. Any time stipulated shall not be more than 60 minutes before the published departure time or the time at which all passengers are asked to check in. If no time is stipulated by which the person with disabilities or person with reduced mobility is required to present him or herself, the person shall present him or herself at the designated point at least 30 minutes before the published departure time orthemselves at the designated point at the time at which all passengers are asked to check in.
Amendment 548 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) ensure that all personnelstaff, including those employed by any other performing party, providing direct assistance to persons with disabilities and persons with reduced mobility,receive disability-related training in order to know how to meet the needs of persons with disabilities and of persons with reduced mobility, including those with mental and intellectual impairments;
Amendment 551 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) provide training to raise awareness of the needs of persons with disabilities among all personnel working at the station who deal directly with the travelling publicstaff;
Amendment 560 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) ensure that, upon recruitment, all new employeesstaff receive disability-related training, and that personnel attend regular refresher training courses.ttend regular refresher training courses, and that advanced level or more specialised disability-related training is also provided where necessary;
Amendment 563 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
(d) accept upon requestencourage actively the participation, in the training, of employeesstaff with disabilities, as well as passengers with disabilities and with reduced mobility, and/or organisations representing them.;
Amendment 567 #
2017/0237(COD)
(da) involve organisations representing persons with disabilities and with reduced mobility in the design and delivery of disability-related training;
Amendment 568 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
Disability-related training courses mentioned in paragraphs (a) to (e) of this Article shall meet the specifications set out in Annex VI.
Amendment 577 #
2017/0237(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. All railway undertakings, ticket vendors, station managers and infrastructure managers of stations handling more than 10 0500 passengers per day on average over a year shall each set up a complaint-handling mechanism for the rights and obligations covered in this Regulation in their respective field of responsibility. They shall make their contact details and working language(s) widely known to passengers.
Amendment 597 #
2017/0237(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Without prejudice to the rights of consumers to seek alternative redress pursuant to Directive 2013/11/EU of the European Parliament and of the Council32, after having complained unsuccessfully to the railway undertaking, ticket vendor, station or infrastructure manager pursuant to Article 28, the passenger may complain to an enforcement body. Enforcement bodies shall inform complainants about their right to complain to alternative dispute resolution bodies to seek individual redress. Member States shall ensure that enforcement or complaint-handling bodies are recognised for the purposes of alternative redress schemes pursuant to Directive 2013/11/EU, and that where passengers seek alternative redress, the railway undertaking, ticket vendor, station or infrastructure manager concerned is required to participate and the outcome shall be binding on and effectively enforceable against them. _________________ 32 Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 14).
Amendment 599 #
2017/0237(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Any passenger may complain to the national enforcement body, or any other body designated by a Member State for that purpose, about an alleged infringement of this Regulation. Complaints may also be made by organisations representing groups of passengers.
Amendment 600 #
2017/0237(COD)
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 1
Article 33 – paragraph 3 – subparagraph 1
The body shall acknowledge receipt of the complaint within two weeks of receiving it. The complaint-handling procedure shall take a maximum of three months. For complex cases, the body may, at its discretion, extend this period to six months. In such a case, it shall inform the passenger or organisation representing passengers of the reasons for the extension and of the expected time needed to conclude the procedure. Only cases that involve legal proceedings may take longer than six months. Where the body is also an alternative dispute resolution body within the meaning of Directive 2013/11/EU, the time limits laid down in that Directive shall prevail and the use of online dispute resolution in accordance with Regulation 524/2013/EU1a may be made available with the agreement of all parties involved. _________________ 1aRegulation 524/2013/EU of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive2009/22/EC (OJ L 165, 18.6.2013, p.1).
Amendment 41 #
2017/0228(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The digitisation of the economy is accelerating. Information and Communications Technology (ICT) is no longer a specific sector but the foundation of all modern innovative economic systems and societies. Electronic data is at the centre of those systems and can generate great value when analysed or combined with services and products. At the same time, cybersecurity represents one of the major threats to our societies. Securing network and information systems in the European Union is essential for the further development of the online economy, as well as for ensuring that there is trust in the digital economy as a whole. Consequently, this Regulation and the ENISA Regulation [2017/0225(COD)] need to be fully consistent with one another.
Amendment 59 #
2017/0228(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to create a framework for the free movement of non-personal data in the Union and the foundation for developing the data economy and enhancing the competitiveness of European industry in compliance with European data protection rules, it is necessary to lay down a clear, comprehensive and predictable legal framework for storage or other processing of data other than personal data in the internal market. A principle-based approach providing for cooperation among Member States as well as self-regulation should ensure that the framework is flexible so that it can take into account the evolving needs of users, providers and national authorities in the Union. In order to avoid the risk of overlaps with existing mechanisms and hence to avoid higher burdens both for Member States and businesses, detailed technical rules should not be established.
Amendment 65 #
2017/0228(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The legal framework on the protection of natural persons with regard to the processing of personal data, in particular Regulation (EU) 2016/67930, and Directive (EU) 2016/68031 and Directive 2002/58/EC32s well as the legal framework on the respect for private life and the protection of personal data in electronic communications, in particular Directive 2002/58/EC32 to be repealed by new regulation 2017/003 (COD)32a should not be affected by this Regulation. _________________ 30 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 31 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89). 32 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37). 32aRegulation of the European Parliament and the Council concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC.
Amendment 68 #
2017/0228(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) This Regulation should not apply to the storage or other processing of electronic data in the case of any intermixture of non-personal data and personal data, or in the case of any combination of non-personal data that could lead to personal data or to identify a person.
Amendment 78 #
2017/0228(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Whereas data that is neither personal nor non-personal does not exist by definition, new technological advancements in big data analytics have opened up for the possibility to turn anonymised non-personal data into personal data by comparing and aggregating large quantities of non- personal data. In this case, the line between personal data and non-personal data is not fixed but rather depends upon technological developments and new uses of technologies. In these instances, where non-personal data has become personalised, the data should be treated as such and the provisions laid down in Regulation (EU) 2016/679 should apply accordingly.
Amendment 105 #
2017/0228(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Data localisation requirements are frequently underpinned by a lack of trust in cross-border data storage or other processing, deriving from the presumed unavailability of data for the purposes of the competent authorities of the Member States, such as for inspection and audit for regulatory or supervisory control. Therefore, this Regulation should clearly establish that it does not affect the powers of competent authorities to request and receive access to data in accordance with Union or national law, and that access to data by competent authorities may not be refused on the basis that the data is stored or otherwise processed in another Member State, neither by the provider according to Art. 3 No. 4, nor by the professional user according to Art. 3 No. 8, nor by any authority of the other Member State with the exception of Art. 7 of this regulation.
Amendment 114 #
2017/0228(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to take full advantage of the competitive environment, professional users should be able to make informed choices and easily compare the individual components of various data storage or other processing services offered in the internal market, including as to the contractual conditions of porting data upon the termination of a contract. In order to align with the innovation potential of the market and to take into account the experience and expertise of the providers and professional users of data storage or other processing services, the detailed information and operational requirements for data porting should be defined by market players through self-regulation, encouraged and facilitated by the Commission, in the form of Union codes of conduct which may entail model contract terms. Nonetheless, if such codes of conduct are not put in place and effectively implemented within a reasonable period of time, the Commission should review the situation. based on Commission non- binding guidelines, in the form of Union codes of conduct which may entail model contract terms. When drafting the guidelines, the Commission may take into account “Cloud Service Level Agreement Standardisation Guidelines” and the activities performed within the Cloud Stakeholders’ Platform initiative. The Commission shall ensure that all relevant stakeholders, including small and medium enterprises and start-ups are consulted in the process. Nonetheless, if such codes of conduct are not put in place and effectively implemented or do not sufficiently meet the objectives of the proposed Regulation, the Commission should review the situation within two years after the entry into force of this Regulation and introduce, if appropriate, a statutory right to data portability.
Amendment 128 #
2017/0228(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The Commission should periodically review this Regulation, in particular with a view to determining the need for modifications in the light of technological or market developments, especially with regards to the development of artificial intelligence, machine learning, Internet of Things, big data analysis among others.
Amendment 131 #
2017/0228(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28 a) The legal framework of public procurement, especially with regard to environmental, social and labour aspects of public procurement, in particular Directive (EU) 2014/241a should not be affected by this Regulation. _________________ 1aDirective 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC.
Amendment 141 #
2017/0228(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. This Regulation shall not apply to the storage or other processing of electronic data in the case of any intermixture of non-personal data and personal data, or in the case of any combination of non-personal data that can lead to personal data or to identify a person.
Amendment 178 #
2017/0228(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where a competent authority has exhausted all applicable means to obtain access to the datadoes not receive access to the data after having contacted the provider of the data storage or processing service, it may request the assistance of a competent authority in another Member State in accordance with the procedure laid down in Article 7, and the requested competent authority shall provide assistance in accordance with the procedure laid down in Article 7, unless it would be contrary to the public order of the requested Member State.
Amendment 193 #
2017/0228(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The Commission shall encourage and facilitateprepare non-binding guidelines on the development of self- regulatory codes of conduct at Union level, in order to define guidelines oncluding best practices in facilitating the switching of providers and to ensure that they provide professional users with sufficiently detailed, clear and transparent information before a contract for data storage and processing is concluded, as regards the following issues:
Amendment 203 #
2017/0228(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. The Commission shall ensure that the codes of conduct are developed in close cooperation with all relevant stakeholders, including associations of small and medium-sized enterprises and start-ups, users and providers of cloud services.
Amendment 212 #
2017/0228(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission shall reviewsubmit a report to the European Parliament and to the Council on the development and effective implementation of such codes of conduct and the effective provision of information by providers no later than two years after the start of application of this Regulation. The report shall be accompanied, if appropriate, by legislative proposals.
Amendment 218 #
2017/0228(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. No later than [53 years after the date mentioned in Article 10(2)], the Commission shall carry out a review of this Regulation and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The Commission shall review the implementation of this Regulation in particular in respect of:
Amendment 226 #
2017/0228(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b (new)
Article 9 – paragraph 1 – point b (new)
(b) The use of the public security exception by Member States as defined in Article 4(1).
Amendment 173 #
2017/0087(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
This Regulation shall not apply to small and medium-sized enterprises, as defined in Article 3 of Directive 2013/34/EU.
Amendment 40 #
2017/0063(COD)
Proposal for a directive
Recital 40 a (new)
Recital 40 a (new)
(40a) To ensure the effective functioning of the leniency programmes, it is of paramount importance that the NCAs have in place effective means to protect individuals who report or disclose information about violations of EU competition law from retaliation, for example disciplinary measures by their employers.
Amendment 3 #
2016/2276(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to its resolution of 19 January 2017 on a European Pillar of Social Rights1a , _________________ 1a Texts adopted, P8_TA (2017) 0010
Amendment 8 #
2016/2276(INI)
Motion for a resolution
Recital A
Recital A
A. whereas digitalisation and new technologies have changed forms of communication and the behaviour of consumers and companies; whereas a new economic paradigm appears, the digital era or the fourth industrial revolution that is based on the digitisation of all facets of the economy and society;
Amendment 10 #
2016/2276(INI)
Draft opinion
Recital B
Recital B
B. whereas the emergence of platforms, by fostering the relationship between service providers, workers and consumers, presents opportunities and challenges and results in the shaping of both new and existing markets, which may at times have a disruptive effect on the economic value of such markets;
Amendment 13 #
2016/2276(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the evolving use of internet and mobile devices has created new business opportunities and business models, and not only new, but also business models that are alternative to the traditional ones of the companies taking advantage of the new technologies, through internet platforms, Information and Communication Technology applications that allow our communities to rent, to share, to exchange, or to sell access to products or services;
Amendment 20 #
2016/2276(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas Europe, compared to the world scale, has made progress in labour and social standards and in social protection systems, and whereas the EU must, in the digital economy, continue to develop the European social model, a fair distribution of wealth, quality employment and sustainable and inclusive growth in long-term employment;
Amendment 20 #
2016/2276(INI)
Draft opinion
Recital F
Recital F
F. whereas, by giving intellectual property rights (IPR) infringers easy access to consumers, platforms allow a substantial number of platforms create certain challenges with regard to intellectual property rights protection and may allow infringements to take place, leading to an uneven and unfair sharing of value all along the supply chain;
Amendment 23 #
2016/2276(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas it is essential for companies to behave in a socially responsible manner, taking into account sustainability and the interests of society; whereas European labour markets are more often evolving towards 'atypical' or 'non-standard' forms of employment, such as occasional work, work on- demand, dependent self-employment or work intermediated by these digital platforms; and whereas we must ensure that workers who use the platforms have decent working conditions;
Amendment 24 #
2016/2276(INI)
Draft opinion
Recital F a (new)
Recital F a (new)
Fa. whereas online platforms should offer more opportunities, fair conditions and legal certainty to consumers whose rights must always be protected;
Amendment 28 #
2016/2276(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas new content providers are adjusting the supply and demand of goods and services, based on community sentiment, shared access, reputation and trust; whereas online platforms are shaking up highly regulated traditional business models, which has called into question the equal conditions of all market players, their responsibility, the quality of the service they offer and also safety and consumer protection;
Amendment 28 #
2016/2276(INI)
Draft opinion
Recital G
Recital G
G. whereas loyaltytrust and transparency should be key guiding principles for platforms in building trust with their consumers and with their business partners;
Amendment 34 #
2016/2276(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission communication on platforms and all action taken so far; recognises the importance of establishing a general framework to define platforms which should guarantee a legal certainty for users and workers; stresses the need for a clear distinction between 'commercial' and 'non- commercial' platforms in order to ensure a level playing field as well as a clear distinction between non-professional peer to peer activity where most expenses are shared and goods and service providers acting in their professional capacity or gaining an income through the activity; calls on the Commission to encourage the Member States to develop sector specific definitions and thresholds, in collaboration with relevant stakeholders, in this regard; underlines the importance to recognise remunerated services provision in the platform economy as 'work' regardless of the terminology ('gigs', 'tasks', 'giving rides' etc.);
Amendment 39 #
2016/2276(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Supports the need to increase the responsibility of platforms given the high public profile some have achieved and their importance in terms of economic and bargaining power; calls on the Commission to clearly define liability for online platforms;
Amendment 48 #
2016/2276(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for a regulatory framework that would guarantee loyaltytrust and transparency towards business partners, users and workers in relation to, inter alia, access to the service, appropriate and fair referencing, and the functioning of relevant application programming interfaces;
Amendment 64 #
2016/2276(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the communication on ‘Online Platforms and the Digital Single Market - Opportunities and Challenges for Europe’; regrets, however, that this communication limits the role of platforms to mere intermediaries between service providers and consumers and renounces to take a more active role in regulating this new economy;
Amendment 66 #
2016/2276(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out the crucial importance of clarifying methods by which decisions based on algorithms are taken and promoting transparency on the use of these algorithms; therefore, asks the Commission and Member States to examine potential for errors and biases in the use of algorithms in order to prevent any kind of discrimination or unfair practice and any harm to privacy;
Amendment 67 #
2016/2276(INI)
Draft opinion
Article 4 b (new)
Article 4 b (new)
4b. Calls on the Commission and the Member States to take the necessary measures to ensure the full respect of citizen´s rights to privacy and to protection of their personal data in the digital environment; emphasizes the importance of the correct implementation of the General Data Protection Regulation, ensuring the full application of the principle of "privacy by design and by default"; notes the increasing importance of clarifying the concerns over data access, ownership and liability issues and calls on the Commission to asses further the current regulatory framework with regard to these issues; believes that consumers should be able to freely and fully use and exploit the products and services they buy, including in the free choice of repairers, and should not be obstructed by data issues; considers that the issue of worker-related data and their use raises important concerns and should be swiftly clarified; calls on the Commission to define some minimum requirements on this issue; underlines the need to set up an European Directive on Privacy at the workplace;
Amendment 68 #
2016/2276(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Underlines the importance to ensure the data portability for all users, in particular for workers of the online platforms, and to guarantee the transferability and accumulation of their ratings and reviews across different online platforms, in respect of EU rules already in place on data protection and the privacy of other parties involved;
Amendment 69 #
2016/2276(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. While recognising the opportunities offered by platforms, stresses also that it poses certain challenges to job demands, working conditions and workers’ rights, in particular in non-standard employment relationships, and highlights the need to ensure the full respect of employment rights and adequate social security coverage in the digital sphere; considers it necessary to ensure the right to association and collective action and bargaining also for online platforms’ workers; believes it is necessary to involve social partners in the debate on and in the definition of European and national initiatives on online platform;
Amendment 70 #
2016/2276(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges that online platforms benefit today’s digital economy and society by increasing the choices available to consumers and creating and shaping new markets; points out, however, that online platforms present new policy and regulatory challengesrecognizes that existing legal gaps are facilitating unfair competition of the digital sector vis-a-vis the non-digital sectors, possible online social dumping and unclear fiscal rules; points out that overcoming these new political, social and regulatory challenges is fundamental for the digital economy in order to produce a general benefit to society as a whole;
Amendment 76 #
2016/2276(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for the same tax rules to be applied for all companies providing comparable services regardless of whether they offer them online or offline; calls for ensuring that all companies including digital ones pay their taxes in the place where they make their profits;
Amendment 77 #
2016/2276(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the Commission to monitor and to take actions against the increasing presence of violent and/or discriminatory messages on online platforms; stresses the importance of protecting vulnerable people and children as well as fighting any form of racism, sexism, incitement to terrorism and bullying actions also in the digital sphere; urges platforms’ liability to be strengthened on these issues, including in the framework of the revision of the AVMS directive;
Amendment 78 #
2016/2276(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that, although many pieces of EU legislation apply to online platforms, it is frequently the case that they are not enforced properly or have not been adapted to the online world; stresses that the Union should support the development of the digital economy by clarifying the applicable legal provisions and shape its course in a socially just, balanced and sustainable manner;
Amendment 86 #
2016/2276(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the Commission to examine in how far existing Union regulations are applicable to the digital labour market and ensure the adequate implementation and enforcement; calls on the Member States, in collaboration with social partners and other relevant stakeholders, to assess, in a proactive way and based on the logic of anticipation, the need for the modernisation of existing legislation, including social security systems, to stay abreast of the technological development while ensuring the protection of workers;
Amendment 98 #
2016/2276(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses the need for a clear distinction between 'commercial' and 'non-commercial' platforms in order to ensure a level playing field as well as a clear distinction between non-professional peer to peer activity where most expenses are shared and goods and service providers acting in their professional capacity or gaining an income through the activity; calls on the Commission to encourage the Member States to develop sector specific definitions and thresholds, in collaboration with relevant stakeholders, in this regard; underlines the importance to recognise remunerated services provision in the platform economy as 'work' regardless of the terminology ('gigs', 'tasks', 'giving rides' etc.);
Amendment 120 #
2016/2276(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on the Commission to advance in the establishment of certain common criteria of online platforms for classification purposes on a European Union scale which differentiates at least between those that perform a physical job or a virtual service, between those that perform a simple intermediation and those that participate in a broader way in the market, and also between commercial and non-commercial platforms;
Amendment 128 #
2016/2276(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that online platforms use the internet as a means of interaction and act as facilitators between the demand and supply sides; notes that they also adjust the supply and demand of goods and services based on community sentiment, shared access, reputation and trust, and also incorporate comments or rating options widely;
Amendment 142 #
2016/2276(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines that the increasingly widespread use of smartphones and tablets has further extended access to online platforms, thereby enhancing their role in the economy and society, particularly among young peopledespite having to avoid the existence of new gaps that can be produced by unequal access to technology or a high quality of technology, especially between generations and between rural and urban areas;
Amendment 184 #
2016/2276(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that some online platforms realise the collaborative economy; welcomes the Commission communication on the collaborative economy, which supports the development of new business models; stresses that these new business models offer new services and greater choice for consumers as well as provide flexibilitythreats, challenges and new opportunities for employees;
Amendment 189 #
2016/2276(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Recognizes that there is currently an excessive tendency to use the figure of the economically dependent self-employed worker on these online platforms, and that this may lead to an imbalance in the working time, in occupational health, in the possibilities to take collective action, in social protection, and in other working conditions;
Amendment 190 #
2016/2276(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Calls on the Member States and the Commission to ensure adequate social security for self-employed workers, who are key players in the digital labour market; calls on the Member States and the Commission to adapt existing social protection schemes and to develop new mechanisms of protection, where necessary, to ensure adequate coverage of workers in these platforms as well as non- discrimination and gender equality, and to share best practices at European level;
Amendment 224 #
2016/2276(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. WStresses the importance of protecting vulnerable people and children as well as fighting any form of racism, sexism and bullying actions; urges the platforms to strengthen monitoring measures to tackle offending actions; welcomes the update of the AVMS Directive and the Commission’'s intention to propose measures for video-sharing platforms concerning their liability in terms of the protection of minors and the prevention of hate speech; regrets, however, the absence of references to content relating to the incitement of terrorism and to bullying;
Amendment 255 #
2016/2276(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Requires platforms to provide users with tools to denounce fake news circulating online in their platforms as well as illegal or hate speech content in such a way that other users can be informed of the content whose veracity has been contested; also, calls for public rectification to be guaranteed by platforms in the case this possible fake content has been proved to be fake, with the same impact that the previous publication had; asks for efforts by online platforms so that fake news or illegal content is completely eliminated with appropriate systems allowing traceability; calls on the Commission to analyse in depth the current situation and legal framework with regard to fake news and to verify the possibility of a legislative intervention to limit the dissemination and spreading of fake content;
Amendment 257 #
2016/2276(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Requires platforms to provide users with tools to denounce fake news circulating online in their platforms as well as illegal or hate speech content in such a way that other users can be informed of the content whose veracity has been contested; also, calls for public rectification to be guaranteed by platforms in the case this possible fake content has been proved to be fake, with the same impact that the previous publication had; asks for efforts by online platforms so that fake news or illegal content is completely eliminated with appropriate systems allowing traceability;
Amendment 272 #
2016/2276(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Calls on platforms whose business model is influenced by customer reviews to be obliged to establish mechanisms for verifying the accuracy of such reviews;
Amendment 277 #
2016/2276(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission to ensure a level playing field for online platforms; stresses that regulatory certainty is essential to creating a thriving digital economy; notes that competitive pressures vary between different sectors and therefore ‘one-size-fits-all’ solutions are rarely appropriate; considers that is why any regulation has to take into account the size of the platforms, their nature and classification, to ensure that these platforms compete with the same rules and on an equal footing as other companies in the markets in which they operate;
Amendment 293 #
2016/2276(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Draws attention to the fact that the size of online platforms varies from global giants to micro-enterprises; stresses the importance of fair and effective competition between online platforms to avoid the creation of monopolies that distort the markets; stresses that facilitating the switching between online platforms or online services is an essential measure in preventing market failures, thereby increasing consumer choice;
Amendment 308 #
2016/2276(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Underlines the importance of investments in infrastructure; stresses that reliable high-speed networks are the precondition of offering and using online platform services; stresses the need for net neutrality and fair and non-discriminatory access to online platforms; stresses the need for adequate investments and a coherent regulatory framework in research and innovation, infrastructure, cybersecurity, data protection, eGovernment and digital skills, in order to ensure a well-functioning digital single market; stresses that the EU is lagging behind its competitors in this respect and more resources are needed for these investments, as well as full use of the potential and synergies of existing funds and incentivizing private investments; believes that further efforts from the Commission should address those challenges in an efficient manner; urges the Commission to introduce more clarity on the financing of the undertaken and upcoming initiatives facilitating the digitisation process, in particular with regard to the role of the EFSI, ESIF, H2020 and potential synergies between them, as well as on the estimated contribution from the Member States national budgets; calls on the Commission to investigate the impact of PPP and JTI in the context of the forthcoming interim evaluation of Horizon 2020;
Amendment 327 #
2016/2276(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses the importance of transparency in relation to data collection and considers that online platforms must respond to users’ concerns by informing them more effectively about what personal data is collected and how it is shared and used; calls on the Commission and the Member States to take the necessary measures to ensure the full respect of citizen´s rights to privacy and to protection of their personal data in the digital environment; emphasizes the importance of the correct implementation of the General Data Protection Regulation, ensuring the full application of the principle of "privacy by design and by default"; notes the increasing importance of clarifying the concerns over data access, ownership and liability issues and calls on the Commission to asses further the current regulatory framework with regard to these issues; believes that consumers should be able to freely and fully use and exploit the products and services they buy, including in the free choice of repairers, and should not be obstructed by data issues; calls on the Commission to clarify in the framework of the GDPR implementation and define some minimum requirements with regard to data gathered in a workplace;
Amendment 335 #
2016/2276(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Points out the crucial importance of clarifying methods by which decisions based on algorithms are taken; therefore, asks the Commission and the European Supervisory Authorities to examine potential for errors and biases in the use of algorithms thus verifying the potential harm to privacy and preventing any kind of discrimination caused by the use of these data by the online platforms;
Amendment 338 #
2016/2276(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29 b. Underlines the importance to ensure the data portability for all users, in particular for workers of the online platforms, and to guarantee the transferability and accumulation of their ratings and reviews across different online platforms, in respect of EU rules already in place on data protection and the privacy of other parties involved;
Amendment 346 #
2016/2276(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Encourages online platforms to provide clear, comprehensive and user- friendly ways of presenting their terms and conditions in order to enhance consumer protection and bolster trust; recommends to the platforms that along with the terms and conditions a complementary reduced version should be included explaining at least the processing of data and legal and commercial guarantees;
Amendment 378 #
2016/2276(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Considers that intellectual property is a legal right that must be protected against the challenges posed by the digital economy and stresses that the technical complications involved should not be an excuse to infringe the rights of authors and creators; calls on the Commission to assess the current Intellectual Property Rights (IPR) Enforcement Directive6 , in order to ascertain how to contribute more effectively to the fight against counterfeiting by adopting proactive, proportionate and effective measures; _________________ 6in particular, calls for a rapid procedure for the de-indexation of contents that infringe intellectual property and for a traceability mechanism allowing to detect the origin of the illegally uploaded content; _________________ 6 OJ L 195, 2.6.2004, p. 16. OJ L 195, 2.6.2004, p. 16.
Amendment 429 #
2016/2276(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Takes the view that metadata comparison services are particularly important in order to guarantee the comparability of offers to the consumer and to enable different companies to compete freely; calls, therefore, on the Commission to address possible anti- competitive practices that may be developing on these platforms and which infringe the rights of consumers and businesses;
Amendment 443 #
2016/2276(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43 a. Calls for the same tax rules to be applied for all companies providing comparable services regardless of whether they offer them online or offline; calls for ensuring that all companies including digital ones pay their taxes in the place where they obtain the economic benefit for their activity;
Amendment 459 #
2016/2276(INI)
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45 a. Points out that investment in education and innovation are key for the EU to compete successfully on the global markets while maintaining high levels of employment under fair conditions; stresses that social consequences of market opening must not only be addressed but foreseen and absorbed in a way that workers have the skills and tools needed to adapt to new challenges; considers therefore essential to invest in education and life long learning;
Amendment 5 #
2016/2274(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas standards are voluntary technical specifications which if developed in an open, inclusive and transparent way can positively support a wide range of industrial, economic, social, and environmental policies affecting innovation, ageing population, integration of people with disabilities, the quality of life of citizens, the health and safety of consumers and workers, and development of ICT technologies;
Amendment 15 #
2016/2274(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas harmonised standards are European Standards adopted, upon a request made by the Commission to provide a presumption of conformity with the essential requirements of the Union legislation; whereas standards are voluntary specifications, which should not replace a democratic decision-making processes, consultation or social dialogue;
Amendment 44 #
2016/2274(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines that Europe should uphold its key role in the international standardisation system and that when developing European standards both specificities of the regional context and the global relevance of the standard needs to be taken into account;
Amendment 59 #
2016/2274(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Is of the opinion that, complementary to the existing best practices found among the standardisation communities, increasing public awareness of proposed standards, proper and early involvement of all relevant stakeholders and improvement in the quality of the standardisation requests may further increase transparency and accountability of the standardisation system;
Amendment 77 #
2016/2274(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Notes that with the increased use of the internet, online banking, social networking and e-health initiatives, people are having growing security and privacy concerns, and that ICT standards need to reflect the principles of the protection of individuals with regards to the processing of personal data and the free movement of such data;
Amendment 78 #
2016/2274(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Calls on the Commission to include digital integration of manufacturing as ICT standardisation priority and encourages development of open standards for the communication protocol and the data formats for the digital integration of manufacturing equipment in order to ensure full interoperability between machines and devices;
Amendment 80 #
2016/2274(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Recommends on the Commission and ESOs to prioritise standards for the improvement of interoperability in the IoT and 5G domains and of vertical domains, such as "Connected and automatic driving", "Smart cities", "Smart Living Environments", as these are an important areas for the advancement of the European competitiveness;
Amendment 81 #
2016/2274(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12 d. Supports the Alliance for Internet of Things Innovation (AIOTI) and the ICT Multi-Stakeholder platform; is aware of the growing number of platforms, groups, meetings and channels for ICT standards, which sometimes might create fragmentation and duplication of standards and stresses the need to better coordinate ICT standards and standardisation priorities among the different organisations;
Amendment 86 #
2016/2274(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Warns against the risks of proprietary solutions and agrees that ICT standardisation policy need to be based on open and accessible SEPs within fair, reasonable and non-discriminatory licensing terms to address the legitimate interests of both SEP holders and of potential licensees and to ensure that standardisation process presents a level playing field, where companies of all sizes, including SMEs, can collaborate in a mutually beneficial manner;
Amendment 101 #
2016/2274(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Regrets that it was not consulted prior to the adoption of the package, and urges the European institutions to align the different initiatives into a single strategic, holistic work programme avoiding duplication of actions and policies; Stresses that the relevant committee of the European Parliament can play an important role in the public scrutiny of harmonised standard mandated by the Commission;
Amendment 106 #
2016/2274(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Encourages Member States to invest in national standardisation strategies which will also help and encourage public sector, standardisation bodies, societal stakeholders, SMEs and academia at national level to develop and implement individual standardisation action plans;
Amendment 122 #
2016/2274(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Stresses that demographic ageing in Europe requires systematic incorporation of the needs of older persons and persons with disabilities, and other vulnerable members of society, in the development of standards, which are a suitable tool to help achieve active and healthy society in Europe and to increase the accessibility of products and services for people;
Amendment 132 #
2016/2274(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Encourages the use of new information and communication technologies to improve accessibility and transparency of standardisation processes, such as the CEN-CENELEC eLearning tool for SME's; Advocates that the use of digital tools can facilitate stakeholders participation in the development of standards and provide information about upcoming, on-going and finalised standardisation work;
Amendment 145 #
2016/2274(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Invites the Commission to adopt an easy to use single point of access to standards that can provide assistance andcontact to provide information to the users of standards’ users on the available standards and their general specifications, and that can help them find the standards that best match their need; Recommends, furthermore, information and education campaigns at national and EU level to promote the role of standards and encourages Member States to include relevant professional education courses on standards in the national education systems;
Amendment 151 #
2016/2274(INI)
Motion for a resolution
Paragraph 33 b (new)
Paragraph 33 b (new)
33 b. Calls on the Commission to prepare a European register listing existing European standards in all official EU languages, which would include also an information on the ongoing standardisation work in ESOs, existing standardisation mandates, progress and decisions of formal objections;
Amendment 1 #
2016/2273(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas EU should encourage the exchange of best practices and technologies between Member States;
Amendment 3 #
2016/2273(INI)
B. whereas better access to information and the increased use of improved digital tools for company-law- related formalities throughout the lifecycle of companies wshould reduce the administrative burden for companies, particularly where the relevant electronic public services are available across bordersserve legal certainty;
Amendment 4 #
2016/2273(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas eGovernment can strengthen political participation by enhancing citizens dialogue with public authorities and by increasing transparency;
Amendment 12 #
2016/2273(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission to raise awareness of the e-Justice Portal and its uses, and to make the e-Justice Portal a one-stop shop for relevant legal information and for access to justice in the Member States; particular attention should be paid to giving people with disabilities access to the e-Justice Portal;
Amendment 15 #
2016/2273(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses the need to maintain a human dimension where services are upgraded to electronic format, in order to enable citizens to benefit from personalised guidance and solutions;
Amendment 17 #
2016/2273(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the introduction of e- CODEX, allowing direct communications between citizens and courts in all Member States, as a major step to facilitate cross- border access to public services; calls also for interconnected databases at European level to further facilitate interoperability between legal authorities within the EU;
Amendment 22 #
2016/2273(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses the importance of cyber- security and calls for EU-wide e- Government solutions capable of securing the personal data of EU citizens;
Amendment 27 #
2016/2273(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to consider further ways to promote digital solutions for formalities throughout a company’s lifecycle, in particular for online registration processes, the electronic filing of company documents and the provision of information for business registers; notes that in this field legislation may be the only way to create an appropriate legal framework for EU- wide digital solutions;
Amendment 28 #
2016/2273(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the idea ofCommission's intention to establish a single contact point which would allow citizens as well as businesses to obtain an overview of all relevant information through one single gateway;
Amendment 29 #
2016/2273(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls for coordination at EU level of the purchasing and implementation of e-Government solutions in order further facilitate data exchanges;
Amendment 31 #
2016/2273(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
Amendment 34 #
2016/2273(INI)
5. Considers that work on the electronic interconnection of Member States’ business and insolvency registers should be stepped up, and stresses the importance of this interconnection for the internal market; information to be provided should follow a common European template or framework.
Amendment 45 #
2016/2273(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes the benefits of cloud computing on eGovernment such as reducing the cost of ICTs for public authorities;
Amendment 51 #
2016/2273(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. DRegrets that only 28% of European households in rural areas had a fixed fast internet connection in 2015 and that the average coverage in the EU of 4G, despite being 86% in all of EU is only 36% in rural areas, and draws attention to the urgent need for continuous support for broadband expansion, especially in rural areas, since access to a high-speed broadband connection is indispensable for using and benefiting from eGovernment services; therefore calls on the Commission and the Member States to continue the adequate funding of broadband expansion, digital service infrastructures and cross-border interaction of public administration after 2020, within the scope of the Connecting Europe Facility or other suitable EU programmes; calls in this regard on operators to invest more in infrastructure to improve connectivity in rural areas and to ensure that also rural areas will benefit from very high-capacity networks in the form of 5G, since this will be a key building bloc of our digital society;
Amendment 53 #
2016/2273(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stressed that digital skills are an absolute prerequisite to participate in eGovernment;
Amendment 55 #
2016/2273(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Reiterates the need to improve the digital skills of administrative staff as well as of all citizens and businesses, by developing and supporting training activities at national, regional and local level in order to minimise the risk of digital exclusion; stresses the need to tackle and prevent digital divides between geographical areas, between people from different socioeconomic levels, and between generations;
Amendment 57 #
2016/2273(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission and the Member States to promote media literacy and internet literacy for all EU citizens, in particular vulnerable people, through initiatives and coordinated action and investment in the creation of European networks for the teaching of media literacy;
Amendment 59 #
2016/2273(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Encourages the Member States to integrate the acquisition of up-to-date digital skills into school curricula, to improve the necessary technical equipment and to promote cooperation between universities and technical colleges with the aim of developing common e-Learning curricula that are, recognised in the ECTS system; also stresses the importance of lifelong learning and the acquisition and development of digital skills at the workplace;
Amendment 61 #
2016/2273(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for aStresses the need for an inclusive, dual online and offline approach, since this is needed to avoid exclusion, taking into account the current rate of digital illiteracy and the fact that more than 22 % of Europeans, especially elderly people, refuse to use online services when dealing with public administrations; stresses that there are multiple reasons for refusal to use online services, such as unawareness, lack of skills, lack of trust, and wrong perception, and that alongside an inclusive online and offline approach, these must be tackled to remove barriers to online participation;
Amendment 88 #
2016/2273(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Emphasises that the protection of personal data is fundamental, and underlines that public administrations shouldmust handle personal data securely in line with the General Data Protection Regulation (GDPR) and the EU Rules on Privacy, thereby boosting trust in digital services;
Amendment 6 #
2016/2271(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission communication on ‘Digitising European Industry’ (COM(2016)0180); recalls the objective of raising the contribution of industry to EU GDP to 20 % by 2020; underlines the important role that digitalisation can play in this context and the urgent need to establish an ambitious EU strategy that coordinates national and regional efforts, avoids fragmentation and maximises opportunities for consumers, workers and businesses;
Amendment 10 #
2016/2271(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the need for adequate investment in research and innovation, infrastructures, cybersecurity and digital skills in order to ensure a well- functioning digital single market where industries can benefit from all its opportunities; stresses also that the EU is lagging behind its competitors in this respect and substantial additional resources are urgently needed for these investments; regrets that the communication fails to meet adequately the challenges ahead in this regard;
Amendment 18 #
2016/2271(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Regrets the increasing disparities between regions in industry competitiveness and digitalisation; calls on the European Commission to ensure that cooperation and investments at European level on industry digitalisation lead to progressive convergence between different areas, including through better coordination of existing funds, and to increased opportunities for SMEs' digitalisation;
Amendment 23 #
2016/2271(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Highlights the risk of shifting of profits from industrial players towards the owners of proprietary digital platforms and of concentration of market into the hands of few actors creating de-facto monopolies, in particular with regard to platforms; considers necessary effective and consistent actions by the competition authorities and, where necessary, legislative initiatives, to ensure fair competition between a plurality of actors, also in the digital environment;
Amendment 36 #
2016/2271(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that citizens’ and businesses’ trust in the digital environment is necessary for unlocking the full potential of industry digitalisation; calls on Member States to timely transpose the "NIS Directive" and to engage in effective cooperation in order to guarantee a safe environment in the EU for citizens and businesses; asks a series of new and concrete initiatives to strengthen resilience of businesses, especially SMEs, against cyber-attacks and welcomes the new public-private partnership on cybersecurity recently launched by European Commission;
Amendment 42 #
2016/2271(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Believes that digitalisation should provide consumers with more choice, more user-friendly and customised products and more information, in particular on the quality of the products or services, as well as on their social and environmental impacts;
Amendment 47 #
2016/2271(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Deems it necessary to ensure the full respect of workers’ and consumers’ right to privacy and to protection of their personal data in the digital environment; emphasises the importance of the correct implementation of the General Data Protection Regulation, ensuring the full application of the principle of ‘privacy by design and by default’; believes that consumers and workers should be in control of the data they produce or that are linked to the products and services they use and should be properly informed about the impact of their decisions over these issues; considers that the issue of worker-related data and their use raises important concerns and should be swiftly clarified; calls on the Commission to define some minimum requirements on this issue; underlines the need to set up an European Directive on Privacy at the workplace;
Amendment 48 #
2016/2271(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the European Commission to clarify as soon as possible safety and liability rules for autonomously acting systems (such as vehicles and drones), to ensure fast and effective legal compensation in case of incident and to harmonise the conditions for testing;
Amendment 49 #
2016/2271(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Considers interoperability necessary in particular in the domain of Internet of Things to ensure that the development of new technologies improves the opportunities for consumers, who should not be locked-in with certain specific providers; stresses the challenges relating to safety, security and liability with regard to IoT, apps and non- embedded software and calls on the Commission to put forward enhanced efforts on these issues, including in order to raise consumers' awareness and promote a safe use of these instruments;
Amendment 50 #
2016/2271(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Urges the Commission to develop comprehensive statistics which complement existing ones, such as the DESI index, in order to better evaluate digitalisation processes in different areas and sectors;
Amendment 56 #
2016/2271(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the very important consequences of industry digitalisation for society, business models, working conditions and jobs demand; regrets the lack of analysis on the part of the Commission of the social effects of the digitisation of industry; calls on the European Commission to carry on an in depth analysis on these issues, focusing also to the consequences of industry digitisation on the number and the quality of jobs, and to present it to the European Parliament by the end of 2017;
Amendment 57 #
2016/2271(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. While recognising the opportunities of industry digitalisation, stresses also certain challenges it is posing to job demands, working conditions and workers' rights, in particular in non-standard employment relationships, and highlights the necessity to ensure the full respect of employment rights and adequate social security coverage in the digital world of work; believes it is necessary to involve social partners in the definition of European and national initiative on industry digitalisation; welcomes the proposals to hold high-level roundtables and an European stakeholders forum on digitalisation; believes workers' representatives' involvement to be necessary with regard to companies' decisions over externalisation and digitalisation;
Amendment 59 #
2016/2271(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers it necessary to ensure high-quality education, lifelong learning and vocational training, including in the field of basic and advanced digital qualifications and skills, also to fight digital exclusion, and advocates for the necessary public and private investments; highlights the importance of promoting skills on non-proprietary content; stresses the necessity to work with social partners in order to anticipate skills' need in the long term and welcomes the establishment of the Grand coalition for digital jobs and of other European initiatives in this field; encourages Commission and Member States to ensure mutual recognition of digital qualifications by establishing a European certificate or grading system.
Amendment 33 #
2016/2224(INI)
Motion for a resolution
Recital E
Recital E
E. whereas whistleblowing has proved useful in a number of areas, such as public health, taxation, the environment protection, consumer protection, combating corruption and upholding social rights;
Amendment 70 #
2016/2224(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to present a horizontal legislative proposal with a view to effectively protecting whistleblowers in the EU before the end of this year; stresses that there are at present a number of possibilities for legal bases enabling the EU to take action on the matter; calls on the Commission to consider all those possibilities with the aim of proposing a broad coherent and effective mechanism;
Amendment 72 #
2016/2224(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that any future normative framework should take into account the rules, rights and duties that govern and impact on employment; further emphasises that this should be done in consultation with social partners and in compliance with collective bargaining agreements;
Amendment 86 #
2016/2224(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. considers that individuals who are outside the traditional employee-employer relationship, such as consultant, contractors, trainees, volunteers, students workers, temporary workers, former employees as well as citizens should also be given access to reporting channels and appropriate protection when they reveal information on an unlawful or wrongful act or an act which undermines the public interest;
Amendment 91 #
2016/2224(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that a breach of the public interest includes, but is not limited to, acts of corruption, criminal offences, breaches of legal obligation, miscarriage of justice, abuse of authority, conflicts of interest, unlawful use of public funds, threats to the environment, health, public safety, national security and privacy and personal data protection, tax avoidance, attacks on workers’ rights and other social rights and attacks on human rights and acts to cover up any of these breaches;
Amendment 99 #
2016/2224(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Takes the view that the public interest must take precedence over private interests and the economic significance of the information disclosed;
Amendment 100 #
2016/2224(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses that whistle-blowers must always be guaranteed effective protection, even if the disclosures do not concern unlawful acts, if the information is made available with the aim of ensuring that the public interest is not undermined;
Amendment 105 #
2016/2224(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the role of whistleblowers in revealing serious attacks on the public interest has proved its significance on many occasions over a number of years and that whistleblowers contribute to democracy, transparency of politics and economy, public information and have proved to be a crucial resource for investigative journalism and for an independent press;
Amendment 124 #
2016/2224(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that one of the barriers to whistleblowers’ activities is the absence of clearly identified means of reporting; stresses that the absence of clearly identified means of reporting causes a number of whistleblowers to remain silent; expresses its concern about the retaliation and pressures which whistleblowers face when they address the guiltywrong person or party in their organisation;
Amendment 138 #
2016/2224(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that the whistleblower should give priority to teach organisation should set clear reporting channel allowing the whistleblower to blow the whistle inside his or her organisation’s internal reporting mechanisms or to the competent authorities; stresses, however,, underlines that each employee should be informed of that reporting procedure, which should guarantee confidentiality and a treatment of the alert in an reasonable time; underlines that in the absence of a favourable response from the organisation, or if the whistleblower is at risk or urgently needs to report information, he or she must be able to turn to non-governmental organisations or the press;
Amendment 140 #
2016/2224(INI)
11a. recalls the right of the public to be informed of any wrongdoing that undermines the public interest, underlines in that respect that it should always be possible for a whistleblower to publicly disclose information on an unlawful or wrongful act or an act which undermines public interest;
Amendment 149 #
2016/2224(INI)
13. Expresses its concerns about the risks run by whistleblowers at their place of work, in particular the risks of direct or indirect retaliation by the employer and by those working for or acting on behalf of the employer; stresses that retaliation usually takes the form of suspending, slowing down or stopping career progression or even dismissal, along with psychological harassment; stresses that retaliation is a barrier to whistleblowers’ activities; believes that it is necessary to introduce protective measures against destabilising practices; takes the view that retaliation should be penalised and sanctioned effectively; stresses that, once somebody is recognised as a whistleblower, the measures taken against him or her should be brought to an end and whistleblower should receive full compensation for the prejudice and damage incurred;
Amendment 160 #
2016/2224(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Expresses its concern about the practice of gagging orders, which involve filing or threatening to file lawsuits against the whistleblower not in an effort to have him or her convicted, but in an effort to bring about self-censorship or financial, mental or psychological exhaustion; believes that such abuse of process should be subject to criminal penalties and sanctions;
Amendment 167 #
2016/2224(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Points out the risk that whistleblowers run of having legal and civil proceedings brought against them; stresses that they are often the weaker party in trials; considers it necessary to provide for a reversal of the burden of proof in respect of retaliation against and pressure on whistleblowers; takes the view that confidentiality should be guaranteed throughout the proceedings and that the identity of the whistleblower shall not be revealed without his or her consent; underlines that a breach of identity without the whistleblower' consent should be subject to criminal penalties and sanctions;
Amendment 203 #
2016/2224(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States to introduce an independent body, with sufficient budgetary resources and adequate personnel, responsible for collecting reports, verifying their credibility and guiding whistleblowers, particularly in the absence of a positive response from their organisationzation, following the response given to the alert and publishing an annual report on the alerts received and their treatment ;
Amendment 209 #
2016/2224(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to propose the establishment of a similar body at EU level, with sufficient budgetary resources and adequate personnel, responsible for coordinating Member State activities, particularly in cross-border cases; believes that that European body should also be able to collect reports, verify their credibility and guide whistleblowers when the response given by the Member State is obviously not appropriate; suggests that the latter publish an annual report on the alerts received and their treatment; considers that the European Ombudsman’s mandate could be extended to serve that purpose;
Amendment 217 #
2016/2224(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Believes that as once an alert has been recognized serious, it should lead to proper investigation and followed by appropriate measures;
Amendment 15 #
2016/2052(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges that the current geopolitical environment and the situation in Europe call for the Union to assume greater responsibilities in the fields of both external and internal security and to pursue more ambitious goals such assecurity, thus necessitating the progressive development of a defence Union and of a European Aarmy; welcomes the European Council’s conclusions of June 2015 asking for further development of both civilian and military capabilities and the strengthening of Europe’s defence industry, in particular in order to streamline and reduce costs in the defence sector;
Amendment 75 #
2016/2052(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights the importance of intensifying the synergies between security and defence and the synergies with other Union policies, and of building on integrated capabilities in order to develop common approaches in the areas of, for example, hybrid threats, terrorism, external border security, illegal immigration, common intelligence, cybersecurity and customs controls;
Amendment 66 #
2016/2038(INI)
Motion for a resolution
Recital F
Recital F
F. whereas some specific tax jurisdictions inside and outside of the EU actively contribute to designing aggressive tax policies on behalf of MNEs who thereby avoid taxation; whereas the effective corporate tax rate in some jurisdictions inside and outside of the EU is close or equal to zero per cent; whereas the complexity of different tax systems create a lack of transparency which is globally harmful;
Amendment 267 #
2016/2038(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to come up as soon as possible with a common Union list of uncooperative jurisdictions, a so-called (i.e. a ‘blacklist of tax havens’), based on sound and objective criteria, including the full implementation of OECD recommendations, BEPS actions and Asignificantly lower effective level of taxation, the existence of active harmful tax practices, advantages granted to non- resident individuals or legal entities , prevention of automatic Eexchange of Iinformation standards and welcomes the intention fromfor tax purposes with other governments and non-disclosure of the corporate structure of legal entities (including trusts, charities, foundations etc.) or the ownership of assets or rights; welcomes the Commission’s intention to reach an agreement on a common Unionsuch a list within the next six months; calls on the Member States to endorse it beforethat agreement by the end of 2016; urges on the EU and Member States to support a global process for listing problematic jurisdiction at UN level.
Amendment 542 #
2016/2038(INI)
Motion for a resolution
Recital F
Recital F
F. whereas some specific tax jurisdictions inside and outside of the EU actively contribute to designing aggressive tax policies on behalf of MNEs who thereby avoid taxation; whereas the corporate tax rate in some jurisdictions inside and outside of the EU is close or equal to zero per cent; whereas the complexity of different tax systems create a lack of transparency which is globally harmful;
Amendment 543 #
2016/2038(INI)
Motion for a resolution
Recital H
Recital H
H. whereas some specific tax jurisdictions inside and outside of the EU are not willing to reform their tax systems, despite the ongoing global initiatives and despite the fact that some of them are involved in the work of the OECD;
Amendment 544 #
2016/2038(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Urges the Commission to come forward with a proposal for a common corporate consolidated tax base (CCCTB) which would provide a comprehensive solution to harmful tax practices within the Union; believes that the consolidation of the CCCTB is essential and is becoming increasingly urgent; calls on the Member States to promptly reach an agreement on this and to swiftly implement it; stresses the need for a minimum tax rate;
Amendment 545 #
2016/2038(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Strongly emphasises that the work of whistleblowers is crucial for revealing scandals of tax evasion and avoidance, and that, therefore, protection for whistleblowers needs to be legally guaranteed and strengthened EU-wide; notes that the European Court of Human Rights and the Council of Europe have undertaken work on this issue; considers that courts and Member States should ensure the protection of legitimate business secrets while in no way hindering, hampering or stifling the capacity of whistleblowers and journalists to document and reveal illegal, wrongful, unethical, immoral, improper and harmful practices where this is clearly and overwhelmingly in the public interest; regrets that the Commission has no plans for prompt action on the matter;
Amendment 546 #
2016/2038(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Reiterates the crucial role of whistleblowers in revealing misconduct and illegal and wrongfu, wrongful, unethical, immoral, improper or illegal practices; considers that such revelations, as for example the ones which shine a light on the magnitude of tax evasion and avoidance, are clearly in the public interest, as demonstrated in the Luxleak and recent ‘Panama papers’ leak; acknowledges that whistleblowers often put their own jobs, careers and freedom at risks; stresses therefore the need for an adequate protection under EU law;
Amendment 547 #
2016/2038(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Observes that the Commission is limiting its action to monitoring developments in different areas of Union competences, without planning to take any concrete steps to tackle the issue; notes that this lack of ambition could endanger the publication of new revelations, thereby potentially leading to European tax authorities losing legitimate tax revenue; deeply regrets that the Commission has not provided a satisfactory response to the demands contained in paragraphs 144 and 145 of Parliament’s resolution of 25 November 2015; and especially to the request to come up with a clear legal framework on the protection of whistleblowers and the like before the end of June 2016;
Amendment 548 #
2016/2038(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Urges the Commission to propose as soon as possiblewithout delay a clear legal framework to guarantee the effective protection of whistleblowers, as well as of journalists and other persons connected with the press who aid and facilitate them; calls on the Member States to revise their current legislation with a view to preventing prosecution in such casof persons in such cases exposing wrongful, unethical, immoral, improper or illegal practices;
Amendment 60 #
2016/0404(COD)
Proposal for a directive
Recital 2
Recital 2
(2) In the absence of specific provisions harmonising the requirements on access to a regulated profession or its pursuit laid down in Union law, it is the Member States’ prerogative to decide whether and how to regulate a profession within the limits of the principles of non- discrimination, justification and proportionality.
Amendment 61 #
2016/0404(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Directive 2005/36/EC of the European Parliament and of the Council24 established the obligation for Member States to assess the non-discrimination, justification and proportionality of their requirements restricting access to or pursuit of regulated professions and to communicate to the Commission the results of the assessment, launching the so- called mutual evaluation process. That process meant that Member States had to carry out a screening of all their legislation on all professions regulated in their territory. __________________ 24 Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p.22).
Amendment 65 #
2016/0404(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The activities covered by this Directive should concern the regulated professions falling within the scope of Directive 2005/36/EC. For the purpose of this Directive, the term “regulated profession” should refer to both existing regulated professions as defined in Directive 2005/36/EC and professions that Member States are considering to regulate with the result that they will fall under the definition of “regulated profession” in Directive 2005/36/EC. This Directive should apply in addition to Directive 2005/36/EC and without prejudice to other provisions laid down in a separate Union act concerning access to, and the exercise of a given regulated profession.
Amendment 69 #
2016/0404(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The right to determine the level of protection that Member States wish to provide to public health as well as the means and methods to reach that level lies solely with the Member States and health and life of humans rank foremost among the interests protected by the TFUE. The measures regarding the assessment of non-discrimination, justification and proportionality, as set out in specific provisions of this Directive, should therefore not apply to requirements concerning the regulation of professions providing healthcare services whether or not these are provided via healthcare facilities, and regardless of the way in which they are organised and financed at national level or whether they are public or private. Notwithstanding, provisions pertaining to consultation, exchange of information and transparency as set out in this Directive should remain applicable for such requirements. Requirements concerning the regulation of professions providing healthcare services remain as well subject to Directive 2005/36/EC, including the principles of non- discrimination, justification and proportionality and the procedures defined in Article 59 of that Directive.
Amendment 74 #
2016/0404(COD)
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7 b) This Directive is without prejudice to national education and training structures and to the competence of Member States to define the organisation and the content of their systems of education and professional training;
Amendment 82 #
2016/0404(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Regulation of professions plays a key role in protecting public interest objectives and should, inter alia, contribute to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health and to environmental and consumer protection; effective professional regulation is furthermore of paramount importance in order to ensure high quality products and services;
Amendment 83 #
2016/0404(COD)
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8 b) It is for the Member States to determine the level of protection which they wish to afford to the public interest objectives and the proportionate way in which that level is to be achieved. The fact that one Member State imposes less strict rules than another Member State does not mean that the latter Member State’s rules are disproportionate and therefore incompatible with EU law;
Amendment 84 #
2016/0404(COD)
Proposal for a directive
Recital 8 c (new)
Recital 8 c (new)
(8 c) Member States should undertake an assessment of non-discrimination, justification and proportionality in accordance with the rules laid down in this Directive before introducing new, or amending existing, essential legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, taking into account the reasonable margin of appreciation allowed to Member States. The extent and degree of intensity of the assessment shall be proportionate to the nature, the content and the impact of the provisions being introduced. Provisions which would not restrict access to or pursuit of regulated professions, such as editorial amendments, or adaptations to content of training courses or modernisation of training regulations, should not fall within the scope of this Directive.
Amendment 89 #
2016/0404(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The burden of proof of justification and proportionality lies on the Member States. The reasons for regulation invoked by a Member State by way of justifMember States should ensure that any measure introducing new, or amending existing, essential legislative, regulatory or administrative provisions restrication should thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that State and byng access to or pursuit of regulated professions is accompanied by an explanation making it possible to appraise compliance with the principles of non-discrimination, justification and proportionality, which should include specific evidencelements substantiating its arguments.
Amendment 93 #
2016/0404(COD)
Proposal for a directive
Recital 10
Recital 10
(10) It is appropriate to monitor the non- discrimination, justification and proportionality of the essential provisions restricting access to or pursuit of regulated professions on a regular basis and with a frequency appropriate to the regulation concerned. A review of theafter adoption. A review of the non-discrimination, justification and proportionality of restrictive national legislation in the area of regulated professions should be based not only on the objective of that legislation at the time of its adoption, but also on the effects of the legislation, assessed after its adoption. TheSuch assessment of the proportionality of the national legislation should be based on significant developments found to have occurred in the area since the legislation was adopted.
Amendment 94 #
2016/0404(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Member States should carry out the non-discrimination, justification and proportionality assessments in an objective and independent manner, including where a profession is regulated indirectly, by giving a particular professional body the power to do so. In particular, while the assessment of the local authorities, regulatory bodies or professional organisations, whose greater proximity to local conditions and specialised knowledge could in certain cases make them better placed to identify the best way of meeting the public interest objectives, there is particular reason for concern in cases where the policy choice made by those authorities or bodies provides benefits to established operators at the expense of new market entrants.
Amendment 102 #
2016/0404(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Where the taking-up and pursuit of certain employed or self-employed activities are conditional on complying with certain provisions relating to specific professional qualifications, laid down directly or indirectly by the Member States, it is necessary to ensure that such provisions are justified by public interest objectives, such as those within the meaning of the Treaty, namely public policy, public security and public health or by overriding reasons of general interest, recognised as such in the case-law of the Court of Justice. It is important to ensure that public interest objectives are adequately identified in order to determine the intensity of the regulation. For example, in order to ensure a high level of protection of public health, Member States should enjoy a margin of discretion to decide on the degree of protection which they wish to afford to public health and on the way in which that protection is to be achieved. It is also necessary to clarify that among theIt is also useful to provide certain examples of overriding reasons of general interest, which have been recognised by the European Court of Justice, arewhose case-law may continue to evolve. Such examples include: preserving the financial equilibrium of the social security system; the protection of consumers, recipients of services and workers; ensuring safe, healthy and secure working conditions; the safeguarding of the proper administration of justice; fairness of trade transactions; combating fraud and, prevention of tax evasion and avoidance; road safety and effectiveness of fiscal supervision; transport safety; guaranteeing the quality of products and services; promotion of research and development; ensuring high standards of education; the protection of the environment and the urban environment; the health of animals; intellectual property; the safeguarding and conservation of the national historic and artistic heritage, social policy objectives , including the encouragement of employment and recruitment and the maintenance of employment, and cultural policy objectives. According to settled case-law, purely economic reasons, having essentially protectionist aims, as well as purely administrative reasons, such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest. Control measures should be considered justified if they are needed in order to ensure compliance with provisions justified by public interest objectives.
Amendment 111 #
2016/0404(COD)
Proposal for a directive
Recital 13
Recital 13
(13) When assessing the proportionality of the provisions, Member States should consider the criteria which are relevant for the provisions being analysed. Where a Member State intends to regulate a profession or to amend existing rules, account should be taken, where relevant, of the nature of the risks related to the public interest objectives pursued, in particular the risks to service recipients, including consumers, to professionals or third parties, also where those risks are not certain or not fully apparent, taking into account the precautionary principle. It should also be borne in mind that, in the field of professional services, there is usually an asymmetry of information between consumers and professionals. Professionals display a high level of technical knowledge which consumers may not have and consumers therefore find it difficult to judge the quality of the services provided to them.
Amendment 113 #
2016/0404(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Additionally, when making their assessments of non-discrimination, justification and proportionality Member States should also, where relevant, give full consideration to citizens' rights of access to justice, as guaranteed pursuant to Article 47 of the Charter of Fundamental Rights of the European Union.
Amendment 115 #
2016/0404(COD)
Proposal for a directive
Recital 14
Recital 14
(14) To meet the requirement of proportionality, the measure should be suitable for securing the attainment of the objective pursued. A measure should only be considered suitable for securing the attainment of the objective pursued, if it genuinely reflects a concern to attain that objective in a consistent and systematic manner, for instance where similar risks related to certain activities are addressed in a comparable way and where any exceptions to the restrictions involved are applied in line with the stated objective. Furthermore, the national measure should contribute to achieving the objective pursued and therefore, where it has no effect on the ground for justification, it should not be considered as suitable.
Amendment 118 #
2016/0404(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Among the elements to be taken into account by national authoriti, where relevant, by Member States, the following are of most relevance: the link between the scope of professional activities covered by a profession and the professional qualification required; the complexity of the tasks in particular as regards the level, the nature and the duration of the training or experience required; the existence of different routes to obtain the professional qualification; the scope of the professional activities, reserved to holders of a particular professional qualification, and in particular whether the activities reserved to certain professionals can be shared with other professionals; the degree of autonomy in exercising a regulated profession in particular where the activities relating to a regulated profession are pursued under the control and responsibility of a duly qualified professional.
Amendment 121 #
2016/0404(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Where a Member State regulates a profession, account should be taken, where relevant, of the fact that technological developments may reduce or increase the asymmetry of information between consumers and professionals. In view of the speed of technological change and scientific progress, up-dates in access requirements may be of particular importance for a number of professions. Where developments, including technological changes, carry a risk for the public interest objectives, it is for the Member States to provide for stricter regulation ensuring that professionals keep up with those developments.
Amendment 124 #
2016/0404(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The economic impact of the measure, including a cost-benefit analysis with particular regard to the degree of competition in the market and the quality of the service provided, as well as the impact on the right to work on the quality of the service provided and on the free movement of persons and services within the Union should be duly taken into account by the competent authorities. Based on this analysis, Member States should ascertain, in particular, whether the extent of the restriction of access to or pursuit of regulated professions within the Union is proportionate to the importance of the objectives pursued and the expected gains.and on the freedom to choose an occupation should be duly taken into account, where relevant, by the Member States;
Amendment 129 #
2016/0404(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Member States should carry out a comparison between the national measure at issue and the alternative and less restrictive solutions that would allow the same objective to be attained but would impose fewer restrictions. Where the measures are justified by consumer protection and where the risks identified are limited to the relationship between the professional and the consumer without negatively affecting third parties, the objective could be attained by less restrictive means than reserving activities to professionals, such as protection of the professional title or enrolment on a professional register. Regulation by way of reserved activities should be used only in cases where the measures aim at preventing a risk of serious harm toonsider, where relevant, the possibility to use less restrictive solutions to achieve the same public interest objectives.
Amendment 138 #
2016/0404(COD)
Proposal for a directive
Recital 20
Recital 20
(20) TWhe national authoritire relevant, Member States should carry out a globaln assessment of the circumstances in which the restrictive measure is adopted and implemented and examine in particular the cumulative effect of imposing severaleffect of the new or amended provisions when combined with other requirements restricting addition to the specific professional qualificatccess to or pursuit of the profession. The taking-up and pursuit of certain activities may be conditional on complying with certain provisions such as rules relating to the organisation of the profession, compulsory membership of a professional body, professional ethics, supervision and liability. Therefore, when assessing the cumulative effect of the measures, the competent authorities should also take into account other existing requirements, such as continuous professional development,new or amended measures, Member States should also take into account, where relevant, the effects of those measures combined with other existing requirements, such as compulsory chamber membership, registration or authorisation schemes, quantitative restrictions, specific legal form requirements and shareholding requirements, territorial restrictions, multidisciplinary restrictions and incompatibility rules, requirements concerning insurance cover as well as language knowledge requirements, to the extent necessary to practise the profession. A measure introduced by a Member State cannot be regarded as necessary to achieve the objective pursued if it In carrying out this assessmentially duplicates, existing requirements which have already been introduced in the context of other rules or procedures not being amended should not be subject to the proportionality assessment.
Amendment 142 #
2016/0404(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) The need to assess the effects of additional requirements combined with existing measures does not mean that the new requirements are disproportionate, since those can have a positive effect for the public interest objectives.
Amendment 145 #
2016/0404(COD)
Proposal for a directive
Recital 21
Recital 21
(21) It is essential for the proper functioning of the internal market to ensure that Member States provide information to citizen, before introducing new, or amending existing, measures restricting access to or pursuit of regulated professions, publicly disclose the relevant information on the provisions, adequately consult citizens, service recipients, including consumers, representative associations or, social partners and other relevant stakeholders before introducing new measures restricting access to or pursuit of regulated, including those who are not members of the professions, and give them the opportunity to make known their views.
Amendment 150 #
2016/0404(COD)
Proposal for a directive
Recital 22
Recital 22
(22) To facilitapromote the exchange of best practices, each Member Statethe Commission should encourage the relevant competent authoritiMember States to share adequate and regularly updated information with other Member States on the regulation of professions and facilitate such exchange.
Amendment 156 #
2016/0404(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules on a common framework for conducting proportionality assessments before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, with a view to ensuring the proper functioning of the internal market. It does not affect Member States’ prerogative and margin of discretion to decide, in the absence of harmonisation at EU level, whether and how to regulate a profession while respecting the principles of non- discrimination, justification and proportionality.
Amendment 171 #
2016/0404(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2 a. Articles 4, 4(a), 5 and 6 of this Directive shall not apply to requirements concerning the regulation of professions providing healthcare services whether or not these are provided via healthcare facilities, and regardless of the way in which they are organised and financed at national level or whether they are public or private.
Amendment 172 #
2016/0404(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
For the purpose of this Directive, the definitions of Directive 2005/36/EC shall apply. with the understanding that the term “regulated professions” shall refer to both existing regulated professions and professions Member States are considering to regulate.
Amendment 175 #
2016/0404(COD)
Proposal for a directive
Article 4 – title
Article 4 – title
Ex ante assessment of new measures and monitoring
Amendment 177 #
2016/0404(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that before introducing newundertake an assessment of non-discrimination, justification and proportionality in accordance with the rules laid down in this Directive before introducing new, or amending existing, essential legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, the relevant competent authorities undertake antaking into account the reasonable margin of appreciation allowed to Member States. The extent of the assessment of theirshall be proportionality in accordance with the rules laid down in this Directivete to the nature, the content and the impact of the provisions being introduced.
Amendment 187 #
2016/0404(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Any provision referred to in paragraph 1 shall be accompanied by a detailed statementn explanation making it possible to appraise compliance with the principles of non- discrimination, justification and proportionality.
Amendment 191 #
2016/0404(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The reasons for considering that a provision is justified, necessarynon-discriminatory, justified and proportionate shall be substantiated by qualitative and, wherever possible, and relevant, quantitative evidenclements, taking into account the specific circumstances of that Member State.
Amendment 196 #
2016/0404(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall monitor the proportionality ofcompliance of essential legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions on a regular basis and with a frequency appropriate to the regulation concernedwith the principles of non- discrimination, justification and proportionality after adoption, having due regard to any significant developments that have occurred since the measure concerned was adopted.
Amendment 201 #
2016/0404(COD)
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Member States shall take the necessary measures to ensure that the assessment of proportionality referred to in paragraph 1 is carried out in an objective and independent manner including through involvement of independent scrutiny bodies.
Amendment 209 #
2016/0404(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The relevant competent authoritiMember States shall consider in particular whether those provisions are objectively justified on the basis of public policy, public security or public health, or by overriding reasons in the public interest, such as, for example, preserving the financial equilibrium of the social security system, the protection of consumers, recipients of services and workers, ensuring safe, healthy and secure working conditions, the safeguarding of the proper administration of justice, fairness of trade transactions, combating fraud and, prevention of tax evasion and avoidance, road safety and effectiveness of fiscal supervision, transport safety, guaranteeing the quality of products and services, promotion of research and development, ensuring high standards of education, the protection of the environment and the urban environment, the health of animals, intellectual property, the safeguarding and conservation of the national historic and artistic heritage, social policy objectives, including the encouragement of employment and recruitment and the maintenance of employment, and cultural policy objectives.
Amendment 216 #
2016/0404(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Grounds of a purely economic nature having essentially protectionist aim or effects or purely administrative reasons shall not constitute overriding reasons in the public interest, justifying a restriction on access to or pursuit of regulated professions. Control measures shall be considered justified if they are needed in order to ensure compliance with provisions justified by public interest objectives.
Amendment 222 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, Member States shall assess whether those provisions are necessary and suitable for securing the attainment of the objective pursued and do not go beyond what is necessary to attain that objective.
Amendment 228 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. When assessing the necessity and the proportionality of the provisions, the relevant competent authoritiMember States shall consider in particular, where relevant:
Amendment 232 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) the nature of the risks related to the public interest objectives pursued, in particular the risks to service recipients, including consumers, to professionals or third parties, also where the risks may be uncertain or not fully apparent, taking into account the precautionary principle;
Amendment 238 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) the suitability of the provision namely as regards its appropriateness to attain the objective pursued and whether it genuinely reflects that objective in a consistent and systematic manner and thus, addresses the risks identified in a similar way as in comparable activities;
Amendment 243 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) the necessity of the provision and in particular whether existing rules of a specific or more general nature, such as product safety legislation or consumer protection law, are insufficient to protect the objective pursued;
Amendment 264 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point f
Article 6 – paragraph 2 – point f
(f) the scope of the professional activities reserved to holders of a particular professional qualification, namely whether and why the activities reserved to certain professions can or cannot be shared with other professions;
Amendment 271 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point h
Article 6 – paragraph 2 – point h
(h) the scientific and technological developments which may reduce or increase the asymmetry of information between professionals and consumers;
Amendment 275 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point i
Article 6 – paragraph 2 – point i
(i) the economic impact of the measure, with particular regard to the degree of competition in the market and on the quality of the service provided, as well as the impactnd on the free movement of persons and services within the Union and on the freedom to choose an occupation;
Amendment 281 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point k
Article 6 – paragraph 2 – point k
(k) the cumulative effect of restrictions to both access to and pursuit of the profession, and in particular how each of those requirements contributes to and whether it is neeffect of the new or amended provisions when combined with other requirements restricting accessary to achieve the same public interest objectiveor pursuit of the profession.
Amendment 285 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 289 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. For the purposes of paragraph 2(k), the relevant competent authoritiMember States shall assess in particular the cumulative effect of imposing any of the following requiremeneffect of the new or amended provisions when combined with the following requirements, where relevant, it being understood that there might be positive as well as negative effects:
Amendment 294 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point a
Article 6 – paragraph 4 – point a
(a) reserved activities, existing alongside protected professional title;
Amendment 297 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point a a (new)
Article 6 – paragraph 4 – point a a (new)
(aa) protected professional title;
Amendment 298 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point b
Article 6 – paragraph 4 – point b
Amendment 300 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point c
Article 6 – paragraph 4 – point c
(c) rules relating to the organisation of the profession, professional ethics and superviand supervision of the profession;
Amendment 302 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point g
Article 6 – paragraph 4 – point g
(g) territorial restrictions, in particularcluding where the profession is regulated in parts of a Member State’s territory in a different manner;
Amendment 303 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point i
Article 6 – paragraph 4 – point i
(i) requirements concerning insurance cover or other means of personal or collective protection with regard to professional liability;
Amendment 313 #
2016/0404(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 318 #
2016/0404(COD)
Proposal for a directive
Article 8 – title
Article 8 – title
Exchange of information between competent authoritiMember States
Amendment 320 #
2016/0404(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of the efficient application of this Directive, before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, Member States shall encourage the exchange of information with competent authorities of other and of Directive 2005/36/EC, the Commission shall encourage and facilitate the exchange of information between Member States on matters covered by this Directive and by Directive 2005/36/EC, such as the particular way they regulate a profession or the effects of regulation identified in similar sectors of activities, on a regular basis, or, where appropriate, on an ad hoc basis.
Amendment 322 #
2016/0404(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Member States shall inform the Commission of the competentpublic authorities responsible for transmitting and receiving information for the purposes of applying paragraph 1.
Amendment 326 #
2016/0404(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The reasons for considering that provisions, assessed in accordance with this Directive, are justified, necessaryDirective 2005/36/EC and with this Directive, are non-discriminatory, justified and proportionate, and which are communicated to the Commission pursuant to paragraphs 5 and 6 of Article 59 of Directive 2005/36/EC, shall be recorded by the relevant competent authoritiMember States in the database of regulated professions, referred to in Article 59 paragraph 1 of Directive 2005/36/EC and thereafter made publicly available by the Commission.
Amendment 329 #
2016/0404(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States and other interested parties may submit comments concerning the provisions and the reasons referred to in paragraph 1 to the Commission, or to the Member State which has notificommunicated the provisions.
Amendment 87 #
2016/0359(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The objective of this Directive is to remove obstacles to the exercise of fundamental freedoms, such as the free movement of capital and freedom of establishment, which result from differences between national laws and procedures on preventive restructuring, insolvency and second chance. TWithout prejudice to workers’ fundamental rights and freedoms, this Directive aims at removing such obstacles by ensuring that viable enterprises in financial difficulties have access to effective national preventive restructuring frameworks which enable them to continue operating; that honest over indebted entrepreneurs have a second chance after a full discharge of debt after a reasonable period of time; and that the effectiveness of restructuring, insolvency and discharge procedures is improved, in particular with a view to shortening their length.
Amendment 90 #
2016/0359(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Restructuring should enable enterprises in financial difficulties to continue business in whole or in part, by changing the composition, conditions or structure of assets and liabilities or of their capital structure, including by sales of assets or parts of the business or the business itself. Preventive restructuring frameworks should above all enable the enterprises to restructure at an early stage and to avoid their insolvency. Those frameworks should maximise the total value to creditors, owners and the economy as a whole and shprevent unnecessary job losses and losses of knowledge and skills and should maximise the total value to creditors in comparison with what they would prevent unnecessary job losses and losses of knowledge and skillsceive in the event of the liquidation of assets, to owners and to the economy as a whole. They should also prevent the build-up of non-performing loans. In the restructuring process the rights of all parties involved should be protected. At the same time, non-viable businesses with no prospect of survival should be liquidated as quickly as possible.
Amendment 92 #
2016/0359(COD)
Proposal for a directive
Recital 3
Recital 3
(3) There are differences between the Member States as regards the range of the procedures available to debtors in financial difficulties in order to restructure their business. Some Member States have a limited range of procedures meaning that businesses are only able to restructure at a relatively late stage, in the context of insolvency procedures. In other Member States, restructuring is possible at an earlier stage but the procedures available are not as effective as they could be or are very formal, in particular limiting the use of out- of-court processes. Preventive solutions are a growing trend in modern insolvency law. The trend goes towards favouring approaches that, unlike the traditional approach of liquidating a business in crisis, have the aim of restoring it to health or, at least, saving those of its units which are still economically viable. That practice is praiseworthy and often helps to maintain jobs or reduce avoidable job losses. Similarly, national rules giving entrepreneurs a second chance, in particular by granting them discharge from the debts they have incurred in the course of their business, vary between Member States in respect of the length of the discharge period and the conditions for granting such a discharge.
Amendment 106 #
2016/0359(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Creditors and workers should be allowed to propose an alternative restructuring plan. Member States should define the conditions under which they may legitimately propose such a plan.
Amendment 108 #
2016/0359(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Consumer over-indebtedness is a matter of great economic and social concern and is closely related to the reduction of debt overhang. Furthermore, it is often not possible to draw a clear distinction between the consumer and business debts of an entrepreneur. A second chance regime for entrepreneurs would not be effective if the entrepreneur had to go through separate procedures, with different access conditions and discharge periods, to discharge his business personal debts and his non-business personal debts. For these reasons, although this Directive does not include binding rules on consumer over-indebtedness, Member States should be able to also apply th Member States should define discharge provisions applicable to consumers.
Amendment 112 #
2016/0359(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The earlier the debtor can detect its financial difficulties and can take appropriate action, the higher the probability of avoiding an impending insolvency or, in case of a business whose viability is permanently impaired, the more orderly and efficient the winding-up process. Access to public, free and user- friendly information on the legal procedures for restructuring and insolvency is a first step for raising awareness among debtors and entrepreneurs and for avoiding cases of insolvency. Clear information on the available preventive restructuring procedures as well as early warning tools should therefore be put in place to incentivise debtors who start to experience financial problems to take early action and to empower the workers concerned to take an active role in the restructuring process. Possible early warning mechanisms should include accounting and monitoring duties for the debtor or the debtor's management as well as reporting duties under loan agreements. In addition, third parties with relevant information such as accountants, tax and social security authorities could be incentivised or obliged under national law to flag a negative development.
Amendment 122 #
2016/0359(COD)
Proposal for a directive
Recital 19
Recital 19
(19) A debtor should be able to request the judicial or administrative authority for a temporary stay of individual enforcement actions which should also suspend the obligation to file for opening of insolvency procedures where such actions may adversely affect negotiations and hamper the prospects of a restructuring of the debtor's business. The stay of enforcement could be general, that is to say affecting all creditors, or targeted towards individual creditors. In order to provide for a fair balance between the rights of the debtor and of creditors, the stay should be granted for a period of no more than four months. Complex restructurings may, however, require more time. Member States may decide that in such cases, extensions of this period may be granted by the judicial or administrative authority, providing there is evidence that negotiations on the restructuring plan are progressing and that creditors are not unfairly prejudiced. If further extensions are granted, the judicial or administrative authority should be satisfied that there is a strong likelihood that a restructuring plan will be adopted and will succeed. Member States should ensure that any request to extend the initial duration of the stay is made within a reasonable deadline so as to allow the judiciary or administrative authorities to deliver a decision within due time. Where a judicial or administrative authority does not take a decision on the extension of a stay of enforcement before it lapses, the stay should cease to have effects on the day the stay period expires. In the interest of legal certainty, the total period of the stay should be limited to twelve months.
Amendment 127 #
2016/0359(COD)
Proposal for a directive
Recital 25
Recital 25
(25) To ensure that rights which are substantially similar are treated equitably and that restructuring plans can be adopted without unfairly prejudicing the rights of affected parties, affected parties should be treated in separate classes which reflect the class formation criteria under national law. As a minimum, secured and unsecured creditors should always be treated in separate classes. National law may provide that secured claims may be divided into secured and unsecured claims based on collateral valuation. National law should also provide that workers are part of a separate class, and it should ensure that a preferential right is attributed to this class. Member States may also stipulate specific rules supporting class formation where non-diversified or otherwise especially vulnerable creditors, such as workers or small suppliers, would benefit from such class formation. National laws should in any case ensure that adequate treatment is given to matters of particular importance for class formation purposes, such as claims from connected parties, and should contain rules that deal with contingent claims and contested claims. The judicial or administrative authority should examine class formation when a restructuring plan is submitted for confirmation, but Member States could stipulate that such authorities may also examine class formation at an earlier stage should the proposer of the plan seek validation or guidance in advance.
Amendment 131 #
2016/0359(COD)
Proposal for a directive
Recital 29
Recital 29
(29) While shareholders' or other equity holders' legitimate interests should be protected, Member States should ensure that shareholders cannot unreasonably block the adoption of restructuring plans which would bring the debtor back to viability or enable the viable parts of its business to be continued by another enterprise after its transfer. For example, the adoption of a restructuring plan should not be conditional on the agreement of the out-of-the-money equity holders, namely equity holders who, upon a valuation of the enterprise, would not receive any payment or other consideration if the normal ranking of liquidation priorities were applied. Member States can deploy different means to achieve this goal, for example by not giving equity holders the right to vote on a restructuring plan. However, where equity holders have the right to vote on a restructuring plan, a judicial or administrative authority should be able to confirm the plan notwithstanding the dissent of one or more classes of equity holders, through a cross-class cram down mechanism. More classes of equity holders may be needed where different classes of shareholdings with different rights exist. Equity holders of small and medium enterprises who are not mere investors but are the owners of the firm and contribute to the firm in other ways such as managerial expertise may not have an incentive to restructure under such conditions. For this reason, the cross-class cram-down mechanism should remain optional for the plan proposer.
Amendment 132 #
2016/0359(COD)
Proposal for a directive
Recital 31
Recital 31
(31) The success of a restructuring plan may often depend on whether there are financial resources in place to support first the operation of the business during restructuring negotiations and second the implementation of the restructuring plan after its confirmation. New financing or interim financing should therefore be exempt from avoidance actions which seek to declare such financing void, voidable or unenforceable as an act detrimental to the general body of creditors in the context of subsequent insolvency procedures. National insolvency laws providing for avoidance actions if and when the debtor becomes eventually insolvent or stipulating that new lenders may incur civil, administrative or criminal sanctions for extending credit to debtors in financial difficulties are jeopardising the availability of financing necessary for the successful negotiation and implementation of a restructuring plan. As opposed to new financing which should be confirmed by a judicial or administrative authority as part of a restructuring plan, when interim financing is extended the parties do not know whether the plan will be eventually confirmed or not. Limiting the protection of interim finance to cases where the plan is adopted by creditors or confirmed by a judicial or administrative authority would discourage the provision of interim finance. To avoid potential abuses, only financing that is reasonably and immediately necessary for the continued operation or survival of the debtor's business or the preservation or enhancement of the value of that business pending the confirmation of that plan should be protected. Protection from avoidance actions and protection from personal liability are minimum guarantees granted to interim financing and new financing. However, encouraging new lenders to take the enhanced risk of investing in a viable debtor in financial difficulties may require further incentives such as for example giving such financing priority at least over unsecured claims in subsequent insolvency procedures.
Amendment 133 #
2016/0359(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Interested affected parties should have the possibility to appeal a decision on the confirmation of a restructuring plan. However, in order to ensure the effectiveness of the plan, to reduce uncertainty and to avoid unjustifiable delays, appeals should not have suspensive effects on the implementation of a restructuring plan. Where it is established that minority creditors have suffered unjustifiable detriment under the plan, Member States should consider, as an alternative to setting aside the plan, the provision of monetary compensation to the respective dissenting creditors payable by the debtor or the creditors who voted in favour of the plan, with the exception of the workers' class.
Amendment 134 #
2016/0359(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Throughout the preventive restructuring procedures, workers should enjoy full labour law protection. In particular, this Directive is without prejudice to workers' rights guaranteed by Council Directive 98/59/EC68 , Council Directive 2001/23/EC69 , Directive 2002/14EC of the European Parliament and of the Council70 , Directive 2008/94/EC of the European Parliament and of the Council71 and Directive 2009/38/EC of the European Parliament and of the Council72 . The obligations concerning the information and consultation of workers under national law implementing the above-mentioned Directives remain fully intact. This includes obligations to inform and consult workers' representatives on the decision to have recourse to a preventive restructuring framework in accordance with Directive 2002/14/EC. Given the need to ensure an appropriate level of protection of workers, Member States should in principlebe required to exempt workers' outstanding claims, as defined in Directive 2008/94/EC, from any stay of enforcement irrespective of the question whether these claims arise before or after the stay is granted. Such a stay should be permissible only for the amounts and for the period that the payment of such claims is effectively guaranteed at the same level by other means under national law. Where Member States extend the cover of the guarantee of payment of workers' outstanding claims established by Directive 2008/94/EC to preventive restructuring procedures set up by this Directive, the exemption of workers' claims from the stay of enforcement is no longer justified to the extent covered by that guarantee. Where under national law there are limitations to the liability of guarantee institutions, either in terms of the length of the guarantee or the amount paid to workers, workers should be able to enforce their claims for any shortfall against the employer even during the stay of enforcement period. _________________ 68 Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies, OJ L 225, 12.08.1998, p. 16. 69 Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses, OJ L 82, 22.03.2001, p. 16. 70 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community, OJ L 80, 23.3.2002, p. 29. 71 Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer, OJ L 283, 28.10.2008, p. 36. 72 Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works council or a procedure in Community-scale undertakings and community-scale groups of undertakings for the purpose of informing and consulting employees, OJ L 122, 16.5.2009, p.28.
Amendment 137 #
2016/0359(COD)
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34a) Workers and their representatives should be provided with all the documents and information regarding the proposed restructuring plan in order to allow them to undertake an in-depth assessment of the various scenarios. Furthermore, workers and their representatives should be allowed active involvement in all the consultation and approval phases for the definition of the plan and should be guaranteed access to expert advice in connection with the restructuring.
Amendment 138 #
2016/0359(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Where a restructuring plan entails a transfer of part of undertaking or business, workers' rights arising from a contract of employment or from an employment relationship, notably including the right to wages, should be safeguarded in accordance with Articles 3 and 4 of Directive 2001/23/EC, without prejudice to the specific rules applying in the event of insolvency proceedings under Article 5 of that Directive and in particular the possibilities allowed by Article 5(2) of that Directivehile it should only be possible to apply Article 5 of that Directive in case of insolvency but not in case of a restructuring plan. Furthermore, in addition and without prejudice to the rights to information and consultation, including on decisions likely to lead to substantial changes in work organisation or in contractual relations with a view to reaching an agreement on such decisions, which are guaranteed by Directive 2002/14/EC, under this Directive workers who are affected by the restructuring plan should have the right to vote on it and their approval should be binding for the confirmation of the plan. For the purposes of voting on the restructuring plan, Member States may decide toshould place workers in a class separate from other classes of creditors and should ensure that this class is given a preferential right.
Amendment 158 #
2016/0359(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Member States may extend the application of thshall define procedures referred to in point (b) of paragraph 1 applicable to over indebted natural persons who are not entrepreneurs.
Amendment 166 #
2016/0359(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) 'class formation' means the grouping of affected creditors and equity holders in a restructuring plan in such a way as to reflect the rights and seniority of the affected claims and interests, taking into account possible pre-existing entitlements, liens or inter-creditor agreements, and their treatment under the restructuring plan. For the purpose of adopting a restructuring plan, creditors should be divided into different classes of creditors, where, as a minimum, secured and unsecured claims should be treated in distinct classes, whilst workers should constitute a separate privileged class;
Amendment 180 #
2016/0359(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 15 – introductory part
Article 2 – paragraph 1 – point 15 – introductory part
(15) 'practitioner in the field of restructuring' means any independent and neutral person or body appointed by a judicial or administrative authority to carry out one or more of the following tasks:
Amendment 181 #
2016/0359(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 15 – point a
Article 2 – paragraph 1 – point 15 – point a
(a) to assist the debtor or the creditors in drafting or negotiating a restructuring plan or a plan to transfer viable parts of the business;
Amendment 183 #
2016/0359(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 15 – point b
Article 2 – paragraph 1 – point 15 – point b
(b) to supervise the activity of the debtor during the negotiations on a restructuring or transfer plan and report to a judicial or administrative authority;
Amendment 193 #
2016/0359(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 196 #
2016/0359(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Member States shall ensure that workers’ representatives can communicate concerns to debtors and entrepreneurs about the situation of the business. Member States shall also ensure that workers’ representatives are in a position to have recourse to an independent expert of their choice and are given access to relevant, up-to-date, clear and user-friendly information regarding the situation of the business and the different restructuring strategies being envisaged, including a transfer to worker ownership;
Amendment 197 #
2016/0359(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that, where there is likelihood of insolvency, debtors in financial difficulty have access to an effective preventive restructuring framework that enables them to restructure their debts or business, restore their viability and avoid insolvency or find solutions that are more satisfactory than liquidation of assets to help pay off creditors claims, protect jobs and maintain business activity.
Amendment 207 #
2016/0359(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Preventive restructuring frameworks shall be available on the application by debtors, by workers or by creditors with the agreement of debtors.
Amendment 215 #
2016/0359(COD)
Proposal for a directive
Article 5 – paragraph 3 – introductory part
Article 5 – paragraph 3 – introductory part
3. Member States mayshall require the appointment of a practitioner in the field of restructuring in the following cases:
Amendment 232 #
2016/0359(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Paragraph 2 shall not apply to workers' outstanding claims except if and to the extent that Member States ensure by other means that the payment of such claims is guaranteed at a level of protection at least equivalent to that provided for under the relevant national law transposing Directive 2008/94/ECthe same level.
Amendment 255 #
2016/0359(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States may derogate from paragraph 1 where the debtor becomes illiquid and therefore unable to pay his debts as they fall due during the stay period. In that case, Member States shall ensure that restructuring procedures are not automatically terminated and that, upon examining the prospects for achieving an agreement on a successful restructuring plan or economically viable business transfer within the period of the stay, a judicial or administrative authority may decide to defer the opening of insolvency procedure and keep in place the benefit of the stay of individual enforcement actions.
Amendment 268 #
2016/0359(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) a valuation of the present value of the debtor or the debtor's business as well as a reasoned statement on the causes and the extent of the financial difficulties of the debtor; , including a description of any assets, debts and their location; this shall include an evaluation of the financial obligations relating to and the financial flows towards and from the business' parent companies and subsidiaries, in order to estimate the financial capacity of the debtor's economic group when joint responsibility may arise.
Amendment 271 #
2016/0359(COD)
Proposal for a directive
Article 8 – paragraph 1 – point f – point iii a (new)
Article 8 – paragraph 1 – point f – point iii a (new)
(iiia) all organisational aspects and possible consequences on employment levels, emanating from the restructuring plan, including the impact on subsidiaries and subcontractors, on working conditions and remuneration of workers;
Amendment 272 #
2016/0359(COD)
Proposal for a directive
Article 8 – paragraph 1 – point f – point iii b (new)
Article 8 – paragraph 1 – point f – point iii b (new)
(iiib) evidence that any negative impact will not affect occupational pension funds and schemes for retired and current workers;
Amendment 273 #
2016/0359(COD)
Proposal for a directive
Article 8 – paragraph 1 – point f – point iii c (new)
Article 8 – paragraph 1 – point f – point iii c (new)
(iiic) eventual possibilities of selling business;
Amendment 278 #
2016/0359(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Member States shall define the conditions under which creditors and workers may legitimately propose an alternative restructuring plan.
Amendment 282 #
2016/0359(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that any affected creditors have a right to vote on the adoption of a restructuring plan after having been duly informed about the procedure and its potential consequences. Member States may also grant such voting rights to affected equity holders, in accordance with Article 12(2).
Amendment 287 #
2016/0359(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure that affected parties are treated in separate classes which reflect the class formation criteria. Classes shall be formed in such a way that each class comprises claims or interests with rights that are sufficiently similar to justify considering the members of the class a homogenous group with commonality of interest. As a minimum, secured and unsecured claims shall be treated in separate classes for the purposes of adopting a restructuring plan. Member States mayshall also provide that workers are treated in a separate class of their own, and shall ensure that preferential rights are given to this class.
Amendment 293 #
2016/0359(COD)
Proposal for a directive
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. Member States shall ensure that, if the plan includes decisions likely to lead to substantial changes in work organisation or in contractual relations, workers who are affected by the restructuring plan shall have the right to vote on it and their approval shall be compulsory for confirmation of the plan.
Amendment 300 #
2016/0359(COD)
Proposal for a directive
Article 10 – paragraph 1 – point b a (new)
Article 10 – paragraph 1 – point b a (new)
(ba) restructuring plans which involve the loss of more than 10 jobs;
Amendment 301 #
2016/0359(COD)
Proposal for a directive
Article 10 – paragraph 1 – point b b (new)
Article 10 – paragraph 1 – point b b (new)
(bb) restructuring plans which are subject to counter-proposals from the class of workers or other creditors;
Amendment 312 #
2016/0359(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that, where there is a likelihood of insolvency, shareholders and other equity holders with interests in a debtor may not unreasonably prevent or create obstacles for the adoption or implementation of a restructuring plan which would restore the viability of the business.
Amendment 327 #
2016/0359(COD)
Proposal for a directive
Article 15 – paragraph 4 – point b
Article 15 – paragraph 4 – point b
(b) confirm the plan and grant monetary compensation to the dissenting creditors, payable by the debtor or by the creditors who voted in favour of the plan, with the exception of the workers' class.
Amendment 329 #
2016/0359(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States may afford grantors of new or interim financing the right to receive payment with priority in the context of subsequent liquidation procedures in relation to other creditrank new financing and interim financing seniors that would otherwise have superior or equal claims to money or assets. In such cases, Member States shall rank new financing and interim financing at least senior to the claims of ordinary unsecured creditoro the claims of ordinary unsecured creditors, but they shall never rank them senior to the claims of the workers' class.
Amendment 331 #
2016/0359(COD)
Amendment 335 #
2016/0359(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) to have due regard to the interests of creditors, workers and other stakeholders;
Amendment 349 #
2016/0359(COD)
Proposal for a directive
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. By way of derogation from Articles 19, 20 and 21, Member States mayshall maintain or introduce provisions restricting access to discharge or laying down longer periods for obtaining a full discharge or longer disqualification periods in certain well-defined circumstances and where such limitations are justified by a general interest, in particular where:
Amendment 202 #
2016/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) "ancillary online service" means an online service provided via the internet consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of linear and non-linear radio or television programmes before, simultaneously with or for a defined period of time, during or after their broadcast by the broadcasting organisation, as well as of any materialnd of any content produced by or for the broadcasting organisation which is ancillary to suchincluding without any connection to the broadcast;
Amendment 268 #
2016/0284(COD)
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2 a Mediation 1.Where an agreement is being negotiated between a broadcasting organisation and a producer of audiovisual works regarding the clearance of rights for the provision of such works on an online service provided in accordance with Article 2, Member States shall ensure that either party may call upon the assistance of one or more mediators in order to enable reaching an agreement on terms acceptable to both parties. 2.Member States shall also ensure that the mechanism set out in paragraph 1 can apply in the context of the implementation of an agreement concluded between a broadcasting organisation and a producer of audiovisual works, in particular where the parties enter into a dispute or fail to reach an agreement in relation to the amount of the payment to be made to the producer or in relation to the online exploitation of the works. 3.The task of the mediators shall be to provide assistance with negotiation.They may also submit proposals to the parties. 4.The mediators shall be so selected that their independence and impartiality are beyond reasonable doubt.
Amendment 183 #
2016/0280(COD)
Proposal for a directive
Recital 15
Recital 15
(15) While distance learning and cross- border education programmes are mostly developed at higher education level, digital tools and resources are increasingly used at all education levels, in particular to improve and enrich the learning experience. The exception or limitation provided for in this Directive should therefore benefit all educational establishments in primary, secondary, vocational and higher education, as well as organizations such as libraries and other cultural heritage institutions providing non-formal education to the extent they pursue their educational activity for a non- commercial purpose. The organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non- commercial nature of the activity.
Amendment 424 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
In order to ensure the functioning of any licensing agreement, information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject- matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject-matter, s. Such as implementing effective technologiesmeasures should respect users' rights and process personal data according to Directive 95/46/EC and the Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation) . This obligation should also apply when the information society service providers are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC.
Amendment 446 #
2016/0280(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Collaboration between information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject-matter uploaded by their users and rightholders is essential for the functioning of technologies, such as content recognition technologies. In such cases, rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies, to allow the assessment of their appropriateness. The services should in particular provide rightholders with information on the type of technologies used, the way they are operated and their success rate for the recognition of rightholders' content. Those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement.
Amendment 495 #
2016/0280(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. Except in the cases referred to in Article 6, this Directive shall leave intact and shall in no way affect existing rules laid down in the Directives currently in force in this area, in particular Directives 96/9/EC, 2000/31/EC, 2001/29/EC, 2006/115/EC, 2009/24/EC, 2012/28/EU and 2014/26/EU.
Amendment 496 #
2016/0280(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The processing of personal data carried out within the framework of this Directive shall be subject to Directive 95/46/EC and the General Data Protection Regulation.
Amendment 511 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
(2) ‘'text and data mining’' means any automated analytical technique aiming to analyse text and datawhich analyses works and other subject matter in digital form in order to generate information such as, including, but not limited to, patterns, trends and correlations;.
Amendment 543 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall provide for an exception to the rights provided for in Articles 2, 3 and 4 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, and Article 11(1) of this Directive for reproductions and extractions, made by research organisations in order to carry out text and data mining of works or other subject-matter to which they have lawful access for the purposes of scientific researchas long as the body performing these acts has lawful access.
Amendment 555 #
2016/0280(COD)
3. Rightholders shall not be allowed to apply measures to ensure the security and integrity of the networks and databases where the works or other subject-matter are hosted. Such measures shall not go beyond what is necessary to achieve that objective.prevent or to hinder beneficiaries from benefiting from the exception provided in paragraph 1
Amendment 561 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States shall encourage rightholders and research organisationbeneficiaries to define commonly-agreed best practices concerning the application of the measures referred to in paragraph 3.
Amendment 580 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall provide for an exception or limitation to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1) of Directive 2009/24/EC and Article 11(1) of this Directive in order to allow for the digital use of works and other subject- matter for the sole purpose of illustration for teaching or scientific research, to the extent justified by the non-commercial purpose to be achieved, provided that the use:
Amendment 591 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) takes place on the premises of an educational establishment or other educational venue, such as cultural heritage institutions, or through a secure electronic network accessible only by the educational establishment's pupils or students and teaching staff;
Amendment 617 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Member States availing themselves of the provision of the first subparagraph shall take the necessary measures to ensure appropriate availability and visibility of the licences authorising the acts described in paragraph 1 for educational establishments and cultural heritage institutions.
Amendment 643 #
2016/0280(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1)(a) of Directive 2009/24/EC and Article 11(1) of this Directive, permitting cultural heritage institutions or educational facilities, to make copies of any works or other subject-matter that are permanently in their collections, in any format or medium, for the sole purpose of the preservation of such works or other subject-matter and to the extent necessary for such preservation.
Amendment 651 #
2016/0280(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States shall recognise that once a work is in the public domain because the copyright and other related rights therein have expired or never existed, accurate reproductions in full or in part of that work shall not be subject to copyright or related rights.
Amendment 668 #
2016/0280(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Amendment 693 #
2016/0280(COD)
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. Member States shall provide for exceptions to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC, Article 5(a) and Article 7(1) of Directive 96/9/EC, Article 4(1) of Directive 2009/24/EC and Article 11(1) of this Directive in order to allow cultural heritage institutions to make copies of out-of-commerce works that are permanently located in their collections publicly available for non-commercial purposes on their websites, provided that the name of the author or another identifiable rightholder is indicated, unless such indication turns out to be impossible.
Amendment 812 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store and provide to the public access to large amounts of works or other subject-matter uploaded by their users shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter or either conclude agreements with rightholders for the use of their works or other subject-matter and take measures, in cooperation with rightholders, to ensure the functioning of such agreements or take measures to prevent the availability on their services of works or other subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recogni referred to in the first sentence shall be appropriate and proportion atechnologies, shall be appropriate and proportionate and shall respect users' rights and process personal data according to Directive 95/46/EC and the General Data Protection Regulation. The service providers shall provide rightholders with adequate information on the functioning and the deployment of those measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matteruse of the works and other subject- matter. This paragraph shall cover all the service providers which play an active role, including by optimising the presentation of the uploaded works or subject-matter or promoting them, and that are therefore not covered by Article 14 of Directive 2000/31/EC.
Amendment 863 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall facilitate, where appropriate, the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices, such as appropriate and proportionate content recognition technologies, taking into account, among others, the nature of the services, the availability of the technologies and their effectiveness in light of technological developments.
Amendment 893 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector, timely, adequccurate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights, notably as regards modes of exploitation, revenues generated and remuneration due.
Amendment 901 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate level of transparency in every sector. However, in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance, Member States may adjust the obligation in paragraph 1, provided that the obligation remains effective and ensures an appropriate level of transparency.
Amendment 909 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 945 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall ensure that authors and performers are entitled to request additional, proportionate and appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances.
Amendment 961 #
2016/0280(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Member States shall ensure that contracts include a rights reversion mechanism, allowing authors to terminate a contract in cases of unsatisfactory promotion, remuneration or lack of transparency.
Amendment 98 #
2016/0151(COD)
Draft legislative resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the study on "Linear and on-demand audiovisual media services in Europe 2015", published by the European Audiovisual Observatory in June 2016,
Amendment 99 #
2016/0151(COD)
Draft legislative resolution
Citation 5 b (new)
Citation 5 b (new)
- having regard to the study "Analysis of the implementation of the provisions contained in the AVMSD concerning the protection of minors", published by the European Audiovisual Observatory in November 2015,
Amendment 187 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2010/13/EU
Article 7
Article 7
(10) Article 7 is deleted;replaced by the following: 'Article 7 1. Member States shall take measures to ensure that services provided by media service providers under their jurisdiction are made gradually accessible to people with a visual or hearing disability in line with their obligations under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) . 2. Member States shall require an annual report from the media service providers under their jurisdiction on the process towards increased accessibility for their services. 3. The European Commission and ERGA shall promote the exchange of best practices within the field of accessibility between different Member States and media service providers.'
Amendment 221 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2010/13/EU
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The most harmful content, such as gratuitous violence and pornography, shall be subject to the strictest measures, such as encryption and effective parental controls, together with the measures mentioned above.;
Amendment 245 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2010/13/EU
Article 20 – paragraph 2
Article 20 – paragraph 2
The transmission of films made for television (excluding series, serials and documentaries), cinematographic works and news programmes may be interrupted by television advertising and/or teleshopping once for each scheduled period of at least 230 minutes.;
Amendment 251 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The daily proportion of television advertising spots and teleshopping spots within the period between 7:00 and 23:00a given clock hour shall not exceed 20 %.
Amendment 265 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Amendment 267 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 1 – point a
Article 28a – paragraph 1 – point a
(a) protect minors from content which may impair their physical, mental or moral development. Such content shall only be made available in such a way as to ensure that minors will not normally hear or see it. These measures may include selecting the time of their availability, age verification tools or other technical measures;
Amendment 275 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 1 – point b
Article 28a – paragraph 1 – point b
(b) protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, race, colour, religion or belief, disability, descent or national or ethnic origin.
Amendment 284 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 2 – subparagraph 1
Article 28a – paragraph 2 – subparagraph 1
What constitutes an appropriate measure for the purposes of paragraph 1 shall be determined in light of the nature of the content in question, the harm it may cause, the characteristics of the category of persons to be protected as well as the rights and legitimate interests at stake, including those of the video-sharing platform providers and the users having created and/or uploaded the content as well as the public interest. The most harmful content, such as gratuitous violence and pornography, shall be subject to the strictest measures, such as encryption and effective parental controls. Video-sharing platform providers shall give viewers sufficient information about such content, preferably using a system of descriptors indicating the nature of the content.
Amendment 291 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 2 – point b
Article 28a – paragraph 2 – point b
(b) establishing and operating easy to use mechanisms for users of video-sharing platforms to report or flag to the video- sharing platform provider concerned the content referred to in paragraph 1 stored on its platform;
Amendment 293 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 2 – point ba (new)
Article 28a – paragraph 2 – point ba (new)
(ba) the mechanism established according to point (b) shall be constituted by transparency and must inform the user of the video-sharing platform and publicly disclose the measures taken regarding the reported and/or flagged content.
Amendment 316 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 6
Article 28a – paragraph 6
6. Member States shall ensure that complaint and redress mechanisms are publicly disclosed and available for the settlement of disputes between users and video-sharing platform providers relating to the application of the appropriate measures referred to in paragraphs 1 and 2.
Amendment 324 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 8
Article 28a – paragraph 8
8. Video-sharing platform providers or, where applicable, the organisations representing those providers in this respect shall submit to the Commission draft Union codes of conduct and amendments to existing Union codes of conduct. The Commission may request ERGA to give an opinion on the drafts, amendments or extensions of those codes of conduct. The Commission mayshall give appropriate publicity to those codes of conduct.
Amendment 410 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2010/13/EU
Chapter II – Article –2 (new)
Chapter II – Article –2 (new)
Amendment 416 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point 2
Article 1 – paragraph 1 – point 1 – point 2
Directive 2010/13/EU
Chapter II – Article –2 a (new)
Chapter II – Article –2 a (new)
Amendment 48 #
2016/0107(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The European Parliament in its resolution of 16 December 2015 on bringing transparency, coordination and convergence to corporate tax policies in the Union18 acknowledged that increased transparency in the area of corporate taxation can improve tax collection, make the work of tax authorities more efficient, support policy-makers in assessing the current taxation system to develop future legislation and ensure increased public trust and confidence in tax systems and governments. __________________ 18 2015/2010(INL) 2015/2010(INL)
Amendment 75 #
2016/0107(COD)
Proposal for a directive
Recital 5 b (new)
Recital 5 b (new)
(5b) The public information provided under Article 48f is an important tool to enhance workers' rights to information and consultation. As stressed by Directive 2002/14/EC of the European Parliament and the Council, public corporate reporting strengthens dialogue and promotes mutual trust within undertakings in order to make employees aware of adaptation needs and promotes employee involvement in the operation and future of the undertaking leading to an increase of competitiveness. Public information on the recent and probable development of the undertaking's or the establishment's activities and economic situation is essential to engage in an informed dialogue within a company.
Amendment 77 #
2016/0107(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The public should be able to scrutinise all the activities of a group when the group has certain establishments within the Union. For groups which carry out activities within the Union only through subsidiary undertakings or branches, subsidiaries and branches should publish and make accessible the report of the ultimate parent undertaking. However for reasons of proportionality and effectiveness, the obligation to publish and make accessible the report should be limited to medium-sized or large subsidiaries established and outside the Union. Multinational undertakings are operating worldwide and their corporate behaviour has a substantial impact on developing countries. Providing their citizens access to corporate country-by-country information would allow them and tax administrations in their countries to monitor, assess and/or hold those companies to account. By making the Union, or branches of a comparable size opened in a Member State. The scope of Directive 2013/34/information public for each tax jurisdictions where the multinational undertaking have operations, the EU shwould therefore be extended accordingly to branches opened in a Member State by an undertaking which is established outside the Unionincrease its policy coherence for development and limit potential tax avoidance schemes in countries where domestic resources mobilization has been identified as a key component of the EU development policy.
Amendment 269 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2013/34/EU
Article 51 – paragraph 1
Article 51 – paragraph 1
Amendment 14 #
2016/0070(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1) and 62, Article 62, Article 151 and points (a) and (b) of Article 153(1) thereof,
Amendment 36 #
2016/0070(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In view of the long duration of certain posting assignments, it is necessary to provide that, in case of posting lasting for periods higher than 246 months, the host Member State is deemed to be the country in which the work is carried out. In accordance with the principle of Rome I Regulation, the law ofapplicable terms and conditions of employment should be those established by the host Member States therefore applies to the employment contract of such posted workers if no other choice of law was made by the parties. In case a different choice was made, it cannot, however, have the result of depriving the employee of the protection afforded to him by provisions that, without prejudice to more favourable terms and conditions of employment afforded to the worker under provisions from which the parties cannot be derogated from by agreement under the law of the host Member State. This should apply from the start of the posting assignment whenever it is envisaged for more than 24 months and from the first day subsequent to the 24 months when it effectively exceeds this duration. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services in circumstances also where the posting exceeds 24 months. The purpose is merely to create legal certainty in the application of the Rome I Regulation to a specific situation, without amending that Regulation in any way. The employee will in particular enjoy the protection and benefits pursuant to the Rome I Regulationnational law which would have applied otherwise. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services.
Amendment 63 #
2016/0070(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) In the interests of transparency and in accordance with Directive 2014/67/EU1a of the European Parliament and of the Council, the continuity of the undertaking which posts the workers should be ensured in order to fight against the creation of letterbox companies. In addition, every employer should be able to demonstrate that a worker has an adequate length of service with the undertaking posting him or her. _________________ 1aDirective 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System ('the IMI Regulation') (OJ L 159, 28.5.2014, p. 11).
Amendment 64 #
2016/0070(COD)
Proposal for a directive
Recital 14 b (new)
Recital 14 b (new)
Amendment 75 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a – title
Article 2 a – title
Posting exceeding twenty-foursix months
Amendment 76 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a – paragraph 1
Article 2 a – paragraph 1
1. When the anticipated or the effective duration of posting exceeds twenty-four months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried outsix months, or when the posting is not considered to be genuine under Directive 2014/67/EU, the terms and conditions of employment of the Member State to whose territory a worker is posted and where the service is provided shall apply as long as they are more favourable for the worker than those pursuant to the law under which the individual employment contract was agreed.
Amendment 81 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a – paragraph 2
Article 2 a – paragraph 2
2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same or a similar task at the same place, - be it by another posted worker or the same posted worker returning after a break - the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least six months.
Amendment 86 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
1. Member States shall ensure that, whatever the law applicable to the employment relationship, the undertakings referred to in Article 1 (1) guarantee workers posted to their territory at least the terms and conditions of employment which covering the following matters which,laid down in the Member State where the work is carried out, are laid down:
Amendment 95 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 - subparagraph 1 - point g a (new)
Article 3 – paragraph 1 - subparagraph 1 - point g a (new)
(ga) allowances associated with the posting including reimbursement of expenditure actually incurred on account of the posting, such as expenditure on travel, board and lodging.
Amendment 114 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Directive 96/71/EC
Article 3 – paragraph 1 b
Article 3 – paragraph 1 b
1b. Member States shall provide that the undertakings referred to in Article 1(3)(c) guarantee posted workers the terms and conditions which apply pursuant to Art. 5 Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work to temporary workers hired-out by temporary agencies established in the Member State where the work is carried out. In so doing, equality of treatment shall be guaranteed between these temporary agency workers and national temporary agency workers.
Amendment 115 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c a (new)
Article 1 – paragraph 1 – point 2 – point c a (new)
Directive 96/71/EC
Article 3 – paragraph 1 c
Article 3 – paragraph 1 c
(ca) The following paragraph is inserted: "1c. Member States may also, in accordance with national law and practice and on a non-discriminatory basis, base themselves on collective agreements or arbitration awards which are, as defined by the Member State where the work is carried out, representative in the geographical area, the profession or industry concerned and which offer the most favourable terms and conditions of employment to the worker".
Amendment 117 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d a
Article 1 – paragraph 1 – point 2 – point d a
Directive 96/71/EC
Article 3 – paragraph 9 a (new)
Article 3 – paragraph 9 a (new)
(da) The following paragraph is inserted: ‘"9a. If a posting situation falls under more than two national jurisdictions, the terms and conditions of employment of the Member State to whose territory a worker is posted and where the service is provided, shall apply as long as they are more favourable for the worker than those pursuant to the law under which the individual employment contract was agreed".’
Amendment 119 #
2016/0070(COD)
(2b) The following Article is inserted: ‘"Article 6 b This Directive shall be without prejudice to the Member States' ability to apply or introduce laws and administrative provisions which are more favourable to workers or allow to promote the use of collective agreement provisions that are more favourable to workers".’
Amendment 127 #
2016/0070(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14 a) In the interests of transparency and in accordance with Directive 2014/67/EU of the European Parliament and of the Council, the continuity of the undertaking which posts the workers must be ensured in order to combat the creation of letterbox companies. In addition, every employer should be able to demonstrate that a worker has an adequate length of service with the undertaking before posting him or her.
Amendment 174 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2
Article 3 – paragraph 1 – indent 2
- by collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraph 8 or by collective agreements within the meaning of paragraph 8a:
Amendment 184 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point g a (new)
Article 3 – paragraph 1 – indent 2 – point g a (new)
(ga) allowances associated with the posting including reimbursement of expenditure actually incurred on account of the posting, such as expenditure on travel, board and lodging.
Amendment 228 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c a (new)
Article 1 – paragraph 1 – point 2 – point c a (new)
Directive 96/71/EC
Article 3 – paragraph 8 a (new)
Article 3 – paragraph 8 a (new)
(ca) The following paragraph is inserted: "8a. Member States may also, in accordance with national law and practice and on a non-discriminatory basis, base themselves on collective agreements or arbitration awards which are, as defined by the Member State where the work is carried out, representative in the geographical area, the profession or industry concerned and which offer the most favourable terms and conditions of employment to the worker"
Amendment 220 #
2016/0014(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation lays down the substantive technical and administrative type-approval requirements for motor vehicles of categories M and N and their trailers (category O), and for the systems, components and separate technical units intended for such vehicles with a view to ensuring an adequate high level of safety and environmental performance. These categories cover motor vehicles for the carriage of passengers, motor vehicles for the carriage of goods, and their trailers, respectively.
Amendment 221 #
2016/0014(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should strengthen the current type-approval framework, in particular through the introduction of provisions on market surveillance covering the lifetime of the vehicles, systems, components and separate technical units concerned. Market surveillance in the automotive sector should be introduced by specifying the obligations of the economic operators in the supply chain, the responsibilitietasks of the enforcement authorities in the Member States, and the measures to be taken when automotive products are encountered on the market that represent seriousany kind of safety or environmental risks or that do not comply with the type-approval requirements, and by establishing a European Agency for Market Surveillance of Road Transport.
Amendment 224 #
2016/0014(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) This Regulation should establish an independent motor vehicle type- approval and market surveillance agency with Union-wide responsibility for all matters relating to the type approval of motor vehicles, systems, components and separate technical units and with specific authority to designate and approve, on a case-by-case basis and at the request of manufacturers, the Member State type- approval authorities and technical services that are to carry out the necessary type-approval procedures in accordance with this Regulation. That agency should make sure that the conformity of production requirements applied by motor vehicle manufacturers are met in full and should carry out transparent and effective surveillance of the market.
Amendment 226 #
2016/0014(COD)
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
(8b) The European Agency for Market Surveillance of Road Transport will deploy independent and harmonised market surveillance activities, including checks of the conformity of production and the in service conformity. It shall coordinate and impose corrective and restrictive measures if tested or inspected vehicles, systems, components or technical units do not comply with the type-approval requirements laid down in this Regulation or any of the regulatory acts listed in Annex IV. Besides market surveillance, the agency shall perform audits on National Type Approval Authorities and keep under review the type approval process.
Amendment 236 #
2016/0014(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Designation and monitoring of technical services by the Member States, in accordance with detailed and strict criteria, should therefore be subject to supervisory controls at Union level by the Agency, including independent audits as a condition for the renewal of their notification after five years. The position of technical services vis-à-vis manufacturers should be strengthened, including their right and duty to carry out unannounced factory inspections and to conduct physical or laboratory tests on products covered by this Regulation, in order to ensure continuous compliance by manufacturers after they have obtained a type-approval for their products.
Amendment 241 #
2016/0014(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to increase transparency and mutual trust and to further align and develop the criteria for the assessment, designation, and notification of technical services, as well as extension and renewal procedures, Member States should cooperate with each other and with the CommissionAgency. They should consult each other and the CommissionAgency on questions with general relevance for the implementation of this Regulation and inform each other and the CommissionAgency on their model assessment checklist.
Amendment 249 #
2016/0014(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) When, in spite of the measures taken to ensure a coherent application and follow up of the requirements by the Member States, the competence of a technical service is in doubt, the CommissionAgency should have the possibility to investigate individual cases.
Amendment 256 #
2016/0014(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) The national fees regarding market surveillance activities carried out by the Agency in accordance with Article 5b should be levied by the Member States on the manufacturers based on the number of vehicles sold on the territory of a given Member State in a given year.
Amendment 257 #
2016/0014(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) A robust compliance enforcement mechanism is necessary in order to ensure that the requirements under this Regulation are met. Ensuring compliance with the type-approval and conformity of production requirements of the legislation governing the automotive sector should remain the key responsibility of the approval authorities, as it is an obligation closely linked to the issuing of the type- approval and requires detailed knowledge of its contentAgency. It is therefore important that the performance of approval authorities is regularly verified by means of peer- reviewsaudits by the Agency, to ensure that a uniform level of quality and stringency is applied by all approval authorities in enforcing the type- approval requirements. Moreover, it is important to provide for the verification of the correctness of the type approval itself.
Amendment 260 #
2016/0014(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Closer coordination between national authorities through information exchange and coordinated assessments under the direction of a coordinating authoritthe Agency is fundamental for ensuring a consistently high level of safety and health and environmental protection within the internal market. This should also lead to more efficient use of scarce resources at national level. For this purpose a Forum should be established for Member States and the CommissionAgency to exchange information on and to coordinate their activities related to the enforcement of type-approval legislation. The currently informal cooperation between Member States in this respect would benefit from a more formal framework.
Amendment 263 #
2016/0014(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The rules on Union market surveillance and control of products entering the Union market provided for in Regulation (EC) No 765/2008 apply to motor vehicles and their trailers, and to systems, components and separate technical units intended for such vehicles without preventing Member States from choosing the competent authorities to carry out those tasks. Market surveillance may be a competence shared between different national authorities to take account of the national market surveillance systems in the Member States established under Regulation (EC) No 765/2008. Effective coordination and monitoring at Union and national levels should guarantee that approval and market surveillance authorities enforce the new type-approval and market surveillance framework.
Amendment 268 #
2016/0014(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) It is necessary to include rules on market surveillance in this Regulation in order to reinforceestablish the Agency and to clarify the rights and obligations of the national competent authorities, to ensure effective coordinand clear distribution of tasks and obligations of theirnational market surveillance activitiesuthorities and the Agency and to clarify the applicable procedures.
Amendment 274 #
2016/0014(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to increase transparency in the approval process and facilitate the exchange of information and the independent verification by market surveillance authorities, approval authorities and the Commissionthe Agency, approval authorities and where applicable the market surveillance authorities, type approval documentation should be provided in electronic format and be made publicly available, subject to exemptions due to protection of commercial interests and the protection of personal data.
Amendment 277 #
2016/0014(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The obligatioIns of national authorities concerning market surveillance provided in this Regulation are more specific thanar as the provisions of this Regulation conflict with those laid down in Article 19 of Regulation (EC) No 765/2008 to take account of the specificities of the type-approval framework and the need to complemallocation of tasks and obligations betweent that framework with an effective market surveillance mechanism ensuring a robust ex-post verification of compliance of the products covered bye Agency and national market surveillance authorities, the provisions of this Regulation shall prevail.
Amendment 280 #
2016/0014(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 286 #
2016/0014(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In addition, the CommissionThe Agency should organise and carry out or require to carry out ex-post compliance verification tests and inspections, independent from those carried out by Member States under their national market surveillance obligations. When non- compliance is established by those tests and inspections, or where it is found that a type approval has been granted on the basis of incorrect data the Commission should be entitled to initiate Union-wide remedial actions to restore the conformity of the vehicles concerned and together with the Agency investigate the reasons for the incorrectness of the type approval. Appropriate funding should be ensured in the general budget of the Union to enable the execution of such compliance verification testing and inspections. In view of the budgetary constraints of the Multiannual Financial Framework 2014- 2020 the implementation of the legislative proposal will have to be built on existing resources and to be designed in such a manner that they do not generate additional financial resources. The Commission should be entitled to impose administrative fines where non-compliance is established.
Amendment 294 #
2016/0014(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) In order to ensure and continually improve a high level of vehicle functional safety, the protection of vehicle's occupants and other road users, and environmental protection, the introduction of new technologies based on technical and scientific progress should be facilitated by limiting the required test and documentation for granting EU type approval of such technologies.
Amendment 297 #
2016/0014(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Conformity of production is one of the cornerstones of the EU type-approval system, and therefore the arrangements set up by the manufacturer to ensure such conformity should be approved by the competent authority or by an appropriately qualified technical service designated for that purpose, and be subject to regular verification by means of independent periodic audits. In addition, approval authoritiesAgency, and be subject to regular verification. In addition, the Agency should ensure the verification of the continued conformity of the products concerned.
Amendment 303 #
2016/0014(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The assessment of reported seriousany kind of risks to safety and of harm to public health and the environment should be conducted at national level, but coordination at Union level should be ensured where the reported risk or harm may exist beyond the territory of one Member State with the objective of sharing resources and ensuring consistency regarding the corrective action to be taken to mitigate the identified risk and harm.
Amendment 307 #
2016/0014(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In order to ensure that all vehicles, systems, components and separate technical units placed on the market offer a high level of safety and environmental protection, the manufacturer or any other economic operator in the supply chain should take effective corrective measures, including the recall of vehicles, where a vehicle, system, component or separate technical unit presents a serious risk for users or the environment as referred to in Article 20 of Regulation (EC) No 765/2008. Approval authoritiesThe Agency should be empowered to assess and verify whether those measures are sufficient. The authorities of other Member States' and the Commission should have the right to take safeguard measures in case they would consider that the manufacturer's corrective measures are not sufficient.
Amendment 309 #
2016/0014(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Appropriate flexibility should be provided by means of alternative type- approval schemes for manufacturers who produce vehicles in small series. They should be able to benefit from the advantages of the Union internal market provided that their vehicles comply with the specific EU type-approval requirements for vehicles produced in small series. In certain limited cases, it is appropriate to allow for national small series type- approval. In order to prevent misuse, any simplified procedure for vehicles produced in small series should be restricted to cases of very limited production in accordance with this Regulation. It is therefore necessary to define precisely the concept of vehicles produced in small series in terms of the number of vehicles produced, the requirements to be complied with and the conditions for placing those vehicles on the market. It is equally important to specify an alternative approval scheme for individual vehicles, in particular to provide sufficient flexibility for the approval of vehicles built in multiple stages.
Amendment 313 #
2016/0014(COD)
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) Since there is currently no common structured process for the exchange of vehicle component data between vehicle manufacturers and independent operators, it is appropriate to develop principles for such an exchange of data. A future common structured process on the standardised format of the data exchanged should be developed by the European Committee for Standardization (CEN) formally, where upon the mandate given to CEN does not predetermine the level of detail this standard will provide. The CEN's work should, in particular, reflect the interests and needs of vehicle manufacturers and independent operators alike and should also investigate solutions such as open data formats described by well-defined meta-data to accommodate existing IT infrastructures.
Amendment 316 #
2016/0014(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) In order to ensure effective competition on the market for vehicle repair and maintenance information services, it is to be emphasised, that the information concerned also covers information which needs to be provided to independent operators other than repairers, and in a format which allows further electronic processing so as to ensure that the independent vehicle repair and maintenance market as a whole can compete with authorised dealers, regardless of whether the vehicle manufacturer gives such information to authorised dealers and repairers directly.
Amendment 321 #
2016/0014(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Member States should lay down rules on penalties for the infringements of this Regulation and ensure that those rules are implemented. Those penalties should be effective, proportionate and, dissuasive and guarantee that the consumer receives a fair compensation. Member States shall report the imposed penalties to the Commission annually, to monitor the coherence of the implementation of these provisions.
Amendment 327 #
2016/0014(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) In order to properly implement the compliance verification by the CommissionAgency and to ensure a level playing field for economic operators and national authorities, the Commission should be competent to impose harmonized administrative fines upon the economic operators found to have infringed upon this regulation regardless of where the vehicle, system, component or separate technical unit was originally type- approved.
Amendment 328 #
2016/0014(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Since the objectives of this Regulation, namely to lay down harmonised rules on the administrative and technical requirements for the type- approval of vehicles of categories M, N and O, and of systems, components and separate technical units, and on market surveillance of such vehicles, systems, components and separate technical units, cannot be sufficiently achieved by the Member States, but can rather, by reason of their scale and effects, be better achieved at Union level, the Union mayshould adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union by establishing the Agency. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,
Amendment 331 #
2016/0014(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation establishes the requirements for the market surveillance, throughout their lifetime, of vehicles, systems, components and separate technical units that are subject to approval in accordance with this Regulation, as well as of parts and equipment for such vehicles.
Amendment 333 #
2016/0014(COD)
Proposal for a regulation
Article 2 – paragraph 3 – introductory part
Article 2 – paragraph 3 – introductory part
3. For the following vehicles and machinery, the manufacturer may apply for type-approval or individual vehicle approval under this Regulation, provided that those vehicles fulfil the substantivall the requirements of this Regulation:
Amendment 338 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)
Article 3 – paragraph 1 – point 8 a (new)
(8a) 'defeat device' means any element of design which senses temperature, vehicle speed, engine speed (RPM), transmission gear, manifold vacuum or any other parameters for the purpose of activating, modulating, delaying or deactivating the operation of any part of the emission control system, that reduces the effectiveness of the emission control system under all ambient or engine operating conditions encountered either during normal vehicle operation or outside the type-approval test procedures;
Amendment 339 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8 b (new)
Article 3 – paragraph 1 – point 8 b (new)
(8b) Base Emission Strategy' (hereinafter 'BES') means an emission strategy that is active throughout the speed and load operating range of the engine unless an AES is activated;
Amendment 340 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8 c (new)
Article 3 – paragraph 1 – point 8 c (new)
(8c) Auxiliary Emission Strategy' (hereinafter 'AES') means an emission strategy that becomes active and replaces or modifies a base emission strategy for a specific purpose and in response to a specific set of ambient and/or operating conditions and only remains operational as long as those conditions exist;
Amendment 342 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 11 a (new)
Article 3 – paragraph 1 – point 11 a (new)
(11a) 'the European Agency for type approval and market surveillance of motor vehicles' means the central European independent authority, with the responsibility of all aspects of the type- approval process of a vehicle, system, component or separate technical unit and for carrying out the market surveillance in the European Union;
Amendment 343 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘'approval authority’' means the authority or authorities of a Member State, notified to the Commission by that Member State,designated by the European Agency for type approval and market surveillance of motor vehicles and mandated, on a case- by-case basis, by the European Agency with the competences for all aspects of the type- approval of a vehicle, system, component or separate technical unit, or of the individual vehicle approval, for the authorisation process for parts and equipment, for issuing and, if appropriate, withdrawing or refusing approval certificates, for acting as the contact point for the approval authorities of the other Member States, for designating the technical services, and for ensuring that the obligations regarding the conformity of production of the manufacturer are met;
Amendment 345 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘approval authority’ means the authority or authorities of a Member State, notified to the Agency and Commission, by that Member State, with competence for all aspects of the type-approval of a vehicle, system, component or separate technical unit, or of the individual vehicle approval, for the authorisation process for parts and equipment, for issuing and, if appropriate, withdrawing or refusing approval certificates, for acting as the contact point for the approval authorities of the other Member States, and for designating the technical services, and for ensuring that the obligations regarding the conformity of production of the manufacturer are met;
Amendment 350 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 36
Article 3 – paragraph 1 – point 36
(36) ‘technical service’ means an organisation or body designated by the approval authorityEuropean Agency for type approval and market surveillance of motor vehicles as a testing laboratory to carry out tests, or as a conformity assessment body to carry out the initial assessment and other tests or inspections;
Amendment 351 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 36
Article 3 – paragraph 1 – point 36
(36) ‘'technical service’' means an national organisation or body established on the territory of the approval authority and designated body designated by the approval authority as a testing laboratory to carry out tests, and or as a conformity assessment body to carry out the initial assessment and other tests or inspections foreseen by this regulation on behalf of the approval authority;
Amendment 354 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 46
Article 3 – paragraph 1 – point 46
(46) ‘vehicle repair and maintenance information’ means all information required for diagnosing, servicing, inspecting, periodic monitorroad worthiness testing, repairing, re-programming or re-initialising of a vehicle as well as for the fitting on vehicles of parts and equipment, and that is used or provided by the manufacturer to, including his authorised dealers and repairerpartners, dealers, repairers and network, to offer products or services for vehicle repair and maintenance purposes, including all subsequent amendments and supplements to that information;
Amendment 356 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 47 a (new)
Article 3 – paragraph 1 – point 47 a (new)
(47a) 'remote sensing' means scanning and measuring pollutant levels in a vehicle's exhaust while the vehicle is in motion using sensor-equipped instruments positioned roadside with the purpose of collecting performance data required to monitor the average on-road fleet emissions and identify excessive polluters;
Amendment 361 #
2016/0014(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Establishing an European Agency for type approval and market surveillance of motor vehicles The Commission shall establish an European independent agency for type approval and market surveillance, which will have the responsibility for: (1) all aspects of the type-approval process of a vehicle, system, component or separate technical unit, or of the individual vehicle approval and for the authorisation process for parts and equipment; (2) designating the approval authorities of the Member States and the authorized technical services and mandate them, on a case-by-case basis, with the competences for the type- approval and authorisation processes; (3) ensuring that the obligations regarding the conformity of production of the manufacturer are met; (4) carrying out the market surveillance of motor vehicles in the European Union. The Commission shall establish the Agency no later than 18 months after this legislation enter into force.
Amendment 362 #
2016/0014(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Establishing an European Agency for Market Surveillance of Road Transport The Commission shall present to the European Parliament and the Council of the European Union a regulation establishing a European independent Agency on Market Surveillance of Road Transport ("the Agency") without undue delay but no later than 12 months after this Regulation is published in the Official Journal of the European Union. Until the Agency has been established, the tasks assigned to it will be carried out by the Commission.
Amendment 363 #
2016/0014(COD)
Proposal for a regulation
Article 5 b (new)
Article 5 b (new)
Amendment 367 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall establish or appoint the approval authorities and the market surveillance authorities. Member States shall notify the CommissionAgency of the establishment and appointment of such authorities.
Amendment 368 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
That notification shall include the name of those authorities, their address, including their electronic address, and their competences. The Commission shall publish on its website a list and details of the approval authorities and, where applicable, the market surveillance authorities.
Amendment 372 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall permit the placing on the market, registration or entry into service of only those vehicles, systems, components and separate technical units that comply with the requirements set out in this Regulation. To facilitate market surveillance of in-service vehicles, Member States' registration authorities will maintain a database linking the vehicle license plates issued to each vehicle to the vehicle VIN, the vehicle type and the associated vehicle type-approval and certificate of conformity. The vehicle type and certificate of conformity information associated with any license plate observed on-road in the Union shall upon request be made promptly available without charge to the Agency, to market surveillance authorities, to national authorities, to technical service authorities and their agents.
Amendment 373 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 378 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 385 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
Amendment 389 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
Amendment 401 #
2016/0014(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Approval authorities shall ensure that the vehicle provided by the manufacturer for the purpose of type- approval testing is fully representative of the vehicle to be produced and placed on the market and which testing does not lead to test results that are systematically divergent from the performance of those vehicles operated under conditions that may reasonably be expected to be encountered in normal operation and use.
Amendment 409 #
2016/0014(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Where an approval authority is informed in accordance with Articles 8(5), 9(55b(10), 5b(11), 52(4) or 54, it shall take all necessary measures to review the approval granted and, where appropriate, correct or withdraw the approval depending on the reasons and the seriousness of the deviations demonstrated.
Amendment 412 #
2016/0014(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The Commission may adopt implementingdelegated acts to lay down the common criteria to appoint, review and assess the approval authorities at national level. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 87(2)8.
Amendment 414 #
2016/0014(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
Amendment 416 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Market surveillance authorities shallmay perform regular checks to verify compliance of vehicles, systems, components and separate technical units, throughout their lifetime, with the requirements set out in this Regulation as well as with the correctness of the type approvals. Those checks shall be performed on an adequate scale, by means of documentary checks and real- drive and laboratory tests on the basis of statistically relevant samples. When doing so, market surveillance authorities shall take account of established principles of risk assessment, complaints and other information.
Amendment 433 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
Amendment 446 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
Amendment 453 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. The market surveillance authorities of different Member StatMember States that choose to carry out market surveillance activities shall coordinate their market surveillance activities, cooperate with each other and share with each other and with the CommissionAgency the results thereof. Where appropriate, the market surveillance authorities shall agree on work-sharing and specialisation.
Amendment 459 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 10
Article 8 – paragraph 10
Amendment 467 #
Amendment 533 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
The Commission shall establishset up and chair a Forum for Exchange of Information on Enforcement (‘'the Forum’)') until the Agency is established The Agency shall take over the Commission's tasks relating to the Forum.
Amendment 543 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
This Forum shall be composed of members appointed by the Member States.
Amendment 544 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Each year representatives of the Forum shall present to the European Parliament a general report on the Forum's activities. The European Parliament or the Council may also ask at any time for a hearing of representatives of the Forum on any subject related to the Forum's activities.
Amendment 550 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Its advisory tasks shall comprise inter alia the promotion of good practices, the exchange of information on enforcement problems, cooperation, development of working methods and tools, development of an electronic information exchange procedure, evaluation of harmonised enforcement projects, penalties and joint inspections.:
Amendment 551 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 – point a (new)
Article 10 – paragraph 2 – subparagraph 2 – point a (new)
(a) the promotion of good practices, the exchange of information on enforcement, evaluation of harmonised enforcement projects.
Amendment 552 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 – point b (new)
Article 10 – paragraph 2 – subparagraph 2 – point b (new)
(b) the development of a portal for civil society and consumer organisations to report their concerns and complaints about motor vehicle performance characteristic. Such information should also be used by the agency for assessing which vehicles should undergo conformity and verification checks.
Amendment 553 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 – point c (new)
Article 10 – paragraph 2 – subparagraph 2 – point c (new)
(c) the exchange of information and advice with regard to state-of-the art technologies for the purpose of ensuring that Member States, type approval authorities and technical services are fully up to date on new technology available on the market.
Amendment 554 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 – point d (new)
Article 10 – paragraph 2 – subparagraph 2 – point d (new)
(d) informing Member States of the conformity and verification checks undertaken by the agency as described in Article 5b.
Amendment 555 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 – point e (new)
Article 10 – paragraph 2 – subparagraph 2 – point e (new)
(e) All recommendations agreed upon by the Forum shall be made public. They shall be agreed on by a simple majority.
Amendment 559 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 a (new)
Article 10 – paragraph 2 – subparagraph 2 a (new)
Amendment 579 #
2016/0014(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The manufacturer shall ensure that the vehicles, systems, components or separate technical units that he has manufactured and that have been placed on the market, or entered into service have been manufactured and approved in accordance with the requirements set out in this Regulation, and that they continue to comply with those requirements regardless of the testing method used.
Amendment 583 #
2016/0014(COD)
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. When applying for an EU type approval, the manufacturers shall demonstrate that the design of vehicles, systems components and separate technical units does not incorporate strategies that unnecessarily reduce the performance exhibited during relevant test procedure when the vehicles, systems, components and separate technical units are operated under conditions that may reasonably be expected to be encountered in normal operation and use.
Amendment 590 #
2016/0014(COD)
Proposal for a regulation
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
7a. The manufacturer must ensure that the vehicle user, upon prior information, agrees to the processing and transmission of all data being collected while using the vehicle. Where the data- processing and - forwarding is not mandatory for the safe functioning of the vehicle, the vehicle user must be able to disconnect the data transfer easily.
Amendment 593 #
2016/0014(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
A manufacturer who considers that a vehicle, system, component, separate technical unit, or part or equipment that has been placed on the market or entered into service is not in conformity with this Regulation or that the type approval has been granted on the basis incorrect data, shall immediately take the appropriate measures necessary to bring that vehicle, system, component, separate technical unit, part or equipment into conformity, to withdraw it from the market or to recall it, as appropriate. These corrective measures shall be provided free of charge for the vehicle owner.
Amendment 596 #
2016/0014(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The manufacturer shall immediately inform the approval authority that has granted the approval in detail of the non- conformity and of any measures taken. The manufacturer shall also immediately inform the Agency.
Amendment 599 #
2016/0014(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where the vehicle, system, component, separate technical unit, part or equipment presents a seriousny kind of risk, the manufacturer shall immediately provide detailed information on the non-conformity and on any measures taken to the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been made available on the market or has entered into service to that effect. The manufacture shall also immediately inform the Agency.
Amendment 604 #
2016/0014(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 1
Article 12 – paragraph 4 – subparagraph 1
The manufacturer shall, upon a reasoned request from a national authority or the Agency, provide that authority or the Agency, through the approval authority, with a copy of the EU type- approval certificate or the authorisation referred to in Article 55(1) demonstrating conformity of the vehicle, system, component or separate technical unit, in a language that can be easily understood by the national authority or the Agency.
Amendment 609 #
2016/0014(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2
Article 12 – paragraph 4 – subparagraph 2
The manufacturer shall, following a reasoned request from a national authority or the Agency, cooperate with that authority or the Agency on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market.
Amendment 613 #
2016/0014(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) following a reasoned request from an approval authority or the Agency, provide that authority or the Agency with all the information and documentation necessary to demonstrate the conformity of production of a vehicle, system, component or separate technical unit. This shall include any technical specifications at type approval and access to software and algorithms as requested;
Amendment 615 #
2016/0014(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) cooperate with the approval orand market surveillance authorities and the Agency, at their request, on any action taken to eliminate the serious risk posed by vehicles, systems, components, separate technical units, parts or equipment covered by that mandate;
Amendment 617 #
2016/0014(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. A manufacturer's representative who terminates the mandate on the grounds referred to in point (e) of paragraph 1 shall immediately inform the type approval authority that granted the approval and the CommissionAgency.
Amendment 621 #
2016/0014(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Where the importer considers that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, and in particular that it does not correspond to its type-approval, he shall not place on the market, allow to enter into service or register the vehicle, system, component or separate technical unit, until it has been brought into conformity. Where he considers that the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, he shall inform the manufacturer and the market surveillance authoritiesAgency thereof. For type- approved vehicles, systems, components and separate technical units, he shall also inform the approval authority that has granted the type-approval.
Amendment 627 #
2016/0014(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
Where a vehicle, system, component, separate technical unit, part or equipment presents a seriousny kind of risk, the importer shall immediately provide detailed information on the seriousany kind of risk to the manufacturer and, the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been placed on the market and the Agency.
Amendment 629 #
2016/0014(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
The importer shall also inform the approval and market surveillance authoritiesuthorities and the Agency of any action taken and give details, in particular of the seriousany kind of risk and of corrective measures taken by the manufacturer.
Amendment 633 #
2016/0014(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The importer shall, upon a reasoned request from a national authority or the Agency, provide that authority or the Agency with all the information and documentation necessary to demonstrate the conformity of a vehicle, system, component or separate technical unit in a language that can be easily understood by that authority or the Agency. The importer shall, following a reasoned request from a national authority, cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market.
Amendment 637 #
2016/0014(COD)
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
The distributor shall, to protect the environment, health and safety of consumers, investigate complaints and non-conformities of vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market. Furthermore, all complaints and/or non-conformities concerning environment or safety aspects of the vehicles shall be communicated to the importer or manufacturer without delay.
Amendment 645 #
2016/0014(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the distributor shall immediately provide detailed information on that serious risk to the manufacturer, the importer and, the approval and market surveillance authorities of the Member States in which that vehicle, system, component, separate technical unit, part or equipment has been made available on the market and the Agency. The distributor shall also inform them of any action taken and give details, in particular of the serious risk and of corrective measures taken by the manufacturer.
Amendment 646 #
2016/0014(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The distributor shall, following a reasoned request from a national authority or the Agency, cooperate with that authority or the Agency on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market.
Amendment 648 #
2016/0014(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
An importer or distributor shall be considered a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer under Articles 5b, 8, 11 and 12, where the importer or distributor makes available on the market, registers or is responsible for the entry into service of a vehicle, system, component or separate technical unit under its name or trademark or modifies a vehicle, system, component or separate technical unit in such a way that it may no longer comply with the applicable requirements.
Amendment 649 #
2016/0014(COD)
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
Upon a request of an approval authority or, a market surveillance authority or the Agency, for a period of ten years after the placing on the market of a vehicle and for a period of five years after the placing on the market of a system, component, separate technical unit, part or equipment, economic operators shall provide information on the following:
Amendment 654 #
2016/0014(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The EU type-approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements. Verification shall include a documentary check of all requirements covered by an EU type-approval for an incomplete type of vehicle granted in the course of a multi-stage procedure, even where granted for a different category of vehicle. It shall also include verification that performances of the systems that were granted type approval separately is still in conformity with those type approvals when incorporated to a whole vehicle. The type approval authority that approves the whole vehicle shall be the responsible authority for the type approval.
Amendment 656 #
2016/0014(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. The choice of type-approval referred to in paragraph 1 shall not affect the all applicable substantive requirements with which the approved type of vehicle has to comply with at the time of issuing of the whole- vehicle type-approval.
Amendment 660 #
2016/0014(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point b a (new)
Article 22 – paragraph 1 – point b a (new)
(ba) detailed technical descriptions and calibration specifications for all emission- related components (Base Emission Strategy);
Amendment 661 #
2016/0014(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point b b (new)
Article 22 – paragraph 1 – point b b (new)
(bb) a list of all defeat devices or any Auxiliary Emission Strategy, including a description of the parameters that are modified by any AES and the boundary conditions under which the AES operate, and indication of which AES and BES are likely to be active under all range of ambient conditions, detailed technical descriptions and calibration specifications, as well as a detailed justification of each defeat device that results in a reduction in effectiveness of the emission control system, and rationale for why it is not a defeat device prohibited under Article 5(2) of Regulation 715/2007;
Amendment 662 #
2016/0014(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The information folder shall be supplied in an electronic format to be provided by the Commission butAgency. In addition to the electronic format, the information folder may also be supplied on paper.
Amendment 667 #
2016/0014(COD)
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1
Article 23 – paragraph 4 – subparagraph 1
The approval authority and technical services shall have access to the software, hardware and to algorithms of the vehicle as well as an appropriate insight into the system development process of software and hardware, while taking into account their respective duties.
Amendment 675 #
2016/0014(COD)
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 2
Article 23 – paragraph 4 – subparagraph 2
The approval authority may, by reasonedand the responsible technical service may, by request, also require the manufacturer to supply any additional information needed, to take a decision on which tests are required, or to facilitate the execution of those tests. Any future software or calibration update, which has an effect on the approved features of the vehicle, system, component or separate technical unit within the scope of this Regulation, shall be reported to the approval authority on a regular basis. The approval authority shall decide on a case- by-case basis if such a software or calibration change requires additional scientific evidence and proof of conformity from the manufacturer. The approval authority and the responsible technical service shall observe confidentiality where necessary in order to protect commercial secrets, unless it is in the public interest, subject to the obligation of information laid down in Article 5b(4) in order to protect the interests of users in the Union. The manufacturer shall communicate to the approval authority and the technical service - in a standardised form - the version of the safety and emissions-related software at the time of the application for type-approval. In order to detect subsequent unlawful changes to the software, the technical service shall be entitled to mark the software by setting corresponding parameters.
Amendment 681 #
2016/0014(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point c a (new)
Article 24 – paragraph 2 – point c a (new)
(ca) the validity of the justification given for the installation of a defeat device in accordance with Art 5(2) of Regulation 715/2007;
Amendment 683 #
2016/0014(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The approval authority shall refuse to grant EU type-approval where it finds that a type of vehicle, system, component or separate technical unit, albeit in compliance with the applicable requirements, presents a seriousny kind of risk to safety or may seriously harm the environment or public health. In that case, it shall immediately send to the approval authorities of the other Member States and the Agency or to the Commission until an Agency has been established a detailed file explaining the reasons for its decision and setting out the evidence for its findings.
Amendment 684 #
2016/0014(COD)
Proposal for a regulation
Article 24 – paragraph 5 a (new)
Article 24 – paragraph 5 a (new)
5a. The approval authority may refuse to approve a vehicle emissions control defeat device on the basis of the information included in the information folder by consideration of currently best available technology. The approval authority shall refuse to grant EU type-approval where it finds that a defeat devices has been unlawfully incorporated.
Amendment 685 #
2016/0014(COD)
Proposal for a regulation
Article 24 – paragraph 6 – subparagraph 2
Article 24 – paragraph 6 – subparagraph 2
The approval authority or the Agency shall ask the approval authorities which approved the systems, components or separate technical units to act in accordance with Article 54(2).
Amendment 686 #
2016/0014(COD)
Proposal for a regulation
Article 24 – paragraph 6 a (new)
Article 24 – paragraph 6 a (new)
6a. The Commission shall adopt delegated acts in accordance with Article 88 to set out criteria according to which an application for one of the exceptions to the prohibition of vehicle emissions control defeat devices in accordance with Article 5(2) of Regulation (EC) No 715/2007 is evaluated and conditions under which it may be approved or rejected.
Amendment 688 #
2016/0014(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The approval authority shall, within one month of issuing or amending the EU type-approval certificate, send to the approval authorities of the other Member States and the CommissionAgency a copy of the EU type-approval certificate, together with the attachments, including the test reports referred to in Article 23, for each type of vehicle, system, component and technical unit that it has approved. That copy shall be sent by means of a common secure electronic exchange system or in the form of a secure electronic file.
Amendment 689 #
2016/0014(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 692 #
2016/0014(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Where requested by an approval authority of another Member State or the CommissionAgency, the approval authority that has issued an EU type-approval shall, within one month of receiving that request, send to the requesting approval authority a copy of the EU type-approval certificate, together with the attachments, by means of athe common secure electronic exchange system or in the form of a secure electronic file.
Amendment 695 #
2016/0014(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The approval authority shall without delay inform the approval authorities of the other Member States and the CommissionAgency of its refusal or withdrawal of any EU type-approval, stating the reasons for its decision by means of the common secure electronic exchange system or in the form of a secure electronic file.
Amendment 698 #
2016/0014(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Compliance with the technical requirements of this Regulation and of the regulatory acts listed in Annex IV shall be demonstrated by means of appropriate tests in accordance with the relevant regulatory acts listed in Annex IV, performed by means of all appropriate testing methods, performed solely and in full by designated technical services.
Amendment 700 #
2016/0014(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The manufacturer shall provide the approval authority and technical services with the vehicles, systems, components or separate technical units that are required under the relevant acts listed in Annex IV for the performance of the required tests.
Amendment 704 #
2016/0014(COD)
Proposal for a regulation
Article 28 – paragraph 3 a (new)
Article 28 – paragraph 3 a (new)
3a. In the case of whole vehicle type- approval, the authorities shall ensure that the vehicles selected for testing will not lead to the results that are systematically divergent from the performance when those vehicles are operated under conditions that may reasonably be expected to be encountered in normal operation and use.
Amendment 707 #
2016/0014(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. An approval authority that has granted an EU type-approvalThe Agency shall take the necessary measures in accordance with Annex X to verify, where necessaryapplicable in cooperation with the approval authorities of the other Member States, that the manufacturer produces the vehicles, systems, components or separate technical units in conformity with the approved type.
Amendment 709 #
2016/0014(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. An approval authority that has granted a whole-vehicle type-approvalThe Agency shall verify a statistically relevant number of samples of vehicles and certificates of conformity on their compliance with Articles 34 and 35 and shall verify that the data in the certificates of conformity are correct. The Agency shall inspect at least 20% of all type-approved vehicles placed on the European market each year.
Amendment 710 #
2016/0014(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. An approval authority that has granted an EU type-approvalThe Agency shall take the necessary measures to verify, where necessary in cooperationand applicable with the approval authorities of the other Member States, that the arrangements referred to in paragraphs 1 and 2 continue to be adequate so that vehicles, systems, components or separate technical units in production continue to conform to the approved type and certificates of conformity continue to comply with Articles 34 and 35.
Amendment 716 #
2016/0014(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority that has granted the EU type-approvalAgency shall carry out checks or tests required for EU type-approval, on samples taken at the premises of the manufacturer, including production facilities.
Amendment 721 #
2016/0014(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. An approval authority that has granted an EU type-approval andIf the Agency establishes that the manufacturer no longer produces the vehicles, systems, components or separate technical units in conformity with the approved type, or establishes that the certificates of conformity no longer comply with Articles 34 and 35, even though production is continued, shall take the necessary measures to ensure that the procedure for conformity of production is followed correctly and immediately brought back into or withdraw the type- approval.
Amendment 727 #
2016/0014(COD)
Proposal for a regulation
Article 30 – title
Article 30 – title
National fee structure for type-approvals and market surveillance costs
Amendment 730 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall establish a national fee structure to cover the costs for their type-approvals and market surveillance activities as well as for the type- approval testing and conformity of production testing and inspections carried out by the technical services they have designated.
Amendment 752 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Member States shall notify the details of their national fee structure to the other Member States and the Commissiono the Agency. The first notification shall be effected on [date of entry into force of this Regulation + 1 year]. Subsequent updates of the national fee structures shall be notified to the other Member States and to the CommissionAgency on a yearly basis.
Amendment 757 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
Amendment 764 #
2016/0014(COD)
Proposal for a regulation
Article 31 – paragraph 5 a (new)
Article 31 – paragraph 5 a (new)
5a. The approval authority shall inform the Agency and the other approval authorities of any amendments to an EU type-approval, by means of the common secure electronic exchange system or in the form of a secure electronic file.
Amendment 765 #
2016/0014(COD)
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
The amendment shall be designated a ‘revision’ where the approval authority or the Agency finds that despite the change in the particulars recorded in the information package the concerned type of vehicle, system, component or separate technical unit continues to comply with the applicable requirements for this type and that, therefore, no inspections or tests need to be repeated.
Amendment 766 #
2016/0014(COD)
Proposal for a regulation
Article 32 – paragraph 2 –introductory part
Article 32 – paragraph 2 –introductory part
The amendment shall be designated an ‘extension’ where the approval authority or the Agency finds that the particulars recorded in the information package have changed and where any of the following occurs:
Amendment 780 #
2016/0014(COD)
Proposal for a regulation
Article 33 – paragraph 4 – subparagraph 2
Article 33 – paragraph 4 – subparagraph 2
Within one month of receiving the notification referred to in the first subparagraph, the approval authority that granted the EU type-approval for the type of vehicle, system, component or separate technical unit shall inform the approval authorities of the other Member States and then the Agency accordingly.
Amendment 790 #
2016/0014(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. The granting of EU type-approvals exempting new technologies or new concepts shall be subject to authorisation by the Commission. That authorisation shall be given by means of an implementing act. That implementing delegated act. That delegated act shall be adopted in accordance with the examination procedure referred to in Article 87(2)8.
Amendment 791 #
2016/0014(COD)
Proposal for a regulation
Article 37 – paragraph 4 – subparagraph 1
Article 37 – paragraph 4 – subparagraph 1
Pending the decision on authorisation by the Commission, the approval authority may issue a provisional EU type-approval, valid only in the territory or part of the territory of the Member State of that approval authority, in respect of a type of vehicle covered by the exemption sought. The approval authority shall inform without delay the Commission and the other Member States thereof by means of a file containing the information referred to in paragraph 2.
Amendment 792 #
2016/0014(COD)
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. Where the necessary steps to adapt the regulatory acts referred to in paragraph 1 have not been taken, the Commission may authorise the extension of the provisional EU type-approval by means of a decision and at the request of the Member State that granted the provisional EU type-approval. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 87(2)8.
Amendment 807 #
2016/0014(COD)
Proposal for a regulation
Article 47 – paragraph 6
Article 47 – paragraph 6
6. Member States shall keep records of the VIN of the vehicles that they permitted to be made available on the market, registered or entered into service in accordance with this Article. To facilitate market surveillance of in-service vehicles, Member States' registration authorities will maintain a database linking the vehicle license plates issued to each vehicle to the vehicle VIN, the vehicle type and the associated vehicle type-approval and certificate of conformity. The vehicle type and certificate of conformity information associated with any license plate observed on-road in the Union shall upon request be made promptly available without charge to the Agency, to market surveillance authorities and to national authorities.
Amendment 810 #
2016/0014(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. MThe Agency or the market surveillance authorities of one Member State that have taken action pursuant to Article 20 of Regulation (EC) No 765/2008, Article 5b and Article 8 of this Regulation, or that have sufficient reason to believe that a vehicle, system, component or separate technical unit covered by this Regulation presents a serious risk to the health or safety of persons or to other aspects of the protection of public interests covered by this Regulation, shall inform without delay the approval authority that granted the approval about its findings.
Amendment 812 #
2016/0014(COD)
Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 1
Article 49 – paragraph 2 – subparagraph 1
The approval authorityies referred to in paragraph 1 shall carry out an evaluation in relation to the vehicle, system, component or separate technical unit concerned covering all the requirements laid down in this Regulation. The relevant economic operators shall cooperate fully with the Agency, approval and market surveillance authorities.
Amendment 813 #
2016/0014(COD)
Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 2
Article 49 – paragraph 2 – subparagraph 2
Where, in the course of that evaluation, the Agency or the approval authority that granted the approval finds that the vehicle, system, component or separate technical unit does not comply with the requirements laid down in this Regulation, it shall require without delay the relevant economic operator to take all appropriate corrective measures to bring the vehicle, system, component or separate technical unit into compliance with those requirements, or take restrictive measures, either to immediately withdraw the vehicle, system, component or separate technical unit from the market, or to recall it within a reasonable periodsix months, depending on the nature of the risk.
Amendment 816 #
2016/0014(COD)
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. The Agency or the relevant approval authority shall inform the CommissionAgency and the other Member States of the results of the evaluation referred to in paragraph 1 and the action required of the economic operator.
Amendment 821 #
2016/0014(COD)
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1
Article 50 – paragraph 1 – subparagraph 1
The national authorities shall inform the CommissionAgency and the other Member States without delay of the restrictive measures taken in accordance with Article 49(1) and (5).
Amendment 822 #
2016/0014(COD)
Proposal for a regulation
Article 50 – paragraph 2 – introductory part
Article 50 – paragraph 2 – introductory part
2. The Agency or the approval authority referred to in Article 49(1) shall indicate whether the non-conformity is due to either of the following:
Amendment 823 #
2016/0014(COD)
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. The Member States other than the Member State initiating the procedure or all Member States if the Agency initiated procedure shall inform within one month of the receipt of the information referred to in paragraph 1 the CommissionAgency and the other Member States of any restrictive measures adopted and of any additional information at their disposal relating to the non- conformity of the vehicle, system, component or separate technical unit concerned, and, in the event of disagreement with the notified national measure, of their objections.
Amendment 825 #
2016/0014(COD)
Proposal for a regulation
Article 50 – paragraph 4
Article 50 – paragraph 4
4. Where, within one month of the receipt of the information referred to in paragraph 1, an objection has been raised by either another Member State or the CommissionAgency in respect of a restrictive measure taken by a Member State, that measure shall be evaluated by the Commission in accordance with Article 51.
Amendment 829 #
2016/0014(COD)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
Where, during the procedure set out in Article 50(3) and (4), objections have been raised against a restrictive measure taken by a Member State, or where the Agency or the Commission has considered that a national measure is contrary to Union legislation, the Commission shall evaluate without delay the national measure after having consulted the Member States and the relevant economic operator or operators. On the basis of the results of that evaluation, the Commission shall adopt a decision on whether the national measure is considered justified or not. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 837 #
2016/0014(COD)
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 1
Article 52 – paragraph 1 – subparagraph 1
Where, having performed an evaluation under Article 49(1), a Member State or the Agency finds that vehicles, systems, components or separate technical units, although they comply with the applicable requirements or are properly marked, present a serious risk to safety or may seriously harm the environment or public health, it shall require the relevant economic operator to take all appropriate corrective measures to ensure that the vehicle, system, component or separate technical unit concerned, when placed on the market, registered or entered into service, no longer presents that risk, or it shall take restrictive measures to withdraw the vehicle, system, component or separate technical unit from the market or to recall it within a reasonable period, depending on the nature of the risk.
Amendment 839 #
2016/0014(COD)
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2
Article 52 – paragraph 1 – subparagraph 2
The Member State mayshall refuse to register such vehicles until the economic operator has taken all appropriate corrective measures.
Amendment 841 #
2016/0014(COD)
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. The Member State shall within one month of the request referred to in paragraph 1 provide the CommissionAgency and the other Member States with all available information, in particular the data necessary for the identification of the vehicle, system, component or separate technical unit concerned, the origin and the supply chain of the vehicle, system, component or separate technical unit, the nature of the risk involved and the nature and duration of the national restrictive measures taken.
Amendment 844 #
2016/0014(COD)
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. The CommissionAgency shall consult without delay the Member States and the relevant economic operator or operators and, in particular, the approval authority that granted the type-approval, and shall evaluate the national measure taken. On the basis of that evaluation, the Commission shall decide whether the national measure referred to in paragraph 1 is considered justified or not, and where necessary, propose appropriate measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 849 #
2016/0014(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Where vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, or are not in conformity with this regulation or were approved on the basis of incorrect data, the approval authorities, market surveillance authorities or the Commission mayAgency shall take the necessary restrictive measures in accordance with Article 21 of Regulation (EC) No 765/2008, to prohibit or restrict the making available on the market, registration or entry into service on the market of non-compliant vehicles, systems, components or separate technical units, or to withdraw them from that market or to recall them, including the withdrawal of the type-approval by the approval authority that granted the EU type-approval, until the relevant economic operator has taken all appropriate corrective measures to ensure that vehicles, systems, components or separate technical units are brought into conformity.
Amendment 851 #
2016/0014(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Where an approval authority or, market surveillance authority or the Agency finds that vehicles, systems, components or separate technical units are not in conformity with this Regulation or that the type-approval has been granted on the basis of incorrect data or that vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, it mayshall take all appropriate restrictive measures in accordance with Article 53(1).
Amendment 854 #
2016/0014(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. The approval authority or market surveillance authority or the CommissionAgency shall also request the approval authority that granted the EU type-approval to verify that vehicles, systems, components or separate technical units in production continue to conform to the approved type or, where applicable, that vehicles, systems, components or separate technical units already placed on the market are brought back into conformity.
Amendment 855 #
2016/0014(COD)
Proposal for a regulation
Article 54 – paragraph 5
Article 54 – paragraph 5
5. On receipt of the request referred to in paragraphs 1 to 4 the approval authority that granted the EU type-approval shall carry out an evaluation in relation to the vehicles, systems, components or separate technical units concerned covering all the requirements laid down in this Regulation. The approval authority shall also verify the data on the basis of which the approval was granted. The relevant economic operators shall fully cooperate with the approval authority. The Agency shall have the right to verify the data on basis of which the type approval authority granted the type- approval.
Amendment 859 #
2016/0014(COD)
Proposal for a regulation
Article 54 – paragraph 8 – subparagraph 1
Article 54 – paragraph 8 – subparagraph 1
Where, within one month after the notification of the restrictive measures taken by an approval authority or, a market surveillance authority or the Agency in accordance with Article 53(1), an objection has been raised by another Member State in respect of the notified restrictive measure or where the CommissionAgency establishes a non-compliance in accordance with Article 9(55b(10), the CommissionAgency shall consult without delay the Member States and the relevant economic operator or operators and, in particular, the approval authority that granted the type-approval, and shall evaluate the national measure taken. On the basis of that evaluation, the Commission may decide to take the necessary restrictive measures foreseen in Article 53(1) by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 861 #
2016/0014(COD)
Proposal for a regulation
Article 54 – paragraph 9
Article 54 – paragraph 9
9. Where, within one month after the notification of the restrictive measures taken in accordance with Article 53(1), no objection has been raised by either another Member State or by the CommissionAgency in respect of a restrictive measure taken by a Member State or the Agency, that measure shall be deemed justified. The other Member States shall ensure that similar restrictive measures are taken in respect of the vehicle, system, component or separate technical unit concerned.
Amendment 870 #
2016/0014(COD)
Proposal for a regulation
Article 56 – paragraph 4 – subparagraph 1
Article 56 – paragraph 4 – subparagraph 1
Before issuing any authorisation, the approval authority shall coordinate with the Agency to verify the existence of arrangements and procedures for ensuring effective control of the conformity of production.
Amendment 871 #
2016/0014(COD)
Proposal for a regulation
Article 56 – paragraph 4 – subparagraph 2
Article 56 – paragraph 4 – subparagraph 2
Where the approval authority or the Agency finds that the conditions for issuing the authorisation are no longer fulfilled, it shall request the manufacturer to take the necessary measures to ensure that the parts or equipment are brought into conformity. Where necessary, it shall withdraw the authoriszation or in case of the Agency required the approval authority that granted the type-approval to withdraw the authorization.
Amendment 874 #
2016/0014(COD)
Proposal for a regulation
Article 56 – paragraph 5
Article 56 – paragraph 5
5. Upon request of a national authority of another Member State or the Agency, the approval authority that has issued the authorisation shall, within one month of the receipt of that request, send to the former a copy of the issued authorisation certificate together with its attachments by means of a common secure electronic exchange system. The copy may also take the form of a secure electronic file.
Amendment 875 #
2016/0014(COD)
Proposal for a regulation
Article 56 – paragraph 6
Article 56 – paragraph 6
6. An approval authority or the Agency that disagrees with the authorisation issued by another Member State shall bring the reasons for its disagreement to the attention of the Commission. The Commission shall take the appropriate measures in order to resolve the disagreement, which may include, where necessary, requiring the withdrawal of the authorisation, after having consulted the relevant approval authorities. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 911 #
2016/0014(COD)
Proposal for a regulation
Article 65 – paragraph 3 a (new)
Article 65 – paragraph 3 a (new)
3a. For the purpose of vehicle OBD, diagnostics, repair and maintenance, the direct vehicle data stream shall to be made available through the standardized connector as specified in UN Regulation No 83, Annex XI, Appendix 1, para 6.5.1.4 and UN Regulation No 49, Annex 9B.
Amendment 996 #
2016/0014(COD)
Proposal for a regulation
Article 77 – paragraph 1 – subparagraph 1
Article 77 – paragraph 1 – subparagraph 1
Before designating a technical service, the type-approval authority shall assess it in accordance with an harmonized assessment check-list that covers at least the requirements listed in Appendix 2 of Annex V. The assessment shall include an on-site assessment of the premises of the applying technical service, and, where relevant, of any subsidiary or sub- contractor, located inside or outside the Union.
Amendment 12 #
2016/0010(CNS)
Proposal for a directive
Recital 2
Recital 2
(2) As Multi National Enterprise (MNE) Groups are active in different countries, they have the possibility of engaging in aggressive tax planning practices that are not available for domestic companies. When MNEs do so, purely domestic companies, normally small and medium- sized enterprises (SMEs) may be particularly affected as their tax burden is higher than that of MNE Groupsy pay an effective rate of tax that is much closer to statutory rates than MNEs, resulting in distortions to, and malfunctions of, the internal market. On the other hand, all Member States may suffer revenue losses and there is the risk of competition to attract MNE Groups by offering them further tax benefits. There is therefore a problem for the proper functioning of the Internal Market.
Amendment 26 #
2016/0010(CNS)
Proposal for a directive
Recital 4
Recital 4
(4) Increased transparency towards tax authorities could have the effect of giving MNE Groups an incentive to abandon certain practices and pay their fair share of tax in the country where profits are made. It would also increase the 'peer pressure' between Member States and would focus the attention of financial markets on the fiscal accountability of MNEs. Enhancing transparency for MNE Groups is therefore an essential part of tackling base erosion and profit shifting.
Amendment 31 #
2016/0010(CNS)
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) When extending the automatic exchange of information at Union and global levels, due regard should be had to the European Parliament report on the proposal for a directive of the European Parliament and of the Council amending Directive 2007/36/EC as regards the encouragement of long-term shareholder engagement and Directive 2013/34/EU as regards certain elements of the corporate governance statement.
Amendment 32 #
2016/0010(CNS)
Proposal for a directive
Recital 4 c (new)
Recital 4 c (new)
(4c) Due regard should also be had to the European Parliament resolution of 25 November 2015 on tax rulings and other measures similar in nature or effect.
Amendment 33 #
2016/0010(CNS)
Proposal for a directive
Recital 4 d (new)
Recital 4 d (new)
(4d) When extending the automatic exchange of information at Union and global levels, due regard should also be had to the European Parliament resolution of 16 December 2015 with recommendations to the Commission on bringing transparency, coordination and convergence to corporate tax policies in the Union.
Amendment 38 #
2016/0010(CNS)
Proposal for a directive
Recital 6
Recital 6
(6) In the country-by-country report, MNEs Groups should provide annually and for each tax jurisdiction in which they do business the amount of revenue, profit before income tax and income tax paid and accrued, but also public subsidies received, the value of assets and annual cost of maintaining them, and sales and purchases. MNE Groups should also report number of their employees, stated capital, retained earnings and tangible assets in each tax jurisdiction. Finally, MNE Groups should identify each entity within the group doing business in a particular tax jurisdiction and should provide an indication of the business activities each entity engages in.
Amendment 39 #
2016/0010(CNS)
Proposal for a directive
Recital 7
Recital 7
(7) In order to enhance the efficient use of public resources and reduce the administrative burden for MNE Groups, the reporting obligation should only apply to MNE Groups with annual consolidated group revenue exceeding a certain amountEUR 40 million, in line with the definition of a large undertaking in Directive 2013/34/EU of the European Parliament and of the Council on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, and consistent with the proposed country-by-country reporting in the revision of Directive 2007/36/EC. The Directive should ensure that the same information is collected and made available to tax administrations in a timely manner throughout the EU.
Amendment 47 #
2016/0010(CNS)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Member States should ensure that they maintain or increase the level of human, technical and financial resources dedicated to the automatic exchange of information and data processing within tax administrations.
Amendment 54 #
2016/0010(CNS)
Proposal for a directive
Recital 12
Recital 12
(12) TIn the absence of a Union definition of permanent establishment, the mandatory automatic exchange of country- by-country reports between Member States should in each case include the communication of a defined set of basic information that would be accessible to thoseall Member States in which, on the basis of the information in the country- by-country report, one or more entities of the MNE Group are either resident for tax purposes, or are subject to tax with respect to the business carried out through a permanent establishment of an MNE Group.
Amendment 63 #
2016/0010(CNS)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) In the event that a Member State determines that another Member State persistently fails to automatically provide country-by-country reports, it should in the first instance consult that Member State and, if that does not lead to resolution of the problem, it should report that Member State to the Commission and an appropriate penalty should be imposed.
Amendment 68 #
2016/0010(CNS)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) This Directive is a crucial step in going beyond the OECD BEPS Action Plan, as recalled by the European Parliament in its recommendations to the Commission in order to promote transparency, coordination and convergence to corporate tax policies in the Union. In particular, it is to be considered as the first move towards the implementation of a public country-by- country reporting for MNE Groups, such as the European Parliament has referred to on several occasions, through its reports on Directive 2007/36/EC, the report of the TAXE special committee and the European Parliament’s resolution of 16 December 2015 with recommendations to the Commission on bringing transparency, coordination and convergence to corporate tax policies in the Union.
Amendment 71 #
2016/0010(CNS)
Proposal for a directive
Recital 18
Recital 18
(18) The scope of mandatory exchange of information should therefore be extended to include the automatic exchange of information of the country-by-country report. In order to enhance transparency for citizens, the Commission should publish the country-by-country reports, based on the information contained in the centralised register of country-by-country reports. In doing so, the Commission should comply with the provisions of this Directive on confidentiality.
Amendment 94 #
2016/0010(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/16/EU
Article 8aa – paragraph 2
Article 8aa – paragraph 2
2. The competent authority of a Member State where the Country-by-Country Report was received pursuant to paragraph 1 shall, by means of automatic exchange, communicate the report to any otherll Member State in which, on the basis of the information in the country-by-country report, one or more Constituent Entities of the MNE Group of the Reporting Entity are either resident for tax purposes, or are subject to tax with respect to the business carried out through a permanent establishment within the deadline laid down in paragraph 4s. The competent authority of the Member State must communicate the country-by-country report to the Commission, which is responsible for the centralised register of country-by-country reports, available to its competent services.
Amendment 96 #
2016/0010(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/16/EU
Article 8aa – paragraph 2 a new
Article 8aa – paragraph 2 a new
2a. The competent authority of a Member State to which the country-by-country report was sent pursuant to paragraph 1 shall, within 24 months after the end of the reporting fiscal year, communicate the report to any state belonging to the category of least developed countries (as defined by the United Nations), in which, on the basis of information contained in the statement by country, one or more constituent entities of multinational enterprises are resident for tax purposes, or are subject to tax with respect to the business carried out through a permanent establishment.
Amendment 98 #
2016/0010(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/16/EU
Article 8aa – paragraph 3 – point a
Article 8aa – paragraph 3 – point a
(a) aggregate information relating to the amount of revenue, profit (loss) before income tax, income tax paid, income tax accrued, stated capital, accumulated earnings, number of employees, and tangible assets other than cash or cash equivalents with regard to each jurisdiction in which the MNE Group operates, public subsidies received, the value of assets and annual cost of maintaining them, and sales and purchases;
Amendment 99 #
2016/0010(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/16/UE
Article 8aa – paragraph 3 – point b a (new)
Article 8aa – paragraph 3 – point b a (new)
(ba) the future European tax identification number (TIN) referred to in the Commission's 2012 Action Plan to strengthen the fight against fraud and tax evasion.
Amendment 103 #
2016/0010(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
4a. In order to enhance transparency for citizens, the Commission shall publish the country-by-country reports, based on the information contained in the centralised register of country-by-country reports. In doing so, the Commission shall comply with the provisions of Article 23a on confidentiality.
Amendment 104 #
2016/0010(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2011/16/UE
Article 17 – paragraph 4
Article 17 – paragraph 4
(2a) Article 17(4) is deleted;
Amendment 133 #
2016/0010(CNS)
Proposal for a directive
Annex – Annex III – Section I – paragraph 4
Annex – Annex III – Section I – paragraph 4
4. "Excluded MNE Group" means, with respect to any Fiscal Year of the Group, a Group having total consolidated group revenue of less than EUR 750 000 000 or an amount in local currency approximately equivalent to EUR 750 000 000 as of January 2015 during the Fiscal Year immediately preceding the Reporting Fiscal Year as reflected in its Consolidated Financial Statements for such preceding Fiscwhich does not qualify as a large undertaking as defined in Article 3(4) of Directive 2013/34/EU of the European Parliament and of the Council, meaning an undertaking which on its balance sheet dates exceeds at least two of the three following thresholds: (a) balance sheet total: EUR 20 000 000; (b) net turnover: EUR 40 000 000; (c) average number of employees during the financial Yyear: 250.
Amendment 138 #
2016/0010(CNS)
Proposal for a directive
Annex – Annex III – Section II – paragraph 1 – point b – point i
Annex – Annex III – Section II – paragraph 1 – point b – point i
Amendment 139 #
2016/0010(CNS)
Proposal for a directive
Annex – Annex III – Section II – paragraph 1 – subparagraph 2
Annex – Annex III – Section II – paragraph 1 – subparagraph 2
Where there are more than one Constituent Entities of the same MNE Group that are resident for tax purposes in the Union and one or more of the conditions set out in point (b) apply, the MNE Group mayhas to designate one of such Constituent Entities to file the country-by-country report conforming to the requirements of Article 8aa(1) with respect to any Reporting Fiscal Year within the deadline specified in Article 8aa(1) and to notify the Member State that the filing is intended to satisfy the filing requirement of all the Constituent Entities of such MNE Group that are resident for tax purposes in the Union. That Member State shall, pursuant to Article 8aa(2), communicate the country-by- country report received to any otherll Member State in which, on the basis of the information in the country-by-country Report, one or more Constituent Entities of the MNE Group of the Reporting Entity are either resident for tax purposes, or are subject to tax with respect to the business carried out through a permanent establishments.
Amendment 141 #
2016/0010(CNS)
Proposal for a directive
Annex – Annex III – Section II – paragraph 2
Annex – Annex III – Section II – paragraph 2
Amendment 22 #
2015/2354(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas a strong social market - which turns the focus back to the people, directed towards the fight against unemployment, poverty, inequalities, social exclusion and wage dumping, promoting respect of fundamental social rights, fair mobility and improvement of living and working conditions in Europe - is an important factor to increase solidarity and cooperation among Member States;
Amendment 28 #
2015/2354(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the single market must not be seen in isolation from other horizontal policy areas, particularly the digital single market, health, social and consumer protection, labour law and mobility of citizens, the environment, sustainable development, energy, transport and external policies;
Amendment 38 #
2015/2354(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a genuinely strategic approach is called for the further integration of the single market, and whereas the response to the challenges faced should be political as much as technical in nature;
Amendment 41 #
2015/2354(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EU should pursue a genuine single market and treat it as a common asset of all citizens, workers, economic operators and Member States;
Amendment 50 #
2015/2354(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Is of the opinion that the mid-term review of the EU’s 2020 Strategy should set ambitious targets to reach a green, knowledge-based social market economy and sustainable growth by 2020; stresses that the single market should be central in achieving the goal of a sustainable and highly competitive social market economy in the context of the EU 2020 Strategy’s long-term vision taking up the challenges of maintaining social justice and economic growth as well as focusing on benefits for citizens, consumer protection, and SMEs;
Amendment 51 #
2015/2354(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Reiterates that the perception of the single market as being solely tied to the economic aspects has exhausted its own potential and a new broader based strategy must be put into action, establishing a balance between economic rights and fundamental social rights, integrating consumers’ and citizens’ interests into the single market;
Amendment 53 #
2015/2354(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Supports the overall objectives of the Commission’s Single Market Strategy for goods and services, and welcomacknowledges its vision for how to unleash the full potential of the single market but recalls on the Commission to improve the social and environmental side of the single market based on the Lisbon Treaty’s obligations;
Amendment 59 #
2015/2354(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Believes in this respect that equal treatment principle for workers should be considered a pillar of an effective and socially sustainable single market and urges the Commission to take the necessary legislative and non-legislative actions in order to ensure that the this principle is fully respected in the single market;
Amendment 60 #
2015/2354(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the fact that the strategy is complementary to efforts made in other areas; believes that, by building on the initiatives already being tain other areas and developing explicit cross-cutting, horizontal measures designed to achieve a fairer single markent, the strategy has good potential to help ensure economic prosperity, increase the creation of quality jobs and growth and make Europe attractive for investments;
Amendment 73 #
2015/2354(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines the urgent need to eliminate the remainingput back at the heart of the single market those who live in it and use it daily, and to eliminate the existing unjustified barriers from the single market in order to achieve effective tangible and quick results in terms of growth, innovation, job creation, consumer choice and new business models;
Amendment 82 #
2015/2354(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the strategy’s focus on aspects aimed at helping businesses, in particular SMEs, micro- enterprises and start-ups, to scale up their activities, grow and stay in the single market, thus facilitating their innovation and job creation; considers that all initiatives for SMEs and start-ups should be treated as a priority, but reminds that these initiatives should not provide opportunities for dishonest businesses to circumvent existing rules, lower workers’ and consumer standards, increase the risk of corporate fraud, criminal activities and letterbox companies;
Amendment 99 #
2015/2354(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls onDraws attention to the Commission’s initiative to ask the REFIT platform to address unjustified barriers to innovation and put forward proposals for ways to reduce or remove them; calls on the Commission to assess in the REFIT process not only the costs but also the benefits and values of legislation, as well as to take into account its broader social and environmental impact and not only the economic one;
Amendment 105 #
2015/2354(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to actively involve all stakeholders, in particular social partners and consumers organisations to assess impacts of draft legislation and better regulation activities in the single market, run the proportionality and subsidiarity check (at ex-ante stage), and monitor implementation (ex-post stage); stresses, furthermore, that any exemptions for SMEs and micro entities must be assessed on a case-by-case basis for each proposal, while ensuring that exemptions do not lead to circumvention of social, labour or environmental legislation;
Amendment 144 #
2015/2354(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. WelcomAcknowledges the legislative initiative on business insolvency, including early restructuring and second chances, which will ensure thatcould be one method to encourage Member States to provide a regulatory environment that is able to accommodate failure without discouraging entrepreneurs from trying new ideasand non-regulatory environment that accepts that failure sometimes happens and encourages innovation, but reminds that the costs and consequences of failing companies affects not only the company’s owner and shareholders, but also its creditors, employees, citizens and taxpayers; stresses that the legal framework on business insolvency must ensure responsible risk-taking providing certainty and fairness to creditors and employees; calls on the Commission, in this context, to reinforce workers’ protection and the defence of their interest, including through guaranteeing the full respect of their right to information and consultation, and establishing preferential rights for employees in case a business goes bankrupt;
Amendment 161 #
2015/2354(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises that the collaborative (or sharing) economy is growing fast reshaping old services and markets and changing the way that many services and assets are provided and consumed; underlines, furthermore, the strong link between these new business models and the performance of the single market; notes that the fast development of the sharing economy presents opportunities but also poses many challenges and legal uncertainties that might affect consumers, workers and traditional business providers and suppliers;
Amendment 170 #
2015/2354(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission and the Member States to come forward with proposals to prevent abuses in the employment area and bogus self- employment, to examine infringements of workers’ rights and social protection provisions in the sharing economy as well as to assess the impact of crowdworking and crowdsourcing; calls on the Commission to establish an European Forum, which organises regular exchanges with stakeholders, including social partners, who play a decisive role in the transition of the different employment sectors towards the digital economy, in order to promote an effective legal framework as well as quality employment and workers’ rights;
Amendment 171 #
2015/2354(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Member States to ensure that employment rights, high quality working conditions, effective social welfare coverage and a real level playing field in the single market are guaranteed in the growth of the sharing economy, taking into account its potential for more flexible forms of employment, identifying new forms of employment, enhancing the rights and protection of genuine self- employed workers;
Amendment 228 #
2015/2354(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the Commission to put forward without delay a targeted legislative proposal which would enable European companies to manufacture generic and biosimilar medicines in the EU during the supplementary protection certificate (SPC) period, following the expiry of patent protection, in order to export to countries where no SPC is in place or to prepare for immediate launch following expiration of the SPC; believes that such SPC manufacturing waiver would contribute to avoid the outsourcing of production outside the EU and to create a level playing field between European companies and their competitors from third countries;
Amendment 233 #
2015/2354(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to present awithout delay a legislative proposal for the protection of geographical indications for non-agricultural products in the EU with the aim of establishing a single European system putting thus an end to a inadequate and highly fragmented situation in Europe, and offering many and varied positive effects for citizens, consumers, producers and the whole European economic and social fabric;
Amendment 241 #
2015/2354(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Supports the general approach set out in the Commission’s Communication in relation to public procurement to improve procurement decisions and the transparency and quality of procurement systems; encourages national procurement authorities to promote greener and more social tendering processes by including social and environmental criteria in the public procurement tenders; calls on the Commission to use the upcoming evaluation report and revision of the Remedies Directive to address problems such as ‘abnormally low bids’ and other social dumping practices in the procurement process;
Amendment 293 #
2015/2354(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Reiterates its call for the rapid adoption of the Product Safety and Market Surveillance Package by the Council and calls on the Commission to fully engage in its role as a solution facilitator in this respect; underlines the importance of the indication of country of origin, which is crucial to protect consumers and to strengthen the fight against counterfeiting;
Amendment 301 #
2015/2354(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that regulatory differences between Member States regarding differing labelling or quality requirements for the same products in different Member States create unnecessary obstacles to the activities of suppliers of goods and discriminate against different consumers; calls on the Commission to consider introducing a mandatory scheme for the provision of key information for furniture, established at EU levellabelling and quality scheme for products, established at EU level, for providing consumers with key information and ensuring equality in products’ quality in the different Member States; considers that such an initiative would be beneficial for consumers, industries and trade operators, ensuring transparency, adequate recognition of European products and harmonised rules for operators in the single market;
Amendment 307 #
2015/2354(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Emphasises, in respect of the single market in services, that there is a clear need to improve the cross-border provision of services, while reconciling economic freedoms and workers’ rights; urges the Member States to ensure proper and more effective application of the Services Directive, while avoiding the practice of gold-plating; welcomes the Commission proposal to improve notification under the Services Directive; agrees to extend the notification procedure provided for in Directive 2015/1535 to all the sectors not covered by that directiveand proper implementation of the Services Directive; reiterates that facilitating the temporary provision of services by companies in another Member State should go hand in hand with guaranteeing the protection of workers posted to another Member State and ask for the revision, without delay, of the Posting of Workers Directive in order to ensure full respect of workers’ rights and of the equal treatment principle and to fight effectively social dumping and unfair competition;
Amendment 321 #
2015/2354(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. SupportsRegrets that the Commission proposal to introduce a services passport to help service providers demonstrate that they satisfy the requirements applicable to them in the Member State where they wish to provide their service on a temporary basis; considers that this initiative should be aimed at reducing administrative burden for service providers and simplifying the procedures applicable to cross-border service provisiois failing to deliver regarding the need to better ensure social and workers’ rights within the single market; calls on the Commission to ensure the full respect of the equal treatment principle and to refrain from submitting a proposal to introduce a services passport, which would represent a possible tool for employment abuses and which would entail the strong risk of leaning towards the inacceptable principle of the country of origin;
Amendment 344 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Stresses that the creation of a truly fairer single market is essential for achieving the social and economic aims of the Union for a highly competitive social market economy aiming at full employment and social progress and a high level of protection and improvement of environmental quality and standards;
Amendment 346 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 c (new)
Paragraph 27 c (new)
27c. Calls on the Commission to adopt a clear single market legislative agenda to strengthen workers’ rights, improve working conditions, promote equal treatment, prevent social dumping and exploitation of workers and ensure fair competition among the Member States;
Amendment 348 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 e (new)
Paragraph 27 e (new)
27e. Disapproves that the Commission did not adopt any specific measures in the Single Market Strategy to address the needs of people and consumers with disability, elderly people and people living in rural and remote areas;
Amendment 350 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 g (new)
Paragraph 27 g (new)
27g. Regrets that the Commission’s Communication does not announce any proposal in relation to the social economy although it plays a key role in the EU’s social and economic development; urges the Commission to explore the potential of this emerging sector and without undue delay to improve its visibility and a regulatory environment for social enterprises;
Amendment 352 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 i (new)
Paragraph 27 i (new)
27i. Regrets that the Commission’s Communication does not suggests any proposal to acknowledge the specific character of public services within the single market and in particular to adopt a legal framework for services of general economic interest (SGEI) based on Protocol N26 and Article 14 of the TFEU, for instance in relation to quality requirements and notably with regard to social and territorial cohesion;
Amendment 355 #
2015/2354(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. SEmphasises that the genuine single market should provide benefits and protection for citizens, consumers and businesses in terms of better quality, greater variety, reasonable prices, and safety of goods and services; stresses that unjustified discrimination against service recipients (consumers and entrepreneurs) on the basis of nationality or place of residence, in both online and offline environments, is not acceptable within the single market;
Amendment 360 #
2015/2354(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Agrees that when purchasing goods and services in the single market, consumers need transparent information and a set of modern and solid rights to protect their interests; is of the opinion that any review, merger or consolidation of consumer law directives should provide for a truly high level of consumers’ protection and enforceable rights, recognising existing best practices from national legislation;
Amendment 362 #
2015/2354(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. Calls on the Commission to analyse the current legal uncertainties affecting consumers and if necessary to resolve them through clarification and supplements to the legal framework of consumers rights; reiterates its commitment to the principle of flexible harmonisation for any proposed EU legislation concerning consumers and that full harmonisation is only applied when it sets a very high level of consumer protection and provides clear benefits for consumers;
Amendment 363 #
2015/2354(INI)
Motion for a resolution
Paragraph 28 c (new)
Paragraph 28 c (new)
28c. Stresses that consumers must be able to exercise their rights easily; welcomes the implementation of the ADR Directive and Commission’s new online dispute resolution (ODR) platform; notes that redress mechanisms applicable across the Union have yielded limited results and therefore urges the Commission to bring forward a legislative proposal to ensure implementation of an affordable, expedient and accessible Europe-wide collective redress system;
Amendment 4 #
2015/2352(INI)
Motion for a resolution
Recital B
Recital B
B. whereas indigenous sources of oil and gas can contribute significantly to Europe’s existing energy needs and are particularly important for energy security and energythe reduction of oil and gas consumption is an important prerequisite for meeting EU and global climate and environmental objectives and a sustainable dieversitylopment;
Amendment 10 #
2015/2352(INI)
Motion for a resolution
Recital D
Recital D
D. whereas accidents caused by offshore oil and gas rigs lead to cross- border consequences and EU action to prevent and mitigate such accidents is therefore justifiednecessary and proportionate;
Amendment 14 #
2015/2352(INI)
Motion for a resolution
Recital E
Recital E
E. whereas, in accordance with Article 191 of the TFEU, all EU action in this area must be underpinned by a high level of protection based inter alia on the precautionary and sustainability principle;
Amendment 19 #
2015/2352(INI)
Motion for a resolution
Recital H
Recital H
H. whereas it is of the utmost importance to have effective and adequate compensation mechanisms and claims handling mechanisms for victims of damage caused by offshore oil and gas operations to victims, animals and the environment; moreover, to have sufficient recourses in order to restore the important ecosystems;
Amendment 25 #
2015/2352(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the adoption of the OSD as affshore Safety Directive 2013/30/EU (OSD) which compliments the Environmental Liability Directive 2004/35/EC (ELD) and the Environmental Impact Assessment Directive 2011/92/EU (IEA), as well as the ratification of the Offshore Protocol of the Barcelona Convention by the Council, as first steps for the protection of the environment and the safety of workers; calls on those Member States which have not yet transposed ithe aforementioned directives into their national laws to do so as soon as possible;
Amendment 28 #
2015/2352(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the need to ensure a proper transposition of the OSD into national law; regrets that not all Member States have guaranteed the sufficient independence of the competent authority as required in Article 8 of the Directive; calls on the Commission to undertake the necessary actions in order to ensure competent authorities' independence;
Amendment 31 #
2015/2352(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the effective application of the polluter pays principle to offshore oil and gas operations should extend not only to the costs of preventing and remedying environmental damage – as currently achieved to a certain extent via the OSD and ELD – but also to the costs of remedying traditional damage claims, in line with the precautionary principle and the principle of sustainable development;
Amendment 32 #
2015/2352(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines the need to ensure rapid, effective, comprehensive and adequate compensation for all victims of pollution and any environmental damage caused by offshore accidents in accordance with the polluter pays principle: therefore, calls on the Commission to consider the establishment of a legislative compensation mechanism for offshore accidents, along the lines of the one provided for in the Petroleum Activities Act in Norway, at least for sectors that may be severely affected, like fisheries and coastal tourism and other sectors of the blue economy;
Amendment 33 #
2015/2352(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines, with regard to liability for environmental damage, the divergences and the shortcomings in the transposition and application of ELD, as outlined also by the European Commission in its second implementation report; calls on the Commission to ensure that ELD is implemented in an effective manner and that liability for environmental damages from offshore accidents is available and adequate throughout the European Union;
Amendment 35 #
2015/2352(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Regrets, in this context, that the OSD does not deal withaim to harmonise the minimum liability for civil damage to either natural or legal persons, be it bodilyphysical injury, property damage or economic loss that may result from offshore operations;
Amendment 37 #
2015/2352(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Also rRegrets the fact that the way civil liability is handled varies considerably from one Member State to another and that there is often uncertainty as to how Member States’ legal systems would deal with the diversity of civil claims that could result from offshore oil and gas incidents; believes therefore that an European framework is needed and calls on the Commission to harmonise without delay the rules on liability, financial security and compensation; believes that such European framework should be based on the most advanced Member States' legislations, should cover, with regard to civil liability, not only bodily injury and property damage but also pure economic loss and should ensure effective compensation mechanisms for victims, including adequate procedures for mass claims and for sectors that may be severely affected (e.g. fisheries and coastal tourism);
Amendment 38 #
2015/2352(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Also regrets the fact that the way civil liability is handled varies considerably from one Member State to another and; stresses that there is no liability in many of the Member states with offshore and gas activities for most third-party claims for compensation for traditional damage caused by an accident; no regime in the vast majority of Member States for compensation payments; and no assurance in many Member States that operators or liable persons, would have adequate financial assets to meet claims; moreover, stresses that there is often uncertainty as to how Member States’ legal systems would deal with the diversity of civil claims that could result from offshore oil and gas incidents;
Amendment 45 #
2015/2352(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses, in this perspective, that compensatory and remedial claims for traditional damage are further obstructed by civil procedure rules on time limitations, financial costs, non-availability of public interest litigation and mass tort claims, and provisions on evidence, which differ considerably from one Member State to another; calls therefore for the establishment of strict civil liability rules for offshore accidents;
Amendment 51 #
2015/2352(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Regrets that the Commission concluded in its report on liability, compensation and financial security for offshore and gas operations (COM/2015/0422), that there is no need to consider further steps for harmonising and improving safety, civil and criminal liability and various financial security mechanisms before its implementation report of the OSD, due for July 2019; calls on the Commission to ensure instead that all possible safeguards are built into the EU and national legislations as soon as possible in order to provide adequate coverage for future accidents with cross- border impact;
Amendment 52 #
2015/2352(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 75 #
2015/2352(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that the introduction of criminal liability at EU level could add a layer of deterrence beyond civil penalties, which could improve protection of the environment and compliance with safety measures; recalls on the Commission to prepare and submit to Parliament its first implementation reportthat according to Article 39(3) onf the OSD in a timely fashion, anthere is no need nto later than 19 July 2019, in order to allow the latter to revisit theamend OSD in order to introduction ofe criminal liability for offshore safety violations leading to offshore accidents based on concrete and systematic dataand calls the Commission to add the violations of OSD to the scope of the Environmental Crime Directive 2008/99/EC; calls on the Commission to prepare and submit to Parliament its first implementation report on the OSD in a timely fashion, and no later than 19 July 2019;
Amendment 77 #
2015/2352(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Welcomes that the EU Environmental Crime Directive (ECD) introduced harmonised criminal penalties for certain infringements of EU environmental legislation; regrets however that the scope of the ECD does not cover all the activities of the Offshore Safety Directive; regrets also that the definition of the criminal offences and the minimum type and level of sanctions when it comes to offshore safety breaches are not harmonised in the EU; calls therefore on the Commission to propose legislation within the ECD that covers damages from offshore oil and gas operations affecting the marine ecosystem;
Amendment 87 #
2015/2352(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
Amendment 10 #
2015/2323(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that the ongoing energy transition is resulting in a move away from a centralised, inflexible, fossil fuel-based energy system towards one which is more decentralised, flexible and renewables- basecapillary distributed across the whole territory, dynamic and scalable, future- oriented and renewables-based; this evolution is fully compatible with the conception of energy as a European Common Good;
Amendment 18 #
2015/2323(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that, in order to steer the energy transition, the system encompassing energy flows, the infrastructure collecting and distributing them, and the modalities for its use and consumption has to be analysed under different complementary perspectives (economic, industrial, technological, geopolitical, environmental, social, etc.); amongst them, an important perspective conceives energy as a European Common Good, which is at the service of citizens, organized as individuals, households, cooperatives or communities, in helping them to cover their collectively agreed short-term needs and to reach their long- term goals and priorities;
Amendment 72 #
2015/2323(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that, as a general principle, the energy transition should result in a more decentralised and democratic energy system which benefits society as a whole, increases the active involvement of citizens, households and local communities, and empowers them to own or share in the ownership of the production, distribution and storage of energy, while at the same time protecting the most vulnerable, that is to say that energy transition itself includes the conception of energy as a European Common Good, fully compatible with other perspectives;
Amendment 315 #
2015/2323(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to step up its support for the Covenant of Mayors and/or for cooperatives, NGOs, and other civil society organizations which are locally active, so as to expand and further develop itheir role as a tool to promote self- generation and energy efficiency measures, fight energy poverty, expand awareness of energy as an European common good, facilitate the exchange of best practices between all local authorities and organisations, regions and Member States, and ensure that all local authorities and organisations are aware of the financial support available to them;
Amendment 65 #
2015/2256(INI)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Calls for a Social Progress Index measuring social inequalities and inequalities in opportunities to be integrated into the AGS with binding targets.
Amendment 66 #
2015/2256(INI)
Motion for a resolution
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Calls for the creation of a living wage index in the context of the AGS, which will set the basis for binding targets for Member States.
Amendment 155 #
2015/2256(INI)
Motion for a resolution
Paragraph 27 c (new)
Paragraph 27 c (new)
27c. Calls on the Commission to evaluate if the current broadband strategy for mobile and fixed networks, including targets, is future-proofed, meet the conditions for high connectivity for all to avoid the digital divide, for the needs of the data-driven economy, and the rapid deployment of 5G;
Amendment 177 #
2015/2256(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Is of the view that market surveillance authorities within the Single Market need to be strengthened, better connected and appropriately staffed to meet today's challenges in particular those from global competition; Urges national market surveillance authorities to cooperate more closely and to exchange information and best practices to effectively tackle the high number of illegal and non-compliant products incurring high costs for complying businesses; calls for the immediate adoption of the Product Safety and Market Surveillance Package by the Council of the European Union;
Amendment 194 #
2015/2221(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Asks the Commission to conduct and make public an evaluation of the decision-making procedure which led the Troika, in the implementation of the last Memorandum of Understanding signed with Greece, to require savings up to 25 billion EUR for the recapitalization of Greek banks, while the SSM, which role is to assess such needs, stated on 31 October 2015, that the recapitalization needs, in a baseline scenario, were up to 4.4 billion EUR, and the most risky scenario, up to 14.4 billion EUR;
Amendment 173 #
2015/2147(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Communication on ‘A Digital Single Market Strategy for Europe’; considers that a fair and effective Digital Single Market, based on a harmonised set of rules, could foster EU competitiveness, have positive effects on growth and jobs, relaunch the Single Market and make the society more inclusive offering new opportunities to citizens and businesses; believes that the horizontal approach taken in the Communication needs now to be strengthened in its implementation as the digital sector affects every dimension of society and the economy;
Amendment 177 #
2015/2147(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Agrees with the Commission that the governance and timely delivery of the Digital Single Market is a shared responsibility of the European Parliament, the Council and the Commission; encourages the Commission to engage with societal and social stakeholders and to involve them in the decision making process to the widest extent possible;
Amendment 217 #
2015/2147(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that users’ trust in digital environment and services is vital to innovation and growth in the digital economy and that reinforcing that trust should be at the basis of botha precondition to fully unlock the potential of a Digital Single Market; is strongly convinced that public policy and business models should ensure that trust;
Amendment 310 #
2015/2147(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned about the different national approaches taken to regulating the internet and the sharing economy; urges the Commission to take action to preserve the integrity of the single market and, to effectively protect consumers and workers' rights and to promote the internet as an open and global platform for communication and innovation;
Amendment 331 #
2015/2147(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission, in cooperation with Member States, to increase the availability and an efficient use of radio spectrum across the Union, with the aim to achieve a EU harmonised radio spectrum policy;
Amendment 335 #
2015/2147(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Emphasises the need to swiftly adopt a proposal on the accessibility of public bodies' websites; regrets that the Council is not proceeding on this proposal and calls on the Commission to facilitate the finding of a common agreement;
Amendment 338 #
2015/2147(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that it is important that the creation of the Digital Single Market should not aggravate the digital divide but rather enhance and create infrastructure and training courses to enable all European citizens to benefit from the new opportunities made available, irrespective of age, gender, income or provenance from remote or peripheral regions;
Amendment 340 #
2015/2147(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Asks the Commission to address the different tax challenges raised by the digital economy and to closely monitor its continuous evolution to assess the impact on tax systems; in particular, urges the Commission to guarantee an effective level playing field and a fair fiscal treatment among all actors present in the digital market, aligning taxation with the economic activities and guaranteeing that taxes are paid where profits are generated;
Amendment 345 #
2015/2147(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Believes that Member States and the Commission should actively promote a broad process of reform of the global governance of Internet in order to reach a new, transparent and inclusive model of multi-stakeholder governance, based on the principle of Internet as a unique, open and free network;
Amendment 502 #
2015/2147(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Calls on the Commission to come forward with the proposal for a European Accessibility Act, which it has been preparing for several years and which would improve accessibility of goods and services in the single market, including the digital single market;
Amendment 503 #
2015/2147(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Invites the Commission to extend the concept of "Universal Service" to data connectivity by establishing a minimum band power threshold guaranteed to all European citizens, in line with the objectives of the EU 2020 Agenda;
Amendment 513 #
2015/2147(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that accessible, affordable, efficient and high-quality delivery services are an essential prerequisite for thriving cross-border e-commerce; supports the proposed measures to improve price transparency, interoperability and regulatory oversight that should target both the smooth functioning of cross-border parcel delivery markets and compliance with relevant social and labour rights, allowing enough flexibility for the delivery market to evolve and adapt to technological innovations; underlines that the new measures should ensure that any variation in the prices between domestic and cross-border delivery should be permitted only if duly justified and if it reflects the variation in actual costs incurred by the providers for delivering the service;
Amendment 574 #
2015/2147(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that ambitious actions are needed to improve access to legal digital content, in particular by ending without delay geo- blocking practices and, unfair price discrimination based on geographical location and any practices that undermine country neutrality with regard to means of payments between Member States;
Amendment 689 #
2015/2147(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Welcomes the upcoming review of the Universal Services Directive, which will provide an opportunity to re-examine the availability of broadband internet access, including in remote areas and consumers' rights related in the context of universal services provision; believes that access to broadband should be classified a service of general interest;
Amendment 690 #
2015/2147(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Highlights in this context the need for the Commission to closely cooperate with the Member States, in order to establish performance indicators and guidelines pertaining the quality of the 112 service, paying particular attention to the need for interoperability between emergency services, for multilingualism and for timely and qualitative interventions by emergency services; emphasises that in this context the importance of accessibility to 112 services for all citizens and underlines the necessity of 112 access per SMS or comparable means for people with special needs; further calls on the Commission to promote knowledge of the EU-wide, universal and multilingual 112 system;
Amendment 718 #
2015/2147(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that since the development of over-the-top services has increased demand and competition to the benefit of consumers, modernisation of the telecommunication framework should not lead to more regulatory burdens, but should drive innovation and fair competition, support pluralism and access to the market and strengthen the Fundamental rights in the digital environment;
Amendment 721 #
2015/2147(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that since the development of over-the-top services has increased demand and competition to the benefit of consumers, modernisation of the telecommunication framework should not lead to more unjustified regulatory burdens, but should drive innovation and fair competition;
Amendment 758 #
2015/2147(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Believes that, in order to achieve a real Digital Single Market, it is necessary to ensure access for all citizens in Europe, calls therefore to improve the efforts towards the networks development for those areas where sufficient connectivity it is not yet available;
Amendment 893 #
2015/2147(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Encourages the Commission to analyse the need to protect consumers in the sharing economy and, where appropriate and if necessary, to come forward with proposals to ensure the adequacy of the consumer-related legislation framework in the digital sphere, including possible abuses; stresses the need to put forward a common approach to taxation in relation to sharing economy, in order to ensure a real level playing field and a well- functioning single market and that taxes are paid where profits are generated;
Amendment 901 #
2015/2147(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Believes that adequate attention should be given to employment-related matters in the development of sharing economy. Stresses that workers' rights, including the right to undertake collective actions and to negotiate and conclude collective agreements, effective coverage by social security systems and adequate working conditions should be ensured in this new sector. Stresses the risk, in sharing economy, of false self- employment. Asks the Commission to assess in depth the current situation and the most recent developments worldwide, in EU and in the different Member States, to identify the best practices with regard to these issues, within and outside Europe, and to favour their dissemination. Calls on the Commission to take, where necessary, actions in order to ensure the full respect of workers' rights, high quality working conditions and a real level playing field in the single market;
Amendment 902 #
2015/2147(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Stresses that particularly business models of the sharing economy foster more and more flexible and atypical employment schemes, which may on the one hand allow for more flexibility and a better work-life balance in the EU where life expectancy is high and will become even higher, but on the other hand my also increase the number of precarious working conditions, most importantly through an ever higher number of solo- self-employed contractors; calls on the Commission and Member States to provide improved social security schemes in order to protect those who find themselves in precarious and exploitive solo-self-employment;
Amendment 905 #
2015/2147(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Calls on the Commission to take into consideration the ever-widening phenomena of crowdworking and crowdsourcing which further decentralises income tax liabilities, limits the possibilities of workers/contractors in this area to organise and undermines national and European social and labour standards; calls on the Commission to develop minimum labour and social standards for crowdworkers;
Amendment 928 #
2015/2147(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Considers, in order to ensure trust in digital services, that increased resources from the public and private sector are required to strengthen the security of IT systems and online networks and the encryption of communication, to improve cyber-attack prevention and to increase knowledge of basic security processes among users of digital services; believes in this regard that particular efforts should be put in place in order to ensure full security for consumers in the use of electronic means of payment, through the achievement of a fully integrated and user-friendly EU market for payment services;
Amendment 5 #
2015/2140(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Regards a transparent and competitive single market, including the digital single market, as a key factor for growth and for an effective recovery, and takes the view, therefore, that competition policy has a vital role to play in safeguarding the rights of consumers, citizens, businesses and workers in the broader context of a social market economy;
Amendment 13 #
2015/2140(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that EU rules on State aid must be geared to achieving the objectives of fairness and social cohesion and the goals of the Europe2020 strategy; regards it as important, therefore, that State aid should be used to invest in the real economy and foster the concentration of resources in key sectors, such as research and innovation, particularly in the digital economy, infrastructure development and measures to achieve climate and energy policy objectives;
Amendment 20 #
2015/2140(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes the view that the overhaulupdate of competition policy is needed partly in order to meet the challenges posed by the digital single market, a sector which is changing rapidly, hence the importance of overcoming the current fragmentation along national lines and doing away with barriers to access to the market; (Linguistic correction, concerns English only)
Amendment 24 #
2015/2140(INI)
3. Takes the view that the overhaul of competition policy is needed partly in order to meet the challenges posed by the digital single market, a sector which is changing rapidly, hence the importance of overcoming the current fragmentation along national lines and doing away with barriers to access to the market, increasing the confidence of consumers and businesses in the sector and facilitating innovation and dynamism in it;
Amendment 36 #
2015/2140(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers it to be of fundamental importance that the Commission should continue to focus on, and step up the attention that it devotes to, the energy market, as energy is indeed a significant item of expenditure for households and businesses in Europe, in order to achieve better integration and greater affordability in that sector;
Amendment 37 #
2015/2140(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Recalls that the effective application of competition policy ought not to hamper the development of high-quality public services affordable to all, and full availability and public use of public goods;
Amendment 38 #
2015/2140(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Points out the importance of the ongoing sector inquiry into the e- commerce sector; underlines the need to introduce changes to existing competition law rules, for instance the Block Exemption Regulation, in order to tackle unjustified geo-blocking, including undesirable re-routing and unfair price discrimination based on geographical location;
Amendment 46 #
2015/2140(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Believes that competition policy should play an important part in making financial markets more secure and transparent for consumers; welcomes, furthermore, the legislative measures adopted in the field of electronic payments and particularly the introduction of ceilings on interbank commissions for card payment transactions;
Amendment 53 #
2015/2140(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Considers that a genuine single market can function efficiently only in a more transparent, coordinated and cooperative fiscal context which ensures fair competition among the various businesses; deplores the fact that tax competition between Member States has created a form of unequal competition within the single market which places SMEs at a disadvantage in relation to large multinationals;
Amendment 310 #
2015/2065(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. WelcomAcknowledges the setting up of the Supply Chain Initiative, which has resulted in the adoption of a set of principles of good practice in B2B relations in the food supply chain and a voluntary framework for the implementation of those principles; believes that efforts to promote fair trading practices in the food supply chain can make a real impactn impact, but cannot be considered sufficient to tackle the problem of UTPs in the food supply chain; notes that the results emerged from the conclusions of the Commission's study on the SCI recently published "seem very modest if measured against the actual or perceived magnitude and seriousness of the issue of UTPs in the food supply chain, and even more so if measured against the expectations of the stakeholders which are most seriously impacted by UTPs, and of policy makers";
Amendment 313 #
2015/2065(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is very concerned about recent findings that one of the early signatories of the SCI operating across Europe has been found guilty of unreasonably delaying payments to its suppliers; regrets that neither the Commission nor the SCI has directly reported this finding in their reports;
Amendment 318 #
2015/2065(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Is concerned about the Commission report which does not take into account many findings of the study, notably with regard to the assessment of voluntary approaches;
Amendment 319 #
2015/2065(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Emphasizes that, as it has been reported by the Commission's study, the SCI, at the moment, does not have robust enforcement mechanisms nor effective deterrent instruments and penalties, such as monetary and/or economic sanctions, which will be able to address the problem of the UTPs in the food supply chain; therefore, asks the Commission to undertake concrete actions to establish effective enforcement mechanisms capable to act cross-borders, such as the establishment of an independent EU enforcement authority or a network of national authorities, mutually recognized at the EU level; these independent authorities shall be empowered to conduct investigations ex-oficio and/or on the basis of informal information and/or on the basis of complaints dealt with on a confidential basis, thus overcoming the so-called "fear factor";
Amendment 322 #
2015/2065(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Regrets that no concrete case has been examined to assess the SCI role in tackling unfair trading practices;
Amendment 323 #
2015/2065(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Regrets that some of the dispute resolution options promoted by the SCI have not yet been used in practice and the assessment of their effectiveness has been based more on "theoretical" judgments rather than on empirical observation;
Amendment 324 #
2015/2065(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Rather than simply encouraging some improvements in the SCI, stresses that study evaluating the effectiveness of the SCI highlights a broad range of its shortcomings – lack of trust from external experts and organisations, weaknesses in governance, under-representation of SMEs, limitations in transparency and no enforcement measures and penalties;
Amendment 325 #
2015/2065(INI)
Motion for a resolution
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Stresses the evaluation of the study which concludes that SCI has very limited powers to directly enforce measures to address UTPs, notably due to the lack of effective deterrents against unfair behaviour;
Amendment 328 #
2015/2065(INI)
Motion for a resolution
Paragraph 3 i (new)
Paragraph 3 i (new)
3i. Points out that recent study findings do not bring the evidence for the Commission's evaluation statement that voluntary initiatives seem to work better in some countries than in others, and that the Commission should seriously take into account several rather negative national experiences with voluntary agreements in order to move towards establishing concrete legislative and enforcing measures to prevent unfair trading practices;
Amendment 349 #
2015/2065(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Regrets that, despite the limits of voluntary codes and initiatives have been clearly highlighted by the conclusions of the Commission's study on the SCI, the Commission does not seem willing to proceed with the swift adoption of a specific EU legislative framework which could better protect consumers, ensure a level-playing field among the stakeholders of the food supply chain, limit the current fragmentation of the single market and effectively tackle the UTPs;
Amendment 350 #
2015/2065(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Underlines that the safeguard of confidentiality is an essential component of any dispute resolution process; stresses that the SCI does not provide for a mechanism ensuring confidential or anonymous complaints for potential victims of UTPs. Therefore, asks the Commission to establish a monitoring instrument to ensure and preserve the confidentiality between the parties involved in the dispute, thus reducing the so-called "fear factor";
Amendment 372 #
2015/2065(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Notes results of the study, where survey respondents indicated as the most preferred approaches in tackling UTPs the combination of voluntary initiatives and public enforcement (33% of total answers) or a specific legislation at EU level (32%); on the other side, reliance on voluntary initiatives alone at national (4%) or EU level (9 %) resulted to be the less preferred approach;
Amendment 374 #
2015/2065(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Questions the Commission's vague statement that different approaches in Member States do not seem to have negative consequences for the Single market; points out that previous study accompanying Commission's communication recommended to address the fragmentation of legal rules and approaches in the EU in order to prevent a negative impact of fragmentation on the EU Single Market; Is convinced that fragmentation and different legislative approaches in MS contribute to legal uncertainty, additional costs for businesses, notably SMEs, and raise difficulties to the cross-border market access and cooperation;
Amendment 375 #
2015/2065(INI)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17d. Welcomes that the Commission finds it necessary to ensure that UTP legislation covers operators from non-EU countries; Believes that clear and transparent rules at the EU level would facilitate fair trading practices towards third countries traders;
Amendment 378 #
2015/2065(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Is convinced that functioning enforcement mechanisms should be accessible to all market operators in the food supply chain, regardless of geographical origin;
Amendment 379 #
2015/2065(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Believes that the scope of enforcement should cover entire supply chain both inside Europe and overseas in order to positively contribute to the overall sustainability of the food production; suggests coordinated enforcement across the EU to discourage market players from moving their purchasing department to low-enforcement countries to continue with UTPs;
Amendment 17 #
2015/2038(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Believes that a business’s tax policy should be considered part and parcel of CSR and that socially responsible behaviour consequently leaves no room for strategies aimed at evading tax or exploiting tax havens;
Amendment 20 #
2015/0284(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Since the internal market comprises an area without internal frontiers relying, inter alia, on the free movement of services and persons, it is necessary to provide that consumers canGuaranteeing permanent access to online content services for consumers throughout the European Union based on subscriptions contracted in the Member State of residence is an important element for the completion of the Single Market and the effective enforcement of the principles of free movement of persons and services. Consumers should be able to use online content services which offer access to content such as music, games, films or sporting events not only in their Member State of residence but also when they are temporarily present in other Member States of the Union for purposes such as business or leisure travel, periods of study. Therefore, barriers that hamper access and use of such online content services cross borders should be eliminated.
Amendment 32 #
2015/0284(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers' location. There is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their home countryMember State of residence but also when they are temporarily present in another Member State of the Union.
Amendment 36 #
2015/0284(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Consumers increasingly enter into contractual arrangements with service providers for the provision of online content services. However, consumers that are temporarily present in another Member State of the Union often cannot continue accessing and useing the online content services that they have acquired the right to use in their home countryMember State of residence.
Amendment 50 #
2015/0284(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Therefore, increasingly, online content services are marketed in a package in which content which is not protected by copyright and/or related rights is not separable from content which is protected by copyright and/or related rights without substantially lessening the value of the service provided to consumers. This is especially the case with premium content such as sporting or other events of significant interest to consumers. In order to enable service providers to deliver to consumers full access to their online content services for the duration of the temporary stay in a Member State other than the Member State of residence, it is indispensable that this Regulation also covers such content used by online content services and therefore that it applies to audiovisual media services in the meaning of Directive 2010/13/EU as well as to transmissions of broadcasting organisations in their entirety.
Amendment 73 #
2015/0284(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, the objective of this Regulation is to adapt theprovide a legal framework in order to ensure that the licensing of rights no longer presents barrifor the provision of online content services to subscribers temporarily present in a Member State others to cross-border portability of online content services in the Union and that the cross- border portability can be ensuredhan their Member State of residence by providing a strictly interpretable legal fiction aiming to remove barriers to portability of legally acquired online content related to the licensing of rights.
Amendment 78 #
2015/0284(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation should apply only to online content services which subscribers can effectively access and use in their Member State in which they habituallyof residence without being limited to a specific location, as it is not appropriate to require service providers that do not offer portable services in their home country to do so across borders.
Amendment 96 #
2015/0284(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in Member States other than the Member State of residence of the subscribers. Requiring that the delivery of online content services to subscribers temporarily present in Member States other than their Member State of residence be of the same quality as in the Member State of residence could result in high costs for service providers and thus ultimately for subscribers. Therefore, it is not appropriate for this Regulation to require that the provider of an online cwhilst this Regulation does not impose disproportionatent service take measures to ensur requirements to guarantee the same quality of delivery of such services beyond the quality available via the local online access chosen by a subscriber while temporarily present in another Member State. In such cases the provider shall not be liable if the quality of delivery of the service is lower. Nevertheless, the provider should explicitly and duly inform the subscriber on a durable medium about the quality of the delivery of an online content service in a Member State other than that of residence and about clear technical settings preventing the service provider from guaranteeing identical quality standards in the country of temporary stay. In such cases the provider shall not be liable if the quality of delivery of the service is lower. This information should be regarded as material for the purposes of Article 7(5) of Directive 2005/29/EC. Moreover, if the provider expressly agrees to guarantee certain quality of delivery to subscribers while temporarily present in other Member States, the provider shall be bound by such agreement.
Amendment 108 #
2015/0284(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in Member States other than the Member State of residence of the subscribers. Requiring that the delivery of online content services to subscribers temporarily present in Member States other than their Member State of residence be of the same quality as in the Member State of residence could result in high costs for service providers and thus ultimately for subscribers. Therefore, it is not appropriate for this Regulation to require that the provider of an online content service take measures to ensure quality of delivery of such services beyond the quality available via the local online access chosen by a subscriber while temporarily present in another Member State. In such cases the provider shall not be liable if the quality of delivery of the service is lower. Nevertheless, if the provider expressly agrees to guarantee certain quality of delivery to subscribers while temporarily present in other Member States, the provider shall be bound by such agreement.
Amendment 111 #
2015/0284(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Service providers should not be liable for breach of any contractual provisions contrary to the obligation to enable their subscribers to use the service in the Member State of their temporary presence. Therefore clauses in contracts designed to prohibit or limit the cross- border portability of online content services across the Union should be unenforceable.
Amendment 117 #
2015/0284(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Service providers should not be liable for breach of any contractual provisions contrary to the obligation to enable their subscribers to use the service in the Member State of their temporary presence. Therefore clauses in contracts designed to prohibit or limit the cross- border portability of online content services across the Union should be unenforceable. With regard to present and future arrangements between online content service providers and rightholders, the decision to provide portability to subscribers temporarily present in another Member State cannot be made subject to contractual provisions. Online content service providers and rightholders should not be allowed to circumvent the application of this Regulation by opting for the law of a non- Member State of the Union as the law applicable to contracts which they conclude.
Amendment 121 #
2015/0284(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) This Regulation defines several concepts which are necessary for its application, including that of Member State of residence. The Member State of residence should be determined, taking into account the objectives of this Regulation and the need to ensure its uniform application within the Union. Regarding current and future arrangements related to online content services, the provision of portability to subscribers temporarily present in another Member State should not give rise to any special contractual provisions, especially with regard to a certain time limit during which service providers grant portable access to their online content services across the Union.
Amendment 124 #
2015/0284(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in Member States other than the Member State of residence of the subscribers. The Regulation enables right holders toThis Regulation requires that the service provider makes use of effective means in order to verify that the online content service is provided in conformity with this Regulation. It is necessary, however, to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose. Examples of the necessary technical and organisational measures may include sampling of IP address instead of constant monitoring of location, transparent information to the individuals about the methods used for the verification and its purposes, and appropriate security measures. Considering that for purposeThe online content service providers should be free to choose between the verification means listed in article 3b in order to verify the subscriber's Member State of residence. It is necessary, however, to ensure that those required means of the verification what matters is not the location, but rather, in which Member State the subscriber is accessing the service, precise location data should not be collected and processed forof the subscriber's Member State of residence are reasonable and do not go beyond what is necessary in order to achieve this purpose. Similarly, wWhere authentication of a subscriber is sufficient in order to deliver the service provided, identification of the subscriber should not be required.
Amendment 152 #
2015/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
(1a) This Regulation is without prejudice to the Union law in the field of taxation.
Amendment 158 #
2015/0284(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation introduces a common approachlegal framework to ensuring that subscribers to online content services in the Union, when temporarily present in a Member State, can access and use these servicesportable and legally acquired online content services in their Member State of residence can access and use these services when temporarily present in another Member State.
Amendment 163 #
2015/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) "Member State of residence" means the Member State where the subscriber is habituallyhas his or her actual and stable residingence;
Amendment 163 #
2015/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
This Regulation applies to all online content services provided to a subscriber against payment of money.
Amendment 165 #
2015/0284(COD)
Proposal for a regulation
Article 2 – point a
Article 2 – point a
(a) "Subscriber" means any consumer who, on the basis of a contract for the provision of an online content service with a provider, maycan access and use such service in the Member State of residence;
Amendment 169 #
2015/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) "Temporarily present" means a in a Member State" means a non-permanent presence of a subscriber in a Member State other than the Member State of residence;
Amendment 177 #
2015/0284(COD)
Proposal for a regulation
Article 2 – point d
Article 2 – point d
(d) "Temporarily present" means a non-permanent presence of a subscriber in a Member State other than this or her Member State of residence;
Amendment 180 #
2015/0284(COD)
Proposal for a regulation
Article 2 – point e
Article 2 – point e
(e) "Online content service" means a service as defined by Articles 56 and 57 of the Treaty on the Functioning of the European Union that a service provider is lawfully providing online in tto a subscriber in his or her Member State of residence on a portable basis and which is an audiovisual media service within the meaning of Directive 2010/13/EU or a service the main feature of which is the provision of access to and use of works, other protected subject matter or transmissions of broadcasting organisations, whether in a linear or an on- demand manner,
Amendment 194 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
(1a) The application of this Regulation cannot be circumvented by virtue of the choice of the law of a non-member country as the law applicable to contracts signed between service providers and rights holders or to contracts between providers and subscribers.
Amendment 195 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Paragraph 1 is without prejudice to the possibility for a service provider to allow a subscriber to also access and use the content licensed to the service provider in the Member State where the subscriber is temporarily present.
Amendment 197 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 204 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
(3a) Online service providers shall not limit the obligations set out in paragraph 1 of Article 3 on the basis of the use of any specific technology or devices.
Amendment 224 #
2015/0284(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 227 #
2015/0284(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Clauses in contracts between a service provider and a subscriber designed to prohibit or limit the cross-border portability of online content services shall be unenforceable under this Regulation.
Amendment 228 #
2015/0284(COD)
Proposal for a regulation
Article 5 – paragraph 1b (new)
Article 5 – paragraph 1b (new)
1b. The application of this Regulation cannot be circumvented by virtue of the choice of the law of a non-Member State of the Union as the law applicable to contracts signed between service providers and rightholders or to contracts between service providers and subscribers.
Amendment 235 #
2015/0284(COD)
Proposal for a regulation
Article 6
Article 6
The processing of personal data carried out within the framework of this Regulation including, in particular, for purposes of verification of the Member State of residence under Article 5(2)3b, shall be carried out in compliance with Directives 95/46/EC and 2002/58/EC.
Amendment 239 #
2015/0284(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
Three years after the entry into force of this Regulation, and every three years thereafter, the Commission shall assess the application of this Regulation and submit to the European Parliament and to the Council a report on the application of this Regulation. The report shall include, inter alia, an assessment of the effectiveness of the verification means of the Member State of residence, including newly developed industry standards and practices. The Commission's report shall be accompanied, if appropriate and necessary, by legislative or non-legislative proposal(s).
Amendment 249 #
2015/0284(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
(1a) Three years after the entry into force of this Regulation, and at three-year intervals thereafter, the Commission shall assess the application of this Regulation and submit to the European Parliament and to the Council a report on the application of this Regulation. The report shall include, inter alia, an assessment of the effectiveness of the verification means of the Member State of residence, including newly developed industry standards and practices, and, if necessary, on the need for a review. The Commission's report shall be accompanied, if appropriate, by legislative or non-legislative proposal(s).
Amendment 56 #
2015/0269(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) It is necessary to include minimum requirements for safe storage of firearms in this Directive. Member States should ensure that any person that lawfully acquires or possesses a firearm is required to take reasonable precautions to ensure that the firearm – and the ammunition for that firearm – is secured from loss or theft and is not accessible to third parties.
Amendment 74 #
2015/0269(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To avoid that markings are easily erased and to clarify on which components thethat markings should be affixed on all essential components of a firearm, common Union rules on marking should be introduced.
Amendment 105 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1h
Article 1 – paragraph 1h
1h. For the purposes of this Directive, "replica firearms" shall mean objects that have the physical appearance of a firearm, – excluding toy weapons clearly designed for children – but are manufactured in such a way that they cannot be converted to firing a shot or expelling a bullet or projectile by the action of a combustible propellant.
Amendment 123 #
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 1
Article 4 – paragraph 1
1. Member States shall ensure that all the essential components of any firearm or part placed on the market hasve been marked and registered in compliance with this Directive.
Amendment 129 #
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 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
For the purposes of identifying and tracing each assembled firearm and its essential components, Member States shall, at the time of manufacture of each firearm or each essential component for that firearm or at the time of import to the Union, require a unique marking including the name of the manufacturer, the country or place of manufacture, the serial number and the year of manufacture, if not already part of the serial number. This shall be without prejudice to the affixing of the manufacturer's trademark.
Amendment 132 #
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 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Amendment 136 #
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 2 – subparagraph 4
Article 4 – paragraph 2 – subparagraph 4
Furthermore, Member States shall ensure, at the time of transfer of a firearm or any of its essential components from government stocks to permanent civilian use, the unique marking permitting identification of the transferring government.
Amendment 142 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
This filing system shall record each firearm's type, essential components, make, model, calibre and serial number, as well as the names and addresses of the supplier and the person acquiring or possessing the firearm. The record of firearms, including deactivated firearms, shall be maintained until destruction of the firearm has been certified by the competent authorities.
Amendment 150 #
2015/0269(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established and holding in their possession firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation and registration by the Member State concerned and provided that those firearms have been deactivatedmeasures are in place in order to avoid any risk to public security or public order and that the firearms concerned are stored with a level of security proportionate to the risks associated with unauthorized access to such firearms.
Amendment 169 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Member States shall provide for standard medical tests for issuing or renewing authorisations as referred to in paragraph 1 and shall withdraw authorisations if any of the conditised suitability tests, consisting of an evaluation of the physical and cognitive abilities and the psychological well-being of the persons referred to in paragraph 1 for the issuing or renewing authorisations as referred to in paragraph 1. If the result of this suitability test indicates that a person is not suitable for the acquisition and possessions on the basis of which it was granted is no longer metf a firearm, then the Member States in question shall not grant or shall withdraw the authorisations as referred to in paragraph 1.
Amendment 175 #
2015/0269(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Since cCollectors have been identified as a possible source of traffic of firearms, they should be covered by this Directivthe same rights as other users covered by Directive 91/477/EC and should therefore be included in its scope.
Amendment 175 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2b (new)
Article 5 – paragraph 2b (new)
(2b) Member States shall withdraw the authorisations referred to in paragraph 1 if any of the conditions contained in this Article are no longer met.
Amendment 179 #
2015/0269(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Since brokers provide services similar to those of dealers, they should also be covered by this Directive and should be subject to the same obligations as dealers in all relevant respects.
Amendment 182 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 1a (new)
Article 6 – paragraph 1a (new)
For the purposes of national defence, and without prejudice to paragraph 1, the competent authorities may grant authorisations for the acquisition and possession of such firearms and ammunition by reservists or other specifically defined categories of individuals, where this is not contrary to public security or public order.
Amendment 187 #
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 Directive. 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 224 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 91/477/EEC
Article 10c (new)
Article 10c (new)
Article 10c Member States shall ensure that a person who lawfully acquires or possesses a firearm is required to take reasonable precautions to ensure that the firearm and the ammunition for that firearm are secured from loss or theft and are not accessible to third parties.
Amendment 233 #
2015/0269(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Transitional measures should be provided for some of the new measures introduced on firearms in category A in order to avoid problems of implementation.
Amendment 234 #
2015/0269(COD)
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) This Directive should not limit the practice of sport activities, for which Member States may permit strictly limited exemptions for reasons of sport training and competitions.
Amendment 247 #
2015/0269(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) It is necessary to include minimum requirements for safe storage of firearms in Directive 91/477/EEC. Member States should ensure that any person that lawfully acquires or possesses a firearm is required to take reasonable precautions to ensure that the firearm – and the ammunition for that firearm – is secured from loss or theft and is not accessible to third parties.
Amendment 285 #
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 converted firearms being used in criminal offences, notably by including them in the scope of the Directive 91/477/EEC and by maintaining them under the category to which they respectively belonged before their transformation. 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 323 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 91/477/EEC
Article 1 – paragraph 1b
Article 1 – paragraph 1b
1b. For the purposes of this Directive, "essential component" shall mean the barrel, framechamber, loader, frame, body, receiver, slide or cylinder, bolt or breaech block and any device designed or adapted to diminish the sound caused by firingor other mechanism for containing the pressure of discharge at the rear of the chamber of a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted.
Amendment 350 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1f
Article 1 – paragraph 1f
1f. For the purposes of this Directive, "alarm and signal weapons" shall mean portable devices with a cartridge holder having a gas exit to the front, aside or on the top, which are specifically designed and constructed for the purpose of raising alarm or sending a signal and which are only designed to fire blanks, irritants, other active substances or pyrotechnic ammunitionsignalling devices.
Amendment 354 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1g
Article 1 – paragraph 1g
1g. For the purposes of this Directive, "salute and acoustic weapons" shall mean firearms specifically converted for the sole use of firing blanks, for use in theatre performances, photographic sessions, movies and television recordings.
Amendment 365 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1h
Article 1 – paragraph 1h
1h. For the purposes of this Directive, "replica firearmfirearm reproductions" shall mean objects that have the physical appearance of a firearm, but and are manufactured in such a way that they cannot be converted to firing a shot or expelling a bullet or projectile by the action of a combustibled propellant.
Amendment 374 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1i
Article 1 – paragraph 1i
1i. For the purposes of this Directive, "deactivated firearms" shall mean firearms that have been modified with the purpose of rendering them permanently unfit for use by deactivation, ensuring that all essential parcomponents of the firearm have been rendered permanently inoperable and incapable of removal, replacement or a modification that would permit the firearm to be reactivated in any way.
Amendment 419 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any firearm or partessential component thereof placed on the market: (a) has been marked and registered in compliance with this Directiveprovided with a unique marking, which is clear and permanent; and (b) that marking is registered in compliance with this Directive without delay after manufacture or import into the Union. The Commission shall adopt implementing acts establishing technical specifications for the marking. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13b.
Amendment 459 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Amendment 481 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall makregulate the pursuit of the activity of dealers or brokers within their territory, making it conditional upon authorisation on the basis of at leastthe following measures: (a) registration of brokers and dealers operating within their territory; (b) licensing or authorisation of the activities of brokers and dealers; (c) 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.
Amendment 488 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 1 – second sentence
Article 4 – paragraph 4 – subparagraph 1 – second sentence
This at data-filing system shall record each firearm's type, make, model, calibre and serial numberall information relating to firearms which is needed in order to trace and identify those firearms. That information shall include each firearm's type, make, model, calibre and serial number, and any conversions or modifications to a firearm, including its certified deactivation or destruction and the date thereof, as well as the names and addresses of the supplier and theof each person acquiring or possessing the firearm. The record of firearms, including deactivated firearms, shall be maintained until destruction of, including the dates of acquisition and, where applicable, the end of possession or transfer to another person. The current records relating to each firearm and the person possessing it shall be immediately accessible to all authorised authorities. All records relating to the firearm shasll been certified by the competent authorities maintained in an electronically retrievable format for an indefinite period after certified deactivation or destruction.
Amendment 502 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 91/477/EEC
Article 4b
Article 4b
Amendment 529 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) are not likely to be a danger to themselves or others, to public order or to public safety; having been convicted of a violent intentional crime shall be considered as indicative of such danger.
Amendment 552 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Member States shall provide for a standard medical testsised suitability test, consisting of an evaluation of the physical and cognitive abilities and the psychological well-being of the person concerned, for issuing or renewing authorisations as referred to in paragraph 1 and shall withdraw authorisations if any of the conditions on the basis of which it wasthey were granted is no longer met.
Amendment 572 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
Without prejudice to the first subparagraph of this paragraph, Member States may establish or maintain a system of monitoring on a continuous or periodic basis.
Amendment 576 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States shall withdraw the authorisations referred to in paragraph 1 if any of the conditions laid down in this Article is no longer met.
Amendment 585 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Member States shall take all appropriate steps to prohibit the acquisition and the possession of the firearms and ammunition classified in category A and to destroy those firearms and ammunition held in violation of this provision and seized. In special cases for reasons of national security and defence the competent authorities may grant strictly limited authorisations for such firearms and ammunition where this is not contrary to public security or public order.
Amendment 608 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Member States may authorise bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established to keep in their possession firearms classified in category A acquired before [the date of entry into force of this Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b), provided that effective measures are in place to avoid any risk to public security or public order and provided that the firearms concerned are stored with a level of security proportionate to the risks associated with unauthorised access to such firearms. Member States shall establish a register of all such authorised bodies and of the firearms in their possession classified in category A.
Amendment 632 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3
Article 6 – paragraph 3
The acquisition of firearms and their parts and ammunitionessential components concerning categories A, B and C by means of distance communication, as defined in Article 2 of Directive 97/7/EC of the European Parliament and of the Council(*), shall be authorised only with respect to dealers and brokers and shall be subject to the strict control of the Member Statesstrict control by the Member States. Payment transactions for the acquisition of firearms and their essential components by means of distance communication shall be traceable and subject to verification by a national competent authority. (*) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 633 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3
Article 6 – paragraph 3
The acquisition of firearms and their parts and ammunition concerning categories A, B and C by means of distance communication, as defined in Article 2 of Directive 97/7/EC of the European Parliament and of the Council(*), shall be authorised only with respect to dealers and brokers and shall be subject to the strict control ofby the Member States. The acquisition of ammunition of firearms classified in categories A, B and C by means of distance communication shall be permitted only if the ammunition in question corresponds to firearms legally owned by the buyer. (*) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 645 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
Member States may permit strictly limited exemptions from the prohibition of firearms classified in category A7 for reasons of sport training and competitions upon application from a recognised sport shooting organisation and following positive opinion from a national sport shooting federation.
Amendment 651 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
(6a) The following Article is inserted: "Article 6a Transitional measures Member States may allow firearms classified in category A6 or category A7 and legally acquired and registered before... (the date of the entry into force of this Amending Directive) to be: (a) kept by the legal owner under the storage condition referred to in Article 10ba; or (b) inherited; or (c) acquired by authorised bodies."
Amendment 699 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Directive 91/477/EEC
Article 10 b a (new)
Article 10 b a (new)
(8a) The following Article is inserted: "Article 10ba Member States shall establish rules on the proper storage of firearms and ammunition to ensure that they are kept under supervision and stored in a secure way such as to minimise the risk of their being accessed by unauthorised persons. Firearms and their ammunition shall not be readily accessible together. Supervision in such cases shall mean that the person possessing the firearm or the ammunition has control over them and shall include, as a minimum, storage in a safe box when the firearm or ammunition is not in use. The level of scrutiny for the storage arrangements shall correspond to the category of the firearm concerned."
Amendment 710 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 4
Article 13 – paragraph 4
4. TFor the purpose of the efficient application of this Directive, the competent authorities of the Member States shall exchange information on the authorisations granted for the transfers of firearms to another Member State as well as information with regard toby electronic means via a data-exchange platform or interoperable data-exchange platforms, including, without limitation, information on the structure of their computerised data-filing systems as referred to in Article 4(4) with a view to enabling their interconnection with other existing instruments concerning: (a) their application of Articles 5 and 6; (b) authorisations granted for the transfer of firearms to another Member State; and (c) refusals to grant authorisations as definedprovided for in Article 7.
Amendment 715 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 13a concerning the modalities of exchange of information on authorisations granted and on refusals and the establishment and maintenance of a European platform for data exchange. The Commission shall adopt the first such delegated act by ... [9 months after the date of entry into force of this Amending Directive].
Amendment 769 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 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
7. Semi-automatic firearms for civilian use which resemble weapons with automatic mechanismwith one or more of the following characteristics: (a) allowing the user to fire more than 11 rounds without reloading, if a magazine with a capacity exceeding 10 cartridges is connected to the firearm; (b) having a magazine holding more than 10 rounds; (c) long, but capable of being reduced to a length of less than 60cm without losing functionality, notably by means of a folding or telescoping stock or by a stock that can be removed without using tools;
Amendment 780 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 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 785 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 8 a (new)
Annex I – part II – point A – category A – point 8 a (new)
8a. Any firearm under category A which has been converted into a salute and acoustic weapon.
Amendment 786 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i a (new)
Article 1 – point 13 – point a – point i a (new)
Directive 91/477/EEC
Annex I – part II – point A – category B – point 4
Annex I – part II – point A – category B – point 4
(ia) in category B, point 4 is replaced by the following: "4. Semi-automatic long firearms whose magazine and chamber can together hold more than three but fewer than 12 rounds."
Amendment 800 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point ii
Article 1 – point 13 – point a – point ii
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7
Annex I – part II – point A – category B – point 7
(ii) in category B, point 7 is deleted.replaced by the following: "7. Semi-automatic firearms for civilian use which resemble weapons with automatic mechanisms and which are not included in category A."
Amendment 805 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point ii a (new)
Article 1 – point 13 – point a – point ii a (new)
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7 a (new)
Annex I – part II – point A – category B – point 7 a (new)
(iia) in Category B, the following point is added: "7a. Any firearm under category B which has been converted to a salute and acoustic weapon."
Amendment 807 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point ii b (new)
Article 1 – point 13 – point a – point ii b (new)
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7 b (new)
Annex I – part II – point A – category B – point 7 b (new)
(iib) in category B, the following point is added: "7b. Firearms classified in points 1 to 7 of category A after having been deactivated."
Amendment 816 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – category C – point 5
Annex I – part II – point A – category C – point 5
5. Alarm and signal weapons, salute and acoustic weapons as well as replica and reproduction firearms;
Amendment 818 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – category C – point 5 a (new)
Annex I – part II – point A – category C – point 5 a (new)
5a. Any firearm under this category having been converted to salute and acoustic weapons.
Amendment 27 #
2015/0268(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Where offers of securities to the public are addressed only to domestic investors in one Member State, and thus have no cross-border effects, and where such offers do not exceed a total consideration of EUR 105 000 000, the passport mechanism under this Regulation is not needed and drawing up a prospectus may represent a disproportionate cost. Therefore it is appropriate to allow Member States to decide to exempt such kinds of offers from the prospectus obligation set out in this Regulation, taking into account the level of domestic investor protection they deem to be appropriate. In particular, Member States should be free to set out in their national law the threshold between EUR 500 000 and EUR 105 000 000, expressed as the total consideration of the offer over a period of 12 months, from which this exemption should apply.
Amendment 29 #
2015/0268(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The summary of the prospectus should be a useful source of information for investors, in particular retail investors. It should be a self-contained part of the prospectus and should focus on key information that investors need, based on the targets established by Regulation (EU) No 1286/2014 of the European Parliament and of the Council on key information documents for packaged retail and insurance-based investment products (PRIIPs), in order to be able to decide which offers and admissions to trading of securities to consider further. Such key information should convey the essential characteristics of, and risks associated with, the issuer, any guarantor, and the securities offered or admitted to trading on a regulated market. It should also provide the general terms and conditions of the offer. In particular, the presentation of risk factors in the summary should consist of a limited selection of specific risks which the issuer considers to be the most material ones.
Amendment 48 #
2015/0268(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point d
Article 1 – paragraph 3 – point d
(d) an offer of securities with a total consideration in the Union of less than EUR 5100 000, which shall be calculated over a period of 12 months;
Amendment 53 #
2015/0268(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) the total consideration of the offer is less than a monetary amount calculated over a period of 12 months, which shall not exceed EUR 105 000 000.
Amendment 16 #
2015/0068(CNS)
Proposal for a directive
Recital 1
Recital 1
(1) The challenge posed by cross-border tax avoidance, aggressive tax planning and harmful tax competition has increased considerably and has become a major focus of concern within the Union and at global level. Advance tax rulings are supposed to provide legal certainty for investors, but are instead being misused for tax dumping. Such illegitimate tax avoidance models must also become illegal in the future. Tax base erosion is considerably reducing national tax revenues, which hinders Member States in applying growth- friendly tax policies. In particular, rulings concerning tax-driven structures lead to a low level of taxation of artificially high amounts of income in the country giving the advance ruling and may leave artificially low amounts of income to be taxed in any other countries involved. An increase in transparency is therefore urgently required. The tools and mechanisms established by Council Directive 2011/16/EU13 need to be enhanced in order to achieve this. __________________ 13 Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC (OJ L 64 of 11.3.2011, p. 1).
Amendment 18 #
2015/0068(CNS)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) The principle must apply that companies pay taxes in the countries in which they generate their profits. This requires the profits to be recorded in a country-specific manner.
Amendment 25 #
2015/0068(CNS)
Proposal for a directive
Recital 6
Recital 6
(6) In order to reap the benefits of the mandatory automatic exchange of advance cross-border rulings and advance pricing arrangements, the information should be communicated promptly after they are issued and therefore regular intervals for the communication of the information should be established; efficient and effective sanctions must be imposed on Member States in cases of non- compliance.
Amendment 29 #
2015/0068(CNS)
Proposal for a directive
Recital 8
Recital 8
(8) Member States should exchange the basic information to be communicated also with the Commission, in addition to the new central public register for tax matters. This would enable the Commission at any point in time to monitor and evaluate the effective application of the automatic exchange of information on advance cross-border rulings and advance pricing arrangements. Such communication will not discharge a Member State from its obligations to notify any state aid to the Commission. Calls on the EU Commission to apply the only instrument currently available, EU aid law, in the necessarily stringent manner, in order to effectively combat the practice of some Member States of attracting multinational corporations with tax rebates or full tax exemptions.
Amendment 45 #
2015/0068(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8 a – paragraph 1
Article 8 a – paragraph 1
(1) The competent authority of a Member State issuing or amending an advance cross-border ruling or an advance pricing arrangement after the date of entry into force of this Directive shall, by automatic exchange, communicate information thereon to the competent authorities of all other Member States, to the new central public register for tax matters as well as to the European Commission.
Amendment 46 #
2015/0068(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8 a – paragraph 2
Article 8 a – paragraph 2
(2) The competent authority of a Member State shall also communicate information to the competent authorities of all other Member States, to the new central public register for tax matters as well as to the European Commission on advance cross- border rulings and advance pricing arrangements issued within a period beginning ten years before the entry into force but still valid on the date of entry into force of this Directive.
Amendment 48 #
2015/0068(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8 c (new)
Article 8 c (new)
Amendment 166 #
2014/2256(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes a reform of the EU copyright system which moves beyond the current fragmentation among Member States to be essential for full and proper development of a digital single market. Considers it important therefore for there to be uniform rules at European level, for the current rules to be updated in response to the dissemination of new technologies and to user and consumer behaviour, and for it to be recognised that copyright holders need to receive appropriate remuneration in the context of a new negotiating position vis-à-vis intermediaries;
Amendment 192 #
2014/2256(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges the necessity for authors and performers to be provided with up-to-date, EU-wide legal protection for their creative and artistic work; recognises the role of producers and publishers in bringing works to the market, and the need for appropriate remuneration for all categories of rightholders; calls for improvements to the contractual position of authors and performers in relation to other rightholders and intermediaries;
Amendment 248 #
2014/2256(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recommends that the EU legislator, to protect the public interest, further lower the barriers to the re-use of public sector information by exempting works produced by the public sector – as part of the political, legal and administrative process – from copyright protection;
Amendment 320 #
2014/2256(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Views with concern the increasing impact of differences among Member States in the implementation of exceptions, which creates legal uncertainty for authors and users and has direct negative effects on the functioning of the digital single market, in view of the development of cross-border activities;
Amendment 350 #
2014/2256(INI)
Motion for a resolution
Paragraph 11 f (new)
Paragraph 11 f (new)
11f. Considers it necessary to strengthen exceptions for institutions of public interest, such as libraries, museums and archives, in order to promote wide- ranging access to cultural heritage, including through online platforms;
Amendment 466 #
2014/2256(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for a broad exception for research and education purposes, whichin the general public interest and in order to promote a virtuous circulation of knowledge; takes the view that this should cover not only educational establishments but any kind of educational or research activity, including non-formal education;
Amendment 485 #
2014/2256(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for the adoption of a mandatory exception allowing libraries to lend books to the public in digital formats, irrespective of the place of access, so that their public interest duty of disseminating knowledge can be fulfilled effectively and in an up-to-date manner;
Amendment 115 #
2014/2249(INI)
Motion for a resolution
Recital P
Recital P
P. whereas the Union should be endowed with increased investment capacity by ensuring better use of the existing structural funds and by fully implementing the existing six-pack and two-pack legal frameworkand by a golden rule for public investment which exempts public investment from debt accounting as investment creates assets and future income streams;
Amendment 512 #
2014/2249(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Calls for better use of the existing structural funds in the direction of fostering competitiveness and cohesion, and for the creation of an incStresses that in the current economic environment of subdued demand, the inflation target of the ECB can only be reasched EU investment capacity through the exploitation of innovative approaches such as the European Fund for Strategic Investments, or through the creation of a specific facility to finance and guarantee infrastructure projects in the interest of the Unwith the support of expansionary fiscal policies as well as strengthening unions collective bargaining power in order to ensure wage growth in line with countries average productivity growth and the ECBs inflation target; calls for better use of the existing structural funds in the direction of fostering cohesion;
Amendment 514 #
2014/2249(INI)
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45a. Calls for the deduction of net public investment from public debt in an effort to implement the "golden rule for public investment" in order to allow for an optimal intergenerational allocation of public investment; believes that the definition of what qualifies as investment should be assessed; considers that in order to limit short term public debt a corresponding threshold for net investment could be implemented; considers that implementation of the rule could be done through annexing an "investment protocol" to the Treaties under the simplified revision procedure of Art. 48 TEU;
Amendment 517 #
2014/2249(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
Amendment 23 #
2014/2240(INI)
Motion for a resolution
Recital C
Recital C
C. whereas there is a great deal of ignorance about the seas and oceans, their resources and biodiversity, and the ways in which these interact with human activities – whether taking place or still to be developed – and whereas inadequate knowledge on those points severely inhibits sustainable use of the resources concerned and poses an obstacle to innovation;
Amendment 84 #
2014/2240(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for clear-cut objectives and time- frames to be laid down with a view to making data – whether relating to the sea- floor or to the water column and living resources – more accessible and, more fully interoperable and harmonised for information about seas and oceans to be supplied to the public;
Amendment 100 #
2014/2240(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges the Commission to bring regular assessment to bear on the implementation of the Horizon 2020 programme in fields related to the blue economy and to publicise the findings; supports the establishment of a contractual Public Private Partnership for the maritime industry under the framework of Horizon 2020 and calls for it to be included in the work programme of Horizon 2020 for 2016/17.
Amendment 136 #
2014/2240(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for an appropriate financial framework to be established in order to stimulate the development of the blue economy and job creation, combining and, coordinating and facilitating the access to the financial instruments available – structural and investment funding (EMFF, ERDF, ESF, Cohesion Fund), the research framework programme, and so forth; points out that the instruments should be better geared to the needs of individual stakeholders – public institutions, businesses, especially SMEs, non- governmental organisations, etc. – and the opportunities being offered widely publicised;
Amendment 163 #
2014/2240(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Considers that environmentally healthy coastal and maritime areas are key for sustainable human activities; calls therefore for the full implementation of the Marine Strategy Framework directive;
Amendment 221 #
2014/2240(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Emphasises the importance of promoting socially, economically and environmentally sustainable forms of tourism that can constitute a significant source of added value for maritime areas;
Amendment 126 #
2014/2237(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recommends that Member States increase the quantity, amounts, scope and effectiveness of the social support specifically directed to children, but also to parents (such as unemployment benefits) and to promote labour laws that guarantee social rights and security to families and fight precarious employment; and the phenomenon of the working poor; Considers as useful a combined strategy of direct and specific action on cases of extreme poverty, defining appropriate indicators and criteria to identify such cases, i.e. levels of income and access to basic necessities. A strategy should be implemented in individual Member States through the European Social Fund and national and regional resources earmarked for social policies and inclusion.
Amendment 144 #
2014/2237(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recommends that Member States implement or enhance universal implement or enhance universal welfare benefits targeting children as welfare benefits targeting children as an intrinsic right of the child; an intrinsic right of the child, in particular focussing on specific cases in some Member States where child poverty levels are particularly high and thus require direct action to be taken in the short term.
Amendment 168 #
2014/2237(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Asks the Commission to emphasise the need for investment in free, public education by pinpointing specific education methods for the most vulnerable social groups, such as immigrants or people with disabilities of various kinds. Considers that education can be a key priority in ensuring that children acquire the skills which will enable them to access skilled, well-paid jobs, enabling them to build their own way out of poverty.
Amendment 174 #
2014/2237(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Urges Member States to implement and monitor plans for alleviating child poverty, putting the focus on the intrinsic rights of children, and setting targets for reducing poverty and child social exclusion; Considers moreover that the very definition of poverty should be seen through the prism of both monetary and economic factors, linked to meeting basic needs, and aspects linked to access to culture, sport and free time in general.
Amendment 300 #
2014/2237(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recommends that the Commission and Member States develop statistical methods that integrate multidimensional indicators in measuring poverty to take into account the limitations of relative poverty measurements and the work of the UNDP, UNICEF and the OECD, going beyond the AROPE indicator; Considers it useful, given the limitations encountered thus far in meauring relative poverty and the subsequent identification of efficient policies and strategies, to develop (including through collaborations with research institutes and universities who have produced studies on the multidimensional phenomenon of child poverty) statistical indicators, appropriate analyses to determine the quality of services and care provided to children in the EU and their wellbeing and to identify the limitations of previously adopted anti- poverty plans. Considers it necessary to encourage the participation of individuals and groups which are directly concerned, i.e. stakeholders, families and children. Considers it desirable, in addition, to promote awareness-raising campaigns directed at these groups vis-à-vis the possibilities and conditions of access to the measures implemented to fight child poverty and, addressing a wider audience, provide information on the phenomenon itself, thus being able to raise awareness of the issue.
Amendment 307 #
2014/2237(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Considers it necessary to draw up specific strategies, to be implemented in individual Member States, seeking to measure and compare the extent of gambling, in particular online gambling. This is an increasingly recurring phenomenon in families affected by poverty and has serious economic and social ramifications which have negative consequences, especially for children.
Amendment 65 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point e
Paragraph 1 – point e
e. Calls on the Commission to ensure that foreign investors from the EU are not disadvantaged in the USA, including in relation to investors from other third States (such as Canada, Mexicoare treated in a non- discriminatory fashion and have a fair opportunity to seek and achieve redress of grievances, Cwhina, India and TPP States), which already now, or in future on the basis of negotiations currently under way, enjoyle benefiting from no greater rights than domestic investors; to oppose the inclusion of ISDS in TTIP, as other options to enforce investorment protection and have access to mechanisms for the settlement of disputes between States and investorre available, such as domestic remedies;
Amendment 6 #
2014/2059(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Reiterates its call on the Commission to put forward proposals, within the framework of the mid-term review of the Europe 2020 strategy, to classify the Single Market as a specific pillar of the European Semester, including dedicated guidelines and country-specific recommendations thereon;
Amendment 23 #
2014/2059(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Believes that within the European Semester process a more open and effective political coordination is needed, notably through a greater involvement of national parliaments, a stronger and earlier contribution of the social partners and by enhancing prerogatives of the European Parliament;
Amendment 25 #
2014/2059(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Highlights that European economies need to perform by taking full advantage of their interdependence in the Single Market, while taking into account the varying development stages and priorities of the Member States; believes that specific focus should be put both on industry and services with a view to fostering virtuous convergence between production systems and positive spill-over across the Single Market;
Amendment 40 #
2014/2059(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Shares the Commission’s concerns about the increasing number of multinational companies that are using corporate tax strategies to reduce or evalude their global tax burden by taking advantage of mismatches between tax systems; stresses that better and stronger tax coordination is needed in order to ensure a level playing field and to avoid unfair competition and detrimental distortions within the Single Market;
Amendment 42 #
2014/2059(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Considers that the Single Market is an essential lever for growth, and that the key sectors identified by the Commission – services, financial services, transport, energy and the digital market – are decisive for its full integration;
Amendment 55 #
2014/2059(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Believes that Member States have to step up their efforts to modernise their public administrations, by providing more and better accessible digital services for citizens and businesses, reducing costs and enhancing efficiency; highlights that the proper and quick implementation of EU public procurement and concessions legislation would provide a great opportunity to modernise public administration, at both government and local levels, by enhancing the quality and effectiveness of public spending and investment.
Amendment 58 #
2014/2059(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Considers it essential to override the current fragmentation of national rules regarding digital services and to build a more innovative and transparent digital Single Market based on sound competition, providing a high level of accessibility and consumer protection;
Amendment 180 #
2014/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) for making legitimatopportune use of the right to freedom of expression and information, as guaranteed by the Charter of Fundamental Rights of the European Union;
Amendment 186 #
2014/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a a (new)
Article 4 – paragraph 2 – point a a (new)
(aa) where disclosure is clearly in the general public interest;
Amendment 189 #
2014/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) for the purpose of revealing an applicant’s misconduct, wrongdoing or illegal activity, provided that the alleged acquisition, use or disclosure of the trade secret was necessary for such revelation and that the respondent acted in the public interest;
Amendment 198 #
2014/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b a (new)
Article 4 – paragraph 2 – point b a (new)
(ba) disclosure of the information by a public administration was requested or made necessary according to their mandate, as required or allowed by national or Union law;
Amendment 231 #
2014/0402(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) avoids the creation of barriers to legitimate trade, competition and worker mobility in the internal market.
Amendment 241 #
2014/0402(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1 – point a a (new)
Article 6 – paragraph 2 – subparagraph 1 – point a a (new)
(aa) provide for compensation for economic damage and losses incurred, if any;
Amendment 272 #
2014/0402(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 – point a
Article 8 – paragraph 2 – subparagraph 2 – point a
(a) to restrict access to any document containing trade secrets submitted by the parties or third parties, in whole or in part, provided that at least one person from each of the parties, their legal representatives and court officials are given full access to the document;
Amendment 296 #
2014/0402(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that the competent judicial authorities have, in respect of the measures referred to in Article 9, the authority to require the applicant to provide evidence that may reasonably be considered available in order to satisfy themselves, with a sufficient degree of certainty, that a trade secret exists, that the applicant is the legitimate trade secret holder and that the trade secret has been acquired unlawfully, that the trade secret is being unlawfully used or disclosed, or that an unlawful acquisition, use or disclosure of the trade secret is imminent.
Amendment 317 #
2014/0402(COD)
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1 – introductory part
Article 12 – paragraph 3 – subparagraph 1 – introductory part
Member States shall provide that, at the request of the person liable to be subject toone of the parties, in the event of the measures provided for in Article 11 being applied, the competent judicial authority may order pecuniary compensation to be paid to the injured party instead of applying those measures if all the following conditions are met:
Amendment 322 #
2014/0402(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that the competent judicial authorities, on the application of the injured party, order the infringer who knew or ought to have known that he or she was engaging in unlawful acquisition, disclosure or use of a trade secret, to pay the trade secret holder damages commensurate to the actual prejudice suffered as a result of the infringement.
Amendment 329 #
2014/0402(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. In accordance with their national law and practice, Member States may restrict the liability for damages of employees towards their employers for the unlawful acquisition, use or disclosure of a trade secret, provided that it was carried out unintentionally.
Amendment 330 #
2014/0402(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
When setting the damages, the competent judicial authorities shall take into account all appropriate factors, such as the negative economic consequences, including lost profits, which the injured party has suffered, any unfair profits made by the infringer and, in appropriate cases, elements other than economic factors, such as the moral prejudice caused to the trade secret holder by the unlawful acquisition, use or disclosure of the trade secret.
Amendment 339 #
2014/0402(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. By XX XX 20XX [four years after the end of the transposition period], the Commission shall draw up an intermediate report on the application of this Directive, including with regards to the potential effects thereof on fundamental rights, worker mobility and possible further improvements in relation to cooperation and innovation, and submit it to the European Parliament and the Council. This report shall take due account of the report prepared by the European Observatory on Infringements of Intellectual Property Rights.
Amendment 205 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2007/36/EC
Article 3d – paragraph 1
Article 3d – paragraph 1
1. Member States shall allow intermediaries to charge prices or fees for the service to be provided under this chapterArticles 3b and 3c of this chapter. Member States may allow intermediaries to charge prices or fees for the service to be provided under Article 3a of this chapter. Member States shall ensure that prices and fees for the services to be provided under this chapter are affordable and reasonable. Intermediaries shall publicly disclose, separately for each service, prices, fees and any other charges separately for eachfor the services referred to in this chapter.
Amendment 246 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2007/36/EC
Article 3f – paragraph 3 a (new)
Article 3f – paragraph 3 a (new)
3a. Institutional investors and asset managers shall publicly disclose, for each company in which they hold shares, whether and how they cast their votes in the general meetings of the companies concerned and provide an explanation for their voting behaviour. Where an asset manager casts votes on behalf of an institutional investor, the institutional investor shall make a reference as to where such voting information has been published by the asset manager. The information referred to in this paragraph shall be available, free of charge, at least on the company's website.
Amendment 325 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2007/35/EC
Article 9a – paragraph 3 – subparagraph 1
Article 9a – paragraph 3 – subparagraph 1
3. The policy shall explain how it contributes to the long-term interests and sustainability of the company. It shall set clear criteria for the award of fixed and variable remuneration, including all bonuses and all benefits in whatever form.
Amendment 351 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2007/36/EC
Article 9 a – paragraph 3 – subparagraph 4
Article 9 a – paragraph 3 – subparagraph 4
The policy shall indicate the main terms of the contracts of directors, including its duration and the applicable notice periods and payments linked to termination of contracts. and the characteristics of supplementary pension or early retirement schemes.
Amendment 116 #
Amendment 129 #
2014/0120(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) There should be appropriate controls in order to ensure that the founder of a single-member company is not a worker falsely declared as self- employed and as such deprived of the protection of labour law. In order to determine a genuine self-employment situation different elements should be taken into account, including inter alia factors related to the freedom to organise working time, place and activities, subordination and remuneration.
Amendment 132 #
2014/0120(COD)
Proposal for a directive
Recital 12
Recital 12
(12) To enable business to enjoy the full benefits ofguarantee fair competition in the internal market, Member States should not require the registered office of an SUP and its central administration to be in the same Member Stateat a single member company within the meaning of this Directive has its registered office in the same Member State where it has its principle place of business.
Amendment 166 #
Amendment 169 #
2014/0120(COD)
Proposal for a directive
Article 10
Article 10
Amendment 183 #
2014/0120(COD)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12 a Self-employment status of the founding member 1. Member States shall require that the founding member of the single-member company proves his/her genuine self- employment status. 2. A genuine self-employment status shall be presumed to be lacking where one or several of the following conditions are met: - The founding member has to submit to orders and instructions of another party in the performance of the work; - The founding member does not have the freedom to organise his/her working place, working time and relevant working activities; - The income of the founding member does not depend directly on the profits made; - The founding member receives periodic payment of remuneration, and such remuneration constitutes the founding member's sole or principal source of outcome.
Amendment 190 #
2014/0120(COD)
Proposal for a directive
Article 13 – paragraph 1 – point i a (new)
Article 13 – paragraph 1 – point i a (new)
Amendment 7 #
2014/0000(INI)
Motion for a resolution
Recital B
Recital B
B. whereas there is a need to strengthen the governance of the Single Market within the European Semester and to improve the transposition, implementation and enforcement of the rules which govern it, preserving the necessary balance between the economic, social and environmental dimensions, and to improve the quality of the transposition, implementation and enforcement of the rules which govern it so that they function in both practical and economic terms, significantly reducing the duration of infringement proceedings;
Amendment 13 #
2014/0000(INI)
Motion for a resolution
Recital E
Recital E
E. whereas while many tools, chiefly specific indicators, exist to measure the economic performance of the Single Market within the European Semester, so far they have not yet triggered any clear impact on policy;
Amendment 15 #
2014/0000(INI)
Motion for a resolution
Recital F
Recital F
F. whereas a well functioning and effective Single Market, based on a highly competitive social market economy, is needed to boost sustainable growth and competitiveness, to attract investment, to promote social cohesion and to create jobs so as to revitalise the European economy; whereas the Member States and the EU should jointly draw up a European reindustrialisation strategy in strategic sectors with a view to achieving these objectives;
Amendment 48 #
2014/0000(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to makRegrets the fact that the Commission has so far not considered promoting the Single Market governancto be a priority in the European Semester in general and to take full account of the keframework of the European Semester; reminds the Commission that a genuine Single Market would significantly boost economic growth and job creation in the EU; calls for the opportunity gprowth areasvided by this new framework to be taken and ofor the measures included in the Single Market Acts I and II to be developed to the full extent possible;
Amendment 57 #
2014/0000(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is greatly concerned by the persistent uncertainty of private investors, their lack of confidence and their reluctance to invest, in particular as a consequence of productivity standards with persisting Single Market fragmentationHighlights the urgent need to provide Europe with an ambitious investment plan whose priorities should be energy transition, the digital economy, RDI and training, and whose main objective would be to improve our economy’s productivity and put an end to Single Market fragmentation; notes that this plan should include strong public investment that will attract strong private investment to stimulate growth and increase the EU’s global competitiveness;
Amendment 62 #
2014/0000(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Highlights the need to link investment with innovation and entrepreneurship, maximising the opportunities offered by the digital economy and society and developing a smart European industrial policy; notes that this investment should take particular account of SMEs, which face the most difficulties in accessing investment, and should include practical measures to support start-ups and social entrepreneurship and innovation as a source of jobs for the future for young people;
Amendment 66 #
2014/0000(INI)
Motion for a resolution
Paragraph 11 e (new)
Paragraph 11 e (new)
11e. Points to the rising numbers of workers, particularly young people, who are moving away from their countries of origin to other Member States in search of employment, and notes that the Single Market must guarantee the free movement of people; calls on the Commission, together with the Member States, to promote intra-European mobility that will safeguard freedom of movement, the principle of equal treatment and access to regulated professions and guarantee fair working conditions for all Europeans;
Amendment 77 #
2014/0000(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that the completion of the Digital Single Market could generate additional GDP growth of 4.0 % over the period up to 2020 and supports new investment in infrastructure and the deployment of new technologies, such as 4G and 5G; considers the adoption of the EU’s general data protection framework and the Network and Information Security Directive as essential for the completion of the Digital Single Market by 2015; calls for investment to end unequal access to broadband and 4G networks in urban areas and other parts of the EU such as rural, outermost, island and mountain regions;
Amendment 81 #
2014/0000(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Stresses that, based on the ‘cost of non-Europe’ report, making progress on e-government could generate savings of EUR 100 billion per year; calls for Member States’ efforts to modernise their public administrations to be concentrated and intensified so that citizens and businesses can carry out more and more procedures electronically while making use of their rights in the Single Market, particularly at cross-border level;
Amendment 97 #
2014/0000(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Reiterates its support for comprehensive trade and investment agreements, respecting high levels of quality and security and the principle of reciprocity and safeguarding our labour, social, health and environmental standards, data protection, consumer protection and protection for public services of general interest, that would support the creation of quality jobs for European workers, directly benefit European consumers and open up new opportunities for EU companies, in particular small and medium-sized enterprises (SMEs);
Amendment 102 #
2014/0000(INI)
18a. Calls on Member States to strengthen the value chain in cross-border production as a key factor for promoting competitiveness and growth, creating jobs and reducing existing trade barriers in sectors which are relatively extensive, but which are not sufficiently integrated to maximise the benefits offered by the Single Market;
Amendment 115 #
2014/0000(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Reiterates the need for renewed efforts to combat taxfraud and tax avoidance and evasion, including through rapid progress in tackling the problem of VAT fraud;
Amendment 116 #
2014/0000(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses that the ‘cost of non- Europe’ report indicates that savings of EUR 9 billion per year could be generated through measures such as the standardisation of electronic invoices and coordination of cross-border tax systems; welcomes the Commission President’s announcement of an automatic exchange of information on national fiscal policy decisions; stresses the need to strengthen and improve tax coordination so as to prevent unfair competition and market distortions and ensure equal opportunities in the Single Market;
Amendment 161 #
2014/0000(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Insists, furthermore, that every effort should be made towards ensuring the more effective use of infringement proceedings for breaches of Union law provisions in the field of the Single Market, and that the Member States and the European Council should continue the further development of infringement proceedings in the framework of future revisions of the Treaty on the Functioning of the European Union; takes the view, nevertheless, that infringement proceedings should always be the last resort and should be opened only after several attempts at coordination and rectification have been made;
Amendment 8 #
2013/2194(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Appreciates the fact that the report on the state of the Single Market in 2014 contains a number of elements specifically relating to actions taken by individual Member States; considers nevertheless that the report still lacks any qualitative assessment of the effectiveness of measures taken, progress made and policy results actually achieved;
Amendment 11 #
2013/2194(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that country-specific recommendations issued in this process should take into account the progress made by each Member State and that the national arrangements for implementing Single Market legislation do not necessarily have to follow a one-size-fits-all approach, but should instead seek to enhance the effectiveness of measures taken and actual policy results achieved;
Amendment 18 #
2013/2194(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to present a detailed action plan of measures designed to achieve a fully integrated and interconnected Single Market in energy; highlights the need to provide consumers with transparent and comparable energy prices; takes the view that all utilities sectors must keep pace with progress in the energy sector, so as to ensure universal access and affordable prices for individual consumers, families and businesses;
Amendment 28 #
2013/2194(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that free movement of persons and workers across Europe is still not completed and that stronger measures are needed in order to remove the remaining obstacles and ensure the principle of equal treatment of workers; stresses the need for balanced development of the internal market, with full economic liberalisation being offset by the necessary social improvements, particularly with regard to workers' rights and conditions at the workplace;
Amendment 34 #
2013/2194(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges the Commission to submimake every effort to ensure that the remaining proposals announced in the Single Markets Acts, in particular the revision of the Transparency Directive, the introduction of a Common Consolidated Tax Base, the legislative proposal on common European rules of collective redress and the proposals facilitating long- term investment in the real economy, are approved and efficiently transposed and implemented; asks the Commission, furthermore, to implement the Modernised Customs Code by developing harmonised e-customs practices;
Amendment 36 #
2013/2194(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Believes that the regulation of financial services should provide for better information, enhanced protection and effective redress for consumers; stresses the need for a quick and positive conclusion of the work on legislative proposals on consumer and retail financial services market, in particular the Key Information Documents (KIDs) for packaged retail investment products, the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features; takes the view that further proposals, such as a specific consumer insolvency regime to improve on the current fragmented and inadequate arrangements, should be brought forward in order to encourage the safe investment of private savings in the real economy;
Amendment 37 #
2013/2194(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses the need for swift approval and proper transposition of legislation on public procurement and concessions; takes the view that implementation of this reform provides major opportunity to modernize public administration, develop its strategic potential under the Europe 2020 strategy, particularly in social and environmental terms, and enhance the quality and efficiency of public spending in response to specific local and national government requirements; considers these to be the key factors in successfully implementing the rules concerning public procurement and concessions;
Amendment 38 #
2013/2194(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Believes that the new rules regarding professional qualifications are an important step towards enhancing the free movement of workers and professionals; considers that they must be applied and implemented without delay in a bid to achieve a high common standard of training and allow young people in particular to take advantage of opportunities offered by the professional card; believes at the same time that a reform of the regulated professions is necessary to give young people better access to these professions and create a more dynamic market that gives adequate guarantees to consumers;
Amendment 40 #
2013/2194(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Believes, however, that purely quantitative statistics on the implementation of Single Market legislation are not sufficient and that it is necessary to focus on the quality of how the legislation is implemented within the Member States based on specific key indicators for sectors of the single market developed at European level;
Amendment 46 #
2013/2194(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on the Member States to implement in full the measures provided for under the digital agenda and step up efforts towards the modernisation of public administrations – not least through the fast implementation of measures related to e- government, e-health, e-invoicing and e- procurement – with a view to providing more and better digital services for citizens and business across Europe and to reduce costs and enhance the efficiency of the public sector;
Amendment 50 #
2013/2194(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Welcomes the Single Market Months which brought together, between 23 September and 23 October, citizens across Europe, policy-makers, experts and EU leaders in the online debate and the accompanying national events to discuss the progress made so far, the challenges remaining and ideas for the future of the Single Market, and calls on the Commission to take good stock of the concerns and suggestions put forward by the participants; calls on the Commission to evaluate the format and the effectiveness of the 2013 exercise, including its ability to reach out to citizens, businesses and consumers, and provide them with a real opportunity to help shape the Single Market;
Amendment 54 #
2013/2194(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Shares the Commission concern regarding the fragmentation of taxation policies and measures within the Union which causes obstacles to the proper functioning of the Single Market, notably market distortions and unfair competition damaging both businesses and consumers and hampering fiscal consolidation; calls on the Commission to take appropriate and effective actions in this regard also with a view to push Member States to develop coordinated growth-friendly tax policies by shifting the tax burden away from labour on to tax bases linked to property and pollution;
Amendment 55 #
2013/2194(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to present a detailed action plan of measures designed to achieve a fully integrated and interconnected Single Market in energy; highlights the need to provide consumers with transparent and comparable energy prices; stresses the need of considerable investment in energy infrastructure;
Amendment 56 #
2013/2194(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stress the importance of a consistent implementation of the package of concrete proposals submitted by the Commission in order to develop and complete the digital single market, in particular with regard to universal access to internet and up-to-date and transparent consumer protection mechanisms; stresses the importance of targeted investments, notably for fixed and mobile broadband; calls for specific measures in order to overcome the persisting big differences between Member States in the prices of electronic communication which have a very negative impact on consumers and business; in the meantime, considers it fundamental to put in place a comprehensive and up-to-date cyber- security strategy;
Amendment 57 #
2013/2194(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Considers it essential to ensure a full and universal access to health services and recalls that Member States still have to put in place all necessary measures in order to help patients exercise their rights to cross-border healthcare;
Amendment 59 #
2013/2194(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Welcomes the fact that, among the priorities set by the Commission in the Annual Growth Survey 2014 and the Single Market integration report, the development of forms of alternative financing for SMEs ranks high; strongly supports the objective to develop specific bonds and dedicated stock exchange market for SMEs and calls on the Commission and Member States to effectively pursue this goal;
Amendment 60 #
2013/2194(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Underlines the relevance of the obstacles to the functioning of the Single market caused by the fragmentation of the retail financial market services, as highlighted by the Commission in the Single Market integration report, in particular in relation to highly diverging interest rates for bank loans which have a strong impact on consumers, households and SMEs; is convinced that these differences hamper effective access to finance and bring negative impact on the real economy; is concerned about the negative assessment of consumers in relation to the fragmentation and underperformance of retail financial services, notably with regard to bank accounts, mortgages, private pensions and securities;
Amendment 61 #
2013/2194(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Retains that the current magnitude of private debt seriously affects the Single Market potential for internal growth and constitutes a serious threat - at least as much as public debt - to resilience and competitiveness of European economy; believes that insolvency schemes and specific tools for substantial reduction and restructuring of private debt to be devised for consumers, households and SMEs are key instruments needed in order to relaunch internal demand and growth in the internal market;
Amendment 63 #
2013/2194(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Welcomes the report on "International Value Chains Intra- and Extra-EU" as a positive example in using specific indicators in order to assess Single Market integration with specific attention to the production systems' spread in the EU; underlines the link between intra- and extra-EU integration and stresses the need for a balanced relation which safeguards the EU economic production; highlights the importance of macroeconomic and industrial policies developing an intense intra-EU value chain with a view to spread highly productive and competitive production systems linking the services with the manufacturing and primary sectors from the core to the periphery of the EU economy by exploiting the specific potentials of all countries and regions;
Amendment 1 #
2013/2134(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that the improvement of the economic governance framework should be based on a set of interconnected and mutually consistent policies that foster growth and employment and that the full development of the internal market is a prerequisite for this to happen;
Amendment 4 #
2013/2134(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Believes that, in the context of the European Semester, the Single Market should be considered integrated to other horizontal policy areas, such as consumer and worker protection, social rights, the environment and sustainable development;
Amendment 7 #
2013/2134(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Regrets that the lack of national and European investment will not allow the achievement of the priorities indicated in the report on the «State of the Single Market Integration 2013 - Contribution to the Annual Growth Survey 2013» in the key areas of energy, transport and digital market;
Amendment 12 #
2013/2134(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Underlines the importance of a stronger and earlier involvement of the social partners and all stakeholders in designing, adopting, implementing and monitoring the measures needed to boost growth and citizens' rights in the Single Market.
Amendment 1 #
2013/2062(INI)
Draft opinion
Recital -A (new)
Recital -A (new)
-A. having regard to Parliament’s resolution of 15 January 2013 with recommendations to the Commission on information and consultation of workers, anticipation and management of restructuring, in particular the request that the Commission should submit a legislative proposal on the basis of those recommendations,
Amendment 2 #
2013/2062(INI)
Draft opinion
Recital -B (new)
Recital -B (new)
-B. having regard to Parliament’s resolution of 3 July 2012 on eCall: a new 112 service for citizens,
Amendment 5 #
2013/2062(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises that the EU internal market is the most important factor in terms of ensuring a healthy future for the automotive industry: firstly, as a market for vehicles, it sets common technical standards, on behalf of 500 million consumers, on environmental performance, road safety, product safety and noise emissions, and these are valid and important for other industries beyond its borders; secondly, it is home to public and private research establishments offering cutting-edge research and thus helping to give the automotive industry a promising future;
Amendment 6 #
2013/2062(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines that ambitious investment at European level should be put in place to support the proposed strategy, including through Horizon 2020, EIB financing and European Social Fund;
Amendment 9 #
2013/2062(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Underscores the fact that the EU internal market should help to further not only the manufacture and sale of vehicle products but also the recyclability of vehicles and vehicle parts and the raw materials used in them;
Amendment 18 #
2013/2062(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the proposal for strengthening the market for alternative fuel vehicles, and urges that priority be given to the development of appropriate infrastructures through adequate investments at European, including through adequate funding in the Connecting Europe Facility instrument, and national level, and through the swift adoption of the legislative proposal and of a common standard on the recharging interface for electric vehicles;
Amendment 20 #
2013/2062(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes the proposal to develop a fuel labelling scheme, providing consumers with easy-to-understand information on the compatibility between their vehicles and the fuels on offer;
Amendment 21 #
2013/2062(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. With the objective of a better functioning single market, it is necessary to widen European standards based on the production of certified spare parts and components approved within the EU;
Amendment 26 #
2013/2062(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for stronger coordination of demand-side measures, including financial incentives and taxation policy, both on vehicles and fuels; asks the Commission to follow the guidelines on financial incentives with more binding actions to ensure a level playing field and contribute to the competitiveness of the industry across the EU; considers that demand-side measures, but also measures relating to day-to-day costs and conditions, should steer consumers towards safer and greener vehicles;
Amendment 39 #
2013/2062(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to take measures to ensure a high level of consumer protection, transparency and security also in the second hand car market, and to work towards a gradual phasing out of polluting and less safe vehicles, asks the Commission to standardize the regulations of ecological recycling of used cars;
Amendment 46 #
2013/2062(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Insists that current safety standards, particularly for L-class vehicles, be tightened, and that the safety requirements and under-run protective systems for lorries be improved.
Amendment 47 #
2013/2062(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Requires the European Commission and Member States to put more efforts in road safety, bringing forward actions on vehicles, infrastructures and driver behaviour sides; in this context recalls the European Parliament Resolution of 3 July 2013, calling for a swift adoption of the e-call system and containing precise requests regarding data protection, clarity on the responsibilities of the several actors involved, technological neutrality, transparency for the consumers; recalls furthermore the demand of the Parliament for the e-Call system to be based on an interoperable and open- access platform for possible future in- vehicle optional applications or services compliant with safety, security and data protection privacy standards, allowing open choice for customers and open access for service providers;
Amendment 49 #
2013/2062(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Points to the need for a constructive, transparent and respectful relationship to be maintained between the various stakeholders in the motor vehicle industry, in particular between manufacturers and their dealers and for imbalances in favour of the stronger party in the relationship, which could have an adverse effect on consumers as well, to be avoided;
Amendment 112 #
2013/2062(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls on the Member States to ensure fairness and transparency in commercial relations between manufacturers and dealers through compliance with a code of conduct, as indicated in paragraph 7 of Commission notice 2010/C 138/05, regarding supplementary guidelines on vertical restraints in agreements for the sale and repair of motor vehicles and for the distribution of spare parts for motor vehicles. The code should contain at least provisions regarding the relocation of manufacturing activities, multi-branding and compensation entitlements for unjustified termination of a contract by the manufacturer;
Amendment 15 #
2013/2006(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that preserving existing manufacturing capacity in times of crisis is a basic requirement for any industrial policy; considers that this can only be achieved by means of preemptive action and restructuring measures introduced with the full and active involvement of employees;
Amendment 18 #
2013/2006(INI)
Draft opinion
Paragraph 2b (new)
Paragraph 2b (new)
2b. Considers that a clear and stable legal framework is a basic prerequisite in terms of encouraging growth, which it regards as an additional and important reason for improving the European legislation on market supervision with a view to ensuring product safety and fair trading conditions;
Amendment 30 #
2013/2006(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Takes the view that industrial policy should include strategic objectives which are of crucial importance for competitiveness, such as the creation of efficient and interconnected transport infrastructures, a highly developed digital network and a European energy policy;
Amendment 32 #
2013/2006(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Considers that encouraging and mobilising significant investment in research geared towards structural and product innovation is an essential prerequisite for any industrial policy;
Amendment 33 #
2013/2006(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Considers that European industrial growth can only be achieved by means of an investment plan accompanied by robust measures to facilitate access to credit;
Amendment 22 #
2013/0402(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Open innovation is an important lever for the creation of new knowledge and underpins the emergence of new and innovative business models based on the use of co-created knowledge. Trade secrets have an important role in protecting the exchange of knowledge between businesses within and across the borders of the internal market in the context of research and development and innovation. Collaborative research, including cross- border cooperation, is particularly important to increase the levels of business research and development within the internal market. Open innovation is a catalyst for new ideas to find their way to the market meeting the needs of consumers and tackling societal challenges. In an internal market where barriers to such cross-border collaboration are minimised and where cooperation is not distorted, intellectual creation and innovation should encourage investment in innovative processes, services and products. Such an environment conducive to intellectual creation and innovation is also important for employment growth and improving competitiveness of the Union economy. Trade secrets are amongst the most used form of protection of intellectual creation and innovative know-how by businesses, yet they are at the same time the least protected by the existing Union legal framework against their unlawful acquisition, use or disclosure by third parties. The dissemination of knowledge and information must be considered essential to ensuring dynamic, positive and equal business development opportunities, especially for small and medium-sized enterprises.
Amendment 39 #
2013/0402(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Businesses and non- commercial research institutions invest in acquiring, developing and applying know-how and information, which is the currency of the knowledge economy. This investment in generating and applying intellectual capital determines their competitiveness in the market and therefore their returns to investment, which is the underlying motivation for business research and development. Businesses have recourse to different means to appropriate the results of their innovative activities when openness does not allow for the full exploitation of their research and innovation investments. Use of formal intellectual property rights such as patents, design rights or copyright is one of them. Another is to protect access and exploit the knowledge that is valuable to the entity and not widely known. Such know-how and business information, that is undisclosed and intended to remain confidential is referred to as a trade secret. Businesses, irrespective of their size, value trade secrets as much as patents and other forms of intellectual property right and use confidentiality as a business and research innovation management tool, covering a diversified range of information, which extends beyond technological knowledge to commercial data such as information on customers and suppliers, business plans or market research and strategies. By protecting such a wide range of know-how and commercial information, whether as a complement or as an alternative to intellectual property rights, trade secrets allow the creator to derive profit from his/her creation and innovations and therefore are particularly important for research and development and innovative performance.
Amendment 43 #
2013/0402(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Open innovation is an important lever for the creation of new knowledge and underpins the emergence of new and innovative business models based on the use of co-created knowledge. Trade secrets have an important role in protecting the exchange of knowledge between businesses within and across the borders of the internal market in the context of research and development and innovation. Collaborative research, including cross- border cooperation, is particularly important to increase the levels of business research and development within the internal market. Open innovation is a catalyst for new ideas to find their way to the market meeting the needs of consumers and tackling societal challenges. The dissemination of knowledge and information must be considered essential to ensuring dynamic, positive and equal business development opportunities. In an internal market where barriers to such cross-border collaboration are minimised and where cooperation is not distorted, intellectual creation and innovation should encourage investment in innovative processes, services and products. Such an environment conducive to intellectual creation and innovation is also important for employment growth and improving competitiveness of the Union economy. Trade secrets are amongst the most used form of protection of intellectual creation and innovative know-how by businesses, yet they are at the same time the least protected by the existing Union legal framework against their unlawful acquisition, use or disclosure by third parties.
Amendment 52 #
2013/0402(COD)
Proposal for a directive
Recital 8
Recital 8
(8) It is appropriate to provide for rules at Union level to approximate the national legislative systems so as to ensure a sufficient and consistent level of redress across the internal market in case of unlawful acquisition, use or disclosure of a trade secret. For this purpose, it is important to establish a homogenous and precise definition of a trade secret without restricting the subject matter to be protected against misappropriation. Such definition should therefore be constructed as to cover business information, technological information and know-how where there is both a legitimate interest in keeping confidential and a legitimate expectation in the preservation of such confidentiality. By nature, such definition should exclude trivial information and should not extend to the knowledge and skills gained by employees in the normal course of their employment and which are known among or accessible to persons within the circles that normally deal with the kind of information in question.
Amendment 58 #
2013/0402(COD)
Proposal for a directive
Recital 23
Recital 23
(23) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, notably the right to respect private and family life, the right to the protection of personal data, the freedom of expression and information, the freedom to choose an occupation and right to engage in work, the freedom to conduct a business, the right to property, the right to good administration, access to file and preservation of secrecy of business, the right to an effective remedy and to a fair trial and right of defence. The provisions of the Directive should therefore not be considered applicable where the information is disclosed in the overriding public interest or in compliance with a fundamental right.
Amendment 61 #
2013/0402(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) This Directive shall not prejudice the application of national or EU laws which provide for or require the dissemination of information which could be defined as a trade secret. In such cases, the overriding general public interest should be clearly defined.
Amendment 62 #
2013/0402(COD)
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) This Directive is without prejudice to the freedom of movement and establishment of workers.
Amendment 69 #
2013/0402(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules on the protection against the unlawful acquisition, disclosure and use of trade secrets. The acquisition, use and exploitation of trade secrets shall be considered lawful where so provided under national or EU legislation or by public authorities in the exercise their remit, since the protection of trade secrets must not undermine the general public interest. In such cases, therefore, such information shall not fall within the scope of this Directive.
Amendment 72 #
2013/0402(COD)
Proposal for a directive
Recital 23
Recital 23
(23) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, notably the right to respect private and family life, the right to the protection of personal data, the freedom of expression and information, the freedom to choose an occupation and right to engage in work, the freedom to conduct a business, the right to property, the right to good administration, access to file and preservation of secrecy of business, the right to an effective remedy and to a fair trial and right of defence. The provisions of this Directive shall therefore not apply where the information is disclosed in the overriding public interest or in compliance with a fundamental right.
Amendment 81 #
2013/0402(COD)
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) The measures provided in this Directive and their implementation shall be without prejudice to the freedom of movement and establishment of workers.
Amendment 88 #
2013/0402(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
The acquisition, use and disclosure of trade secrets shall be considered lawful where provided for under EU or national legislation or where carried out by public authorities in the exercise of their mandate, to ensure that the protection of trade secrets does not undermine the general public interest. In such cases, therefore, such information shall not fall within the scope of this Directive.
Amendment 93 #
2013/0402(COD)
Proposal for a directive
Recital 23
Recital 23
(23) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, notably the right to respect private and family life, the right to the protection of personal data, the freedom of expression and information, the freedom to choose an occupation and right to engage in work, the freedom to conduct a business, the right to property, the right to good administration, access to file and preservation of secrecy of business, the right to an effective remedy and to a fair trial and right of defence. Thus the provisions of this Directive should not apply, if the disclosure of undisclosed information is in the overriding public interest or can be considered as a fundamental right.
Amendment 93 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The acquisition of a trade secret without the consent of the trade secret holder shall be considered unlawful whenever carried out intentionally or with gross negligence, with the effect of gaining an advantage or causing financial loss, by:
Amendment 96 #
2013/0402(COD)
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) This Directive will not affect the application of the freedom of movement for workers and the freedom of establishment. It does also not affect the right of workers' representatives to the acquisition and disclosure of trade secrets in the context of the exercise of their rights to information, consultation and participation in accordance with Union and national law and practises.
Amendment 96 #
2013/0402(COD)
Proposal for a directive
Article 2– point 1 – introductory part
Article 2– point 1 – introductory part
(1) ‘trade secret’ means confidential business information which meets all of the following requirements:
Amendment 108 #
2013/0402(COD)
Proposal for a directive
Article 2 – point 1 – point c a (new)
Article 2 – point 1 – point c a (new)
(ca) its disclosure is not required or authorised by national or EU law.
Amendment 110 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
(3a) The conditions set out in paragraph 3 shall not limit the use by employees of the knowledge and skills honestly acquired in the exercise of their duties.
Amendment 112 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The conscious and deliberate production, offering or placing on the market of infringing goods, or import, export or storage of infringing goods for those purposes, shall be considered an unlawful use of a trade secret in cases where the person engaging in this activity was, or depending on the circumstances, should have been, aware of the fact that unlawful use had been made of the trade secret.
Amendment 122 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 1 – point d a (new)
Article 4 – paragraph 1 – point d a (new)
(da) through the knowledge and skills honestly acquired by employees in the exercise of their duties.
Amendment 123 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 1 – point d a (new)
Article 4 – paragraph 1 – point d a (new)
(da) where disclosure is clearly in the general public interest.
Amendment 128 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) unauthorised access to or copy of any documents, objects, materials, substances or electronic files, lawfully under the control of the trade secret holder, containing the trade secret or from which the trade secret can be deduced;
Amendment 136 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. The use or disclosure of a trade secret shall be considered unlawful whenever carried out, without the consent of the trade secret holder, intentionally or with gross negligence, by a person who is found to meet any of the following conditions, with the effect of gaining an advantage or causing financial loss:
Amendment 149 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. The provisions set out in paragraph 3 shall not limit the use by employees of the knowledge and skills honestly acquired in the exercise of their duties.
Amendment 151 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The conscious and deliberate production, offering or placing on the market of infringing goods, or import, export or storage of infringing goods for those purposes, shall be considered an unlawful use of a trade secret, in cases where the person engaging in this activity was, or depending on the circumstances, should have been, aware of the fact that unlawful use had been made of the trade secret.
Amendment 153 #
2013/0402(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) avoids the creation of barriers to legitimate trade, competition and worker mobility in the internal market.
Amendment 154 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) required or authorised by national or EU law;
Amendment 158 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) use of the knowledge and skills honestly acquired by employees in the normal exercise of their duties;
Amendment 160 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) exercise of the right of workers or workers’ representatives to information and consultation in accordance with Union and national law and/or practices;
Amendment 192 #
2013/0402(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) avoids the creation of barriers to legitimate trade, competition and workers' mobility in the internal market.;
Amendment 225 #
2013/0402(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. . By XX XX 20XX [four years after the end of the transposition period], the Commission shall draw up an intermediate report on the application of this Directive, covering also its possibly harmful impact on fundamental rights and worker mobility and any possible improvements regarding cooperation for innovation and submit it to the European Parliament and the Council. This report shall take due account of the report prepared by the European Observatory on Infringements of Intellectual Property Rights.
Amendment 280 #
2013/0402(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. By XX XX 20XX [four years after the end of the transposition period], the Commission shall draw up an intermediate report on the application of this Directive, including on its possible deleterious effects on fundamental rights and on workers' mobility as well as possible further improvements on innovation cooperation with a special attention to the effects on small and medium-sized enterprises, and submit it to the European Parliament and the Council. This report shall take due account of the report prepared by the European Observatory on Infringements of Intellectual Property Rights.
Amendment 108 #
2013/0246(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Other tourist services, such as admission to concerts, sport events, excursions or event parks are services that, in combination with either carriage of passengers, accommodation and/or car rental, should be considered as capable of constituting a package or an assisted travel arrangement. However, such packages should only fall within the scope of this Directive if the relevant tourist service accounts for a significant proportion of the package. Generally, the tourist service should be considered as a significant proportion of the package if it accounts for more than 205% of the total price or otherwise represents an essentialimportant feature of the trip or holiday. Ancillary services, such as travel insurance, transport of luggage, meals and cleaning provided as part of accommodation, should not be considered as tourist services in their own right.
Amendment 111 #
2013/0246(COD)
Proposal for a directive
Recital 18
Recital 18
(18) It should also be clarified that contracts by which a trader entitles the traveller after the conclusion of the contract to choose among a selection of different types of travel services, such as in the case of a package travel gift box, should constitute a package. Moreover, a combination of travel services should be considered as a package where the traveller's name or particulars needed to conclude the booking transaction are transferred between the traders at the latest when the booking of the first service is confirmed. Particularsbooking data needed to conclude a booking transaction relate to credit card details or other information necessary to obtain a payment. On the other hand, the mere transfer of particulars such as the travel destination or travel times should not be sufficients are transferred between the traders.
Amendment 115 #
2013/0246(COD)
Proposal for a directive
Recital 19
Recital 19
Amendment 123 #
2013/0246(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Since packages are often purchased a long time before their performance, unforeseen events may occur. Therefore the traveller should, under certain conditions, be entitled to transfer a package to another traveller. In such situations, the organiser should be able to recover his expenses, if any, for instance if a sub- contractor requires a fee for changing the name of the traveller or for cancelling a transport ticket and issuing a new one. Travellers should also have the possibility of cancelling the contract at any time before the start of the package against paying appropriate compensation, as well as. The cancellation may be linked to the payment of an appropriate compensation, in which case the contract should specify reasonable standardised termination fees. In any case travellers shall have the right to terminate the contract without paying compensation where unavoidable and extraordinary circumstances like warfare or a natural disaster will significantly affect the package. Unavoidable and extraordinary circumstances should in particular be deemed to exist where reliable and publicly available reports, such as recommendations issued by Member State authorities, advise against travelling to the place of destination.
Amendment 127 #
2013/0246(COD)
Proposal for a directive
Recital 28
Recital 28
(28) In certain cases organisers should be allowed to make unilateral changes to the package travel contract. However, travellers should have the right to terminate the contract if the proposed alterations change significantly any of the main characteristics of the travel services. Price increases should be possible only if the contract was concluded more than three months before its start and if there has been a change in the cost of fuel for the carriage of passengers, in taxes or fees imposed by a third party not directly involved in the performance of the included travel services or in the exchange rates relevant to the package and if both an upward and downward revision of the price is expressly reserved in the contract. Price increases should be limited to 105% of the price of the package.
Amendment 139 #
2013/0246(COD)
Proposal for a directive
Recital 36
Recital 36
(36) As regards assisted travel arrangements, beyond the obligation to provide insolvency protection and assistance for travellers in difficulty and to inform travellers that individual service providers are solely responsible for their contractual performance, the relevant contracts are subject to general Union consumer protection legislation and sector- specific Union legislation.
Amendment 141 #
2013/0246(COD)
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) Commission should develop, by means of technical standards, two visual European indicators to indicate respectively the travel package and the assisted travel arrangements. These indicators will not concern the quality of the contract or of the services offered but will just inform the traveller on whether he is dealing with a travel package or with a linked travel arrangement. The colours of these indicators shall be green for the travel packages and yellow for the linked travel arrangements, highlighting in a clear and immediate manner the different level of protection and of guarantees that are offered to the traveller.
Amendment 148 #
2013/0246(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to packages offered for sale or sold by traders to travellers, with the exception of Article 17, and to assisted travel arrangements with the exception of Articles 4 to 143, Articles 18 and Article 21(1).
Amendment 152 #
2013/0246(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 162 #
2013/0246(COD)
Proposal for a directive
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
Amendment 177 #
2013/0246(COD)
Proposal for a directive
Article 3 – point 2 – point b – point i
Article 3 – point 2 – point b – point i
(i) purchased from a single point of sale within the same booking process,
Amendment 184 #
2013/0246(COD)
Proposal for a directive
Article 3 – point 2 – point b – point v
Article 3 – point 2 – point b – point v
(v) purchased from separate traders through linked online booking processes where the traveller's name or particularsother reservation data needed to conclude a booking transactions are transferred between the traders at the latest when the booking of the first service is confirmed;
Amendment 197 #
2013/0246(COD)
Proposal for a directive
Article 3 – point 5 – point b
Article 3 – point 5 – point b
(b) through the procurement of additional travel services from another trader in a targeted manner through linked online booking processes at the latest when the booking of the first service is confirmed;
Amendment 219 #
2013/0246(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a – point v a (new)
Article 4 – paragraph 1 – point a – point v a (new)
(va) whether any of the travel services will be provided to the traveller as a part of a group and, if this is the case, how many people are foreseen to participate;
Amendment 224 #
2013/0246(COD)
Proposal for a directive
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) the minimum number of persons required for the package to take place and a time-limit of at least 230 days before the start of the package for the possible cancellation if that number is not reached;
Amendment 228 #
2013/0246(COD)
Proposal for a directive
Article 4 – paragraph 1 – point g a (new)
Article 4 – paragraph 1 – point g a (new)
(ga) information that the traveller may terminate the contract at any time before the start of the package and on the applicable reasonable standardised termination fee, if any in accordance with Article 10 (1).
Amendment 230 #
2013/0246(COD)
Proposal for a directive
Article 4 – paragraph 1 – point g b (new)
Article 4 – paragraph 1 – point g b (new)
(gb) where appropriate, information regarding risks arising from warfare and natural disasters;
Amendment 232 #
2013/0246(COD)
Proposal for a directive
Article 4 – paragraph 1 – point g c (new)
Article 4 – paragraph 1 – point g c (new)
(gc) where appropriate, information on the insolvency protection and liability insurance of the organiser.
Amendment 234 #
2013/0246(COD)
Proposal for a directive
Article 4 – paragraph 1 – point g d (new)
Article 4 – paragraph 1 – point g d (new)
(gd) information on in house complaint handling procedure and on available alternative dispute resolution mechanisms pursuant to Directive 2013/11/EU and online dispute resolution mechanisms pursuant to Regulation (EU) No 524/2013, and on whether the trader adhere to a specific ADR scheme or not.
Amendment 238 #
2013/0246(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The information referred to in paragraph 1 shall be provided on a durable medium and in a clear and prominent manner.
Amendment 243 #
2013/0246(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that the organiser may not change the information made known to the traveller pursuant to points (a), (c), (d), (e) (g) and (ga) of Article 4, unless the organiser reserves the right to make changes to that information and communicates any changes to the traveller in a clear and prominent manner before the conclusion of the contract.
Amendment 259 #
2013/0246(COD)
Proposal for a directive
Article 6 – paragraph 2 – point e
Article 6 – paragraph 2 – point e
Amendment 264 #
2013/0246(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that a traveller may, after giving the organiser or the retailer reasonable notice on a durable medium before the start of the package, transfer the contract to a person who satisfies all the conditions applicable to that contract.
Amendment 267 #
2013/0246(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The transferor of the contract and the transferee shall be jointly and severally liable for the payment of the balance due and for any additional fees, charges or other costs, if any, arising from the transfer. Those costs shall not be unreasonable and in any casee organiser shall inform the transferor and the transferee about the eventual costs of the transfer, which in any case shall not be unreasonable and shall not exceed the actual cost borne by the organiser.
Amendment 269 #
2013/0246(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Member States shall ensure that prices are not subject to revision, unless the contract is concluded earlier than three months before its start and expressly reserves the possibility of an increase and obliges the organiser to reduce prices to the same extent as a direct consequence of changes:
Amendment 274 #
2013/0246(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The price increase referred to in paragraph 1 shall not exceed 105% of the price of the package.
Amendment 277 #
2013/0246(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The price increase referred to in paragraph 1 shall be valid only if the organiser notifies the traveller of it with a justification and calculation on a durable medium at the latest 230 days prior to the start of the package.
Amendment 280 #
2013/0246(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States shall ensure that, before the start of the package, the organiser may not unilaterally change contract terms other than the price, unless:.
Amendment 281 #
2013/0246(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
Amendment 283 #
2013/0246(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
Amendment 285 #
2013/0246(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
Amendment 287 #
2013/0246(COD)
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. If, before the start of the package, the organiser is constrained to alter significantly any of the main characteristics of the travel services as defined in point (a) of Article 4 or special requirements as referred to in point (a) of Article 6(2), the organiser shall without undue delay inform the traveller in a clear and prominent manner on a durable medium of: the proposed change.
Amendment 291 #
2013/0246(COD)
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
Amendment 293 #
2013/0246(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 296 #
2013/0246(COD)
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. The traveller shall be given, within a reasonable timeframe, the right to accept the change, withdraw from the contract without penalties or be offered a substitute package.
Amendment 298 #
2013/0246(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Where the changes to the contract or the substitute package referred to in paragraph 2 result in a package of lower quality or cost, the traveller shall be entitled to an appropriate price reduction.
Amendment 299 #
2013/0246(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. If the contract is terminated pursuant to point (b) offollowing a choice of the traveller pursuant to paragraph 2, the organiser shall refund all payments received from the traveller within fourteen days after the contract is terminated. The traveller shall, where appropriate, be entitled to compensation in accordance with Article 12.
Amendment 302 #
2013/0246(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that the traveller may terminate the contract before the start of the package against p. Payment of an appropriate compensation to the organiser. T may be requested. In that case the contract mayshall specify reasonable standardised termination fees based on the time of the termination and the customary cost savings and income from alternative deployment of the travel services. In the absence ofThese standardised termination fees, the amount of the compensation shall correspond to the price of the package minus the expenses saved by the organiser shall be reasonable and shall not overcome in any case the costs sustained by the organiser which would not be recoverable following the termination.
Amendment 310 #
2013/0246(COD)
Proposal for a directive
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) the number of persons enrolled for the package is smaller than the minimum number stated in the contract and the organiser notifies the traveller of the termination within the period fixed in the contract and not later than 230 days before the start of the package; or
Amendment 323 #
2013/0246(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. If any of the services are not performed in accordance with the contract, the organiser shall remedy the lack of conformity, unless this is disproportionate.
Amendment 332 #
2013/0246(COD)
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
5. As long as it is impossible to ensure the traveller's timely return because of unavoidable and extraordinary circumstances, the organiser shall not bear the cost for the continued stay exceeding EUR 100 per night and three nights per travellerMember States shall ensure that the organiser bear as a minimum the cost for the continued stay for three nights in case of travel package with less than 2 weeks of duration and for 5 nights in the other cases. The organiser shall arrange accommodation consistent with the category of hotel originally booked.
Amendment 359 #
2013/0246(COD)
Proposal for a directive
Article 12 – paragraph 3 – point a – point ii
Article 12 – paragraph 3 – point a – point ii
Amendment 363 #
2013/0246(COD)
Proposal for a directive
Article 12 – paragraph 3 – point a – point iii
Article 12 – paragraph 3 – point a – point iii
(iii) due to unavoidable, unforeseeable and extraordinary circumstances or
Amendment 367 #
2013/0246(COD)
Proposal for a directive
Article 12 – paragraph 3 – point b
Article 12 – paragraph 3 – point b
(b) the traveller fails to inform the organiser without undue delay of any lack of conformity which the traveller perceives on the spot if that information requirement was clearly and explicitly stated in the contract and is reasonable, taking into account the circumstances of the case.
Amendment 371 #
2013/0246(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Insofar as international conventions binding the Union limit the extent of or the conditions under which compensation is to be paid by a provider carrying out a service which is part of a package, the same limitations shall apply to the organiser. Insofar as international conventions not binding the Union limit compensation to be paid by a service provider, Member States may limit compensation to be paid by the organiser accordingly. In other cases, the contract may limit compensation to be paid by the organiser as long as that limitation does not apply to personal injury and damage caused intentionally or with gross negligence and does not amount to less than three times the total price of the package.
Amendment 379 #
2013/0246(COD)
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
Member States shall ensure that the organiser of a package or the retailers facilitating the procurement of an assisted travel arrangement gives prompt assistance to the traveller in difficulty, in particular by:
Amendment 383 #
2013/0246(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
The organiser or the retailer shall be able to charge a reasonable fee for such assistance if the situation is caused by the traveller's negligence or intent. The fee shall not in any case overcome the actual costs sustained by the organiser or the retailer.
Amendment 390 #
2013/0246(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that organisers of packages and retailers facilitating the procurement of assisted travel arrangements established in their territory obtain a security for the effective and prompt refund of all payments made by travellers and, insofar as carriage of passengers is included, for the travellers' effective and prompt repatriation in the event of insolvency.
Amendment 412 #
2013/0246(COD)
Proposal for a directive
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
Member States shall ensure that, before the traveller is bound by any contract or any corresponding offer for assisted travel arrangements, the trader facilitating the procurement of assisted travel arrangements shall state in a clear and prominent manner on a durable medium:
Amendment 413 #
2013/0246(COD)
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) that the traveller will not benefit from any of the rights granted by this Directive exclusively to package travellers, but will benefit from the right to a refund of pre- payments, assistance in cases of difficulty and, insofar as carriage of passengers is included, to repatriation in case the retailer itself or any of the service providers becomes insolvent.
Amendment 418 #
2013/0246(COD)
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
In case paragraph 1, point b of this Article is not complied with, the traveller shall enjoy all the guarantees and the rights ensured under travel packages in this Directive.
Amendment 422 #
2013/0246(COD)
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Article 18a Visible indicator Any travel package's contract or precontractual information shall contain in a clear and prominent manner and in a very visible position a visual green indicator, standardised at European level, that identifies the contract as a package. Member States shall ensure that the trader facilitating the procurement of linked travel arrangements shows in a clear and prominent manner and in a very visible position, before the traveller is bound by any contract or any corresponding offer for assisted travel arrangement and while giving the information referred to in Article 17, a visual yellow indicator, standardised at European level, that identifies the contract as part of a linked travel arrangement. The Commission shall be empowered to adopt technical standards in accordance with Article 18(b) to define these visual indicators, after having conducted due consumer testing in order to select the most appropriate measures for consumers.
Amendment 423 #
2013/0246(COD)
Proposal for a directive
Article 18 b (new)
Article 18 b (new)
Article 18b Technical standards 1. The power to adopt technical standards is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt technical standards referred to in Article 18(a) shall be conferred on the Commission for a period of [1 year] from the entry into force of this Regulation. 3. The delegation of powers referred to in Article18(a) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any technical standards already in force. 4. As soon as it adopts technical standards, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A technical standard adopted pursuant to Article 18(a) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by [2 months] at the initiative of the European Parliament or the Council.
Amendment 426 #
2013/0246(COD)
Proposal for a directive
Article 19
Article 19
Member States shall ensure that a retailer who has agreed to arrange the booking of a package or assisted travel arrangements or who facilitates the booking of such services shall be liable for any errors occurring in the booking process, unless such errors are attributable to the traveller or to unavoidable and extraordinary circumstances. In this case the burden of proof shall rest on the retailer, who shall demonstrate the traveller's error.
Amendment 433 #
2013/0246(COD)
Proposal for a directive
Article 22
Article 22
Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive. Member States shall furthermore ensure that adequate mechanisms are in place in order to ensure that no misleading practices from traders or organisers are in place, in particular creating the consumer's expectation to have rights and guarantees that are not provided alongside with a contract.
Amendment 8 #
2013/0139(COD)
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) In all Member States automatic redirection services in case of switching should be introduced. The European Commission should conduct a preliminary analysis on the establishment of a system to ensure EU-wide payment account number portability.
Amendment 18 #
2013/0139(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) be operationally independent of any payment service provider;
Amendment 19 #
2013/0139(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a a (new)
Article 7 – paragraph 2 – point a a (new)
(aa) clearly disclose their owners and funding;
Amendment 20 #
2013/0139(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a b (new)
Article 7 – paragraph 2 – point a b (new)
(ab) be impartial and clearly set out the criteria used to determine a recommended payment account to a payment service user;
Amendment 21 #
2013/0139(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a c (new)
Article 7 – paragraph 2 – point a c (new)
(ac) not display advertisements from payment service providers, their agents, affiliates or brands on the home page or on the comparison pages;
Amendment 22 #
2013/0139(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) use plain language and, where relevant, the termsas applicable, the Union standardised terminology referred to in Article 3, paragraph 5;
Amendment 23 #
2013/0139(COD)
Proposal for a directive
Article 7 – paragraph 2 – point e a (new)
Article 7 – paragraph 2 – point e a (new)
(ea) have systems in place to avoid conflicts of interest, in order to ensure that any direct or indirect ownership or business relationships do not impede compliance with the conditions listed in this Paragraph;
Amendment 27 #
2013/0139(COD)
Proposal for a directive
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. By the end of 2018 also European websites comparing fees charged by payment service providers for services offered on payment accounts in the different Member States shall be developed. European Commission shall establish, by that date, a public European comparison website, operated in cooperation with EBA. By that date, European Commission shall also develop through delegated act, in accordance with Art 24, a voluntary accreditation scheme for private European comparison websites. In order to be granted accreditation, European comparison websites operated by private operators shall respect all conditions listed in Paragraph 2. European Commission shall retain the right to refuse or withdraw accreditation from private operators in the event of a failure to comply with the obligations listed in Paragraph 2.
Amendment 28 #
2013/0139(COD)
Proposal for a directive
Article 7 – paragraph 5 b (new)
Article 7 – paragraph 5 b (new)
5b. European Commission shall establish and continuously update a single portal to provide the links of accredited comparison websites for each Member State and at European level. This portal shall also provide consumers with a glossary of the Union standardised terminology adopted in accordance with Article 3 and guidelines about cross- border switching of payment accounts. The portal shall also make public and easily available the list and the contacts of the different national competent authorities referred to in Art 20.
Amendment 29 #
2013/0139(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall ensure that no fees, if any, are applied by the transferring payment service provider to the consumer for the termination of the payment account held with it are determined in accordance with Article 45(2) of Directive 2007/64/EC.
Amendment 30 #
2013/0139(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall ensure that no fees, if any, are applied by the transferring or the receiving payment service provider to the consumer for any service provided under Article 10, other than those referred to in paragraphs 1 to 3, shall be appropriate and in line with the actual costs of that payment service provider.
Amendment 31 #
2013/0139(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that any financial loss incurred by the consumer resulting from the non-compliance of a payment service provider involved in the switching process with its obligations under Article 10 is refunded by that payment service provider. The burden of proof shall rest with the payment service provider, which shall demonstrate that the conditions laid down in Art 10 have been respected.
Amendment 33 #
2013/0139(COD)
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a Right to have access to a payment account with basic features All legal residents in the European Union shall enjoy the right to have access to a payment account with basic features free of charge or as a maximum for a nominal fee. (This new Art should be put before Art 14)
Amendment 35 #
2013/0139(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that the services indicated in Article 16 are offered by payment service providers free of charge or for a reasonableas a maximum for a nominal fee.
Amendment 36 #
2013/0139(COD)
Proposal for a directive
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. Member States shall ensure that the competent authorities establish what constitutes a reasonable fee according to one or sthe leveral of the following criteria:a nominal fee.
Amendment 37 #
2013/0139(COD)
Proposal for a directive
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
Amendment 38 #
2013/0139(COD)
Proposal for a directive
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
Amendment 39 #
2013/0139(COD)
Proposal for a directive
Article 17 – paragraph 3 – point c
Article 17 – paragraph 3 – point c
Amendment 40 #
2013/0139(COD)
Proposal for a directive
Article 17 – paragraph 3 – point d
Article 17 – paragraph 3 – point d
Amendment 41 #
2013/0139(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The authorities referred to in paragraph 1 shall possess all the powers necessary for the performance of their duties. Where more than one competent authority is empowered to ensure and monitor effective compliance with this Directive, Member States shall ensure that those authorities collaborate closely so that they can discharge their respective duties effectively. Those authorities shall closely cooperate with the competent authorities of other Member States to ensure the correct and full application of the measures established in this Directive.
Amendment 73 #
2013/0139(COD)
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) In all Member States automatic redirection services in case of switching should be introduced. The European Commission should conduct a preliminary analysis on the establishment of a system to ensure EU-wide payment account number portability.
Amendment 113 #
2013/0139(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a a (new)
Article 7 – paragraph 2 – point a a (new)
(aa) be impartial and clearly set out the criteria used to determine a recommended payment account to a payment service user;
Amendment 114 #
2013/0139(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a b (new)
Article 7 – paragraph 2 – point a b (new)
(ab) not display advertisements from payment service providers, their agents, affiliates or brands on the home page or on the comparison pages;
Amendment 117 #
2013/0139(COD)
Proposal for a directive
Article 7 – paragraph 2 – point e a (new)
Article 7 – paragraph 2 – point e a (new)
(ea) have systems in place to avoid conflicts of interest, in order to ensure that any direct or indirect ownership or business relationships do not impede compliance with the conditions listed in this Paragraph;
Amendment 126 #
2013/0139(COD)
Proposal for a directive
Article 10 – paragraph 3 – point a a (new)
Article 10 – paragraph 3 – point a a (new)
(aa) provide a mechanism for automated redirection of the standing orders and direct debits to the account held by the consumer with the receiving payment service provider during a period of at least one year. (This paragraph is (-a). This paragraph is to be put before Paragraph (a).)
Amendment 380 #
2013/0139(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a a (new)
Article 7 – paragraph 2 – point a a (new)
(aa) clearly disclose their owners and funding;
Amendment 394 #
2013/0139(COD)
Proposal for a directive
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. By the end of 2018 also European websites comparing fees charged by payment service providers for services offered on payment accounts in the different Member States shall be developed. European Commission shall establish, by that date, a public European comparison website, operated in cooperation with EBA. By that date, European Commission shall also develop through delegated act, in accordance with Art 24, a voluntary accreditation scheme for private European comparison websites. In order to be granted accreditation, European comparison websites operated by private operators shall respect all conditions listed in Paragraph 2. European Commission shall retain the right to refuse or withdraw accreditation from private operators in the event of a failure to comply with the obligations listed in Paragraph 2.
Amendment 395 #
2013/0139(COD)
Proposal for a directive
Article 7 – paragraph 5 b (new)
Article 7 – paragraph 5 b (new)
5b. European Commission shall establish and continuously update a single portal to provide the links of accredited comparison websites for each Member State and at European level. This portal shall also provide consumers with a glossary of the Union standardised terminology adopted in accordance with Article 3 and guidelines about cross- border switching of payment accounts. The portal shall also make public and easily available the list and the contacts of the different national competent authorities referred to in Art 20.
Amendment 506 #
2013/0139(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that any financial loss incurred by the consumer resulting from the non-compliance of a payment service provider involved in the switching process with its obligations under Article 10 is refunded by that payment service provider in due time. The burden of proof shall rest with the payment service provider, which shall demonstrate that the conditions laid down in Article 10 have been respected.
Amendment 517 #
2013/0139(COD)
Proposal for a directive
Article -14 a (new)
Article -14 a (new)
Article -14 a Right to have access to a payment account with basic features All legal residents in the European Union shall enjoy the right to have access to a payment account with basic features free of charge or as a maximum for a nominal fee.
Amendment 700 #
2013/0139(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The authorities referred to in paragraph 1 shall possess all the powers necessary for the performance of their duties. Where more than one competent authority is empowered to ensure and monitor effective compliance with this Directive, Member States shall ensure that those authorities collaborate closely so that they can discharge their respective duties effectively. Those authorities shall closely cooperate with the competent authorities of other Member States to ensure the correct and full application of the measures established in this Directive.
Amendment 704 #
2013/0139(COD)
Proposal for a directive
Article 21 – paragraph 1 b (new)
Article 21 – paragraph 1 b (new)
1b. Member States shall ensure that payment service providers inform the consumer about the alternative dispute resolution entities by which they are covered and which are competent to deal with potential disputes between themselves and the consumer. They shall also specify whether or not they commit or are obliged to use these entities to resolve disputes with consumers.
Amendment 705 #
2013/0139(COD)
Proposal for a directive
Article 21 – paragraph 1 c (new)
Article 21 – paragraph 1 c (new)
1c. The information referred to in paragraph 1b shall be mentioned in a clear, comprehensible and easily accessible way on the providers' website, where one exists and in the general terms and conditions of sales or service contracts between the provider and the consumer.
Amendment 706 #
2013/0139(COD)
Proposal for a directive
Article 21 – paragraph 1 d (new)
Article 21 – paragraph 1 d (new)
1d. Member States may maintain or introduce alternative disputes resolution procedures dealing jointly with identical or similar disputes between a payment service provider and several consumers. Alternative disputes resolutions systems for both individual and collective disputes and redress shall be complementary and not mutually exclusive procedures.
Amendment 59 #
2013/0110(COD)
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Directive 2013/34/EU
Article 18 – paragraph 2a
Article 18 – paragraph 2a
Article 1a Country by Country Reporting 2a. In the notes to the financial statements, large undertaking and public- interest entities shall disclose, specifying by Member State and by third country in which it has an establishment, the following information on a consolidated basis for the financial year : (a) name(s), nature of activities and geographical location; (b) turnover; (c) number of employees on a full time equivalent basis; (d) sales and purchases; (e) profit or loss before tax; (f) tax on profit or loss; (g) public subsidies received. (This should be put before Article 1 of this Directive)
Amendment 62 #
2013/0110(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In order to enhance consistency and comparability of non-financial information disclosed throughout the Union, companlarge undertakings and public-interest entities should be required to include in their mannualagement report a non-financial statement containing information on undertakings' activity impact on society relating to at least environmental matters, social, gender and employee-related matters,ment matters, including social dialogue and respect of trade unions' rights, and respect for human rights, anti-corruption and bribery matters. Such statement should include a description of the policies, results, and the riskssignificant incidents occurred during the reporting period as well as an assessment of all current and potential risks to the undertaking and society related to those matters.
Amendment 67 #
2013/0110(COD)
Proposal for a directive
Recital 6 e (new)
Recital 6 e (new)
(6e) The undertakings' activity impact on society should include the impacts generated by the activities of the undertaking as well as by other undertakings' activities that are linked to the reporting company by business relationships, such as joint venture initiatives and the supply and subcontracting chains.
Amendment 73 #
2013/0110(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In providing this information, companies may rely on national frameworks, EU-based frameworks such as the Eco-Management and Audit Scnon-financial- information undertakings should rely on the guidelines adopted by means of delegated acts by the European Commission. Before themse (EMAS), and international frameworks such as the United Nations (UN) Global Compact,guidelines are available, undertakings should rely as minimum on the Guiding Principles on Business and Human Rights implementing the UN ‘nited Nations "Protect, Respect and Remedy’" Framework, and the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises, the International Organisation for Standardisation (ISO) 26000, the International Labour Organization (ILO) Tripartite Declaration of principles concerning multinational enterprises and social policy, and the Global Reporting Initiative. The undertakings may additionally rely also on national, EU-based or international frameworks and, if so, should specify which frameworks they have relied upon.
Amendment 78 #
2013/0110(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Companies should provide detailed information in relation to matters that stand out as being most likely for risks of severe impacts to materialise along with those that have already materialised. Severity of impacts should be judged by their scale and gravity, the number of individuals impacted at present or in the future and any irremediable character, in the sense of any limits to restore those who have been impacted by a situation to at least the same as, or equivalent to, the situation before an adverse impact.
Amendment 83 #
2013/0110(COD)
Proposal for a directive
Recital 9 c (new)
Recital 9 c (new)
(9c) The risks of adverse impacts may stem from companies' own initiatives or may be linked to companies' operations, products or services by a business relationship, including with their suppliers clients, subcontractors or other business partners. It is therefore necessary that this is reflected in information provided by companies on their policies, risks and results.
Amendment 96 #
2013/0110(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The scope of these non-financial disclosure requirements should be defined by reference to the average number of employees, total assets and turnover. SMEs should be exempted from additional requirements, and the obligation to disclose a non-financial statement in the annual report should only apply to those companies whose average number of employees exceeds 500, and exceed either a balance sheet total of EUR 20 million or a net turnover of EUR 40 millionlarge undertakings and public-interest entities.
Amendment 108 #
2013/0110(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The obligation to disclose their diversity policies for their administrative, management and supervisory bodies with regard to gender and other aspects such as age, genderdisability, geographical diversity, educational and professional background should only apply to large listed companies. Therefore small and medium-sized companies that may be exempted from certain accounting obligations under article 27 of Directive 78/660/EEC should not be covered to by this obligation. Disclosure of the diversity policy should be part of the corporate governance statement, as laid down by Article 46a20 of Directive 78/660/EEC. Companies not having a such a diversity policy should not be obliged to put one in place, but they should clearly explain why this is the case2013/34/EU.
Amendment 177 #
2013/0110(COD)
Proposal for a directive
Article 2 a (new) – point b
Article 2 a (new) – point b
Directive 2013/34/EU
Article 5 a (new)
Article 5 a (new)
(b) The following Article is inserted: Article 5a Enforcement Member States shall ensure that effective and adequate mechanisms are in place in order to ensure correct disclosure of non- financial information by companies, in accordance with the provisions of this Directive. Member States shall ensure that effective national procedures are in place to enforce compliance with the obligations of this Directive and that these procedures are available for all persons and legal entities having a legitimate interest, in accordance with national law, in ensuring that the provisions of this Directive are respected.
Amendment 178 #
2013/0110(COD)
Proposal for a directive
Article 2 a (new) – point c
Article 2 a (new) – point c
Directive 2013/34/EU
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
(c) In Article 18, the following paragraph is inserted: '2a. In the notes to the financial statements large undertakings and all public-interest entities shall disclose, specifying by Member State and by third country in which it has an establishment, the following information on a consolidated basis for the financial year: a) name(s), nature of activities and geographical location; b) turnover; c) number of employees on a full time equivalent basis; d) value of assets and annual cost of maintaining those assets; e) sales and purchases; f) profit or loss before tax; g) tax on profit or loss; h) public subsidies received; i) parent companies shall provide a list of subsidiaries operating in each Member State or third country alongside the relevant data.'
Amendment 184 #
2013/0110(COD)
Proposal for a directive
Article 2 a (new) – point d
Article 2 a (new) – point d
Directive 2013/34/EU
Article 19 – paragraphs 1a to 1e (new)
Article 19 – paragraphs 1a to 1e (new)
Amendment 187 #
2013/0110(COD)
Proposal for a directive
Article 2 a (new) – point d
Article 2 a (new) – point d
Directive 2013/34/EU
Article 19 – paragraph 4
Article 19 – paragraph 4
(d) In Article 19, paragraph 4 is replaced by the following: '4. Where a company prepares a comprehensive report corresponding to the same financial year relying on national, EU-based or international frameworks and which covers the information provided for in paragraph 1(a) according to the specific provisions defined thereby and by the guidelines for the application of the measures of this Directive relating to the non-financial statement, it shall be exempt from the obligation to prepare the non-financial statement set out in paragraph 1(a), provided that such report is part of the management report and contains the relevant KPIs according to paragraph 1(b).
Amendment 191 #
2013/0110(COD)
Proposal for a directive
Article 2 a (new) – point e
Article 2 a (new) – point e
Directive 2013/34/EU
Article 20 – paragraph 1 – point f a (new)
Article 20 – paragraph 1 – point f a (new)
(e) In Article 20(1), the following point is added: (fa) a description of the undertaking's diversity policy for its administrative, management and supervisory bodies with regard to gender and other aspects such as age, geographical diversity, disability, educational and professional background, the objectives of this diversity policy, how it has been implemented and the results in the reporting period.'
Amendment 199 #
2013/0110(COD)
Proposal for a directive
Article 2 a (new) – point f
Article 2 a (new) – point f
Directive 2013/34/EU
Article 29 – paragraphs 1 a – 1 c (new)
Article 29 – paragraphs 1 a – 1 c (new)
Amendment 201 #
2013/0110(COD)
Proposal for a directive
Article 2 a (new) – point f
Article 2 a (new) – point f
Directive 2013/34/EU
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
(f) In Article 29, the following paragraph is added: '3a. For the purposes of paragraph 1 of this Article, where a parent undertaking prepares a comprehensive report corresponding to the same financial year and referring to the whole group, relying on national, EU-based or international frameworks and covering the information provided for in paragraph 1(a) according to the specific provisions defined thereby and by the guidelines for the application of the measures of this Directive relating to the non-financial statement, the parent undertaking shall be exempt from the obligation to prepare the non-financial statement set out in paragraph 1(a), provided that such comprehensive report is part of the consolidated management report and contains the relevant KPIs according to paragraph 1(b).
Amendment 207 #
2013/0110(COD)
Proposal for a directive
Article 2 a (new) – point k
Article 2 a (new) – point k
Directive 2013/34/EU
Article 51 a (new)
Article 51 a (new)
Amendment 76 #
2013/0049(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) This Regulation should not cover services. However, in order to secure the attainment of the protection of health and safety of consumers, it should apply to products that are supplied or made available to consumers in the context of the provision of services, including products to which consumers are directly exposed during a service provision. Equipment on which consumers ride or travel which is operated by a service provider should be excluded from the scope of this Regulation since it has to be dealt with in conjunction with the safety of the service provided.
Amendment 92 #
2013/0049(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) The distributor should ensure that the manufacturer and the importer have complied with their obligations, that is to say verifying the indication on product or on its packaging of the name, model name, brand name or address at which the manufacturer and the importer can be contacted and the affixing of the manufacturer's batch number, serial number or other element on the product for the identification of the product. The distributor should not check each product individually, unless the distributor considers that the manufacturer on importer have not fulfilled their requirement.
Amendment 105 #
2013/0049(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
Amendment 109 #
2013/0049(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 122 #
2013/0049(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point h
Article 2 – paragraph 3 – point h
Amendment 133 #
2013/0049(COD)
Proposal for a regulation
Article 3 – point 1 a (new)
Article 3 – point 1 a (new)
(1a) 'product model' means products that are considered to be distinct although presenting identical or similar essential characteristics, with differences which do not impact their safety level unless otherwise proven by the manufacturer or the importer;
Amendment 142 #
2013/0049(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 17 a (new)
Article 3 – paragraph 1 – point 17 a (new)
(17a) 'Vulnerable consumers' are persons who have difficulties in accessing and comprehending relevant consumer information or because of their mental, physical or psychological disability or their age are more exposed to safety risk, and therefore need special protection.
Amendment 174 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a a (new)
Article 6 – paragraph 2 – point a a (new)
(aa) the precautionary principle;
Amendment 182 #
2013/0049(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a CE + marking The CE+ marking shall be affixed only by the manufacturer or his authorised representative. The CE+ marking shall be affixed only to consumer products covered by this regulation, and shall not be affixed to any other product. The CE+ marking shall be affixed after testing on representative samples of the products put up for sale pick randomly under the control of a judicial officer, an authority or any other qualified person designated by each Member State. The CE+ marking shall be the only marking which attests that the product has been tasted and found to be a safe product.
Amendment 192 #
2013/0049(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Manufacturers and importers shall ensure that products bear an indication of the country of origin of the product or, where the size or nature of the product does not allow it, that indication is to be provided on the packaging or in a document accompanying the product. Manufacturers and importers shall also affix on products an indication of the origin of the constituent materials. The indication of origin of the finished product must be clearly visible to the consumer.
Amendment 205 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Proportionate to the possible risks of aIn order to ensure the highest product safety, manufacturers shall, to protect the health and safety of consumers, carry out sample testing of products made available on the marketat least once a year on representative samples of the products put up for sale picked randomly under the control of a judicial officer, an authority or any other qualified person designated by each Member State, investigate complaints and keep a register of complaints, non- conforming products and product recalls, and shall keep distributors informed of any such monitoring.
Amendment 233 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
6a. In order to strengthen products safety, manufacturers shall draw up a list of their product models, and make it available to the public and other economic operators by any appropriate means. The manufacturer shall provide the market surveillance authorities, upon request, as well as any economic operator to whom he distributes his products, with evidence supporting the existence of different essential characteristics between its product models.
Amendment 244 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
9. Manufacturers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this Regulation shall immediately take the corrective action necessary to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the product is not saf. Furthermore, manufacturers shall immediately inform the market surveillance authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the risk to health and safety and of any corrective action taken.
Amendment 256 #
2013/0049(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Before placing a product on the market importers shall ensure that the product is compliant with the general safety requirement laid down in Article 4 and, that the manufacturer has complied with the requirements set out in Article 8(4), (6) and (7) and that the technical documentation drawn up by the manufacturer in application of Article 8.
Amendment 262 #
2013/0049(COD)
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. Importers shall ensure that their products bear a type, batch or serial number or other element allowing the identification of the product which is easily visible and legible for consumers, or, where the size or nature of the product does not allow it, that the required information is provided on the packaging or in a document accompanying the product.
Amendment 265 #
2013/0049(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Proportionate to the possible risks presented by a product, importers shall, to protect the health and safety of persons, carry out sample testing of marketed products, at least once a year on representative samples of the products put up for sale picked randomly under the control of a judicial officer, an authority or any other qualified person designated by each Member State, investigate complaints, and keep a register of complaints, of non- conforming products and of product recalls, and shall keep the manufacturer and distributors informed of such monitoring.
Amendment 270 #
2013/0049(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. Importers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this Regulation shall immediately take the corrective action necessary to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the product is not saf. Furthermore, importers shall immediately inform the market surveillance authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the risk to health and safety and of any corrective action taken.
Amendment 299 #
2013/0049(COD)
Proposal for a regulation
Article 11 – paragraph 5 a (new)
Article 11 – paragraph 5 a (new)
5a. Alternatively, distributors may request a professional association which they are a member of, or organise themselves in a professional association for the collective entity, to fulfil their obligations under this article.
Amendment 309 #
2013/0049(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Obligation to inform the market surveillance authorities in accordance with Article 8(9), Article 10(2) and (7) and Article 11(3) and (5) shall not apply where the following conditions are fulfilled:manufacturer, importer or distributor can demonstrate that the risk has been fully controlled and cannot any more endanger the health and safety of persons and that all necessary corrective measures have already been taken to normalise, withdraw or recall the product.
Amendment 311 #
2013/0049(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
Amendment 312 #
2013/0049(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
Amendment 316 #
2013/0049(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
Amendment 319 #
2013/0049(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 344 #
2013/0049(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The penalties referred to in paragraph 1 shall have regard to the size and turnover of the undertakings, and in particular to the situation of small and medium-sized enterprisess well as the actual operations carried out by economic operators as part of the production process and the extent to which they are in a position ot affect product safety. The penalties may be increased if the relevant economic operator has previously committed a similar infringement and may include criminal sanctions for serious infringements.
Amendment 353 #
2013/0049(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The delegation of power referred to in Articles 13(3) and 15(3) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following its publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 49 #
2012/2322(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Court of Justice of the European Union (CJEU) has confirmed that the provision of games of chance or gambling is an economic activity, which consequently falls within the scope of fundamental freedoms of the TFEU, notably the free movement of services, and any restrictions imposed thereto need to comply with those provided for by the TFEU, notably under Articles 51 and 52, and whereas, as interpreted by the Court, the imperative reasons of overriding public interest that justify restrictions on this activity include consumer protection and the prevention of both fraud and incitement to squander money on gambling;
Amendment 155 #
2012/2322(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes the risks associated with a general prohibition of online gambling services and with excessive restrictions for consumers; cCalls on the Commission and the Member States to weigh, as part of the work of the group of experts on gambling services, the social costs of permitting regulated gambling activities against the harmful effects of consumers resorting to illicit markets;
Amendment 204 #
2012/2322(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 255 #
2012/2322(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Believes there to be a dangerous link between severe economic hardship and high levels of gambling; stresses that the present extremely harsh social and economic climate has been instrumental in a huge upsurge in gambling, in particular among the poorest sections of society, and that there is therefore a need for close, ongoing monitoring of levels of gambling addiction and problem gambling;
Amendment 274 #
2012/2322(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Believes that gambling advertising often paints a distorted, misleading picture and can result in unhealthy or harmful behaviour; takes the view, therefore, that such advertising needs to be more responsible and should be regulated in order to mitigate its most damaging effects, which are felt first and foremost by the most vulnerable sections of society;
Amendment 288 #
2012/2322(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Believes that the nature of online gambling and its easy accessibility may make it more difficult for players to realise how much they are losing, and accordingly considers that strict limits should be placed on deposits and spending;
Amendment 306 #
2012/2322(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Believes that a special effort needs to be made to protect minors and that rules on checking the age and identity of players should be introduced, so as to make it impossible for minors to access online gambling services;
Amendment 323 #
2012/2322(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Considers EU-wide regulation of gambling to be necessary in order to harmonise the various national systems currently in place, making public health a priority and ensuring that gambling services are highly transparent and that players are afforded a high level of protection; believes that such regulation should include provisions restricting advertising and making it more responsible, robust player registration and identification systems, controls on financial transactions and restrictions on the granting of credit;
Amendment 324 #
2012/2322(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Believes that the software used for online gambling services should be made more secure and that common minimum certification requirements should be laid down in order to ensure that uniform parameters and standards are used;
Amendment 363 #
2012/2322(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Believes that steps should be taken to bring national tax regimes for gambling services into line with one other, in order to prevent disproportionate tax concessions from fostering the proliferation and concentration of online gambling services;
Amendment 379 #
2012/2322(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
Amendment 1 #
2012/2306(INI)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
1a. Takes the view that enforcement of the law on state aid should seek to achieve the objectives set out in the EU2020 strategy, in particular by allowing investments in the real economy and fostering a greater concentration of resources in research, innovation and sustainable development;
Amendment 2 #
2012/2306(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the European market for electronic payments is still fragmented both across and within national borders; takes the view that standardization should include measures necessary to ensure a more open, transparent, innovative and competitive single market that brings advantages to all consumers with regard to mobile payments, interoperability, costs and portability; therefore asks the Commission to assess the possible ways of bringing new entrants - banks or non-banks - into the European market for card, internet and mobile payments while taking account of future technological innovations in this sector; believes that the supervision of multilateral interchange fees needs to be strengthened and welcomes the proposals set out in the Single Market Act II relating to a revision of the Payment Services Directive and a legislative initiative on multilateral bank charges;
Amendment 6 #
2012/2306(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Approves the Commission's intention to remain vigilant with regard to the transparency of financial markets, but believes that an extra effort is needed to ensure that timely, reliable and high quality information is provided, especially for the derivatives markets;
Amendment 7 #
2012/2306(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Believes that competition between companies must take place within a framework which ensures that consumer rights are effectively respected and that a collective redress system and alternative dispute resolution system are vital tools for this purpose;
Amendment 12 #
2012/2306(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes the lack of an effective legal system for the compensation of damage caused by breach of the competition rules. Fines for breaches of these rules are paid to the Member States, while the consumers directly affected do not receive any compensation, when a European fund made up of the fines awarded could cover the cost of transnational class actions;
Amendment 17 #
2012/2306(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers that, alongside its relationship with the European Parliament and the Economic and Social Committee, the Commission should also better structure its cooperation with consumer organisations and that this relationship should be considered an important aspect of the monitoring of the competition rules; for this reason, the dialogue between the Commission's DG Competition and these organisations should be encouraged and stepped up.
Amendment 11 #
2012/2260(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the Single Market has to be completed with the utmost determination and as quickly as possible, through a necessary balance between its economic, social and environmental dimensions;
Amendment 12 #
2012/2260(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the Single Market should not be seen in isolation from other horizontal policy areas, such as consumer and worker protection, social rights, the environment and sustainable development;
Amendment 13 #
2012/2260(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas the completion of the EU Single Market is the foundation for the completion of the political and economic integration process of the European Union and provides the necessary link between the euro zone and the rest of the Union;
Amendment 14 #
2012/2260(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. whereas the Single Market has to play in full its role of promoting growth and employment in order to achieve a highly competitive social market economy;
Amendment 31 #
2012/2260(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas an improper and belated transposition of directives prevents citizens and businesses from taking full advantage of the Single Market;
Amendment 36 #
2012/2260(INI)
Motion for a resolution
Recital U a (new)
Recital U a (new)
Ua. whereas infringement proceedings have often revealed a number of limitations in terms of their suitability for meeting the expectations of individual consumers and businesses, and whereas a single, rapid and affordable means of redress at EU level should be established;
Amendment 44 #
Amendment 45 #
2012/2260(INI)
Motion for a resolution
Recital Z a (new)
Recital Z a (new)
Za. whereas the Single Market Acts form part of the efforts to strengthen the governance of the Single Market by improving and better coordinating especially the pre-legislative phase;
Amendment 46 #
2012/2260(INI)
Motion for a resolution
Recital Z b (new)
Recital Z b (new)
Zb. whereas the Single Market Act constituted an important cross-cutting strategy to remedy major remaining shortcomings of the Single Market; whereas this action plan horizontally determined concrete legislative and non- legislative measures with the capacity to unleash unused growth potentials and remove obstacles to the Single Market;
Amendment 47 #
2012/2260(INI)
Motion for a resolution
Recital Z c (new)
Recital Z c (new)
Zc. whereas the Single Market Act II continues this approach by identifying integrated networks, the mobility of citizens and businesses, the digital economy and social entrepreneurship together with consumer confidence as the four axes for future growth; whereas Parliament, Council and Commission should thoroughly assess each of the envisaged measures and their potentials to achieve a highly competitive social market economy and work on a swift adoption and implementation;
Amendment 48 #
2012/2260(INI)
Motion for a resolution
Recital Z d (new)
Recital Z d (new)
Zd. whereas future horizontal approaches should look into the completion of the digital Single Market in order to allow citizens to fully benefit from digital solutions and ensure the competitiveness of businesses in the Union;
Amendment 49 #
2012/2260(INI)
Motion for a resolution
Recital Z a (new)
Recital Z a (new)
Za. whereas the cyclical method of submitting Single Market Acts should certainly be viewed positively, as it enables priorities for the development of the internal market to be regularly identified and discussed;
Amendment 50 #
2012/2260(INI)
Motion for a resolution
Recital Z b (new)
Recital Z b (new)
Zb. whereas some progress can be noted in the proposals submitted by the Commission, but further efforts in terms of long-term outlook are still needed;
Amendment 51 #
2012/2260(INI)
Motion for a resolution
Recital Z c (new)
Recital Z c (new)
Zc. whereas the Single Market Act should address the EU’s socio-economic problems and promote a market that is at the service of citizens;
Amendment 52 #
2012/2260(INI)
Motion for a resolution
Recital Z d (new)
Recital Z d (new)
Zd. whereas, in the Single Market Act II, the proposal to fulfil every citizen's right of access to a basic bank account is a positive one and this proposal should be implemented through a legislative instrument;
Amendment 53 #
2012/2260(INI)
Motion for a resolution
Recital Z e (new)
Recital Z e (new)
Ze. whereas the proposal to revise the Payment Services Directive is a timely one and it would be advisable to submit a legislative proposal on multilateral bank charges in order to establish a European market in electronic payments which promotes the interests and protects the rights of consumers and which is less fragmented and more open and competitive;
Amendment 54 #
2012/2260(INI)
Motion for a resolution
Recital Z f (new)
Recital Z f (new)
Zf. whereas the idea of proposing measures to facilitate long-term investment in the real economy is a step in the right direction both in terms of creating real growth stimuli and incentives and safeguarding private savings;
Amendment 55 #
2012/2260(INI)
Motion for a resolution
Recital Z g (new)
Recital Z g (new)
Zg. whereas the Commission should, as a matter of priority, follow up the proposals already set out in the Single Market Act, in particular those concerning collective redress, the horizontal instrument for market surveillance, the transparency of bank charges and non-financial information from businesses;
Amendment 59 #
2012/2260(INI)
Motion for a resolution
Recital AA a (new)
Recital AA a (new)
AAa. whereas the development of a methodology for defining key areas for improving the functioning of the Single Market is to be welcomed and should be regularly revised, taking account of growth targets and outlook;
Amendment 60 #
2012/2260(INI)
Motion for a resolution
Recital AA b (new)
Recital AA b (new)
AAb. whereas much still remains to be done in the service sector, starting with the full implementation of the Services Directive, whilst taking care to ensure that workers' rights are respected;
Amendment 61 #
2012/2260(INI)
Motion for a resolution
Recital AA c (new)
Recital AA c (new)
AAc. whereas further steps should be taken towards a regulation of financial services that provides adequate information and protection for consumers, enables a transparent assessment to be made of financial products, particularly the risky ones, and offers the possibility of alternative dispute settlements and means of collective redress that ensure that consumers are genuinely compensated and reimbursed;
Amendment 62 #
2012/2260(INI)
Motion for a resolution
Recital AA d (new)
Recital AA d (new)
AAd. whereas an integrated, interoperable and accessible European transport infrastructure is vital for ensuring the proper functioning and competitiveness of the Single Market;
Amendment 63 #
2012/2260(INI)
Motion for a resolution
Recital AA e (new)
Recital AA e (new)
AAe. whereas the establishment of an internal energy market is a strategic issue to reduce dependence on external energy supply and is vital for economic growth, business competitiveness and to reduce prices for citizens;
Amendment 64 #
2012/2260(INI)
Motion for a resolution
Recital AA f (new)
Recital AA f (new)
AAf. whereas further impetus needs to be given to the Digital Single Market, within which transparency and consumer protection mechanisms should always be provided and updated, also in order to increase consumer confidence in the new media;
Amendment 65 #
2012/2260(INI)
Motion for a resolution
Recital AA g (new)
Recital AA g (new)
AAg. whereas an ambitious European industrial policy is an essential element for strengthening the real economy and supporting sustainable growth, accompanied by employment, and it, too, should therefore also be considered one of the key areas on which to focus;
Amendment 66 #
2012/2260(INI)
Motion for a resolution
Recital AA h (new)
Recital AA h (new)
AAh. whereas the EU Member States and institutions should focus on the adoption and swift implementation of legislative measures linked to key areas, which are vital for growth and job creation, as underlined in the Compact for Growth and Jobs;
Amendment 67 #
2012/2260(INI)
Motion for a resolution
Recital AA i (new)
Recital AA i (new)
AAi. whereas European citizens have not yet benefited in full from the potential of the Single Market in many areas, in particular as regards the free movement of persons and workers;
Amendment 71 #
2012/2260(INI)
Motion for a resolution
Recital AB a (new)
Recital AB a (new)
ABa. whereas the Single Market should focus on the rights of all stakeholders, not only on their role as consumers or businesses, but also as citizens and workers;
Amendment 72 #
2012/2260(INI)
Motion for a resolution
Recital AB b (new)
Recital AB b (new)
ABb. having regard to the importance of a stronger and earlier involvement of the social partners and all stakeholders in designing, adopting, implementing and monitoring the measures needed to boost growth and citizens’ rights in the Single Market;
Amendment 73 #
2012/2260(INI)
Motion for a resolution
Recital AB c (new)
Recital AB c (new)
ABc. whereas the Single Market strategy should strengthen social welfare and workers' rights and ensure fair working conditions for all Europeans;
Amendment 74 #
2012/2260(INI)
Motion for a resolution
Recital AB d (new)
Recital AB d (new)
ABd. whereas dialogue with the social partners and civil society is of the essence in restoring confidence in the Single Market and new ideas are also needed, based also on forms of online participation and e-democracy practices designed to improve this dialogue efficiently;
Amendment 75 #
2012/2260(INI)
Motion for a resolution
Recital AC a (new)
Recital AC a (new)
ACa. whereas the improvement of the economic governance framework should be based on a set of interconnected and mutually consistent policies that foster growth and employment, and whereas the full development of the internal market is a prerequisite for this to happen;
Amendment 76 #
2012/2260(INI)
Motion for a resolution
Recital AC b (new)
Recital AC b (new)
ACb. whereas the Commission should monitor the completion of the Single Market and the actual implementation of the relevant measures within the annual exercise of the European Semester, taking account of the annual governance check- up and the Scoreboard reporting mechanisms; whereas, moreover, the annual monitoring should assess the extent to which consumers and businesses alike benefit from the Single Market and should report on obstacles to its functioning;
Amendment 77 #
2012/2260(INI)
Motion for a resolution
Recital AC c (new)
Recital AC c (new)
ACc. whereas every spring session of the European Council should be devoted to assessing the state of the Single Market, backed up by a monitoring process;
Amendment 80 #
2012/2260(INI)
Motion for a resolution
Recital AD a (new)
Recital AD a (new)
ADa. whereas the achievement of the objectives of the EU2020 strategy, at which the European Semester should aim, depends on the full development of the potential of the Single Market, on the commitment of the European Union as a whole and on the effective participation of the Member States;
Amendment 81 #
2012/2260(INI)
Motion for a resolution
Recital AD b (new)
Recital AD b (new)
ADb. whereas the European Semester should be even more systematically linked to the European Union initiatives currently under way and should take account of the completion of the Single Market to ensure the consistency of EU economic policy, in particular to ensure the necessary convergence between countries inside and outside the euro zone;
Amendment 82 #
2012/2260(INI)
Motion for a resolution
Recital AD c (new)
Recital AD c (new)
ADc. whereas the quality of the national reform programmes under the European Semester varies widely in terms of substance, transparency, feasibility and completeness and this contribution should be reviewed in depth, improved and be made sufficiently ambitious to achieve the objectives of economic integration and completion of the internal market;
Amendment 83 #
2012/2260(INI)
Motion for a resolution
Recital AD d (new)
Recital AD d (new)
ADd. whereas the Member States should provide information that is as detailed as possible also on the arrangements for applying and implementing the rules in the key areas of the internal market;
Amendment 84 #
2012/2260(INI)
Motion for a resolution
Recital AD e (new)
Recital AD e (new)
ADe. whereas a new methodology needs to be applied to the European Semester, consisting of discussing internal market priorities alongside economic and budgetary priorities, interlinking them, together with employment and social priorities, in a single, integrated coordination framework;
Amendment 85 #
2012/2260(INI)
Motion for a resolution
Recital AD f (new)
Recital AD f (new)
ADf. whereas the country-specific recommendations should take into account the progress made and the implementing arrangements for the legislation on the internal market, with particular reference to the key areas and priorities identified annually;
Amendment 88 #
2012/2260(INI)
Motion for a resolution
Recital AE a (new)
Recital AE a (new)
AEa. whereas the European Semester should be introduced with the full involvement of the national parliaments and should take place without prejudice to the prerogatives of the European Parliament;
Amendment 89 #
2012/2260(INI)
Motion for a resolution
Recital AE b (new)
Recital AE b (new)
AEb. whereas it is important for an ambitious consumer agenda to be drawn up, including legislative and programming measures, with a view to encouraging an average consumer to be responsible and increasing protection of vulnerable consumers;
Amendment 90 #
2012/2260(INI)
Motion for a resolution
Recital AE c (new)
Recital AE c (new)
AEc. whereas the Commission needs to be urged to introduce a single market surveillance system for all products, based on a legislative package that covers both the directive on general product safety and the regulation on market surveillance; whereas this is firmly connected to customs activity, and the necessary resources should be assigned to ensure that the market surveillance activities are effective;
Amendment 106 #
2012/2260(INI)
Motion for a resolution
Annex - recommendation 2 - indent 3 - point d a (new)
Annex - recommendation 2 - indent 3 - point d a (new)
(da) Factors relating to the introduction in the sector of further elements to protect and safeguard consumers, workers and citizens.
Amendment 108 #
2012/2260(INI)
Motion for a resolution
Annex - recommendation 3 - indent 1 - point d
Annex - recommendation 3 - indent 1 - point d
(d) Ensuring that businesses and citizens find information and help and have access to fast and, effective and affordable redress where needed;
Amendment 115 #
2012/2260(INI)
Motion for a resolution
Annex - recommendation 5 - indent 5 a (new)
Annex - recommendation 5 - indent 5 a (new)
The submission and assessment of national action plans should be regarded as coordinated measures which, within an integrated framework, are part of an annual cycle to identify policy priorities for the full achievement of the internal market, taking into account the economic, social and environmental dimension.
Amendment 116 #
2012/2260(INI)
Motion for a resolution
Annex - recommendation 6 - indent 1
Annex - recommendation 6 - indent 1
Amendment 121 #
2012/2260(INI)
Motion for a resolution
Annex - recommendation 7 - indent 3 - point a a (new)
Annex - recommendation 7 - indent 3 - point a a (new)
(aa) The implementing arrangements for the internal market legislation, as detailed by the Member States, with particular reference to the key areas and policy priorities identified annually;
Amendment 129 #
2012/2260(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the Commission Communication of 28 November 2012 entitled 'Annual Growth Survey 2013' (COM(2012)0750) and the Commission Report entitled 'State of the Single Market Integration 2013 − Contribution to the Annual Growth Survey 2013' (COM(2012)0752),
Amendment 146 #
2012/2260(INI)
Motion for a resolution
Recital AD a (new)
Recital AD a (new)
ADa. whereas the Annual Growth Survey 2013 has launched the third European Semester cycle and includes now for the first time an annual report on the state of the Single Market integration; whereas this stronger focus on the Single Market in the context of the European Semester is necessary in order to better exploit its growth and employment potentials in Europe and to allow citizens and businesses to fully benefit from it;
Amendment 147 #
2012/2260(INI)
Motion for a resolution
Recital AD a (new)
Recital AD a (new)
ADa. whereas the report on the State of the Single Market Integration 2013 does however not provide any new insights on the state of play in Member States nor draw sufficiently elaborated conclusions with regard to concrete growth potentials generated by the Single Market; whereas the choice of priority areas in the integration report should be backed by comprehensive data;
Amendment 149 #
2012/2260(INI)
Motion for a resolution
Recital AD c (new)
Recital AD c (new)
ADc. whereas future reports on the State of the Single Market Integration should therefore be clearer on current deficiencies in the Single Market, and provide more concrete guidance on possible remedies and the expected benefits, in order to enable meaningful responses by Member States;
Amendment 150 #
2012/2260(INI)
Motion for a resolution
Recital AD d (new)
Recital AD d (new)
ADd. whereas this year's report emphasises in particular the services sector and calls, among others, for a full compliance with the Services Directive; whereas this is a valid call but merely compelling, if it is not accompanied by both supportive and stringent measures on the correct transposition and interpretation of that Directive;
Amendment 151 #
2012/2260(INI)
ADd. whereas the Commission is right to note that labour mobility across Europe is still too low and stronger measures are needed in order to remove all the obstacles and to guarantee the equal treatment and conditions of all workers;
Amendment 153 #
2012/2260(INI)
Motion for a resolution
Recital AD b (new)
Recital AD b (new)
Amendment 154 #
2012/2260(INI)
Motion for a resolution
Recital AD e (new)
Recital AD e (new)
ADe. whereas the Late Payment Directive is a fundamental instrument to reduce the huge debt of public administrations towards many companies, especially medium and small enterprises, and whereas its transposition should take place quickly and properly in order to reduce the numbers of insolvency situations;
Amendment 155 #
2012/2260(INI)
Motion for a resolution
Recital AD f (new)
Recital AD f (new)
ADf. whereas the digital economy is also considered as a priority area; whereas timely and correct transposition and implementation of the Consumer Rights Directive is one of the essential factors for the development of this economy;
Amendment 156 #
2012/2260(INI)
Motion for a resolution
Recital AD g (new)
Recital AD g (new)
ADg. whereas more innovative actions are needed in order to support the Single Market based on the social market economy; whereas the Annual Growth Survey 2013 brought forward an interesting proposal on the introduction of a consumer insolvency regime, and whereas this proposal should be further explored, considering that this kind of measures can play a fundamental role both for consumer protection and prevention of possible systemic risks for the financial sector;
Amendment 80 #
2012/2234(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers the growing number of elderly people, especially women, who live below the poverty line alarming and takes the view that pension systems should guarantee an adequate and decent standard of living for all;
Amendment 209 #
2012/2234(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on Member States to ensure adequate contributions to the pension system and to prevent and punish contribution evasion, which threatens to undermine the adequacy and sustainability of pension systems and creates discrimination between workers and between undertakings, while exacerbating unfair competition;
Amendment 210 #
2012/2234(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Considers that the statutory pension age must take account of the particular circumstances of people who have carried out arduous work or who entered the labour market at a very early age;
Amendment 211 #
2012/2234(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Warns that atypical employment and the gaps in social security contributions that come along with it can have a significant negative impact on a person's pension entitlements;
Amendment 234 #
2012/2234(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Considers that the equalisation of the pension age for men and women must be accompanied by effective policies to ensure equal pay for equal work, a good work-life balance and the recognition of care-related work, which is unpaid;
Amendment 2 #
2012/2098(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers proper corporate governance to be a key element of corporate social responsibility, especially as regards relations with public authorities and workers and their representative organisations and as regards policy on bonuses, compensation, and salaries; believes that when the bonuses, compensation, and salaries paid to managers are out of all proportion to what is paid to workers, especially in cases where a business is in difficulty, they are incompatible with socially responsible behaviour;
Amendment 3 #
2012/2098(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Believes that a business’s tax policy should be considered part and parcel of CSR and that socially responsible behaviour consequently leaves no room for strategies aimed at evading tax or exploiting tax havens;
Amendment 4 #
2012/2098(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Agrees with the view expressed in the Commission communication that compliance with applicable law and collective labour agreements is a sine qua non of corporate social responsibility; also believes that socially responsible behaviour must of necessity translate into proper relations with trade unions, in particular respect for trade union rights, a continuous flow of information to workers and their representative organisations, and their involvement in company decision-taking;
Amendment 5 #
2012/2098(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Believes that when assessing the social responsibility of a company, it is necessary to take into account the behaviour of companies operating within its supply chain and, where applicable, of its subcontractors;
Amendment 8 #
2012/2098(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to consider whether it could establish a European corporate social responsibility certificate; believes that such a certificate should be recognised throughout the European Union and constitute proof of compliance with a body of requirements related to the different aspects of CSR, based on the principles and guidelines recognised at international level;
Amendment 10 #
2012/2098(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Commission to draw up specific measures to combat misleading marketing relating to the environmental impact of products, over and above those provided for in the Unfair Commercial Practices Directive; considers that greenwashing is not only a deception that misleads consumers, public authorities, and investors, but also decreases trust in corporate social responsibility as an effective way to promote sustainable inclusive growth;
Amendment 17 #
2012/2098(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Is closely monitoring the current discussions on the legislative proposal on the transparency of the social and environmental information provided by companies; advocates the adoption of an approach allowing the greatest possible flexibility of action to be maintained, in orcalls on the Commission to propose a clear-cut legislative framework imposing non-financial disclosure obligations on large European companies and laying down the minimum information to be supplied (encompassing environmental aspects, taking into account the life cycle cost methodology, social aspects, in particular respect for human rights, and governance aspects) and the methodology; considers to take achat information in the above category should also cover subcount of CSR’s multi- dimensional nature and the diversityracting and supply chains and be based on globally accepted methodologies such as those of the Global Reporting Initiative ofr the CSR policies implemented by businesseIntegrated Reporting Council; calls in addition for a simplified framework to be established for SMEs;
Amendment 23 #
2012/2098(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Considers it essential, however, that the Commission should, as quickly as possible, develop the projected common life cycle-based methodology for measuring environmental performance; believes that the above methodology would be useful both from the point of view of transparency of business information and for the purposes of the assessment which public authorities bring to bear on companies’ environmental performance;
Amendment 26 #
2012/2098(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Supports the Commission proposal to require all investment funds and financial institutions to inform every customer (citizens, businesses, public authorities, etc.) about any ethical or responsible investment criteria which they apply or any standards and codes to which they adhere;
Amendment 28 #
2012/2098(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a Calls on the Commission accordingly to propose a clear legislative framework making compulsory non-financial disclosure by major European companies and specifying the minimum amount of information which must be provided (including environmental data, taking account of life-cycle costs, social aspects, in particular respect for human rights, and governance) and the methodology; notes that information should also be given regarding subcontracting and supply chains; calls for the drafting of simplified framework provisions which may be adopted by SMEs;
Amendment 29 #
2012/2098(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls for immediate measures at European level to combat the inadmissible practice of ‘greenwashing’, which not only deceives and misleads consumers, the authorities and investors, but also undermines confidence in corporate responsibility as an effective instrument for inclusive and sustainable growth;
Amendment 34 #
2012/2098(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Supports the Commission proposal to make it compulsory for investment funds and financial institutions to inform all their clients about any ethical or responsible investment criteria applied by them or any standards or codes with which they comply;
Amendment 39 #
2012/2098(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reaffirms the belief that the development of CSR should be driven primarily by businesses themselvpursued through a multi-stakeholder approach, assigning a leading role to businesses, which must be able to develop an approach tailored to their own specific situation; stresses the need for targeted measures and approaches for the development of CSR among SMEs;
Amendment 3 #
2012/2097(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is concerned that the economic crisis may have had an adverse impact on the way in which work is organised; calls on the Commission to use the multi- stakeholder platforms to promote efforts to find sustainable solution, with the involvement and agreement of the social partners, to promote efforts to find sustainable solutions guaranteeing full respect for the rights of workers in connection with the organisation of working time, precarious employment and equal treatment;
Amendment 5 #
2012/2097(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Agrees with the Commission communication that compliance with the relevant legislation and with collective agreements between the social partners is an essential precondition for corporate social responsibility; notes also that social responsibility necessarily involves properly conducted trade union relations, in particular respect for trade union rights, ongoing information for workers and the associations representing them and their involvement in corporate decision making;
Amendment 6 #
2012/2097(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Notes that, in assessing the social responsibility of a company, account must be taken of the conduct of those companies forming part of its supply chain and any subcontractors;
Amendment 7 #
2012/2097(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to consider the possibility of introducing a European certificate of corporate social responsibility which should be recognised throughout the European Union as evidence of compliance with a number of conditions relating to various aspects of CSR based on internationally recognised principles and guidelines;
Amendment 9 #
2012/2097(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission, in particular the DG for Justice, to table proposals regarding the extraterritorial jurisdiction of EU courts in cases of human rights violations on the part of European companies or their subsidiaries, subcontractors or trading partners;
Amendment 59 #
2012/2097(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Agrees with the Commission communication that compliance with the relevant legislation and collective agreements between the social partners is an essential precondition for corporate social responsibility;
Amendment 126 #
2012/2097(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission, in particular its DG Justice, to put forward proposals for better facilitating extraterritorial jurisdiction in EU courts for egregious cases of human rights violation by EU- based businesses or their subsidiaries, subcontractors or business partners;
Amendment 156 #
2012/2097(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Welcomes the recognition of the role which must be played by public procurement in promoting CSR in practice; considers it important accordingly that measures be taken under the new directive seeking to include social and environmental factors, progress beyond the award of contracts to ‘the lowest bidder’ and make compulsory compliance with the provisions of international, European and national law and with the collective agreements applicable at the place where the works are carried out or the goods or services provided;
Amendment 159 #
2012/2097(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Considers it essential for the Commission to develop as soon as possible the announced common methodology for the measurement of environmental performance based on the life-cycle cost. Such a methodology would be useful in terms of both transparency of company information and assessment by the authorities of companies’ environmental performance;
Amendment 181 #
2012/2097(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Commission accordingly to propose a clear legislative framework making compulsory non-financial disclosure by major European companies and specifying the minimum amount of information which must be provided (including environmental data, taking account of life-cycle costs, social aspects, in particular respect for human rights, and governance) and the methodology; notes that information should also be given regarding subcontracting and supply chains; calls for the drafting of simplified framework provisions which may be adopted by SMEs ;
Amendment 1 #
2012/2040(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Points out that while electronic payments are playing an increasingly important role in Europe and in the world, serious obstacles remain for a fully and effectively integrated, competitive, innovative, safe, transparent and consumer-friendly European single market with regard to these forms of payments;
Amendment 9 #
2012/2040(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Affirms that the transparency of the electronic payments systems, correct information to consumers in any payment transaction and a direct and easy access to information are prerequisites for a well functioning European market for electronic payments;
Amendment 12 #
2012/2040(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Believes that consumer refund rights should be strengthened, both in the case of unauthorised payments and in the case of undelivered (or non delivered as promised) goods or services, and that effective Collective Redress and Alternative Dispute Resolution systems are indispensable tools for the protection of consumers, also in the field of electronic payments;
Amendment 14 #
2012/2040(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Believes that standardisation at European level is needed, in the form of a regulatory framework that establishes security standards for each form of electronic payments, and that regulates all the actors involved in the provision of payment services as well as all intermediaries, including merchants (e.g. storage of credentials). In the definition of the standards, account should be taken of the systems that have brought significant shifts towards safer payments (e.g. CHIP&PIN system for cards, Two-factor authentication system, E-Signature and Online payments by pass through services for e-payments), of the systems more vulnerable to frauds (e.g. where consumers' sensitive personal data are transmitted to third parties, as in Online payments by overlay services, or magnetic strip system, for cards) and of the innovations that could make the processes safer;
Amendment 17 #
2012/2040(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Takes the view that standardisation should not be limited to the definition of security standards but should include measures necessary to ensure a more open, transparent, innovative, competitive and unfragmented electronic payments market that brings advantages to all consumers (for example with regard to interoperability or, in m-payments, portability). Considers that, to reach this target, the tool of mandatory co-badging for payments cards, when required by the cardholder, should be taken into consideration (in that case the choice of priority between the PSPs available on the card should be up to the consumer) and that the remaining obstacles for cross- border acquiring should be eliminated;
Amendment 20 #
2012/2040(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Considers that it should be possible for PSPs (even if non-banks) to have information on the funds availability of a client making a payment, in order to be sure that he is not in an overdraft situation, but that that information should be limited to a simple indication whether these funds are or are not available. Believes that charges for this operation should be harmonised;
Amendment 21 #
2012/2040(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that domestic and cross-boarder multilateral interchange fees in the Single Euro Payments Area (SEPA) should be harmonised and progressively banned by a fixed deadline and that, in parallel, surcharges, rebates and other steering practices should be progressively banned as well, paving the way for a more transparent European single market of payments. Also the issue of three parties systems "implicit interchange fees" should be faced and these fees progressively banned. In this context considers changes to 'No Discrimination' or 'Honour All Cards' Rules counterproductive and to be avoided;
Amendment 28 #
2012/2040(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that enforcement of rules in electronic payments is often difficult, not adequate and different in Europe, and that stronger efforts should be made to ensure a proper and uniform enforcement of the rules;
Amendment 149 #
2012/2040(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Believes that consumer refund rights should be strengthened, both in the case of unauthorised payments and in the case of undelivered (or non delivered as promised) goods or services, and that effective Collective Redress and Alternative Dispute Resolution systems are indispensable tools for the protection of consumers, also in the field of electronic payments;
Amendment 64 #
2012/0366(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In relation to the fixing of maximum yields, it might be necessary and appropriate at a later date to adapt the yields fixed or to fix maximum thresholds for emissions, taking into consideration scientific development and internationally agreed standards to assess their toxicity or addictiveness.
Amendment 70 #
2012/0366(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 74 #
2012/0366(COD)
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) The Commission and Member States should increase their efforts to further control, prevent and suppress the illegal trade in tobacco goods manufactured in third countries.
Amendment 77 #
2012/0366(COD)
Proposal for a directive
Recital 35 a (new)
Recital 35 a (new)
(35a) Member States should ensure that nicotine containing products are not sold to persons below the age required for purchasing tobacco products or related products.
Amendment 79 #
2012/0366(COD)
Proposal for a directive
Recital 37
Recital 37
(37) In order to ensure uniform conditions for the implementation of this Directive, in particular concerning the format of ingredients reporting, the determination of products with characterising flavours or with increased levels of toxicity and addictiveness and the methodology for determining whether a tobacco product has characterising flavour, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
Amendment 81 #
2012/0366(COD)
Proposal for a directive
Recital 38
Recital 38
Amendment 82 #
2012/0366(COD)
Proposal for a directive
Recital 41
Recital 41
(41) Member States should remain free to maintain or introduce national legislations applying to all products alike for aspects falling outside the scope of this Directive, provided they are compatible with the Treaty and do not jeopardise the full application of this Directive. Accordingly, Member States could, for instance, maintain or introduce provisions providing standardisation of packaging of tobacco products provided that those provisions are compatible with the Treaty, with WTO obligations and do not affect the full application of this Directive. A prior notification is required for technical regulations pursuant to Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and on rules on Information Society services.
Amendment 92 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The Commission shall adopt by means of implementing acts uniform rules on the procedurcriteria, procedures and methodologies for determining whether a tobacco product falls within the scope of paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 212.
Amendment 97 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shall prohibit the use of characterising flavourings in the components of tobacco products such as filters, papers, packages, capsules or any technical features allowing modification of flavour or smoke intensity. Filters and capsules shall not contain tobacco.
Amendment 118 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A unit packet of cigarettes shall have a cuboid shape. A unit packet of roll-your- own tobacco shall have the form of a pouch, i.e. a rectangular pocket with a flap that covers the opening. The flap of the pouch shall cover at least 70% of the front of the packet. A unit packet of cigarettes shall include at least 20 cigarettes. A unit packet of roll-your-own tobacco shall contain tobacco weighing at least 40 g.
Amendment 121 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. For the purposes of effective tracking and tracing, Member States shall ensure that all unit packets of tobacco products including any external packaging, shall be marked with a unique, safe and indelible identifier. In order to ensure their integrity, unique identifiers shall be irremovably printed/affixed, indelible and in no way hidden or interrupted in any form, including through tax stamps and price marks, or by the opening of the packet. In relation to products manufactured outside the Union the obligations laid down in this Article apply only to those destined to or placed on the Union market.
Amendment 143 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 154 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 156 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 158 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
Amendment 159 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 160 #
2012/0366(COD)
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Amendment 161 #
2012/0366(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are enforced. The penalties provided for shall be effective, proportionate and dissuasive. All fines shall be greater than any financial rewards for infringement.
Amendment 167 #
2012/0366(COD)
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
Amendment 65 #
2012/0360(COD)
Proposal for a regulation
Article 1 – point 14
Article 1 – point 14
Regulation (EC) No 1346/2000
Recital 20 a
Recital 20 a
(20a) This Regulation should ensure the efficient administration of insolvency proceedings relating to different companies forming part of a group of companies. Where insolvency proceedings have been opened for several companies of the same group, these proceedings should be properly coordinated, in particular in order to prevent the insolvency of one company in the group from jeopardising the future of the others. The various liquidators and the courts involved should therefore be under the same obligation to cooperate and communicate with each other as those involved in main and secondary proceedings relating to the same debtor. In addition, a liquidator appointed in proceedings relating to a member of a group of companies should have standing to propose a rescue plan in the proceedings concerning another member of the same group to the extent such a tool is available under national insolvency law.
Amendment 72 #
2012/0360(COD)
Proposal for a regulation
Article 1 – point 22
Article 1 – point 22
Regulation (EC) No 1346/2000
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
1. The courts of the Member State within the territory of which the centre of a debtor's main interests is situated shall have jurisdiction to open insolvency proceedings ("main proceedings"). The centre of main interests shall be the place where the debtor conducts the administration of his interests on a regular basis prior to the opening of insolvency proceedings or provisional proceedings and which is ascertainable by third parties.
Amendment 74 #
2012/0360(COD)
Proposal for a regulation
Article 1 – point 23
Article 1 – point 23
Regulation (EC) No 1346/2000
Article 3b – paragraph 2
Article 3b – paragraph 2
2. Where insolvency proceedings are opened in accordance with national law without a decision by a court, the liquidator appointed in such proceedingscourt which appointed the liquidator shall examine whether the Member State in which the proceedings are pending has jurisdiction pursuant to Article 3. Where this is the case, the liquidator shall specify the grounds on which jurisdiction is based and, in particular, whether jurisdiction is based on Article 3(1) or (2).
Amendment 77 #
2012/0360(COD)
Proposal for a regulation
Article 1 – point 28 a (new)
Article 1 – point 28 a (new)
Regulation (EC) No 1346/2000
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
(2a) Where the creditors include employees of the insolvent firm, those employees shall have a right of pre- emption with regard to the recovery of the sums owed.
Amendment 79 #
2012/0360(COD)
Proposal for a regulation
Article 1 – point 30
Article 1 – point 30
Regulation (EC) No 1346/2000
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Until such time as the system of interconnection of insolvency registers referred to in Article 20b is established, the liquidator shall request that notice of the judgment opening insolvency proceedings and, where appropriate, the decision appointing him, be published in any other Member State where an establishment of the debtor is located in accordance with the publication procedures provided for in that State. Such publication shall specify the liquidator appointed and whether the jurisdiction rule applied is that pursuant to Article 3(1) or (2)cover the information provided for in Article 20a.
Amendment 85 #
2012/0360(COD)
Proposal for a regulation
Article 1 – point 34
Article 1 – point 34
Regulation (EC) No 1346/2000
Article 29 a – paragraph 4
Article 29 a – paragraph 4
4. The liquidator in the main proceedings shall be notified of the decision to open secondary proceedings and shall have the right to challenge that decision within three weeks of the date of receipt of such notification.
Amendment 86 #
2012/0360(COD)
Proposal for a regulation
Article 1 – point 45
Article 1 – point 45
Regulation (EC) No 1346/2000
Article 42 d – paragraph 2
Article 42 d – paragraph 2
2. The court having opened proceedings referred to in point b) of paragraph 1 shall stay the proceedings in whole or in part if it is proventhe liquidator provides sufficient evidence that such a stay would be to the benefit of the creditors in these proceedings. Such a stay may be ordered for up to threewo months and may be continued or renewed for the same period. The court ordering the stay may require the liquidator to take any suitable measure to guarantee the interests of the creditors in the proceedings.
Amendment 87 #
2012/0360(COD)
Proposal for a regulation
Article 1 – point 45
Article 1 – point 45
Regulation (EC) No 1346/2000
Article 42 d a (new)
Article 42 d a (new)
Amendment 88 #
2012/0360(COD)
Proposal for a regulation
Article 1 – point 45
Article 1 – point 45
Regulation (EC) No 1346/2000
Article 42 d b (new)
Article 42 d b (new)
Article 42db Tasks and rights of the coordinator 1. The court opening group coordination proceedings shall appoint a coordinator. The coordinator shall be independent of the group members and their creditors. The coordinator shall have the task of: (a) identifying and outlining procedural and substantive recommendations for the coordinated conduct of the insolvency proceedings; (b) mediating disputes arising between two or more insolvency representatives of group members; and (c) presenting a group coordination plan that identifies, describes and recommends a comprehensive set of measures appropriate to an integrated approach to the resolution of the group members’ insolvencies. In particular, the plan may include recommendations on: (i) the measures to be taken in order to re- establish the economic performance and the financial soundness of the group or any part of it; (ii) the settlement of intra-group disputes, in particular with respect to intra-group transactions and avoidance actions; (iii) agreements between the insolvency representatives of the insolvent group members. 2. The coordinator shall have the right to: (a) be heard and to participate, in particular by attending creditors' meetings, in any of the proceedings opened with respect to any member of the group; (b) present and explain a group coordination plan approved in accordance with Article 42dc(3); (c) request information from any insolvency representative that is or might be of use when identifying and outlining strategies and measures for coordinating the proceedings; and (d) request a stay for a period of up to three months of proceedings opened with respect to any other member of the group and to request the cessation of that stay.
Amendment 89 #
2012/0360(COD)
Proposal for a regulation
Article 1 – point 45
Article 1 – point 45
Regulation (EC) No 1346/2000
Article 42 d c (new)
Article 42 d c (new)
Article 42dc Court approval of group coordination plan 1. Insolvency representatives appointed for insolvency proceedings that would be affected by the implementation of a group coordination plan may comment on the draft of the plan within a period of no more than 15 days set by the coordinator when submitting the plan. 2. The draft plan submitted for court approval shall be accompanied by (a) a description of how paragraph 1 was complied with, drafted by the coordinator; (b) the comments received by the insolvency representatives as at the time of submission of the draft plan; (c) a reasoned statement by the coordinator as to how the comments have, or have not, been reflected in the draft plan. 3. The court shall approve the plan if it is satisfied that the coordinator complied with the formal requirements of paragraph 2 and of point (c) of paragraph 1 of Article 42db.
Amendment 46 #
2012/0146(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Under Article 9 of the Treaty on the Functioning of the European Union, the Union must, in defining and implementing its policies and activities, take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health. The concepts of accessibility and design for all should be mainstreamed when legislative measures on electronic identification are being pursued at Union level.
Amendment 65 #
2012/0146(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 31 a (new)
Article 3 – paragraph 1 – point 31 a (new)
(31a) ‘breach of security’ means a security incident leading to the accidental or unlawful destruction, loss, alteration, or unauthorised disclosure of, or access to, personal data transmitted, stored, or otherwise processed.
Amendment 66 #
2012/0146(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Data processing and protection 1. Trust service providers, issuers, validation services, relying parties and supervisory bodies shall ensure fair and lawful processing in accordance with Directive 95/46/EC when processing personal data. Such processing shall be strictly limited to the minimum data needed to issue and maintain an eID or certificate, validate an electronic authentication or to provide a trust service. 2. Trust service providers, issuers, validation services shall guarantee the confidentiality and integrity of data related to a person to whom the eID is issued or the service is provided. 3. Without prejudice to the legal effect given to pseudonyms under national law, Member States shall not prevent issuers from indicating in electronic authentication means a pseudonym instead of or in addition to the holder's name or prevent trust service providers indicating in electronic signature certificates a pseudonym instead of the signatory's name. 4. Validation services must not collect or retain data beyond the extent necessary for the process of validation. Validation services must not profile signatories, relying parties or any other customers. Logs may be retained for the purpose of detecting fraud and intrusions but for no more than 90 days.
Amendment 69 #
2012/0146(COD)
Proposal for a regulation
Article 5
Article 5
When an electronic identification using an electronic identification means and authentication is requirallowed under national legislation or administrative practice to access a service online, any electronic identification means issued in another Member State that ensures the same or an higher level of assurance and that fallings under a scheme included in the list published by the Commission pursuant to the procedure referred to in Article 7 shall be recognised and accepted for the purposes of accessing this service.
Amendment 74 #
2012/0146(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the electronic identification means can be used to access at least public services requirallowing electronic identification in the notifying Member State;
Amendment 110 #
2012/0146(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. A trust service provider shall be liable for any direct damage caused to any natural or legal person due to failure to comply with the obligations laid down in Article 15(1), unless the trust service provider can prove that he has not acted negligently.
Amendment 113 #
2012/0146(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. A qualified trust service provider shall be liable for any direct damage caused to any natural or legal person due to failure to meet the requirements laid down in this Regulation, in particular in Article 19, unless the qualified trust service provider can prove that he has not acted negligently.
Amendment 117 #
2012/0146(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11a Right of access and information for users of trust services Trust service providers shall provide users with at least the following: (a) information on the collection, communication, and retention of their personal data; (b) means of checking their personal data and exercising their data protection rights.
Amendment 118 #
2012/0146(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Trust services provided and end user products used in the provision of those services shall be made accessible for persons with disabilities whenever possible.
Amendment 144 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. When the breach of security is likely to adversely affect the users of trust services, the supervisory body shall without undue delay notify the breach to those users in order to enable them to take the necessary precautions.
Amendment 62 #
2012/0061(COD)
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
Having regard to the Charter of Fundamental Rights of the European Union, and in particular Articles 15, 21 and 28 thereof,
Amendment 65 #
2012/0061(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Pursuant to Article 3(3) TEU, the internal market is not an end in itself, but a means to achieve social progress. The free movement of workers, the freedom of establishment and the freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty. The implementation of these principles is further developed by Union aimed at guaranteeing a level playing field for businesses and respect for the rights of workerlegislation and measures aimed at guaranteeing the rights of workers and a level playing field for businesses.
Amendment 74 #
2012/0061(COD)
Proposal for a directive
Recital 3
Recital 3
(3) With respect to workers temporarily posted to carry out work in order to provide services in another Member State than the one in which they habitually carry out their work, Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services establishes a core set of clearly defined terms and conditions of work and employment which must at least be complied with by the service provider in the Member State to which the posting takes place to ensure the minimum protection of the posted workers concerned.
Amendment 75 #
2012/0061(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) This directive aims at better enforcement of Directive 96/71/EC. Therefore, the provision laid down in this directive shall be applicable without prejudice to Articles 4 and 5 of Directive 96/71/EC.
Amendment 79 #
2012/0061(COD)
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3c) In case of non-compliance, such as when a worker is found not to be genuinely posted, an undertaking should be subject to the relevant legislation applicable in the Member State to which the posting takes place, and all persons posted by the undertaking concerned shall be deemed workers exercising their freedom of movement within the Union.
Amendment 83 #
2012/0061(COD)
Proposal for a directive
Recital 4
Recital 4
(4) In order to prevent, avoid and combat circumvention and/or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the Treaty and/or the application of Directive 96/71/EC the implementation and monitoring of the notion of posting should be improved and the risk of contradictions in the application of EU law reduced.
Amendment 88 #
2012/0061(COD)
Proposal for a directive
Recital 6
Recital 6
(6) As is the case with Directive 96/71/EC, this Directive should not prejudice the application of the law which, under Article 8 of the Rome I Regulation, applies to individual employment contracts, or the application of Regulation No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems and, Regulation No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, Regulation (EU) No 465/2012 of the European Parliament and of the Council of 22 May 2012 or Article 45 and 46 TFEU. The provisions of this Directive should be without prejudice to Member States providing for more favourable conditions for posted workers.
Amendment 94 #
2012/0061(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Trade unions play an important role in the context of the posting of workers for the provision of services since social partners may, in accordance with national law and/or practice, determine the different levels (alternatively or simultaneously) of the applicable minimum rates of payhis Directive and Directive 96/71/EC should not interfere with different national industrial relations and collective bargaining systems.
Amendment 99 #
2012/0061(COD)
Proposal for a directive
Recital 9
Recital 9
(9) For the purpose of ensuring that a posted worker receives the correct pay and provided allowances specific to posting can be considered part of minimum rates of pay, such allowances should only be deducted from wages if national law, collective agreements and/or practiceas provided for by national law, collective agreements and/or practice of the Member State in which the posting takes place. Allowances specific to posting should be taken into account provided they are paid by the hour and regardless of the circumstances of the work performed. Allowances paid in reimbursement of expenditure actually incurred on account of the hpost Member State provide for thising, such as expenditure on travel, board and lodging should not be taken into account, as the reimbursement of such expenditure is an obligation on the employer.
Amendment 105 #
2012/0061(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers, whereas poor enforcement undermines the effectiveness of the Union rules applicable in this area. Close cooperation between the Commission and the Member States is therefore essential, without neglecthile underlining the important role of labour inspectorates and the social partners in this respect.
Amendment 113 #
2012/0061(COD)
Proposal for a directive
Recital 10 b (new)
Recital 10 b (new)
(10b) Posted workers should not be used to replace workers on strike.
Amendment 117 #
2012/0061(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Member States should take appropriate measures in order to prevent the misuse and/or circumvention of Directive 96/71/EC and this Directive by undertakings for the purpose of depriving posted workers of their rights or the withholding of such rights. In particular, posted workers sent to replace workers on strike, successive assignments to the same post and bogus self employment should be prevented.
Amendment 119 #
2012/0061(COD)
Proposal for a directive
Recital 11 c (new)
Recital 11 c (new)
(11c) In order to assess whether a posted worker is temporarily carrying out his or her work in a Member State other than the one in which he or she normally works, all elements characterizing such work and the situation of the worker should be examined. Member States should ensure that undertakings provide the necessary evidence. If it cannot be established that a worker is a posted worker within the meaning of this Directive and Directive 96/71/EC, he/she should be considered as habitually employed in the Member State to which the posting takes place, within the meaning of Regulation No 593/2008.
Amendment 131 #
2012/0061(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Member States obligations to make information on terms and conditions of employment generally available and to provide effective access free of charge to it, not only to service providers from other Member States, but also to the posted workers concerned, should be further concretised.
Amendment 133 #
2012/0061(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Posted workers have an individual right to information and advice on the applicable terms and conditions of work and employment. It is the responsibility of the Member States to set up appropriate bodies to which posted workers can turn in this respect.
Amendment 144 #
2012/0061(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to ensure the correct application of, and to monitor compliance with, the substantive rules on the terms and conditions of employment to be respected with regard to posted workers, Member States should apply only certainthe necessary control measures orand administrative formalities to undertakings posting workers for the provision of services. Such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the Member State of establishment of the service provider within a reasonable delay and/or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained in order to effectively combat fraud and unfair competition.
Amendment 152 #
2012/0061(COD)
Proposal for a directive
Recital 17
Recital 17
(17) A comprehensive and effective system of preventive and control measures, together with deterrent penalties to identify and prevent individual instances of bogus self- employed, should contribute to combat concealed employment effectively. In this context it is essential that competent authorities in the member states have the means to check if there is a situation of dependency between the allegedly self- employed individual and his or her employer.
Amendment 154 #
2012/0061(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) In order to combat bogus self- employment and other violations of existing legislation, a European register should be set up for companies that have repeatedly violated the rules laid down in this Directive and Directive 96/71/EC. The purpose of the register should also be to ensure a level playing field and fair competition among companies.
Amendment 159 #
2012/0061(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 172 #
2012/0061(COD)
Proposal for a directive
Recital 24
Recital 24
(24) In view of the prevalence of subcontracting in the construction sector,With a view to reducing abuses in subcontracting situations and in order to protect posted workers‘' rights, it is necessary to ensure that in such sector at least the contractor of which the employer is a direct subcontractor can be held liable to pay to posted workers the net minimum rates of pay due, any back- payments of outstanding remuneration and/or contributions due to common funds or institutions of social partners regulated by law or collective agreement in so far as these are covered by Article 3 (1) of Directive 96/71/EC in addition to or in place of the employer. The contractor shall not be held liable if he/she has undertaken due diligence. The latter may imply preventive measures concerning proof provided by the subcontractor, including where relevant based upon information emanating from national authoritiesall contractors up the chain can be held liable to pay to posted workers all entitlements due to him/her.
Amendment 172 #
2012/0061(COD)
Proposal for a directive
Recital 24
Recital 24
(24) In view of the prevalence of subcontracting in the construction sector, and in order to protect posted workers‘' rights, it is necessary to ensure that in such sector at least the contractor of which the posted workers' employer is a direct subcontractor can be held liable to pay to posted workers the net minimum rates of pay due, any back- payments of outstanding remuneration and/or contributions due to common funds or institutions of social partners regulated by law or collective agreement in so far as these are covered by Article 3 (1) of Directive 96/71/ECd any intermediate subcontractors can be held liable, in addition to or in place of the employer. The contractor shall not be held liabl, for the failure iof he/she has undertaken due diligence. The latter may imply preventive measures concerning proof provided by the subcontractor, including where relevant based upon information emanating from national authoritiesthe employer to respect the provisions of Directive 96/71/CE and of this Directive.
Amendment 179 #
2012/0061(COD)
Proposal for a directive
Recital 26
Recital 26
(26) The obligation to impose a liability requirement on the main contractor and any intermediate subcontractors where the direct subcontractor is a service provider, established in another Member State, posting workers is justified in the overriding public interest of the social protection of workers. SFor example, such posted workers may not be in the same situation as workers employed by a direct subcontractor established in the Member State of establishment of the contractor with regard to the possibility to claim outstanding pay or refunds of taxes or social security contributions unduly withheld.
Amendment 181 #
2012/0061(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 192 #
2012/0061(COD)
Proposal for a directive
Recital 26
Recital 26
Amendment 197 #
2012/0061(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3 a Clarification of the relation with the Temporary agency work Directive This Directive and Directive 96/71/EC apply to temporary agency workers within the meaning of Directive 2008/104/EC on temporary agency work unless these workers are guaranteed more favourable treatment regarding their terms and conditions of employment under the Directive 2008/104/EC.
Amendment 199 #
2012/0061(COD)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) This Directive and Directive 96/71/EC apply also to transport undertakings other than those engaged in maritime transport, which post workers to other Member States, including air and freight transport as well as cabotage operations as recognised in recital 17 of Regulation No 1072/2009/EC of the European Parliament and of the Council on common rules for access to the international road haulage market.
Amendment 208 #
2012/0061(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Member States should take appropriate measures in the event of failure to comply with the obligations laid down in this Directive, including administrative and judicial procedures, and should provide for effective, dissuasive and proportionate penalties for any breaches of the obligations under this Directive. Insufficient cooperation between Member States remains a problem in enforcing Directive 96/71/EC. This hinders the creation of a level playing field for companies and the protection of workers. In the case of Member States failing to live up to the provisions laid down in this Directive and Directive 96/71/EC, the Commission should, in accordance with the Treaty of the European Union, take legal action.
Amendment 213 #
2012/0061(COD)
Proposal for a directive
Recital 33
Recital 33
(33) This Directive and Directive 96/71/EC respects the fundamental rights and observes the principles recognised in the European Convention on Human Rights, ILO Conventions and the Charter of Fundamental Rights of the European Union, notably protection of personal data (Article 8), the freedom to choose an occupation and right to engage in work (Article 15), the freedom to conduct a business (Article 16), the right to equality (Article 20), non-discrimination (Article 21), the right to collective bargaining and action (Article 28), fair and just working conditions (Article 31), and the right to an effective remedy and to a fair trial (Article 47) and has to be implemented in accordance with those rights and principles.
Amendment 215 #
2012/0061(COD)
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) Fundamental social rights should not be called into question on grounds of economic freedoms. Therefore this Directive should strengthen the enforcement of Directive 96/71/EC in particular in light of legal uncertainties resulting from the judgments of the European Court of Justice notably Viking (C-438/05), Laval (C-341/05), Rüffert (C- 346/06) and Luxembourg (C-319/06).
Amendment 217 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
1. This Directive establishes a general common framework of appropriateset of provisions, measures and control mechanisms necessary forenabling Member States to ensure better and more uniform implementation, application and enforcement in practice of Directive 96/71/EC, including measures to prevent and sanction any abuse and circumvention of the applicable rulesterms and conditions of employment that apply in the place where the service is to be performed, without prejudice to more favourable treatment of the worker.
Amendment 220 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 a (new)
Article 1 – paragraph 1 – subparagraph 1 a (new)
This Directive clarifies which measures fall under the public policy provisions, which are provisions covering those mandatory rules from which there can be no derogation and which, by their nature and objective, meet the imperative requirements of the public interest.
Amendment 222 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
In order to better implement Articles 3 and 5 of Directive 96/71/EC and to assess whether a posted worker temporarily carries out his or her work in a Member State other than the one in which he or she normally works, all factual elements characterising such work and the situation of the worker shall be examined.
Amendment 223 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
This Directive aims to guarantee respect for an appropriate level of minimum protection of the rights of posted workers for the cross- border provision of services, while facilitating the exercise of the freedom to provide services for service providers and promoting fair competition between service providers.
Amendment 223 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – introductory part
Article 3 – paragraph 2 – subparagraph 2 – introductory part
Amendment 226 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2 a (new)
Article 1 – paragraph 1 – subparagraph 2 a (new)
This Directive does not affect in any way the competences of the Member States to define mandatory labour standards and working conditions for all workers pursuing labour on their territory as stated in Article 3 (10) of Directive 96/71 as long as these standards are not protectionist or discriminatory.
Amendment 229 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point d
Article 3 – paragraph 2 – subparagraph 2 – point d
(d) travel, board and lodging/accommodation is provided or reimbursed by the employer who posts the worker, and if so, how this is done; as well as;
Amendment 230 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall not affect in any way the exercise of fundamental rights as recognised in Member States and by Union laws well as at Union and international level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and practices. Nor does it affect the right to negotiate, conclude and enforce collective agreements and to take collective action in accordance with national law and practices.
Amendment 230 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point e
Article 3 – paragraph 2 – subparagraph 2 – point e
(e) any repeated previous periods during which the posted worker is not replacing another post was filled by the same or another (posted) worker.ed worker, apart in case of illness or resignation;
Amendment 231 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point e a (new)
Article 3 – paragraph 2 – subparagraph 2 – point e a (new)
(e a) the posted worker is not replacing a striking worker.
Amendment 237 #
2012/0061(COD)
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1 a Relationship with Union law 1. This Directive and Directive 96/71/EC apply without prejudice to more favourable treatment of workers provided for in other Union law instruments. 2. In case of conflict between this Directive and Directive 96/71/EC on the one hand and Directive 2008/14/EC on temporary agency work on the other hand, priority shall be given to the instrument which guarantees the worker the most favourable treatment with regard to terms and conditions of employment.
Amendment 239 #
2012/0061(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘'competent authority’' means an authority body designated by a Member State to perform functions under this Directive, including social partners;
Amendment 244 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4 a. Member States shall ensure that, if two or more foreign service providers post workers in a workplace with more than 25 employees, a temporary body for information and consultation is created. That body, composed by representatives from the managements of the main contractor and of the service providers and from the workers organisations, will ensure the enforcement of the posted workers' rights of information and consultation.
Amendment 250 #
2012/0061(COD)
Proposal for a directive
Article 3 – title
Article 3 – title
Amendment 252 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
1. For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall tmake into accountan overall assessment of all factual elements characterising the activities carried out by an undertaking in the Member State in which it is established and, where necessary, in the Member State to which the posting takes place, in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities. Such elements may include in the Member State of establishment or the employment of staff only in the Member State to which the posting takes place. All the following conditions shall apply. The Member State of establishment is:
Amendment 269 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) the place where the undertaking has its registered office and administration, uses office space, pays taxes, has a professional licence or is registered with the chambers of commerce or professional bodies,performs its substantial business activity, in general and in the sector where the posted worker is employed;
Amendment 277 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point b
Article 3 – paragraph 1 – subparagraph 1 – point b
(b) the place where posted workers are recruited,the undertaking pays social security contributions;
Amendment 282 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point c
Article 3 – paragraph 1 – subparagraph 1 – point c
(c) the law applicable to the contracts concluded by the undertaking with its workers, on the one hand, and with its clients, on the other hand,place where the enterprise generates al least 25% of its turnover;
Amendment 283 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point c
Article 3 – paragraph 1 – subparagraph 1 – point c
(c) the law applicable to the contracts concluded by the undertaking with its workers, on the one hand, and with its clientsproportion of staff working in the Member State of establishment, on the one hand, and the place where the majority of contracts with clients are carried out, on the other hand,
Amendment 286 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point d
Article 3 – paragraph 1 – subparagraph 1 – point d
(d) the place where the undertaking performs its substantial business activity and where it employs administrative staff,posted workers are recruited and usually employed;
Amendment 296 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point e
Article 3 – paragraph 1 – subparagraph 1 – point e
(e) the abnormally limited number of contracts performed and/or size of turnover realised in the Member State of establishmentplace where the enterprise employs administrative staff.
Amendment 300 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – introductory part
Article 12 – paragraph 1 – subparagraph 1 – introductory part
Amendment 302 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 a – introductory part (new)
Article 3 – paragraph 1 – subparagraph 1 a – introductory part (new)
Furthermore in the overall assessment at least the following elements shall be taken into consideration:
Amendment 302 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a
Article 12 – paragraph 1 – subparagraph 1 – point a
Amendment 303 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 a – point a (new)
Article 3 – paragraph 1 – subparagraph 1 a – point a (new)
(a) the place where the undertakings pays taxes,
Amendment 304 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 a - point b (new)
Article 3 – paragraph 1 – subparagraph 1 a - point b (new)
(b) the proportion of staff working in the Member State of establishment,
Amendment 305 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 a - point c (new)
Article 3 – paragraph 1 – subparagraph 1 a - point c (new)
(c) the place where the majority of contracts with clients is carried out,
Amendment 305 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b
Article 12 – paragraph 1 – subparagraph 1 – point b
Amendment 306 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 a - point d (new)
Article 3 – paragraph 1 – subparagraph 1 a - point d (new)
(d) the abnormally limited number of contracts performed and/or size of turnover realised in the Member State of establishment.
Amendment 308 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 311 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2 –
Article 3 – paragraph 1 – subparagraph 2 –
The assessment of these elements shall be adapted to each specific case and take account of the nature of the activities carried out by the undertaking in the Member State in which it is established.
Amendment 312 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2 a (new)
Article 3 – paragraph 1 – subparagraph 2 a (new)
If a subcontractor fails to prove that it performs genuine substantial activities within the meaning of this article in its Member State of establishment, its posted workers shall be presumed to be employed by the contracting undertaking with application of all statutory and collectively agreed rights and obligations in the host Member State.
Amendment 312 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 319 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Member States may, in conformity with Union law, provide for more stringent liability rules under national law on a non-discriminatory and proportionate basis in regard to the scope and range of subcontractor liability. Member States may also, in conformity with Union law, provide for such liability in sectors other than those contained in the Annex to Directive 96/71/EC. Member States may in these cases provide that a contractor that has undertaken due diligence as defined by national law shall not be liableThis shall not in any way preclude the application of more stringent liability rules at a national level.
Amendment 322 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 - introductory part
Article 3 – paragraph 2 – subparagraph 2 - introductory part
Amendment 339 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2– point b
Article 3 – paragraph 2 – subparagraph 2– point b
(b) the posting takes place to a Member State other than the one in or from which the posted worker habitually carries out his or her work according to Regulation (EC) No 593/2008 and/or the Rome Convention;
Amendment 340 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point b a (new)
Article 3 – paragraph 2 – subparagraph 2 – point b a (new)
(b a) an employment relationship exists with the worker in accordance with the legislation of the Member State of establishment for at least three months prior to the posting;
Amendment 343 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point b b (new)
Article 3 – paragraph 2 – subparagraph 2 – point b b (new)
(b b) the posting takes place from the Member State in which the worker habitually carries out his or her work and the employment relationship has not just been entered into for the posting;
Amendment 347 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point c
Article 3 – paragraph 2 – subparagraph 2 – point c
(c) the posted worker returns or is expected to resume working tofor the Member State from which he/she issame employer in his habitual place of employment outside the Member State of posteding after completion of the work or the provision of services for which he or she was posted;
Amendment 357 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point d
Article 3 – paragraph 2 – subparagraph 2 – point d
(d) travel, board and lodging/accommodation is provided or reimbursed by the employer who posts the worker, and if so, how this is done; as well as;
Amendment 362 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point e
Article 3 – paragraph 2 – subparagraph 2 – point e
Amendment 370 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 a – introductory part (new)
Article 3 – paragraph 2 – subparagraph 2 a – introductory part (new)
Furthermore in the overall assessment at least the following elements shall be taken into consideration:
Amendment 371 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 a – point a (new)
Article 3 – paragraph 2 – subparagraph 2 a – point a (new)
(a) the time spent by the worker on posting compared to the length of employment in the habitual place of work;
Amendment 372 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 a - point b (new)
Article 3 – paragraph 2 – subparagraph 2 a - point b (new)
(b) how travel, board and lodging/accommodation is provided or reimbursed by the employer who posts the worker.
Amendment 382 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3
Article 3 – paragraph 2 – subparagraph 3
Amendment 392 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. When verifying a self-employment status in the host Member State the following criteria shall be taken into consideration in particular: (a) Remuneration and the existence of a link of subordination between a worker and an undertaking; (b) Employment activities before moving to the host Member State; (c) Fulfilment of business requirements in the Member State of establishment and means to continue the business after the return to the Member State of establishment. (d) Maintenance of an office in the Member State of establishment; (e) Payment of taxes in the Member State of establishment; (f) Possession of a VAT number in the Member State of establishment; (g) Registration with chambers of commerce or professional bodies in the Member State of establishment; (h) Entrepreneurial skills.
Amendment 397 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
2b. Member States shall ensure that travel, board and lodging/accommodation are organized and paid for by the employer or that the reimbursement of these costs is guaranteed. In the latter case the employer shall clearly state in the contract with the posted worker how this will take place. Wages shall be paid by the employer via bank transfer to an account in the name of the posted worker. The posted worker shall benefit from adequate accommodation, pursuant to national legislation and practice that ensures a decent standard of living for the duration of posting. These provisions shall be without prejudice to the possibility for posted workers to freely choose their own accommodation. The posted worker shall be given a rental contract or equivalent document in which the conditions and cost of the accommodation are clearly stated for the duration of posting. If the posted worker is required to pay rent for such accommodation, its cost shall not be excessive in relation to their net remuneration nor to the quality of the accommodation and it shall not be automatically deducted from their wage.
Amendment 403 #
2012/0061(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Amendment 404 #
2012/0061(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3a Prevention of misuse and circumvention 1. Member States shall take appropriate measures with a view to preventing the misuse and/or circumvention of this Article for the purpose of depriving workers of their rights or withholding such rights. In particular: (a) repeated periods during which the post is filled by the same or another posted worker shall be prevented; (b) posted workers shall not be used to replace workers who are on strike; (c) the posting period shall be limited to a maximum of 6 months. Only with the agreement of the social partners of the Member State to which the posting takes place, the posting period can be longer, but cannot in any case exceed 1 year. 2. In order to prevent the systematic abuse of the common rules for access to the international road haulage market, as given by Regulation 1072/2009/EC, especially concerning cabotage, a driver in a vehicle used for international freight transport and in cabotage according to Article 8 of Regulation 1072/2009/EC, shall be covered by the provisions of Article 3; 3. Natural and legal persons, who repeatedly seriously violate the provisions of Directive 96/71/EC and this Directive, will be centrally recorded at national and Union level. 4. A European Labour Inspection shall be set up to enhance cooperation between national Labour Inspections and to inspect, in cooperation with national authorities, working places with cross- borders issues;
Amendment 406 #
2012/0061(COD)
Proposal for a directive
Article 3 b (new)
Article 3 b (new)
Article 3b Applicable law 1. Where it is not established that an undertaking performs genuine substantial activity in the Member State of establishment in accordance with Article 3.1, the undertaking shall be considered to be established in the Member State where it provides the service. 2. Where it is not established that a posted worker is temporarily carrying out work in a Member State other than the one in which he normally works in accordance with Article 3.2, the habitual place of employment, and thus the applicable terms and conditions of employment, shall be those of the Member State where the service is provided. 3. Terms and conditions of employment, as provided for in the national laws and collective agreements of the Member State of establishment and/or the Member State where the service is provided, which are more favourable to workers shall apply. 4. In the event of absence, lack or incompletion of documents such as the ones referred to in Article 3 of Directive 91/533 or the A1 certificate concerning the social security legislation, as stipulated for posted workers by Regulation 883/2004 and implementing Regulation 987/2009, the situation should not be characterised as one of 'temporarily posting' to another Member State, and thus the applicable terms and conditions of employment, shall be those of the Member State where the service is provided.
Amendment 413 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the appropriate measures to ensure that the information on the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC which are to be applied and complied with by service providers are made generally available in a clearfree of charge in a clear, transparent, comprehensive and easily accessible way at a distance and by electronic means, in formats and by web standards that ensure access to persons with disabilities and to ensure that the liaison offices or the other competent national bodies referred to in Article 4 of Directive 96/71/EC are in a position to carry out their tasks effectively.
Amendment 421 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) indicate clearly, in a detailed and user friendly manner and accessible format on national websites and other means which terms and conditions of employment and/or which parts of their (national and/or regional) legislation have to be applied to workers posted to their territory;
Amendment 424 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) take the necessary measures to make generally available on internet sitewebsites and by other means information on which collective agreements are applicable (and to whom), and which terms and conditions of employment have to be applied by service providers from other Member States in accordance with Directive 96/71/EC, whereby, where possible, links to existing internet sites and other contact points, in particular the relevant social partners, shall be provided;
Amendment 429 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) make the information available to workers and service providers in languages other than the national language(s) of the country in which the services are providedthe requested official EU language, if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities; further detailed information on labour and social conditions including occupational health and safety shall be easily made available by different means of communication including contact points;
Amendment 448 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Where, in accordance with national law, traditions and practices and with full respect for the autonomy of the social partners, the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC are laid down in collective agreements in accordance with aArticle 3 paragraph 1 and 8 of that Directive, Member States should ensure that the social partners shall identify these and make available the relevant information, in particular concerning the different minimum rates of pay and their constituent elements, the method used to calculate the remuneration due and the qualifying criteria for classification in the different wage categories, , available in an accessible and transparent way for service providers from other Member States and posted workers. Terms and conditions of employment should be available in an accessible and transparent way.
Amendment 454 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Commission and Member States shall ensure adequate support for joint initiatives of the relevant social partners at the European and national level aimed to inform undertakings and workers on the applicable terms and conditions laid down in this Directive and Directive 96/71/EC.
Amendment 458 #
2012/0061(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Workers' access to information and advice 1. Posted workers shall have an independent right to information and advice on the applicable terms and conditions of work and employment provided by the receiving Member State in the desired official EU language. 2. Member States shall ensure that suitable contact points and bodies are available to which workers can turn for information, advice and support concerning their rights. This applies both to the receiving Member States and the sending Member States. 3. In case a Member State gives this task to a third party adequate funding must be ensured.
Amendment 461 #
2012/0061(COD)
Proposal for a directive
Article 5 b (new)
Article 5 b (new)
Amendment 465 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The cooperation of the Member States shall in particular consist in replying to reasoned requests for information without delay and to carry out checks, inspections and investigations from competent authorities with respect to the situations of posting referred to in Article 1 (3) of Directive 96/71/EC and relevant articles in this Directive, including investigation of any abuses of applicable rules on the posting of workers or possible cases of unlawful transnational activities.
Amendment 474 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. In the event of difficulty in meeting a request for information or in carrying out checks, inspections or investigations, the Member State in question shall rapidly inform the requesting Member State with a view to finding a solution as quickly as possible. Any permanent refusal to provide the requested data shall be considered an infringement to the EU law, as defined in TFEU Articles 258 and following.
Amendment 480 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 5 – subparagraph 1 a (new)
Article 6 – paragraph 5 – subparagraph 1 a (new)
Cases in which Member States refuse to provide requested information shall be recorded by the Commission, including the responsible authorities involved.
Amendment 485 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 5 – subparagraph 2 a (new)
Article 6 – paragraph 5 – subparagraph 2 a (new)
This Article shall not preclude competent authorities in the host Member State from taking immediate measures to investigate, prevent and sanction social fraud.
Amendment 496 #
Amendment 502 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 504 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 507 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 513 #
2012/0061(COD)
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Amendment 518 #
2012/0061(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. The competent authorities in the host Member State shall record the relevant data with regard to Article 9, paragraph 1 (a). The competent authorities in the Member State of establishment shall record the relevant data with regard to Article 3, paragraph 1 and with regard to the payment of social security contributions and taxes by the service provider. The competent authorities in the host Member State and in the Member State of establishment shall both forward their data to the European Commission (Eurostat) for summaries and regular public reporting.
Amendment 533 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States may only impose the followingshall impose administrative requirements and effective control measures. These measures shall include in particular:
Amendment 553 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a a (new)
Article 9 – paragraph 1 – point a a (new)
(aa) an obligation for the service provider to inform the responsible national competent authorities without delay: - in case the posting does not or has not taken place or was terminated ahead of schedule; - in case the service justifying the posting is interrupted; - in case the posted worker has been assigned by his employer to another undertaking, in particular in the event of a merger or a transfer of undertaking; - in case of any other changes related to the information provided according to Article 9.1 (a);
Amendment 555 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) an obligation to keep or make available documents and/or retain copies in paper or electronic form for the competent authorities and the trade unions, at the place where the service is provided, during the period of service provision and up to two years after the period of service provision. This obligation concerns the following documents in particular: - a copy of the A1 form as proof of social security coverage in the home member state, - of the employment contract (or an equivalent document within the meaning of Directive 91/533, including, where appropriate or relevant, the additional information referred to in Article 4 of that Directive), - payslips, - time-sheets and, - proof of payment of wages or copies of equivalent documents during the period of posting, - an assessment of the risks to safety and health at work, including protective measures to be taken, in accordance with Directive 89/391/EC, - where the posted worker is a third country national, copies of the work permit and of the residence permit. The documents shall be kept in an accessible and clearly identified place in itsthe territory of the host Member State, such as the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;
Amendment 568 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) a translation ofin the documents referred to under (b), may be justified providedrequested official EU languages of these documents are not excessively long and standardised forms are generally used for such documentsferred to under (b);
Amendment 578 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c a (new)
Article 9 – paragraph 1 – point c a (new)
(ca) The Member State to which the posting takes place may require that the documents referred to under (b) and any additional mandatory documents are made available without delay to the competent national authorities.
Amendment 587 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) an obligation to designate a contact personlegal representative with a residence in the Member State to which the posting takes place, during the period of posting and up to one year after the service provision to deal with administrative and judicial proceedings and to negotiate, if necessary, on behalf of the employer with the relevant social partners in the Member State to which the posting takes place, in accordance with national legislation and practice, during the period in which the services are provided.
Amendment 597 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(da) other administrative requirements and control measures without which competent authorities cannot carry out their supervisory tasks effectively. These requirements shall be made publicly available.
Amendment 604 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure that the procedures and formalities relating to the posting of workers can be completed easily by undertakings, at a distance and by electronic means as far as possible.
Amendment 612 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Within three years after the date referred to in Article 20, the necessityeffectiveness and appropriateness of the application of national control measures shall be reviewed in the light of the experiences with and effectiveness of the system for cooperation and exchange of information, the development of more uniform, standardised documents, the establishment of common principles or standards for inspections in the field of the posting of workers as well as technological developments, with a view to proposing, where appropriate, any necessary amendments or modifications.
Amendment 615 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. The Member State of establishment and the Member State to which the posting takes place have both the competence to check the regularity of labour relations and working conditions. In cases of conflicting interpretations the law of the Member State to which the posting takes place prevails.
Amendment 619 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that appropriateffective checks and monitoring mechanisms are put in place and that effective and adequate inspections are carried out on their territory in order to control and monitor compliance with the provisions and rules laid down in this Directive and Directive 96/71/EC and to guarantee its proper application and enforcement. Such inspections shall be based primarily on a risk assessment to be drawn up regularly by the competent authorities. The risk assessment shall identify the sectors of activity in which the employment of workers posted for the provision of services is concentrated on their territory. When making such risk assessment the realisation of big infrastructural projects, the special problems and needs of specific sectors, the past record of infringement, as well as the vulnerability of certain groups of workers shall be taken into account.
Amendment 637 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that inspections and controls of compliance with this Directive and Directive 96/71/EC are not discriminatory and/or disproportionate shall allocate the necessary resources for such inspections and controls.
Amendment 644 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Measures to control the application of Directive 96/71 and to detect abuses in relation to the posting of workers are to be considered public policy provisions in the meaning of Declaration No 10 on Article 3 (10) of Directive 96/71, recorded in the minutes of the Council of the European Union when Directive 96/71 was adopted. Provisions of Member States to fight undeclared labour and to prevent social dumping cannot be restricted on grounds of potentially hampering the freedom to provide services as long as they are not protectionist or discriminatory.
Amendment 652 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. In Member States where, in accordance with national law and practice, the setting of the terms and conditions of employment of posted workers referred to in Article 3 of Directive 96/71/EC, and in particular the minimum rates of pay, including working time, is left to management and labour they may, at the appropriate level and subject to the conditions laid down by the Member States, also the monitor the application of the relevant terms and conditions of employment of posted workers, provided that an adequate level of protection equivalent to that resulting from Directive 96/71/EC and this Directive is guaranteed.
Amendment 662 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. For the enforcement of the obligations under Article 6 of Directive 96/71/EC and this Directivethis Directive and Directive 96/71/EC, Member States shall ensure that there are effective mechanisms for posted workers to lodge complaints against their employers directly, as well as the right to institute judicial or administrative proceedings, also in the Member State in whose territory the workers are or were posted, where such workers consider they have sustained loss or damage as a result of a failure to apply the applicable rules, even after the relationship in which the failure is alleged to have occurred has ended.
Amendment 664 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall ensure that trade unions and other third parties, such as associations, organisations and other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive and Directive 96/71/EC are complied with, may engage, on behalf or in support of the posted workers or their employer, with their approval in any judicial or administrative proceedings provided for with the objective of implementing this Directive and Directive 96/71/EC and/or enforcing the obligations under this Directive and Directive 96/71/EC. Trade unions shall have the right of collective action in order to ensure compliance with the requirements of this Directive and Directive 96/71/EC and the possibility of taking representative action on behalf of posted workers.
Amendment 675 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Paragraphs 1 and 3 shall apply without prejudice to national rules on prescription deadlines or time limits for bringing similar actions and to national rules of procedure concerning representation and defence before the courts. However, a minimum period of at least six months for filing a claim shall be provided for under national rules of procedure.
Amendment 677 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – introductory part
Article 11 – paragraph 5 – subparagraph 1 – introductory part
Member States shall ensure that the necessary mechanisms are in place to ensure that posted workers are able to receiveor bodies acting on their behalf are able to claim and receive any due entitlements.
Amendment 680 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point a
Article 11 – paragraph 5 – subparagraph 1 – point a
Amendment 686 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b
Article 11 – paragraph 5 – subparagraph 1 – point b
Amendment 692 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 2
Article 11 – paragraph 5 – subparagraph 2
This paragraph shall also apply in cases where the posted workers have returned from the Member State to which the posting took place and also in the case of bogus self-employment.
Amendment 697 #
2012/0061(COD)
Proposal for a directive
Article 12
Article 12
Amendment 700 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 701 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Amendment 718 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a
Article 12 – paragraph 1 – subparagraph 1 – point a
Amendment 736 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 744 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 755 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 764 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 770 #
2012/0061(COD)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Subcontracting and liability 1. Each Member State shall take the necessary measures to ensure that an undertaking which appoints a subcontractor to provide services is liable, in addition to and/or in place of that subcontractor, for obligations of that subcontractor and any other intermediate. 2. This shall not in any way preclude the application of already existing more stringent rules at national level nor the introduction of those. 3. Member States may limit vertical subcontracting to three levels provided that the limitation is not discriminatory.
Amendment 774 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
2. The requesting authority may, in accordance with the laws, regulations and administrative practices in force in its own Member State, request the competent authority in another Member State to recover a penalty or fine, fine or retroactive social security contributions or notify a decision imposing a penalty or, a fine, in so far as the relevant laws, regulations and administrative practices in force in the requested authority's Member State allow such action for similar claims or decis or retroactive social security contributions.
Amendment 781 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Amendment 783 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3
Article 13 – paragraph 2 – subparagraph 3
Amendment 788 #
2012/0061(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. If it emerges that the service provider is indeed not established in the Member State of alleged establishment or the address or company data are false, the competent authorities shall not terminate the process on formal grounds but further investigate the matter in order to establish the identity of the natural or legal person responsible for the posting.
Amendment 791 #
2012/0061(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. For the purpose of recovery of a penalty or fine or notification of a decision imposing a penalty or fine in the requested Member State, any fine or penalty, fine or retroactive payment of social security contributions or notification of a decision imposing a penalty, fine or retroactive payment of social security contributions in the requested Member State, any fine, penalty or retroactive payment of social security contributions in respect of which a request for recovery or notification has been made shall be treated as if it were a fine or penalty of the requested Member State.
Amendment 794 #
2012/0061(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
3. The requested authority shall promptly inform the requesting authority of the action taken on its request for information, notification or recovery and, more specifically, of the date on which the instrument or decision was forwarded or notified to the addressee. The same shall apply if there are substantial obstacles to the request being successfully processed.
Amendment 802 #
2012/0061(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
1. If, in the course of the recovery or notification procedure, the fine, penalty and/or underlying claim is contested in the requesting Member State by the service provider concerned or an interested partyin compliance with the regulations applicable for contestation,, the cross-border enforcement procedure of the fine or penalty imposed shall be suspended pending the decision of the appropriate national authority in the matter.
Amendment 812 #
2012/0061(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The administrative cooperation and mutual assistance between the competent authorities of the Member States provided for in Articles 6, 7, 10(3), 13, 14 and 15 shall be implemented through the Internal Market Information System (IMI), established by [reference to IMI Regulation]89 or by other established methods of cooperation on which the Member States agree on a case-by-case basis or by means of bilateral agreements.
Amendment 819 #
2012/0061(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States may continue to apply bilateral arrangements or conclude new bilateral agreements concerning administrative cooperation between their competent authorities as regards the application and monitoring of the terms and conditions of employment applicable to posted workers referred to in Article 3 of Directive 96/71/EC, in so far as these arrangements do not adversely affect the rights and obligations of the workers and companies concerned.
Amendment 821 #
2012/0061(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 825 #
2012/0061(COD)
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19a Clause of non-regression - More favourable provisions 1. This Directive and Directive 96/71/EC are without prejudice to the Member States' right to apply or introduce legislative, regulatory or administrative provisions which are more favourable to workers or to promote or permit collective agreements concluded between the social partners which are more favourable to workers. 2. The implementation of this Directive shall under no circumstances constitute sufficient grounds for justifying a reduction in the general level of protection of workers in the fields covered by this Directive and Directive 96/71/EC. This is without prejudice to the rights of Member States and/or management and labour to lay down, in the light of changing circumstances, different legislative, regulatory or contractual arrangements to those prevailing at the time of the adoption of this Directive, provided that the minimum requirements laid down in this Directive are respected.
Amendment 833 #
2012/0061(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
No later than 5 years after the expiry of the deadline for transposition, the Commission shall report to the European Parliament, the Council and, the European Economic and Social Committee and the Committee of the Regions on the implementation of this Directive, making appropriate proposals where necessary.
Amendment 27 #
2012/0060(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
Amendment 48 #
2012/0060(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Regulation does not affect the freedom of Member States to define, in conformity with Union law, what they consider to be services of general economic interest, how this services should be organised and financed, in compliance with the State aid rules, and what specific obligations they should be subject to. Equally, this Regulation does not affect the decision of public authorities whether, how and to what extent they want to perform public functions themselves pursuant to Protocol N. 26 on Services of General Interest and Article 14 TFEU. This shall also apply to European Union's policies towards third countries.
Amendment 67 #
2012/0060(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Empowerment of contracting authorities/entities to excludexclusion of tenders comprising non- covered goods and services
Amendment 70 #
2012/0060(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Upon request of cContracting authorities/entities the Commission shall assess whether to approve, for contracts with an estimated value equal or above EUR 5.000.000 exclusive of value-added tax (VAT) the exclusionmay exclude from procedures for the award of contracts tenders comprising goods or services originating outside the Union, if the value of the non- covered goods or services exceeds 50 % of the total value of the goods or services constituting the tender, under the following conditions.
Amendment 71 #
2012/0060(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a (new)
Article 6 – paragraph 1 – point a (new)
(a) For contracts with an estimated value equal or above EUR 5.000.000 exclusive of value-added tax (VAT) the Commission shall assess whether to approve the exclusion from procedures for the award of contracts tenders comprising goods or services originating outside the Union, if the value of the non-covered goods or services exceeds 50% of the total value of the goods or services constituting the tender, under the following conditions.
Amendment 72 #
2012/0060(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States shall ensure that economic operators performing a public contract comply with applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements and by the international environmental, social and labour law provisions listed in Annex XI of procurement directive, included ILO 94.
Amendment 88 #
2012/0060(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 – point a a (new)
Article 6 – paragraph 4 – subparagraph 1 – point a a (new)
(aa) where it can demonstrate by any appropriate means violations of applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements and by the international environmental, social and labour law provisions listed in Annex XI of procurement directives included ILO 94.
Amendment 91 #
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 measures leading to a lack of substantial reciprocity in market opening between the Union and the third country concerned, notably where those restrictive measures are detrimental to the EU economic interest, such as its industry.
Amendment 102 #
2012/0060(COD)
Proposal for a regulation
Article 6 – paragraph 5 – point b a (new)
Article 6 – paragraph 5 – point b a (new)
(ba) When assessing whether there is evidence of serious and repeated violations in the field of fundamental workers' rights, in the fields social and labour law established by Union law, national law, collective agreements and by the international environmental, social and labour law provisions listed in Annex XI of procurement directive included ILO 94, the Commission shall examine the following: (i) to what degree laws and practices in the country concerned ensure the respect of in the field of fundamental workers' rights in the fields social and labour law established by Union law, national law, collective agreements and by the international environmental, social and labour law provisions listed in Annex XI of procurement directive included ILO 94; (ii) to what degree public authorities and/or individual procuring entities maintain or adopt social dumping practices on the concerned goods and services.
Amendment 109 #
2012/0060(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 124 #
2012/0060(COD)
Proposal for a regulation
Article 20 – title
Article 20 – title
Repealslationships with Directive 2004/17/EC
Amendment 127 #
2012/0060(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Amendment 84 #
2012/0027(COD)
Proposal for a regulation
Article 53 - paragraph 2 a (new)
Article 53 - paragraph 2 a (new)
Amendment 71 #
2011/2181(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers that initiatives on corporate governance should go hand in hand with the initiatives on corporate social responsibility proposed by the Commission;
Amendment 57 #
2011/2147(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls, when public contracts are awarded, for safety levels and accident prevention practices to be taken more fully into account;
Amendment 68 #
2011/2147(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Believes that a genuinely effective accident prevention policy has to start at the planning stage so as to ensure that the greater safety resulting from innovation will extend to both the product and the entire production process; calls on the Commission and the Member States, therefore, to support and encourage research in this field;
Amendment 69 #
2011/2147(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Believes that further research is needed in order to determine the health effects of given occupations, including in the long term, in order – wherever possible – to avert cases in which the onset of disease occurs after the end of working life;
Amendment 110 #
2011/2147(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission to compile and supply statistics showing the extent of the reduction in accident rates brought about by research focusing on prevention with its starting point at the planning stage;
Amendment 123 #
2011/2147(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Considers that all workers need specific health and safety training, in particular temporary and part-time workers and those contracted out;
Amendment 137 #
2011/2147(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Considers corporate social responsibility to be an important and effective way of bringing about safer working conditions and a better working environment and therefore believes that it should be encouraged, possibly going beyond voluntary application;
Amendment 159 #
2011/2147(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Believes that company-level risk assessment should be carried out at regular intervals and gradually adjusted to take account of new circumstances and emerging risks;
Amendment 196 #
2011/2147(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Believes that greater attention should be brought to bear specifically with a view to making jobs accessible to, and safe for, workers with disabilities;
Amendment 229 #
2011/2147(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Considers that rehabilitation and reinstatement after illness or an accident are essential and should therefore be encouraged;
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 178 #
2011/2069(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Regards it as important for the European Union to designate a ‘European Capital of Rights’ from among Member State cities each year in order to highlight the role cities can play in promoting fundamental rights and civil rights, including minority rights; believes that this would help to establish shared values such as human dignity, freedom, democracy, equality, the rule of law and human rights as the foundation for a society based on pluralism, tolerance, solidarity and gender equality;
Amendment 82 #
2011/2067(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that the employment rate is closely linked to economic performance; strongly recommends that the Member States follow the guidelines for employment policies together with broad economic policy guidelinbring broad economic policy guidelines into line with the guidelines for employment policies;
Amendment 120 #
2011/2067(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that national flexicurity arrangements must be strengthened and adapted toreviewed in order to strengthen them in the new socio- economic contexts of each individual Member State, in accordance with its specific needs, in order to ensure that a flexible and active labour market, is built on the basis f efficient training and secure social security systems; warns against one- size- fits-all solutions;
Amendment 127 #
2011/2067(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 158 #
2011/2067(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Considers it essential to substantially boost investment in education, research and innovation, and accordingly takes the view that, in order to encourage Member States to move in this direction, special consideration should be given to public spending on education, research and innovation when Member States' medium-term budget objectives are assessed;
Amendment 169 #
2011/2067(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets that the number of early school-leavers still remains high; calls on the Member States to implement policies to prevent early school leaving, to remove all financial and social barriers to remaining in the education system and to offer learning and training alternatives to students with learning difficulties;
Amendment 197 #
2011/2067(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Encourages Member States to implement a dual system of education/training in order to introduce young people to the labour market from the earliest stage; furthermore, calls on relevant stakeholders to ensure that traineeships and apprenticeships lead to the are fairly paid and lead to the acquisition of real skills and the provision of new jobs;
Amendment 255 #
2011/2067(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Strongly condemns undeclared work which endangers both society and workers; calls on the Member States to carry out regular checks and to initiate information campaigns in order to raise awareness of long-term disadvantages for workers employed in the black economy; draws attention to the alarming spread of ‘bogus self-employment’, which provides a means of circumventing the basic safeguards protecting many employees, a large number of whom are young and well- qualified;
Amendment 268 #
2011/2067(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Considers that more efficient use of EU funds should go hand-in-hand with a suitable increase in funds, with budget resources being earmarked for action in pursuit of the ambitious employment targets;
Amendment 280 #
2011/2067(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that flexicurity policies are put at the centre of the Agenda, and shares the Commission’s assessment that the crisis has put national flexicurity arrangements to a serious test, in particular where far- reaching external flexibility measures have been introduced in the labour market but there has been no corresponding strengthening of social security systems;
Amendment 282 #
2011/2067(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Considers that collective bargaining plays a fundamental role in protecting and bolstering workers' rights and that it should be safeguarded and used more widely;
Amendment 327 #
2011/2067(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Emphasises the importance of tackling youth unemployment as a matter of priority; calls on the Commission and Member States to continue their efforts to foster youth integration in the labour market, including the provision of incentives for young people and employers; underlines in this context the crucial importance of facilitating the transition from school to work, as well as skills anticipation, upgrading and matchingproviding opportunities to acquire real skills and update them whenever necessary, in line with constantly changing labour market requirements;
Amendment 332 #
2011/2067(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Stresses that pay rises do not keep pace with productivity gains in many Member States, and is extremely concerned at the growing number of ‘working poor’, who, although earning a wage, remain below the poverty line, and believes that resolute action should be taken to remedy this situation;
Amendment 344 #
2011/2067(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Considers that greater involvement of women in the labour market should be fostered by means of targeted welfare policies focusing on childcare and family support that ensure genuinely equal opportunities;
Amendment 59 #
2011/2052(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas any stringent budgetary policy needs to be intelligent, with scope for contracyclical investment in major policy priorities,
Amendment L #
2011/2052(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Supports the creation of decent jobs through vocationalConsiders that a full and effective way out of poverty can only be found if the appropriate strengthening of social protection instruments is accompanied by significant reinforcement of education and training paths at every level; supports the development of more inclusive education systems to tackle the problem of students dropping out and enable young people from disadvantaged social groups to reach a higher level of education, with a view to countering the intergenerational transmission of poverty; supports access to validation of acquired experience and life-long training, and the provision of personalised job-seeking assistance, in particular for disadvantaged groups; s a means of reducing poverty by securing access to employment, in particular for disadvantaged groups, to help them to access decent jobs; regards it as essential, therefore, for life-long learning programmes to be implemented properly and developed, and for Member States to cooperate in the fields of education and vocational training and personalised job-seeking assistance, and stresses that more measures of this kind must be taken to assist the most vulnerable sectors of the population; recommends the development of an EU strategy to tackle in-work poverty and create quality jobs, agreeing principles for quality work;
Amendment 137 #
2011/2052(INI)
Motion for a resolution
Recital P b (new)
Recital P b (new)
Pb. whereas the inability of people living in poverty to make use of basic banking services, such as withdrawals, transfers or standing orders, is a considerable obstacle to their re-entry to the labour market and reintegration into society,
Amendment 208 #
2011/2052(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Draws attention to the three component strands of the European strategy for the active inclusion of people excluded from the labour market set out in the Commission’s 2008 recommendation, namely: -sufficient income support: Member States should recognise the individual’s basic right to adequate resources and social assistance as part of a comprehensive and consistent drive to combat social exclusion; -inclusive labour markets: the Member States should provide persons whose condition renders them fit for work with effective help to enter or re-enter, and stay in, employment that corresponds to their work capacity; -access to quality services: the Member States should ensure those concerned receive appropriate social support to facilitate their economic and social inclusion;
Amendment 219 #
2011/2052(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Supports the creation of decent jobs through vocational training and the provision of personalised job-seeking assistance, in particular for disadvantaged groups; access to validation of acquired experience and life-long training, in particular for disadvantaged groups, to help them to access decent jobs; regards it as essential, therefore, for life- long learning programmes to be implemented properly and developed, and for Member States to cooperate in the fields of education and vocational training;
Amendment 231 #
2011/2052(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers that a full and effective way out of poverty can only be found if the appropriate strengthening of social protection instruments is accompanied by significant reinforcement of education and training paths at every level;
Amendment 240 #
2011/2052(INI)
Motion for a resolution
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. Supports the development of more inclusive education systems to tackle the problem of students dropping out and enable young people from disadvantaged social groups to reach a higher level of education, with a view to countering the intergenerational transmission of poverty;
Amendment 279 #
2011/2052(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Emphasises that the European Social Fund remains the main instrument specifically intended to ensure social inclusion and considers that it must be strengthened in order to meet effectively the ambitious aims set in the EU 2020 Strategy and in the Platform against poverty;
Amendment 308 #
2011/2052(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls for the establishment of wage equality between men and women and for equal treatment of EU workers and third- country nationals;
Amendment 320 #
2011/2052(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Agrees with the Commission that importance should be attached to promoting corporate social responsibility in the context of the combating of poverty and social exclusion, and calls on it to weigh up the possibility of adopting legislative measures in that respect;
Amendment 381 #
2011/2052(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Calls on the Commission to assess the role of high indebtedness in poverty and to promote an exchange of best practice within the Platform on the means to tackle high indebtedness;
Amendment 11 #
2011/2048(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises that public procurement rules need to be simplified and made more flexible so that public service obligations can be fulfilled; insists that the amendment of procurement rules must remain neutral as regards private versus public ownership in accordance with Article 345 of the TFEU;
Amendment 19 #
2011/2048(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recognises the importance of decent work principles being respected in public procurement within the EU and calls on the EU Commission to include reference to a wide range of ILO Labour Standards to be included in the Articles in any revision of the procurement Directives;
Amendment 21 #
2011/2048(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Notes that 11 EU Member States have ratified ILO C94 on labour clauses in public contracts and calls on the Commission to encourage ratification of this Convention by all EU Member States to mitigate the unwelcome effects of recent ECJ court cases in this respect;
Amendment 22 #
2011/2048(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls on the Commission formally to recognise other modalities for the selection of providers, such as ‘in-house’ and ‘service concession’ methods, and explicitly to accord equal value to all options for the contracting and financing of SSGI; calls for the expansion of the ‘in-house’ method to include service providers who meet specific general interest criteria;
Amendment 23 #
2011/2048(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Insists that the directive should encourage and explicitly allow contracting authorities to refer to horizontal policy objectives, such as sustainable development criteria in the subject-matters of tenders;
Amendment 24 #
2011/2048(INI)
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Considers that it should be explicitly stated in the revised Directive that “invisible” characteristics are also production characteristics and may be referred to in the technical specifications of tenders; emphasizes that whether a product or service is sustainably produced should be appropriately considered as a characteristic of the product or service being contracted, rather than an aspect of the contract performance;
Amendment 28 #
2011/2048(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that any revision of the Directives must reflect the provisions of the Lisbon Treaty, in terms of commitments to full employment, a social market economy, and the responsibilities relating to quality public services and the freedom of public authorities and Member States to decide on the financing, organisation and delivery of public services; this includes respect for the choice of public authorities to provide these services “in-house”, or through inter-municipal (public-public) co- operation, which should also be outside of the Public Procurement Directives;
Amendment 30 #
2011/2048(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Supports the normative anchoring of a practical ‘in-house’ tendering option for SSGI, based on the model of the revised Regulation 1370/2007 on public passenger transport services by rail and road, which would provide that any competent local authority may decide to provide services itself or to award public service contracts to a legally distinct entity over which the competent local authority exercises control similar to that exercised over its own department;
Amendment 32 #
2011/2048(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Considers that the existing Most Economically Advantageous Tender (MEAT) award criteria should be replaced by the Sustainably Most Advantageous Rated Tender (SMART) as a way to drive markets to supply more socially, economically, and environmentally sustainable products and services;
Amendment 33 #
2011/2048(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Considers that a maximum weighting should be set for the price criterion where public contracts are awarded on the basis of the economically most advantageous tender;
Amendment 34 #
2011/2048(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the importance of including skills and training requirements in contract specifications as a long term strategy; stresses however, that these actions must be relevant to the subject matter of the contract, be proptake into account the total life cost; calls on the Commission to put forward a proposal for a European corporate social responsibility certification system and takes the view that, once such a system has been introduced, it should be possible for contracting authoritionate, economically advantageous and take into account the total life costes to include among the selection criteria for public procurement procedures the requirement that companies must have such certification or other forms of EU quality or environmental certification (or certification from other countries recognised as equivalent by the EU);
Amendment 39 #
2011/2048(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 50 #
2011/2048(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls for redefinition of the concept of ‘most economically advantageous offer’ so as to make national and local social and quality criteria for the delivery of SSGI an obligatory requirement in procurement contracts, including subcontracts;
Amendment 61 #
2011/2048(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines the importance of ensuring high quality social services and goods when public money is spent and recognizing that contracting on the basis of lowest price will not achieve this; calls on the Commission to remove lowest price as an award criterion;
Amendment 67 #
2011/2048(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Considers that contracting authorities should be able to impose penalties for failing to deliver on sustainable development objectives in accordance with the criteria indicated in the tender, including in the case of sub-contracting;
Amendment 68 #
2011/2048(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Takes the view, furthermore, that in connection with SSGIs it should be possible for contracting authorities to reserve specific contracts for non-profit organisations which specialise in providing social services;
Amendment 71 #
2011/2048(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recognises the role the EU can play in facilitating the development of successful Public Private PartnershipsTakes the view that Public Private Partnerships do not represent a good contracting model; such partnerships have often ended disastrously to the massive cost of the taxpayer;
Amendment 76 #
2011/2048(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recognises that public procurement, if used effectively, could be a real driver to promoting quality jobs, wages and conditions, equality, developing skills, training, promoting environmental policies, and providing incentives for research and innovation;
Amendment 80 #
2011/2048(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Regrets that the Green Paper does not use the opportunity to clarify the divergent views on public procurement in relation to the posting of workers1 ; takes the view, in this connection, that the EU should lay down general legal provisions governing working conditions during the performance of contracts which apply to both contractors and sub-contractors;
Amendment 83 #
2011/2048(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to make sustainable procurement a core focus of public procurement rules by introducing a new SMART (Sustainably most advantageously rated tender) award criterion to replace most economically advantageous tender to reflect the importance of taking social and environmental considerations into account in public contracting;
Amendment 84 #
2011/2048(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls on the Commission to remove, or make considerably more flexible, the link to the subject matter of the contract to allow more effective social and environmental procurement choices, which will make public contracting more transparent;
Amendment 85 #
2011/2048(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Stresses that it is essential to ensure that all the terms – in particular those covering working conditions and environmental and quality requirements – that contractors must meet are also met by sub-contractors; considers, furthermore, that a chain of liability should be established, under which contractors are held liable for any breaches by sub- contractors, in particular in connection with working conditions, on the basis of a principle of joint and several liability between contractors and subcontractors;
Amendment 36 #
2011/2037(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Believes social and environmental responsibility to be a basic component of corporate management and considers that this should be subject to an independent check and form part of an extended role for auditors;
Amendment 77 #
2011/2037(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Believes it important and appropriate to seek out alternative sources of capitalisation for audit firms, but also considers that the measures provided for in Directive 2006/43/EC, which stipulate that auditors must hold a majority of the voting rights in an audit firm and have control of the administrative board, should be retained;
Amendment 87 #
2011/2037(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Emphasises that one of the aims of every action undertaken in the field of auditing must be to develop competition among the various companies operating in the sector, based on the actual quality, accuracy and thoroughness of audits;
Amendment 98 #
2011/2037(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers that there is a need to create, or encourage the creation of, a voluntary code of ethics for the Big Four firms, encouraging them to restrict their own growth, thereby protecting the development of medium- sized audit firms, which would ultimately also be beneficial for the survival of the major firms themselves;
Amendment 119 #
2011/2037(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls for the administrative burdens arising from auditing to be better scaled to the size of the firm, thereby allowing SMEs to conduct straightforward audit activities without their quality or credibility being undermined;
Amendment 40 #
2011/2035(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the fact that the ESF provides crucial support for employment market policies and plays an important part in boosting social inclusion; considers that, in order to be used profitably, the ESF must focus on investing in skills, lifelong training – also taking into account the new key competences related to sustainable development – and occupational redeployment, the smooth operation of the labour market, creating job opportunities, social conditions, research and innovation to facilitate the transition to a sustainable economy, with a view to promoting employability, productivity, growth, fair pay, quality of life, and employment in Europe, and, lastly, on measures to combat poverty and achieve social inclusion;
Amendment 43 #
2011/2035(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that the economic crisis has further increased the urgent need for measures in the sectors covered by the ESF, in particular to promote employment, occupational redeployment, social inclusion, and poverty reduction;
Amendment 56 #
2011/2035(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Asks the Commission to improve the visibility of ESF action and to make the ESF more accessible and capable of providing more support for integration into the job market, particularly by setting up lifelong training to help workers adapt their skills to the needchanges ofn the job market so as to promote effective, inclusive growth and a Europe where competitiveness is built on knowledge;
Amendment 69 #
2011/2035(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that better harmonisation between the various Structural Funds should be achieved and that in particular the synergies between the ESF and the ERDF should be improved; maintains, in the light of the experience acquired, that the existing rule on overlapping of the ERDF and the ESF is an eminently suitable way to simplify fund deployment, in particular for local integrated projects, and enhance synergies, and believes that this arrangement should continue to apply; calls on the Commission to strengthen the role of the ESF within the future Structural Fund architecture in order to make for better implementation of integrated measures; believes, as regards the future organisation of the Structural Funds, that the ESF should continue to be governed, within a framework common to all the Funds, by its own rules, modus operandi, and financing arrangements;
Amendment 84 #
2011/2035(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Believes that any future strategy for the use of funds will be more effective if it involves regional and local levels of governance, which are capable of gearing strategic objectives to specific territorial characteristics on the basis of structured dialogue with stakeholders as a whole, organisations that promote gender rights, social partners, non-governmental organisations, and, moreover, financial and banking institutions; maintains that when policy objectives are defined, sufficient space must be allowed for regional and local needs; considers that, to enable funds to be used more effectively, it is vitally important to secure the active involvement of the social partners through ongoing social and territorial dialogue;
Amendment 94 #
2011/2035(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to simplify procedures and reduce excessive administrative costs and the number of other obstacles to achieving the EU’s objectives for growth and job creation; calls for the development of a one-stop shop scheme to provide practical guidance, information, and advice for those concerned, so as to ensure that the public is kept properly up to date; urges that the move towards simplification along these lines be made clearly apparent to the public, the aim being to ensure that information requests do not go beyond the minimum required.
Amendment 16 #
2011/2024(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Encourages all initiatives that aim to facilitate voluntary cross-border mobility as a means to the efficient functioning of labour markets and as a means to enhance economic growth and competitiveness within the EU; recognises the need for modernisation of Directive 2005/36/EC; calls for the social partners to be involved in all stages of the process of modernising and implementing Directive 2005/36/EC;
Amendment 24 #
2011/2024(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is convinced that the number of regulated professions should gradually be reduced and the scope for automatic recognition of qualifications to new professions should be expanded with special attention also being given to innovative sectors and digital industries;
Amendment 33 #
2011/2024(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises that the issue of the recognition of professional qualifications is closely bound up with the completion of the Bologna Process to establish a single European higher education area;
Amendment 6 #
2011/2006(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned, however,Takes the view that greater harmonisation may have a negapositive impact on the EU’s and Member States’ competitiveness and, therefore, on enhance both potential employment opportunities and worker protection measures;
Amendment 9 #
2011/2006(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises that, although employment law is the responsibility of the Member States and that any debate surrounding, the establishment of common rules on insolvency must not include any reference to common rules on employment lawcould result in better EU- wide coordination in this area;
Amendment 12 #
2011/2006(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 15 #
2011/2006(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes with regretconcern the increasing number of workers affected by insolvency proceedings which can be attributed to the economic crisis, and notes that systemically-relevant cross-border financial institutions play a crucial role in this areaand considers this to be indicative of the extremely serious economic and social impact that the crisis is having;
Amendment 19 #
2011/2006(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Takes the view that Directive 2008/94/EC has met its objectiveis a useful means of ensuring a minimum degree of protection for employees in the event of insolvency, whilst maintaining adequate flexibility for Member Statesbut points out that there are still major and excessive disparities between Member States in terms of its implementation, and calls for those disparities to be removed;
Amendment 26 #
2011/2006(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 33 #
2011/2006(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Highlights the changing nature of employment contracts across the EU and the diversity of such contracts within Member States; considers it counterproductivenecessary, therefore, to seek to define ‘employee’ at European level;
Amendment 34 #
2011/2006(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Welcomes the fact that Directive 2008/94/EC explicitly includes in its scope part-time employees, employees with a fixed-term contract and employees with a temporary employment relationship, and considers that greater protection in the event of insolvency should also be afforded to employees on non-standard contracts;
Amendment 41 #
2011/2006(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Considers that the role played by guarantee institutions should be backed up by appropriate involvement of the social partners;
Amendment 20 #
2011/0901B(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) As a consequence of the progressive expansion of its jurisdiction since its creation, the number of cases before the General Court has been steadilycould increasinge over the years, resulting over time in an increase in the number of cases pending before that Court. This haswould have an impact on the duration of proceedings.
Amendment 43 #
2011/0901B(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Taking into account the likely evolution of the workload of the General Court, the number of Judges should be fixed at 56 at the end of a three-stage process, it being understood that at no point of time can there be more than two Judges sitting at the General Court appointed upon a proposal by the same Member State40.
Amendment 47 #
2011/0901B(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The appointment of additional judges should be based on their independence, impartiality and expertise, taking account of their professional and personal suitability and their knowledge of the legal systems of the European Union and of the Member States, and ensuring, furthermore, gender balance in the overall composition of the Court.
Amendment 54 #
2011/0901B(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 62 #
2011/0901B(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 84 #
2011/0901B(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Protocol No 3
Article 48
Article 48
(2) Article 48 is replaced by the following : "Article 48 The General Court shall consist of: (a) 40 Judges as from …*; (b) 47 Judges as from 1 September 2016; (c) one Judge per Member State and 12 additional Judges. There shall be no more than two Judges perfor any Member State as from 1 September 2019.". __________________ * OJ: insert "1 September 2015", or the date of entry into force of this Regulation if that date is after 1 September 2015. All Judges shall have the same status and the same rights and obligations.
Amendment 87 #
2011/0901B(COD)
Proposal for a regulation
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Protocol No 3
Article 48
Article 48
Amendment 92 #
2011/0901B(COD)
Proposal for a regulation
Article 1 – point 2 – point b
Article 1 – point 2 – point b
Protocol No 3
Article 48
Article 48
Amendment 97 #
2011/0901B(COD)
Proposal for a regulation
Article 1 – point 2 – point c
Article 1 – point 2 – point c
Protocol No 3
Article 48
Article 48
Amendment 103 #
2011/0901B(COD)
Proposal for a regulation
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Protocol No 3
Article 48 a (new)
Article 48 a (new)
(2a) The following article is inserted: “Article 48a In respect of the Judges to be appointed per Member State, the right of nomination shall lie with the government of the Member State in question.'
Amendment 104 #
2011/0901B(COD)
Proposal for a regulation
Article 1 – point 2 b (new)
Article 1 – point 2 b (new)
Protocol No 3
Article 48b (new)
Article 48b (new)
Amendment 16 #
2011/0439(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 17 #
2011/0439(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Illicit conduct by participants in a procurement procedure, such as attempts to unduly influence the decision-making process or to enter into agreements with other candidates to manipulate the outcome of the said procedure, as well as failure to respect measures in the field of environmental protection and health, working conditions and social protection, as defined in the international legislation referred to in Annex XIV of this European and national directive and/or in collective agreements applicable in the place where the service, work or supply is undertaken, can result in violations of the basic principles of Union law and in serious distortions of competition. Economic operators should therefore be required to submit a declaration on honour that they do not engage in such illicit activities and be excluded if this declaration proves to be false.
Amendment 18 #
2011/0439(COD)
Proposal for a directive
Recital 26
Recital 26
(26) In view of the detrimental effects on competition, negotiated procedures without a call for competition should only be used in very exceptional circumstances. This exception should be limited to cases where publication is either not possible, for reasons of force majeure in line with the standing case-law of the Court of Justice of the European Union, or where it is clear from the outset that publication would not trigger more competition, not least because there is objectively only one economic operator that can perform the contract. Only situations of objective exclusivity can justify the use of the negotiated procedure without a call for competition, where the situation of exclusivity has not been created by the contracting entity itself with a view to the future procurement procedure, and where there are no adequate substitutes, the availability of which should be assessed thoroughly. It is appropriate for contracting authorities that resort to a negotiated procedure without prior publication, in the cases defined in this directive, to send the supervisory body a report justifying the reason for this decision. The supervisory body’s tasks should include that of analysing and evaluating such reports.
Amendment 20 #
2011/0439(COD)
Proposal for a directive
Recital 38 bis (new)
Recital 38 bis (new)
(38a) In order to facilitate access by SMEs to the public procurement market, groups of economic operators, which could take the form of business consortiums, should also be allowed to submit a bid for a contract jointly. In this event, the contracting authorities should allow the group of economic operators to combine the individual characteristics of the group members in order to satisfy the stated financial, technical and legal requirements as a single entity.
Amendment 21 #
2011/0439(COD)
Proposal for a directive
Recital 47
Recital 47
47. Furthermore, in technical specifications and in award criteria, contracting entities should be allowed to refer to a specific production process, to elements of the life cycle or socially sustainable production process, to a specific mode of provision of services, or a specific process for any other stage of the life-cycle of a product or service, provided that they are linked to the subject-matter of the contract in question. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender characteristics related social characteristics connected with the purpose of the tender in the conditions of implementation and in the award criteria. Social characteristics may refer, for example, to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of health of the staff involved in the production process or, the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, includingthe accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment. They should be applied in accordance with Directive 96/71/EC of the European Parliament, gender equality, access to professional training in the workplace and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services1 aninvolvement of users. Any award criteria should be applied in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is party. For service contracts and contracts involving the planning of works, the contracting entities should use the organisation, qualification and experience of the staff engaged to undertake the contract in question as the awarding criteria, as these will affect the quality of the execution of the contract and, consequently, the economic value of the tender.
Amendment 22 #
2011/0439(COD)
Proposal for a directive
Recital 49
Recital 49
(49) Tenders that appear abnormally low in relation to the works, supplies or services might be based on technically, economically or legally unsound assumptions or practices or illegal practices and a failure to uphold work requirements or measures for environmental protection. In order to prevent possible disadvantages during contract performance, contracting entities should be obliged to ask for an explanation of the price charged where a tender significantly undercuts the prices demanded by other tenderers or in cases in which, for other reasons, a tender appears abnormally low. Where the tenderer cannot provide a sufficient explanation, the contracting entity should be entitled to reject the tender. Rejection should be also mandatory in cases where the contracting entity has established that the abnormally low price results from non- compliance with mandatory Union legislation in the fields of social, labour or environmental law or international labour law provisionsrequirements set out in international law, in Union or national legislation and/or in collective agreements that apply where the work, service or provision is undertaken, in the fields of social security, labour conditions or environmental protection.
Amendment 23 #
2011/0439(COD)
Proposal for a directive
Recital 50 bis (new)
Recital 50 bis (new)
(50a) In order to ensure the correct functioning of public procurement, subcontracting must be appropriately regulated. The contracting entity must be informed, in the tender document, of the parts of a contract that the tenderer intends to subcontract, as well as of the proposed subcontractors. Any change in the subcontracting chain that may occur during performance of the contract should ensure that the contract is undertaken to the same standard as defined in the submitted tender and should be agreed by the contracting entity. Where allowed by the nature of the contract, the contracting entity should pay the subcontractors directly. Finally, a system of ‘joint and several liability’ should be established in the subcontracting chain and the chain should be limited to a maximum of three consecutive vertical subcontracts.
Amendment 24 #
2011/0439(COD)
Proposal for a directive
Recital 51
Recital 51
(51) The laws, regulations and collective agreements, at both national and Union level, that are in force in thand collective agreas of employment conditions and safety at work apply during the performance of a contract, provided that such rules, and their application, comply with Union law. In cross-border situations where workers from one Member State provide services in another Member State for the purpose of performing a contract, Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services1 lays down the minimum conditions that must be observed by the host country in respect of such posted workers. Where national law contains provisions to this effect, nements that apply to the place where the works, services or supplies are undertaken shall apply during the performance of a contract. Non- compliance with those obligations may be considered to be grave misconduct on the part of the economic operator concerned, liable to lead to the exclusion of that economic operator from the procedure for the award of a public contract.
Amendment 25 #
2011/0439(COD)
Proposal for a directive
Recital 56 a (new)
Recital 56 a (new)
(56 a) Contracting entities should respect the delay of payment as established in Directive 2011/7/EU.
Amendment 26 #
2011/0439(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
Amendment 27 #
2011/0439(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 22 a (new)
Article 2 – paragraph 1 – point 22 a (new)
(22 a) 'Life cycle characteristics' means elements relating to any part of the life cycle of a product or works or the provision of a service, as defined in point 22 of this Article. Life cycle characteristics can be invisible characteristics that are embedded in a product as a result of choises made in the production or other non-use phases of the life cycle of the product, even if such characteristics are not apparent in the physical characteristics or functional qualities of the resulting product or service;
Amendment 28 #
2011/0439(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 22 b (new)
Article 2 – paragraph 1 – point 22 b (new)
(22b) ‘Socially sustainable production process’ means a production process in which the provision of works, services and supplies conforms with health and safety regulations, social security and employment law, notably with regard to the principle of equal treatment in the workplace. The principle of equal treatment in the workplace refers to compliance with relevant work and employment conditions, including provisions on health and safety, social security and employment law as defined by the international laws listed in Annex XIV, in Union law and in Member State law as well as in collective agreements, which apply to the place where the works, services and supplies are undertaken;
Amendment 29 #
2011/0439(COD)
Proposal for a directive
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
Contracting entities shall aim for "best value" in procurement policy. This is achieved through the awarding of the public contract to the most economically advantageous tender.
Amendment 30 #
2011/0439(COD)
Proposal for a directive
Article 29 – paragraph 2 b (new)
Article 29 – paragraph 2 b (new)
Economic operators shall comply with obligations relating to social and employment protection and the working conditions which apply in the place where the work, service or supply is to be performed as set out by Union and national legislation and/or collective agreements or international labour law provisions listed in Annex XI.
Amendment 31 #
2011/0439(COD)
Proposal for a directive
Article 29 – paragraph 2 c (new)
Article 29 – paragraph 2 c (new)
The details of procurement contracts shall be made public.
Amendment 32 #
2011/0439(COD)
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1
Article 30 – paragraph 2 – subparagraph 1
Groups of economic operators may submit tenders or put themselves forward as candidates. Groups of economic operators, notably small and medium-sized enterprises (SMEs) may take the form of a consortium of enterprises. Contracting entities shall not establish specific conditions for participation of such groups in procurement procedures which are not imposed on individual candidates. In order to submit a tender or a request to participate, those groups shall not be required by the contracting entities to assume a specific legal form.
Amendment 33 #
2011/0439(COD)
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 a (new)
Article 30 – paragraph 2 – subparagraph 1 a (new)
Contracting entities shall give the possibility to a group of economic operators to fulfil all technical, legal and financial requirements as a single entity, summing up the individual characteristics of the components of the group.
Amendment 34 #
2011/0439(COD)
Proposal for a directive
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2 a. Article 32 (1) and (2) shall not prevent the public disclosure of contracts once concluded including any subsequent changes.
Amendment 35 #
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 interests’' means any family, emotional life, economic, politicalconomic or other shared interests with the candidates or the tenderers or any subcontractor proposed in the tender in accordance with the provisions of Article 81, including conflicting professional interests.
Amendment 36 #
2011/0439(COD)
Proposal for a directive
Article 44 – paragraph 1 – point a
Article 44 – paragraph 1 – point a
where no tenders or no suitable tenders or no requests to participate have been submitted in response to a procedure with a prior call for competition, provided that the initial conditions of the contract are not substantially altered;
Amendment 37 #
2011/0439(COD)
Proposal for a directive
Recital 56 a (new)
Recital 56 a (new)
(56a) Contracting entities should respect the delay of payment as established in Directive 2011/7/EU.
Amendment 37 #
2011/0439(COD)
Proposal for a directive
Article 44 – paragraph 1 – point d – point i
Article 44 – paragraph 1 – point d – point i
Amendment 38 #
2011/0439(COD)
Proposal for a directive
Article 44 – paragraph 5 bis (new)
Article 44 – paragraph 5 bis (new)
If a contracting body decides, under the provisions of this Article, to make use of the negotiated procedure without prior publication, it must provide the supervisory body in Article 93 with a detailed report justifying this choice and containing the tender documents and related information, and, if it should choose to resort to a negotiated procedure without prior publication based on point (a), the tender documents from the previous call to tender.
Amendment 39 #
2011/0439(COD)
Proposal for a directive
Article 54 – paragraph 1 – subparagraph 2
Article 54 – paragraph 1 – subparagraph 2
These characteristics may also refer to the specific process of production or provision of the requested works, supplies or services or of any other stage of its life cycle and socially sustainable production process as referred to in points (22), (22a) and (22b) of Article 2.
Amendment 40 #
2011/0439(COD)
Proposal for a directive
Article 54 – paragraph 1 – subparagraph 5 a (new)
Article 54 – paragraph 1 – subparagraph 5 a (new)
Technical specifications may also include, as appropriate, requirements relating to: (a) performance, including levels of environmental and climate performance and performance in terms of socially sustainable production process; (b) life cycle characteristics; (c) socially sustainable production process; (d) the organisation, qualification and experience of the staff assigned to performing the contract in question; (e) safety or dimensions, including the procedures concerning quality assurance, terminology, symbols, testing and test methods, packaging, marking and labelling, user instructions; (f) rules relating to design and costing, the test, inspection and acceptance conditions for works and methods or techniques of construction and all other technical conditions which the contracting entity is in a position to prescribe, under general or specific regulations, in relation to the finished works and to the materials or parts which they involve; (g) social characteristics, including social inclusion, gender balance, access to on- site vocational training.
Amendment 41 #
2011/0439(COD)
Proposal for a directive
Article 54 – paragraph 3 – point a
Article 54 – paragraph 3 – point a
(a) in terms of performance or functional requirements, including social and environmental characteristics, provided that the parameters are sufficiently precise to allow tenderers to determine the subject- matter of the contract and to allow contracting entities to award the contract. In accordance with paragraph 1, technical specifications may be formulated in terms of performance or functional requirements relating to life cycle or socially sustainable production process characteristics of the requested works, supplies or services, and not only to the performance or functional requirements of the works, supplies, or services in use;
Amendment 43 #
2011/0439(COD)
Proposal for a directive
Article 70 – paragraph 1 – point b
Article 70 – paragraph 1 – point b
(b) they shall select tenderers and candidates in accordance with the objective rules and criteria laid down pursuant to Articles 72, 74 and 7481;
Amendment 44 #
2011/0439(COD)
Proposal for a directive
Article 70 – paragraph 5
Article 70 – paragraph 5
5. Contracting entities may decideshall not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law with obligations in the field of social and employment protection, working conditions and environmental legislation , as set out by Union and national legislation and/or collective agreements that apply in the place where the work, service or supply is to be performed or ofby the international social and environmental law provisions listed in Annex XIV.
Amendment 45 #
2011/0439(COD)
Proposal for a directive
Article 70 – paragraph 5 a (new)
Article 70 – paragraph 5 a (new)
5 a. Where such laws do not apply, not compliance of the tender with other laws which ensure an equivalent level of protection and apply in the place where the work, service or supply is to be performed shall also provide a basis for exclusion.
Amendment 46 #
2011/0439(COD)
Proposal for a directive
Article 70 – paragraph 7
Article 70 – paragraph 7
7. The Commission shall be empowered to adopcomplement delegated acts in accordance with Article 98 to amend the list in Annex XIV, where necessary due to the conclusion of new international agreements or modification of existing international agreements.
Amendment 48 #
2011/0439(COD)
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1
Article 74 – paragraph 1 – subparagraph 1
The objective rules and criteria for the exclusion and selection of economic operators requesting qualification in a qualification system and the objective rules and criteria for the exclusion and selection of candidates and tenderers in open, restricted or negotiated procedures or in innovation partnerships mayshall include the exclusion grounds listed in Article 55 of Directive 2004/18[.../.../EU][on public procurement] on the terms and conditions set out therein.
Amendment 49 #
2011/0439(COD)
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2
Article 74 – paragraph 1 – subparagraph 2
Amendment 50 #
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 entities shall base the award of contracts shall be one of the following:the most economically advantageous tender.
Amendment 51 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – point a
Article 76 – paragraph 1 – subparagraph 1 – point a
Amendment 52 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – point b
Article 76 – paragraph 1 – subparagraph 1 – point b
Amendment 53 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 2
Article 76 – paragraph 1 – subparagraph 2
Amendment 54 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point - a a (new)
Article 76 – paragraph 2 – subparagraph 2 – point - a a (new)
(- aa) decent working conditions, health and safety at the workplace and respect for the right to collective bargaining; (this amendment should be inserted before point (a) of this paragraph)
Amendment 55 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 1
Article 76 – paragraph 2 – subparagraph 1
Amendment 56 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – introductory part
Article 76 – paragraph 2 – subparagraph 2 – introductory part
Those criteria shall include in addition to the price or costs referred to in point (b) ofontracting entity shall identify the most economically advantageous tender in accordance with paragraph 1, otherbased on criteria linked to the subject-matter of the contract in question, such as. In addition to price and costs, evaluated with a cost- effectiveness approach only, including the determination of life cycle costs according to the conditions set out in Article 77, such criteria shall include:
Amendment 57 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point a a (new)
Article 76 – paragraph 2 – subparagraph 2 – point a a (new)
(a a) life cycle process and life cycle characteristics;
Amendment 58 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point a bis (new)
Article 76 – paragraph 2 – subparagraph 2 – point a bis (new)
(aa) the socially sustainable production process;
Amendment 59 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point b
Article 76 – paragraph 2 – subparagraph 2 – point b
(b) for service contracts and contracts involving the design of works, the organisation, qualification and experience of the staff assigned to performing the contract in question may bare taken into consideration, with the consequence that, following the award of the contract, such staff may only be replaced with the consent of the contracting entity which must verify that replacements ensure equivalent organisation and quality;
Amendment 60 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point d bis (new)
Article 76 – paragraph 2 – subparagraph 2 – point d bis (new)
(da) social criteria such as, for example, decent working conditions, health and safety, respect for collective bargaining, gender equality, social inclusion, including work opportunities for disabled, disadvantaged or vulnerable workers, access to professional training in the workplace, consultation with and participation of users, economic accessibility, human rights and ethical trade;
Amendment 61 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 3
Article 76 – paragraph 3
Amendment 62 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 4
Article 76 – paragraph 4
4. Award criteria shall not confer an unrestricted freedom of choice on the contracting entity. They shall ensure the possibility ofensure effective competition and shall be accompanied by requirements which allow the information provided by the tenderers to be effectively verified. Contracting entities shall verify effectively, on the basis of the information and proof provided by the tenderers, whether the tenders meet the award criteria.
Amendment 63 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 5 – subparagraph 1
Article 76 – paragraph 5 – subparagraph 1
Amendment 64 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 5 – subparagraph 2
Article 76 – paragraph 5 – subparagraph 2
Amendment 65 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 5 – subparagraph 4
Article 76 – paragraph 5 – subparagraph 4
The relative weighting or order of importance shall be specified, as appropriately, in the notice used as a means of calling for competition, in the invitation to confirm interest, in the invitation to tender or to negotiate, or in the specifications.
Amendment 66 #
2011/0439(COD)
Proposal for a directive
Article 77 – paragraph 3 – subparagraph 1
Article 77 – paragraph 3 – subparagraph 1
Whenever a common methodology for the calculation of life-cycle costs is adopted as part of a legislative act of the Union, including by delegated acts pursuant to sector specific legislation, it shall be applied where life-cycle costing is included inin accordance with the award criteria referred to in Article 76 (1).
Amendment 67 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 1 – introductory part
Article 79 – paragraph 1 – introductory part
1. The contracting entity shall request economic operators to explain the price or costs charged, where all of the following conditions are fulfilled:the price or the cost charged is more than 25 % less than the average price or average costs charged in the other tender documents.
Amendment 68 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 1 – point a
Article 79 – paragraph 1 – point a
Amendment 69 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 1 – point b
Article 79 – paragraph 1 – point b
Amendment 70 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 1 – point c
Article 79 – paragraph 1 – point c
Amendment 72 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 2
Article 79 – paragraph 2
2. Where tenders appear to be abnormally low for other reasons, contracting entities maywill also request such explanations.
Amendment 73 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 3 – introductory part
Article 79 – paragraph 3 – introductory part
3. The explanations referred to in paragraphs 1 and 2 mayrelate in particular relate to:
Amendment 74 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 3 – point d
Article 79 – paragraph 3 – point d
(d) compliance, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XIV or, where not applicable, with other provisions ensuring an equivalent level of protection;
Amendment 75 #
2011/0439(COD)
Proposal for a directive
Article 79 a (new)
Article 79 a (new)
Amendment 76 #
2011/0439(COD)
Proposal for a directive
Article 81 – paragraph 1
Article 81 – paragraph 1
1. In the procurement documents, the contracting entity may ask, or may be required by a Member State to ask, the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors. shall ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors, providing information regarding the subcontractor including names, contact details and legal representatives. Any changes in the subcontracting chain shall be proposed by the economic operator and agreed by the contracting entity. In the case the proposed change regards also the involvement of a new subcontractor, the main contractor shall indicate its name, contact details and legal representatives Any operators in the subcontracting chain shall ensure the respect of the provisions of this Directive and of the conditions established in the procurement documents and shall guarantee a performance of the duties connected to the contract equivalent to the one defined in the tender.
Amendment 77 #
2011/0439(COD)
Proposal for a directive
Article 81 – paragraph 1 a (new)
Article 81 – paragraph 1 a (new)
1 a. Member States shall limit the possibility for a tenderer to subcontract when executing a public contract to a maximum of three or less successive subcontractors. The contracting entities may establish further limitations to the use of subcontracting, with regard to the number of subcontractors or of successive subcontractors or to the possibility of changes in the subcontracting chain, or may establish that no parts of the contracts shall be subcontracted to third parties.
Amendment 79 #
2011/0439(COD)
Proposal for a directive
Article 81 – paragraph 2 a (new)
Article 81 – paragraph 2 a (new)
2 a. The reasons for the use of subcontractors shall be set out in the procurement documents, strictly motivated by technical considerations and not circumvent relevant legislation and obligations which apply where the provision of works, services and supplies takes place;
Amendment 80 #
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. main contractor's and subcontractors' liability. Member states shall provide for a system of joint and several liability down the sub- contracting chain. The principal economic operator and any subcontractor involved in doing work on a public contract shall be jointly and severally liable for any liability which arises from the failure by a subcontractor to comply with provisions relating to fundamental rights, health and safety requirements, social rules and standards, employment and working conditions, health and safety at workplace and social security, as set out by EU and national laws, regulations or administrative provisions, collective agreement and contracts, and international labour law provisions listed in Annex XI, that apply in the place where the work, service or supply is performed. Member States may provide for more stringent liability rules under national law.
Amendment 81 #
2011/0439(COD)
Proposal for a directive
Article 81 – paragraph 3 a (new)
Article 81 – paragraph 3 a (new)
3 a. The main contractor and any intermediate subcontractor in their contracts with their subcontractors, shall stipulate that in the event that they have reason to believe that their immediate subcontractor is violating the rules referred to in Paragraph 3, the immediate subcontractor shall take immediate action to remedy the situation, and that, failing this, the contract concerned shall be terminated.
Amendment 82 #
2011/0439(COD)
Proposal for a directive
Article 86 – paragraph 2
Article 86 – paragraph 2
2. Member States shall ensure that contracting entities may take into account the need to ensure quality, continuity, accessibility, availability and comprehensiveness of the services, the specific needs of different categories of users, the involvement and empowerment of users and innovation. Member States may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service, as well as consumer protection and social inclusion.
Amendment 83 #
2011/0439(COD)
Proposal for a directive
Article 86 – paragraph 2 bis (new)
Article 86 – paragraph 2 bis (new)
2a. The general principles in Article 70, the reasons for exclusion in Article 74 and the subcontracting rules in Article 81 also apply for contracts defined in Article 84.
Amendment 85 #
2011/0439(COD)
Proposal for a directive
Article 93 – paragraph 3 – subparagraph 1 – point d
Article 93 – paragraph 3 – subparagraph 1 – point d
(d) establishing and applying comprehensive, actionable ‘'red flag’' indicator and monitoring systems to prevent, detect and adequately report instances of procurement fraud, corruption, conflict of interest and other serious irregularities as well as specific breaches of provisions contained in Articles 70, 74 and 81;
Amendment 86 #
2011/0439(COD)
Proposal for a directive
Article 93 – paragraph 3 – subparagraph 1 – point f bis (new)
Article 93 – paragraph 3 – subparagraph 1 – point f bis (new)
(fa) examining the reports issued by the contracting entities that intend to resort to a negotiated procedure without publication;
Amendment 87 #
2011/0439(COD)
Proposal for a directive
Article 93 – paragraph 3 – subparagraph 3
Article 93 – paragraph 3 – subparagraph 3
Member States shall empower the oversight body to seize the jurisdiction competent according to national law for the review of contracting entities' decisions where it has detected a violation in the course of its monitoring and legal advising activity or during examination of the reports provided by the contracting entities, in accordance with Article 44.
Amendment 88 #
2011/0439(COD)
Proposal for a directive
Article 96 – paragraph 1
Article 96 – paragraph 1
1. Member States shall make available technical support structures in order to provide legal and economic advice, guidance and assistance to contracting entities in preparing and carrying out procurement procedures. Member States shall also ensure that each contracting entity can obtain competent assistance and advice on individual questions, in partcular in relation to provisions contained in Articles 70, 74 and 81.
Amendment 89 #
2011/0439(COD)
Proposal for a directive
Article 96 – paragraph 3 – subparagraph 2
Article 96 – paragraph 3 – subparagraph 2
Amendment 90 #
2011/0439(COD)
Proposal for a directive
Annex 14 – point 1 a (new)
Annex 14 – point 1 a (new)
- Convention 94 on Labour Clauses in Public Contracts;
Amendment 174 #
2011/0439(COD)
Proposal for a directive
Recital 26
Recital 26
(26) In view of the detrimental effects on competition, negotiated procedures without a call for competition should only be used in very exceptional circumstances. This exception should be limited to cases where publication is either not possible, for reasons of force majeure in line with the standing case-law of the Court of Justice of the European Union, or where it is clear from the outset that publication would not trigger more competition, not least because there is objectively only one economic operator that can perform the contract. Only situations of objective exclusivity can justify the use of the negotiated procedure without a call for competition, where the situation of exclusivity has not been created by the contracting entity itself with a view to the future procurement procedure, and where there are no adequate substitutes, the availability of which should be assessed thoroughly. It is appropriate that whenever contracting entities use, in the cases specified in this Directive, the negotiated procedure without publication, they send a report justifying their choice to the oversight body, whose tasks should include that of examining and assessing those reports.
Amendment 214 #
2011/0439(COD)
Proposal for a directive
Recital 50 a (new)
Recital 50 a (new)
Amendment 216 #
2011/0439(COD)
Proposal for a directive
Recital 56 a (new)
Recital 56 a (new)
(56a) Contracting entities should respect the delay of payment as established in Directive 2011/7/EU.
Amendment 448 #
2011/0439(COD)
Proposal for a directive
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
Contracting entities shall aim for "best value" in procurement policy. This is achieved through the awarding of the public contract to the most economically advantageous tender.
Amendment 449 #
2011/0439(COD)
Proposal for a directive
Article 29 – paragraph 2 b (new)
Article 29 – paragraph 2 b (new)
The details of procurement contracts shall be made public.
Amendment 450 #
2011/0439(COD)
Proposal for a directive
Article 29 – paragraph 2 c (new)
Article 29 – paragraph 2 c (new)
Economic operators shall comply with obligations relating to social and employment protection and the working conditions which apply in the place where the work, service or supply is to be performed as set out by Union and national legislation and/or collective agreements or international labour law provisions listed in Annex XIV.
Amendment 459 #
2011/0439(COD)
Proposal for a directive
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2a. Article 32 (1) and (2) shall not prevent the public disclosure of contracts once concluded including any subsequent changes.
Amendment 515 #
2011/0439(COD)
Proposal for a directive
Article 44 – paragraph 1 – point a
Article 44 – paragraph 1 – point a
(a) where no tenders or no suitable tenders or no requests to participate have been submitted in response to a procedure with a prior call for competition, provided that the initial conditions of the contract are not substantially altered;
Amendment 517 #
2011/0439(COD)
Proposal for a directive
Article 44 – paragraph 1 – point d – point i
Article 44 – paragraph 1 – point d – point i
Amendment 532 #
2011/0439(COD)
Proposal for a directive
Article 44 – paragraph 5 a (new)
Article 44 – paragraph 5 a (new)
If a contracting body decides, under the provisions of this Article, to make use of the negotiated procedure without prior publication, it must provide the supervisory body in Article 93 with a detailed report justifying this choice and containing the tender documents and related information, and, if it should choose to resort to a negotiated procedure without prior publication based on point (a) of paragraph 1, the tender documents from the previous call to tender.
Amendment 692 #
2011/0439(COD)
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1
Article 74 – paragraph 1 – subparagraph 1
The objective rules and criteria for the exclusion and selection of economic operators requesting qualification in a qualification system and the objective rules and criteria for the exclusion and selection of candidates and tenderers in open, restricted or negotiated procedures or in innovation partnerships mayshall include the exclusion grounds listed in Article 55 of Directive 2004/18[.../.../EU][replacing Directive 2004/18/EC on public procurement] on the terms and conditions set out therein.
Amendment 693 #
2011/0439(COD)
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 2
Article 74 – paragraph 1 – subparagraph 2
Amendment 732 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point a a (new)
Article 76 – paragraph 2 – subparagraph 2 – point a a (new)
Amendment 743 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point d a (new)
Article 76 – paragraph 2 – subparagraph 2 – point d a (new)
(da) social criteria such as gender balance, social inclusion, including employment opportunities for disabled, disadvantaged or vulnerable workers, access to vocational training in the workplace, consultation and participation of users, economic accessibility;
Amendment 810 #
2011/0439(COD)
Proposal for a directive
Article 79 a (new)
Article 79 a (new)
Amendment 825 #
2011/0439(COD)
Proposal for a directive
Article 81 – paragraph 1
Article 81 – paragraph 1
1. In the procurement documents, the contracting entity may ask, or may be required by a Member State to ask, the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors. shall ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors, providing information regarding the subcontractor including names, contact details and legal representatives. Any changes in the subcontracting chain shall be proposed by the economic operator and agreed by the contracting entity. In the case the proposed change regards also the involvement of a new subcontractor, the main contractor shall indicate its name, contact details and legal representatives Any operators in the subcontracting chain shall ensure the respect of the provisions of this Directive and of the conditions established in the procurement documents and shall guarantee a performance of the duties connected to the contract equivalent to the one defined in the tender.
Amendment 828 #
2011/0439(COD)
Proposal for a directive
Article 81 – paragraph 1 a (new)
Article 81 – paragraph 1 a (new)
1a. Member States shall limit the possibility for a tenderer to subcontract when executing a public contract to a maximum of three or less successive subcontractors. The contracting entities may establish further limitations to the use of subcontracting, with regard to the number of subcontractors or of successive subcontractors or to the possibility of changes in the subcontracting chain, or may establish that no parts of the contracts shall be subcontracted to third parties.
Amendment 830 #
2011/0439(COD)
Proposal for a directive
Article 81 – paragraph 1 b (new)
Article 81 – paragraph 1 b (new)
1b. The reasons for the use of subcontractors shall be set out in the procurement documents, strictly motivated by technical considerations and not circumvent relevant legislation and obligations which apply where the provision of works, services and supplies takes place;
Amendment 845 #
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 liabilitymain contractor's and subcontractors' liability. Member States shall provide for a system of joint and several liability down the sub- contracting chain. The principal economic operator and any subcontractor involved in doing work on a public contract shall be jointly and severally liable for any liability which arises from the failure by a subcontractor to comply with provisions relating to fundamental rights, health and safety requirements, social rules and standards, employment and working conditions, health and safety at workplace and social security, as set out by EU and national laws, regulations or administrative provisions, collective agreement and contracts, and international labour law provisions listed in Annex XIV, that apply in the place where the work, service or supply is performed. Member States may provide for more stringent liability rules under national law.
Amendment 892 #
2011/0439(COD)
Proposal for a directive
Article 83 a (new)
Article 83 a (new)
Article 83a Monitoring of contract performance and register of non-compliance 1. Contracting entities may monitor the performance of the contractor awarded the contract and, at appropriate stages during the contract term, carry out an assessment of performance using a method that is based on objective and measurable criteria and applied in a systematic, consistent and transparent way. Any performance assessment shall be communicated to the contractor in question, which shall be given the opportunity to object to the findings within a reasonable timeframe and to obtain judicial protection. 2. Where an assessment is carried out in accordance with paragraph 1 and an economic operator or a subcontractor appointed for that contract by the economic operator has been found to have shown significant or persistent deficiencies in the performance of any substantive requirement under the contract and the economic operator has not objected to the findings or the economic operator's objections have not been validated through seeking judicial protection, the contracting entity shall communicate the fact and the necessary detail of the such an assessment to the supervisory and administrative authorities as referred to in Articles 93 and 97. 3. In that case the economic operator shall be inscribed in an official register of non-compliance, managed by the supervisory and administrative authorities as referred to in Articles 93 and 97. 4. Member States shall ensure that contracting entities can easily consult the official registers of non-compliance and obtain information and assistance with regard to the application of this Article through the assistance provided by supervisory and administrative authorities as mentioned in Articles 93, 96 and 97.
Amendment 939 #
2011/0439(COD)
Proposal for a directive
Article 93 – paragraph 3 – subparagraph 1 – point f a (new)
Article 93 – paragraph 3 – subparagraph 1 – point f a (new)
(fa) examining the reports sent to them by the contracting entities that intend to resort to a negotiated procedure without publication;
Amendment 940 #
2011/0439(COD)
Proposal for a directive
Article 93 – paragraph 3 – subparagraph 1 – point g a (new)
Article 93 – paragraph 3 – subparagraph 1 – point g a (new)
(ga) management of the official register of non-compliance as laid down in Article 83a.
Amendment 941 #
2011/0439(COD)
Proposal for a directive
Article 93 – paragraph 3 – subparagraph 3
Article 93 – paragraph 3 – subparagraph 3
Amendment 974 #
2011/0439(COD)
Proposal for a directive
Article 97 – paragraph 1
Article 97 – paragraph 1
1. Member States shall provide mutual assistance to each other, and shall put in place measures for effective cooperation with one another, in order to ensure exchange of information on issues referred to in Articles 56, 75, 79 and 7983a. They shall ensure the confidentiality of the information which they exchange.
Amendment 16 #
2011/0438(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Under Articles 9, 10 and 11 of the Treaty on the Functioning of the European Union, environmental protection requirements, with the promotion of a high level of employment, the guarantee of suitable social protection, the fight against social exclusion and a high level of education, training and the protection of human health protection must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting socially and environmentally sustainable development. This Directive clarifies how the contracting authorities may use their discretionary power in the definition and awarding of public contracts, in order to contribute to the protection of the environment, social welfare and the promotion of sustainable development, whilst ensuring that they can obtain the best value for money for their contracts.
Amendment 17 #
2011/0438(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Illicit conduct by participants in a procurement procedure, such as attempts to unduly influence the decision-making process or to enter into agreements with other candidates to manipulate the outcome of the procedureat procedure, as well as failure to respect measures in the field of environmental protection and health, working conditions and social protection, as defined in the international legislation referred to in Annex XI, European and national legislation and/or collective agreements in force where the services, work or supplies are provided, can result in violations of the basic principles of Union law and in serious distortions of competition. Economic operators should therefore be required to submit a declaration on honour that they do not engage in such illicit activities and be excluded if this declaration proves to be false.
Amendment 21 #
2011/0438(COD)
Proposal for a directive
Recital 18
Recital 18
(18) In view of the detrimental effects on competition, negotiated procedures without prior publication of a contract notice should only be used in very exceptional circumstances. This exception should be limited to cases where publication is either not possible, for reasons of force majeure in line with the standing case-law of the Court of Justice of the European Union, or where it is clear from the outset that publication would not trigger more competition, not least because there is objectively only one economic operator that can perform the contract. Only situations of objective exclusivity can justify the use of the negotiated procedure without publication, where the situation of exclusivity has not been created by the contracting authority itself with a view to the future procurement procedure, and where there are no adequate substitutes, the availability of which should be assessed thoroughly. If, in the cases defined in this Directive, the contracting authorities opt for a negotiated procedure without prior publication, they should send a report to the oversight body justifying the reason for this choice. The oversight body should also be competent to analyse and assess such reports.
Amendment 23 #
2011/0438(COD)
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) To facilitate access by SMEs to the public procurement market, groups of economic operators, who could form consortia of companies, should also be allowed to present joint tenders for a contract. In this case, the contracting authorities should allow the groups of economic operators to combine the individual characteristics of the group members to satisfy the financial, technical and legal requirements as a single entity.
Amendment 24 #
2011/0438(COD)
Proposal for a directive
Recital 41
Recital 41
(41) Furthermore, in technical specifications and in award criteria, contracting authorities should be allowed to refer to a specific production process, a socially sustainable feature of the life cycle or of the production process, a specific mode of provision of services, or a specific process for any other stage of the life cycle of a product or service, provided that they are linked to the subject-matter of the public contract. IFurthermore, in order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender, characteristics relatedconditions of execution and award criteria, social characteristics connected with the purpose of the contract. The social characteristics can be related, for example, to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of health of the staff involved in the production process or, the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff memb, gender equality, access to professional training in the workplace, users in their working environvolvement. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services1 and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is party. For service contracts and for contracts involving the design of works, contracting authorities should also be allowed to use as an award criterion the organisation, qualification and experience of the staff assigned to performing the contract in question, as this may affect the quality of contract performance and, as a result, the economic value of the tender.
Amendment 25 #
2011/0438(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Tenders that appear abnormally low in relation to the works, supplies or services might be based on technically, economically or legally unsound assumptions or practices. In order to prevent possible disadvantages during contract performance, c or on illegal conduct or a failure to adhere to obligations concerning workers or environmental protection measures. Contracting authorities should be obliged to ask for an explanation of the price charged where a tender significantly undercuts the prices demanded by other tenderers. Where the 1 OJ L 18, 21.1.1997, p.1. or in the event that an offer appears unusually low for other reasons. Where the tenderer cannot provide a sufficient explanation, the contracting authority should be entitled to reject the tender. RFurthermore, rejection should also be mandatory in cases where the contracting authority has established that the abnormally low price charged results from non-compliance with mandatory Unobligations arising from international law, Union or national legislation in the fields of social, labour or environmental law or international labour law provisionsand/or collective agreements which apply where the work, service or supplies are provided, in the fields of social security, working conditions and environmental protection.
Amendment 26 #
2011/0438(COD)
Proposal for a directive
Recital 43 a (new)
Recital 43 a (new)
(43a) In order to ensure the correct functioning of public procurement, the subcontracting instrument must be correctly regulated. The contracting authority must be informed, within the tenders presented, of the parts of the contract which a bidder may intend to subcontract, along with any subcontractors proposed. Every change in the subcontracting chain for the current contract should ensure that the contract is performed in accordance with the bid made and must be agreed by the contracting authority. The contracting authority should make arrangements for the direct payment of the subcontractors, insofar as this is permitted by the nature of the contract itself. Finally, a ‘joint and several liability’ system should be set up in the subcontracting chain and this chain should be limited to a maximum of three consecutive vertical subcontractors.
Amendment 27 #
2011/0438(COD)
Proposal for a directive
Recital 44
Recital 44
(44) The laws, and regulations and collective agreements, at both national and Union level, that are in force in the areas of employment conditions and safety at work apply during the performance of a public contract, In cross-border situations, where workers from one Member State provide services in another Member State for the purpose of performing a public contract, Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services1 lays down the minimum conditions that must be observed by the host country in respect of such posted workers. Where national law contains provisions to this effect, nalong with collective agreements which apply where the work, service or supply is to be provided. Non-compliance with those obligations mayshould be considered to be grave misconduct on the part of the economic operator concerned, liable to and lead to the exclusion of that economic operator from the procedure for the award of a public contract. 1 OJ L 18, 21.1.1997, p. 1.Or. it
Amendment 28 #
2011/0438(COD)
Proposal for a directive
Recital 48 a (new)
Recital 48 a (new)
(48 a) Contracting authorities should respect the delay of payment as established in Directive 2011/7/EU.
Amendment 29 #
2011/0438(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2 a (new)
Article 1 – paragraph 2 – subparagraph 2 a (new)
This Directive is without prejudice to the right of public authorities at all levels to decide whether, how and to what extent they want to perform public functions themselves. Public authorities may perform public interest tasks using their own resources, without being obliged to call on outside economic operators. They may do so in cooperation with other public authorities.
Amendment 34 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 22 a (new)
Article 2 – paragraph 1 – point 22 a (new)
(22 a) 'Life cycle characteristics' means elements relating to any part of the life cycle of a product or works or the provision of a service, as defined in point 22 of this Article. Life cycle characteristics can be invisible characteristics that are embedded in a product as a result of choises made in the production or other non-use phases of the life cycle of the product, even if such characteristics are not apparent in the physical characteristics or functional qualities of the resulting product or service;
Amendment 35 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 22 b (new)
Article 2 – paragraph 1 – point 22 b (new)
(22b) a ‘socially sustainable production process’ means a production process where the provision of work, services and supplies complies with health and safety, social security and employment law provisions, notably concerning the principle of equal treatment in the workplace. The principle of equal treatment in the workplace means adherence to the current regulations governing working and employment conditions, including health and safety, social security and employment law provisions defined by the stipulations of international law listed in Annex XI, in European Union and Member State legislation and in collective agreements which apply where the work, services and supplies are provided;
Amendment 40 #
2011/0438(COD)
Proposal for a directive
Recital 48 a (new)
Recital 48 a (new)
(48a) Contracting authorities should respect the delay of payment as established in Directive 2011/7/EU.
Amendment 47 #
2011/0438(COD)
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
Economic operators shall comply with obligations relating to social and employment protection and the working conditions which apply in the place where the work, service or supply is to be performed as set out by Union and national legislation and/or collective agreements or international labour law provisions listed in Annex XI.
Amendment 48 #
2011/0438(COD)
Proposal for a directive
Article 15 – paragraph 2 b (new)
Article 15 – paragraph 2 b (new)
Contracting authorities shall aim for "best value" in procurement policy. This is achieved through the awarding of the public contract to the most economically advantageous tender.
Amendment 49 #
2011/0438(COD)
Proposal for a directive
Article 15 – paragraph 2 c (new)
Article 15 – paragraph 2 c (new)
The details of public contracts shall be made public.
Amendment 50 #
2011/0438(COD)
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 1
Article 16 – paragraph 2 – subparagraph 1
Groups of economic operators may submit tenders or put themselves forward as candidates. Groups of economic operators, notably small and medium-sized enterprises (SMEs) may take the form of a consortium of enterprises. Contracting authorities shall not establish specific conditions for participation of such groups in procurement procedures which are not imposed on individual candidates. In order to submit a tender or a request to participate, those groups shall not be required by the contracting authorities to assume a specific legal form.
Amendment 51 #
2011/0438(COD)
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 1 a (new)
Article 16 – paragraph 2 – subparagraph 1 a (new)
Contracting authorities shall give the possibility to a group of economic operators to fulfil all technical, legal and financial requirements as a single entity, summing up the individual characteristics of the components of the group.
Amendment 52 #
2011/0438(COD)
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. Article 18 (1) and (2) shall not prevent the public disclosure of contracts once concluded including any subsequent changes.
Amendment 53 #
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 interests’ means any family, emotional life, economic, politicalconomic or other shared interests with the candidates or the tenderers or any subcontractor proposed in the tender in accordance with the provisions of Article 71, including conflicting professional interests.
Amendment 54 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point a
Article 30 – paragraph 2 – subparagraph 1 – point a
(a) where no tenders or no suitable tenders or no requests to participate have been submitted in response to an open procedure or a restricted procedure, provided that the initial conditions of the contract are not substantially altered and that a report is sent to the Commission or the national oversight body designated according to Article 84 where they so requestaltered.
Amendment 55 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point c – point i
Article 30 – paragraph 2 – subparagraph 1 – point c – point i
Amendment 56 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 5 a (new)
Article 30 – paragraph 5 a (new)
5a. If a contracting authority decides, pursuant to paragraphs 1, 2, 3, 4 and 5 of this Article, to use a negotiated procedure without prior publication, it shall provide to the oversight body referred to in Article 84 a detailed report justifying this choice and containing the procurement documents and related information, together with the procurement documents for the previous call for tenders if it wishes to use the negotiated procedure without prior publication on the basis of paragraph 2(a).
Amendment 58 #
2011/0438(COD)
Proposal for a directive
Article 40 – paragraph 1 – subparagraph 2
Article 40 – paragraph 1 – subparagraph 2
These characteristics may also refer to the specific process of production or provision of the requested works, supplies or services or of any other stage of its life cycle and socially sustainable production process as referred to in points (22), (22a) and (22b) of Article 2.
Amendment 59 #
2011/0438(COD)
Proposal for a directive
Article 40 – paragraph 1 – subparagraph 5 a (new)
Article 40 – paragraph 1 – subparagraph 5 a (new)
Technical specifications may also include, as appropriate, requirements relating to: (a) performance, including levels of environmental and climate performance and performance in terms of socially sustainable production process; (b) life cycle characteristics; (c) socially sustainable production process; (d) the organisation, qualification and experience of the staff assigned to performing the contract in question; (e) safety or dimensions, including the procedures concerning quality assurance, terminology, symbols, testing and test methods, packaging, marking and labelling, user instructions; (f) rules relating to design and costing, the test, inspection and acceptance conditions for works and methods or techniques of construction and all other technical conditions which the contracting authority is in a position to prescribe, under general or specific regulations, in relation to the finished works and to the materials or parts which they involve; (g) social characteristics, including social inclusion, gender balance, access to on- site vocational training.
Amendment 60 #
2011/0438(COD)
Proposal for a directive
Article 40 – paragraph 3 – point a
Article 40 – paragraph 3 – point a
(a) in terms of performance or functional requirements, including social and environmental characteristics, provided that the parameters are sufficiently precise to allow tenderers to determine the subject- matter of the contract and to allow contracting authorities to award the contract. In accordance with paragraph 1, technical specifications may be formulated in terms of performance or functional requirements relating to life cycle or socially sustainable production process characteristics of the requested works, supplies or services, and not only to the performance or functional requirements of the works, supplies, or services in use;
Amendment 63 #
2011/0438(COD)
Proposal for a directive
Article 54 – paragraph 1 – point b
Article 54 – paragraph 1 – point b
(b) the tender comes from a tenderer that is not excluded in accordance with Articles 21 and 55 and that meets the selection criteria set out by the contracting authority in accordance with Article 56 and, where appropriate, the non-discriminatory rules and criteria referred to in Article 64 and 71.
Amendment 64 #
2011/0438(COD)
Proposal for a directive
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Contracting authorities may decideshall not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law with obligations in the field of social and employment protection, working conditions and environmental legislation, as set out by Union and national legislation and/or collective agreements that apply in the place where the work, service or supply is to be performed or ofby the international social and environmental law provisions listed in Annex XI.
Amendment 65 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – point - a a (new)
Article 66 – paragraph 2 – point - a a (new)
(- aa) decent working conditions, health and safety in the workplace and respect for collective bargaining;
Amendment 65 #
2011/0438(COD)
Proposal for a directive
Article 54 – paragraph 2 a (new)
Article 54 – paragraph 2 a (new)
2 a. Where such laws do not apply, not compliance of the tender with other laws which ensure an equivalent level of protection and apply in the place where the work, service or supply is to be performed shall also provide a basis for exclusion.
Amendment 66 #
2011/0438(COD)
Proposal for a directive
Article 54 – paragraph 4
Article 54 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 89 to acomplemendt the list in Annex XI, where necessary due to the conclusion of new international agreements or modification of existing international agreements.
Amendment 67 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 1 – point e a (new)
Article 55 – paragraph 1 – subparagraph 1 – point e a (new)
(e a) participation in exploitation of human trafficking and child labour covered by Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims.
Amendment 69 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – introductory part
Article 55 – paragraph 3 – subparagraph 1 – introductory part
A contracting authority mayshall exclude from participation in a public contract any economic operator if one of the following conditions is fulfilled:
Amendment 70 #
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 violation of obligations established by Union legislation in the field of social and labour law or environmental lawin the field of social and employment protection, working conditions and environmental legislation, as set out by Union and national legislation and/or collective agreements that apply in the place where the work is performed or the service is provided, or of the international social and environmental law provisions listed in Annex XI. Compliance with Union legislation or with international provisions also includes compliance in an equivalent manner.
Amendment 71 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 2 a (new)
Article 55 – paragraph 3 – subparagraph 2 a (new)
A contracting authority shall exclude from participation in a public contract any economic operator if one of the conditions set out in paragraphs 1, 2 or 3 is fulfilled in respect of a subcontractor proposed by the economic operator in accordance with Article 71.
Amendment 72 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 4 – subparagraph 1
Article 55 – paragraph 4 – subparagraph 1
Any candidate or tenderer that is in one of the situations referred to in paragraphs 1, 2, 3 and 3a may provide the contracting authority with evidence demonstrating its reliability or, if appropriate, the reliability of its subcontractor, despite the existence of the relevant ground for exclusion.
Amendment 73 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 4 – subparagraph 2
Article 55 – paragraph 4 – subparagraph 2
For this purpose, the candidate or tenderer shall prove that it has compensated any damage caused by the criminal offence or misconduct, clarified the facts and circumstances in a comprehensive manner by actively collaborating with the investigating authorities and taken concrete technical, organisational and personal measures that are appropriate to prevent further criminal offences or misconduct. Contracting authorities shall evaluate the measures taken by the candidates and tenderers, including reporting and control systems and internal audit structures to monitor compliance. Evidence provided by the candidate or tenderer to this effect shall be sufficient to satisfy the contracting authorities that the measures taken by the candidates and tenderers, or, as appropriate, the reliability of its sub- contractor, are sufficient to prevent further criminal offences or misconduct, taking into account the gravity and particular circumstances of the criminal offence or misconduct. Where the contracting authority considers the measures to be insufficientis not satisfied, it shall state the reasons for its decision.
Amendment 74 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 5
Article 55 – paragraph 5
5. Member States shall ensure that contracting authorities and economic operators can easily obtain information and assistance with regard to the application of this Article through the liaison point provided for insingle body, several bodies or administrative structures established or appointed to that effect in accordance with Articles 884 and 87.
Amendment 75 #
2011/0438(COD)
Proposal for a directive
Article 56 – paragraph 1 – subparagraph 1 – point c a (new)
Article 56 – paragraph 1 – subparagraph 1 – point c a (new)
(c a) compliance with obligations in the field of social and employment protection, working conditions and environmental legislation, as set out by Union and national legislation and/or by collective agreements that apply where the the work, the service or the supply is performed and with the international social and environmental law provisions listed in Annex XI.
Amendment 76 #
2011/0438(COD)
Proposal for a directive
Article 56 – paragraph 1 – subparagraph 2
Article 56 – paragraph 1 – subparagraph 2
They are not obliged to impose all the conditions listed in paragraphs 2, 3 and 4, but and they shall notmay provide requirements other than those listed.
Amendment 77 #
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. All requirements shall be related and strictly proportionatelinked to the subject-matter of the contract, taking into account the need to ensure genuine competition.
Amendment 78 #
2011/0438(COD)
Proposal for a directive
Article 56 – paragraph 4 – subparagraph 1
Article 56 – paragraph 4 – subparagraph 1
With regard to technical and professional ability, contracting authorities mayshall require that economic operators possess or have made provisions to access or acquire the necessary human and technical resources and experience to performensure the performance of the contract to an appropriate quality standard and, where so requested by the contracting authority, in accordance with any contract performance clause specified in accordance with Article 70. Contracting authorities may conclude that economic operators will not perform the contract to an appropriate quality standardensure the required performance where the contracting authority established that they have conflicting interests which may negatively affect the performance of the contract.
Amendment 79 #
2011/0438(COD)
Proposal for a directive
Article 56 – paragraph 4 – subparagraph 2
Article 56 – paragraph 4 – subparagraph 2
Amendment 80 #
2011/0438(COD)
Proposal for a directive
Article 56 – paragraph 5 a (new)
Article 56 – paragraph 5 a (new)
5 a. This Article shall apply also to subcontracting procedures and subcontractors.
Amendment 82 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – introductory part
Article 66 – paragraph 1 – subparagraph 1 – introductory part
Without prejudice to national laws, regulations or administrative provisions concerning the remuneration of certain services, the criterion on which contracting authorities shall base the award of public contracts shall be onethat of the following:most economically advantageous tender.
Amendment 83 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a
Article 66 – paragraph 1 – subparagraph 1 – point a
Amendment 84 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b
Article 66 – paragraph 1 – subparagraph 1 – point b
Amendment 85 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2
Article 66 – paragraph 1 – subparagraph 2
Amendment 86 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – introductory part
Article 66 – paragraph 2 – introductory part
2. The contracting authority shall assess the most economically advantageous tender referred to in point (a) of paragraph 1 from the point of view of the contracting authority shall be identifiedaragraph 1, on the basis of criteria linked to the subject-matter of the public contract in question. Those criteria shall include, iIn addition to the price orand costs referred to in point (b) of paragraph 1, other criteria linked to the subject- matter of the public contract in question, such as, assessed solely on the basis of a cost-effectiveness approach, as in the determination of the life-cycle costs in compliance with the stipulations of Article 67, the following examples shall feature among the criteria:
Amendment 87 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – point a a (new)
Article 66 – paragraph 2 – point a a (new)
(a a) life cycle process and life cycle characteristics;
Amendment 88 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – point a b (new)
Article 66 – paragraph 2 – point a b (new)
(ab) the socially sustainable production process;
Amendment 89 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – point b
Article 66 – paragraph 2 – point b
(b) for service contracts and contracts involving the design of works, the organisation, qualification and experience of the staff assigned to performing the contract in question mayshall be taken into consideration, with the consequence that, following the award of the contract, such staff may only be replaced with the consent of the contracting authority, which must verify that replacements ensure equivalent organisation and quality;
Amendment 90 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – point d a (new)
Article 66 – paragraph 2 – point d a (new)
(da) social criteria, such as, for example, decent working conditions, health and safety, respect of collective bargaining, gender equality, social inclusion, including employment opportunities for disabled, disadvantaged or vulnerable workers, access to professional training in the workplace, user consultation and participation, economic accessibility, human rights and fair trade;
Amendment 91 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 3
Article 66 – paragraph 3
Amendment 92 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 4
Article 66 – paragraph 4
4. Award criteria shall not confer an unrestricted freedom of choice on the contracting authority. They shall ensure the possibility ofensure effective competition and shall be accompanied by requirements that allow the information provided by the tenderers to be effectively verified. Contracting authorities shall verify effectively, on the basis of the information and proof provided by the tenderers, whether the tenders meet the award criteria.
Amendment 93 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 5 – subparagraph 1
Article 66 – paragraph 5 – subparagraph 1
Amendment 94 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 5 – subparagraph 2
Article 66 – paragraph 5 – subparagraph 2
Amendment 95 #
2011/0438(COD)
Proposal for a directive
Article 67 – paragraph 3 – subparagraph 1
Article 67 – paragraph 3 – subparagraph 1
Whenever a common methodology for the calculation of life-cycle costs is adopted as part of a legislative act of the Union, including by delegated acts pursuant to sector specific legislation, it shall be applied where life-cycle costing is included inin accordance with the award criteriaon referred to in Article 66(1).
Amendment 96 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 1 – introductory part
Article 69 – paragraph 1 – introductory part
1. Contracting authorities shall require economic operators to explain the price or costs charged, where all of the following conditions are fulfilled:the price or costs charged are more than 25 % lower than the average price or average costs of the remaining tenders.
Amendment 97 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 1 – point a
Article 69 – paragraph 1 – point a
Amendment 98 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 1 – point b
Article 69 – paragraph 1 – point b
Amendment 99 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 1 – point c
Article 69 – paragraph 1 – point c
Amendment 101 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 2
Article 69 – paragraph 2
2. Where tenders appear to be abnormally low for other reasons, contracting authorities mayshall also request such explanations.
Amendment 102 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 3 – introductory part
Article 69 – paragraph 3 – introductory part
3. The explanations referred to in paragraphs 1 and 2 mayrelate in particular relate to:
Amendment 103 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 3 – point d
Article 69 – paragraph 3 – point d
(d) compliance, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI or, where not applicable, with other provisions ensuring an equivalent level of protection;
Amendment 104 #
2011/0438(COD)
Proposal for a directive
Article 69 a (new)
Article 69 a (new)
Amendment 105 #
2011/0438(COD)
Proposal for a directive
Article 71 – paragraph 1
Article 71 – paragraph 1
1. In the procurement documents, the contracting authority may ask or may be required by a Member State to ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractorsshall ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors, providing information regarding the subcontractor including names, contact details and legal representatives. Any changes in the subcontracting chain shall be proposed by the economic operator and agreed by the contracting authority. In the case the proposed change regards also the involvement of a new subcontractor, the main contractor shall indicate its name, contact details and legal representatives Any operators in the subcontracting chain shall ensure the respect of the provisions of this Directive and of the conditions established in the procurement documents and shall guarantee a performance of the duties connected to the contract equivalent to the one defined in the tender.
Amendment 106 #
2011/0438(COD)
Proposal for a directive
Article 71 – paragraph 1 a (new)
Article 71 – paragraph 1 a (new)
1 a. Member States shall limit the possibility for a tenderer to subcontract when executing a public contract to a maximum of three or less successive subcontractors. The contracting authorities may establish further limitations to the use of subcontracting, with regard to the number of subcontractors or of successive subcontractors or to the possibility of changes in the subcontracting chain, or may establish that no parts of the contracts shall be subcontracted to third parties.
Amendment 108 #
2011/0438(COD)
Proposal for a directive
Article 71 – paragraph 2 a (new)
Article 71 – paragraph 2 a (new)
2 a. The reasons for the use of subcontractors shall be set out in the procurement documents, strictly motivated by technical considerations and not circumvent relevant legislation and obligations which apply where the provision of works, services and supplies takes place;
Amendment 109 #
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. main contractor's and subcontractors' liability. Member states shall provide for a system of joint and several liability down the sub- contracting chain. The principal economic operator and any subcontractor involved in doing work on a public contract shall be jointly and severally liable for any liability which arises from the failure by a subcontractor to comply with provisions relating to fundamental rights, health and safety requirements, social rules and standards, employment and working conditions, health and safety at workplace and social security, as set out by EU and national laws, regulations or administrative provisions, collective agreement and contracts, and international labour law provisions listed in Annex XI, that apply in the place where the work, service or supply is performed. Member States may provide for more stringent liability rules under national law.
Amendment 110 #
2011/0438(COD)
Proposal for a directive
Article 71 – paragraph 3 a (new)
Article 71 – paragraph 3 a (new)
3 a. The main contractor and any intermediate subcontractor in their contracts with their subcontractors, shall stipulate that in the event that they have reason to believe that their immediate subcontractor is violating the rules referred to in Paragraph 3, the immediate subcontractor shall take immediate action to remedy the situation, and that, failing this, the contract concerned shall be terminated.
Amendment 116 #
2011/0438(COD)
Proposal for a directive
Article 76 – paragraph 2
Article 76 – paragraph 2
2. Member States shall ensure that contracting authorities may take into account the need to ensure quality, continuity, accessibility, availability and comprehensiveness of the services, the specific needs of different categories of users, the involvement and empowerment of users and innovation. Member States may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service, as well as consumer protection and social inclusion.
Amendment 118 #
2011/0438(COD)
Proposal for a directive
Recital 48 a (new)
Recital 48 a (new)
(48a) Contracting authorities should respect the delay of payment as established in Directive 2011/7/EU.
Amendment 118 #
2011/0438(COD)
Proposal for a directive
Article 76 – paragraph 2 a (new)
Article 76 – paragraph 2 a (new)
2a. The general principles referred to in Article 54, the exclusion grounds referred to in Article 55 and the rules governing subcontracting referred to in Article 71, shall also apply to the contracts defined in Article 74.
Amendment 121 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 1 – point d
Article 84 – paragraph 3 – subparagraph 1 – point d
(d) establishing and applying comprehensive, actionable ‘red flag’ indicator and monitoring systems to prevent, detect and adequately report instances of procurement fraud, corruption, conflict of interest and other serious irregularities as well as specific breaches of provisions contained in Articles 54, 55 and 71;
Amendment 122 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 1 – point f a (new)
Article 84 – paragraph 3 – subparagraph 1 – point f a (new)
(fa) examining the reports sent to them by contracting authorities intending to use a negotiated procedure without publication;
Amendment 123 #
2011/0438(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Directive is without prejudice to the right of public authorities at all levels to decide whether, how and to what extent they want to perform public functions themselves. Public authorities may perform public interest tasks using their own resources, without being obliged to call on outside economic operators. They may do so in cooperation with other public authorities.
Amendment 123 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 3
Article 84 – paragraph 3 – subparagraph 3
Member States shall empower the oversight body to seize the jurisdiction competent according to national law for the review of contracting authorities'’ decisions where it has detected a violation in the course of its monitoring and legal advising activity or when examining reports provided by the contracting authorities on the basis of Article 30.
Amendment 124 #
2011/0438(COD)
Proposal for a directive
Article 87 – paragraph 1
Article 87 – paragraph 1
1. Member States shall make available technical support structures in order to provide legal and economic advice, guidance and assistance to contracting authorities in preparing and carrying out procurement procedures. Member States shall also ensure that each contracting authority can obtain competent assistance and advice on individual questions, in partcular in relation to provisions contained in Articles 54, 55 and 71.
Amendment 126 #
2011/0438(COD)
Proposal for a directive
Annex XI – indent 1 a (new)
Annex XI – indent 1 a (new)
- Convention 94 on Labour Clauses in Public Contracts;
Amendment 200 #
2011/0438(COD)
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Economic operators shall comply with obligations relating to social and employment protection and the working conditions which apply in the place where the work, service or supply is to be performed as set out by Union and national legislation and/or collective agreements or international labour law provisions listed in Annex XI.
Amendment 203 #
2011/0438(COD)
Proposal for a directive
Article 15 – paragraph 1 b (new)
Article 15 – paragraph 1 b (new)
1b. Contracting authorities shall aim for "best value" in procurement policy. This is achieved through the awarding of the public contract to the most economically advantageous and sustainable tender.
Amendment 205 #
2011/0438(COD)
Proposal for a directive
Article 15 – paragraph 1 c (new)
Article 15 – paragraph 1 c (new)
1c. The details of public contracts shall be made public.
Amendment 232 #
2011/0438(COD)
Proposal for a directive
Recital 18
Recital 18
(18) In view of the detrimental effects on competition, negotiated procedures without prior publication of a contract notice should only be used in very exceptional circumstances. This exception should be limited to cases where publication is either not possible, for reasons of force majeure in line with the standing case-law of the Court of Justice of the European Union, or where it is clear from the outset that publication would not trigger more competition, not least because there is objectively only one economic operator that can perform the contract. Only situations of objective exclusivity can justify the use of the negotiated procedure without publication, where the situation of exclusivity has not been created by the contracting authority itself with a view to the future procurement procedure, and where there are no adequate substitutes, the availability of which should be assessed thoroughly. Contracting authorities which, in the cases defined in this Directive, use a negotiated procedure without publication should submit a report justifying their decision to the supervisory body, whose tasks should include the analysis and assessment of such reports.
Amendment 272 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – introductory part
Article 55 – paragraph 3 – subparagraph 1 – introductory part
A contracting authority mayshall exclude from participation in a public contract any economic operator if one of the following conditions is fulfilled:
Amendment 274 #
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 violation of obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI. Compliance with Union legislation or with internationalin the field of environmental law or social and labour law, as established by Union legislation and national laws, regulations or administrative provisions, arbitration award, collective agreements and contracts, and international social and environmental law provisions listed in Annex XI, that apply in the place where the work, service or supply is performed, including in the subcontracting chain. Compliance with these provisions also includes compliance in an equivalent manner.
Amendment 276 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 4 – subparagraph 1
Article 55 – paragraph 4 – subparagraph 1
Amendment 277 #
2011/0438(COD)
Proposal for a directive
Article 56 – paragraph 1 – subparagraph 1 – point c a (new)
Article 56 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) compliance with rules and standards in the field of health and safety, social and labour law defined by Union and national legislation and by collective agreements which apply in the place where the work, service or supply is performed.
Amendment 280 #
2011/0438(COD)
Proposal for a directive
Article 56 – paragraph 4 – subparagraph 1
Article 56 – paragraph 4 – subparagraph 1
With regard to technical and professional ability, contracting authorities mayshall require that economic operators possess or have made provisions to access or acquire the necessary human and technical resources and experience to performensure the performance of the contract to an appropriate quality standard and, where so requested by the contracting authority, in accordance with any contract performance clause specified in accordance with Articles 70 and 71. Contracting authorities may conclude that economic operators will not performensure the performance of the contract to an appropriate quality standard where the contracting authority established that they have conflicting interests which may negatively affect the performance of the contract.
Amendment 282 #
2011/0438(COD)
Proposal for a directive
Article 56 – paragraph 5 a (new)
Article 56 – paragraph 5 a (new)
5a. This Article shall also apply to subcontracting procedures and subcontractors.
Amendment 298 #
2011/0438(COD)
Proposal for a directive
Recital 43 a (new)
Recital 43 a (new)
(43a) In order to ensure that public procurement functions correctly, subcontracting should be properly regulated. The contracting authority should be informed, in the tenders submitted, of the parts of the contract which a bidder may intend to subcontract, along with any subcontractors proposed. Any change in the subcontracting chain for the current contract should be made in such a way as to ensure that the contract is performed in accordance with the tender submitted and should be agreed by the contracting authority. The contracting authority should make arrangements for the direct payment of the subcontractors, insofar as this is permitted by the nature of the contract itself. Finally, a system of joint and several liability should be established in the subcontracting chain and the chain should be limited to a maximum of three consecutive vertical subcontracts.
Amendment 302 #
2011/0438(COD)
Proposal for a directive
Recital 48 a (new)
Recital 48 a (new)
(48 a) Contracting authorities should respect the delay of payment as established in Directive 2011/7/EU.
Amendment 324 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 2
Article 69 – paragraph 2
2. Where tenders appear to be abnormally low for other reasons, contracting authorities mayshall also request such explanations, in particular in cases where the price or costs charged are lower than the price or costs paid to the current operator or where the price or costs charged are lower than the prices resulting from other current and comparable procurement procedures.
Amendment 340 #
2011/0438(COD)
Proposal for a directive
Article 71 – paragraph 1
Article 71 – paragraph 1
1. In the procurement documents, the contracting authority mayshall ask or may be required by a Member State to ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors, providing information regarding the subcontractor including names, contact details and legal representatives. Any changes in the subcontracting chain shall be proposed by the economic operator and agreed by the contracting authority. The proposed change shall be rejected if it doesn't guarantee the respect of the general principle defined in Article 54.2 or if one of the conditions for exclusion laid down in Article 55 applies. Any changes in the subcontracting chain shall ensure the respect of the provisions of this Directive and of the conditions established in the procurement documents and shall guarantee a performance of the duties connected to the contract equivalent to the one defined in the tender. In the case the proposed change regards also the involvement of a new subcontractor, the main contractor shall indicate its name, contact details and legal representatives.
Amendment 343 #
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. main contractor's and subcontractors' liability. Member states shall provide for a system of joint and several liability down the sub- contracting chain. Member States shall ensure that the main contractor and any intermediate subcontractor may be directly held liable like a guarantor, in addition to or in place of a subcontractor, for any liability which arises from the failure by the subcontractor to comply with provisions relating to fundamental rights, health and safety requirements, social rules and standards, employment and working conditions, health and safety at workplace and social security, as set out by EU and national laws, regulations or administrative provisions, collective agreements and contracts, and international labour law provisions listed in Annex XI, that apply in the place where the work, service or supply is performed; these obligations shall also apply in cross- border situations, where workers from one Member State provide services in another Member State. This shall apply without any further conditions, in particular without the subject or the subjects held liable being directly at fault. Member States may provide for more stringent liability rules under national law. The contracting authority in its contract with the main contractor, and the main contractor and any intermediate subcontractor in their contracts with their subcontractors, shall stipulate that in the event that they have reason to believe that their immediate subcontractor is violating the rules referred to in the second subparagraph, the immediate subcontractor shall take immediate action to remedy the situation, and that, failing this, the contract concerned shall be terminated. If the termination of the contract and the replacement of the concerned subcontractor takes the form of a transfer of undertaking, as defined in Directive 2001/23/EC, the provisions of that Directive shall apply.
Amendment 361 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 1 – point d
Article 84 – paragraph 3 – subparagraph 1 – point d
(d) establishing and applying comprehensive, actionable ‘'red flag’' indicator and monitoring systems to prevent, detect and adequately report instances of procurement fraud, corruption, conflict of interest and, other serious irregularities as well as specific breaches of provisions contained in Articles 54, 55 and 71;
Amendment 364 #
2011/0438(COD)
Proposal for a directive
Article 87 – paragraph 1
Article 87 – paragraph 1
1. Member States shall make available technical support structures in order to provide legal and economic advice, guidance and assistance to contracting authorities in preparing and carrying out procurement procedures. Member States shall also ensure that each contracting authority can obtain competent assistance and advice on individual questions, in particular in relation to provisions contained in Articles 54, 55 and 71.
Amendment 365 #
2011/0438(COD)
Proposal for a directive
Article 87 – paragraph 3 – subparagraph 2
Article 87 – paragraph 3 – subparagraph 2
Member States shall ensure that interested economic operators have easy access to appropriate information on the obligations relating to taxes, environmental protection, and to social and labour law obligations, which are in force in the Member State, in the region or localitypply in the place where the works are to be carried out or the services are to be provided and which will be applicable to the works carried ou. Member States shall ensure that con site or to the services provided duringtracting authorities state where the perinformance oftion can be found in the contract documents.
Amendment 366 #
2011/0438(COD)
Proposal for a directive
Article 87 – paragraph 3 – subparagraph 2 a (new)
Article 87 – paragraph 3 – subparagraph 2 a (new)
Member States shall ensure that contracting authorities request tenderers or candidates in the contract award procedure to indicate that they have taken account, when drawing up their tender, of the obligations relating to social and labour law obligations, which apply in the place where the works are to be carried out or the services are to be provided.
Amendment 370 #
2011/0438(COD)
Proposal for a directive
Annex XIII – point c
Annex XIII – point c
(c) Certification that the economic operator is not the subject of insolvency or winding-up proceedings as referred toin one of the situations listed in Article 55(3)(b) and 55 (3a) new;
Amendment 594 #
2011/0438(COD)
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
Economic operators shall comply with obligations relating to social and employment protection and the working conditions which apply in the place where the work, service or supply is to be performed as set out by Union and national legislation and/or collective agreements or international labour law provisions listed in Annex XI.
Amendment 597 #
2011/0438(COD)
Proposal for a directive
Article 15 – paragraph 2 b (new)
Article 15 – paragraph 2 b (new)
Amendment 598 #
2011/0438(COD)
Proposal for a directive
Article 15 – paragraph 2 c (new)
Article 15 – paragraph 2 c (new)
The details of public contracts shall be made public.
Amendment 613 #
2011/0438(COD)
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. Paragraphs 1 and 2 of this Article shall not prevent the public disclosure of contracts once concluded including any subsequent changes.
Amendment 795 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point a
Article 30 – paragraph 2 – subparagraph 1 – point a
(a) where no tenders or no suitable tenders or no requests to participate have been submitted in response to an open procedure or a restricted procedure, provided that the initial conditions of the contract are not substantially altered and that a report is sent to the Commission or the national oversight body designated according to Article 84 where they so requestaltered.
Amendment 800 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point c – point i
Article 30 – paragraph 2 – subparagraph 1 – point c – point i
Amendment 822 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 5 a (new)
Article 30 – paragraph 5 a (new)
If a contracting authority decides, under this Article, to make use of the negotiated procedure without prior publication, it shall provide the supervisory body referred to in Article 84 with a detailed report stating the reasons for that choice and containing the tender documents and related information and, should it elect to follow a negotiated procedure without prior publication under point (a), the tender documents from the previous call to tender.
Amendment 1063 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point d
Article 55 – paragraph 3 – subparagraph 1 – point d
(d) where the economic operator has shown significant or persistent deficiencies in the performance of any substantive requirement under a prior contract or contracts ofis inscribed in an official register of non- compliance, as similar nature with the same contracting authorityet out in Article 73a.
Amendment 1071 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 2
Article 55 – paragraph 3 – subparagraph 2
Amendment 1163 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – point -a (new)
Article 66 – paragraph 2 – point -a (new)
(-a) decent working conditions, health and safety in the workplace, respect for collective bargaining;
Amendment 1194 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – point d a (new)
Article 66 – paragraph 2 – point d a (new)
(da) social criteria such as, for example, gender equality, social inclusion, including work opportunities for disabled, disadvantaged or vulnerable workers, access to professional training in the workplace, consultation with and participation of users, economic accessibility;
Amendment 1298 #
2011/0438(COD)
Proposal for a directive
Article 69 a (new)
Article 69 a (new)
Amendment 1322 #
2011/0438(COD)
Proposal for a directive
Article 71 – paragraph 1
Article 71 – paragraph 1
1. In the procurement documents, the contracting authority may ask or may be required by a Member State to ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors. shall ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors, providing information regarding the subcontractor including names, contact details and legal representatives. Any changes in the subcontracting chain shall be proposed by the economic operator and agreed by the contracting authority. In the case the proposed change regards also the involvement of a new subcontractor, the main contractor shall indicate its name, contact details and legal representatives Any operators in the subcontracting chain shall ensure the respect of the provisions of this Directive and of the conditions established in the procurement documents and shall guarantee a performance of the duties connected to the contract equivalent to the one defined in the tender.
Amendment 1325 #
2011/0438(COD)
Proposal for a directive
Article 71 – paragraph 1 a (new)
Article 71 – paragraph 1 a (new)
1a. Member States shall limit the possibility for a tenderer to subcontract when executing a public contract to a maximum of three or less successive subcontractors. The contracting authorities may establish further limitations to the use of subcontracting, with regard to the number of subcontractors or of successive subcontractors or to the possibility of changes in the subcontracting chain, or may establish that no parts of the contracts shall be subcontracted to third parties.
Amendment 1327 #
2011/0438(COD)
Proposal for a directive
Article 71 – paragraph 1 b (new)
Article 71 – paragraph 1 b (new)
1b. The reasons for the use of subcontractors shall be set out in the procurement documents, strictly motivated by technical considerations and not circumvent relevant legislation and obligations which apply where the provision of works, services and supplies takes place;
Amendment 1345 #
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. main contractor's and subcontractors' liability. Member States shall provide for a system of joint and several liability down the sub- contracting chain. The principal economic operator and any subcontractor involved in doing work on a public contract shall be jointly and severally liable for any liability which arises from the failure by a subcontractor to comply with provisions relating to fundamental rights, health and safety requirements, social rules and standards, employment and working conditions, health and safety at workplace and social security, as set out by EU and national laws, regulations or administrative provisions, collective agreement and contracts, and international labour law provisions listed in Annex XI, that apply in the place where the work, service or supply is performed. Member States may provide for more stringent liability rules under national law.
Amendment 1388 #
2011/0438(COD)
Proposal for a directive
Article 73 a (new)
Article 73 a (new)
Article 73a Monitoring of contract performance and register of non-compliance 1. Contracting authorities may monitor the performance of the contractor awarded the contract and, at appropriate stages during the contract term, carry out an assessment of performance using a method that is based on objective and measurable criteria and applied in a systematic, consistent and transparent way. Any performance assessment shall be communicated to the contractor in question, which shall be given the opportunity to object to the findings within a reasonable timeframe and to obtain judicial protection. 2. Where an assessment is carried out in accordance with paragraph 1 and an economic operator or a subcontractor appointed for that contract by the economic operator has been found to have shown significant or persistent deficiencies in the performance of any substantive requirement under the contract and the economic operator has not objected to the findings or the economic operator's objections have not been validated through seeking judicial protection, the contracting authority shall communicate the fact and the necessary detail of the such an assessment to the supervisory and administrative authorities as referred to in Articles 84 and 88. 3. In that case the economic operator shall be inscribed in an official register of non-compliance, managed by the supervisory and administrative authorities as referred to in Articles 84 and 88. 4. Member States shall ensure that contracting authorities can easily consult the official registers of non-compliance and obtain information and assistance with regard to the application of this Article through the assistance provided by supervisory and administrative authorities as mentioned in Articles 84, 87 and 88.
Amendment 1484 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 1 – point f a (new)
Article 84 – paragraph 3 – subparagraph 1 – point f a (new)
(fa) examining reports sent to it by contracting entities intending to follow a negotiated procedure without publication;
Amendment 1485 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 1 – point g a (new)
Article 84 – paragraph 3 – subparagraph 1 – point g a (new)
(ga) management of the official register of non-compliance as laid down in Article 73a.
Amendment 1487 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 3
Article 84 – paragraph 3 – subparagraph 3
Amendment 1550 #
2011/0438(COD)
Proposal for a directive
Article 88 – paragraph 1
Article 88 – paragraph 1
1. Member States shall provide mutual assistance to each other, and shall put in place measures for effective cooperation with one another, in order to ensure exchange of information on issues referred to in Articles 40, 41, 42, 55, 57, 59, 60, 61, 63, 69 and 6973a. They shall ensure the confidentiality of the information which they exchange.
Amendment 246 #
2011/0359(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) Member States may exempt public interest entities which have not issued transferable securities admitted to trading on a regulated market within the meaning of point 14 of Article 4(1) of Directive 2004/39/EC and their statutory auditor(s) or audit firm(s) from one or more of the requirements of this regulation.
Amendment 252 #
2011/0359(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
(1a) Where a cooperative within the meaning of Article 2(14) of Directive 2006/43/EC, a savings bank or a similar entity as referred to in Article 45 of Directive 86/635/EEC, a subsidiary or a legal successor of a cooperative, a savings bank or a similar entity as referred to in Article 45 of Directive 86/635/EEC is required or permitted under national provisions to be a member of a non-profit- making auditing entity, an objective, reasonable and informed party would not conclude that the membership-based relationship compromises the statutory auditor's independence, provided that when such an auditing entity is conducting a statutory audit of one of its members, the principles of independence laid down in this Chapter are applied to the auditors carrying out the audit and those persons who may be in a position to exert influence on the statutory audit.
Amendment 276 #
2011/0359(COD)
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Where Article 37 (2) of Directive 2006/43/EC applies paragraph 2 and 3 of this Article shall not apply.
Amendment 530 #
2011/0359(COD)
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
For the purposes of the application of Article 37 (1) of Directive 2006/43/EC, for the appointment of statutory auditors or audit firms by public-interest entities, the conditions set out in paragraphs 2 to 56 of this Article shall apply.
Amendment 531 #
2011/0359(COD)
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 2
Article 32 – paragraph 1 – subparagraph 2
Where Article 37(2) of Directive 2006/43/EC applies, the public-interest entity shall only inform the competent authority of the use of the alternative systems or modalities referred to in that Article; in this case paragraphs 2 to 6 of this Article shall not apply.
Amendment 598 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
1 a. For the purposes of the application of Article 37 (1) of Directive 2006/43/EC, for the appointment of statutory auditors or audit firms by public-interest entities, the conditions set out in paragraphs 2 to 7 shall apply. Where Article 37 (2) of Directive 2006/43/EC applies paragraphs 2 to 4 of this Article shall not apply.
Amendment 40 #
2011/0314A(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Technical capacity building helps to ensure safety and security and facilitates legitimate trade. However, given the financial constraints currently experienced by numerous Member States, acquiring and maintaining the equipment needed for this purpose (e.g. scanners, laboratory equipment) represents a challenge, which consequently poses a threat to the effective protection of the Union's external borders. It is therefore essential to provide financial support in the area of acquisition and maintenance of the requisite technical equipment. With regard to the financial allocation for the programme, it should be stipulated that financial support for the acquisition and maintenance of technical equipment should be based on a cofinancing rate no higher than 10%. This should foster national investment in customs capacity building measures.
Amendment 47 #
Amendment 53 #
2011/0314A(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 54 #
2011/0314A(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point 1
Article 5 – paragraph 3 – point 1
(1) the availability and operation of the Common Communication Network forand the Union components of European Information Systems;
Amendment 55 #
2011/0314A(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point 1 a (new)
Article 5 – paragraph 3 – point 1 a (new)
(1a) changes in programme stakeholders’ perception of the programme’s contribution to strengthening the internal market;
Amendment 56 #
2011/0314A(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point 2 a (new)
Article 5 – paragraph 3 – point 2 a (new)
(2a) progress in the process of harmonising and standardising customs controls.
Amendment 58 #
Amendment 59 #
2011/0314A(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
The priorispecific objectives of the programme shall be the following:
Amendment 60 #
2011/0314A(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
The programme’s contribution to the realisation of the each of the specific objectives set out in the first subparagraph shall be measured using a set of indicators laid down in the annual work programme. Those indicators shall include the views of stakeholders and participants in the actions financed on the programme’s usefulness in terms of meeting the specific objectives, as well as the indicators set out in Article 5(3).
Amendment 61 #
2011/0314A(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 1
Article 6 – paragraph 1 – point 1
(1) to support the preparation, coherent application and effective implementation of Union law, with a view tof strengthening the customs union in terms of efficiency, effectiveness and uniformity and helping, in particular, to ensure that procedures are fully computerised within the time limits laid down in the Union Customs Code.
Amendment 64 #
2011/0314A(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 6
Article 6 – paragraph 1 – point 6
(6) to fight fraud, protect intellectual property and to enhance competitiveness, safety and security by enhancing cooperation with international organisations, third countries, other governmental authorities, and economic operators and their organisations.
Amendment 66 #
2011/0314A(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point 1 – point b a (new)
Article 7 – paragraph 1 – point 1 – point b a (new)
(ba) benchmarking activities organised by two or more participating countries, possibly with the involvement of the Commission, to compare working methods, procedures or processes with commonly agreed indicators, in order to identify best practices and shortcomings.
Amendment 67 #
2011/0314A(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Amendment 69 #
2011/0314A(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point 1 – point d a (new)
Article 7 – paragraph 1 – point 1 – point d a (new)
(da) technical capacity building, in particular the acquisition and maintenance of technical equipment;
Amendment 70 #
2011/0314A(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point 1 – point e a (new)
Article 7 – paragraph 1 – point 1 – point e a (new)
(ea) cooperation and information pooling between national and Union internal market monitoring authorities and the customs authorities of two or more participating countries;
Amendment 71 #
2011/0314A(COD)
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. The indicative distribution of the financial allocation among the eligible actions, as set out in Article 6, is specified in Section I of the Annex.
Amendment 72 #
2011/0314A(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The financial allocation for the pProgramme may also cover expenses pertaining to preparatory, monitoring, control, audit and evaluation activities which are required for the management of the programme and the achievement of its objectives; in particular, studies, meetings of experts, information and communication actions, including corporat, together with all other technical and administrative assistance expenses incurred by the cCommunicatission ofor the political priorities of the European Union as far as they are related to the objectives of this Regulation, expenses linked to IT networks focusing on information processing and exchange, together with all other technical and administrative assistance expenses incurred by the Commission formanagement of the programme. An estimate of those expenses, which shall under no circumstances account for more than 0.4% of the financial allocation specified in paragraph 1, subparagraph 1, shall be set out in the management of thenual work programme.
Amendment 73 #
2011/0314A(COD)
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. The cofinancing rate applying to support granted under this programme for the acquisition and maintenance of technical equipment shall be specified in the annual work programme and may under no circumstances be higher than 10%.
Amendment 74 #
2011/0314A(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
The Commission shall, in cooperation with the participating countries, monitor the programme and its actions in order to follow the implementation of actions carried out. The indicators used by the Commission for the purpose of monitoring the operation of the programme shall include those set out in Articles 5 and 6 and in the annual work programmes.
Amendment 75 #
2011/0314A(COD)
Proposal for a regulation
Annex - Section -I (new)
Annex - Section -I (new)
-I. Indicative allocation of funds to eligible actions listed in Article 6 – IT capacity building: at least 70 %; – joint actions: maximum 15 %; – technical capacity building: maximum 5 %; – human capacity building: maximum 5 %. (This amendment is intended to form the first section of the Annex to the regulation.)
Amendment 75 #
2011/0294(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Projects of common interest for motorways of the sea in the trans-European transport network may also include activities that have wider benefits and are not linked to specific ports, such as activities for improving the environmental performance of carriers and infrastructures, making available facilities for ice-breaking, activities ensuring year- round navigability, dredging operations, alternative fuelling facilities, as well as the optimisation of processes, procedures and the human element, ICT platforms and information systems, including traffic management and electronic reporting systems.
Amendment 338 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 80 a (new)
Annex I – Article 80 a (new)
Article 80a Surprising terms included in standard terms A term contained in standard terms supplied by one party which is of such a surprising nature that the other party could not have expected it shall be unfair for the purposes of this Section unless it was expressly accepted.
Amendment 394 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 99 – paragraph 3
Annex I – Article 99 – paragraph 3
3. In a consumer sales contract and a contract between a trader and a consumer for the supply of digital content, any agreement derogating from the requirements of Articles 100, 102 and 103 to the detriment of the consumer is valid only if, at the time of the conclusion of the contract, the consumer knew of the specific condition of the goods or the digital content and accepted the goods or the digital content as being in conformity with the contract when concluding it.
Amendment 465 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 119 – paragraph 1
Annex I – Article 119 – paragraph 1
1. The buyer loses the right to terminate under this Section if notice of termination is not given within a reasonable time30 days from when the right arose or the buyer became, or, if the buyer is a trader that buyer could be expected to have become, aware of the non-performance, whichever is later.
Amendment 1588 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 107 – paragraph 4
Part 3 – article 107 – paragraph 4
4. Union networks comprising the members designated by the Member States and the managing authorities shall be set up by the Commission to ensure exchange on the results of the implementation of the communication strategies, the exchange of experience in implementing the information and communication measures, and the exchange of good practices. Each management authority will use the EU information network’s Europe Direct Centres effectively in the implementation of information and communication activities at a local and regional level.
Amendment 17 #
2011/0261(CNS)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) The introduction of an EU-wide financial transaction tax should bolster the Union’s international efforts to secure the adoption of similar instruments at world level.
Amendment 28 #
2011/0261(CNS)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Revenue from the FTT should be treated as own resources to be entered in the EU budget for use in pursuit of the Union’s strategic objectives.
Amendment 42 #
2011/0261(CNS)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 – introductory part
Article 8 – paragraph 2 – subparagraph 2 – introductory part
Those rates shall not be lower than: 0.1%.
Amendment 43 #
2011/0261(CNS)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 – point a
Article 8 – paragraph 2 – subparagraph 2 – point a
Amendment 45 #
2011/0261(CNS)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 – point b
Article 8 – paragraph 2 – subparagraph 2 – point b
Amendment 56 #
2011/0261(CNS)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Every five years and for the first time by 31 December 2016, the Commission shall submit to the Council a report on the application of this Directive and, where appropriate, a proposal for its modification. That report shall look at the possibility of transforming this Directive into a Regulation establishing a single FTT.
Amendment 57 #
2011/0204(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to ensure the surprise effect of the account preservation order, the debtor should not, as a general rule, be informed about the application, be heard prior to its issue or notified of the order prior to its implementation by the bank. However, for the purpose of providing greater legal certainty, the court to which application is made for a preservation order should be able to hear the debtor in exceptional cases where it considers this essential in order to reach a decision and insufficient information and evidence is available for this purpose. Such hearings should take place only if there is no likelihood of enforcement of the claim being frustrated or made substantially more difficult as a result and only if there is sufficient time for the hearing to be held before the order is issued. The debtor should, however, be able to contest the order immediately after it was implemented.
Amendment 58 #
2011/0204(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation should provide sufficient safeguards against abuse of the order. In particular, unless the creditor already has a judgment enforceable in the Member State of enforcement, the court should be able to require the creditor to provide security to ensure compensation for any damage suffered by the debtor as a result of an unjustified order. The conditions under which the creditor will be liable to compensate the debtor for such damage should be governed by national law. Where the law of a Member State does not provide for a statutory liability of the claimant, this Regulation should not preclude the recourse to measures with equivalent effect, such as the obligation on the claimant to give an undertaking as to damages or any failure to release within the appointed time limit sums over and above the amount specified in the order.
Amendment 59 #
2011/0204(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) This Regulation should therefore provide for a statutory liability on the part of the claimant for any damage caused to the defendant by an order that is subsequently found to be unjustified. The claimant should also be liable for any damage caused to the defendant as a result of failure to effect the prompt release of sums over and above the amount specified in the order.
Amendment 62 #
2011/0204(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The debtor's right to a fair trial should be safeguarded in the proceedings for the account preservation order. This notably requires that the order and all documents submitted by the claimant be served on the defendant promptly after its implementation and that the defendant can apply for a review of the order. Jurisdiction for the review should lie with the court having issued the order except if aspects of enforcement are contested. However, if the defendant is a consumer, employee or insured, or a microenterprise, he should be able to apply for a review of the order before the courts in the Member State of his domicile or establishment. The debtor should also have the right to release the funds in the account is he provides alternative security.
Amendment 66 #
2011/0204(COD)
Proposal for a regulation
Article 3
Article 3
1. For the purposes of this Regulation, a matter is considered to have cross-border implications unless the court seised with the application for an EAPO, all bank accounts to be preserved by the order and the parties are located or domiciled in the same Member State. cross-border case is one in which the bank account or one or more of the bank accounts to be preserved by the Preservation Order is/are maintained in a Member State other than: (a) the Member State of the court seised with the application for the Preservation Order pursuant to Article 6(2), or (b) the Member State in which the creditor has obtained, against the debtor, a judgment, court settlement or authentic instrument relating to the claim which is subject of the application for the Preservation Order, or (c) the State in which the creditor is domiciled or located, or (d) the State in which the debtor is domicilied or located. 2. The relevant moment for determining whether there is a cross-border case is the date on which the application for the Preservation Order is received by the court having jurisdiction for issuing the Preservation Order.
Amendment 69 #
2011/0204(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 74 #
2011/0204(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) the name, and address and, where possible, date of birth and ID details or passport number of the defendant and, where applicable, the defendant's representative;
Amendment 77 #
2011/0204(COD)
Proposal for a regulation
Article 10
Article 10
The defendant shall not be notified of the application or be heard prior to the issue of the EAPO, unless the claimant requests otherwise. In exceptional cases, the court seised with an application may hear the debtor, under the condition that such a hearing does not increase the risk to the creditor that the enforcement of his claim will be impeded or made substantially more difficult and if there is enough time for the debtor to be served and heard before an EAPO is granted.
Amendment 79 #
2011/0204(COD)
Proposal for a regulation
Article 12
Article 12
Before issuing an EAPO, the court mayshall require the provision of a security deposit or an equivalent assurance by the claimant tohat will ensure compensation for any damage suffered by the defendant to the extent the claimant is liable to compensate such damage under national lawArticle 12a. The competent court may require the provision of a smaller security deposit or assurance (and in exceptional cases exempt the claimant from this requirement) where it considers that, in view of the claimant’s financial status, such a requirement would be a disproportionate or unsustainable burden for the latter.
Amendment 81 #
2011/0204(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a Claimant’s liability 1. The claimant shall be liable for any damage caused to the defendant as a result of the setting aside or modification of an EAPO or the claim being deemed unfounded during proceedings on the substance of the matter. The claimant shall also be liable for any damage caused to the defendant as a result of failure to comply with Article 28(2). 2. The courts of the Member State in which the EAPO was set aside or modified shall establish the extent of the damage referred to in paragraph 1.
Amendment 98 #
2011/0204(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Where the EAPO covers several accounts held by the defendant with one and the same bank, the bank shall implement it only up to the amount specified therein. Where the defendant holds several accounts at one and the same bank, the bank shall preserve each account in turn, in the following order, until such time as the specified amount has been blocked: (a) accounts containing cash which are exclusively held by the defendant and are not payment accounts within the meaning of Article 4(14) of Directive 2007/64/EC; (b) payment accounts within the meaning of Article 4(14) of Directive 2007/64/EC which contain cash and are exclusively held by the defendant; (c) accounts as provided for in Article 29 of this Directive which contain cash and are not payment accounts within the meaning of Article 4(14) of Directive 2007/64/EC; (d) accounts as provided for in Article 29 of this Directive which contain cash and are payment accounts within the meaning of Article 4(14) of Directive 2007/64/EC.
Amendment 100 #
2011/0204(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Where one or more EAPOs or equivalent protective orders under national law have been issued covering several accounts held by the defendant with different banks, whether in the same or in different Member States, the claimant shall have a duty to effect the release of any amount specified therein which exceeds the amount stipulated in the EAPO. Such release shall be effected within 48 hours following the receipt of the first bank's declaration pursuant to Article 27 showing such excess. The release shall be effected through the competent authority of the respective Member State of enforcement. In the event of failure to fulfil this requirement, any liability on the claimant’s part beyond that for providing compensation for damage suffered by the defendant in accordance with Article 12a shall be governed by national law.
Amendment 101 #
2011/0204(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Fees charged for the implementation of the EAPO or of an order pursuant to Article 17(4)(a) shall correspond to single fixed fees which are determined in advance by the Member State where the account is located and which respect the principles of proportionality and non-discrimination and are not higher than the costs actually incurred.
Amendment 102 #
2011/0204(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. Member States shall communicate to the Commission, in accordance with Article 48 whether banks are entitled to recover their costs and, if so, the amount of the fee pursuant to paragraph 2.
Amendment 103 #
2011/0204(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Where the law of the Member State of enforcement so provides, tThe amounts necessary, to ensure the livelihood of the defendant and his family, where the defendant is a natural person, or to ensure the possibility to pursue a normal course of business, where the defendant is a legal person, shall be exempt from the enforcement of the order.
Amendment 104 #
2011/0204(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Member States shall inform the Commission about the specific rules applicable under their national law in these situations, including which amounts or types of receivables held in a bank account are exempt.
Amendment 107 #
2011/0204(COD)
Proposal for a regulation
Article 36
Article 36
If the defendant is a consumer, employee or insured, or a microenterprise within the meaning of Recommendation 2003/61/EC, he may also address the application for review under Articles 34 and 35 to the competent court in the Member State where he is domiciled or established to be notified to the Commission in accordance with Article 48.
Amendment 110 #
2011/0204(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. The unsuccessful party shall bear the costs of the proceedings. However, the court shall not award costs to the successful party to the extent that they were unnecessarily incurred or are disproportionate to the claim. The unsuccessful party shall bear the costs referred to in Article 30.
Amendment 30 #
2010/2307(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that youth unemployment – the causes of which the ILO does not consider to lie in income and non-wage labour cost levels, participatory rights and social protection standards – is a problem that must be overcome and that all employment contracts must provide for unrestricted social rights from the first day on; rejects any proposal to deviate from this principle; considers, to this end, that there is a need for a set of EU rules laying down rights and protection arrangements for atypical and insecure jobs, starting with minimum wages and welfare cover no less favourable than those provided for under standard contracts;
Amendment 80 #
2010/2307(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises that the transition from school, vocational training or higher education to employment must be better prepared through the development of effective educational and careers guidance services and must follow on directly from education or training, and welcomes the ‘European Youth Guarantee’ initiative; believes that social partners and youth organisations should be involved in the development of a sustainable strategy to reduce youth unemployment, in which there must be formal recognition of qualand certifications obtained of skills acquired, in line with the EU’s EQF system, in formal, non-formal and informal learning;
Amendment 119 #
2010/2307(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Takes the view that occupational choices must be less strongly influenced by gender, that measures must be taken to present a comprehensive overview of possible career choices and that the attempt must be made from an early age to interest and support girls, in particular, in mathematical and technical professions, in particular in areas of strategic importance in development terms, such as environment and energy saving;
Amendment 131 #
2010/2307(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Emphasises that an active labour market policy, including publicly funded work programmes for young people, and the creation of new, sustainable and good jobs and new businesses, as well as the promotion of a business culture in schools, incentives for new initiatives, technical assistance for start-ups, administrative simplification to speed up formalities, local service networks to facilitate management, and links with universities and research centres to promote product and process innovation are essential preconditions for successfully tackling youth unemployment, and that the existing funds, such as the European Social Fund, must be targeted more specifically at these objectives;
Amendment 171 #
2010/2307(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Emphasises that young people must be given access to vocational training during working time and that continuous training and lifelong learning must be supported from the very first job.
Amendment 19 #
2010/2301(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the impact which China, as the biggest exporting country, has on the world economy and the responsibility which this entails to comply with minimum social standards; welcomnotes the efforts made by Chinese central and local government in this area, but considers that they still fall far short of what is required; emphasises the importance of a comprehensive law on social protection and health care and strict monitoring of compliance with legislation on employment conditions; underlines the importance of compliance with International Labour Organisation rules and respect for the right to freely form trade unions; considers that all trade agreements between the EU and China should contain a binding clause explicitly requiring the parties to uphold fundamental human rights, workers’ rights as established by ILO standards and the right to freely form trade unions;
Amendment 29 #
2010/2301(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that the ILO should be given responsibility for monitoring observance of these rights;
Amendment 30 #
2010/2301(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses that failure to uphold fundamental human rights, workers’ rights as established by ILO standards and the right to freely form trade unions is first and foremost an unacceptable violation of the principles underpinning civic coexistence, but also seriously distorts competition between businesses operating in different countries;
Amendment 29 #
2010/2278(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Asks for the inclusion of a binding social clause in all relevant slegislative action regarding the Single mMarket legislation, with a view to ensuring that competition rules respect fundamental rights and protectensuring and upholding the right to collective action and the right to strikebargaining action, the right to strike and the right of free association in the context of the four freedoms; demands the establishment of a special social chamber of the ECJ, with judges specialising in labour and social law;
Amendment 49 #
2010/2278(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that any reform of second-pillar pension systems should be aimed at reinforcing and complementing the first pillar, which guarantees adequate pensions; also considers it important to provide tax incentive for the use of third pillar, which should not be considered as alternative to the other two pillars; reminds the Commission that many Member States have a well-functioning first-pillar system in place; urges the Commission to take note of this and to use these examples as benchmarks across the EU;
Amendment 57 #
2010/2278(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to develop a genuine restructuring strategy which actively involves all stakeholders, including workers and their representatives; takes the view that information and consultation procedures pertain to all areas of activity within a company, the strategic decisions and choices made by that company and the anticipation of their impact on employment; believes that this involvement should be extended to all political and legislation initiatives of Single Market Act;
Amendment 76 #
2010/2278(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Welcomes the Commission initiative to enhance corporate governance, with the specific goal of increasing employee involvement and improving the transparency of information provided by businesses, including management remuneration; calls for a coherent approach that involves a regulation setting high minimum standards and promoting information and consultation rights for employees and their representatives, along with boardroom participation rights.;
Amendment 78 #
2010/2278(INI)
Draft opinion
Paragraph 11 b (new)
Paragraph 11 b (new)
11 a. Takes the view that corporate governance must include the adoption of practices of Corporate Social Responsibility and the promotion of positive actions;
Amendment 72 #
2010/2273(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses the importance of collective bargaining in promoting equal rights between migrant and other workers and believes this could prove an important defence against social dumping which, if properly used and respected, will enable guarantees to be maintained regarding the rights and salaries of all workers;
Amendment 73 #
2010/2273(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Considers that enabling migrant workers to enjoy portable social security rights is essential in ensuring that they effectively benefit from the prerogatives they have acquired;
Amendment 131 #
2010/2273(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that, due to the negative effects registered due to the economic crisis, competitive pressure on labour markets increased and, as a result, the way to regain a comparaetitive advantage is by investing in formal and informal education, vocational training, exchanges of working experience and coordinated actions to speed up the process of labour mobility, maintaining and investing still further in a model of competitiveness based on knowledge and social rights;
Amendment 146 #
2010/2273(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission and the Member States to cooperate on achieving higher comparability of school and University curricula and more standardisation of European education, with a view also to promoting mutual recognition of educational qualifications, which is vital; stresses, however, that this is different from the recognition of qualifications for the regulated professions, although it would like to see more liberalised access in general to these professions;
Amendment 55 #
2010/2272(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that the financial expenditure and economic investment in people with disabilities is a long-term return investment for the well-being of all and a society resting on sustainable foundations; in this connection, stresses that it is unacceptable in the context of public austerity measures for cuts to be made to services for disabled persons or to projects for their social inclusion, since this would mean failing to guarantee certain basic and inalienable rights of the disabled; believes that, on the contrary, investment in this area should be increased substantially;
Amendment 84 #
2010/2272(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses in particular the need to ensure full respect for the rights laid down in the Convention on the Rights of the Child in the case of disabled children, including the right to engage in play, the right to education, the right to participate in community life, including cultural life and the arts, the right to the medical care required by their personal circumstances, and the freedom to seek and receive information and ideas; points out in particular that Article 23 of the above convention recognises that disabled children should 'enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child's active participation in the community' and calls for disabled children to have 'effective access to education, training, healthcare services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the child's achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development';
Amendment 200 #
2010/2272(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls for closing the existing gap in the current EU legislation on discrimination concerning protection on the grounds of disability, which is currently limited to employment, occupation and vocational training (2000/78/EC); also calls on the Commission carefully to monitor both the transposition and the effective application of this Directive in the Member States and to intervene in the event that any deficiencies are observed, and to proceed in the same manner in respect of any future legislative initiatives that may be necessary in this field;
Amendment 211 #
2010/2272(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. States that the present education and training systems in general do not prevent a high drop-out rate of people with disabilities; stresses that this leads to intensified social and employment disadvantages among disabled people, especially during the present economic crisis; emphasises that the effective integration of people with disabilities into societey necessitates personalised education and training tailored to their needs, attributes and abilities, and that this calls for the availability of an adequate number of qualified and motivated professionals; notes that the high school dropout rate among people with disabilities highlights the need for more investment in, and a greater focus on, the education and training sector, at all levels, and stresses that it is inevitable that any cuts in this area, in particular as regards support staff for children and young people with disabilities, will further exacerbate the situation;
Amendment 232 #
2010/2272(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Emphasises that efforts must also be made to address the issue of non-formal education and learning for young people with disabilities, including areas such as social relations, the mass media (which should be subject to ever more stringent accessibility requirements, including in relation to subtitling and audio description systems), sport, leisure and outdoor pursuits, according to the specific needs of each child or young person; emphasises that these are not merely crucial tools for the healthy development of each individual, but also inalienable rights recognised by the UN;
Amendment 235 #
2010/2272(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Highlights the fact that all the professionals working with people with disabilities play a valuable role, and believes that this role warrants professional recognition, especially in terms of types of contract (which must ensure continuity by enabling them to gain the necessary skills and put them into practice), enjoyment of rights and decent pay, and must be enhanced by means of appropriate, targeted further training courses; also believes that consideration must be given to the complexity of their work, which requires them to demonstrate empathy, and the particular nature of that work, which necessitates working conditions (including hours, rotas and holidays) that are conducive to a calm and relaxed working environment and interpersonal relationships;
Amendment 239 #
2010/2272(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Stresses that social corporate responsibility could also be an important impetus to the situation of people with disabilities; calls upon actors and stakeholders to support and apply good practices in this field; also calls on the Commission to take action, including legislative measures, to promote the growth of social corporate responsibility, with the goal, inter alia, of developing sophisticated social policies in relation to social inclusion, not least for people with disabilities;
Amendment 249 #
2010/2272(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls upon the Commission and Member States to intensify the general information provided for parents with disabled children in order to include early recognition and support and open up possible solutions for their needs; highlights the importance of state support for the families of people with disabilities, in terms not only of funding but also of ongoing assistance (including childcare services), healthcare provision, psychological support and the sharing of expertise;
Amendment 20 #
2010/2239(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the increasing prevalence of interim or precarious jobs is reducing contributions to pension systems and damaging the stability of those systems and the adequacy of future pensions,
Amendment 61 #
2010/2239(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Sorely misses any mention of SMEs, which are one of the main sources of employment in the EU and can, must and wish to make a major contribution to the sustainability and adequacy of pension systems by creating intersectoral or territorial funds capable of establishing a link between SMEs; stresses that the creation of such intersectoral or territorial funds would make it possible to affiliate temporary workers and thus make them more fully involved in financing pension systems;
Amendment 67 #
2010/2239(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Observes that sound economic and social policies make an important contribution to growth, notably by preserving social cohesion and consumption, to growth, job creation and stability;
Amendment 78 #
2010/2239(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that long-term investment in pension systems requires a positive approach as part of economic governance and more particularly in the Stability and Growth Pact, and in the European Union’s financial and corporate governance legislation;
Amendment 128 #
2010/2239(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recommends the adoption of criteria for flexibility in women’s retirement from work which make it possible to acknowledge the value of caring work performed;
Amendment 146 #
2010/2239(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Considers adequacy to be guaranteed by means of the stability of State social security provision, its equity and solidarity between the genders and generations, by means of the contractual generalisation of the second pillar and by means of tax incentives for the second and third pillars with measures to be taken as the context requires;
Amendment 158 #
2010/2239(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that Member States are themselves responsible for making adequate pension provision for their citizens as part of their social and economic policies, at least maintaining pensions above the poverty threshold;
Amendment 175 #
2010/2239(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that, within the diversity of pension systems, the general systems (first pillar) combined with work-related systems (second pillar) and individual pensions savings schemes (third pillar) afford the best guarantee of adequate pension provision;
Amendment 204 #
2010/2239(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that national budgets are under severe pressure and that many Member States are reviewing the efficiency of expenditure; calls on Member States toConsiders that in view of the current budgetary pressure social spending has played a significant economic and social role in softening the effect of the crisis; considers introducing compensation so that all taxpayers who cannot achieve the level of ambition in the first and second pillars are entitled to a supplementary offset of pension contributions in the second pillar or of contributions to private pension schemes in the this regard that pay-as-you- go schemes have demonstrated their fundamental role in creating solidarity within and between generations; also considers that the second and third pillar; notes that this could also help Member States to establish a three-pillar structureve a supplementary role to play in this regard;
Amendment 219 #
2010/2239(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Considers that tax evasion has become a worrying phenomenon and must be combated as effectively as possible, because it undermines the future adequacy and stability of pension systems;
Amendment 221 #
2010/2239(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Points out that the spread of interim or precarious jobs may have a harmful impact on the adequacy and stability of pensions, particularly for young people, who often have breaks in their careers and contribution paths;
Amendment 399 #
2010/2239(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission to investigate how employees’ right to participate in the second pillar can be facilitated and to make proposals, through enhanced social dialogue, for developing such a pillar where it does not yet exist and a method of governance to ensure that it is managed jointly, particularly with regard to its savings investment strategy;
Amendment 446 #
2010/2239(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Considers that, w members of then pension provision is reublic must be promptly and fully informed, or when there is a changeover from a promisedf the consequences of a reform of pension to a promvised pension arrangemeion, particularly concerning the amount, or from a final salary to a mean salary system, the public must be promptly and fully informed of the consequencesf their own pension and the total number of years of pension contributions due;
Amendment 449 #
2010/2239(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Considers that, when pension provision is reformed, or when there is a changeover from a promised pension to a promised pension arrangement, or from a final salary to a mean salary system, the public must be promptly and fully informed of the consequences; considers that, in this case, the reform must provide for an effective transitional regime which can avoid drastic reductions in benefits;
Amendment 3 #
2010/2160(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers the Structural Funds to be the principal instrument for the overall achievement of Community policies. The independent regulation, management and implementation of each fund, even within the context of policy coordination where it exists, is vital for the achievement of specific objectives and for preventing any misuse of funds;
Amendment 19 #
2010/2160(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that, to ensure the success of the Europe 2020 strategy, EU social and territorial cohesion policies should be closely interconnected within a new framework establishing strong synergies between EU policies and all the structural funds; stresses that the European Social Fund is the only instrument specifically aimed at the labour market and social inclusion, as specified by Article 162 of the TFEU, and that it therefore needs to be strengthened;
Amendment 26 #
2010/2160(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that the ESF, as a support instrument for ongoing training, the acquisition of qualifications and career re-orientation, should be considered an essential resource, which is not in fact being exploited to the full, for the promotion of comprehensive and efficient growth and knowledge-based competitiveness for Europe;
Amendment 27 #
2010/2160(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses that the ESF not only contributes in general terms to achieving all EU2020 Strategy objectives but, more specifically, also constitutes the principal EU funding instrument for projects contributing to two particular objectives of this strategy, increasing employment rates to 75% in the 20–64 age group and raising over 20 million individuals out of poverty;
Amendment 39 #
2010/2160(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers the active participation of the social partners by means of uninterrupted social and territorial dialogue to be of vital importance in using the funds more effectively;
Amendment 40 #
2010/2160(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Stresses that the economic crisis has still further increased the urgent need for measures in the sectors covered by the European Social Fund, promoting in particular employment, career re- orientation, social inclusion and poverty reduction;
Amendment 42 #
2010/2160(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Commission to submit a proposal for reform of the Structural Funds with a view to streamlining procedures and rules for their use, particularly given the non-utilisation of a substantial part of funding made available by the EU, improving the monitoring system and enhancing the transparency of fund allocation in order to make the EU's cohesion policies more visible.
Amendment 46 #
2010/2160(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls for the introduction of incentives to encourage successful results and considers it necessary for funds to be earmarked for clear and measurable objectives according to the purpose of each, thereby making it possible to evaluate performance more accurately;
Amendment 5 #
2010/2156(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises the need to reduce the inequalities faced by practitioners in the cultural and creative sector and to fight discrimination in these sectors, especially as regards pay, jobs that match the level of qualifications, and social security; calls on the Member States toCommission to take measures aimed at introduceing changes to their Member States’ social security systems to meet the needs of practitioners in the cultural and creative sectors, laying down criteria which meet territorial mobility requirements and take due account of the discontinuity of employment specific to this sector;
Amendment 20 #
2010/2156(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers it essential to focus attention on the special employment status of workers in the knowledge, creative and cultural sectors, whose importance to innovation in the EU economy has been emphasised as it should, but without sufficient account being taken of specific features and circumstances stemming from the mobility and discontinuity of employment in such occupations; calls on the Commission, therefore, to give further consideration to such aspects and put forward relevant proposals;
Amendment 21 #
2010/2156(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that culture is a fundamental public good which is essential to the development of all facets of Europe and to overcoming nationalism and barriers of all kinds; considers that the EU should support the cultural and creative industries with specific programmes and guarantee funds;
Amendment 22 #
2010/2156(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Acknowledges the strategic importance of cultural and creative industries to the Europe 2020 strategy, both as a means of promoting cultural identities and in view of their considerable potential for innovation for the benefit of the production sector as a whole, including non-profit organisations, particularly in terms of employment, advanced skills, international competitiveness, the promotion of regions and geographical and cultural resources, and technological innovation;
Amendment 30 #
2010/2156(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that fashion and cultural and sustainable tourism should be added to the sectors identified in the Green Paper as forming part of the CCIs; points out that the two sectors are characterised by a high degree of creativity and an entrepreneurial spirit which has a significant impact on the economy and international competitiveness of the EU;
Amendment 41 #
2010/2156(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission and the Member States to grant artists, authors and creative workers a special employment status and to lay down relevant criteria in appropriate legislative instruments relating to social protection, employment support and access to formal and informal training courses; points out that artists, authors and creative workers are fundamental to CCIs and should be given assistance in fully realising their potential;
Amendment 42 #
2010/2156(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls for appropriate measures to be taken to close the substantial negative gap which characterises women’s work and pay in the CCIs;
Amendment 53 #
2010/2156(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 54 #
2010/2156(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Requests that the Commission call on Member States to expand the framework for recognition of professional qualifications and training courses, not least with a view to including the new skills required in the CCI sector;
Amendment 62 #
2010/2156(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Requests that the Commission call on Member States to support art education and creativity; calls on the Commission, in particular, to include in existing programmes, especially Erasmus, Comenius and MEDIA, specific measures for artists, art school students and teachers and young creative worker, providing for various forms of exchanges, tutoring, mobility and residencies;
Amendment 67 #
2010/2156(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that a highn appropriate level of social protection, and in particular unemployment insurance, is necessary to provide a guaranteed income for those periods without employment natural to the cultural and creative sector, and enable personal and collective emancipation.
Amendment 68 #
2010/2156(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that a high level of social protection, and in particular unemployment insurance, is necessary to provide a guaranteed income for those periods without employment natural to the cultural and creative sector, and enable personal and collective emancipation; considers also that a minimum income can be an appropriate means of guaranteeing such a level of social protection and that this can also be usefully combined with training courses.
Amendment 77 #
2010/2156(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to urge Member States to introduce support measures, such as guarantee funds and tax incentives, for the benefit of cultural and creative businesses, with special reference to the production, distribution and performance of European co- productions.
Amendment 2 #
2010/2099(INI)
Draft opinion
Recital A
Recital A
A. whereas strengthening economic policy coordination and governance has become a crucial necessity in order to foster sustainable and job-creating growth in the EU and to ensure social cohesion,
Amendment 3 #
2010/2099(INI)
Draft opinion
Recital B
Recital B
B. whereas employment policies have a central role to play in stimulating growth and competitiveness as well as in preventing macroeconomic imbalancesin the European social market economy by preventing macroeconomic imbalances and ensuring social inclusion and income redistribution,
Amendment 10 #
2010/2099(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Define at the same time, in an integrated manner, the purposes of the programmes of the Europe 2020 strategy and the Stability and Growth Pact and state how they are to be implemented, so that the employment, social inclusion, growth and competitiveness objectives are achieved, as a matter of priority, with the financial resources provided for in the medium-term objective (MTO), with a view to financial consolidation over the medium and long term.
Amendment 12 #
2010/2099(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. In all budgetary assessments, structural reforms undertaken by Member States should be taken into account, in particular those concerning pension ands, health care reforms, assistance, education and research.
Amendment 18 #
2010/2099(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Ensure that the European Semester enables a genuine and timely contribution by all relevant stakeholdto a structured social dialogue by all relevant stakeholders, in particular the national parliaments and the social partners.
Amendment 19 #
2010/2099(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Establish a macroeconomic social dialogue system in connection with the European Semester, in particular within the euro zone, involving the representatives of the trade unions, businesses, the European Central Bank, the European Parliament, the Commission and the Council.
Amendment 23 #
2010/2099(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Introduce a sound and transparent monitoring and evaluation framework for Employment Guidelines based on EU headline targets, to be followed up with appropriate sub-targets, indicators and scoreboards; these should include: i) a range of complementary environmental and social indicators; ii) information and indicators on income distribution and wealth, on poverty and on the relevant social inequalities; iii) a European sustainable development scoreboard.
Amendment 25 #
2010/2099(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Provide for coordination of wage policies at EU level so that each individual Member State provides adequate and uniform protection from inflation and wage increases are tied to productivity.
Amendment 38 #
2010/2039(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the enormous poverty level does not only affects social cohesion within Europe, but also on our economy since excluding large parts of our society on a permanent bases weakens the competitiveness of our economy and increases the pressure on our public households,
Amendment 51 #
2010/2039(INI)
Motion for a resolution
Recital M
Recital M
M. whereas the role of social protection systems is to ensure the level of social cohesion needed for development guaranteeing social inclusion and mitigating the social repercussions of the financial crisis, which also implies improving the level of training of those people excluded from the labour market and guaranteeing equal opportunities in the exercise of fundamental rights,
Amendment 52 #
2010/2039(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas introducing and strengthening minimum income schemes is an important and effective way to overcome poverty by supporting social integration and access to the labour market and allowing people to have a decent living,
Amendment 54 #
2010/2039(INI)
Motion for a resolution
Recital M b (new)
Recital M b (new)
Mb. whereas minimum income schemes are an important tool to offer security for people needing to overcome the consequences of social exclusion and unemployment and to support the access to the labour market, whereas such minimum income schemes play a relevant role in redistributing wealth and ensuring solidarity and social justice and, especially in times of crisis, a counter- cyclical role by providing additional resources to strengthen demand and consumption in the internal market,
Amendment 85 #
2010/2039(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Asks the Commission to present a European framework directive on Minimum Income with the aim to introduce minimum income schemes in the EU, such a directive should: - require all EU Member States to introduce minimum income schemes, - define a minimum standard for the level of the economic supply, taking into account the different socio-economic situations of the Member States and leaving up to the Member States to decide whether to provide only financial assistance or also support for housing costs, purchase of food, clothing and other essentials, - establish methods to monitor the implementation of the directive and introduce incentives, - determine that the social partners, people living in poverty and other relevant stakeholders are to be involved when establishing or reforming the national minimum income schemes;
Amendment 87 #
2010/2039(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that minimum income schemes should be embedded in a strategic approach towards social integration, involving both general policies and targeted measures - in terms of housing, health care, education and training, social services - helping people to recover from poverty and to activate themselves towards social inclusion and access to the labour market; believes that the real objective of minimum income schemes in not simply to assist but mainly to accompany the beneficiaries to move from situations of social exclusion to active life;
Amendment 88 #
2010/2039(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to use its right of initiative to propose a framework directive establishing the principle of an adequate minimum income in Europe, to be determined on the basis of criteria common to all the Member States and in keeping with national collective bargaining practices or national law;
Amendment 91 #
2010/2039(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Believes that introducing minimum income schemes in all EU Member States - consisting of specific measures supporting people whose income is insufficient with an economic supply and facilitated access to services - is one of the most effective way to combat poverty, guarantee an adequate standard of living and foster social integration;
Amendment 92 #
2010/2039(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Takes the view that adequate minimum income schemes must set minimum incomes at a level equivalent to at least 60% of average income in the Member State concerned;
Amendment 95 #
2010/2039(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Reiterates that, however important, minimum income schemes need to be accompanied by a coordinated strategy at national and EU level focusing on broad actions and specific measures such as active labour market policies for those groups furthest away from the labour market, education and training for the least skilled, minimum salaries, social housing policies and the provision of affordable, accessible and high quality public services;
Amendment 96 #
2010/2039(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Notes that, if no Commission legislative proposal is forthcoming, the concept of an adequate minimum income can be promoted by means of closer cooperation among the Member States which support the idea and/or through incentives, such as a stipulation that the provision of assistance under the Structural Funds will be made contingent on the existence of such a minimum income in the Member State concerned;
Amendment 97 #
2010/2039(INI)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Is convinced that if no agreement is found within the Council on adopting such a directive, the emergence of a group of countries moving ahead in the framework of an enhanced cooperation should be envisaged;
Amendment 108 #
2010/2039(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the promotion of social integration and inclusion, in order to guarantee protection of fundamental human rights, and clear commitments to draw up EU and national policies to combat poverty and social exclusion, by ensuring universal access to public health services, vocational education and training, housing and social protection, in addition to employment with rights, fair wages, decent pensions and an adequate minimum income for everyone, in keeping with national collective bargaining practices or national law; notes, further, that in the long term the more the Member States invest in these various policies the less need there will be for a system based on a minimum household income;
Amendment 122 #
2010/2039(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the European Commission, in its ‘Europe 2020’ strategy document, announces that removing the risk of poverty for 20 million people is one of the EU’s five headline targets; believes that this absolute target should be at least doubledcombined with a target of reducing poverty by at least 25% in each Member State, in order to encourage every Member State to contribute to the task of achieving it, and made more credible with appropriate measures;
Amendment 126 #
2010/2039(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the European Commission, in its "Europe 2020" strategy document, announces that removing the risk of poverty for 20 million people is one of the EU's five headline targets; believes that this target should be at least doubled and made more credible with appropriate measurchieved through concrete and appropriate measures, in particular by introducing minimum income schemes in all EU Member States;,
Amendment 137 #
2010/2039(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that the various experiments with minimum incomes, accompanied by social integration measures, show that this is a further essential way of combating poverty and social exclusion; therefore calls on the European Commission: to prepare an initiative supporting these experiments, taking into account best practices and ensuringdevelop an action plan, meant to accompany the implementation of the European framework directive on Minimum Income in the EU Member States, in order to elaborate: - common standards and indicators on the eligibility and adequate minimum income throughout the European Union as a means to prevent poverty and guarantee social justice and equal opportunities for all, without calling into question the specific situations in each Member State;ccessibility conditions of the minimum income schemes - criteria to evaluate which institutional and territorial levels - including the involvement of social partners and relevant stakeholders - could be more appropriate to implement the minimum income schemes measures, - common indicators and benchmark for the assessment of results, outcomes and effectiveness of policy against poverty, - to ensure follow up and effective exchange of best practices,
Amendment 147 #
2010/2039(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that the various experiments with minimum incomes, accompanied by social integration measures, show that this is a further essential way of combating poverty and social exclusion; therefore calls on the European Commission to prepare an initiative supporting these experiments, taking into account best practices and ensuring an adequate minimum income throughout the European Union as a means to prevent poverty and guarantee social justice and equal opportunities for all, without calling into question the specific situations in each Member State, in keeping with national collective bargaining practices or national law;
Amendment 160 #
2010/2039(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the urgent need to define and use appropriate economic and social indicators in various areas, such as (health, housing, education, income and(for example the Gini coefficient, which can be used to measure income gap trends), material privation or employment), which will allow the progress made in combating poverty and promoting social inclusion to be monitored and measured; states that these indicators should be presented annually on International Day for the Eradication of Poverty (17 October), should evolve as necessary and should include gender, age ranges, households, disability situations, immigration, chronic illness and various income levels (60% of median income; 50% of median income; 40% of median income) in order to take account of relative poverty, extreme poverty and the most vulnerable groups;
Amendment 168 #
2010/2039(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Takes the view that, in respect of the poverty reduction policies which accompany the establishment of an adequate minimum income in the Member States, the open method of coordination should be revised in order to make for a genuine exchange of best practices among the latter;
Amendment 177 #
2010/2039(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges those people in a state of poverty and, their representative organisations and the social partners to participate in the preparation and application of policies, measures and indicators at European, national, regional and local levels;
Amendment 59 #
2010/0210(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Also as a consequence of the crisis, the high unemployment rate and the great number of long-term unemployed people living in the EU, for whom seasonal work is often an important tool for easing financial difficulties, Member States should have the possibility to apply a test every year demonstrating that a post cannot be filled from within the domestic and the Union labour market.
Amendment 71 #
2010/0210(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In the absence of a system for declaring collecaddition to the legislative, agreements of universal application, Member States may base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned,dministrative and regulatory provisions applicable to workers who are nationals of the host Member State, arbitration decisions and/or collective agreements which have been concluded byand contracts concluded at any level, in accordance with the mhost representative employers' and labour organisations at national level and which are applied throughout national territoryMember State’s national law and practice, should also apply to third-country national seasonal workers under the same terms as to nationals of the host Member State.
Amendment 92 #
2010/0210(COD)
Proposal for a directive
Article 3 – point c
Article 3 – point c
(c) ‘activity dependent on the passing of the seasons’ means an activity that is tied to a certain time of the year by an event or pattern during which labour levels are required that areof events linked to seasonal conditions during which the required labour levels are regularly and predictably far above those necessary for usually ongoing operations;
Amendment 98 #
2010/0210(COD)
Proposal for a directive
Article 3 – point f
Article 3 – point f
f) ‘universally applicable collective agreements and contracts’ means all collective agreement which must be observed by all undertakings in the geographical area and in the profession or industry concerned. In the absence of a system for declaring collective agreements to be of universal application,s or contracts concluded at any level, in accordance with the host Member State’s may, if they so decide, base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or collective agreements which have been concluded bynational law and practice, and applicable to workers who are nationals of the mhost representative employers' and labour organisations at national level and which are applied throughout national territoryMember State.
Amendment 114 #
2010/0210(COD)
Proposal for a directive
Article 14
Article 14
Member States shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from adequate accommodation, pursuant to national legislation and practice, that ensures an adequate decent standard of living. If seasonal workers are required to pay rent for such accommodation, its cost shall not be excessive in relation to their remunerationAs a minimum, such accommodation shall provide the inhabitants with adequate space, shall protect them from the elements and other threats to health, shall be safe and well maintained, and shall provide the facilities essential for health, security, comfort and nutrition such as safe drinking water, systems for cooking, heating and lighting, sanitation and washing facilities, means of food storage and refuse disposal. The location of the accommodation and the surrounding transport infrastructure shall allow access to basic services, including basic health and social services.
Amendment 136 #
2010/0210(COD)
Proposal for a directive
Article 16 – point 1 – subparagraph 1
Article 16 – point 1 – subparagraph 1
1. terms of employment – that is, the minimum working age, restrictions on home-working and all other matters regarded as terms of employment according to the host Member State’s law and national practice – and working conditions, including pay and dismissal, working hours and holidays as well as health and safety requirements at the workplace, applicable to seasonal work as laid down by law, regulation or administrative provision and/or universally applicable collective agreements in the Member State to which they have been admitted according to this Directivor by arbitration decisions, collective agreements and contracts concluded at any level, in accordance with the host Member State’s national law and practice and under the same terms as those applicable to nationals of the host Member State.
Amendment 138 #
2010/0210(COD)
Proposal for a directive
Article 3 – point c
Article 3 – point c
(c) ‘activity dependent on the passing of the seasons’ means an activity that is tied to a certain time of the year by an event or pattern during which labour levels are required that areof events linked to seasonal conditions during which the required labour levels are regularly and predictably far above those necessary for usually ongoing operations;
Amendment 145 #
2010/0210(COD)
Proposal for a directive
Article 16 – point 2 – point a
Article 16 – point 2 – point a
(a) freedom of association and affiliation and membership of an organisation representing workers or of any organisation whose members are engaged in a specific occupation, including the rights and benefits conferred by such organisations, inter alia the right to negotiate and conclude collective agreements and the right to strike and take industrial action, in accordance with the host Member State’s national law and practice, without prejudice to the national provisions on public policy and public security;
Amendment 257 #
2010/0210(COD)
Proposal for a directive
Article 14
Article 14
Member States shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from adequate accommodation that ensures an adequate standard of living. If seasonal workers are required to pay rent for such accommodation, its cost shall not be excessive in relation to their remuneration, pursuant to national legislation and practice, that ensures a decent standard of living.
Amendment 265 #
2010/0210(COD)
Proposal for a directive
Article 14 - paragraph 1 a (new)
Article 14 - paragraph 1 a (new)
1a. As a minimum, such accommodation shall provide the inhabitants with adequate space, shall protect them from the elements and other threats to health, shall be safe and well maintained, and shall provide the facilities essential for health, security, comfort and nutrition, such as safe drinking water, systems for cooking, heating and lighting, sanitation and washing facilities, means of food storage and refuse disposal. The location of the accommodation and the surrounding transport infrastructure shall allow access to basic services, including basic health and social services.
Amendment 58 #
2010/0209(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Equal treatment should be granted under national law in respect of those branches of social security defined in Article 3 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems. Since this Directive is without prejudice to provisions included in bilateral agreements, the social security rights enjoyed by third country national intra- corporate transferees on the basis of a bilateral agreement concluded between the Member State to which the person has been admitted and his or her country of origin could be strengthened compared to the social security rights which would be granted to the transferee under national law. This Directive should not confer more rights than those already provided for in existing Union legislation in the field of social security for third-country nationals who have cross-border interests between Member States.
Amendment 65 #
2010/0209(COD)
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) Member States should ratify without delay the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by the General Assembly of the United Nations on 18 December 1990.
Amendment 67 #
2010/0209(COD)
Proposal for a directive
Recital 29 b (new)
Recital 29 b (new)
(29b) This Directive should apply without prejudice to the rights and principles contained in the European Social Charter of 18 October 1961 and the European Convention on the Legal Status of Migrant Workers of 24 November 1977.
Amendment 168 #
2010/0209(COD)
Proposal for a directive
Article 14 – point 2 – point c
Article 14 – point 2 – point c
(c) without prejudice to existing bilateral agreements, provisions in national law regarding the branches of social security as defined in Article 3 of Regulation (EC) No 883/2004. In the event of mobility between Member States and without prejudice to existing bilateral agreements, Council Regulation (EC) No 859/2003 shall apply accordingly;
Amendment 177 #
2010/0209(COD)
Proposal for a directive
Article 14 – point 2 – point d
Article 14 – point 2 – point d
(d) without prejudice to Regulation (EC) No 859/2003 and to existing bilateral agreements, payment ofthird-country workers moving to a third country, or the survivors of such workers residing in a third-country deriving rights from the worker, shall receive, in relation to old-age, invalidity and death, statutory pensions based on the worker’s’ previous employment when movingand acquired in accordance with the legislation set out in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as the nationals of the Member States concerned when they move to a third country;
Amendment 132 #
2010/0115(NLE)
Proposal for a decision
Article 2 – paragraph 1
Article 2 – paragraph 1
The guidelines in the Annex shall be taken into accountimplemented in the employment policies of the Member States, which shall be reported upon in national reform programmes. Member States should design reform programmes consistent with the objectives set out in the ‘Europe 2020 integrated guidelines’.
Amendment 155 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph 1
Annex – Guideline 7 – paragraph 1
Member States should integrate the flexicurity principles endorsed by the European Council into their labour market policies and apply them, making full use of European Social Fund support with a view to increasing labour market participation and combating segmentation and inactivity, gender inequality, whilst reducing structural unemployment. Measures to enhance flexibility and security should be both balanced and mutually reinforcing. Member States should therefore introduce a combination of flexible and reliable employment contracarrangements detailed in contracts affording all workers, irrespective of their legal status, a number of basic rights, active labour market policies, effective lifelong learning, policies to promote labour mobility, and adequate social security systems to secure professional transitions accompanied by clear rights and responsibilities for the unemployed to actively seek work.
Amendment 175 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph 2
Annex – Guideline 7 – paragraph 2
Member States should step up social dialogue and tackle labour market segmentation with measures addressing temporary and precarious employment, that seek to reduce the incidence of in-work poverty and social exclusion, underemployment and undeclared work. Professional mobility should be rewarded. The quality of jobs and employment conditions should be addressed by fighting low-wages, by promoting training and by ensuring adequate social security also for those on fixed contracts and the self- employed. Employment services should be strengthened and open to all, including young people and those threatened by unemployment with personalised services targeting those furthest away from the labour market.
Amendment 189 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph 3
Annex – Guideline 7 – paragraph 3
In order to increase competitiveness and raise participation levels, particularly for the low-skilled, and in line with economic policy guideline 2, Member States should review tax and benefit systems and the capacity of public services to provide the necessary supportsystems, reducing the taxation of labour, and should implement targeted policies addressing demographic challenges that provide strong support for social reproduction and enable immigrants to enter the labour market, raising employment levels in order to provide the necessary funding for adequate and sustainable social security systems and accessible, high-quality public services. Member States should increase labour force participation through policies to promote active ageing, gender equality and equal pay and labour market integration of young people, disabled, legal migrants and other vulnerable groups. Work-life balance policies with the provision of affordable care and innovation in work organisation should be geared to raising employment rates, particularly among youth, older workers and women, in particular to retain highly-skilled women in scientific and technical fields. Member States should also remove barriers to labour market entry for newcomers, support self-employment and job creation in areas including green employment and care and promote social innovation.
Amendment 225 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 8 – paragraph 1
Annex – Guideline 8 – paragraph 1
Member States should promote productivity and employability through an adequate supply of knowledge and skills to match current and future demand in the labour market, so as to provide individuals, at all stages in their lives, with more and better qualifications and vocations skills, which are a precondition for effective and sustainable growth. Quality initial education and attractive vocational training must be complemented with effective incentives for lifelong learning, second-chance opportunities, ensuring every adult the chance to move one step up in their qualification, and by targeted migration and integration policies. Member States should develop systems for recognising acquired competencies, remove barriers to occupational and geographical mobility of workers, promote the acquisition of transversal competences and creativity, and focus their efforts particularly on supporting those with low skills and increasing the employability of older workers, while at the same time enhance the training, skills and experience of highly skilled workers, including researchers.
Amendment 257 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 9 – paragraph 1
Annex – Guideline 9 – paragraph 1
Amendment 278 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 10 – paragraph 1
Annex – Guideline 10 – paragraph 1
Member States’ efforts to reduce poverty and foster social inclusion should be aimed at promoting full participation in society and economy and extending employment opportunities, making full use of the European Social Fund. Efforts should also concentrate on ensuring equal opportunities, including through access to affordable, sustainable and high quality services and public services (including online services, in line with guideline 4) and in particular health care. Member States should put in place effective anti- discrimination measures. Equally, to fight social exclusion, empower people and promote labour market participation, social protection systems, lifelong learning and active inclusion policies should be enhanced to create opportunities at different stages of people’s lives and shield them from the risk of exclusion. Social security and pension systems must be modernised to ensure that they, adapted to new forms of discontinuous and flexible employment and backed up by universal guaranteed minimum income schemes, to be coordinated, inter alia, by means of an EU framework directive laying down access criteria, eligibility requirements and common accompanying measures, that can be fully deployed to ensure adequate income support and priority access to healthcareservices of general interest such as healthcare and training — thus providing social cohesion and job opportunities — whilst at the same time remaining financially sustainable. Benefit systems should focus on ensuring income security during transitions and reducing poverty, in particular among groups most at risk from social exclusion, such as one- parent families, minorities, people with disabilities, children and young people, elderly women and men, legal migrants and the homeless. Member States should also actively promote the social economy and social innovation in support of the most vulnerable.
Amendment 73 #
2009/2222(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that SSGIs play an important part in meeting the Europe 2020 strategy objectives and that watering them down means severely jeopardising the success of that strategy;
Amendment 89 #
2009/2222(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers it important, in this connection, to emphasise that processes for the privatisation of SSGI provision are not necessarily beneficial in economic terms, in terms of the quality of the services provided and in terms of meeting the objectives laid down;
Amendment 125 #
2009/2222(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses, furthermore, that all transfers of competence for SSGIs from Member States to local or regional authorities require the introduction of coordination arrangements, in order to avoid any disparities in the quality of the services provided in the various areas, and must go hand-in-hand with the transfer of the resources required to ensure the continued provision of high-quality universal services that can fulfil the rights and needs of users in an effective manner;
Amendment 134 #
2009/2222(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that, not least in order to maintain the delivery of quality SSGI, the Member States need new income streams, such as a financial transaction tax; takes the view, accordingly, that, as called for by Parliament in its resolution of 8 March 2011 on innovative financing at global and European level, a financial transaction tax, the proceeds of which would be a significant source of revenue for the EU budget and for the Member States, should be introduced alongside other measures;
Amendment 164 #
2009/2222(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for clarification of basic principles on the control of state aid, and for a review of the criteria for calculating compensation of public service obligations – a calculation that should take account of, among other things, social criteria, the specific features of the service provider and a number of external considerations relating to the provision of services, such as social added value and community involvement; believes that instances of under-compensation of SSGI providers should also be taken into consideration and compared;
Amendment 216 #
2009/2222(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls for redefinition of the concept of ‘most economically advantageous offer’ so as to make national and local social criteria – with particular reference to working and pay conditions, health protection and inclusion – environmental criteria and quality criteria for the delivery of SSGI an obligatory requirement in procurement contracts, including subcontracts;
Amendment 268 #
2009/2222(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Emphasises that full respect for workers’ rights, the development of collective bargaining and social dialogue, decent, stable working and pay conditions and quality continuing training are essential for the delivery of quality social services; considers that steps should be taken to combat undeclared and illegal employment, particularly in the healthcare sector; points out that while volunteers have a valuable role to play they cannot take the place of an adequate number of professionally trained staff in the SSGI sector;
Amendment 2 #
2009/2220(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the Charter of Fundamental Rights, in particular to Article 30 on protection in the event of unjustified dismissal, Article 31 on fair and just working conditions, and Article 33 on family and professional life,
Amendment 8 #
2009/2220(INI)
Motion for a resolution
Recital A
Recital A
A. whereas non-standard employment, such as part-time, casual or fixed-term work, temporary agency work, self- employment, independent or home working and teleworking, has grown significantly since 1990 while continuing to band the jobs lost as a result of the pregarded as ‘atypical’ employmentsent economic crisis were primarily those in the atypical sector,
Amendment 18 #
2009/2220(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the financial and economic crisis may lead to unstable labour markets and rising social exclusion, which has turned into a serious employment crisis with a huge loss of jobs, may lead to unstable labour markets and rising social exclusion, exacerbated by the growing pressure of precarious labour relations on present employment flows,
Amendment 22 #
2009/2220(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a substantial and complementary EU approach, focusing strongly on effective governance and a mutually supportive mix of policy measures in the fields of economic, environmental, employment and social policies, should be developed,
Amendment 25 #
2009/2220(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the unemployment rate within the EU 27 has risen to 10% (2009), which is the same level as that in the USA, and unemployment is unlikely to peak before the second half of 2010, and in 2009 temporary and atypical jobs were the first to be affected,
Amendment 29 #
2009/2220(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the transition rate between unemployment and employment is high, a third of the unemployed and 10% of the inactive population finding jobs within one year, but a large number of workers, especially those in atypical employment, lose their jobs without finding new ones,
Amendment 33 #
2009/2220(INI)
Motion for a resolution
Recital I
Recital I
I. whereas, in the EU 27, 45% of all periods of unemployment last longer than one year, compared with about 10% in the USA,
Amendment 38 #
2009/2220(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the assessment of flexicurity is complex and a holistic approach is essential, showespecially ing the combination of and interaction between the four dimensions of contractual arrangements, lifelong learning, actilight of the changes which the present crisis may also induce in the behaviour of companies by inciting them to engage in ever labour market policies and modern social sess protected, highly precuarity systemous labour relations,
Amendment 41 #
2009/2220(INI)
Motion for a resolution
Recital M
Recital M
M. whereas, within employment policies, equal opportunities for women and men, and the reconciliation of professional, educational and family life, need to be actively promoted,
Amendment 44 #
2009/2220(INI)
Motion for a resolution
Recital N
Recital N
N. whereas, while the social dialogue has developed in different ways across Europe, overall the mounting economic and financial difficulties haveshould lead to intensified tripartite dialogue,
Amendment 50 #
2009/2220(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls upon the 2010 spring European Council for clear guidance and concrete measures towards safeguarding employment and creating job opportunities in the framework of an ambitious EU2020 Strategy that takes account of the impact of the crisis on the economy, production, society and the labour market;
Amendment 59 #
2009/2220(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 65 #
2009/2220(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the wide variety of labour traditions, contractual forms and business models existing in labour markets;
Amendment 70 #
2009/2220(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that all working people regardless of their precise employment status should be guaranteed a set of core rights; Recommends that the priorities for labour law reform, where it is needed, should focus, in particular, on: extension of the protection of workers in atypical forms of employment; clarification of the situation of dependent employment; action against undeclared work; and the facilitation of transitions between various situations of employment and unemployment, the facilitation of transitions from atypical contacts of employment to permanent employment contracts;
Amendment 80 #
2009/2220(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Encourages the clarification of the situation of dependent employment and calls on the Commission to develop clear guidelines on the scope of the employment relationship as recommended by the ILO in its 2006 Recommendations;
Amendment 82 #
2009/2220(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Encourages Member States to develop new modes of access to employment through the framing of new labour law provisions covering, for example, "distance working", "specified-purpose" contracts and "mission" contractpromote transitions into productive and rewarding quality jobs;
Amendment 92 #
2009/2220(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that the increase in the proportion of non-standard or atypical contracts has a strong gender and intergenerational dimension, as women, older and also younger workers are disproportionately represented in non-standard employment; calls upon the Member States and the Commission to combat and monitor the imbalance by facilitating the transition towards permanent employment and, in particular, by promoting measures to reconcile work, family and private life both for men and women;
Amendment 97 #
2009/2220(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls upon the Member States to ensure better implementation of Directive 97/81/EC and Directive 99/70/EC having regard in particular to the fundamental principle of non discrimination; Stresses the importance of training and life long learning to facilitate job transitions, which is especially important for fixed term workers;
Amendment 102 #
2009/2220(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that non-standard forms of workNotes that atypical forms of employment must contractually provide workers with the right to a course of training and stresses that non-standard forms of work can, if they are properly protected and include support for transition to stable protected employment, constitute an opportunity but must go hand in hand with support for workers who find themselves in situations of transition from one job or employment status to another;
Amendment 109 #
2009/2220(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages the Member States to develop active intervention policies giving workers who re-enter the labour market an entitlement to individual support during the period strictly necessary for them to become more employable through training and requalification; unemployed people should be supported both by a solid system of welfare benefits and by an efficient system of active policies, so that they can re-enter the labour market quickly even if their previous contracts awere atypical, the most important consideration being to keep people in the labour market and facilitate their transition to stable, protected, high- quality forms of employment;
Amendment 120 #
2009/2220(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls upon the Union and the Member States to eradiccombate illicit employment and believes that implementation of flexicurity strategies can help in fighting illicit employment and in making ‘very atypical’ forms of work less precardefinition of strategies, including at European level, that oppose illicit employment and encourage the emergence and regularisation of illegal workers, can help in fighting illicit employment and in reducing precarious labour relatiouns;
Amendment 130 #
2009/2220(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the need to create stable, high- quality jobs, including green jobs, and to ensure social cohesion; considers, therefore, that people are more likely to accept the efforts required of them if those efforts are perceived to be fair and to facilitate employment and social integration;
Amendment 140 #
2009/2220(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that flexicurity should be defined as combining flexibility and securityit essential that current thinking on flexicurity be updated at European level in the light onf the labour marketpresent crisis, so as to help increase both productivity and the quality of jobs by guaranteeing security and the protection of employment and workers’ rights, while allowing firms the organisational flexibility needed to create jobs in response to the changing needs of the market; is of the opinion that flexibility and security requirements are not contradictory and arcan be mutually reinforcing if established through fair confrontation of the views of the social partners, governments and the European institutions;
Amendment 148 #
2009/2220(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission to pursue its efforts to achieve balanced implementation of flexicurity policies by putting forward an analysis of the situation to date regarding implementation in the various Member States and by checking that flexibility measures have been properly accompanied by security measures for workers, and to assist Member States and social partners in implementing the principles of flexicurity so that they are applied with respect for acquired social rights at European level and in accordance with the specific nature of the various labour markets and the differing traditions with regard to labour policies and collective bargaining and the structure of the social security systems, and points out that reciprocal learning, exchange of good practices and the open coordination method are essential tools for coordinating the varying strategic approaches of the Member States.
Amendment 153 #
2009/2220(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Believes that, especially in the context of the present economic situation, implementupdating thinking on flexicurity at European level and taking stock of its implementation in the Member States is even more necessary, recalls that application of flexibility principles requires ambitious structural reforms based on a solid consensus;
Amendment 164 #
2009/2220(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that companies do not trustinvest enough in the labour market and regard it as unreliablestresses the importance, in the context of the current economic crisis, and that they lackof the development of long- term vision by the European production system;
Amendment 167 #
2009/2220(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Considers that the right mix of policy measures is necessary, addressing flexibility and security dimensions, and including in particular labour law and contractual arrangements, effective and high quality active labour market policies, lifelong learning policies, efficient and sustainable social security systems, and social dialogue; Considers in addition that flexicurity must also be accompanied by sound macroeconomics policies, favourable business environment, adequate financial resources and the provision of good working conditions;
Amendment 168 #
2009/2220(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Recalls the key recommendations of the European Social Partners according to which Member States together with social partners should review and if necessary adjust the design of labour law and job protection systems, with a view to ensuring an optimal balance between flexibility and security for all employment relationships; developing complementary employment security measures promoting transitions into productive and rewording jobs; enhancing legal certainty and transparency for both employers and workers with regard to the scope, coverage and enforcement of labour law; implementing and respecting at national level the principles and rules of European social Directive, as well as the basic principles of equal treatment and non discrimination; promoting stable employment relationships and sustainable labour market practices; putting in place the framework to develop workplace practices improving the work/ life balance;
Amendment 169 #
2009/2220(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Emphasises the importance of preventing, detecting and sanctioning illicit employment; calls on the Commission to elaborate a set of concrete initiatives, including specific rules to tackle “letter box companies”, joint and several liability in subcontracting chains and the creation of an EU Agency to prevent and detect illicit employment;
Amendment 171 #
2009/2220(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls, in the context of modern work organisation, for the creation of flexible and secure contractual arrangements; nevertheless believes that employment contracts of an indefinite duration should stay the main form of employment, while bearing in mind that some people prefer atypical contracts, especially for students or young people who need a diversity of experienceBelieves that employment contracts of an indefinite duration should stay the main form of employment and considers that, in the context of modern work organisation, provision should be made for contracts that are flexible in terms of working arrangements and secure with regard to job protection and rights;
Amendment 184 #
2009/2220(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Firmly believes that, taking into account the different traditions in Member States, any form of employment should be accompanied by a core of rights, which should include: equal treatment in employment, training and career development, workers’ health and safety protection and provisions on working/rest time, pension rights, freedom of association and representation, collective bargaining, collective action and access to training, protection in the event of loss of employment;
Amendment 189 #
2009/2220(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for the EU and the Member States to step up their efforts to invest in skills and training to support stable and sustainable employment; therefore calls upon the Member States to invest in people by vigorously implementing and financing lifelong learning strategies;
Amendment 194 #
2009/2220(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls upon the Member States to implement policies that enable people to balance flexible work and family life better, ensuring, for example, that the opening hours of childcare facilities are tailored to working hours and that, in general, the opening hours of public institutions are structured to meet the requirements of the local population, especially working people, and are organised in such a way as to protect the rights of those who work in those services, of whom women are often the majority;
Amendment 198 #
2009/2220(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Strongly recommends that the EU employment initiative should include early intervention in support of the unemployed at the moment when jobs are actually lost, not least in order to reduce the risk of people becoming excluded from the labour market and the loss of the human capital they constitute;
Amendment 202 #
2009/2220(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls upon the Commission and the Member States to eliminatminimise administrative burdens in order to facilitate the business environment, especially for SMEs;
Amendment 211 #
2009/2220(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls upon the Member States to report on the state of play regarding thinking on and implementation of flexicurity pathways;
Amendment 215 #
2009/2220(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Believes that the formal recognition of the role of the social partners in the new Treaty constitutes progress, as it recognises their autonomy and reaffirms the importance of their supportrole in promoting the social dialogue;
Amendment 219 #
2009/2220(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Believes that the contribution of the European and national social partners to achieving the EU2020 Strategy is particularly important with regard to reaching the employment targets and updating and implementing the flexicurity agenda;
Amendment 221 #
2009/2220(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 239 #
2009/2220(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Believes that collective bargaining has proven to be an effective instrument for maintaining employment and that it allows companiemployers and employees to find flexibleefficient solutions to deal with the economic downturn; notes in this regard the importance of strong consensus between the social partners in national systems where labour law protection is set to a minimum;
Amendment 2 #
2009/2177(INI)
Motion for a resolution
Recital A
Recital A
A. whereas, irrespective of the type of company or the sector in which it operates, a number of questions related to companies’ management are important in the general context of the deontology of business conduct, such as the duty of care, transparency, risk managementcorporate social responsibility, risk management, the economic sustainability of financial investment decisions, board practices or the exercise of shareholders’ rights; whereas the recent financial crisis showed that those questions need to be continuously analysed in order to help find solutions allowing companies to face current challenges and to help promote economic growth and higher employment within the EU,
Amendment 5 #
2009/2177(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the crisis also showed close links between risk management and remuneration policy and the importance of the latter in the mechanisms governing the proper functioning of companies; for this reason risk management should be duly taken into account when devising remuneration policy in a way that does not result in undermining the incentive system but rather in ensuring that if there are strong incentives care is taken to provide equally strong risk management systemsso as to enable strong risk management systems to be built into a broader, balanced approach to governance,
Amendment 12 #
2009/2177(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that the European Union and the world needs a new social and environmental businessproduction model based on the long term which takes into account the general interest and the interest of the workers and a new financial architecture based on a system of prudential and ethical rules and on national and European supervisory authorities with binding powers; believes that the financial sector should respond to the needs of the real economy, contribute to sustainable growth and demonstrate greater social responsibility, in particular by using employment- and training-friendly resources;
Amendment 12 #
2009/2177(INI)
Motion for a resolution
Recital I
Recital I
I. whereas some aspects of principles contained in the recommendations aremain unclear of paramount importance and have to be properly translated into practice, such as the concept of performance criteria, which should help in creating the link between pay and performance, the notion of ‘inadequate performance’ in the case of termination payments, the termination payment and variable components of remuneration in the financial services sector,
Amendment 13 #
2009/2177(INI)
Motion for a resolution
Recital J
Recital J
J. whereas, given the recurring difficulties in defining the link between pay and performance, the focus should be on the effectiveness of the process in which remuneration policy is determined and on transparency, both of which should be based on sound governance defined and assessed by reference to an appropriate time-frame oriented towards the medium to long term so as to avert dangerous, unsustainable risk management policies geared to the short term (if not the very short term), with defined, separated roles and the responsibilities of those involved,
Amendment 15 #
2009/2177(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Endorses the principles set out by the Commission in its recommendations of 30 April 2009 on, first, the structure and governance of the remuneration of directors of listed companies and, second, the structure of remuneration, the process of design and operation of remuneration policy (governance), transparency of remuneration policy and supervisory review (supervision) in the financial sector; and calls for these recommendations to be appropriately taken into account in the revision of Directive 2006/49/EC;
Amendment 16 #
2009/2177(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that the measures referred to concerning policies on the remuneration of managers of banks and credit institutions cannot merely remain recommendations but should be converted into binding measures linked to a system of supervision and penalties, with the aim of ensuring that the variable element of remuneration (bonuses, stock options and incentives) does not necessitate business investment and management policies which are excessively risky and divorced from their impact on the real economy;
Amendment 17 #
2009/2177(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that policies on remuneration whose purpose is sound and sustainable business management have not only an ethical rationale but also a specifically economic rationale, as such policies directly affect the preservation of the assets and the development prospects of the undertakings themselves, and of the economy in general, the preservation of employment and the creation of additional employment – as required by correct and effective corporate social responsibility;
Amendment 19 #
2009/2177(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the need for proportionality of remuneration within companies by linking changes in the overall remuneration and pensions of directors to those of staff and to the results achieved by the company and by discouraging excessive risk-taking, and; considers that, for reasons of social justice, wishes to see the salaries, bonuses and economic sustainability, the composition, structure and level of remuneration and of pensions of the directors of listed companies, companies with public participation and/or companies receiving aid from the Member States or from the European Union capped and subject to high and progressivmust comply with the binding criteria laid down by the national and European competent authorities and must be subject to adequate taxation;
Amendment 26 #
2009/2177(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is convinced that, for the purpose of defining policies on the remuneration of management and by subsequently assessing these policies in relation to the management and development of the undertaking, it is necessary also to consider non-financial criteria, such as the attainment of objectives based on social and environmental responsibility, to be assessed over a sufficiently long period to be significant; stresses that the management of undertakings and policies on remuneration must respect and promote the principles enshrined in the European Treaties and directives concerning equal pay and treatment for women and men;
Amendment 26 #
2009/2177(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Maintains that the EU needs an industrial, social, and environmental model geared to the long term, consistent with the general interest – of companies, shareholders, and workers – and with a new financial architecture based on a system of prudential and deontological rules and on national and European supervisory authorities with binding powers; also believes that the financial sector should meet the needs of the real economy, help to promote sustainable growth, and display the greatest possible degree of social responsibility;
Amendment 27 #
2009/2177(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Maintains that remuneration policies making for sound, sustainable governance are necessary not just for deontological reasons, but also for eminently economic reasons, given that policies of this kind have a direct impact in terms of assets and the development outlook for companies themselves as well as the economy in general, and of preserving and creating higher levels of employment;
Amendment 28 #
2009/2177(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that the provisions being mentioned in connection with remuneration polices for directors of banks and credit institutions have to be more than mere recommendations and must hence take the form of binding measures linked to a system of oversight and penalties, the object being to ensure that the variable component of remuneration – bonuses, stock options, and incentives – does not drive companies to adopt over-risky investment and management policies which pay no heed to the fallout for the real economy;
Amendment 30 #
2009/2177(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls for due account to be taken of the need for proportionality in remuneration within companies by linking the trend in managers’ remuneration and pensions as a whole to employees’ remuneration and pensions and company performance, discouraging excessive risk-taking; believes that, for reasons of social justice and economic sustainability, the make-up, structure, and level of the remuneration and pensions paid to managers of listed companies and companies which are partly public-owned and/or are being supported by Member States or the EU should satisfy binding criteria laid down by the proper national and European authorities and should be subject to progressive taxation in the appropriate form;
Amendment 34 #
2009/2177(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for the necessary steps to be taken to bring transparency to bear on the remuneration policies applied to company directors and make them comprehensible to shareholders and workers; considers it important that workers and trade unions have the right to be informed and consulted through works councils and group works councils; considers that company-level remuneration committees could play a useful role in terms of transparency, information, and bringing policies on managers’ remuneration to wider notice, thereby enabling them to be linked to investment decisions aimed at promoting operational development, employment, and better working conditions for employees;
Amendment 40 #
2009/2177(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for complete transparency for employees and citizens with regard to remuneration policies for directors and a right to information, supervision and consultation for employees and their trade union organisations through works councils and group works councils; considers that company councils on pay can play a useful role in terms of transparency, information and disclosure of management pay policies, with the aim of linking such policies to corporate investment decisions which protect employment and the working conditions of employees;
Amendment 40 #
2009/2177(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Is convinced that for the purpose of framing policies on directors’ remuneration and subsequently assessing them from the point of view of governance and company development, non-financial criteria also need to be taken into account, one example being the extent to which a company has attained its objectives as regards social and environmental responsibility, and that the period to be covered in such cases has to be sufficiently long to allow meaningful assessment;
Amendment 41 #
2009/2177(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Maintains that governance and remuneration policies have to conform to and promote the principles laid down in the Treaties and European directives regarding equal pay and equal treatment of women and men;
Amendment 1 #
2009/2120(DEC)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 4 #
2009/2120(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. NotWelcomes the Foundation’s claim to have taken measures in order to ensure the necessary transparency and assessment as to the regularity of recruitment procedures in the future and seeks reliable information in that regard;
Amendment 6 #
2009/2120(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. In view of the fact that some areas of interest are shared, seekswelcomes the close cooperation and synergies between the ETF and CEDEFOP and calls for information to be provided regularly in the Director’s activity reports of both agencies.
Amendment 69 #
2009/0173(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. From 20205, this Regulation sets a target of 1345 g CO2/km for the average emissions of new light commercial vehicles registered in the Community.
Amendment 189 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 1 – indent 1
Article 12 – paragraph 4 – subparagraph 1 – indent 1
– subject to confirmation of its feasibility on the basis of updated impact assessment results, the modalities for reaching, by the year 2020, a long-term target of 1345 g CO2/km, starting in 2025, in a cost-effective manner; and
Amendment 207 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2 – indent 2
Article 12 – paragraph 4 – subparagraph 2 – indent 2
– confirm thidentify the modalities for a possible inclusion in this Regulation of vehicles in category N2 and M2 as defined in Annex II to Directive 2007/46/EC with a reference mass not exceeding 2 610 kg and to vehicles to which type-approval is extended in accordance with Article 2(2) of Regulation (EC) No 715/2007 for the long-term target.
Amendment 217 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 3
Article 12 – paragraph 4 – subparagraph 3
The European Commission shall make a proposal to the European Parliament and Council on those measures, designed to amend non- essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).
Amendment 28 #
2009/0161(COD)
Proposal for a directive – amending act
Recital 6
Recital 6
(6) In order for the European System of Financial Supervisors to work effectively, changes to CommunityUnion legislation in the field of operation of the three Authorities are necessary. These changes concern the definition of the scope of certain powers of the European Supervisory Authorities, the integration of certain powers in existing processes established in relevant Communityestablished in Union legislation and amendments to ensure a smooth and effective functioning in the context of the European System of Financial Supervisors.
Amendment 29 #
2009/0161(COD)
Proposal for a directive – amending act
Recital 7 a (new)
Recital 7 a (new)
(7a) The regulations establishing the ESFS provide that, in the areas specifically set out in the relevant legislation, the ESA may develop draft technical standards, to be submitted to the Commission for adoption in accordance with Articles 290 and 291 of the Treaty on the Functioning of the European Union by means of delegated or implementing acts.
Amendment 30 #
2009/0161(COD)
Proposal for a directive – amending act
Recital 7 b (new)
Recital 7 b (new)
(7b) The relevant legislation should define those areas in which the ESA are empowered to develop draft technical standards and how they should be adopted. While in the case of delegated acts the relevant legislation must lay down the elements, conditions and specifications as detailed in Article 290 of the Treaty on the Functioning of the European Union, in the case of implementing acts the rules and general principles concerning mechanisms for control must be defined in advance in accordance with Article 291 of the Treaty on the Functioning of the European Union.
Amendment 31 #
2009/0161(COD)
Proposal for a directive – amending act
Recital 9
Recital 9
(9) Matters subject to technical standards should be genuinely technical, where their development requires the expertise of supervisory experts. The technical standards should determine the conditions of application of the rules included in basic instruments adopted by the European Parliament and the Council and, where applicable, in Commission implementing measures without amending non-essential elements of those acts, inter alia by deleting some of those elements or by supplementing the act by the addition of new non-essential elements. Technical standards should not therefore involve policy choices. In cases where the technical standards are designed to determine the conditions of application of a Commission implementing measure, they should only be developed once the Commission implementing measure has been adopted. In certain cases where at present the Commission is empowered to adopt implementing measures in accordance with committee procedures pursuant to Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission, adopted as delegated acts (level 2 measures under the Lamfalussy financial architecture) should further develop, specify and determine the conditions for consistent harmonisation and uniform application of the rules included in basic instruments adopted by the European Parliament and the Council, supplementing or amending certain non- essential elements of the legislative act. On the other hand, the content of those implementing measures is limited to determining the conditions of application of rules included in the basic instruments, which do not require further supplementing, it is appropriate for the sake of consistency to introduce the procedure for adoption of technical standards provided for in Article 7 of Regulations (EC) No. …/…[EBA], No. …/… [ESMA], and No. …/… [EIOPA]echnical standards adopted as implementing acts cannot amend any element of legally binding Union acts. Technical standards should not involve policy choices.
Amendment 33 #
2009/0161(COD)
Proposal for a directive – amending act
Recital 9 a (new)
Recital 9 a (new)
(9a) In the case of delegated acts it is appropriate, for the sake of consistency, to introduce the procedure for adoption of technical standards provided for in Article 7 of Regulations (EC) No. …/…[EBA], No. …/… [ESMA], and No. …/… [EIOPA]. Where the technical standards are designed to determine the conditions of application of a level 2 measure, they should be adopted after adoption of the relevant level 2 measure.
Amendment 34 #
2009/0161(COD)
Proposal for a directive – amending act
Recital 9 b (new)
Recital 9 b (new)
(9b) In accordance with the precautionary principle on supervision, binding technical standards should not prevent Member States' competent authorities from requiring additional information or imposing additional or more stringent requirements than those specified in the relevant legislative acts which they develop, when they allow for such prudential discretion.
Amendment 36 #
2009/0161(COD)
Proposal for a directive – amending act
Recital 15 a (new)
Recital 15 a (new)
(15a) Confidential information transmitted to or exchanged between competent authorities and the European Securities and Markets Authority or the European Systemic Risk Board should be covered by the obligation of professional secrecy, to which the persons employed or formerly employed by the competent authorities receiving the information are subject.
Amendment 39 #
2009/0161(COD)
Proposal for a directive – amending act
Article 2 – point 3
Article 2 – point 3
Directive 2002/87/EC
Chapter III – title
Chapter III – title
Amendment 40 #
2009/0161(COD)
Proposal for a directive – amending act
Article 2 – point 3 a (new)
Article 2 – point 3 a (new)
Directive 2002/87/EC
Article 20 – paragraph 1
Article 20 – paragraph 1
(3a) The first subparagraph of Article 20(1) is replaced by the following: "1. The Commission shall adopt by means of delegated acts the [...] adaptations to be made to this Directive in the following areas: (a) a more precise formulation of the definitions referred to in Article 2 in order to take account of developments in financial markets in the application of this Directive; (b) a more precise formulation of the definitions referred to in Article 2 in order to ensure consistent harmonisation and uniform application of this Directive in the Community; (c) the alignment of terminology and the framing of definitions in the Directive in accordance with subsequent Community acts on regulated entities and related matters; (d) a more precise definition of the calculation methods set out in Annex I in order to take account of developments on financial markets and prudential techniques; (e) coordination of the provisions adopted pursuant to Articles 7 and 8 and Annex II with a view to encouraging consistent harmonisation and uniform application within the Community. The draft delegated acts shall be drawn up by the Joint Committee of the European Supervisory Authorities."
Amendment 41 #
2009/0161(COD)
Proposal for a directive – amending act
Article 2 – point 4 a (new)
Article 2 – point 4 a (new)
Directive 2002/87/EC
Article 21 – paragraph 2
Article 21 – paragraph 2
(4a) Article 21(2) is replaced by the following: "2. The power to adopt delegated acts as referred to in Article 20(1) shall be conferred on the Commission for an indeterminate period of time."
Amendment 42 #
2009/0161(COD)
Proposal for a directive – amending act
Article 2 – point 4 b (new)
Article 2 – point 4 b (new)
Directive 2002/87/EC
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
(4b) In Article 21, the following paragraph is inserted after paragraph 2: "2a. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council."
Amendment 43 #
2009/0161(COD)
Proposal for a directive – amending act
Article 2 – point 4 c (new)
Article 2 – point 4 c (new)
Directive 2002/87/EC
Article 21 – paragraph 2 b (new)
Article 21 – paragraph 2 b (new)
(4c) In Article 21, the following paragraph is inserted after paragraph2a: "2b. The power to adopt delegated acts shall be conferred on the Commission subject to the conditions laid down in Article 21a and 21b."
Amendment 49 #
2009/0161(COD)
Proposal for a directive – amending act
Article 2 – point 5 a (new)
Article 2 – point 5 a (new)
Directive 2002/87/EC
Article 21 b (new)
Article 21 b (new)
Amendment 50 #
2009/0161(COD)
Proposal for a directive – amending act
Article 2 – point 5 b (new)
Article 2 – point 5 b (new)
Directive 2002/87/EC
Article 21 c (new)
Article 21 c (new)
(5b) The following article is inserted after Article 21b: "Article 21c Objections to delegated acts 1. The European Parliament or the Council may object to a delegated act within a period of four months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by two months. 2. If, on the expiry of that period neither the European Parliament nor the Council has objected to the delegated act, it shall enter into force on the date stated therein. If the European Parliament or the Council objects to a delegated act, it shall not enter into force."
Amendment 51 #
2009/0161(COD)
Proposal for a directive – amending act
Article 3 – point -1 (new)
Article 3 – point -1 (new)
Directive 2003/6/EC
Article 1 – point 5
Article 1 – point 5
(-1) In Article 1, point 5 is replaced by the following: "5. ‘Accepted market practices’ shall mean practices that are reasonably expected in one or more financial markets and are accepted by the competent authority in accordance with standards adopted by the Commission in accordance with the delegated acts procedure [...] laid down in Articles 17, 17a and 17b."
Amendment 52 #
2009/0161(COD)
Proposal for a directive – amending act
Article 3 – point -1 a (new)
Article 3 – point -1 a (new)
Directive 2003/6/EC
Article 1 – paragraph 2
Article 1 – paragraph 2
(-1a) In Article 1, the second paragraph, is replaced by the following: "In order to take account of developments on financial markets and to ensure consistent harmonisation and uniform application of this Directive in the Community, the Commission shall lay down, by means of delegated acts, measures concerning points 1, 2 and 3 of this Article. Those measures [...] shall be adopted in accordance with the delegated acts procedure [...] referred to in Articles 17, 17a and 17b. The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 53 #
2009/0161(COD)
Proposal for a directive – amending act
Article 3 – point -1 b (new)
Article 3 – point -1 b (new)
Directive 2003/6/EC
Article 6 – paragraph 10 – subparagraph 2
Article 6 – paragraph 10 – subparagraph 2
(-1b) In Article 6(10), the second subparagraph is replaced by the following: "Those measures [...] shall be adopted in accordance with the delegated acts procedure [...] referred to in Articles 17, 17a and 17b." The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 54 #
2009/0161(COD)
Proposal for a directive – amending act
Article 3 – point -1 c (new)
Article 3 – point -1 c (new)
Directive 2003/6/EC
Article 8
Article 8
(-1c) Article 8 is replaced by the following: "The prohibitions provided for in this Directive shall not apply to trading in own shares in ‘buy-back’ programmes or to the stabilisation of a financial instrument provided such trading is carried out in accordance with delegated acts. Those measures [...] shall be adopted in accordance with the delegated acts procedure [...] referred to in Articles 17, 17a and 17b. The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 55 #
2009/0161(COD)
Proposal for a directive – amending act
Article 3 – point -1 d (new)
Article 3 – point -1 d (new)
Directive 2003/6/EC
Article 14 – paragraph 2
Article 14 – paragraph 2
(-1d) Article 14(2) is replaced by the following: "2. In accordance with the procedure laid down in Articles 17, 17a and 17b, the Commission shall, for information, draw up a list of the administrative measures and sanctions referred to in paragraph 1. The European Securities and Markets Authority shall produce guidelines to enable the Commission to draw up that list. The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 60 #
2009/0161(COD)
Proposal for a directive – amending act
Article 3 – point 3 a (new)
Article 3 – point 3 a (new)
Directive 2003/6/EC
Article 17 – paragraph 2 a
Article 17 – paragraph 2 a
(3a) Article 17(2a) is replaced by the following: "2a. The power to adopt delegated acts referred to in Article 1, Article 6(10), Article 8, Article 14(2) and Article 16(5) shall be conferred on the Commission for an indeterminate period of time."
Amendment 61 #
2009/0161(COD)
Proposal for a directive – amending act
Article 3 – point 3 b (new)
Article 3 – point 3 b (new)
Directive 2003/6/EC
Article 17 – paragraph 2a a (new)
Article 17 – paragraph 2a a (new)
(3b) In Article 17, the following paragraph is inserted after paragraph 2a: "2aa. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council."
Amendment 62 #
2009/0161(COD)
Proposal for a directive – amending act
Article 3 – point 3 c (new)
Article 3 – point 3 c (new)
Directive 2003/6/EC
Article 17 – paragraph 2 ab (new)
Article 17 – paragraph 2 ab (new)
(3c) In Article 17, the following paragraph is inserted after paragraph 2aa: "2ab. The power to adopt delegated acts shall be conferred on the Commission subject to the conditions laid down in Articles 17a and 17b."
Amendment 63 #
2009/0161(COD)
Proposal for a directive – amending act
Article 3 – point 3 d (new)
Article 3 – point 3 d (new)
Directive 2003/6/EC
Article 17 – paragraph 3
Article 17 – paragraph 3
(3d) Article 17(3) is deleted.
Amendment 64 #
2009/0161(COD)
Proposal for a directive – amending act
Article 3 – point 3 e (new)
Article 3 – point 3 e (new)
Directive 2003/6/EC
Article 17 a (new)
Article 17 a (new)
Amendment 65 #
2009/0161(COD)
Proposal for a directive – amending act
Article 3 – point 3 f (new)
Article 3 – point 3 f (new)
Directive 2003/6/EC
Article 17 b (new)
Article 17 b (new)
Amendment 74 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point -1 (new)
Article 5 – point -1 (new)
Directive 2003/71/EC
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
(-1) In Article 1, the following paragraph is added: "3a. In order to take account of technical developments on financial markets and to ensure coherent harmonisation and uniform application of this Directive, the Commission shall lay down, by means of delegated acts in accordance with Articles 24, 24a and 24b, measures concerning the adjustment of the limits referred to in points (h) and (j) of Article 1(2). The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 75 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point -1 a (new)
Article 5 – point -1 a (new)
Directive 2003/71/EC
Article 2 – paragraph 4
Article 2 – paragraph 4
(-1a) Article 2(4) is replaced by the following: "4. In order to take account of technical developments on financial markets and to ensure consistent harmonisation and uniform application of this Directive, the Commission shall lay down, by means of delegated acts in accordance with Articles 24, 24a and 24b, the definitions referred to in paragraph 1, including adjustment of the figures used for the definition of SMEs, taking into account Community legislation and recommendations as well as economic developments [...]. The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 76 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point -1 b (new)
Article 5 – point -1 b (new)
Directive 2003/71/EC
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 77 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point -1 c (new)
Article 5 – point -1 c (new)
Directive 2003/71/EC
Article 5 – paragraph 5
Article 5 – paragraph 5
(-1c) Article 5(5) is replaced by the following: "5. In order to take account of technical developments on financial markets and to ensure consistent harmonisation and uniform application of this Directive, the Commission shall lay down, by means of delegated acts in accordance with Articles 24, 24a and 24b, measures concerning the format of the prospectus or base prospectus and supplements. [...] The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 78 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point -1 d (new)
Article 5 – point -1 d (new)
Directive 2003/71/EC
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
(-1d) In Article 5, the following paragraph is added: "5a. In order to achieve the objectives of this Directive, the Commission shall also lay down, by means of delegated acts in accordance with the Articles 24, 24a and 24b, measures to establish: (a) the detailed content and specific form of the key information document referred to in paragraphs 2 and 3; (b) the detailed content and specific form of the key information document with regard to: (i) structured securities and base prospectuses, (ii) shares, and (iii) bonds. Those delegated acts shall be adopted by ...*. The draft delegated acts shall be drawn up by the European Securities and Markets Authority. ____________ * OJ please insert date: 18 months after entry into force of this Directive."
Amendment 79 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point -1 e (new)
Article 5 – point -1 e (new)
Directive 2003/71/EC
Article 7 – paragraph 1
Article 7 – paragraph 1
(-1e) Article 7(1) is replaced by the following: "1. Detailed delegated acts regarding the specific information which must be included in a prospectus, avoiding duplication of information when a prospectus is composed of separate documents, shall be adopted by the Commission in accordance with Articles 24, 24a and 24b. [...] The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 80 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point -1 f (new)
Article 5 – point -1 f (new)
Directive 2003/71/EC
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 81 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point -1 g (new)
Article 5 – point -1 g (new)
Directive 2003/71/EC
Article 8 – paragraph 4
Article 8 – paragraph 4
(-1g) Article 8(4) is replaced by the following: "4. In order to take account of technical developments on financial markets and to ensure consistent harmonisation and uniform application of this Directive, the Commission shall lay down, by means of delegated acts in accordance with Articles 24, 24a and 24b, measures concerning paragraph 2. [...] The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 82 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 1
Article 5 – point 1
Directive 2003/71/EC
Article 8 – paragraph 5 – subparagraph 1 and 2
Article 8 – paragraph 5 – subparagraph 1 and 2
5. In order to ensure uniform application of paragraph 2 and to take account of technical developments on financial markets, the European Securities and Markets Authority established by Regulation…/…of the European Parliament and of the Council shall develop draft technical standards to determine the conditions of application of the implementing measuredelegated acts adopted by the Commission according to paragraph 4. The Authority shall submit those draft technical standards to the Commission by 1 January 2014. The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down infor implementing acts pursuant to Article 7291 of Regulation .../.... [ESMA].the Treaty on the Functioning of the European Union."
Amendment 85 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 1 a (new)
Article 5 – point 1 a (new)
Directive 2003/71/EC
Article 11 – paragraph 3
Article 11 – paragraph 3
(-1a) Article 11(3) is replaced by the following: "3. In order to take account of technical developments on financial markets and to ensure consistent harmonisation and uniform application of this Directive, the Commission shall lay down, by means of delegated acts in accordance with Articles 24, 24a and 24b, measures concerning the information to be incorporated by reference. [...] The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 86 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 2 b a (new)
Article 5 – point 2 b a (new)
Directive 2003/71/EC
Article 13 – paragraph 7
Article 13 – paragraph 7
Amendment 87 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 3 a (new)
Article 5 – point 3 a (new)
Directive 2003/71/EC
Article 14 – paragraph 8
Article 14 – paragraph 8
(3a) Article 14(8) is replaced by the following: "8. In order to take account of technical developments on financial markets and to ensure consistent harmonisation and uniform application of this Directive, the Commission shall lay down, by means of delegated acts in accordance with Articles 24, 24a and 24b, measures concerning paragraphs 1, 2, 3 and 4. [...] The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 88 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 3 b (new)
Article 5 – point 3 b (new)
Directive 2003/71/EC
Article 15 – paragraph 7
Article 15 – paragraph 7
(3b) Article 15(7) is replaced by the following: "7. In order to take account of technical developments on financial markets and to ensure consistent harmonisation and uniform application of this Directive, the Commission shall lay down, by means of delegated acts in accordance with Articles 24, 24a and 24b, measures concerning the dissemination of advertisements announcing the intention to offer securities to the public or the admission to trading on a regulated market, in particular before the prospectus has been made available to the public or before the opening of the subscription, and concerning paragraph 4. [...] The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 97 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 6 a (new)
Article 5 – point 6 a (new)
Directive 2003/71/EC
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 102 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 8 a (new)
Article 5 – point 8 a (new)
Directive 2003/71/EC
Chapter VII – title
Chapter VII – title
(8a) The title of Chapter VII is replaced by the following: "DELEGATED POWERS AND IMPLEMENTING MEASURES"
Amendment 103 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 8 b (new)
Article 5 – point 8 b (new)
Directive 2003/71/EC
Article 24 – title
Article 24 – title
Amendment 104 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 8 c (new)
Article 5 – point 8 c (new)
Directive 2003/71/EC
Article 24 – paragraph 2 a
Article 24 – paragraph 2 a
(8c) Article 24(2a) is replaced by the following: "2a. The power to adopt the delegated acts referred to in Article 1(3a), Article Article 2(4), Article 4(3), Article 5(5), Article 5(5a), Article 7(1), Article 7(3), Article 8(4), Article 11(3), Article 13(7), Article 14(8), Article 15(7) and Article 20(3) shall be conferred on the Commission for an indeterminate period of time."
Amendment 105 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 8 d (new)
Article 5 – point 8 d (new)
Directive 2003/71/EC
Article 24 – paragraph 2a a (new)
Article 24 – paragraph 2a a (new)
(8d) In Article 24, the following paragraph is inserted after paragraph 2a: "2aa. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council."
Amendment 106 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 8 e (new)
Article 5 – point 8 e (new)
Directive 2003/71/EC
Article 24 – paragraph 2a b (new)
Article 24 – paragraph 2a b (new)
(8e) In Article 24, the following paragraph is inserted after paragraph 2aa: "2ab. The power to adopt delegated acts shall be conferred on the Commission subject to the conditions laid down in Articles 24a and 24b."
Amendment 107 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 8 f (new)
Article 5 – point 8 f (new)
Directive 2003/71/EC
Article 24 – paragraph 3
Article 24 – paragraph 3
(8f) Article 24(3) is deleted.
Amendment 108 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 8 g (new)
Article 5 – point 8 g (new)
Directive 2003/71/EC
Article 24 a (new)
Article 24 a (new)
Amendment 109 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 8 h (new)
Article 5 – point 8 h (new)
Directive 2003/71/EC
Article 24 b (new)
Article 24 b (new)
(8h) The following article is inserted after Article 24a: "Article 24b Objections to delegated acts 1. The European Parliament or the Council may object to a delegated act within a period of four months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by two months. 2. If, on the expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall enter into force on the date stated therein. If the European Parliament or the Council objects to a delegated act, it shall not enter into force."
Amendment 110 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point -1 (new)
Article 6 – point -1 (new)
Directive 2004/39/EC
Article 2 – paragraph 3
Article 2 – paragraph 3
(-1)Article 2(3) is replaced by the following: "3. In order to take account of technical developments on financial markets and to ensure consistent harmonisation and uniform application of this Directive, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, in respect of exemptions (c) (i), and (k) define the criteria for determining when an activity is to be considered as ancillary to the main business on a group level as well as for determining when an activity is provided in an incidental manner. [...] The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 111 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point -1 b (new)
Article 6 – point -1 b (new)
Directive 2004/39/EC
Article 4 – paragraph 2
Article 4 – paragraph 2
(-1b) Article 4(2) is replaced by the following: "2. In order to take account of developments on financial markets, and to ensure consistent harmonisation and the uniform application of this Directive, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, clarify the definitions laid down in paragraph 1 of this Article. The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 120 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 3 a (new)
Article 6 – point 3 a (new)
Directive 2004/39/EC
Article 10b – paragraph 1 – subparagraph 2
Article 10b – paragraph 1 – subparagraph 2
(3a) In Article 10b(1), the second subparagraph is replaced by the following: "In order to take account of [...] developments on financial markets and to ensure consistent harmonisation and uniform application of this Directive, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, adopt [...] measures which adjust the criteria set out in the first subparagraph of this paragraph. The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 121 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 3 b (new)
Article 6 – point 3 b (new)
Directive 2004/39/EC
Article 13 – paragraph 10
Article 13 – paragraph 10
(3b) Article 13(10) is replaced by the following: "10. In order to take account of developments on financial markets, and to ensure consistent harmonisation and the uniform application of this Directive, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, adopt [...] measures which specify the concrete organisational requirements to be imposed on investment firms performing different investment services and/or activities and ancillary services or combinations thereof. [...] The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 122 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 3 c (new)
Article 6 – point 3 c (new)
Directive 2004/39/EC
Article 15 – paragraph 3 – subparagraph 2
Article 15 – paragraph 3 – subparagraph 2
(3c) In Article 15(3), the second subparagraph is replaced by the following: "In the circumstances referred to in the first subparagraph, the Commission may decide, by means of delegated acts in accordance with Articles 64, 64a and 64b, at any time and in addition to the initiation of negotiations, that the competent authorities of the Member States must limit or suspend their decisions regarding requests pending or future requests for authorisation and the acquisition of holdings by direct or indirect parent undertakings governed by the law of the third country in question. Such limitations or suspensions may not be applied to the setting-up of subsidiaries by investment firms duly authorised in the Community or by their subsidiaries, or to the acquisition of holdings in Community investment firms by such firms or subsidiaries. The duration of such measures may not exceed three months."
Amendment 123 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 3 d (new)
Article 6 – point 3 d (new)
Directive 2004/39/EC
Article 15 – paragraph 3 – subparagraph 3
Article 15 – paragraph 3 – subparagraph 3
(3d) In Article 15(3), the third subparagraph is replaced by the following: "Before the end of the three-month period referred to in the second subparagraph and in the light of the results of the negotiations, the Commission may decide, by means of delegated acts in accordance with Articles 64, 64a and 64b, to extend these measures."
Amendment 124 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 3 e (new)
Article 6 – point 3 e (new)
Directive 2004/39/EC
Article 18 – paragraph 3 – subparagraph 1 – introductory part
Article 18 – paragraph 3 – subparagraph 1 – introductory part
(3r) In Article 18(3), the introductory part of the first subparagraph is replaced by the following: "3. In order to take account of developments on financial markets, and to ensure consistent harmonisation and the uniform application of paragraphs 1 and 2, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b adopt [...] measures which:"
Amendment 125 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 3 f (new)
Article 6 – point 3 f (new)
Directive 2004/39/EC
Article 18 – paragraph 3 – subparagraph 2
Article 18 – paragraph 3 – subparagraph 2
(3f) In Article 18(3), the second subparagraph is replaced by the following: "The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 126 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 3 g (new)
Article 6 – point 3 g (new)
Directive 2004/39/EC
Article 19 – paragraph 10 –subparagraph 1 – introductory part
Article 19 – paragraph 10 –subparagraph 1 – introductory part
(3g) In Article 19(10), the introductory part of the first subparagraph is replaced by the following: "10. In order to ensure the necessary protection of investors and consistent harmonisation and the uniform application of paragraphs 1 to 8, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, ensure that investment firms comply with the principles set out therein when providing investment or ancillary services to their clients. Those implementing measures shall take into account:"
Amendment 127 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 3 h (new)
Article 6 – point 3 h (new)
Directive 2004/39/EC
Article 19 – paragraph 10 –subparagraph 2
Article 19 – paragraph 10 –subparagraph 2
(3h) In Article 19(10), the second subparagraph is replaced by the following: "The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 128 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 3 i (new)
Article 6 – point 3 i (new)
Directive 2004/39/EC
Article 21 – paragraph 6 –subparagraph 1 – introductory part
Article 21 – paragraph 6 –subparagraph 1 – introductory part
(3i) In Article 21(6), the introductory part of the first subparagraph is replaced by the following: "6. In order to ensure the protection necessary for investors, the fair and orderly functioning of markets, and to ensure consistent harmonisation and the uniform application of paragraphs 1, 3 and 4, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, adopt measures concerning:"
Amendment 129 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 3 j (new)
Article 6 – point 3 j (new)
Directive 2004/39/EC
Article 21 – paragraph 6 –subparagraph 2
Article 21 – paragraph 6 –subparagraph 2
(3j) In Article 21(6), the second subparagraph is replaced by the following: "The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 130 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 3 k (new)
Article 6 – point 3 k (new)
Directive 2004/39/EC
Article 22 – paragraph 3 –subparagraph 1 – introductory part
Article 22 – paragraph 3 –subparagraph 1 – introductory part
(3k) In Article 22(3), the introductory part of the first subparagraph is replaced by the following: "3. In order to ensure that measures for the protection of investors and fair and orderly functioning of markets take account of technical developments in financial markets, and to ensure consistent harmonisation and the uniform application of paragraphs 1 and 2, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, define:"
Amendment 131 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 3 l (new)
Article 6 – point 3 l (new)
Directive 2004/39/EC
Article 22 – paragraph 3 –subparagraph 2
Article 22 – paragraph 3 –subparagraph 2
Amendment 132 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 3 m (new)
Article 6 – point 3 m (new)
Directive 2004/39/EC
Article 24 – paragraph 5 –subparagraph 1 – introductory part
Article 24 – paragraph 5 –subparagraph 1 – introductory part
(3m) In Article 24(5), the introductory part of the first subparagraph is replaced by the following: "5. In order to ensure consistent harmonisation and the uniform application of paragraphs 2, 3 and 4 in the light of changing market practice and to facilitate the effective operation of the single market, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, define:"
Amendment 133 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 3 n (new)
Article 6 – point 3 n (new)
Directive 2004/39/EC
Article 24 – paragraph 5 –subparagraph 2
Article 24 – paragraph 5 –subparagraph 2
(3n) In Article 24(5), the second subparagraph is replaced by the following: "The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 134 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 3 o (new)
Article 6 – point 3 o (new)
Directive 2004/39/EC
Article 25 – paragraph 7
Article 25 – paragraph 7
(3o) Article 25(7) is replaced by the following: "7. In order to ensure that measures for the protection of market integrity are modified to take account of technical developments in financial markets, and to ensure consistent harmonisation and the uniform application of paragraphs 1 to 5, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, define the methods and arrangements for reporting financial transactions, the form and content of these reports and the criteria for defining a relevant market in accordance with paragraph 3. The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 135 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 3 p (new)
Article 6 – point 3 p (new)
Directive 2004/39/EC
Article 27 – paragraph 7 –subparagraph 1 – introductory part
Article 27 – paragraph 7 –subparagraph 1 – introductory part
(3p) In Article 27(7), the introductory part of the first subparagraph is replaced by the following: "7. In order to ensure consistent harmonisation and the uniform application of paragraphs 1 to 6, in a manner which supports the efficient valuation of shares and maximises the possibility of investment firms of obtaining the best deal for their clients, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b adopt [...] measures which:"
Amendment 136 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 3 q (new)
Article 6 – point 3 q (new)
Directive 2004/39/EC
Article 27 – paragraph 7 –subparagraph 2
Article 27 – paragraph 7 –subparagraph 2
(3q) In Article 27(7), the second subparagraph is replaced by the following: "The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 137 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 3 r (new)
Article 6 – point 3 r (new)
Directive 2004/39/EC
Article 28 – paragraph 3 –subparagraph 1 – introductory part
Article 28 – paragraph 3 –subparagraph 1 – introductory part
(3r) In Article 28(3), the introductory part of the first subparagraph is replaced by the following: "3. In order to ensure the transparent and orderly functioning of markets and consistent harmonisation and the uniform application of paragraph 1, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b adopt [...] measures which:"
Amendment 138 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 3 s (new)
Article 6 – point 3 s (new)
Directive 2004/39/EC
Article 28 – paragraph 3 –subparagraph 2
Article 28 – paragraph 3 –subparagraph 2
(3s) In Article 28(3), the second subparagraph is replaced by the following: "The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 139 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 3 t (new)
Article 6 – point 3 t (new)
Directive 2004/39/EC
Article 29 – paragraph 3 –subparagraph 1 – introductory part
Article 29 – paragraph 3 –subparagraph 1 – introductory part
(3t) In Article 29(3), the introductory part of the first subparagraph is replaced by the following: "3. In order to ensure consistent harmonisation and the uniform application of paragraphs 1 and 2, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, adopt [...] measures as regards:"
Amendment 140 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 3 u (new)
Article 6 – point 3 u (new)
Directive 2004/39/EC
Article 29 – paragraph 3 –subparagraph 3
Article 29 – paragraph 3 –subparagraph 3
(3u) In Article 29(3), the third subparagraph is replaced by the following: "The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 141 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 3 v(new)
Article 6 – point 3 v(new)
Directive 2004/39/EC
Article 30 – paragraph 3 – subparagraph 1 – introductory part
Article 30 – paragraph 3 – subparagraph 1 – introductory part
(3v) In Article 30(3), the introductory part of the first subparagraph is replaced by the following: "3. In order to ensure consistent harmonisation and the uniform application of paragraphs 1 and 2, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, adopt [...] measures as regards:"
Amendment 142 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 3 x (new)
Article 6 – point 3 x (new)
Directive 2004/39/EC
Article 30 – paragraph 3 – subparagraph 3
Article 30 – paragraph 3 – subparagraph 3
(3x) In Article 30(3), the third subparagraph is replaced by the following: "The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 151 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 5 a (new)
Article 6 – point 5 a (new)
Directive 2004/39/EC
Article 40 – paragraph 6 –subparagraph 1 – introductory part
Article 40 – paragraph 6 –subparagraph 1 – introductory part
(5a) In Article 40(6), the introductory part of the first subparagraph is replaced by the following: "6. In order to ensure consistent harmonisation and the uniform application of paragraphs 1 to 5, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b:"
Amendment 152 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 5 b (new)
Article 6 – point 5 b (new)
Directive 2004/39/EC
Article 40 – paragraph 6 –subparagraph 2
Article 40 – paragraph 6 –subparagraph 2
(5b) In Article 40(6), the second subparagraph is replaced by the following: "The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 153 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 5 c (new)
Article 6 – point 5 c (new)
Directive 2004/39/EC
Article 44 – paragraph 3 –subparagraph 1 – introductory part
Article 44 – paragraph 3 –subparagraph 1 – introductory part
(5c) In Article 44(3), the introductory part of the first subparagraph is replaced by the following: "3. In order to ensure consistent harmonisation and the uniform application of paragraphs 1 and 2, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, adopt measures as regards:"
Amendment 154 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 5 d (new)
Article 6 – point 5 d (new)
Directive 2004/39/EC
Article 44 – paragraph 3 –subparagraph 2
Article 44 – paragraph 3 –subparagraph 2
(5d) In Article 44(3), the second subparagraph is replaced by the following: "The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 155 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 5 e (new)
Article 6 – point 5 e (new)
Directive 2004/39/EC
Article 45 – paragraph 3 – subparagraph 1 – introductory part
Article 45 – paragraph 3 – subparagraph 1 – introductory part
(5e) In Article 45(3), the introductory part of the first subparagraph is replaced by the following: "3. In order to provide for the efficient and orderly functioning of financial markets, and to ensure consistent harmonisation and the uniform application of paragraphs 1 and 2, the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, adopt measures in respect of:"
Amendment 156 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 5 f (new)
Article 6 – point 5 f (new)
Directive 2004/39/EC
Article 45 – paragraph 3 –subparagraph 2
Article 45 – paragraph 3 –subparagraph 2
(5f) In Article 45(3), the second subparagraph is replaced by the following: "The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 157 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 8 a (new)
Article 6 – point 8 a (new)
Directive 2004/39/EC
Article 56 – paragraph 5
Article 56 – paragraph 5
(8a) Article 56(5) is replaced by the following: "5. In order to ensure consistent harmonisation and the uniform application of paragraphs 1 and 2 the Commission shall, by means of delegated acts in accordance with Articles 64, 64a and 64b, define standards for the obligations for the competent authorities to cooperate and establish the criteria under which the operations of a regulated market in a host Member State could be considered as of substantial importance for the functioning of the securities markets and the protection of the investors in that host Member State."
Amendment 158 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 8 b (new)
Article 6 – point 8 b (new)
Directive 2004/39/EC
Article 56 – paragraph 5 – subparagraph 1 a (new)
Article 56 – paragraph 5 – subparagraph 1 a (new)
(8b) In Article 56(5), the following subparagraph is added: "The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 160 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 9
Article 6 – point 9
Directive 2004/39/EC
Article 56 – paragraph 6 – subparagraph 1
Article 56 – paragraph 6 – subparagraph 1
"6. In order to ensure uniform application of paragraphs 1 and 2, the European Securities and Markets Authority mayshall develop draft technical standards to determine the conditions of application relating to the obligation for competent authorities to cooperate according to paragraph 1 and to the content of the cooperation agreements according to paragraph 2, including the development of standard forms and templates.
Amendment 164 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 9
Article 6 – point 9
Directive 2004/39/EC
Article 56 – paragraph 6 – subparagraph 2
Article 56 – paragraph 6 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down infor implementing acts pursuant to Article 7291 of Regulation .../.... [ESMA]the Treaty on the Functioning of the European Union."
Amendment 177 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 14 a (new) – introductory part and point a (new)
Article 6 – point 14 a (new) – introductory part and point a (new)
Directive 2004/39/EC
Article 64 – paragraph 2
Article 64 – paragraph 2
(14a) Article 64 is amended as follows: (a) Paragraph 2 is replaced by the following: "2. The power to adopt the delegated acts referred to in Articles 2, 4, 10b(1), 13(10), 15, 18, 19, 21, 22, 24, 25, 27, 28, 29, 30, 40, 44, 45 and 56(2) shall be conferred on the Commission for an indeterminate period of time."
Amendment 178 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 14 a (new) – point b (new)
Article 6 – point 14 a (new) – point b (new)
Directive 2004/39/EC
Article 64 – paragraphs 2 a and 2 b (new)
Article 64 – paragraphs 2 a and 2 b (new)
(b) The following paragraphs are inserted after paragraph 2: "2a. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 2b. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 64a and 64b."
Amendment 179 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 14 a (new) – point c (new)
Article 6 – point 14 a (new) – point c (new)
Directive 2004/39/EC
Article 64 – paragraph 2a
Article 64 – paragraph 2a
(c) Paragraph 2a is replaced by the following: "2a. None of the delegated acts enacted may change the essential provisions of this Directive."
Amendment 180 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 14 a (new) – point d (new)
Article 6 – point 14 a (new) – point d (new)
Directive 2004/39/EC
Article 64 – paragraph 4
Article 64 – paragraph 4
(d) Paragraph 4 is deleted.
Amendment 181 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 14 b (new)
Article 6 – point 14 b (new)
Directive 2004/39/EC
Article 64 a (new)
Article 64 a (new)
(14b) The following Article is inserted: "Article 64a Revocation of the delegation 1. The delegation of powers referred to in Articles 2, 4, 10b(1), 13(10), 15, 18, 19, 21, 22, 24, 25, 27, 28, 29, 30, 40, 44, 45 and 56(2) may be revoked by the European Parliament or by the Council. 2. The institution which has commenced an internal procedure with a view to deciding whether to revoke the delegation of powers shall endeavour to inform the other institution and the Commission. 3. The revocation decision shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at such later date as may be specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union."
Amendment 182 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 14 c (new)
Article 6 – point 14 c (new)
Directive 2004/39/EC
Article 64 b (new)
Article 64 b (new)
(14c) The following Article is inserted: "Article 64b Objections to delegated acts 1. The European Parliament or the Council may object to a delegated act within a period of four months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by two months. 2. If, on the expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall enter into force at the date stated therein. If the European Parliament or the Council objects to a delegated act, it shall not enter into force."
Amendment 183 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point -1 (new)
Article 7 – point -1 (new)
Directive 2004/109/EC
Article 2 – paragraph 3 – subparagraph 1
Article 2 – paragraph 3 – subparagraph 1
(-1) In Article 2(3), the first subparagraph of Article 2(3) is replaced by the following: "3. In order to take account of technical developments on financial markets and to ensure consistent harmonisation and the uniform application of paragraph 1, the Commission shall, in accordance with the procedures referred to in Article 27(2) and (2a), adopt delegated acts and implementing measures concerning the definitions set out in paragraph 1."
Amendment 184 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point -1 a (new)
Article 7 – point -1 a (new)
Directive 2004/109/EC
Article 2 – paragraph 3 – subparagraph 3
Article 2 – paragraph 3 – subparagraph 3
(-1a) In Article 2(3), the third subparagraph is replaced by the following: "The measures referred to in points (a) and (b) of the second subparagraph shall be laid down by means of delegated acts in accordance with Articles 27, 27a and 27b."
Amendment 185 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point -1 b (new)
Article 7 – point -1 b (new)
Directive 2004/109/EC
Article 2 – paragraph 3 – subparagraph 3 a (new)
Article 2 – paragraph 3 – subparagraph 3 a (new)
(-1b) In Article 2(3), the following subparagraph is added: "The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 186 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point -1 c (new)
Article 7 – point -1 c (new)
Directive 2004/109/EC
Article 5 – paragraph 6 – subparagraph 1
Article 5 – paragraph 6 – subparagraph 1
(-1c) In Article 5(6), the first subparagraph is replaced by the following: "6. The Commission shall adopt delegated acts and implementing measures, in accordance with the procedures referred to in Article 27(2) and (2a), in order to take account of technical developments on financial markets and to ensure consistent harmonisation and the uniform application of paragraphs 1 to 5 of this Article."
Amendment 187 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point -1 d (new)
Article 7 – point -1 d (new)
Directive 2004/109/EC
Article 5 – paragraph 6 – subparagraph 3
Article 5 – paragraph 6 – subparagraph 3
(-1d) In Article 5(6), the third subparagraph is replaced by the following: "The measures referred to in point (a) shall be adopted in accordance with the regulatory procedure referred to in Article 27(2). The measures referred to in points (b) and (c) [...]] shall be laid down by means of delegated acts in accordance with Articles 27, 27a and 27b."
Amendment 188 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point -1 e (new)
Article 7 – point -1 e (new)
Directive 2004/109/EC
Article 5 – paragraph 6 – subparagraph 4
Article 5 – paragraph 6 – subparagraph 4
(-1e) In Article 5(6), the fourth subparagraph is replaced by the following: "Where appropriate, the Commission may also adapt the five-year period referred to in paragraph 1 by means of a delegated act in accordance with Articles 27, 27a and 27b."
Amendment 189 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point -1 f (new)
Article 7 – point -1 f (new)
Directive 2004/109/EC
Article 5 – paragraph 6 – subparagraph 4 a (new)
Article 5 – paragraph 6 – subparagraph 4 a (new)
(-1f) In Article 5(6), the following subparagraph is added: "The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 190 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point -1 g (new)
Article 7 – point -1 g (new)
Directive 2004/109/EC
Article 9 – paragraph 7 – subparagraph 1
Article 9 – paragraph 7 – subparagraph 1
(-1g) In Article 9(7), the first subparagraph is replaced by the following: "7. The Commission shall be empowered to lay down, by means of delegated acts in accordance with Articles 27, 27a and 27b, measures to take account of technical developments on financial markets and to ensure consistent harmonisation and the uniform application of paragraphs 2, 4 and 5."
Amendment 191 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point -1 h (new)
Article 7 – point -1 h (new)
Directive 2004/109/EC
Article 9 – paragraph 7 – subparagraph 2
Article 9 – paragraph 7 – subparagraph 2
(-1h) In Article 9(7), the second subparagraph is replaced by the following: "The Commission shall also specify the maximum length of the ‘short settlement cycle’ referred to in paragraph 4 of this Article, as well as the appropriate control mechanisms by the competent authority of the home Member State by means of delegated acts in accordance with Articles 27, 27a and 27b."
Amendment 192 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point -1 i (new)
Article 7 – point -1 i (new)
Directive 2004/109/EC
Article 9 – paragraph 7 – subparagraph 4 (new)
Article 9 – paragraph 7 – subparagraph 4 (new)
(-1i) In Article 9(7), the following subparagraph is added: "The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 193 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 1 – point -a (new)
Article 7 – point 1 – point -a (new)
Directive 2004/109/EC
Article 12 – paragraph 8 – subparagraph 1 – introductory part
Article 12 – paragraph 8 – subparagraph 1 – introductory part
Amendment 194 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 1 – point a a (new)
Article 7 – point 1 – point a a (new)
Directive 2004/109/EC
Article 12 – paragraph 8 – subparagraph 2 a (new)
Article 12 – paragraph 8 – subparagraph 2 a (new)
(aa) In paragraph 8, the following subparagraph is added: "The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 203 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 2 – point -a (new)
Article 7 – point 2 – point -a (new)
Directive 2004/109/EC
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
(-a) In paragraph 2, the first subparagraph is replaced by the following: "2. The Commission shall lay down, by means of delegated acts in accordance with Articles 27, 27a and 27b, measures in order to take account of technical developments in financial markets and to ensure consistent harmonisation and the uniform application of paragraph 1. It shall in particular determine:"
Amendment 204 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 2 – point -a a (new)
Article 7 – point 2 – point -a a (new)
Directive 2004/109/EC
Article 13 – paragraph 2 –subparagraph 2
Article 13 – paragraph 2 –subparagraph 2
(-aa) The second subparagraph of paragraph 2 is deleted.
Amendment 205 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 2 a (new)
Article 7 – point 2 a (new)
Directive 2004/109/EC
Article 14 – paragraph 2
Article 14 – paragraph 2
(2a) Article 14(2) is replaced by the following: "2. The Commission shall lay down, by means of delegated acts in accordance with Articles 27, 27a and 27b, measures in order to take account of technical developments in financial markets and to ensure consistent harmonisation and the uniform application of paragraph 1. [...] The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 206 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 2 a b (new)
Article 7 – point 2 a b (new)
Directive 2004/109/EC
Article 13 – paragraph 2 – subparagraph 2 a (new)
Article 13 – paragraph 2 – subparagraph 2 a (new)
(ab) In paragraph 2 the following subparagraph is added: "The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 207 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 2 b (new)
Article 7 – point 2 b (new)
Directive 2004/109/EC
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 208 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 2 c (new)
Article 7 – point 2 c (new)
Directive 2004/109/EC
Article 18 – paragraph 5
Article 18 – paragraph 5
(2c) Article 18(5) is replaced by the following: "5. The Commission shall lay down, by means of delegated acts in accordance with Articles 27, 27a and 27b, measures in order to take account of technical developments in financial markets, to take account of developments in information and communication technology and to ensure consistent harmonisation and the uniform application of paragraph 1 to 4. It shall, in particular, specify the types of financial institution through which a debt security holder may exercise the financial rights provided for in paragraph 2(c). [...] The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 209 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 2 d (new)
Article 7 – point 2 d (new)
Directive 2004/109/EC
Article 19 – paragraph 4
Article 19 – paragraph 4
(2d) Article 19(4) is replaced by the following: "4. The Commission shall lay down, by means of delegated acts in accordance with Articles 27, 27a and 27b, measures in order to ensure consistent harmonisation and the uniform application of paragraphs 1, 2 and 3 [...]. The Commission shall, in particular, specify the procedure in accordance with which an issuer, a holder of shares or other financial instruments, or a person or entity referred to in Article 10, is to file information with the competent authority of the home Member State under paragraphs 1 or 3, respectively, in order to: (a) enable filing by electronic means in the home Member State; (b) coordinate the filing of the annual financial report referred to in Article 4 of this Directive with the filing of the annual information referred to in Article 10 of Directive 2003/71/EC. [...] The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 210 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 2 e (new)
Article 7 – point 2 e (new)
Directive 2004/109/EC
Article 21 – paragraph 4
Article 21 – paragraph 4
(2e) Article 21(4) is replaced by the following: "4. The Commission shall lay down, by means of delegated acts in accordance with Articles 27, 27a and 27b, measures in order to take account of technical developments in financial markets, to take account of developments in information and communication technology and to ensure the uniform application of paragraphs 1, 2 and 3 [...]. The Commission shall in particular specify: (a) minimum standards for the dissemination of regulated information, as referred to in paragraph 1; (b) minimum standards for the central storage mechanism as referred to in paragraph 2. The Commission may also specify and update a list of media for the dissemination of information to the public. [...] The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 211 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 2 f (new)
Article 7 – point 2 f (new)
Directive 2004/109/EC
Article 22 – paragraph 2
Article 22 – paragraph 2
(2f) Article 22(2) is replaced by the following: "2. The Commission shall review regularly the results achieved and may, by means of delegated acts in accordance with Articles 27, 27a and 27b, adopt measures to facilitate compliance with Articles 19 and 21."
Amendment 212 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 2 g (new)
Article 7 – point 2 g (new)
Directive 2004/109/EC
Article 23 – paragraph 4
Article 23 – paragraph 4
Amendment 213 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 2 h (new)
Article 7 – point 2 h (new)
Directive 2004/109/EC
Article 23 – paragraph 5
Article 23 – paragraph 5
(2h) Article 23(5) is replaced by the following: "5. In order to ensure consistent harmonisation and the uniform application of paragraph 2, the Commission may lay down, by means of delegated acts in accordance with Articles 27, 27a and 27b, measures defining the type of information disclosed in a third country that is of importance to the public in the Community. [...] The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 214 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 2 i (new)
Article 7 – point 2 i (new)
Directive 2004/109/EC
Article 23 – paragraph 7
Article 23 – paragraph 7
(2i) Article 23(7) is replaced by the following: "7. In order to take account of technical developments in financial markets and to ensure consistent harmonisation and the uniform application of paragraph 6, the Commission shall, in accordance with Articles 27, 27a and 27b, adopt implementing measures stating that, by reason of its domestic law, regulations, or administrative provisions, a third country ensures the equivalence of the independence requirements provided for under this Directive and delegated acts adopted under this Directive. The Commission shall also lay down, by means of delegated acts in accordance with Articles 27, 27a and 27b, measures aimed at establishing general equivalence criteria for the purpose of the first subparagraph. [...] The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 215 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 3 a (new)
Article 7 – point 3 a (new)
Directive 2004/109/EC
Chapter VI – title
Chapter VI – title
(3a) The title of Chapter VI is replaced by the following: "DELEGATED ACTS AND IMPLEMENTING MEASURES"
Amendment 216 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 3 b (new)
Article 7 – point 3 b (new)
Directive 2004/109/EC
Article 27 – paragraph 2a
Article 27 – paragraph 2a
(3b) Article 27(2a) is replaced by the following: "2a. The power to adopt the delegated acts referred to in Articles 2(3), 5(6), 9(7), 12(8) 13(2) 14(2), 17(4) 18(5), 19(4) 21(4), 23(4), 23(5) and 23(7) shall be conferred on the Commission for an indeterminate period of time."
Amendment 217 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 3 c (new)
Article 7 – point 3 c (new)
Directive 2004/109/EC
Article 27 – paragraph 2a a (new)
Article 27 – paragraph 2a a (new)
(3c) In Article 27, the following paragraph 2a a is inserted: "2aa. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council"
Amendment 218 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 3 d (new)
Article 7 – point 3 d (new)
Directive 2004/109/EC
Article 27 – paragraph 2 a b (new)
Article 27 – paragraph 2 a b (new)
(3d) In Article 27, the following paragraph 2ab is inserted: "2ab. The power to adopt delegated acts shall be conferred on the Commission subject to the conditions laid down in Articles 27a and 27b."
Amendment 219 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 3 e (new)
Article 7 – point 3 e (new)
Directive 2004/109/EC
Article 27 a (new)
Article 27 a (new)
(3e) The following Article is inserted: "Article 27a Revocation of the delegation 1. The delegation of power referred to in Articles 2(3), 5(6), 9(7), 12(8) 13(2) 14(2), 17(4) 18(5), 19(4) 21(4), 23(4), 23(5) and 23(7) may be revoked by the European Parliament or by the Council. 2. The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission stating the delegated powers which could be subject to revocation. The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union."
Amendment 220 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 3 f (new)
Article 7 – point 3 f (new)
Directive 2004/109/EC
Article 27 b (new)
Article 27 b (new)
(3f) The following Article is inserted: "Article 27b Objections to delegated acts 1. The European Parliament or the Council may object to a delegated act within a period of four months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by two months. 2. If, on the expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall enter into force at the date stated therein. If the European Parliament or the Council objects to a delegated act, it shall not enter into force."
Amendment 229 #
2009/0161(COD)
Proposal for a directive – amending act
Article 8 – point 2 a (new)
Article 8 – point 2 a (new)
Directive 2005/60/EC
Chapter VI – title
Chapter VI – title
(2a) The title of Chapter VI is replaced by the following: "DELEGATED ACTS"
Amendment 230 #
2009/0161(COD)
Proposal for a directive – amending act
Article 8 – point 2 b (new)
Article 8 – point 2 b (new)
Directive 2005/60/EC
Article 40 – paragraph 1 – subparagraph 1
Article 40 – paragraph 1 – subparagraph 1
(2b) In Article 40(1), the first subparagraph is replaced by the following: "1. In order to take account of technical developments in the fight against money laundering or terrorist financing and to ensure consistent harmonisation and uniform implementation of this Directive, the Commission shall, [...] adopt the following [...] measures:"
Amendment 231 #
2009/0161(COD)
Proposal for a directive – amending act
Article 8 – point 2 c (new)
Article 8 – point 2 c (new)
Directive 2005/60/EC
Article 40 – paragraph 1 – subparagraph 2
Article 40 – paragraph 1 – subparagraph 2
Amendment 232 #
2009/0161(COD)
Proposal for a directive – amending act
Article 8 – point 2 d (new)
Article 8 – point 2 d (new)
Directive 2005/60/EC
Article 40 – paragraph 1 – subparagraph 2 a (new)
Article 40 – paragraph 1 – subparagraph 2 a (new)
(2d) In Article 40(1), the following subparagraph is added: "The draft delegated acts shall be drawn up by the ESA within the framework of the Joint Committee of the European Supervisory Authorities.";
Amendment 233 #
2009/0161(COD)
Proposal for a directive – amending act
Article 8 – point 2 e (new)
Article 8 – point 2 e (new)
Directive 2005/60/EC
Article 40 – paragraph 3 – subparagraph 2
Article 40 – paragraph 3 – subparagraph 2
(2e) In Article 40(3), the second subparagraph is replaced by the following: "The measures [...] shall be adopted by means of delegated acts in accordance with Articles 41, 41a and 41b.";
Amendment 234 #
2009/0161(COD)
Proposal for a directive – amending act
Article 8 – point 2 f (new)
Article 8 – point 2 f (new)
Directive 2005/60/EC
Article 40 – paragraph 3 – subparagraph 2 a (new)
Article 40 – paragraph 3 – subparagraph 2 a (new)
(2f) In Article 40(3), the following subparagraph is added: "The draft delegated acts shall be drawn up by the ESA within the framework of the Joint Committee of the European Supervisory Authorities.";
Amendment 235 #
2009/0161(COD)
Proposal for a directive – amending act
Article 8 – point 2 g (new)
Article 8 – point 2 g (new)
Directive 2005/60/EC
Article 40 – paragraph 4
Article 40 – paragraph 4
(2g) Article 40(4) is replaced by the following: "Where the Commission finds that a third country does not meet the conditions laid down in Article 11(1) or (2), Article 28(3), (4) or (5), or in the measures established in accordance with paragraph 1(b) of this Article or in Article 16(1)(b), or that the legislation of that third country does not permit application of the measures required under the first subparagraph of Article 31(1), it shall adopt a decision so stating by means of delegated acts in accordance with Articles 41, 41a and 41b.";
Amendment 236 #
2009/0161(COD)
Proposal for a directive – amending act
Article 8 – point 2 h (new)
Article 8 – point 2 h (new)
Directive 2005/60/EC
Article 40 – paragraph 4 – subparagraph 1 a (new)
Article 40 – paragraph 4 – subparagraph 1 a (new)
Amendment 237 #
2009/0161(COD)
Proposal for a directive – amending act
Article 8 – point 2 i (new)
Article 8 – point 2 i (new)
Directive 2005/60/EC
Article 41 – paragraph 2 a
Article 41 – paragraph 2 a
(2i) Article 41(2a) is replaced by the following: "2a. The power to adopt delegated acts referred to in Article 40 shall be conferred on the Commission for an indeterminate period of time.";
Amendment 238 #
2009/0161(COD)
Proposal for a directive – amending act
Article 8 – point 2 j (new)
Article 8 – point 2 j (new)
Directive 2005/60/EC
Article 41 – paragraphs 2 b and 2 c (new)
Article 41 – paragraphs 2 b and 2 c (new)
(2j) In Article 41, the following paragraphs 2b and 2c are inserted: "2b. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 2c. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 41a and 41b.";
Amendment 239 #
2009/0161(COD)
Proposal for a directive – amending act
Article 8 – point 2 k (new)
Article 8 – point 2 k (new)
Directive 2005/60/EC
Article 41 – paragraph 3
Article 41 – paragraph 3
(2k) The third paragraph of Article 41 is deleted;
Amendment 240 #
2009/0161(COD)
Proposal for a directive – amending act
Article 8 – point 2 l (new)
Article 8 – point 2 l (new)
Directive 2005/60/EC
Article 41 a (new)
Article 41 a (new)
(2l) The following article is inserted: "Article 41a Revocation of the delegation 1. The delegation of powers referred to in Article 40 may be revoked by the European Parliament or by the Council. 2. The institution which has commenced an internal procedure for deciding whether to revoke the delegation of powers shall endeavour to inform the other institution and the Commission stating the delegated powers which could be subject to revocation. 3. The revocation decision shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.";
Amendment 241 #
2009/0161(COD)
Proposal for a directive – amending act
Article 8 – point 2 m (new)
Article 8 – point 2 m (new)
Directive 2005/60/EC
Article 41 b (new)
Article 41 b (new)
(2m) The following article is inserted: "Article 41b Objections to delegated acts 1. The European Parliament or the Council may object to a delegated act within a period of four months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by two months. 2. If, on the expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall enter into force at the date stated therein. If the European Parliament or the Council objects to a delegated act, it shall not enter into force.".
Amendment 317 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 29 a (new)
Article 9 – point 29 a (new)
Directive 2006/48/EC
Title VI – title
Title VI – title
(29a) The title of Title VI is replaced by the following. "DELEGATED ACTS AND POWERS OF EXECUTION"
Amendment 318 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 29 b (new)
Article 9 – point 29 b (new)
Directive 2006/48/EC
Article 150 – paragraph 1 – introductory wording
Article 150 – paragraph 1 – introductory wording
(29b) The first subparagraph ofArticle 150(1) is replaced by the following: "1. Without prejudice, as regards own funds, to the proposal that the Commission is to submit pursuant to Article 62, the technical adjustments [...] shall be adopted by means of delegated acts in accordance with [...] Articles 151, 151a, and 151 b:";
Amendment 319 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 29 c (new)
Article 9 – point 29 c (new)
Directive 2006/48/EC
Article 150 – paragraph 1 – subparagraph 1 a
Article 150 – paragraph 1 – subparagraph 1 a
(29c) In Article 150(1), the following subparagraph is added: "The draft delegated acts shall be drawn up by the European Banking Authority.";
Amendment 325 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 30 b (new)
Article 9 – point 30 b (new)
Directive 2006/48/EC
Article 150 – paragraph 2 – subparagraph 1
Article 150 – paragraph 2 – subparagraph 1
(30b) The introductory wording contained in the first subparagraph of Article 150(2) is replaced by the following: "The Commission may adopt the following [...] measures:"
Amendment 326 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 30 c (new)
Article 9 – point 30 c (new)
Directive 2006/48/EC
Article 150 – paragraph 2 – subparagraph 2
Article 150 – paragraph 2 – subparagraph 2
(30c) The second subparagraph of Article 150(2) is replaced by the following: "These measures shall be adopted by means of delegated acts in accordance with [...] Articles 151, 151a, 151b.";
Amendment 327 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 30 d (new)
Article 9 – point 30 d (new)
Directive 2006/48/EC
Article 150 – paragraph 2 – subparagraph 2 a (new)
Article 150 – paragraph 2 – subparagraph 2 a (new)
(30) In Article 150(2), the following subparagraph is added: "The draft delegated acts shall be drawn up by the European Banking Authority.";
Amendment 328 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 30 e (new)
Article 9 – point 30 e (new)
Directive 2006/48/EC
Article 151 – paragraph 2
Article 151 – paragraph 2
(30e) Article 151(2) is replaced by the following: "2. The power to adopt delegated acts referred to in Article 150 shall be conferred on the Commission for an indeterminate period of time.";
Amendment 329 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 30 f (new)
Article 9 – point 30 f (new)
Directive 2006/48/EC
Article 151 – paragraph 2 a
Article 151 – paragraph 2 a
(30f) Article 151(2a) is replaced by the following: "2a. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.";
Amendment 330 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 30 g (new)
Article 9 – point 30 g (new)
Directive 2006/48/EC
Article 151 – paragraph 2 b (new)
Article 151 – paragraph 2 b (new)
(30g) In Article 151, the following paragraph is inserted: "2b. The power to adopt delegated acts shall be conferred on the Commission subject to the conditions laid down in Articles 151a and 151b.";
Amendment 331 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 30 h (new)
Article 9 – point 30 h (new)
Directive 2006/48/EC
Article 151 – paragraph 3
Article 151 – paragraph 3
(30h) Article 151(3) is deleted;
Amendment 332 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 30 i (new)
Article 9 – point 30 i (new)
Directive 2006/48/EC
Article 151 a (new)
Article 151 a (new)
Amendment 333 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 30 j (new)
Article 9 – point 30 j (new)
Directive 2006/48/EC
Article 151 b (new)
Article 151 b (new)
Amendment 338 #
2009/0161(COD)
Proposal for a directive – amending act
Article 10 – point 1 a (new)
Article 10 – point 1 a (new)
Directive 2006/49/EC
Section 2 – title (before Article 41)
Section 2 – title (before Article 41)
(1a) The title of Section 2 is replaced by the following: "Delegated acts and Powers of execution"
Amendment 339 #
2009/0161(COD)
Proposal for a directive – amending act
Article 10 – point 1 b (new)
Article 10 – point 1 b (new)
Directive 2006/49/EC
Article 41 – paragraph 2
Article 41 – paragraph 2
Amendment 340 #
2009/0161(COD)
Proposal for a directive – amending act
Article 10 – point 1 c (new)
Article 10 – point 1 c (new)
Directive 2006/49/EC
Article 42 – paragraph 2
Article 42 – paragraph 2
(1c) Article 42(2) is replaced by the following: "2. The power to adopt delegated acts referred to in Article 41 shall be conferred on the Commission for an indeterminate period of time."
Amendment 341 #
2009/0161(COD)
Proposal for a directive – amending act
Article 10 – point 1 d (new)
Article 10 – point 1 d (new)
Directive 2006/49/EC
Article 42 – paragraphs 2 a (new) and 2 b (new)
Article 42 – paragraphs 2 a (new) and 2 b (new)
(1d) In Article 42, the following 2 paragraphs are added: "2a. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 2b.The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 42a and 42b."
Amendment 342 #
2009/0161(COD)
Proposal for a directive – amending act
Article 10 – point 1 e (new)
Article 10 – point 1 e (new)
Directive 2006/49/EC
Article 42 a (new)
Article 42 a (new)
Amendment 343 #
2009/0161(COD)
Proposal for a directive – amending act
Article 10 – point 1 f (new)
Article 10 – point 1 f (new)
Directive 2006/49/EC
Article 42 b (new)
Article 42 b (new)
(1f) The following article is inserted after Article 42a: "Article 42b Objections to delegated acts 1. The European Parliament or the Council may object to a delegated act within a period of four months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by two months. 2. If, on the expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall enter into force at the date stated therein. If the European Parliament or the Council objects to a delegated act, it shall not enter into force."
Amendment 352 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 2 a (new) – point a
Article 11 – point 2 a (new) – point a
Directive 2009/65/EC
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
Amendment 353 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 2 a (new) – point b
Article 11 – point 2 a (new) – point b
Directive 2009/65/EC
Article 12 – paragraph 3 – subparagraph 2
Article 12 – paragraph 3 – subparagraph 2
(b) The second subparagraph of Article 12(3) is deleted.
Amendment 354 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 2 a (new) – point c
Article 11 – point 2 a (new) – point c
Directive 2009/65/EC
Article 12 – paragraph 3 – subparagraph 2 a (new)
Article 12 – paragraph 3 – subparagraph 2 a (new)
(c) The following subparagraph is added: "The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 356 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 3
Article 11 – point 3
Directive 2009/65/EC
Article 12 – paragraph 4 – subparagraph 1
Article 12 – paragraph 4 – subparagraph 1
"4. In order to ensure uniform application of this Article, the European Securities and Markets Authority mayshall develop draft technical standards to determine the conditions of application of the implementing measures adopted by the Commission regarding the procedures, arrangements, structures and organisational requirements referred to in paragraph 3 of this Article.
Amendment 358 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 3
Article 11 – point 3
Directive 2009/65/EC
Article 12 – paragraph 4 – subparagraph 2
Article 12 – paragraph 4 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down infor implementing acts in accordance with Article 7291 of Regulation .../.... [ESMA]the Treaty on the Functioning of the European Union."
Amendment 359 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 3 a (new) – point a
Article 11 – point 3 a (new) – point a
Directive 2009/65/EC
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
(3a) Article 14(2) is amended as follows: (a) The first subparagraph is replaced by the following: "2. Without prejudice to Article 116, the Commission shall adopt, by 1 July 2010, by means of delegated acts in accordance with Articles 112, 112a and 112b, measures, with a view to ensuring that the management company complies with the duties set out in paragraph 1, in particular to:"
Amendment 360 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 3 a (new) – point b
Article 11 – point 3 a (new) – point b
Directive 2009/65/EC
Article 14 – paragraph 2 – subparagraph 2
Article 14 – paragraph 2 – subparagraph 2
(b) The second subparagraph is deleted.
Amendment 361 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 3 a (new) – point c
Article 11 – point 3 a (new) – point c
Directive 2009/65/EC
Article 14 – paragraph 2 – subparagraph 2 a (new)
Article 14 – paragraph 2 – subparagraph 2 a (new)
(c) The following subparagraph is added: "The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 363 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 4
Article 11 – point 4
Directive 2009/65/EC
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
"3. In order to ensure uniform application of this Article, the European Securities and Markets Authority mayshall develop draft technical standards to determine the conditions of application of the implementing measures adopted by the Commission regarding the criteria, principles and steps referred to in points (a), (b), and (c) of the first subparagraph 2 of this Article.
Amendment 365 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 4
Article 11 – point 4
Directive 2009/65/EC
Article 14 – paragraph 3 – subparagraph 2
Article 14 – paragraph 3 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down infor implementing acts pursuant to Article 7291 of Regulation .../.... [ESMA]the Treaty on the Functioning of the European Union."
Amendment 366 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 5 a (new) – point a
Article 11 – point 5 a (new) – point a
Directive 2009/65/EC
Article 23 – paragraph 6 – subparagraph 1
Article 23 – paragraph 6 – subparagraph 1
(5a) Article 23(6) is amended as follows: (a) The first subparagraph is replaced by the following: "6. The Commission shall adopt, by means of delegated acts in accordance with Articles 112, 112a and 112b, measures in relation to the measures to be taken by a depositary in order to fulfil its duties regarding a UCITS managed by a management company established in another Member State, including the particulars that need to be included in the standard agreement to be used by the depositary and the management company in accordance with paragraph 5."
Amendment 367 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 5 a (new) – point b
Article 11 – point 5 a (new) – point b
Directive 2009/65/EC
Article 23 – paragraph 6 – subparagraph 2
Article 23 – paragraph 6 – subparagraph 2
(b) The second subparagraph is deleted.
Amendment 368 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 5 a (new) – point c
Article 11 – point 5 a (new) – point c
Directive 2009/65/EC
Article 23 – paragraph 6 – subparagraph 2 a (new)
Article 23 – paragraph 6 – subparagraph 2 a (new)
(c) In Article 23(6), the following subparagraph is added: "The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 373 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 6 a (new) – point a
Article 11 – point 6 a (new) – point a
Directive 2009/65/EC
Article 33 – paragraph 6 – subparagraph 1
Article 33 – paragraph 6 – subparagraph 1
(6a) Article 33(6) is amended as follows: (a) The first subparagraph is replaced by the following: "6. The Commission shall adopt, by means of delegated acts in accordance with Articles 112, 112a and 112b, measures in relation to the measures to be taken by a depositary in order to fulfil its duties regarding a UCITS managed by a management company established in another Member State, including the particulars that need to be included in the standard agreement to be used by the depositary and the management company in accordance with paragraph 5."
Amendment 374 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 6 a (new) – point b
Article 11 – point 6 a (new) – point b
Directive 2009/65/EC
Article 33 – paragraph 6 – subparagraph 2
Article 33 – paragraph 6 – subparagraph 2
(b) The second subparagraph is deleted.
Amendment 375 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 6 a (new) – point c
Article 11 – point 6 a (new) – point c
Directive 2009/65/EC
Article 33 – paragraph 6 – subparagraph 2 a (new)
Article 33 – paragraph 6 – subparagraph 2 a (new)
(c) The following subparagraph is added: "The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 376 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 6 b (new) – point a
Article 11 – point 6 b (new) – point a
Directive 2009/65/EC
Article 43 – paragraph 5 – first subparagraph
Article 43 – paragraph 5 – first subparagraph
(6b) Article 43(5) is amended as follows: (a) The first subparagraph is replaced by the following: "5. The Commission shall adopt, by means of delegated acts in accordance with Articles 112, 112a and 112b, measures specifying the detailed content, format and method by which to provide the information referred to in paragraphs 1 and 3."
Amendment 377 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 6 b (new) – point b
Article 11 – point 6 b (new) – point b
Directive 2009/65/EC
Article 43 – paragraph 5 – second subparagraph
Article 43 – paragraph 5 – second subparagraph
(b) The second subparagraph is deleted.
Amendment 378 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 6 b (new) – point c
Article 11 – point 6 b (new) – point c
Directive 2009/65/EC
Article 43 – paragraph 5 – subparagraph 2 a (new)
Article 43 – paragraph 5 – subparagraph 2 a (new)
(c) The following subparagraph is added: "The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 380 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 7
Article 11 – point 7
Directive 2009/65/EC
Article 43 – paragraph 6 – subparagraph 1
Article 43 – paragraph 6 – subparagraph 1
"6. In order to ensure uniform application of this Article, the European Securities and Markets Authority mayshall develop draft technical standards to determine the conditions of application of the implementing measures adopted by the Commission regarding the content, format and method by which the information referred to in paragraphs 1 and 3 of this Article should be provided.
Amendment 382 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 7
Article 11 – point 7
Directive 2009/65/EC
Article 43 – paragraph 6 – subparagraph 2
Article 43 – paragraph 6 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down infor implementing acts in accordance with Article 7291 of Regulation .../.... [ESMA]the Treaty on the Functioning of the European Union."
Amendment 387 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 9 – point -a (new)
Article 11 – point 9 – point -a (new)
Directive 2009/65/EC
Article 51 – paragraph 4 (new)
Article 51 – paragraph 4 (new)
Amendment 390 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 9 – point a
Article 11 – point 9 – point a
Directive 2009/65/EC
Article 51 – paragraph 5
Article 51 – paragraph 5
Amendment 391 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 9 a (new) – point a
Article 11 – point 9 a (new) – point a
Directive 2009/65/EC
Article 60 – paragraph 6 – subparagraph 1
Article 60 – paragraph 6 – subparagraph 1
(9a) Article 60(6) is amended as follows: (a) The first subparagraph is replaced by the following: "6. The Commission shall adopt, by means of delegated acts in accordance with Articles 112, 112a and 112b, [...] measures specifying:"
Amendment 392 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 9 a (new) – point b
Article 11 – point 9 a (new) – point b
Directive 2009/65/EC
Article 60 – paragraph 6 – second subparagraph
Article 60 – paragraph 6 – second subparagraph
(b) The second subparagraph is deleted.
Amendment 393 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 9 a (new) – point c
Article 11 – point 9 a (new) – point c
Directive 2009/65/EC
Article 60 – paragraph 6 – subparagraph 2 a (new)
Article 60 – paragraph 6 – subparagraph 2 a (new)
(c) The following subparagraph is added: "The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 396 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 10
Article 11 – point 10
Directive 2009/65/EC
Article 60 – paragraph 7
Article 60 – paragraph 7
"7. In order to ensure uniform application of this Article, the European Securities and Markets Authority mayshall develop draft technical standards to determine the conditions of application of the implementing measures adopted by the Commission regarding the agreement, measures and procedures referred to in points (a), (b) and (c) of paragraph 6. The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down infor implementing acts in accordace with Article 7291 of Regulation .../.... [ESMA]the Treaty on the Functioning of the European Union."
Amendment 399 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 11 – point -a (new)
Article 11 – point 11 – point -a (new)
Directive 2009/65/EC
Article 61 – paragraph 3 (new)
Article 61 – paragraph 3 (new)
(11) Article 61 is amended as follows: (-a) The third paragraph is replaced by the following "3. The Commission shall adopt, by means of delegated acts in accordance with Articles 112, 112a and 112b, measures further specifying the following: (a) the particulars that need to be included in the agreement referred to in paragraph 1; and (b) the types of irregularities referred to in paragraph 2 which are deemed to have a negative impact on the feeder UCITS. [...] The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 400 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 11 - point a
Article 11 – point 11 - point a
Directive 2009/65/EC
Article 61 – paragraph 4
Article 61 – paragraph 4
Amendment 401 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 11 a (new)
Article 11 – point 11 a (new)
Directive 2009/65/EC
Article 62 – paragraph 4
Article 62 – paragraph 4
Amendment 404 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 12 – point -a (new)
Article 11 – point 12 – point -a (new)
Directive 2009/65/EC
Article 64 – paragraph 4 (new)
Article 64 – paragraph 4 (new)
(12) Article 64 is amended as follows: (-a) The forth paragraph is replaced by the following: "4. The Commission shall adopt, by means of delegated acts in accordance with Articles 112, 112a and 112b, measures specifying: (a) the format and the manner in which to provide the information referred to in paragraph 1; or (b) in the event that the feeder UCITS transfers all or parts of its assets to the master UCITS in exchange for units, the procedure for valuing and auditing such a contribution in kind and the role of the depositary of the feeder UCITS in that process. [...] The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 405 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 12 – point a
Article 11 – point 12 – point a
Directive 2009/65/EC
Article 64 – paragraph 5
Article 64 – paragraph 5
Amendment 410 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 13 a (new)
Article 11 – point 13 a (new)
Directive 2009/65/EC
Article 75 – paragraph 4
Article 75 – paragraph 4
(13a) Article 75(4) is replaced by the following: "4. The Commission shall adopt, by means of delegated acts in accordance with Articles 112, 112a and 112b, measures which define the specific conditions which need to be met when providing the prospectus in a durable medium other than paper or by means of a website which does not constitute a durable medium. [...] The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 413 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 14 – point -a (new)
Article 11 – point 14 – point -a (new)
Directive 2009/65/EC
Article 78 – paragraph 7 (new)
Article 78 – paragraph 7 (new)
Amendment 414 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 14 – point a
Article 11 – point 14 – point a
Directive 2009/65/EC
Article 78 – paragraph 8
Article 78 – paragraph 8
Amendment 415 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 14 a (new)
Article 11 – point 14 a (new)
Directive 2009/65/EC
Article 81 – paragraph 2
Article 81 – paragraph 2
(14a) Article 81(2) is replaced by the following: "2. The Commission shall adopt, by means of delegated acts in accordance with Articles 112, 112a and 112b, measures which define the specific conditions which need to be met when providing key investor information in a durable medium other than on paper or by means of a website which does not constitute a durable medium. [...] The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 424 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 16 – point -a (new)
Article 11 – point 16 – point -a (new)
Directive 2009/65/EC
Article 95 – paragraph 1
Article 95 – paragraph 1
(16) Article 95 is amended as follows: (-a) The first paragraph is replaced by the following: "1. The Commission shall adopt, by means of delegated acts in accordance with Articles 112, 112a and 112b, measures specifying: (a) the scope of the information referred to in Article 91(3); (b) the facilitation of access for the competent authorities of the UCITS host Member States to the information or documents referred to in Article 93(1), (2) and (3) in accordance with Article 93(7). [...] The draft delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 425 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 16 – point a
Article 11 – point 16 – point a
Directive 2009/65/EC
Article 95 – paragraph 2
Article 95 – paragraph 2
Amendment 434 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 20 a (new)
Article 11 – point 20 a (new)
Directive 2009/65/EC
Chapter XIII – title (before Article 111)
Chapter XIII – title (before Article 111)
(20a) The title of chapter XIII is replaced by the following: "DELEGATED ACTS AND POWERS OF EXECUTION"
Amendment 435 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 20 b (new)
Article 11 – point 20 b (new)
Directive 2009/65/EC
Article 111
Article 111
(20b) Article 111 is replaced by the following: "Article 111 The Commission shall adopt technical amendments to this Directive in the following areas: (a) clarification of the definitions in order to ensure consistent harmonisation and uniform application of this Directive throughout the Community; or (b) alignment of terminology and the framing of definitions in accordance with subsequent acts on UCITS and related matters. Those measures [...] shall be adopted by means of delegated acts in accordance with Articles 112, 112a and 112b. The draft of the delegated acts shall be drawn up by the European Securities and Markets Authority."
Amendment 436 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 20 c (new)
Article 11 – point 20 c (new)
Directive 2009/65/EC
Article 112
Article 112
(20c) Article 112 is replaced by the following: "Article 112 1. The Commission shall be assisted by the European Securities Committee established by Commission Decision 2001/528/EC. 2. The power to adopt delegated acts referred to in Articles 12, 14, 23, 33, 43, 51, 60, 61, 62, 64, 75, 78, 81, 95 and 111 shall be conferred on the Commission for an indeterminate period of time. 2a. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 2b. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 112a and 112b. 3. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months."
Amendment 437 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 20 d (new)
Article 11 – point 20 d (new)
Directive 2009/65/EC
Article 112 a (new)
Article 112 a (new)
(20d) The following article is inserted after Article 112: "Article 112a Revocation of the delegation 1. The delegation of powers referred to in Articles 12, 14, 23, 33, 43, 51, 60, 61, 62, 64, 75, 78, 81, 95 and 111 may be revoked by the European Parliament or by the Council. 2. The institution which has commenced an internal procedure for deciding whether to revoke the delegation of powers shall endeavour to inform the other institution and the Commission, stating the delegated powers which could be subject to revocation. 3. The revocation decision shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union."
Amendment 438 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 20 e (new)
Article 11 – point 20 e (new)
Directive 2009/65/EC
Article 112 b (new)
Article 112 b (new)
(20e) The following article is inserted after Article 112a: "Article 112b Objections to delegated acts 1. The European Parliament or the Council may object to a delegated act within a period of four months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by two months. 2. If, on the expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall enter into force at the date stated therein. If the European Parliament or the Council objects to a delegated act, it shall not enter into force."
Amendment 24 #
2009/0096(COD)
Proposal for a decision
Recital 3
Recital 3
(3) The ongoing Community and national efforts need to be strengthened to increase the supply of micro-credits to a sufficient scale and within a reasonable time-frame so as to address the high demand of those who need it most in this period of crisis and those who are excluded from the conventional credit market, i.e. unemployed or vulnerable people, including the young who want to start or develop a micro enterprise including self- employment but do not have access to credit, in which connection equal opportunities for women and men should be actively pursued as regards access to micro-credit facilities.
Amendment 33 #
2009/0096(COD)
Proposal for a decision
Recital 4
Recital 4
(4) The Commission Communication "A Shared Commitment for Employment" underlined the need to offer a new chance to the unemployed and open the road to entrepreneurship for some of Europe’s most disadvantaged groups, including the young. In addition to existing instruments, specific action is needed to further strengthen economic and social cohesion by reinforcing activities undertaken by the European Investment Bank and the European Investment Fund and other international financial institutions without prejudice to the activities of the Member States. The Commission therefore announced a proposal for a new EU microfinance Facility to deepen the outreach of microfinance to particular at- risk groups and to further support the development of entrepreneurship, the social economy and micro-enterprises. In order for the micro-credit Facility to be effective, yield lasting fruit, reach potential beneficiaries and serve as an element in economic policy and local development, it would be desirable for Member States to establish a national liaison unit which can coordinate, evaluate and monitor all the measures implemented in order to ensure that they are put to good use and not squandered.
Amendment 54 #
2009/0096(COD)
Proposal for a decision
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. The instrument shall provide the Community resources for access to micro- credit, actively promoting equal opportunities for women and men.
Amendment 60 #
2009/0096(COD)
Proposal for a decision
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) micro-enterprises in the social economy and micro-enterprises specialising in skilled production and service activities which employ persons who have lost their job or which employ disadvantaged persons, including the young.
Amendment 73 #
2009/0096(COD)
Proposal for a decision
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The Facility shall be open to national and local public and private bodies established in the Member States which provide microfinance to persons and micro-enterprises in the Member States.
Amendment 78 #
2009/0096(COD)
Proposal for a decision
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Mentoring and training programmes shall accompany the measures financed by the Facility.
Amendment 88 #
2009/0096(COD)
Proposal for a decision
Article 5 – paragraph 5 a(new)
Article 5 – paragraph 5 a(new)
5a. Member States may establish a national liaison unit with the purpose of coordinating the implementation of the micro-credit Facility. The liaison unit shall have the task of disseminating knowledge of the Facility among potential beneficiaries, developing evaluation and monitoring activities, cooperating with local level to ensure consistency with local economic development policies and promoting exchanges of information and of better practices at national and European level.