1816 Amendments of Ashley FOX
Amendment 20 #
2018/2088(INI)
Motion for a resolution
Recital C
Recital C
C. whereas rules and processes should be modifiedought to account for artificial intelligence and robotics;
Amendment 29 #
2018/2088(INI)
Motion for a resolution
Recital D
Recital D
D. whereas AI alone does not ensure truth or fairness, as bias iscan be introduced in how the data is selected and how the algorithm is written and can stem from bias present in society;
Amendment 46 #
2018/2088(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that automation derived fromcombined with artificial intelligence will increase productivity and therefore increase output; notes that, as in previous technological revolutions, some jobs will be replaced but new jobs will also be created;
Amendment 53 #
2018/2088(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recommends that Member States alongside private sector actors identify the risks and develop strategies to ensure relevant retraining and reskilling programmes are developed.
Amendment 64 #
2018/2088(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Urges Member States to focus on retraining workers in the industries most affected by automation; stresses that new education programmes should focus on developing the skills of workers so that they can seize job opportunities within the new jobs created by AI, encourages the development of digital literacy programmes in schools, the development of apprenticeships and vocational training priorities;
Amendment 76 #
2018/2088(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Urges Member States to address barriers to entry in the labour force such as excessive qualifications
Amendment 87 #
Amendment 91 #
2018/2088(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. WelcomNotes the ambition of Japan’s Robot Strategy to have 4 out of 5 patients opt for robotic care and calls on the Commission to reciprocate this ambition. Recognises that according to Eurobarometer at present EU citizens do not have the same sentiment. Calls on the Commission and Member States to develop strategies and communication campaigns to raise awareness of the benefits of the day-to- day use of robots;
Amendment 93 #
2018/2088(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that citizens are concerned about not knowing when AI is being used and what information will be processed. Recommends that there is disclosure when AI is used by consumers. To maintain consumer trust, it is important that data transmitted remains secure.
Amendment 94 #
2018/2088(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that investment in the development of AI ethics should also be encouraged. Believes that any model should have ethics by design.
Amendment 98 #
2018/2088(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Welcomes the Commission’s proposal on the digital Europe programme and the budget of 2.5 billion euros pledged to artificial intelligence as well as increased funding under the horizon 2020 programme. Understands the importance of EU funding complementing Member State and industry research budgets for AI and the need for collaboration between public, private and EU research programmes.
Amendment 107 #
2018/2088(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes the importance of greater investment in this field in order to remain competitive; recognises that while most of the investment and innovation in this area comes from private sector ventures, Member States and the Commission should also be encouraged to invest in research in this sector and outline their development priorities; cWelcomes the EU Invest proposal and other public private partnerships that will foster private funding. Considers that the coordination of private- and public-sector investment should be encouraged to ensure that development is focused;
Amendment 119 #
2018/2088(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that the future of this technology is contingent on societal acceptance and that greater emphasis must be placed on training and educationcommunicating its benefits to ensure greater understanding of the technology and its roleapplications; also notes that if consumers are not willing to adopt this technology, there will be less drive for innovation in this sector;
Amendment 123 #
2018/2088(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that public acceptance relies on how the public is informed about the opportunities, challenges and developments of artificial intelligence; recommends that Member States and the Commission ensure the dissemination of credible information addressing the main concerns regarding AI and robotics e.g. Privacy, safety and transparency of decisions.
Amendment 131 #
2018/2088(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Highlights the need for introducing AI-specific regulatory sandboxes to test the safe and effective use of AI technologies tested in a real- world environment.
Amendment 136 #
2018/2088(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Notes that for greater societal acceptance of artificial intelligence, there needs to be assurances that the systems being used are safe and secure.
Amendment 143 #
2018/2088(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Notes the importance of encouraging both the adoption of AI by consumers but also the adoption of AI in businesses.
Amendment 159 #
2018/2088(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that the availability of quality data is essential for real competitiveness in the AI industry, and calls for public authorities to ensure ways of producing, sharing and governing data by making data a common goodfreely available;
Amendment 161 #
2018/2088(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Believes that the success of AI applications, tailored to users across the EU, often requires extensive knowledge of local markets, as well as access to and use of adequate local data for the datasets training, system testing and validation, especially in sectors related to natural language processing. Asks Member states to encourage the availability of high quality, interoperable and open public sector as well as privately-held data.
Amendment 168 #
2018/2088(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Welcomes measures to facilitate and support the exchange and sharing of data across borders.
Amendment 171 #
2018/2088(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Highlights the importance of cloud computing as a key enabler of AI. Welcomes the encouragement of access to cloud services for public and private companied to develop and use AI more effectively.
Amendment 190 #
2018/2088(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Acknowledges the use of robotic process automation and the impact it has had in improving public sector processes, notes its interoperability with legacy systems.
Amendment 192 #
2018/2088(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Notes that public sector acceptance of AI can power the more wide-spread adoption of AI in other industries.
Amendment 193 #
2018/2088(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Asks the Member States to lead this digital transformation by positioning themselves as primary responsible users and buyers of AI technology. Stresses that in this context Member States have to adapt their data policies including public data collection, use, repositories or annotation to allow the AI deployment in all public sectors.
Amendment 194 #
2018/2088(INI)
Motion for a resolution
Paragraph 10 d (new)
Paragraph 10 d (new)
10d. Data Notes that at present, the sharing of data is well below its potential and large quantities of data are underutilised. Recognises that there is a reluctance to share data and the need for action to encourage this. Notes that the lack of common standards also has a large role to play in the ability to share data. Welcomes regulations such as the Free Flow of Data Regulation and the importance it has in fields such as AI to allow for more effective and efficient processes. Recognises that greater market-based incentives need to be put in place to encourage the access to and sharing of data. Notes the risk that data openness has on investing in data in the first place. Calls for greater clarity on data ownership rules and the legal frameworks in place. Notes that regulatory uncertainty has led to over-cautious responses from industry.
Amendment 195 #
2018/2088(INI)
Motion for a resolution
Paragraph 10 e (new)
Paragraph 10 e (new)
10e. Cyber Notes that as artificial intelligence evolves and hackers become more sophisticated, it will be imperative to have strong cybersecurity solutions. Recognises that implementation of AI solutions in cybersecurity will allow for the forecasting, prevention and mitigation of threats. Highlights that whilst AI will be able to provide greater coverage for the detection of threats, it is imperative to have the human interpretation of these threats to detect whether it is genuine or not. SMEs Recognises the importance of SMEs for the success of AI. Welcomes the Commission initiative to create an AI on demand platform that will boost technology transfer and catalyse the growth of start-ups and SMEs. Calls on the Commission to promote Digital Innovation Hubs for AI that do not lead to the creation of additional administration layers but focus on accelerating investments in projects that have proven their efficiency. Notes that the costs of investing in AI leads to high barriers to entry for SMEs. Recognises that widespread adoption of AI by consumers would de-risk this investment for SMEs. Highlights the need to promote the adoption of AI by SMEs just as much as the promotion of consumers to use it.
Amendment 222 #
2018/2088(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that the prevalence of autonomous vehicles in the future will shift the liability from the driver to the vehiclemanufacturer, requiring insurance companies to shift how they incorporate risk into their underwriting;
Amendment 227 #
2018/2088(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. BelievStresses that AI needs to be governed by a code of ethics in the same way that human behaviour is guided; recognises that in order to do this, rules must be in place to increaseethical rules must be in place to ensure human centric AI development, the accountability and transparency of algorithmic decision- making systems, clear liability rules and fairness;
Amendment 230 #
2018/2088(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Welcomes the Commission initiative to set-up the High-level experts group on Artificial Intelligence as well as EU AI alliance network with the aim to deliver ethical guidelines for AI. Asks the Commission to ensure the largest possible up take of those ethical guidelines by the industry, academia and public authorities. Recommends that Member States transfer the guidelines into their national AI strategies and develop real accountability structures for industries and governments as they design and deploy AI.
Amendment 237 #
2018/2088(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 250 #
2018/2088(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Stresses the difficulty and the complexity to predict the future behaviours of many complex AI systems and the emerging behaviours of interacting AI systems; ask the Commission to evaluate if there is a need for the specific regulations related to AI- enabled decision-making.
Amendment 253 #
2018/2088(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Highlights the need for a regulatory distinction between mistakes that arise from malfeasanice and those that arise from innovative practicunintentional mistakes;
Amendment 256 #
2018/2088(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls for people to have a right of appeal when AI is used for decisions affecting individuals, which carry a significant risk for an individuals’ rights or freedom or may cause them harm;
Amendment 264 #
2018/2088(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Points out that while AI brings great benefits in automation and decision- making, i but also carries an inherent risks when the algorithms are static and opaque; stresses, in this context, the need for greater transparency of algorithms;
Amendment 270 #
2018/2088(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Notes that AI systems should be accountable to humans and AI systems should provide meaningful information so that feedback can be given; recognises that the strength of AI models is dependent on feedback and reassessment and encourages this process.
Amendment 271 #
2018/2088(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Notes that transparency should be proportionate to the product or services purpose and context;
Amendment 273 #
2018/2088(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that algorithmic accountability should fall on the operator or provider and be regulated by policy- makers through impact assessments based on established parameters;
Amendment 279 #
2018/2088(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Notes that disclosing the computer code itself would be ineffective because it would not reveal the inherent biases that exist and would fail to explain the machine-learning process; cites as an example of this Google’s 'PageRank' algorithm, which enabled website owners to manipulate their pages with hidden content that would be interpreted as desirable in order to increase views;
Amendment 281 #
2018/2088(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Acknowledges that the transparency of source code could lead to misuse and the gaming of algorithms.
Amendment 285 #
2018/2088(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Stresses the need for the development of protocols for the on-going monitoring and detection of algorithmic bias;
Amendment 288 #
2018/2088(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29b. Points out that designers of algorithms should ensure that essential requirements such as fairness or explainability from the beginning of the design phase and throughout the development cycle are adhered to;
Amendment 290 #
2018/2088(INI)
Motion for a resolution
Paragraph 29 c (new)
Paragraph 29 c (new)
29c. Νotes the need for developing guidelines describing good development practices;
Amendment 291 #
2018/2088(INI)
Motion for a resolution
Paragraph 29 d (new)
Paragraph 29 d (new)
29d. Acknowledges that although transparency and explainability may allow for the discovery of deficiencies, they do not guarantee the reliability, security and fairness; therefore, accountability is the most important requirement.
Amendment 294 #
2018/2088(INI)
Motion for a resolution
Paragraph 29 e (new)
Paragraph 29 e (new)
29e. Stresses the importance of showing lineage to be able to trace the history of the AI model. Doing this will help to understand the models better and establish trust through a historical basis.
Amendment 296 #
2018/2088(INI)
Motion for a resolution
Paragraph 29 f (new)
Paragraph 29 f (new)
29f. Notes that Articles 13-15 of the GDPR mandates that data subjects receive meaningful information about the logic involved.
Amendment 298 #
2018/2088(INI)
Motion for a resolution
Paragraph 29 g (new)
Paragraph 29 g (new)
29g. Acknowledges the balance that needs to be reached between explainability and accuracy, notes that accuracy can be lost in an attempt to ensure explainability as solutions that cannot be explained may need to be rejected. Calls on the expert groups to determine the appropriate balance.
Amendment 300 #
2018/2088(INI)
Motion for a resolution
Paragraph 29 h (new)
Paragraph 29 h (new)
29h. Calls on the Commission to ensure that any Union legislation on artificial intelligence will include measures and rules which take into account the rapid technological evolution in this field, to ensure that Union legislation does not lag behind the curve of technological development and deployment; stresses the need for such legislation to be compliant with rules on privacy and data protection;
Amendment 302 #
2018/2088(INI)
Motion for a resolution
Paragraph 29 i (new)
Paragraph 29 i (new)
29i. Calls on the Commission and the Member States to promote strong and transparent cooperation between the public and private sectors and academia that would reinforce knowledge sharing, and to promote education and training for designers on ethical implications, safety and respect of fundamental rights as well as for consumers on the use of robotics and artificial intelligence, with particular focus on safety and data privacy;
Amendment 324 #
2018/2088(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 327 #
2018/2088(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Recommends that existing and future AI-related initiatives and pilot projects carried out by the Commission should be closely coordinated with Member States, so as to ensure the creation of real added value while avoiding costly double structures;
Amendment 10 #
2018/2002(INL)
Motion for a resolution
Paragraph 2 – indent 1
Paragraph 2 – indent 1
Amendment 12 #
2018/2002(INL)
Motion for a resolution
Paragraph 2 – indent 2
Paragraph 2 – indent 2
Amendment 15 #
2018/2002(INL)
Motion for a resolution
Paragraph 2 – indent 3
Paragraph 2 – indent 3
Amendment 17 #
2018/2002(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses that tax is a Member State competence and therefore any decision to grant special tax relief to the PEPP remains with each Member State;
Amendment 18 #
2018/2002(INL)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Recalls that Member States have the opportunity to take part in enhanced cooperation.;
Amendment 113 #
2018/0236(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The European Space Agency is an international organisation with extensive expertise in the space domain and which entered into a Framework Agreement with the European Community in 2004. It is therefore an important partner in the implementation of the Programme, with which any appropriate relations should be established. In this regard, and in compliance with the Financial Regulation, it is important to conclude a financial framework partnership agreement with the European Space Agency that governs all financial relations between the Commission, the Agency and the European Space Agency and ensures their consistency and conform to the Framework Agreement with the European Space Agency, in particular with Article 5 thereof. However, as the European Space Agency is not a Union body and is not subject to Union law, it is essential, in order to protect the interests of the Union and its Member States, that such an agreement be conditional on the introduction of appropriate operating rules in the European Space Agency. The , the agreement should also contain all the clauses necessary to safeguard the Union’s financial interests.
Amendment 135 #
2018/0236(COD)
Proposal for a regulation
Recital 54 a (new)
Recital 54 a (new)
(54a) In order to achieve the objectives of Copernicus on a sustainable basis, it is necessary to coordinate the activities of the various partners involved in Copernicus, and to develop, establish and operate a service and observation capacity meeting the demands of users. In this context, a committee (the Copernicus sub- committee) should assist the Commission in ensuring the coordination of contributions to Copernicus by the Union, the Member States and inter- governmental organisations as well as coordination with the private sector, making the best use of existing capacities and identifying gaps to be addressed at Union level. It should also assist the Commission in monitoring the coherent implementation of Copernicus. As sound public governance requires uniform management of Copernicus, faster decision-making and equal access to information, representatives of entities entrusted with budget implementation tasks should be able to take part as observers in the work of the Copernicus Committee. For the same reasons, representatives of third countries and international organisations who have concluded an international agreement with the Union should be able to take part in the work of the Copernicus Committee subject to security constraints and as provided for in the terms of such agreement. Such representatives should not be entitled to take part in the Copernicus Committee voting procedures.
Amendment 176 #
2018/0236(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) an autonomous, user-driven, Earth observation system under civil control, offering full, free and open geo- information data and geo-information services, comprising satellites, ground infrastructure, data and information processing facilities, and distribution infrastructure, and, where appropriate, fully integrating the needs and requirements of security (‘Copernicus’);
Amendment 199 #
2018/0236(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) maximise the socio-economic benefits, including by promoting the widest possible use of the data, information and services provided by the Programme's components both within and outside the Union;
Amendment 289 #
2018/0236(COD)
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. The Programme's components, with the exception of the SST, shall also be open to any third country or international organisation, in accordance with the conditions laid down in a specific agreement covering the participation of the third country or of the international organisation to any Union programme, provided that the agreement:
Amendment 293 #
2018/0236(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Third countries or international organisations may become GOVSATCOM participant referred to in Article 67 or participate or obtain access to the services provided by the SST only where, in accordance with the procedure provided for in Article 218 of the Treaty on the Functioning of the European Union, they enter into an agreement laying down the terms and conditions of the detailed rules for access to such data, information, capacities and services, and the framework for exchanging and protecting classified information.
Amendment 294 #
2018/0236(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The access of third countries or international organisations to the Public Regulated Service provided by Galileo shall be governed by Article 3(5) of Decision No 1104/2011/EU of the European Parliament and of the Council28 . Article 3 of Decision No 1104/2011/EU of the European Parliament and of the Council is amended as follows. (a) Paragraph 1 is replaced by the following: ‘1. The Member States, certain third countries, the Council, the Commission and the EEAS shall have the right to unlimited and uninterrupted access to the PRS worldwide.’ (b) Point b of paragraph 5 is replaced by the following: ‘(b) an agreement laying down the terms and conditions of the detailed rules for access to the PRS by the third country or international organisation; such an agreement could include the manufacturing and export to EU Member States and third parties with a PRS agreement, under specific conditions, of PRS receivers and security modules.’ _________________ 28 OJ L 287, 4.11.2011, p. 1–8.
Amendment 335 #
2018/0236(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point c a (new)
Article 14 – paragraph 1 – point c a (new)
(ca) to follow the principles of open access and fair competition throughout the industrial supply chain, tendering on the basis of the provision of transparent and timely information, clear communication of the applicable procurement rules, selection and award criteria and any other relevant information allowing a level-playing field for all potential bidders
Amendment 336 #
2018/0236(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) to foster the autonomy of the Union, in particular in technological termswhilst ensuring open access and fair competition by allowing entities based in participating third countries to be eligible to participate;
Amendment 343 #
2018/0236(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
Where necessary for the protection of the essential security interest of the Union and its Member States, in particular with regard to the need to preserve the integrity and resilience of the Union systems, as well as the autonomy of the industrial basis on which they rely and the need to ensure a fair balance as regards the contributions and benefits of any participating third country as set out in Article 7, the Commission shall set the requisite eligibility conditions applicable to the procurement, grants or prizes covered by this Title. Particular regard shall be had, for that purpose, to the need for eligible undertakings to be established in a Member State or participating third country, to commit to carry out any relevant activities inside the Union or the participating third country and to be effectively controlled by Member States or nationals of Member Statparticipating third countries, or nationals of Member States or participating third countries. Those conditions shall be included in the documents relating to the procurement, grant or prize, as applicable. In the case of procurement, the conditions shall apply to the full life cycle of the resulting contract.
Amendment 386 #
2018/0236(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point d
Article 30 – paragraph 1 – point d
(d) provide technical expertise to the Commission where this does not duplicate the role of the European Space Agency as set out in Article 31.
Amendment 432 #
2018/0236(COD)
Proposal for a regulation
Article 31 – paragraph 1 – point c b (new)
Article 31 – paragraph 1 – point c b (new)
(cb) as regard GOVSATCOM: coordination and development of the overall system for GOVSATCOM and development of the GOVSATCOM ground and space segment infrastructure.
Amendment 433 #
2018/0236(COD)
Proposal for a regulation
Article 31 – paragraph 1 – point c c (new)
Article 31 – paragraph 1 – point c c (new)
(cc) as regards access to space: ESA is entrusted by its Member States with the development of the European space transportation infrastructure. Regarding the activities of the Programme on launch service procurement for missions therein, ESA shall support the Commission as per Article 5 (a) and (c)
Amendment 460 #
2018/0236(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point b a (new)
Article 33 – paragraph 1 – point b a (new)
(ba) to establish robust, proportionate security measures which protect the interests of the Union and EUMS whilst also supporting the participation in the Programme of third countries and international institutions.
Amendment 558 #
2018/0236(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. SST core users shall comprise all the Member States, the EEAS, the Commission, the Council, participating third countries, public and private spacecraft owners and operators and public authorities concerned with civil protection established in the Union.
Amendment 559 #
2018/0236(COD)
Proposal for a regulation
Article 55 – paragraph 2 – subparagraph 1 – introductory part
Article 55 – paragraph 2 – subparagraph 1 – introductory part
Other public and private entities (non-core users) established in the Union or participating third countries may have access to one of the services mentioned in points (b) to (d) of Article 54(1) provided that they comply with the following criteria:
Amendment 615 #
2018/0236(COD)
Proposal for a regulation
Article 107 – paragraph 1 b (new)
Article 107 – paragraph 1 b (new)
1b. In the case of Copernicus, there shall be a Copernicus sub-committee. The Copernicus sub-committee shall set up the ‘User Forum’, as a working group to advise on the identification of user requirements, the verification of service compliance and the coordination of public sector users.
Amendment 196 #
2018/0227(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) make those capacities accessible to all businesses and public administrations, including universities;
Amendment 336 #
2018/0227(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. The work programme may provide in exceptional circumstances that participation is limited to beneficiaries established in Member States only, or to beneficiaries established in Member States and specified associated or other third countries for security reasons or actions directly related to EU strategic autonomy.
Amendment 342 #
2018/0227(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point g
Article 20 – paragraph 1 – point g
(g) where applicable, a balanced geographical distribution across the Union and associated countries, including the outermost regions;
Amendment 353 #
2018/0227(COD)
Proposal for a regulation
Annex I – part 4 – paragraph 1
Annex I – part 4 – paragraph 1
The Programme shall support easy access to advanced digital skills, notably in HPC, AI, distributed ledgers (e.g. blockchain), data analysis, data science and cybersecurity for the current and future labour force by offering students, recent graduates, and existing workers, wherever they are situated, with the means to acquire and develop these skills.
Amendment 272 #
2018/0225(COD)
Proposal for a decision
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) strengthening Europe’s scientific base and reinforcing and spreading excellence;
Amendment 293 #
2018/0225(COD)
Proposal for a decision
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) connecting and, developing and facilitating wide access to research infrastructures across the European research area;
Amendment 319 #
2018/0225(COD)
Proposal for a decision
Article 2 – paragraph 2 – point i
Article 2 – paragraph 2 – point i
(i) reinforcing the link between research and, innovation and education, and other policies, including Sustainable Development Goals;
Amendment 332 #
2018/0225(COD)
Proposal for a decision
Article 2 – paragraph 2 – point k
Article 2 – paragraph 2 – point k
(k) involving citizens, stakeholders and end-users in co-design and co-creation processes;
Amendment 336 #
2018/0225(COD)
Proposal for a decision
Article 2 – paragraph 2 – point l
Article 2 – paragraph 2 – point l
(l) improving science communication. so that the public better understand the potential benefits of emerging tools and technologies;
Amendment 347 #
2018/0225(COD)
(n) improving skills for research and innovation;
Amendment 432 #
2018/0225(COD)
Proposal for a decision
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. For each mission, a mission board may be established. It shall be composed of around 15 high level individuals including relevant end-users' representatives, stakeholders and academic experts from different disciplines. Each mission board should be established following an open call for nominations or for expressions of interest. The mission board shall advise upon the following:
Amendment 515 #
2018/0225(COD)
Proposal for a decision
Article 10 – paragraph 3 – subparagraph 1
Article 10 – paragraph 3 – subparagraph 1
The EIC Board shall be composed of 15 to 20 high level individuals drawn from various parts of Europe's innovation ecosystem, including entrepreneurs, corporate leaders, investors, academic experts and researchers. It shall contribute to outreach actions, with EIC Board members striving to enhance the prestige of the EIC brand.
Amendment 566 #
2018/0225(COD)
Proposal for a decision
Annex I – paragraph 3
Annex I – paragraph 3
It will include extensive consultations and exchanges with Member States, the European Parliament as appropriate, and with various stakeholders, including the private sector, about priorities, including missions, under the 'Global Challenges and Industrial Competitiveness' pillar, and the suitable types of action to use, in particular European partnerships.
Amendment 577 #
2018/0225(COD)
Proposal for a decision
Annex I – paragraph 5
Annex I – paragraph 5
The Strategic Planning will help to develop and realise the implementation of policy for the relevant areas covered, at EU level as well as complementing policy and policy approaches in the Member States. EU policy priorities and the ongoing activities of relevant stakeholder groups to realise these priorities will be taken into consideration during the Strategic Planning process to increase the contribution of research and innovation to the realisation of policy. It will also take into account foresight activities, public and private sector studies and other scientific evidence and take account of relevant existing initiatives at EU and national level.
Amendment 631 #
2018/0225(COD)
Proposal for a decision
Annex I – part I – point 1 – point 1.2 – point 1.2.1 – paragraph 1
Annex I – part I – point 1 – point 1.2 – point 1.2.1 – paragraph 1
Research funded by the ERC is expected to lead to advances at the frontier of knowledge, with scientific publications of the highest quality, to research results with high societal and economic potential impact and with the ERC setting a clear and inspirational target for frontier research across the EU, Europe and internationally. Aiming to make the EU a more attractive environment for the world's best scientists, the ERC will target a measurable improvement in the EU's share of the world's top 1 % most highly cited publications, and aim at a substantial increase in the number of excellent researchers from outside Europe which it funds. ERC funding shall be awarded in accordance with the following well- established principles. Scientific excellence shall be the sole criterion on which ERC grants are awarded. The ERC shall operate on a 'bottom-up' basis without predetermined priorities. There should be a balance of fundamental, applied and translational research and development to ensure efficient, fast translation of new discoveries into actual technologies and commercial products.
Amendment 722 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – paragraph 1
Annex I – part II – paragraph 1
Many of the challenges which confront the EU are also global challenges. The scale and complexity of the problems are vast, and need to be matched by the appropriate money, resources and effort in order to find solutions. These are precisely the areas where the EU must work togethcollaboratively and with global partners; smart, flexible and joined-up for the benefit and well- being of our citizens.
Amendment 298 #
2018/0224(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) It is the Union's objectiveThe Programme’s general objective is to deliver scientific, economic and societal impact from the Union’s investments in research and innovation so as to strengthen itsthe scientific and technological bases and encourage its competitiveness, including in its industry, while promoting all research and innovation activities toof the European Research Area and foster its competitiveness, including in its research excellence, fundamental research and industry, deliver on the Union's strategic priorities, which ultimately aim at promoting peace, the Union's values and the well-being of its peopleand contribute to tackling global challenges, including the Sustainable Development Goals.
Amendment 508 #
2018/0224(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Rules governing the exploitation and dissemination of results should be laid down to ensure that beneficiaries protect, exploit, disseminate and provide access to those results as appropriate. More emphasis should be given to exploiting the results, in particular in the Union and/or Associated countries. Beneficiaries should update their plans regarding the exploitation and dissemination of their results during and after the end of the action.
Amendment 584 #
2018/0224(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Programme’s general objective is to deliver scientific, economic and societal impact from the Union’s investments in research and innovation so as to strengthen the scientific and technological bases of the UnionEuropean Research Area and foster its competitiveness, including in its research, excellence, fundamental research industry, deliver on the Union strategic priorities, and contribute to tackling global challenges, including the Sustainable Development Goals.
Amendment 595 #
2018/0224(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) to promote scientific excellence and support the creation and diffusion of high-quality new knowledge, skills, technologies and solutions to global challenges;
Amendment 621 #
2018/0224(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) to strengthen the impactrole of research and innovation in developing, supporting and implementing Union policies, and support the uptake of innovative solutions in industry and society to address global challenges;
Amendment 629 #
2018/0224(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) to foster all forms of innovation, including breakthrough innovation, social and economic innovation and strengthen market deployment of knowledge and innovative solutions;
Amendment 648 #
2018/0224(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d a (new)
Article 3 – paragraph 2 – point d a (new)
(da) to support research excellence, researcher mobility, fundamental and frontier research, European research collaboration and strengthening international collaboration and networking
Amendment 660 #
2018/0224(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. To promote research excellence, researcher mobility and strengthening international collaboration;
Amendment 663 #
2018/0224(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 1 – introductory part
Article 4 – paragraph 1 – point 1 – introductory part
(1) Pillar I 'Open and Excellent Science', pursuing the specific objective set out in Article 3(2)(a) and also supporting specific objectives set out in Article 3(2)(b) and (c), with the following components:
Amendment 753 #
2018/0224(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The implementation of the specific programme29 shall be based on a transparent and strategic multiannual planning of research and innovation activities, in particular for the pillar 'Global Challenges and Industrial Competitiveness', following consultations with stakeholders about priorities and the suitable types of action and forms of implementation to use, including through advice provided by independent advisory groups of high-level experts. This shall ensure alignment with other relevant Union programmes. __________________ 29 …
Amendment 781 #
2018/0224(COD)
Proposal for a regulation
Article 6 – paragraph 9 a (new)
Article 6 – paragraph 9 a (new)
9a. All pillars and their respective components should foresee ample room for basic research in pursuit of its contribution towards a knowledge-based learning society and the related objective set out in Article 3(2)(a).
Amendment 828 #
2018/0224(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point d
Article 7 – paragraph 3 – point d
(d) be centered on ambitious, excellence-driven but realistic research and innovation activities across all stages of development;
Amendment 874 #
2018/0224(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a The European Innovation Council 1. The Commission shall establish a European Innovation Council (EIC) primarily for implementing actions under Pillar III ‘Open Innovation’. 2. The EIC shall operate with a focus on breakthrough and disruptive innovation in Europe, take calculated risks, and operate with efficiency, effectiveness, transparency and accountability, including, where possible, in conjunction with other funding programmes across the European Research Area. 3. The majority of the EIC budget shall be dedicated for innovative start-ups and SMEs. 4. The EIC Board and management features are defined in Decision (EU)...[Specific Programme] and its annexes.
Amendment 1095 #
2018/0224(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Open access to scientific publications resulting from research funded under the Programme shall be ensured in accordance with Article 35(3). Open access to research data underlying published research findings shall be ensured in line with the principle 'as open as possible, as closed as necessary'. Open access to other research outputs and other relevant research data shall be encouraged.
Amendment 1136 #
2018/0224(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The conditions determining the level of financial contribution shall ensure an automatic correction of any significant imbalance compared to the amount that entities established in the associated country receive through participation in the Programme, taking into account the costs in the management, execution and operation of the Programme. The balance of the financial contribution of associated countries shall be considered over the life span of the Programme.
Amendment 1142 #
2018/0224(COD)
Proposal for a regulation
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. Associated countries shall have the right to coordinate an action and the right to participate in all parts of the Programme.
Amendment 1175 #
2018/0224(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 1180 #
2018/0224(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. The following minimum conditions shall apply: (a) at least three legal entities shall participate in an action; (b) each of the three shall be established in a Member State or associated country; (c) no two of the three may be established in the same Member State or associated country; (d) all three legal entities shall be independent of each other.
Amendment 1190 #
2018/0224(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. For actions related to Union strategic assets, interests, autonomy or security, the work programme may provide in exceptional circumstances that the participation can be limited to those legal entities established in Member States only, or to those legal entities established in specified associated or other third countries in addition to Member States.
Amendment 1308 #
2018/0224(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. TFollowing consultation with independent experts and provided sufficient notice is given to beneficiaries, the action may also be terminated where expected results have lost their relevance for the Union due to scientific, technological or economic reasons, including in the case of EIC and missions, their relevance as part of a portfolio of actions.
Amendment 1348 #
2018/0224(COD)
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1
Article 35 – paragraph 1 – subparagraph 1
Beneficiaries having received Union funding shall use their best efforts to exploit their results, in particular in the Unionby priority in the Union and/or Associated countries. Exploitation may be done directly by the beneficiaries or indirectly in particular through the transfer and licensing of results in accordance with Article 36.
Amendment 1359 #
2018/0224(COD)
Proposal for a regulation
Article 35 – paragraph 3 – subparagraph 2
Article 35 – paragraph 3 – subparagraph 2
Open access to research data underlying published research findings shall be the general rule under the terms and conditions laid down in the grant agreement, but exceptions shall apply if justified, taking into consideration the legitimate interests of the beneficiaries and any other constraints, such as data protection rules, security rules or intellectual property rights. where the costs of preserving or supplying the data are disproportionate.
Amendment 1448 #
2018/0224(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. By derogation from Article 237(3) of the Financial Regulation, external experts may be selected without a call for expressions of interest, ifonly if a call for expressions of interest did not identify suitable external experts. Any selection of external experts without a call for expressions of interest must be duly justified and the selection is carried out in a transparent manner.
Amendment 50 #
2018/0073(CNS)
Proposal for a directive
Recital 4
Recital 4
(4) In its Communication "A Fair and Efficient Tax System in the European Union for the Digital Single Market"25 adopted on 21 September 2017, the Commission identified the challenges that the digital economy posed for existing tax rules, and committed to analyse the policy options available. The ECOFIN Council conclusions of 5 December 201726 invited the Commission to adopt proposals responding to the challenges of taxing profits in the digital economy, while taking note also of the interest expressed by many Member States for temporary measures aimed at revenues resulting from digital activities in the Union that would remain outside the scope of double tax conventions. However this should not prevent unilateral action from being taken by Member States. _________________ 25 Communication from the Commission to the European Parliament and the Council 'A Fair and Efficient Tax System in the European Union for the Digital Single Market' (COM(2017) 547 final of 21.9.2017). 26 Responding to the challenges of taxation of profits of the digital economy – Council conclusions (5 December 2017) (FISC 346 ECOFIN 1092).
Amendment 93 #
2018/0073(CNS)
Proposal for a directive
Recital 17
Recital 17
(17) Taxable services consisting in the transmission of data collected about users should cover only data which has been generated from such users' activities in digital interfaces, but not data which has been generated from sensors or other means and collected digitally. This is because the services within the scope of DST should be those using digital interfaces as a way to create user input which they monetise, rather than services using interfaces only as a way to transmit data generated otherwise. DST should therefore not be a tax on the collection of data, or the use of data collected by a business for the internal purposes of that business, or the sharing of data collected by a business with other parties for no consideration. What DST should target is the generation of revenues from the transmission of data obtained from a very specific activity (users' activities on digital interfaces) rather than targeting the sale of data.
Amendment 94 #
2018/0073(CNS)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) This report should focus on taxation based on user value creation rather than expanding the remit of this proposal to the sale of data.
Amendment 116 #
2018/0073(CNS)
Proposal for a directive
Recital 35
Recital 35
(35) The taxable revenues should be equal to the total gross revenues obtained by a taxable person, net of value added tax and other similar taxes. Taxable revenues should be recognised as obtained by a taxable person at the time when they become due, regardless of whether they have actually been paid by then. DST should be chargeable in a Member State on the proportion of taxable revenues obtained by a taxable person in a tax period that is treated as obtained in that Member State, and should be calculated by applying the DST rate to that proportion. There should be a single DST rate at Union level set at 3% in order to avoid distortions in the Single Market. The DST rate should be set at 3%, which and to achieves an appropriate balance between revenues generated by the tax and accounting for the differential DST impact for businesses with different profit margins.
Amendment 164 #
Amendment 29 #
2018/0072(CNS)
Proposal for a directive
Recital 2
Recital 2
(2) The Base Erosion and Profit Shifting (BEPS) Action 1 report on "Addressing the Tax Challenges of the Digital Economy" released by the OECD in October 2015 set out various different approaches for taxing the digital economy which were further examined in the OECD "Tax challenges Arising from Digitalisation – Interim Report 2018". As the digital transformation of the economy accelerates there is a growing need to find solutions to ensure a fair and effective taxation of digital companies. However, to date the OECD work on taxing the digital economy has not delivered sufficient progress, which illustrates the need for the Union to advance on this matter at Union level. This Directive should also serve as a basis for further work at the international level. However, notes that Member States should not be prevented from adopting unilateral solutions.
Amendment 48 #
2018/0072(CNS)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The concept of a significant digital presence and the solutions presented in this Directive should not become part of a Council Directive on a Common consolidated corporate tax base.
Amendment 84 #
2018/0072(CNS)
Proposal for a directive
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. As establishing corporate tax rates is a sovereign decision of Member States, each of them retains the right to fix the corporate tax rate that will be applicable to digital services’ revenues on its own territory.
Amendment 160 #
2018/0048(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) In order to allow for a competitive Union-framework, crowdfunding service providers should be permitted to raise capital through their platforms using tokens. Initial Coin Offerings (ICOs) offer new and innovative ways of funding but can also generate substantial market, fraud and cyber security risks to investors. Therefore, crowdfunding service providers that wish to offer ICOs through their platform, should comply with specific additional requirements under this Regulation. Whilst project owners can still opt for the private placement of an ICO or use a prospectus for an ICO, this regulation only covers those who opt to use a crowdfunding service provider as an intermediary. Further to this, ICOs raising in excess of EUR 8 000 000 or ICOs that do not use a centralised issuer should not fall within the scope of this Regulation. Only tokens that represent either a loan or transferable security and that have a central issuer who takes responsibility for the issuance of the tokens should be covered by the Regulation. Crowdfunding Service providers who offer ICOs via their platform should ensure that all requisite due diligence checks have been conducted in accordance with this regulation.
Amendment 170 #
2018/0048(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) To enable crowdfunding service providers to operate cross-border without facing divergent rules and thereby facilitating the funding of projects across the Union by investors from different Member States, Member States should not be allowed to impose additional requirements on crowdfunding service providers that are authorised by ESMAunder this Regulation.
Amendment 196 #
2018/0048(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point d a (new)
Article 2 – paragraph 2 – point d a (new)
(da) crowdfunding service providers that facilitate the raising of capital through their platforms via Initial Coin Offerings (ICO) that issue tokens that do not have a centralised issuer.
Amendment 199 #
2018/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a – introductory part
Article 3 – paragraph 1 – point a – introductory part
(a) ‘crowdfunding service’ means the matching of business funding interest of investors and project owners through the useprovision of a crowdfunding platform and which consist ofenables any of the following:
Amendment 201 #
2018/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a – point i
Article 3 – paragraph 1 – point a – point i
(i) the facilitation of granting of loans;Direct offer crowdfunding service:
Amendment 203 #
2018/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a – point i – point a (new)
Article 3 – paragraph 1 – point a – point i – point a (new)
(a) the facilitation of only matching the investor with the project owner(s); and
Amendment 204 #
2018/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a – point i – point b (new)
Article 3 – paragraph 1 – point a – point i – point b (new)
(b) the facilitation of only matching the project owner with investor(s).
Amendment 205 #
2018/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a – point ii
Article 3 – paragraph 1 – point a – point ii
(ii) the placing without firm commitment, as referred to in point 7 of Section A of Annex I to Directive 2014/65/EU, of transferable securities issued by project owners and the reception and transmission of client orders, as referred to in point 1 of Section A to Annex I to Directive 2014/65, with regard to those transferable securities;Intermediated Crowdfunding Service:
Amendment 208 #
2018/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a – point ii – point a (new)
Article 3 – paragraph 1 – point a – point ii – point a (new)
(a) the facilitation of at least matching the investor with the project owner(s) and determining the pricing and packaging of offers; and/or
Amendment 209 #
2018/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a – point ii – point b (new)
Article 3 – paragraph 1 – point a – point ii – point b (new)
(b) the facilitation of at least matching the project owner with investor(s) and or determining pricing of offers.
Amendment 210 #
2018/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a – point ii a (new)
Article 3 – paragraph 1 – point a – point ii a (new)
(iia) At least, the following activities (among others) shall be considered as services referred to in point ii: (a) the placing without firm commitment, as referred to in point 7 of Section A of Annex I to Directive 2014/65/EU, of transferable securities issued by project owners; (b) the offer of investment advice, as referred to in point5 of Section A to Annex I to Directive 2014/65/EU, with regards to those transferable securities; and (c) the reception and transmission of client orders, as referred to in point 1 of Section A to Annex I to Directive 2014/65, with regard to those transferable securities
Amendment 216 #
2018/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point l a (new)
Article 3 – paragraph 1 – point l a (new)
(la) ‘Initial Coin Offering’ or ‘ICO’ means a method of raising funds from the public using tokens that are put for sale by a business or an individual in exchange for fiat or cryptocurrencies.
Amendment 217 #
2018/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point l b (new)
Article 3 – paragraph 1 – point l b (new)
(lb) ‘token’ means any form of digital medium of exchange, a digital unit of account and/or a store of value that is used to serve as or represent an asset
Amendment 218 #
2018/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point l c (new)
Article 3 – paragraph 1 – point l c (new)
(lc) ‘cryptocurrency’ means a maths- based decentralised convertible virtual currency that is protected by cryptography, relies on public and private keys to transfer value from one person to another and may be cryptographically signed each time it is transferred;
Amendment 223 #
2018/0048(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. As regards the use of special purpose vehicles for the provision of crowdfunding services for investors who are not eligible counterparties, crowdfunding service providers shall only have the right to transfer one asset to the special purpose vehicle to enable investors to take exposure to that asset by means of acquiring securities. The decision to take exposure to that underlying asset shall exclusively lie with investors.
Amendment 224 #
2018/0048(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Provision of Initial Coin Offerings 1. This Regulation shall apply to crowdfunding service providers authorised in accordance with Article 10 who facilitates ICOs that fall within the scope of this Article 4a. 2. This Regulation shall only apply to ICOs of tokens where there is a centralised issuer of the tokens. 3. This Regulation shall only apply to ICOs of tokens that are either loans or transferable securities. 4. This Regulation shall only apply to the primary issuance or selling of tokens and not secondary trading of such tokens. 5. This Regulation shall not apply to private placement of tokens. 6. This Regulation shall not apply to ICOs with a consideration of more than EUR 8 000 000 per issuance in an ICO.
Amendment 300 #
2018/0048(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Crowdfunding service providers shall provide prospective investors with aA key investment information sheet drawn up by the project owner for each crowdfunding offer. The key investment information sheet shall be drafted in at least one of the official languages of the Member State concerned or in a language customary in the sphere of international financeEnglish.
Amendment 303 #
2018/0048(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 (new)
Article 16 – paragraph 1 – subparagraph 1 (new)
Crowdfunding service providers who offer services referred to in point (i) of Article 3(1)(a) of this regulation shall provide prospective investors with the following:
Amendment 307 #
2018/0048(COD)
Proposal for a regulation
Article 16 – paragraph 4 a (new)
Article 16 – paragraph 4 a (new)
4a. The requirement set out in point a of paragraph 2 shall not apply to crowdfunding service providers who offer services referred to in point (ii) of Article 3(1)(a) of this Regulation. Such providers shall instead draw up a key investment information sheet regarding the platform, which shall contain detailed information on the platform; its systems and controls for the management of risk and financial modelling for the crowdfunding offer; and its historic performance.
Amendment 312 #
2018/0048(COD)
Proposal for a regulation
Article 16 – paragraph 9 – subparagraph 1 (new)
Article 16 – paragraph 9 – subparagraph 1 (new)
Amendment 19 #
2017/2253(INI)
Motion for a resolution
Recital E
Recital E
Amendment 104 #
2017/2253(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Notes that regulatory convergence should be seen as outcomes based;
Amendment 120 #
2017/2253(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 137 #
2017/2253(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 144 #
2017/2253(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Notes that on the advice of the ESAs the Commission has the right to withdraw equivalence décisions; calls for the introduction of clear procedures and timelines governing the adoption, withdrawal or suspension of equivalence décisions; notes that for equivalence to be effective and relied upon notice periods must be of a suitable length as determined by research conducted by the ESAs;
Amendment 152 #
2017/2253(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Notes that third countries must keep the ESAs informed of any national regulatory developments; third countries must also stay informed of any regulatory updates from the union;
Amendment 212 #
2017/2253(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Welcomes vice-president Dombrovski's comments on the international nature of our financial system and the importance of global co- operation in his Eurofi speech on 14 September 2017.
Amendment 17 #
2017/2071(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the need to minimise the risk of crowding out the private sector by focusing on long-term financing otherwise unavailable to EIB clients on the markets, or by greater risk-taking, namely by supporting the financing of projects that would not get financed otherwise in a prudent manner;
Amendment 55 #
2017/2071(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls the high degree of urgency of clarifying the impact of Brexit on the EIB in order for the bank to continue to be able to perform its role; considers the possibility of allowing non-EU member states to become shareholders of the EIB;
Amendment 79 #
2017/2066(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises that enforcing the current legislation is central to tackling ‘dynamic currency conversion’; reaffirms that this will necessitate an obligation for merchants to clearly highlight and present the most advantageous option for consumers, including when these consumers are making ATM withdrawals involving currency conversion; notes that enhanced financial literacy of consumers is vital to achieve this;
Amendment 87 #
2017/2066(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Approves of the Commission’s ambition to incorporate the achievements of the Payment Accounts Directive to make it easier to change financial services providers and products; calls on the Commission to present legislative initiatives specifically targeted at the financial sector to end unjustified geo- blocking in order to facilitate switching by customers to more advantageous retail financial services in other Member States; notes that adequate disclosure and consumer protection will be key in achieving this;
Amendment 89 #
2017/2066(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 99 #
2017/2066(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Urges the Commission to promote tools such as Points of Single Contact, which will enhance competition and assist retail financial services firms;
Amendment 102 #
2017/2066(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes the view that subsequent to the Commission’s REFIT review of the Motor Insurance Directive, amendments to it will be vital to ensure compensation for traffic accident victims and to safeguard the cross-border portability and recognition of no-claims bonuses and in light of CJEU judgments that the scope of the Motor Insurance Directive be revised as soon as possible to address non-recognition of no claims bonuses and ensure it applies to circumstances it was intended to by the co-legislators;
Amendment 103 #
2017/2066(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. UrgesStresses that the Commission to put forward legislative proposals to amend the Insurance Distribution Directive to include car rental companies selling insurance add-ons with a view to ensuring transparent pricing covering all car rental companies across the Member Stateshould evaluate the transposition of the Insurance Distribution Directive before proposing any possible amendments;
Amendment 118 #
2017/2066(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Asks the Commission to assess carefully whether national rules and practices which are motivated by consumer protection concerns; underlines that the dismantling of any national barrierrequirements should not be to the detriment of consumer protection;
Amendment 130 #
2017/2066(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to amendevaluate the transposition of the Mortgage Credit Directive and the Consumer Credit Directive to introduce compulsory, harmonised, cross-border creditworthiness assessment standards and principles to better mitigate thand any concerns member states have raisk of inced, before asing over-indebtedness when facilitating pan-European online creditsessing the need for any changes;
Amendment 148 #
2017/2066(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Urges the Commission to create an environment that is conducive to innovative solutions; Notes that innovative companies such as FinTechs provide the competition needed to create an effective retail financial services market;
Amendment 229 #
2017/0143(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) PEPP providers should have access to the whole Union market with one single product authorisation issued by the European Insurance and Occupatia national competent authority, on the basis of a single set of rules. National competent authorities are responsible for the supervision of PEPP providers and already existing personal Ppensions Authority (“EIOPA”), on the basis of a single set of rul products, and are therefore best placed to assess the authorisation. Furthermore, national competent authorities are most suited to analyse national social, fiscal, contract and consumer protection law applicable to a PEPP. Lastly, as a general rule, retail financial products such as the PEPP should be authorised and supervised by national competent authorities.
Amendment 241 #
2017/0143(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In the case of the establishment of a branch or a permanent presence in another Member State, it is appropriate to distribute responsibility for enforcement between home and host Member States. While responsibility for compliance with obligations affecting the business as a whole – such as the rules on professional requirements – should remain with the competent authority of the home Member State under the same regime as in the case of provision of services, the competent authority of the host Member State should assume responsibility for enforcing the rules on information requirements, advertisements and conduct of business with regard to the services provided within its territory. However, where the competent authority of a host Member State becomes aware of any breaches of obligations occurring within its territory with respect to which this Directive does not confer responsibility on the host Member State, a close cooperation demands that that authority informs the competent authority of the home Member State so that the latter takes the appropriate measures. Such is the case in particular as regards breaches of the rules on good repute, professional knowledge and competence requirements. Moreover, in view of protecting consumers, the competent authority of the host Member State should be entitled to intervene if the home Member State fails to take appropriate measures or if the measures taken are insufficient.
Amendment 335 #
2017/0143(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point a a (new)
Article 2 – paragraph 1 – point 1 – point a a (new)
(aa) is neither directly nor indirectly linked to the occupation or the employment status of the individual saver;
Amendment 366 #
2017/0143(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) “competent authorities” or “NCAs” of the PEPP providers means the national authorities designated by each Member State to supervise PEPP providers;
Amendment 390 #
2017/0143(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c – point ii
Article 3 – paragraph 1 – point c – point ii
(ii) the provisions of Member States’ laws which would apply to a comparable personal pension product manufactured and distributed in accordance with the law of the Member State in which the manufacturer has its registered officeof the PEPP saver.
Amendment 391 #
2017/0143(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c – point ii
Article 3 – paragraph 1 – point c – point ii
(ii) the provisions of Member States’ laws which would apply to a comparable personal pension product manufactured and distributed in accordance with the law of the Member State in which the manufacturwhere the PEPP saver has its rlegistered offial residence.
Amendment 395 #
2017/0143(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. A PEPP may only be manufactured and distributed in the Union where it has been authorised by EIOPAthe competent authority of the home Member State of the PEPP provider in accordance with this Regulation.
Amendment 404 #
2017/0143(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 405 #
2017/0143(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 445 #
2017/0143(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Within two months from the date of submission of a complete application, EIOPthe NCA shall grant authorisation of the PEPP only where EIOPthe NCA is fully satisfied that the following conditions are met:
Amendment 447 #
2017/0143(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the applicant is authorised by its competent authority to manufacture products that follow investment strategies of the type covered by this Regulation;
Amendment 454 #
2017/0143(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 458 #
2017/0143(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. EIOPThe NCA shall communicate to the applicant the reasons for any refusal to grant authorisation of a PEPP.
Amendment 461 #
2017/0143(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. EIOPThe NCA shall withdraw the authorisation of a PEPP in the event that the conditions for granting this authorisation are no longer fulfilled.
Amendment 465 #
2017/0143(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 469 #
2017/0143(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. EIOPANCAs shall ensure co-ordination with and transmit information to EIOPA for the purposes of the exercise of their respective tasks to the European Supervisory Authority (European Banking Authority) established by Regulation (EU) No 1093/2010 and the European Supervisory Authority (European Securities and Markets Authority) established by Regulation (EU) No 1095/2010.
Amendment 476 #
2017/0143(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Existing personal pension products may be converted into “PEPPs” following authorisation by EIOPthe relevant NCA.
Amendment 509 #
2017/0143(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Three years at the latest afterPEPP providers shall list all available compartments in the econtry into application of this Regulation, each PEPP shall offer national compartments for all Member States upon request addressed to the PEPP providact with PEPP savers. The PEPP provider shall be obliged to maintain the compartments listed in the contract unless the PEPP saver and PEPP provider agree on individual conditions under which a compartment may be closed. This does not mean that a PEPP provider shall be obliged to offer this compartment to new customers.
Amendment 510 #
2017/0143(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Three years at the latest after the entry into application of this Regulation, each PEPP shall offer national compartments for all Member States upon request addressed to the PEPP providere available compartments shall be listed in the contract between the PEPP saver and PEPP provider. For each customer, the PEPP provider shall be obliged to maintain the compartments listed in this customer’s contract unless the PEPP provider and the PEPP customer agree on the individual conditions under which a compartment may be closed.
Amendment 527 #
2017/0143(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Without prejudice to the deadline under Article 13(3), iImmediately after being informed about the PEPP saver’s intention to exercise his right of mobility between Member States, the PEPP provider shall inform the PEPP saver about the possibility to open a new compartment within the PEPP saver’s individual account and about the deadline within which such compartment could be opened.
Amendment 580 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 3 – introductory part
Article 23 – paragraph 3 – introductory part
3. In addition to the information set out in Article 8(3)(c) of Regulation (EU) No 1286/2014, the section titled “What is this product?” shall contain the followingThe PEPP key information document shall be a stand-alone document, clear and separate from marketing materials. It should not contain cross-references to marketing material. It may contain cross-references to other documents but shall not be a substitute for any information required to be included in the PEPP key information document. Such information shall always be directly included in the key information: document.
Amendment 582 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 3 – point i
Article 23 – paragraph 3 – point i
(i) a descrippersonal details of the member, including a clear indication of the statutory retirement benefits and the extent to which they are guaranteedage, the retirement age laid down or estimated, or the retirement age set by the member, where applicable;
Amendment 584 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 3 – point ii
Article 23 – paragraph 3 – point ii
(ii) any minimum or maximum period for beloinformation on projections based on the retirement age as specified in point (a), and a disclaimer that those projections may differ from the final value of the benefits received. If the projections are based on economic scenarios, that information shall also include a best estimate scenario and an unfavourable scenario, taking ing to consideration the specific nature of the PEPP scheme;
Amendment 586 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 3 – point iii
Article 23 – paragraph 3 – point iii
(iii) the retirement agewhere applicable, information on full or partial guarantees and if relevant, where further information can be found;
Amendment 592 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 3 – point vi
Article 23 – paragraph 3 – point vi
(vi) available information related to the performance of the investment policy in terms of environmental, social and governance factorson whether and how corporate governance factors are considered in the investment approach;
Amendment 602 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3a. Member States shall exchange best practices with regard to the format and the content of the PEPP key information document
Amendment 613 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 5 a (new)
Article 23 – paragraph 5 a (new)
5a. The information must be clear and concise and presented in a way that facilitates the understanding of the document.
Amendment 618 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 6 – subparagraph 1
Article 23 – paragraph 6 – subparagraph 1
In order to ensure consistent application of this Article, the European Supervisory Authorities (European Banking Authority, European Securities and Markets Authority and EIOPA) (“ESAs”) shall, through the Joint Committee of the ESAs, develop draft implementingregulatory technical standards specifying the details of the presentation and the content of each of the elements of information referred to in paragraphs 3 and 4, together with the requirements needed to present that information in a standardised format allowing for comparison.
Amendment 619 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 6 – subparagraph 2
Article 23 – paragraph 6 – subparagraph 2
When developing the draft implementingregulatory technical standards the ESAs shall take into account the various types of PEPPs, the differences between them and the capabilities of PEPP savers as well as the features of the PEPPs so as to allow the PEPP saver to select between different underlying investments or other options provided for by the product, including where this selection can be undertaken at different points in time, or changed in the future.
Amendment 621 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 6 – subparagraph 3
Article 23 – paragraph 6 – subparagraph 3
The ESAs shall submit those draft implementingregulatory technical standards to the Commission by … nine months after the publication of this Regulation in the Official Journal of the European Union.
Amendment 622 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 6 – subparagraph 4
Article 23 – paragraph 6 – subparagraph 4
Power is conferred the Commission to adopt implementingregulatory technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 and of Regulation (EU) No 1095/2010.
Amendment 638 #
2017/0143(COD)
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1
Article 25 – paragraph 1 – subparagraph 1
Prior to the conclusion of a PEPP-related contract, the PEPP provider or distributor referred to in Article 19(c) of this Regulation shall specify, on the basis of information obtained from the PEPP saver, the retirement-related demands and the needs of that PEPP saver and shall provide the PEPP saver with objective information about the PEPP in a comprehensible form to allow that PEPP saver to make an informed decision.
Amendment 652 #
2017/0143(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. When providing advice onIf advice has been given in relation to a PEPPs, the PEPP provider or distributor referred to in Article 19(c) of this Regulation shall comply with the applicable national laws giving effect to the rules set out in Article 25(2) of Directive 2014/65/EU and with any directly applicable Union legislation adopted under Article 25(8) of that Directive relating to those rules.
Amendment 655 #
2017/0143(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. Where a PEPP provider or distributor referred to in Article 19(c) of this Regulation informs the PEPP saver that it gives its advice on an independent basis, it shall give that advice on the basis of an analysis of a sufficiently large number of personal pension products available on the market to enable it to make a personal recommendation, in accordance with professional criteria, regarding which the PEPP-related contract would be adequate to meet the PEPP saver’s needs. Such advice must not be limited to PEPP-related contracts provided by the PEPP provider or distributor itself, by entities having close links with the PEPP provider or distributor or by other entities with which the PEPP provider or distributor has close legal or economic relationships, including contractual relationships, as to pose a risk of impairing the independent basis of the advice provided.
Amendment 677 #
2017/0143(COD)
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. The PEPP Benefit Statement shall include, at least, the following key information for PEPP savers which shall be provided annually:
Amendment 678 #
2017/0143(COD)
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. The PEPP Benefit Statement shall include, at least, the following key information for PEPP savers which shall be provided annually:
Amendment 681 #
2017/0143(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
(a) personal details of the PEPP saver, name of the PEPP provider, information on pension benefit projections, information on accrued entitlements or accumulated capital, contributions paid by the PEPP saver or any third party and information on the funding level of the PEPP scheme, for which Article 39, paragraphs 1(a), (b), (d), (e), (f) and (h) of Directive 2016/2341/EU shall be applied, where the “member” means the PEPP saver, the “IORP” means the PEPP provider, the “pension scheme” means the PEPP scheme and “the sponsoring undertaking” means any third party for the purposes of this Regulation;
Amendment 700 #
2017/0143(COD)
Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 1
Article 29 – paragraph 3 – subparagraph 1
EIOPA, after consulting national authorities and after consumer testing, shall develop draft implementingregulatory technical standards specifying the details of the presentation of the information referred to in Article 28 and in this Article.
Amendment 732 #
2017/0143(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. PEPP providers shall offer up to five investment options to PEPP savers, at the discretion of the provider and categorised according to risk.
Amendment 739 #
2017/0143(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 750 #
2017/0143(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. The PEPP saver shall be able to optterms for a modifferentying the investment option once every five years of accumulations will be detailed in the PEPP contract.
Amendment 756 #
2017/0143(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
Amendment 758 #
2017/0143(COD)
Proposal for a regulation
Article 37
Article 37
Amendment 790 #
2017/0143(COD)
Proposal for a regulation
Article 38
Article 38
Amendment 791 #
2017/0143(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
Amendment 798 #
2017/0143(COD)
Proposal for a regulation
Article 39 – paragraph 1 – introductory part
Article 39 – paragraph 1 – introductory part
The Commission shall be empowered to adopt a delegated act in accordance with Article 62 specifying:use of risk-mitigation techniques shall ensure that the investment strategy for the PEPP is designed so as to build up a stable and adequate individual future retirement income from the PEPP and to ensure a fair treatment of all generations of PEPP savers.
Amendment 799 #
2017/0143(COD)
Proposal for a regulation
Article 39 – paragraph 1 – introductory part
Article 39 – paragraph 1 – introductory part
The Commission shall be empowered to adopt a delegated act in accordance with Article 62 specifying:use of risk-mitigation techniques shall ensure that the investment strategy for the PEPP saver is designed to build up a stable and adequate future retirement income and to ensure a fair treatment of all generations of PEPP savers.
Amendment 800 #
2017/0143(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
Amendment 801 #
2017/0143(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
Amendment 810 #
2017/0143(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point b
Article 39 – paragraph 1 – point b
Amendment 811 #
2017/0143(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point b
Article 39 – paragraph 1 – point b
Amendment 818 #
2017/0143(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
Amendment 822 #
2017/0143(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
PEPP providers may offer PEPPs with an option ensuring the coverage of the risk of biometric risks. For the purpose of this Regulation, “biometric risks” mean risks linked to longevity, disability and death.
Amendment 881 #
2017/0143(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The choice of the form of out- payments for the decumulation phase shall be exercised by PEPP savers upon conclusion of a PEPP contract and can be changed once every five years thereafter during the accumulation phase, if applicablunless the PEPP saver and PEPP provider have agreed otherwise.
Amendment 91 #
2016/2305(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that sector players should benefit from a level playing field and should enjoy the flexibility to design their own networks, choosing their investment model and the most appropriate technology or combination of technologies, including fibre-to-the-home (FTTH), Wi-Fi, G.fast, 2G, cable, satellite or any other rapid development technologies that will help connect all Europeans to VHC networks; underlines that variety of technologies offering various network speeds ensures to meet individual consumers' needs;
Amendment 115 #
2016/2305(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that 5G should be instrumental in tackling the digital divide and in improving internet take-up, especially in rural and remote areas; notes that continued investment is still needed in rolling out existing technologies in rural areas as many remote and less- populated regions do not experience the benefits of increased connectivity and the digital economy;
Amendment 132 #
2016/2305(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. WelcomNotes the WiFi4EU initiative to promote free internet in local communities by means of an EU-funded scheme; notes that access speeds are increasing, and that as usage across multiple wireless devices grows, WLAN will need to match end-to- end connectivity demands;
Amendment 163 #
2016/2305(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to ensure, maintain and develop financing for the 5G Action Plan at the appropriate level within the horizon of the next Multiannual Financial Framework 2020-2027;
Amendment 169 #
2016/2305(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Believes that the best path towards the gigabit society lies in a technology- inclusive approach supported by a broad range of investment models such as public- private or co-investments; notes that co- investment in very high capacity networkand similar voluntary decisions on investment in very high capacity networks or commercial wholesale access can help to pool resources, enable different flexible frameworks and lower deployment costs;
Amendment 193 #
2016/2305(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission and Member States to take the lead in promoting inter-sectoral, cross- lingual 5G interoperability and supporting privacy- friendly, reliable, secure services and to consider economic and geographic national circumstances as an integral part of a common strategy;
Amendment 203 #
2016/2305(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses the need to harmonise the European approach for electromagnetic fields (EMFs), in accordance withtake account of the International Commission on Non- Ionising Radiation Protection (ICNIRP) guidelines formally recognised by the WHO;
Amendment 213 #
2016/2305(INI)
22. Highlights that the development of the gigabit society requires fewer and simpler rules, which should be future- oriented, pro-competitive, pro-investment, pro-innovation and based on an assessment of market competition;economic bottlenecks, barriers to effective competition or potential consumer harm, stresses that infrastructure- based competition offers the potential for less regulation and allows for a fair long- term return on investments;
Amendment 218 #
2016/2305(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that National Broadband Plans need to be reviewed and, where appropriate, revised carefully, target all 5G areas, maintain a multi-technology approach, support regulatory flexibility and maximise the scope of innovation and coverage;
Amendment 225 #
2016/2305(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 242 #
2016/2305(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Supports the Commission’s proposed plan to set up spectrum harmonisationEU-level initiatives to ensure greater spectrum coordination between Member States and longer-term licence durations of at least 25 years, which will increase the stability and certainty of investments; highlights that spectrum is a finite and valuable national resource and notes that the decisions on these issues should be taken at the same time in all Member States to adopt binding guidance on certain conditions of the assignment process;
Amendment 118 #
2016/2243(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that legislation in the financial domain should be proportionate, frequently reviseduture proof and in accordance with the ‘Innovation Principle’, so that potential effects on innovation will be part of the impact assessment;
Amendment 125 #
2016/2243(INI)
Motion for a resolution
Paragraph 4 – point a
Paragraph 4 – point a
a. Same services and risk: same rules,: regardless of the type of legal entity concerned;
Amendment 134 #
2016/2243(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasises that a level playing field should not be used as a barrier to new market entrants offering innovative FinTech solutions, particularly in areas that may have previously been seen as natural monopolies;
Amendment 135 #
2016/2243(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls upon ESMA to take a proactive approach in trying to understand and accommodate new FinTech and RegTech solutions in areas of pre and post trade processes currently covered by MiFID, EMIR and CSDR; highlights that outsourcing provisions in the legislation should be viewed flexibly, with appropriate supervisory cooperation, to allow third party providers to offer solutions to new regulatory challenges;
Amendment 137 #
2016/2243(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recommends that the competent authorities allow controlled experimentation with new technologies, distribution methods and business models both for new entrants and existing market participants; believes that a regulatory sandbox can be helpful in achieving this; highlights that a pro-active dialogue with market participants can help supervisors and regulators to develop technological expertise;
Amendment 153 #
2016/2243(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights that some central banks are already experimenting with virtucentral bank digital currenciesy (CBDC) as well as other new technologies; encourages the relevant authorities in Europe to experiment as well, in order to keep up with market developments; recommends that the European Central Bank conduct experiments with a ‘virtual euro’Central Banks explore the advantages and disadvantages of issuing CBDC;
Amendment 172 #
2016/2243(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that RegTech has the potential to improve and alleviate compliance processes; calls on the relevant authorities to clarify the lregal conditionsulatory framework under which the outsourcing of compliance activities to third parties is allowed; recommends starting to experiment where there is no legacy of compliance yet, for example with the Central Securities Depository Regulation;
Amendment 188 #
2016/2243(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls upon the Commission to investigate whether there are any current legislative barriers within EU post trade legislation that would prevent Distributed Ledger Technology being used for clearing or settlement;
Amendment 235 #
2016/2243(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises the need for end-to-end security across the whole financial services value chain; points to the large and diverse risks posed by cyber-attacks, targeting our financial markets infrastructure, currencies and data; calls on the Commission to make cyber security the number onea key priority in the FinTech Action Plan;
Amendment 239 #
2016/2243(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the ESNCAs to regularly review operational standards in cooperation with the ESAs covering ICT risks of financial institutions; calls furthermore, owing to the varying level of protection in the cyber security strategies of Member States, for ESA guidelines on the supervision of these risks;
Amendment 255 #
2016/2243(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is concerned by the increased use of unpermissioned blockchain applications, in particular Bitcoin,Notes that FinTech may be used for criminal activities, tax evasion, tax avoidance and money laundering; invites the Commission to organise an annual multi-stakeholder conference on this subjectto address developments in this area;
Amendment 259 #
2016/2243(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Notes that costs of compliance with regulations such as AMLD should not stymie growth and scaling in the European FinTech sector. The Commission should assess how the costs of compliance can be reduced whilst maintaining market integrity.
Amendment 267 #
2016/2243(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Notes that cyber confidence is vital for the future growth and use of this technology;
Amendment 269 #
2016/2243(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Acknowledges the importance of application programming interfaces (APIs) in providing new actors with access to financial infrastructure; recommends thresearch into the possible creation of a set of standardised APIs to be used by providers, for example in the area of open banking;
Amendment 275 #
2016/2243(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Notes that the future of this technology lies in collaborating with other sectors; encourages standardising data formats as is the case in PSD2 to facilitate this;
Amendment 281 #
2016/2243(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the NCAs in cooperation with the ESAs to develop technology- neutral standards and licences for know- your-customer techniques, for example based on biometric criteria, which respects the privacy of users;
Amendment 1 #
2016/2145(INI)
Motion for a resolution
Citation 9
Citation 9
Amendment 5 #
2016/2145(INI)
Motion for a resolution
Citation 17
Citation 17
Amendment 19 #
2016/2145(INI)
Motion for a resolution
Recital A
Recital A
Amendment 28 #
2016/2145(INI)
Motion for a resolution
Recital B
Recital B
Amendment 33 #
2016/2145(INI)
Motion for a resolution
Recital C
Recital C
Amendment 36 #
2016/2145(INI)
Motion for a resolution
Recital D
Recital D
Amendment 39 #
2016/2145(INI)
Motion for a resolution
Recital E
Recital E
Amendment 44 #
2016/2145(INI)
Motion for a resolution
Recital F
Recital F
Amendment 47 #
2016/2145(INI)
Motion for a resolution
Recital G
Recital G
Amendment 52 #
2016/2145(INI)
Motion for a resolution
Recital H
Recital H
Amendment 56 #
2016/2145(INI)
Motion for a resolution
Recital I
Recital I
Amendment 63 #
2016/2145(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 88 #
2016/2145(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 93 #
2016/2145(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 100 #
2016/2145(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 118 #
2016/2145(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 123 #
2016/2145(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 131 #
2016/2145(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 142 #
2016/2145(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 153 #
2016/2145(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 169 #
2016/2145(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 178 #
2016/2145(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 190 #
2016/2145(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 196 #
2016/2145(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 198 #
2016/2145(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 202 #
2016/2145(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 206 #
2016/2145(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 212 #
2016/2145(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 216 #
2016/2145(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 222 #
2016/2145(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 229 #
2016/2145(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 232 #
2016/2145(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 235 #
2016/2145(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 240 #
2016/2145(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 252 #
2016/2145(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Commission to ensure that this initiative is fit for purpose, outward looking, future proof and technologically neutral, and highlights that the Commission and Member States must take their lead from the market and from the cloud computing industry itself in order to best meet the current and future demands of the sector and to drive innovation in cloud based technologies;
Amendment 253 #
2016/2145(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Notes the potential of big data for prompting technological innovation and building the knowledge based economy; Notes that reducing obstacles to knowledge-sharing will boost the competitiveness of businesses while also benefiting local and regional authorities; highlights the importance of facilitating data portability;
Amendment 254 #
2016/2145(INI)
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24c. Notes the Commission's proposal for the development of a large scale European Data Infrastructure, stresses the importance of market and industry led initiatives for infrastructure development and investment and questions the role and value of the European Commission's actions in this regard.
Amendment 255 #
2016/2145(INI)
Motion for a resolution
Paragraph 24 d (new)
Paragraph 24 d (new)
24d. Highlights that consideration must be paid to existing initiatives to avoid duplication which could hinder openness, competition and growth and that market- driven, pan-European standards for data sharing must be in line with international standards;
Amendment 256 #
2016/2145(INI)
Motion for a resolution
Paragraph 24 e (new)
Paragraph 24 e (new)
24e. Calls on the Commission and Member States to work with industry led standard-setting initiatives to ensure that the single market remains accessible to third countries and responsive to technological evolution, avoiding barriers which will hinder innovation and competitiveness in Europe; Notes that standard-setting in relation to data security and privacy is closely related to the question of jurisdiction and national authorities have a key role to play;
Amendment 257 #
2016/2145(INI)
Motion for a resolution
Paragraph 24 f (new)
Paragraph 24 f (new)
24f. Emphasises the need to find a balance between legitimate data protection concerns and the necessity to secure an untapped 'free flow of data'; calls on the need for existing data protection rules to be respected in an open big data market;
Amendment 258 #
2016/2145(INI)
Motion for a resolution
Paragraph 24 g (new)
Paragraph 24 g (new)
24g. Supports the proposal to make open research data the default option for new Horizon 2020 projects, as publicly funded research data are a public good, produced in the public interest and should be made openly available with as few restrictions as possible in a timely and responsible manner;
Amendment 259 #
2016/2145(INI)
Motion for a resolution
Paragraph 24 h (new)
Paragraph 24 h (new)
24h. Notes that the European Cloud Initiative focuses on potentially sensitive sectors of research and development and government e-portals. Reiterates that cyber security for cloud services is best dealt under the framework of the Network and Information Security Directive.
Amendment 260 #
2016/2145(INI)
Motion for a resolution
Paragraph 24 i (new)
Paragraph 24 i (new)
24i. Notes the importance of facilitating the interoperability of different equipment within networks, providing assurance of security and promoting component supply chains, all of which are important for the commercialisation of the technology;
Amendment 900 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 15 – paragraph 1
Rule 15 – paragraph 1
The President, Vice-Presidents and Quaestors shall be elected by secret ballot, in accordance with Rule 182. Nominations shall be with consent. They may only be made by a political group or by at least 40 Members. However, if the number of nominations does not exceed the number of seats to be filled, the candidates may be elected by acclamation. Members shall be permitted to serve a maximum of two terms in the office of President pursuant to Rule 19(1), regardless of whether they are served consecutively or not.
Amendment 1072 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 136
Rule 136
Amendment 61 #
2016/2056(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines the importance of promoting positive developments in this market by creating and maintaining a level playing field competitive environment where the rules are as technology- and business-model-neutral as is feapossible; points out that such an approach is necessary, not least in order to give new andhelp innovative SMEs a fair chancend start-ups to grow;
Amendment 83 #
2016/2056(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that all initiatives based on the Green Paper should be compatible with stepping up thegnisant of the international fight against tax fraud and tax evasion;
Amendment 103 #
2016/2056(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes the success of initiatives such as 'regulatory sandboxes' whereby regulators can work with innovative FinTech companies to provide a flexible framework for technologies to grow;
Amendment 117 #
2016/2056(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that the lack of an Insurance Guarantee Scheme in some Member States has the potential to undermine consumer confidence and calls on the Commission to consider legislation to mandate Insurance Guarantee Scheme Coverage.
Amendment 120 #
2016/2056(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses, not least given that otherwise positive the opportunity that digitalisation processes could trigger exclusionary tendencies, that the financial inclusion perspective should always be kept in mind, and that measures should be taken to ensure that all consumers have access to at least the most essential financial servicevides for financial services businesses and consumers;
Amendment 143 #
2016/2056(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that frontline employees at financial institutions have a crucial role to play in opening up retail services to all strands of society and to consumers all over Europeconsumers in the EU; points out that such employees should, in principle, be given the training and time necessary to be able to serve their customers accurately, and should not be made subject to sales targets or inducements that could bias or distort their advice;
Amendment 177 #
2016/2056(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that the enforcement of EU and national financial and consumer legislation needs to be strengthened; stresses that the European Supervisory Authorities should step up their activities on consumer issues and that the agencies responsible in a number of Member States should start to work more actively and competently in this fieldcarry out peer reviews to raise standards and consumer confidence;
Amendment 187 #
2016/2056(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that further legislative action to improve the transparency and comparability of financial products at the EU level is not necessary at this stage; highlights that future regulation should be flexible enough to accommodate technological advances and backed by a rigorous impact assessment that factors in behavioural research;
Amendment 195 #
2016/2056(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for the Commission to intensify its work against discrimination on grounds of residence in the European market on retail financial services and, if necessary, to complement the planned general proposals to end unjustified geo- blocking with further legislative initiatives targeted specifically at the financial sectorWelcomes that the Geo-blocking Regulation excluded financial services given their complexities; however, calls for the Commission to carry out a consultation with Member States and stakeholders to establish where refusal to provide financial services is justified and where it is not; stressing that firms should not be compelled to offer services where it is not commercially viable to do so;
Amendment 202 #
2016/2056(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 211 #
2016/2056(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission, inter alia with reference to the PAD, to map the rules, practices and non-practices that apply to domestic and cross-border switching in allrelevant parts of the European retail financial services market, and to present a coherent and comprehensive strategy for making switching easier for the consumerenabling consumers to make an informed choice;
Amendment 233 #
2016/2056(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission, in close cooperation with the Member States, to draw up a plan for establishingcontinue enhancing the Points of Single Contact, established under the services Directive and SOLVIT to form a coordinated network of national ‘'one-stop shops’ that would' which will assist retail financial firms wishing to make better use of cross- border business opportunities;
Amendment 265 #
2016/2056(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Encourages the Commission, while ensuring financial stability, to move forward in creating a stronger single market for mortgages and consumer credit, but to do so carefully, balancing privacy and data protection concerns with improved cross-border access to better- coordinated credit databases and making sure that credit-related incidents whereby consumers have been unreasonably exposed to currency exchange risks are not repeated to assess the changes made by the Mortgage Credit Directive before considering any further regulatory action;
Amendment 129 #
2016/2019(BUD)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Recalls the its resolution of 20 November 2013 on the location of the seats of the European Union’s Institutions1, which estimated the costs of the geographic dispersion of the Parliament to be between EUR 156 million and EUR 204 million and equivalent to 10% of the Parliament's budget; emphasises that the report also estimates the environmental impact of the geographic dispersion to be between 11,000 to 19,000 tonnes of CO2 emissions; reiterates the negative public perception caused by this dispersion; calls therefore for a roadmap to a single seat; __________________ 1 Texts adopted, P7_TA(2013)0498.
Amendment 10 #
2016/2018(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises the need to improve informal cooperation during the preparatory phase of delegated acts and implementing acts; warns against losing sight of the legislative intent of the co- legislators when preparing delegated and implementing acts; emphasises the importance of the Delegated Act Register, which will soon be operational; requests that the Commission notify the co- legislators simultaneously of all draft implementing measures adopted, including implementing acts and implementing technical standards;
Amendment 1 #
2016/2007(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to the Financial Action Task Force’s (FATF) Guidance for a Risk-Based Approach to Virtual Currencies as of June 2015,
Amendment 5 #
2016/2007(INI)
Motion for a resolution
Recital A
Recital A
A. whereas virtual currencies (VCs) are privately governed, which can be decentralised or governed models, are digital representations of value denominated in their own unit of account and referred to as private digital cash, most notably based on distributed ledger technology (DLT), the technological basis for more than 600 VC schemes18 , the most prominent of which to date is bitcoin, with a market share of almost 90 % and a market value of the outstanding bitcoins of around EUR 5 billion19 ; __________________ 18 http://www.bis.org/cpmi/publ/d137.pdf 19 http://coinmarketcap.com/
Amendment 10 #
2016/2007(INI)
Motion for a resolution
Recital B
Recital B
B. whereas DLT describes shared decentralisedincludes databases with varying levels of trust and resilience, with the potential to process large numbers of transactions rapidly, and with transformational capacity not only in the area of VCs but also in fintech more broadly speaking, where clearing and settlement might be one obvious application, and, beyond finance, especially with regard to proof of identity and property;
Amendment 27 #
2016/2007(INI)
Motion for a resolution
Paragraph 1 – point b
Paragraph 1 – point b
(b) more generally reducing the cost of access to finance even without a traditional bank account, thereby potentially contributing to financial inclusion and the derailed G20 and G8 ‘5x5 objective’23 ; __________________ 23 http://web.worldbank.org/WBSITE/EXTE RNAL/TOPICS/EXTFINANCIALSECTO R/0,,contentMDK:22383199~pagePK:210 058~piPK:210062~theSitePK:282885,00.h tml
Amendment 28 #
2016/2007(INI)
Motion for a resolution
Paragraph 1 – point c
Paragraph 1 – point c
(c) enhancing the speed and resilience of payment systems and trade in goods and services thanks to the inherently decentralised architecture of DLT, which might continue to operate reliably even if parts of its network were to malfunction or to be hacked;
Amendment 34 #
2016/2007(INI)
Motion for a resolution
Paragraph 1 – point e
Paragraph 1 – point e
(e) using such systems to develop secure online micropayment systems that could conceivably replace some of the present data-hungryexisting online business models which significantly challenge individual privacy;
Amendment 42 #
2016/2007(INI)
Motion for a resolution
Paragraph 2 – point b
Paragraph 2 – point b
(b) the absence of flexible and reliable governance structures, especially in some DLT applications such as bitcoin that create uncertainty and consumer protection problems, including the absence of a facility to refund a fraudulent or disrupted transaction, especially in case of challenges unforeseen by the original software designers;
Amendment 49 #
2016/2007(INI)
Motion for a resolution
Paragraph 2 – point d
Paragraph 2 – point d
(d) the legal uncertainty surrounding new applications of DLT, which may in some instances be the subject of (sometimes ill- suited) existing legislation while in other instances appropriate regulation may still be lacking;either due to the constraints of existing legislation, or due to the absence of legislation altogether.
Amendment 59 #
2016/2007(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Suggests that addressing these risks will require enhancing regulatory capacity and technical knowledge of the technological developments so that a timely and proportionate response will reliably be forthcoming if and when the use of some DLT applications were to grow rapidly to become systemically relevant;
Amendment 74 #
2016/2007(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages government agencies to test DLT systems in order to improve the provision of services to citizens, while cautioning onithout preventing the outsourcing of public services to proprietary private DLT schemes;
Amendment 77 #
2016/2007(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends that government agencies and competent authorities which are tasked with analysing large quantities of data explore the use of real-time DLT based supervision and reporting tools as part of a RegTech agenda in the financial sector and beyond, including in order to reduce the sizeable VAT gap in the Union26 ; __________________ 26 http://europa.eu/rapid/press-release_IP- 15-5592_en.htm
Amendment 87 #
2016/2007(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that key, as business models mature, some virtual currency or distributed ledger-based firms may also expand into markets and activities that fall under existing EU legislation, such as EMIR, CSDR, SFD, MiFID/MiFIR, UCITs and AIFMD, is likely to apply in line with the activities carried out, irrespective of the underlying technology;.
Amendment 89 #
2016/2007(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the Commission’s suggestions for including VC exchange platforms in the AMLD; recommends further extending the scope to custodian wallet providers if and whencautions against extending the scope to custodian wallet providers due to the very low usage of VC currently in the mainstream economy and possible unintended consequences; considers instead that regulatory and law enforcement bodies should dedicate sufficient resources to monitoring VC use and growth in the sector to assess the level of risk and would therefore only support an extension of the scope of the directive to cover custodian wallet providers following a thorough impact assessment and if the use of the VC(s) in question were to become so prevalent that users would no longer routinely need to exchange their VCs into legal tender;
Amendment 95 #
2016/2007(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recommends a review of the EU legislation on payments, including PSD and EMD, in light ofHighlights the importance of a competitive framework for payments, which would provide VCs access to appropriate payment infrastructure and enhance confidence in VC; Stresses, however, that not all provisions of existing PSD legislation would be appropriate for VC and that VC does not meet the required definitions under the EMD; underlines the new possibilities afforded by new technological developments including VCs and DLT, with a view to further enhancing competition and lowering transaction costs, including by means of enhanced interoperability and possibly also via the promotion of a universal and non- proprietary electronic wallet;
Amendment 113 #
2016/2007(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for the creation of a horizontal Task Force DLT (TF DLT) under the leadership of the Commission, in order to bring together stakeholders and provide the necessary technical and regulatory expertise to monitor VC usage, foster an awareness and support the relevant public actors, at both EU and Member State level, in their efforts to ensure a timely and well- informed response to the new opportunities and challenges arising with the introduction of DLT applications in cases where there is widespread use; notes, furthermore, the importance of monitoring VC usage and policy responses in third countries with regard to VC; observes that the potential of DLT use and the present investment dynamics justify TF DLT being equipped with a pproper budget and being staffed withriate resources, regulators and external technical experts dedicated cross- sectorally to the monitoring of DLT-based applications, identifying standards for best practice, and, where appropriatonly in cases where there is widespread market presence, recommending regulatory measures and addressing potentially arising consumer protection issues and systemic challenges;
Amendment 120 #
2016/2007(INI)
Motion for a resolution
Paragraph 14 – introductory part
Paragraph 14 – introductory part
14. Asks the Commission, on the basis of the findings of TF DLT, to explore the need for a legislative proposalcarry out an impact assessment on the feasibility of requiring private VCs and other DLT scheme actors which do not yet have to comply with suitable standards based on existing regulation to demonstrate whether their scheme:
Amendment 10 #
2016/0414(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Tax crimes relating to direct and indirect taxes should be included in the definition of criminal activity, in line with the revised FATF Recommendations. Given that different tax offences may in each Member State constitute a criminal activity punishable by means of the sanctions referred to in this Directive, definitions of tax crimes may diverge in national law. HoweverAs a result, no harmonisation of the definitions of tax crimes in Member States' national law is sought.
Amendment 15 #
2016/0414(COD)
Proposal for a directive
Recital 10
Recital 10
(10) This Directive aims to criminalise money laundering when committed intentionally. Intention and knowledge may be inferred from objective, factual circumstances. As this Directive provides for minimum rules, Member States are free to adopt or maintain more existringent criminal law rules for money laundering where they are as stringent or more so than this Directive and in line with the principle of subsidiarity. Member States may, for example, provide that money laundering committed recklessly or by serious negligence constitutes a criminal offence.
Amendment 21 #
2016/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – introductory part
Article 2 – paragraph 1 – point 1 – introductory part
(1) "criminal activity" means any kind of criminal involvement in the commission of the following crimes, subject to national legislation:
Amendment 28 #
2016/0412(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) As crime, money laundering and terrorism is often transnational in nature, effective cross-border cooperation is essential in order to seize and confiscate the proceeds and instrumentalities of crime.
Amendment 80 #
2016/0412(COD)
Proposal for a regulation
Article 33 – paragraph 3 a (new)
Article 33 – paragraph 3 a (new)
3a. Legal remedies in Member States, including mutual legal assistance, will be carried out without delay and with minimal administrative burdens, in order to speed up the asset recovery process.
Amendment 276 #
2016/0380(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. By way of derogation from paragraphs 1 and 2, Member States which apply public interventions in price setting for the supply of electricity forwhere there are market failures, particularly to protect energy poor or vulnerable household customers at the [OP: please insert the date of entry into force of this Directive] may continue to apply such public interventions until [OP: insert the date – five years from the entry into force of this Directive]. Such public interventions shall pursue a general economic interest, be clearly defined, transparent, non-discriminatory, verifiable and guarantee equal access for Union electricity companies to customers. The interventions shall not go beyond what is necessary to achieve the general economic interest which they pursue, and be limited in time and proportionate as regards their beneficiaries.
Amendment 291 #
2016/0380(COD)
Proposal for a directive
Article 5 – paragraph 4 – subparagraph 1
Article 5 – paragraph 4 – subparagraph 1
After[OP – insert the date – five years from the entry into force of this Directive], Member States may still apply public interventions in the price-setting for the supply of electricity for vulnerable household customers in so far as it is strictly necessary for reasons of extreme urgency to resolve fundamental market failings.. Such interventions shall comply with the conditions set out in paragraph 3.
Amendment 829 #
2016/0380(COD)
Proposal for a directive
Article 21 – paragraph 1 – introductory part
Article 21 – paragraph 1 – introductory part
1. Where smart metering is negatively assessed as a result of cost-benefit assessment referred to in Article 19(2), nor systematically rolled out, Member States shall ensure that every final customer is entitled to have installed or, where applicable, to have upgraded, on request and under fair and reasonable and cost effective conditions, a smart meter that complies with the following requirements:
Amendment 950 #
2016/0380(COD)
Proposal for a directive
Article 33 – paragraph 2 – point a
Article 33 – paragraph 2 – point a
(a) other parties, following an open and transparent tendering procedure or consultation process, have not expressed their interest to own, develop, manage or operate recharging points for electric vehicles or where the regulatory authority assesses that the level of interest is insufficient or unviable to meet recharging needs;
Amendment 959 #
2016/0380(COD)
Proposal for a directive
Article 33 – paragraph 4
Article 33 – paragraph 4
4. Where Member States have allowed distribution system operators to own, develop, manage or operate recharging points, or propose to allow them to, the Member State shall perform at regular intervals or at least every five years a public consultation in order to re-assess the potential interest of market parties to own, develop, operate or manage recharging points for electric vehicles. In case the public consultation indicates that third parties are able to own, develop, operate or manage such points, Member States shall ensure that distribution system operators' activities in this regard are phased-out.
Amendment 980 #
2016/0380(COD)
Proposal for a directive
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Distribution system operators shall not be allowed to own, develop, manage or operate energy storage facilities, except where ownership is established by [date come into force].
Amendment 989 #
2016/0380(COD)
Proposal for a directive
Article 36 – paragraph 2 – point a
Article 36 – paragraph 2 – point a
(a) other parties, following an open and transparent tendering procedure, havare not expressed their interestable to provide a viable proposition to own, develop, manage or operate storage facilities;
Amendment 990 #
2016/0380(COD)
Proposal for a directive
Article 36 – paragraph 2 – point b
Article 36 – paragraph 2 – point b
(b) such facilities are necessary forused primarily by the distribution system operators to fulfil their obligations under this Directive for the efficient, reliable and secure operation of the distribution system, or to foster innovation that will allow them to better fulfil these obligations in future; and;
Amendment 996 #
2016/0380(COD)
Proposal for a directive
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Articles 35 and 56 shall apply to distribution system operators allowed to engaged in ownership, development, operation or management of energy storage facilities.
Amendment 999 #
2016/0380(COD)
Proposal for a directive
Article 36 – paragraph 4
Article 36 – paragraph 4
4. Regulatory authorities shall perform at regular intervals or at least every five years a public consultation in order to support a re-assessment of the potential interest of market parties to invest, develop, operate or manage energy storage facilities. In case the public consultation owned by distribution system operators. In case the public consultation and the national regulatory authority’s assessment indicates that third parties are able to provide a viable proposition to own, develop, operate or manage suchpecific storage facilities, Member States shall ensure that distribution system operators' activities in this regard are phased-out.
Amendment 1088 #
2016/0380(COD)
Proposal for a directive
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Transmission system operators shall not be allowed to own, develop, manage or operate energy storage facilities and shall not own directly or indirectly control assets that provide ancillary services, except where ownership is established by [date come into force].
Amendment 1093 #
2016/0380(COD)
Proposal for a directive
Article 54 – paragraph 2 – introductory part
Article 54 – paragraph 2 – introductory part
2. By way of derogation from paragraph 1, Member States may allow transmission system operators to own, develop, manage or operate storage facilities or assets providing non-frequency ancillary services if the following conditions are fulfilled:
Amendment 1101 #
2016/0380(COD)
Proposal for a directive
Article 54 – paragraph 2 – point a
Article 54 – paragraph 2 – point a
(a) other parties, following an open and transparent tendering procedure, havare not expressed their interest to ownable to provide a viable proposition to own, develop, control, manage or operate suchtorage facilities offering storage and/or non-frequency ancillary services to the transmission system operator;
Amendment 1105 #
2016/0380(COD)
Proposal for a directive
Article 54 – paragraph 2 – point b
Article 54 – paragraph 2 – point b
(b) such facilities or non-frequency ancillary services are necessary forused primarily by the transmission system operators to fulfil their obligations under this Directive for the efficient, reliable and secure operation of the transmission system or to foster innovation that will allow them to better fulfil these obligations in future; and they are not used to sell electricity to the market; and
Amendment 1115 #
2016/0380(COD)
Proposal for a directive
Article 54 – paragraph 3 a (new)
Article 54 – paragraph 3 a (new)
3a. Articles 35 and 56 shall apply to transmission system operators allowed to engage in ownership, development, operation or management of energy storage facilities.
Amendment 1120 #
2016/0380(COD)
Proposal for a directive
Article 54 – paragraph 4
Article 54 – paragraph 4
4. The transmission system operator Regulatory authorities shall perform at regular intervals or at least every five years a public consultation for the required storage services in order to assess the potential interest of market parties to invest in such facilities and terminate its own storage activities in case third parties can provide the service in a cost-effective mannerin order to support a re-assessment of the potential interest of market parties to invest, develop, operate or manage such facilities. In case the public consultation and the national regulatory authority’s assessment indicates that third parties are able to provide a viable proposition to own, develop, operate or manage specific storage facilities, Member States shall ensure that distribution system operators' activities in this regard are phased-out.
Amendment 403 #
2016/0379(COD)
Proposal for a regulation
Article 5 – paragraph 9
Article 5 – paragraph 9
9. The procurement of upward balancing capacity and downward balancing capacity shall be carried out separately. The contracting shall be performed for not longer than one day before the provision of the balancing capacity and the contracting period shall have a maximum of one day.
Amendment 435 #
2016/0379(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 444 #
2016/0379(COD)
Proposal for a regulation
Article 7 – paragraph 4 – point 1 (new)
Article 7 – paragraph 4 – point 1 (new)
(1) By 1 January 2025, the imbalance settlement period shall be 15 minutes in all control areas.
Amendment 446 #
2016/0379(COD)
Proposal for a regulation
Article 7 – paragraph 4 – point 2 (new)
Article 7 – paragraph 4 – point 2 (new)
(2) The TSOs of a synchronous area may jointly request an exemption from the requirement laid down in paragraph 1.
Amendment 447 #
2016/0379(COD)
Proposal for a regulation
Article 7 – paragraph 4 – point 3 (new)
Article 7 – paragraph 4 – point 3 (new)
(3) Where the relevant regulatory authorities of a synchronous area grant an exemption from the requirement laid down in paragraph 1 upon a joint request of the TSOs in the concerned synchronous area or at their own initiative, they shall perform, in cooperation with the Agency and at least every three years, a cost-benefit analysis concerning the harmonisation of the imbalance settlement period within and between synchronous areas.
Amendment 827 #
2016/0379(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. In Member States or third countries which use interconnector revenues as income to be taken into account when calculating network tariffs as part of a policy explicitly designed to attract new investment into interconnection capacity, any revenues resulting from the allocation of capacity on interconnectors that are owned and operated by a separate legal entity from the main transmission system may be used, subject to approval by the regulatory authorities of the Member States concerned, up to a maximum amount to be determined by those regulatory authorities, as income to be taken into account by the regulatory authorities when approving the methodology for calculating network tariffs and/or fixing network tariffs.
Amendment 836 #
2016/0379(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall monitor resource adequacy within their territory based on the European resource adequacy assessment pursuant to Article 19national resource adequacy assessment, which shall consider the European resource adequacy assessment pursuant to Article 19. The methodology for a national resource adequacy assessment shall be determined by a Member State and shall take into account the methodology referred to in Article 19(4).
Amendment 842 #
2016/0379(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall monitor resource adequacy within their territory based on the European resource adequacy assessment pursuant to Article 19, which shall complement national resource adequacy assessments.
Amendment 852 #
2016/0379(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where national assessments or the European resource adequacy assessment identifies a resource adequacy concern Member States shall identify any regulatory distortions that caused or contributed to the emergence of the concern.
Amendment 945 #
2016/0379(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The reliability standard shall be set by the national regulatory authority based on thean agreed methodology, such as that pursuant to Article 19(5).
Amendment 948 #
2016/0379(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The parameters determining the amount of capacity procured in the capacity mechanism shall be approved by the national regulatorycompetent authority.
Amendment 1000 #
2016/0379(COD)
Proposal for a regulation
Article 21 – paragraph 8
Article 21 – paragraph 8
Amendment 1268 #
2016/0379(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Regional operational centres shall adopt binding decisions addressed to the transmission system operators in respect of the functions referred to in points (a), (b), (g) and (q) of Article 34(1). TIf a transmission system operators shall implement the binding decides not to implement any decisions issued by thea regional operational centres except in cases when the safety of the system will be negatively affected, the transmission system operator shall provide a reasoned justification based on system security and efficiency in writing to the regional operational centre and copied to the Commission, the Agency and the ENTSO for Electricity.
Amendment 1280 #
2016/0379(COD)
Proposal for a regulation
Article 38 – paragraph 4
Article 38 – paragraph 4
4. The regulatory authorities of a system operation region may jointly decide to grant binding decision-making powers to the regional operational centre for one or more of the functions provided for in points (c) to (f) and (h) to (l) of Article 34(1).
Amendment 71 #
2016/0377(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) An electricity crisis might extend beyond Union borders comprising also Energy Community countries and other third countries connecting to the EU electricity network. In order to ensure an efficient crisis management on borders between the Member States and the Contracting Part, Contracting Parties to the Energy Community Treaty, and other third countries, the Union should closely cooperate with the Energy Community Contracting Parties and third countries when preventing, preparing for and handling an electricity crisis.
Amendment 89 #
2016/0377(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shall ensure that all risks relating to security of electricity supply are assessed in accordance with the rules set out in this Regulation and Article 18 of the Electricity Regulation [proposed Electricity Regulation]. Security of electricity supply is a shared responsibility of electricity undertakings, Member States, in particular through their competent authorities, and the Commission within their respective areas of activity and competence. To this end, they shall cooperate with ENTSO-E and the regional operational centres.
Amendment 111 #
2016/0377(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Before submitting the proposed methodology, ENTSO-E shall conduct a consultation exercise involving at least the industry and consumer organisations, transmission and distribution system operators, national regulatory authorities and other national authorities. ENTSO-E shall duly take into account the results of the consultation.
Amendment 114 #
2016/0377(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. ENTSO-E shall update and improve the methodology regularly in accordance with paragraphs 1 to 5. The Agency or the Commission may request such updates and improvements with due justification. Within sixtwo months from the request, ENTSO-E shall submit to the Agency a draft of the proposed changes. Within a period of two months of receiving the draft, the Agency shall amend or approve the changes and publish it on its website.
Amendment 119 #
2016/0377(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. By [OPOCE to insert exact date: ten months after entry into force of this Regulation] and on the basis of the methodology adopted pursuant to Article 5, ENTSO-E shall identify t, in close co- operation with the Electricity Co- ordination Group. The most relevant electricity crisis scenarios for each region. It may delegate tasks relating to the identification of regional crisis scenarios to the regional operational centres who will also consult the Electricity Co-ordination Group.
Amendment 129 #
2016/0377(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. ENTSO-E shall update the scenarios every threefour years, unless circumstances warrant more frequent updates.
Amendment 144 #
2016/0377(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – introductory part
Article 8 – paragraph 1 – subparagraph 1 – introductory part
By [OPOCE to insert exact date: two months after entry into force of this Regulation], ENTSO-E shall submit to the Agency a proposal for a methodology for assessing short-term adequacy, namely seasonal (including intraday, week-ahead and monthly adequacy) as well as week-ahead to intradaynd seasonal adequacy, which shall cover at least the following:
Amendment 155 #
2016/0377(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. ENTSO-E shall update and improve the methodology regularly in accordance with paragraphs 1 to 3. The Agency or the Commission may request such updates and improvements with due justification. Within sixtwo months from the request, ENTSO-E shall submit to the Agency a draft of the proposed changes. Within a period of two months of receiving the draft, the Agency shall amend or approve the changes and publish it on its website.
Amendment 191 #
2016/0377(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) the designation of a regional crisis manageco-ordinator or team;
Amendment 193 #
2016/0377(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) measures to mitigate the impact of a crisis including a simultaneous crisis situation. These shallmay include regional load- shedding plans and technical, legal and financial arrangements regarding mutual assistance to ensure that electricity can be delivered where it is most needed and in an optimal manner. Such arrangements shall set out, inter alia, the trigger for the assistance, the calculation formula or amount, paying and receiving parties and arbitration rules;
Amendment 196 #
2016/0377(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The regional measures to be included in the plan shall be agreed by the competent authorities of the Member States in the region concerned. At least eight months before the deadline for the adoption or the updating of the plan, the competent authorities shall report on the agreements reached to the Electricity Coordination Group. If the competent authorities concerned were not able to reach an agreement, they shall inform the Commission of the reasons for such disagreement. In such case the Commission may request the Agency to facilitate the conclusion of an agreement in consultation with ENTSO-E and Competent Authorities.
Amendment 206 #
2016/0377(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Non-market measures mayshall be activated in a crisis situation and only if all options provided by the market have been exhaustedare likely to be exhausted or have been exhausted, and when the continuation of market activities could lead to the further deterioration of a crisis situation. They shall not unduly distort competition and the effective functioning of the electricity market. They shall be necessary, proportionate, non- discriminatory and temporary.
Amendment 213 #
2016/0377(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point d
Article 16 – paragraph 2 – point d
(d) an account of the assistance prepared, provided to or received from neighbouring Member States and non-EU countries;
Amendment 216 #
2016/0377(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point e
Article 16 – paragraph 2 – point e
(e) the economic impact of the electricity crisis, the economic impact on power generators and the impact of the measures taken on the electricity sector, in particular the volumes of energy non- served and the level of manual demand disconnection (including a comparison between the level of voluntary and forced demand disconnection);
Amendment 222 #
2016/0377(COD)
Proposal for a regulation
Article 18 – title
Article 18 – title
Cooperation with the Energy Community Contracting Parties and third countries
Amendment 223 #
2016/0377(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States and the Energy Community Contracting Parties and third countries connecting to the EU electricity network are invited to closely cooperate in the process of the identification of electricity crisis scenarios and the establishment of risk-preparedness plans so that no measures are taken that endanger the security of supply of Member States, Contracting Parties, third countries or the Union. In this respect, Energy Community Contracting Parties and, where relevant, other third countries may participate in the Electricity Coordination Group upon invitation by the Commission with regard to all matters by which they are concerned.
Amendment 115 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 1 a (new)
Article 21b – paragraph 1 a (new)
1 a. Competent authorities may require the institutions referred to in paragraph 1 to have two or more intermediate EU parent undertakings, where the competent authorities ascertain that a single intermediate EU parent undertaking would be incompatible with a mandatory requirement for separation of activities in accordance with rules of the third country where the ultimate parent undertaking of the third country group has its head office, or that it would be appropriate to facilitate effective supervision or resolution of the institution.
Amendment 119 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 1 b (new)
Article 21b – paragraph 1 b (new)
1 b. By derogation from paragraphs 1 and 1a, competent authorities may allow an institution in the Union which is part of the same third country group as other institutions in the Union to sit outside of the intermediate parent undertaking, or intermediate parent undertakings where it has determined the effect of the requirement(s) in paragraphs 1 and 1a on the structure of the institution(s) in question may have disproportionate impacts relative to benefits for supervision and resolution.
Amendment 121 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 2
Article 21b – paragraph 2
2. Member States shall require aAn intermediate EU parent undertaking in the Union to obtain authorisation as anshall be an credit institution authorised in accordance with Article 8, or as a financial holding company or mixed financial holding company approved in accordance with Article 21a. By way of derogation from the first subparagraph, where none of the institutions referred to in paragraph 1 is a credit institution or a second intermediate EU parent undertaking must be set up in connection with investment activities to comply with a mandatory requirement as referred to in paragraph 1a, the intermediate EU parent company or the second intermediate EU parent company, respectively, may be an investment firm authorised in accordance with Article 5(1) of Directive 2014/65/EU.
Amendment 130 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 3
Article 21b – paragraph 3
3. Paragraphs 1, 1a, 1b and 2 shall not apply where the total value of assets in the Union of the third country group is lower than EUR 350 billion, unless the third country group is a non-EU G-SII.
Amendment 133 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 4
Article 21b – paragraph 4
4. For the purposes of this Article, the total value of subsidiarised assets in the Union of the third country group shall include the following: (a)be the sum of the amount of total assets of each institution in the Union of the third country group, as resulting from their consolidated balance sheet; and (b) the third country group authorised in the Union. or as resulting from their individual balance sheet, where an institution's balance sheet is not consolidated. the total assets of each institution the total assets of each branch of
Amendment 143 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 4 a (new)
Article 21b – paragraph 4 a (new)
4 a. For the purposes of this Article, the total value of assets in the Union of the third country group shall be the sum of: (a) the amount of total assets of each institution in the Union of the third country group, as resulting from their consolidated balance sheet or as resulting from their individual balance sheet, where an institution's balance sheet is not consolidated; and (b) the amount of total assets of each branch of the third country group authorised to operate in the Union in accordance with Article 47.
Amendment 144 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 5
Article 21b – paragraph 5
5. Competent authorities shall notify to the EBA every authorisation granted pursuant to paragraph 2. the following information in respect of each third country group operating in their jurisdiction:
Amendment 145 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 5 a (new)
Article 21b – paragraph 5 a (new)
5 a. the names and amount of total assets of supervised institutions belonging to a third country group and the types of activities which they are authorised to carry out;
Amendment 146 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 5 b (new)
Article 21b – paragraph 5 b (new)
5 b. the names and amount of total assets corresponding to branches authorised in that Member State pursuant to Article 47;
Amendment 147 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 5 c (new)
Article 21b – paragraph 5 c (new)
5 c. the name and legal form of any intermediate EU parent undertaking set- up in that Member State and the name of the third country group of which it is part.
Amendment 148 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 6 – subparagraph 1
Article 21b – paragraph 6 – subparagraph 1
EBA shall publish on its website the list of all intermediate EU parent undertakingsthird country groups operating in the Union and of their intermediate EU parent undertaking or undertakings, where applicable that have been granted authorisation in the Union.
Amendment 149 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 6 – subparagraph 2
Article 21b – paragraph 6 – subparagraph 2
Competent authorities shall ensure that each institution under their jurisdiction that is part of a third country group meets one of the following conditions: (a) it has there is a single an intermediate EU parent undertaking for all institutions that are; (b) it is an intermediate EU parent undertaking; (c) it is the only institution in the Union of the third country group; (d) it is part of the samea third country group.. whose total value of assets in the Union is below EUR 50 billion or (e) it is an institution for which it has concluded that no intermediate EU parent undertaking is required.
Amendment 156 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 6 a (new)
Article 21b – paragraph 6 a (new)
6 a. Third country groups operating through more than one institution in the Union on [date of entry into force of this directive] and that are subject to this Article shall have an intermediate EU parent undertaking or, in the case referred to in paragraph 1a, two intermediate EU parent undertakings by four years from the date of application of Directive.
Amendment 160 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2013/36/EU
Article 21b – paragraph 6 b (new)
Article 21b – paragraph 6 b (new)
6 b. Within three years after the entry into force of this Directive, the Commission shall review the requirements imposed on institutions by this article and, after consulting the EBA, submit a report to the European Parliament and the Council. Following the publication of this report, the Commission shall, if appropriate, bring forward any necessary legislative amendments. This report shall consider: (a) whether the requirements of this Article are operable, necessary and proportionate and whether other measures would be more appropriate; (b) whether other jurisdictions apply requirements which are similar to this Article and, if so, the nature and effect of those requirements, whether they are consistent with the requirements of this Article and the impact of different asset thresholds in those jurisdictions; (c) the impact of structural separation requirements in other jurisdictions.
Amendment 217 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Article 1 – paragraph 1 – point 16 – point b
Directive 2013/36/EU
Article 94 – paragraph 3 – introductory part
Article 94 – paragraph 3 – introductory part
By way of derogation from paragraph 1, the principles set out in points (l), (m) and in the second subparagraph of point (o) shall not apply to:
Amendment 221 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Article 1 – paragraph 1 – point 16 – point b
Directive 2013/36/EU
Article 94 – paragraph 3 – point a
Article 94 – paragraph 3 – point a
(a) an institution the value of the assets of which is on average equal to or less than EUR 5 billion over the four-year period immediately preceding the current financial yearthe competent authority determines appropriate and proportionate to be excluded based on the size, internal organization and the nature, scope and complexity of their activities;
Amendment 228 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Article 1 – paragraph 1 – point 16 – point b
Directive 2013/36/EU
Article 94 – paragraph 3 – point b
Article 94 – paragraph 3 – point b
(b) a staff member whose annual variable remuneration does not exceed EUR 50.000 and does not represent more than one fourththe competent authority determines appropriate and proportionate to be excluded based ofn the staff member's annual total remuneraize, internal organisation and the nature, scope and complexity of the activities of the institution.
Amendment 230 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Article 1 – paragraph 1 – point 16 – point b
Directive 2013/36/EU
Article 94 – paragraph 3 – subparagraph 2
Article 94 – paragraph 3 – subparagraph 2
Amendment 233 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Article 1 – paragraph 1 – point 16 – point b
Directive 2013/36/EU
Article 94 – paragraph 3 – subparagraph 3
Article 94 – paragraph 3 – subparagraph 3
Amendment 270 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 103
Article 103
Amendment 276 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21 – point a
Article 1 – paragraph 1 – point 21 – point a
Directive 2013/36/EU
Article 104 – paragraph 1 – point l
Article 104 – paragraph 1 – point l
(l) to require additional disclosures on an ad hoc basis onlyfor institutions that are exposed to similar risks competent authorities may apply powers provided for in the first sub- paragraph, with the exception of points (a) and (k), to those institutions in a similar or identical manner where the Member State has provided the competent authority with the legal power to do so.
Amendment 311 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2013/36/EU
Article 104b – paragraph 1 – introductory part
Article 104b – paragraph 1 – introductory part
1. Pursuant to the strategies and processes referred to in Article 73 and after consulting the competent authority, institutions shall establish an adequate level of own funds that the competent authority is satisfied by and is sufficiently above the requirements set out in Parts Three, Four, Five and Seven of Regulation (EU) No 575/2013 and in this Directive, including the additional own funds requirements imposed by the competent authorities in accordance with Article 104(1)(a), in order to ensure that:
Amendment 317 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2013/36/EU
Article 104b – paragraph 3
Article 104b – paragraph 3
3. Competent authorities shall communicate to institutions the outcome of the review provided for in paragraph 2. Where appropriate, cCompetent authorities mayshall communicate to institutions anytheir expectation for adjustments to the level of own funds established in accordance with paragraph 1.
Amendment 321 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2013/36/EU
Article 104b – paragraph 4
Article 104b – paragraph 4
Amendment 323 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2013/36/EU
Article 104b – paragraph 5
Article 104b – paragraph 5
5. AWhere an institution that fails to meet the expectations set out in paragraph 3 shall not be subject to the restrictions referred to, the competent authorities may apply supervisory measures, as appropriate. Such measures may include those specified in Article 14104(1)(i).
Amendment 330 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Directive 2013/36/EU
Article 105 – point d
Article 105 – point d
(23) In Article 105, point (d) is deleted.
Amendment 355 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 30 a (new)
Article 1 – paragraph 1 – point 30 a (new)
Directive 2013/36/EU
Article 131 – paragraph 5
Article 131 – paragraph 5
(30 a) In Article 131, paragraph 5 is replaced by the following: "5. The competent authority or designated authority may require each O- SII, on a consolidated or sub-consolidated or individual basis, as applicable, to maintain an O-SII buffer of up to 2 between 0% and 3% of the total risk exposure amount calculated in accordance with Article 92(3) of Regulation (EU) No 575/2013, taking into account the criteria for the identification of the O-SII; which shall consist of and shall be supplementary to Common Equity Tier 1 capital (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013L0036&from=EN)Member States may waive the requirement to maintain an O-SII buffer and O-SII leverage buffer on a consolidated basis, where the buffers apply on an individual or sub- consolidated basis for O-SII subsidiaries that are subject to authorisation and supervision by the Member State concerned, are included in supervision on a consolidated basis and for which the relevant competent authority of that Member State is the consolidating supervisor. " Or. en
Amendment 362 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 30 b (new)
Article 1 – paragraph 1 – point 30 b (new)
(30 b) In Article 133, paragraph 1 is replaced by the following: "1. Each Member State may introduce a systemic risk buffer of Common Equity Tier 1 capital for the institutions, or a subset thereof, for their exposures to the financial sector or the non-financial sector or one or more subsets of thatose sectors, in order to prevent and mitigate long term non- cyclical systemic or macroprudential risks not covered by Regulation (EU) No 575/2013, in the meaning of a risk of disruption in the financial system with the potential to have serious negative consequences to the financial system and the real economy in a specific Member State. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013L0036&from=EN)" Or. en
Amendment 366 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 30 c (new)
Article 1 – paragraph 1 – point 30 c (new)
Directive 2013/36/EU
Article 133 – paragraph 3
Article 133 – paragraph 3
(30 c) In Article 133, paragraph 3 is replaced by the following: "3. For the purpose of paragraph 1 of this Article, institutions may be required to maintain, in addition to the Common Equity Tier 1 capital maintained to meet the own funds requirements imposed by Article 92 of Regulation (EU) No 575/2013, a systemic risk buffer of Common Equity Tier 1 capital of at least 1 % based on the exposures to which the systemic risk buffer applies in accordance with paragraph 8 of this Article, on an individual, consolidated, or sub- consolidated basis, as applicable in accordance with Part One, Title II of that Regulation. The overall systemic risk buffer rate of an institution shall be calculated as the sum of the amounts specified in points (a) and point (b) divided by the amount specified in point (c), expressed as a percentage: (a) any systemic risk buffer applied on all exposures for all institutions or, where relevant, to all exposures for subsets of institutions; (b) any systemic risk buffer applied to exposures to individual sectors or sub- sectors; and (c) the total risk exposure amount calculated in accordance with Article 92(3) of Regulation (EU) No 575/2013: The relevant competent or designated authority may require institutions to maintain the systemic risk buffer on an individual and on a consolidated level. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013L0036&from=EN)" Or. en
Amendment 370 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 30 d (new)
Article 1 – paragraph 1 – point 30 d (new)
Directive 2013/36/EU
Article 133 – paragraph 9
Article 133 – paragraph 9
(30 d) In Article 133, paragraph 9 is replaced by the following: "9. The systemic risk buffer shall apply to all institutions, or one or more subsets of those institutions, for which the authorities of the Member State concerned are competent in accordance with this Directive and shall be set in gradual or accelerated steps of adjustment of 0,5 percentage point. Different requirements may be introduced for different subsets of thea sector. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013L0036&from=EN), sectorial exposures or, where relevant, to sub-sets of sectorial exposures. " Or. en
Amendment 388 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2013/36/EU
Article 141 – paragraph 3
Article 141 – paragraph 3
3. Where an institution fails to meet or exceed its combined buffer requirement, it shall not distribute more than the MDA calculated in accordance with paragraph 4 through any action referred to in points (a), (b) and (c) of the second subparagraph of paragraph 2. An institution shall not take any of the action referred to in points (a) or (b) of the second subparagraph of paragraph 2before having made the payments due on Additional Tier 1 instruments.
Amendment 391 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
2013/36
Article 141 – paragraph 5 – first point a
Article 141 – paragraph 5 – first point a
(a) interim profits not included in Common Equity Tier 1 capital pursuant to Article 26(2) of Regulation (EU) No 575/2013 that have been generated since the most recent decision on the distribution of profits or any of the actions referred to in point (a), (b) or (c) of the second subparagraph of paragraph 2 of this Article;
Amendment 394 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2013/36/EU
Article 141 – paragraph 5 – second point a
Article 141 – paragraph 5 – second point a
(a) year-end profits not included in Common Equity Tier 1 capital pursuant to Article 26(2) of Regulation (EU) No 575/2013 that have been generated since the most recent decision on the distribution of profits or any of the actions referred to in point (a), (b) or (c) of the second subparagraph of paragraph 2 of this Article;
Amendment 407 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2013/36/EU
Article 141a – paragraph 2
Article 141a – paragraph 2
Amendment 424 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2013/36/EU
Article 161 – paragraph 10 a (new)
Article 161 – paragraph 10 a (new)
10 a. The Commission shall submit to the European Parliament six months after entry into force of this directive a report on regulatory instruments to mitigate sovereign exposure risks, as discussed by the Basel Committee on Banking Supervision in its 2017 discussion paper "The regulatory treatment of sovereign exposures".[1] This report shall give a thorough assessment of the functionality and effectiveness of these instruments to incentivise financial institutions to take proper account of the risks inherent in certain sovereign exposures in their asset portfolios. [1] Basel Committee on Banking Supervision (2017): The regulatory treatment of sovereign exposures, Bank for International Settlement discussion paper, December 2017.
Amendment 90 #
2016/0360B(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 119
Article 1 – paragraph 1 – point 119
Regulation (EU) No 575/2013
Article 473a – paragraph 1
Article 473a – paragraph 1
1. Until [date of application of this Article + 5 years]31 December 2022 institutions that prepare their accounts in conformity with the international accounting standards adopted in accordance with the procedure laid down in Article 6(2) of Regulation (EC) No 1606/2002 may add to their Common Equity Tier 1 capital the amount calculated in accordance with paragraph 2 of this Article multiplied by the applicable factor laid down in paragraph 3. An institution shall notify the competent authorities at the beginning of each year of the transitional period whether or not it shall apply the treatment set out in this Article.
Amendment 99 #
2016/0360B(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 119
Article 1 – paragraph 1 – point 119
Regulation (EU) No 575/2013
Article 473a – paragraph 2
Article 473a – paragraph 2
2. The amount referred to in paragraph 1 shall be calculated asthe greater of the following: (a) zero (b) the after-tax amount calculated in accordance with point (i) reduced by the amount calculated in accordance with point (ii): (i) the sum of the twelve -month expected credit losses determined in accordance with paragraph 5.5.5 of the Annex to Commission Regulation (EU) No …. / 2016 (32 )2016/2067 and the amount of the loss allowance for financial instruments equal to the lifetime expected losses determined in accordance with paragraph 5.5.3 of Commission Regulation (EU) No …. / 2016 (1). _________________ 32the Annex to that Regulation for financial assets that are not credit- impaired as defined in Appendix A to Regulation (EU) No 2016/2067; (ii) the total amount of impairment losses on loans and receivables, held to maturity investments and non-equity available for sale assets determined in accordance with paragraphs 63, 67 and 68 of IAS 39 adopted in the Union by Commission Regulation (EUC) No …./2016 of .. …… 2016 adopting certain international accounting standards in accordance with1126/2008 as at 31 December 2017 or on the day before the first application of IFRS 9, reduced by the total amount of the loss allowances for lifetime expected losses of credit impaired financial assets determined in accordance with paragraph 5.5.3 of the Annex to Commission Regulation (ECU) No 1606/2002 of the European Parliament and of the Council (OJ L , ……, p. )2016/2067 as at 1 January 2018 or on the date of the first application of IFRS 9.
Amendment 109 #
2016/0360B(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 119
Article 1 – paragraph 1 – point 119
Regulation (EU) No 575/2013
Article 473a – paragraph 3 – point a
Article 473a – paragraph 3 – point a
(a) 10.9 in the period from [date of application of this Article] to [ date of application of this Article + 1 year - 1 day]1 January 2018 to 31 December 2018;
Amendment 118 #
2016/0360B(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 119
Article 1 – paragraph 1 – point 119
Regulation (EU) No 575/2013
Article 473a – paragraph 3 – point b
Article 473a – paragraph 3 – point b
(b) 0,8 in the period from [date of application of this Article + 1 year] to [date of application of this Article + 2 years - 1 day]1 January 2019 to 31 December 2019;
Amendment 126 #
2016/0360B(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 119
Article 1 – paragraph 1 – point 119
Regulation (EU) No 575/2013
Article 473a – paragraph 3 – point c
Article 473a – paragraph 3 – point c
(c) 0,67 in the period from [date of application of this Article +2 years] to [date of application of this Article +3 years - 1 day]1 January 2020 to 31 December 2020;
Amendment 139 #
2016/0360B(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 119
Article 1 – paragraph 1 – point 119
Regulation (EU) No 575/213
Article 473a – paragraph 3 – point d
Article 473a – paragraph 3 – point d
(d) 0,45 in the period from [date of application of this Article +3 years] to [date of application of this Article +4 years - 1 day]1 January 2021 to 31 December 2021;
Amendment 155 #
2016/0360B(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 119
Article 1 – paragraph 1 – point 119
Regulation (EU) No 575/2013
Article 473a – paragraph 3 – point e
Article 473a – paragraph 3 – point e
(e) 0,25 in the period from [date of application of this Article +4 years] to [date of application of this Article +5 years - 1 day]1 January 2022 to 31 December 2022.
Amendment 215 #
2016/0360A(COD)
Proposal for a regulation
Recital 54 a (new)
Recital 54 a (new)
(54a) The main purpose of this regulation is promoting prudential behaviour of financial institutions. Before granting lower risk weights to green or social liabilities the European Commission should carry out an impact assessment that shows that lower risk weighting is justified by an overestimation of the risk over an entire economic cycle under the standard approach.
Amendment 222 #
2016/0360A(COD)
Proposal for a regulation
Recital 56 a (new)
Recital 56 a (new)
(56a) In line with the Fundamental Review of the Trading Book (FRTB) that the Basel Committee proposed in order to introduce the risk factor modellability assessment framework based on real price criteria, banks should be able to assess their required threshold for a risk factor based on reliable price data that reflects the market reality. Transaction data originated only from the bank may not suffice for a reliable risk assessment. This regulation should allow banks the use of data aggregators, that can also be provided by third parties, as an instrument that pools and sources real prices across the markets, broadens the view of the bank’s risk assessment and improves there liability of the data used to model the risk factor threshold.
Amendment 228 #
2016/0360A(COD)
Proposal for a regulation
Recital 70 a (new)
Recital 70 a (new)
(70a) In order to allow the Commission to consider the impact of capital requirement rules on smaller credit institutions, and whether application of rules designed for internationally active credit institutions are suitable for non- systemic firms, a review clause should be introduced that stipulates that the Commission will report on whether and how credit institutions which are not internationally-active or potentially systemically important, should comply with capital requirements obligations laid down in parts Two-Five and Eight of this Regulation. A proportionate framework that appropriately mitigates risk, while facilitating competition and diversity in banking, will aid financial stability and resilience by diversifying risk; support wider economic growth by increasing the sources of funding, improving productivity and creating jobs; and benefit citizens by making mortgages and other lending cheaper.
Amendment 259 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Amendment 269 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) No 575/2013
Article 8
Article 8
Amendment 304 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) 575/2013
Article 11 – paragraph 4 – subparagraph 1
Article 11 – paragraph 4 – subparagraph 1
EU parent institutions shall comply with Part Six on the basis of their consolidated situation, where the group comprises one or more credit institutions or investment firms that are authorised to provide the investment services and activities listed in points (3) and (6) of Section A of Annex I to Directive 2004/39/EC. Pending the report from the Commission referred to in Article 508(2) of this Regulation, and where the group comprises omainly investment firms, competent authorities may exempt the EU parent institutions from compliance with Part Six on a consolidated basis, taking into account the nature, scale and complexity of the investment firm's activities.
Amendment 319 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EU) No 575/2013
Article 36 – paragraph 1 – point b
Article 36 – paragraph 1 – point b
Amendment 333 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point b
Article 1 – paragraph 1 – point 19 – point b
Regulation (EU) No 575/2013
Article 52 – paragraph 1 – point p
Article 52 – paragraph 1 – point p
Amendment 338 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point c
Article 1 – paragraph 1 – point 19 – point c
Regulation (EU) No 575/2013
Article 52 – paragraph 1 – point q
Article 52 – paragraph 1 – point q
(q) the instruments may only be issued under, or be otherwise subject to the laws of a third country where, under those laws,: i) the exercise of the write down and conversion power referred to in Article 59 of Directive 2014/59/EU is effective and enforceable based on statutory provisions or legally enforceable contractual provisions that recognise resolution or other write-down or conversion actions; or ii) when the issuer is a resolution entity on which the local competent authority is empowered with similar write down and/or conversion powers as the ones referred in article 59 of Directive 2014/59/EU.
Amendment 342 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Regulation (EU) No 575/2013
Article 54 – paragraph 1 – point a –
Article 54 – paragraph 1 – point a –
(19a) In Article 54, paragraph 1, point (a) is replaced by the following: "(a) a trigger event occurs when the Common Equity Tier 1 capital ratio of the institution referred to in point (a) of Article 92(1) falls below either of the following: (i) 5,125 %; (ii) a level higher than 5,125 %, where determined by the institution and specified in the provisions governing the instrument;" (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R0575&from=en) The trigger will be eligible if it meets one of the following conditions: The trigger must be calculated under CRR or equivalent regulation. A regulatory equivalence decision will be provided by the Commission, however for the interim period prior to Commission decision, equivalence may be based on regulatory assessments conducted by other authorities. The trigger will be eligible if under local rules, the conversion trigger is set at a level that is equivalent or higher to the 5,125% trigger calculated under EU rules." Or. en
Amendment 345 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point c
Article 1 – paragraph 1 – point 23 – point c
Regulation (EU) No 575/2013
Article 63 – point n
Article 63 – point n
Amendment 361 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72b – paragraph 2 – point d – point ii
Article 72b – paragraph 2 – point d – point ii
(ii) the law governing the liabilities specifies that in the event of normal insolvency proceedings as defined in point 47 of Article 2(1) of Directive 2014/59/EU, the claim on the principal amount of the instruments ranks below claims arising from any of the excluded liabilities referred to in Article 72a(2); or
Amendment 362 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27 (new)
Article 1 – paragraph 1 – point 27 (new)
Regulation (EU) No 575/2013
Article 72b – paragraph 2 – point d – point ii a (new)
Article 72b – paragraph 2 – point d – point ii a (new)
(iia) the instruments are issued by a resolution entity which does not have on its balance sheet any excluded liabilities as referred to in Article 72s(2) that rank pari passu or junior to eligible liabilities instruments;
Amendment 363 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72b – paragraph 2 – point e
Article 72b – paragraph 2 – point e
Amendment 364 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72b – paragraph 2 – point g
Article 72b – paragraph 2 – point g
(g) the liabilities are not subject to any set off arrangements or netting rights that would undermine their capacity to absorb losses in resolution;
Amendment 367 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72b – paragraph 2 – point h
Article 72b – paragraph 2 – point h
(h) the provisions governing the liabilities do not include any incentive for their principal amount to be called, redeemed, repurchased prior to their maturity or repaid early by the institution, as applicable except for the situation referred to in paragraph 2a of Article 72c;
Amendment 375 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72b – paragraph 2 – point k
Article 72b – paragraph 2 – point k
(k) subject to paragraphs 2 and 2a of Article 72c, the liabilities may only be called, redeemed, repurchased or repaid early where the conditions laid down in Articles 77 and 78 are met;
Amendment 376 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Amendment 381 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72b – paragraph 2 – point m
Article 72b – paragraph 2 – point m
(27) In Article 72b, paragraph 2, point (m) is replaced by the following: "(m) the provisions governing the liabilities do not give the holder the right to accelerate the future scheduled payment of interest or principal, other than in(i) in the case of the insolvency or liquidation of the resolution entity; or (ii) in the case that the holder does not receive payment on the instrument (interest or principal) when due that continues for at least 30 days;"
Amendment 383 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72b – paragraph 2 – point o
Article 72b – paragraph 2 – point o
Amendment 394 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72b – paragraph 3 – subparagraph 2
Article 72b – paragraph 3 – subparagraph 2
An institution may decide not resolution authority may permit an institution to include in eligible liabilities items the liabilities referred to in the first subparagraph.
Amendment 396 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72b – paragraph 4 – introductory part
Article 72b – paragraph 4 – introductory part
4. Where a resolution authority permits an institution to takes a decision to count liabilities as referred to in the second subparagraph of paragraph 3, liabilities shall qualify as eligible liabilities instruments in addition to the liabilities referred to in paragraph 2, provided that:
Amendment 400 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Amendment 404 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72b – paragraph 6
Article 72b – paragraph 6
6. The competentresolution authority shall consult the resolutioncompetent authority when examining whether the conditions of this Article are fulfilled.
Amendment 406 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72c – paragraph 2 a (new)
Article 72c – paragraph 2 a (new)
2 a. For the purposes of paragraph 1, where an eligible liabilities instrument includes an incentive for the issuer to call, redeem, repay or repurchase the instrument prior to the original stated maturity of the instrument, the maturity of the instrument shall be defined as the earliest possible date on which the issuer can exercise the redemption option and request redemption or repayment of the instrument.
Amendment 416 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Regulation (EU) 575/2013
Article 77 – heading
Article 77 – heading
Article 77 Conditions for reducing own funds and eligible liabilities
Amendment 418 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Regulation (EU) No 575/2013
Article 77 – point b
Article 77 – point b
(b) effect the call, redemption, repayment or repurchase of Additional Tier 1, Tier 2 or eligible liabilities or Tier 2 instruments as applicable, prior to the date of their contractual maturity..
Amendment 424 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 33
Article 1 – paragraph 1 – point 33
Regulation (EU) No 575/2013
Article 78 – title
Article 78 – title
Article 78 Supervisory permission for reducing own funds and eligible liabilities
Amendment 426 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 33
Article 1 – paragraph 1 – point 33
Regulation (EU) No 575/2013
Article 78 – paragraph 1 – introductory part
Article 78 – paragraph 1 – introductory part
The competent authority shall grant permission for an institution to reduce, repurchase, call or redeem Common Equity Tier 1, Additional Tier 1, Tier 2 or eligible liabilities instruments where either of the following conditions is met:
Amendment 429 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 33
Article 1 – paragraph 1 – point 33
Regulation (EU) No 575/2013
Article 78 – paragraph 1 – point a
Article 78 – paragraph 1 – point a
(a) earlier than or at the same time as the action referred to in Article 77, the institution replaces the instruments referred to in Article 77 with own funds or eligible liabilities instruments of equal or higher quality at terms that are sustainable for the income capacity of the institution;
Amendment 433 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 33
Article 1 – paragraph 1 – point 33
Regulation (EU) No 575/2013
Article 78 – paragraph 1 – point b
Article 78 – paragraph 1 – point b
(b) the institution has demonstrated to the satisfaction of the competent authority that the own funds and eligible liabilities of the institution would, following the action in question, exceed the requirements laid down in this Regulation, in, Directive 2013/36/EU and in Directive 2014/59/EU by a margin that the competent authority considers necessary.
Amendment 434 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 33
Article 1 – paragraph 1 – point 33
Regulation (EU) No 575/2013
Article 78 – paragraph 1 – subparagraph 2
Article 78 – paragraph 1 – subparagraph 2
Amendment 437 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 33
Article 1 – paragraph 1 – point 33
Regulation (EU) No 575/2013
Article 78 – paragraph 1 – subparagraph 3
Article 78 – paragraph 1 – subparagraph 3
Amendment 442 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 33
Article 1 – paragraph 1 – point 33
Regulation (EU) No 575/2013
Article 78 – paragraph 1 – subparagraph 4
Article 78 – paragraph 1 – subparagraph 4
Amendment 445 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 33
Article 1 – paragraph 1 – point 33
Regulation (EU) No 575/2013
Article 78 – paragraph 2
Article 78 – paragraph 2
2. When assessing under point (a) of paragraph 1 the sustainability of the replacement instruments for the income capacity of the institution, competent authorities shall consider the extent to which those replacement capital instruments and liabilities would be more costly for the institution than those they would replace.
Amendment 450 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 36
Article 1 – paragraph 1 – point 36
Regulation (EU) No 575/2013
Article 81 – paragraph 1 – introductory part
Article 81 – paragraph 1 – introductory part
1. Minority interests shall comprise the sum of Common Equity Tier 1 capitalitems where the following conditions are met:
Amendment 451 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 36
Article 1 – paragraph 1 – point 36
Regulation (EU) No 575/2013
Article 81 – paragraph 1 – point a – point ii
Article 81 – paragraph 1 – point a – point ii
(ii) an undertaking that is subject by virtue of applicable national law to the requirements of this Regulation and Directive 2013/36/EU or equivalent level of regulation and supervision;
Amendment 455 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 36
Article 1 – paragraph 1 – point 36
Regulation (EU) No 575/2013
Article 81 – paragraph 1 – point a – point iii
Article 81 – paragraph 1 – point a – point iii
(iii) an intermediate financial holding company in a third country that is subject to the same rules as credit institutions of that third country and where the Commission has decided in accordance with Article 107(4) that those rules are at least equivalent to those of this Regulasimilar minimum prudential standards and level of supervision as an institution;
Amendment 458 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 36
Article 1 – paragraph 1 – point 36
Regulation (EU) No 575/2013
Article 81 – paragraph 1 – point c
Article 81 – paragraph 1 – point c
(c) the Common Equity Tier 1 capitalitems, referred to in the introductory part of this paragraph, is owned by persons other than the undertakings included in the consolidation pursuant to Chapter 2 of Title II of Part One..
Amendment 459 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 37
Article 1 – paragraph 1 – point 37
Regulation (EU) No 575/2013
Article 82 – point a – point ii
Article 82 – point a – point ii
(ii) an undertaking that is subject by virtue of applicable national law to the requirements of this Regulation and Directive 2013/36/EU or equivalent level of regulation and supervision;
Amendment 460 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 37
Article 1 – paragraph 1 – point 37
Regulation (EU) No 575/2013
Article 82 – point a – point iii
Article 82 – point a – point iii
(iii) an intermediate financial holding company in a third country that is subject to the same rules as credit institutions of that third country and where the Commission has decided in accordance with Article 107(4) that those rules are at least equivalent to those of this Regulaimilar minimum prudential standards and level of supervision as an institution;
Amendment 582 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 55
Article 1 – paragraph 1 – point 55
Regulation (EU) No 575/2013
Article 132 a – paragraph 2 – subparagraph 2 a (new)
Article 132 a – paragraph 2 – subparagraph 2 a (new)
As part of this calculation, institutions should assume that a CIU increases leverage to the maximum extent allowed under its mandate or relevant legislation, where relevant.
Amendment 601 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 83
Article 1 – paragraph 1 – point 83
Regulation (EU) No 575/2013
Article 325 – paragraph 1 – point a
Article 325 – paragraph 1 – point a
(a) from [date of applicatwo years after the adoption of this Re regulation],ory technical standards referred to in Article 325 (8), Article 325k(3), Article 325v(5), Article 325x(8), and Article 325aq(3)] the standardised approach set out in Chapter 1a of this Title;
Amendment 603 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 83
Article 1 – paragraph 1 – point 83
Regulation (EU) No 575/2013
Article 325 – paragraph 1 – point b
Article 325 – paragraph 1 – point b
(b) from [date of application of this Regulatiotwo years after the adoption of the regulatory technical standards referred to in Article 325(8), Article 325ba(8) and (9), Article 325be(7), Article 325bg(9), Article 325bh(4), 325bk(4), 325bq(12), and the guidelines referred to in Article 325bn], the internal model approach set out in Chapter 1b of this Title only for those positions assigned to trading desks for which the institution has been granted a permission by competent authorities to use that approach as set out in Article 325ba;
Amendment 606 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 83
Article 1 – paragraph 1 – point 83
(c) after [date of applicatwo years after the adoption of this Re regulation]ory technical standards referred to in Article 325 (8), Article 325k(3), Article 325v(5), Article 325x(8), and Article 325aq(3)] , only institutions that meet the conditions defined in Article 325a(1) may use the simplified standardised approach referred to in paragraph 4 to determine their own funds requirements for market risks;
Amendment 608 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 83
Article 1 – paragraph 1 – point 83
Regulation (EU) No 575/2013
Article 325 – paragraph 1 – point d
Article 325 – paragraph 1 – point d
(d) until [date of application of this Regulation], the simplified internal model approach set out in Chapter 5 of this Title for those risk categories for which the institution has been granted the permission in accordance with Article 363 to use that approach in. After [date of application of this Regulatiotwo years after the adoption of the regulatory technical standards referred to in Article 325(8), Article 325ba(8) and (9), Article 325be(7), Article 325bg(9), Article 325bh(4), 325bk(4), 325bq(12), and the guidelines referred to in Article 325bn], the simplified internal model approach set out in Chapter 5 of this Title for those risk categories for which the institution has been granted the permission in accordance with Article 363 to use that approach in. After [two years after the adoption of the regulatory technical standards referred to in Article 325(8), Article 325ba(8) and (9), Article325be(7), Article 325bg(9), Article 325bh(4), 325bk(4), 325bq(12), and the guidelines referred to in Article 325bn], institutions shall no longer use the simplified internal model approach set out in Chapter 5 to determine the own funds requirements for market risks.
Amendment 653 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 84
Article 1 – paragraph 1 – point 84
4. For the purposes of points (b) and (c) of paragraph 3, institutions may consider a price or a committed quote provided by a third party as a verifiable price, provided that the third party agrees to provide evidence of the transaction or a committed quote to competent authorities upon request. As evidence, the third party shall provide details of the transaction amount (needed to test that the transaction was not a negligible amount) and the transaction price (to assess the ‘realness’ of the transactions).
Amendment 693 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 95 – point a
Article 1 – paragraph 1 – point 95 – point a
Regulation (EU) No 575/2013
Article 395 – paragraph 1 – subparagraph 4 a (new)
Article 395 – paragraph 1 – subparagraph 4 a (new)
By way of derogation from the first subparagraph, an institution shall not incur aggregate exposure to non- investment grade sovereign bonds issued by any single Member State the value of which, after taking into account the effect of the credit risk mitigation in accordance with Articles 399 to 403, exceeds [50 %] of its Tier 1 capital, unless the institution applies a marginal risk weight add-on of [1%] to the excess exposure.
Amendment 792 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 s – point b
Article 428 s – point b
Amendment 801 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 s – points d a (new)
Article 428 s – points d a (new)
(da) For all netting sets of derivative contracts subject to margin agreements under which institutions post variation margins to their counterparties, institutions shall apply a 5% required stable funding factor to the absolute market value of those netting sets of derivative contracts, gross of any collateral posted, where those netting sets have a negative market value.
Amendment 804 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 s – point d b (new)
Article 428 s – point d b (new)
(db) For all netting sets of derivative contracts that are not subject to a regular margin agreements under which institutions post variation margins to their counterparties but which are subject to contractual clauses which could lead to collateral to post, dependent on specific trigger events such as a downgrade for example, institutions shall apply a 5% required stable funding factor to the absolute market value of those netting sets of derivative contracts, gross of any collateral posted, where those netting sets have a negative market value. When exempt from such clauses, the netting sets that are not subject to variation margins agreement shall receive a 0% required stable funding factor.
Amendment 834 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 x – paragraph 3 – point a
Article 428 x – paragraph 3 – point a
(a) for all netting sets with negative market value, grossnet of collateral posted, and which are subject to a margin agreement under which the institution posts variation margin to its counterparty, the sum of all the risk category Addon(a) calculated in accordance with Article 278(1);
Amendment 836 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 114
Article 1 – paragraph 1 – point 114
Regulation (EU) No 575/2013
Article 428 x – paragraph 3 – point b
Article 428 x – paragraph 3 – point b
(b) for all netting sets with positive market value, grossnet of collateral received, and which are subject to a margin agreement under which the institution receives variation margin from its counterparty, the sum of all the risk category Addon(a) calculated in accordance with Article 278(1).
Amendment 880 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 115
Article 1 – paragraph 1 – point 115
Regulation (EU) No 575/2013
Article 429 – paragraphs 4 a, 4 b, 4 c, 4 d (new)
Article 429 – paragraphs 4 a, 4 b, 4 c, 4 d (new)
Amendment 881 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 115
Article 1 – paragraph 1 – point 115
Regulation (EU) No 575/2013
Article 429 – paragraph 5 – point a
Article 429 – paragraph 5 – point a
(a) a derivative instrument that is considered an off-balance sheet item in accordance with point (d) of paragraph 4 but is treated as a derivative in accordance with the applicable accounting framework, shall be subject to the treatment set out in point (b) of paragraph 4Article 429f;
Amendment 970 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 116
Article 1 – paragraph 1 – point 116
Regulation (EU) No 575/2013
Article 439 – point d
Article 439 – point d
(d) the amount of segregated and unsegregated collateral received and posted per type of collateral, further broken down between collateral used for derivatives and securities financing transactions, and the amount of collateral the institution would have to provide if its credit rating was downgraded; In Member States for which the relevant central bank provides liquidity assistance in the form of collateral swap transactions, the competent authorities should determine whether the application of point (d) could reveal the provision of emergency liquidity assistance. The requirements of point (d) shall not apply where, based on their activities, competent authorities consider it could reveal such assistance.
Amendment 973 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 116
Article 1 – paragraph 1 – point 116
Amendment 978 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 116
Article 1 – paragraph 1 – point 116
Regulation (EU) No 575/2013
Article 447 – point f
Article 447 – point f
(f) the average or averages, as applicable, for each quarter ofover the prelevant disclosure periodceding twelve month of their liquidity coverage ratio as calculated in accordance with Delegated Regulation (EU) 2015/61, based on monthly figures;
Amendment 1048 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 127
Article 1 – paragraph 1 – point 127
Regulation (EU) No 575/2013
Article 501 b – paragraph 1
Article 501 b – paragraph 1
1. Until [date of application + 3 years], institutions that use the approaches set out in Chapters 1a and 1b, Title IV, Part Three to calculate the own funds requirement for market risks shall multiply their own funds requirements for market risks calculated under these approaches by a factor of 65%. the following factors: (a) 65% in the first year after [date of application]; (b) 75% in the second year after [date of application] and (c) 85% in the third year after [date of application]. The requirements of the first sub- paragraph shall not apply where an institution had determined it would be appropriate for the remainder of the three year period to calculate own funds requirements for market risk without applying the factors set out in points (a) to (c). Institutions shall notify the competent authorities in such cases. 1a. Where an institution calculates its own funds requirements in accordance with the first sub-paragraph of paragraph 1, it shall hold own funds for market risk that meet or exceed the higher of the amounts specified in points (a) and (b): (a) the own funds requirements calculated in accordance with paragraph 1; (b) the own funds requirements for market risk that the institution would be required to hold under Part Three of Regulation (EU) No 575/2013 as that Regulation stood prior to [date of entry into force]. 1b. EBA shall develop draft regulatory standards to specify conditions for the modellability of risk factors under Articles 325ba and 325bh and for the treatment of Profit &Loss attribution under Articles 325bf and 325bi. In doing so it shall take into account international developments. EBA shall submit those draft regulatory technical standards to the Commission [within 6 months of entry into force] of this Regulation.
Amendment 1051 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 127
Article 1 – paragraph 1 – point 127
Regulation (EU) No 575/2013
Article 501b – paragraph 2
Article 501b – paragraph 2
Amendment 1053 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 127
Article 1 – paragraph 1 – point 127
Regulation (EU) No 575/2013
Article 501 b – paragraph 3
Article 501 b – paragraph 3
Amendment 1055 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 127
Article 1 – paragraph 1 – point 127
Regulation (EU) No 575/2013
Article 501 b – paragraph 4
Article 501 b – paragraph 4
Amendment 1089 #
2016/0360A(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 131 a (new)
Article 1 – paragraph 1 – point 131 a (new)
Regulation (EU) No 575/2013
Article 519 a a (new)
Article 519 a a (new)
Amendment 99 #
2016/0208(COD)
Proposal for a directive
Recital 26
Recital 26
(26) A fair balance should be sought in particular between the general public interest in corporate transparency and, law enforcement duties in the prevention of money laundering and terrorist financing and the data subjects' fundamental rights. The set of data to be made available to the public should be limited, clearly and exhaustively defined, and should be of a general nature, so as to minimize the potential prejudice to the beneficial owners. At the same time, information made accessible to the public should not significantly differ from the data currently collected. In order to limit the interference with the right to respect for their private life in general and to protection of their personal data in particular, that that information should relate essentially to the status of beneficial owners of businesses and trusts, and should strictly concern the sphere of economic activity in which the beneficial owners operaMember States should be allowed to identify any person, who requests information from the register.
Amendment 103 #
2016/0208(COD)
Proposal for a directive
Recital 28
Recital 28
(28) The personal data of beneficial owners of companies should be publicly disclosed in order to enable third parties and civil society at large to know who the beneficial owners are. The enhanced public scrutiny will contribute preventing the misuse of legal entities and legal arrangements, including tax avoidance. Therefore, it is essential that this information remains publicly available through the national registers and through the system of interconnection of registers for 10 years after the company has been struck off from the register. However, Member States should be able to provide by law for the processing of the information on beneficial ownership, including personal data for other purposes if such processing meets an objective of public interest and constitutes a necessary and proportionate measure in a democratic society to the legitimate aim pursued.
Amendment 105 #
2016/0208(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Currently, companies and similar legal entities active trusts with tax consequences in the Union are under an obligation to register their beneficial ownership information, whereas the same obligation does not apply to allother types of trusts and other legal arrangements which present similar characteristics such as Treuhand, fiducies or fideicomiso set up in the Union. With a view to ensure that the beneficial owners of all legal entities and. The Commission should work with Member States, industry and relevant international bodies, including the Financial Action Task Force and the Global Forum on Transparency and Exchange of Information for Tax Purposes, to analyse which legal arrangements operating , including the Union are properly identified and monitored under a corusts, Treuhand, fiducies and fideicomiso, present risks of money laundering or terrorist financing and whether there is a need for minimum harmonisation within the EU on the rent and equivalent set of conditions, rgistration requirements for these legal arrangements. Rules regarding the registration of the beneficial ownership information of trusts by their trustees should be consistent with those in place in respect of the registration of beneficial ownership information of companiesimilar legal arrangements.
Amendment 111 #
2016/0208(COD)
Proposal for a directive
Recital 34
Recital 34
(34) It is essential to take into account the particularities of trusts and similar legal arrangements, as far as publicly available information on their beneficial owner is concerned. Irrespective of their qualification under national law, a distinction should be drawn between, on the one hand, trusts which consist of any property held by or on behalf of a person carrying on a business which consists of or includes the management of trusts, and acting as trustee of a trust in and other legal arrangements similar to trusts that have qualifying ownership or control over another course of that business with a view to gain profrporate or other entit,y and, on the other hand, any other trusts or other legal arrangements similar to trusts. Given the nature of the first category of trusts, information on their beneficial owners and other legal arrangements similar to trusts, information on their trustees, or any individuals holding a similar position of direct or indirect control of a corporate or other legal entity should be made publicly available through compulsory disclosure. Access should be given to the same limited set of data on the beneficial owner as in the case of companrporate and other legal entities.
Amendment 113 #
2016/0208(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 114 #
2016/0208(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 130 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point e
Article 2 – paragraph 1 – point 3 – point e
(-1) in point (3) of Article 2(1), point (e) is replaced by the following: ‘(e) other persons trading in goods to the extent that payments are made or received in cash in an amount of EUR 10 000 or more, whether the transaction is carried out in a single operation or in several operations which appear to be linked;'
Amendment 292 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a
Article 1 – paragraph 1 – point 10 – point a
Directive 2015/849/EU
Article 31 – paragraph 1 –subparagraph 1
Article 31 – paragraph 1 –subparagraph 1
Member States shall ensure that this Article applies to trusts and other types of legal arrangements having a structure or functions similar to trusts, such as, inter alia, fTreuhand, Stiftung, Privatstiftung, Usufruct Fiduciea, Treuhand or fideicomisoor Fideicomiso, and all other similar in terms of structure or function, existing or future legal arrangements.
Amendment 310 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point c
Article 1 – paragraph 1 – point 10 – point c
Directive 2015/849/EU
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Member States shall ensure that the information held in the register referred to in paragraph 3a is accessible in a timely and unrestricted manner by competent authorities and FIUs, without alerting the parties to the trust concerned. They shallmay also ensure thatprovide obliged entities are allowed timely access to that information, pursuant to the provisions on customer due diligence laid down in Chapter II. Member States shall notify to the Commission the characteristics of those mechanisms.
Amendment 311 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive 2015/849/EU
Article 31 – paragraphs 4 a and 4 b
Article 31 – paragraphs 4 a and 4 b
Amendment 333 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e
Article 1 – paragraph 1 – point 10 – point e
Directive 2015/849/EU
Article 31 – paragraph 7 a
Article 31 – paragraph 7 a
Amendment 355 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2015/849/EU
Article 32 a – paragraph 1
Article 32 a – paragraph 1
1. Member States shall put in place automated centralised mechanisms, such as central registries or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling payment accounts as defined in Directive 2007/64/EC and bank accounts held by a credit institution within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms.
Amendment 380 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2015/849/EU
Article 39 – paragraph 3
Article 39 – paragraph 3
Amendment 394 #
2016/0152(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) Authe payee can request strong customer authentication by the payerntication requirements are fulfilled pursuant to the Directive (EU) 2015/2366; and
Amendment 15 #
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 to one which is more decentralised, flexible and renewables- basedlow carbon;
Amendment 70 #
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 competitive, decentralised and democraticliberalised energy system which benefits society as a whole, increases competition in order to keeps prices down, drive innovation and improve customer service, increases the involvement of citizens and local communities, and rempowers them to own or share in theoves barriers to innovative new business models entering the market that can offer good value for consumers, including citizen and community ownership of the production, distribution and storage of energy, while at the same time protecting the most vulnerable;
Amendment 96 #
2015/2323(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that while significant progress has been made in some parts of the EU, the aim of the Third Energy Package to provide a truly competitive and consumer-friendly retail energy market has not yet been fully realised in all EU Member States, as evidenced by low levels of consumer switching and satisfaction across the EU, persistent high levels of market concentration, and the failure to reflect falling wholesale costs in retail prices;
Amendment 109 #
2015/2323(INI)
Motion for a resolution
Paragraph 6 – introductory part
Paragraph 6 – introductory part
6. Calls, therefore, on the Commission and the Member States to rigorously ensure full implementation of the Third Energy Package, and calls for its revision to take account of the following recommendations in relation to domestic consumers:
Amendment 111 #
2015/2323(INI)
Motion for a resolution
Paragraph 6 – point a
Paragraph 6 – point a
a. Recommends iImproving the transparency and clarity of bills, which should include information on the final price, with an explanation of the different taxes, levies and tariffs, together with information on the different energy sources so that customers have the key information in a standardised format to anid complaint handlingarison of tariffs, clear indication of contact points, and information on switching and energy efficiency measures; insists that clear language must be used, with technical terms either avoided or clearly explainedusing clear language, and avoiding technical terms; requests the Commission to identify minimum standards in this respect;
Amendment 144 #
2015/2323(INI)
Motion for a resolution
Paragraph 6 – point b
Paragraph 6 – point b
b. Recommends tThat consideration be given to requiring energy bills to include comparisons of offers in order to enable all consumers, even those without internet access or skills, to see whether they could save money by switching; believes that peer-based comparisons should also be included in bills to help reduce energy use;
Amendment 150 #
2015/2323(INI)
Motion for a resolution
Paragraph 6 – point c
Paragraph 6 – point c
c. Recommends dDeveloping rulguidelines for price comparison toolsites to ensure that consumers can access independent, up-to-date and, understandable and comparison toolsable data; believes Member States should consider developing accreditation schemes covering all price comparison toolsites, in line with CEER guidelines;
Amendment 157 #
2015/2323(INI)
Motion for a resolution
Paragraph 6 – point d
Paragraph 6 – point d
d. Recommends that there should be a limited range of standardised tariffs, in order to facilitate comparison between different suppliers and tariffs and avoid a confusing array of different tariffs for the same product;eleted
Amendment 169 #
2015/2323(INI)
Motion for a resolution
Paragraph 6 – point e
Paragraph 6 – point e
Amendment 188 #
2015/2323(INI)
Motion for a resolution
Paragraph 6 – point f
Paragraph 6 – point f
f. Recommends measures to enable retail prices to better reflect wholesale prices and thus reverse the trend of an increasing proportion of fixed elements in energy bills, in particular network charges, taxes and levies, which are often regressivInvestigating how retail prices can be enabled to better reflect wholesale prices, whilst recognising that in a competitive market suppliers should be elements; recommends that such elements be applied progressively or, where, possible funded from alternative sourceft to compete on the best way to recover their costs;
Amendment 203 #
2015/2323(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Insists that the provisions on switching, as set out in the Third Energy Package, should be fully implemented by Member States, and that national legislation must guarantee consumers the right to change suppliers in a quick, easy and cost-free way, with no termination fees or penaltiehile respecting contractual conditions;
Amendment 228 #
2015/2323(INI)
Motion for a resolution
Subheading 2
Subheading 2
Amendment 244 #
2015/2323(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Believes that local authorities, communities and individuals should form the backbone ofwill be increasingly important actors in the energy transition and should be actively supported to help them become energy producers and suppliers, provided that they choose to do so, on an equal footing with other players;
Amendment 266 #
2015/2323(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that access to capital, high upfront investment costs and long repayment periods represent barriers to the take-up of self-generation and energy efficiency measures; calls, therefore, for the development of new business models and innovative financial instruments to incentivise self-generation, consumption and energy efficiency for all consumers; suggests that this should become a priority for the EIB, EFSI and the Structural Funds;
Amendment 292 #
2015/2323(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for stable and sufficient market orientated remuneration schemes to guarantee investor certainty and increase the take-up of small-scale renewable energy; believes that grid tariffs and other fees should be non-discriminatory and should fairly reflect the impact of the consumer on the grid, while guaranteeing sufficient funding for the maintenance and development of distribution grids; regretshighlights the importance of well-designed and future proof support schemes that reduce the need for corrective changes and thus create investor certainty and value for money for taxpayers; regrets however the recent abrupt changes to support schemes in certain Member States, as well as the introduction of unfair and punitive taxes or fees which are detrimental to the continued expansion of self-generation;
Amendment 326 #
2015/2323(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that consumers should have easy and timely access to their consumption data in both volume and monetary terms, to help them make informed decisions; believes that where smart meters are rolled out there should be a solidclear legal framework to ensure an end to back-billingminimise the occurrence and impact of back-bills in situations where the consumer is not at fault and a rollout that is efficient and affordable for all consumers and is free of charge for, including the energy- poor consumers; insists that efficiency savings from smart meters should be shared on a fair basis between grid operators and users;
Amendment 349 #
2015/2323(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Emphasises that the development of smart technologies must not leave the most vulnerable or less engaged consumers behind, nor see their bills rise if they have not directly benefited;
Amendment 357 #
2015/2323(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. BelievUnderlines that the processing and storage of citizens’ energy-related data should be managed by neutral entities and should comply with the existing EU legislation, which lays down that the ownership of all data lies with the citizen and that data should only be provided to third parties by explicit consent; considers that, in addition, citizens should be able to exercise their rights to correct and erase informin compliance with EU data protection legislation;
Amendment 371 #
Amendment 377 #
2015/2323(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for the development of a strong EU framework to fight energy poverty, including a broad, common but non- quantitative definition of energy poverty, focusing on the idea that access to affordable energy is a basic social right; urges the Commission to prioritise meaBelieves that the exchange of best practice amongst Member States has a vital role to play in the fight against energy poverty; calls on the Commission to assist Member States in their efforts, including developing a broad, non- quantitative and non-legislative definition of energy poverty, focusing on the idea that energy is a necessity regardless of income; urges further national action to ensures to alleviate energy poverty in upcoming legislative proposals and to present a dedicated action plan by mid- 2017hat lower income households are not disadvantaged in meeting energy needs;
Amendment 396 #
2015/2323(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 425 #
2015/2323(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls for the revised EED to include a provision for a significant minimum percentage of measures in energy efficiency obligation schemes targeting low-income consumermaintain the flexibility for Member States to design their energy efficiency obligation schemes according to their specific circumstances and objectives;
Amendment 443 #
2015/2323(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Believes that well-targeted social tariffs are vital forone among many potentially effective tools for supporting low-income, vulnerable citizens, and should therefore be promotconsidered;
Amendment 23 #
2015/2155(DEC)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses that the Court of Auditors report adopted on 11.07.2014 states that the potential saving for the EU budget would be about 114 million EUR per year if the European Parliament centralised its activities; reiterates the call on Parliament and the Council to address, in order to create long term savings, the need for a roadmap to a single seat, as stated by Parliament in several previous resolutions;
Amendment 648 #
2015/2147(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Emphasises that incentivising private investments in fast and ultra-fast communication networks is a requirement for any digital progress, with competition remaining the main driver of infrastructure investments, innovation, affordable prices and choices for consumers; considers that more competition through liberalisation of telecoms markets has been associated with higher levels of investment and lower prices for consumers; notes that little evidence exists, in the still fragmented European telecommunications market, of a link between consolidation of operators and increased investment in networks; notes the risk of creating telecommunications oligopolies at European level;
Amendment 735 #
2015/2147(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls as a priority for a harmonised framework forimproved coordination of spectrum allocation to boost long-term infrastructure investments, whilst respecting Member State competences;
Amendment 769 #
2015/2147(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that uniform enforcement of the Connected Continenfull implementation of the provisions within the Telecoms Single Market pPackage, including the end of roaming surcharges and on the net neutrality principle, requires the establishment of a single European telecommunications regulatorOpen Internet, requires the involvement of the Body of European Regulators in Electronic Communications (BEREC), which has been given an important role in developing European guidelines for the implementation of the net neutrality provisions, and has been requested to provide its technical expertise to inform implementing acts and further legislative proposals on international roaming to be adopted by the European Commission pursuant to the Regulation; believes that BEREC has played an important role in providing coordination of national regulatory authorities at an EU level;
Amendment 98 #
2015/2132(BUD)
Motion for a resolution
Paragraph 67 b (new)
Paragraph 67 b (new)
67b. Stresses that Parliament and the Council must address the need for a roadmap to a single seat, as requested by a large majority in this Parliament in several resolutions, in order to create long term savings in the Union budget;
Amendment 65 #
2015/2113(INI)
Motion for a resolution
Recital C
Recital C
C. whereas measures for developing the Energy Union and achieving the 2030 climate and energy targets must take full account of the impacts on energy prices, costs and the competitiveness of the EU economy in order to get the necessary support from citizens and industry;
Amendment 155 #
2015/2113(INI)
Motion for a resolution
Recital P
Recital P
Amendment 212 #
2015/2113(INI)
Motion for a resolution
Recital V a (new)
Recital V a (new)
Va. whereas a more interconnected internal energy market will bring considerable benefits in terms of security of supply, integration of low-carbon technologies and consumer prices;
Amendment 228 #
2015/2113(INI)
Motion for a resolution
Recital X a (new)
Recital X a (new)
Xa. whereas it is widely recognised that Carbon, Capture and Storage can make a decisive contribution to fight climate change;
Amendment 232 #
2015/2113(INI)
Motion for a resolution
Recital Y
Recital Y
Y. whereas diversification of supplies, the completion of the internal energy market, energy efficiency as a contribution to the moderation of energy demand, more efficient energy consumption, the development of indigenous energy resources and R&D activities are the key drivers of the Energy Union;
Amendment 287 #
2015/2113(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that energy infrastructure projects such as the North Sea Grid should be developed in a coordinated, regional approach based on intergovernmental agreements derived from shared regional strategies; such strategies should set clear project objectives, establish effective regulatory frameworks that encompass transmission and generation ownership interests, and set new market rules that facilitate trade in variable power supplies across interconnected markets;
Amendment 361 #
2015/2113(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that greater transparency of intergovernmental agreements could be achieved by strengthening the role of the Commission in energy-related negotiations involving one or more Member States and third countries, including by having the Commission participate in those negotiations if there is a risk of abuse of a dominant position by one supplier; notes that furthermore the Commission should carry out ex-ante and ex-post assessments and draw up both a positive and a negative list of agreement clauses, such as export ban and destination clauses;
Amendment 370 #
2015/2113(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 399 #
2015/2113(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 457 #
2015/2113(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that indigenous energy resources, both conventional and unconventional, which have the potential to increase the EU's energy security of supply should be fully tapped and that unnecessary regulatory burdens on the entities willing to invest in these fields must be avoidedto allow the EU to transition to a low carbon future in a cost-effective manner in line with the EU's climate objectives;
Amendment 576 #
2015/2113(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Believes at the same time that market- based mechanisms mustshould be complemented by tangible and ambitious solidarity mechanisms, such as more efficient EU crisis management, better use of LNG and gas storage and virtual capacity reserve mechanisms tohat could be enshrined in EU legislation, including the Security of Gas Supply Regulation, which, to this end, must be reviewed as soon as possible;
Amendment 590 #
2015/2113(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses the need for full implementation and enforcement of existing EU energy legislation and for a swift adoption of ambitious European network codes and guidelines, which must go hand in hand with strengthening the competences of the Agency for the Cooperation of Energy Regulators (ACER), oversight of the European Network of Transmission System Operators for Electricity (ENTSO- E) and the European Network of Transmission System Operators for Gas (ENTSO-G);
Amendment 641 #
2015/2113(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Calls on the Commission to consider energy interconnection infrastructure projects within Member States as a way to increase security of energy supply across Europe, particularly those Member States that have islands or fragmented land masses
Amendment 657 #
2015/2113(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls on the Commission to make every effort to shorten the lead time allowing projects to qualify as Projects of Common Interest (PCI), to ensure that new interconnector projects may receive EU support in a timely manner;
Amendment 658 #
2015/2113(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls on the Commission to take every necessary step to enhance interconnection by further reducing permitting time for infrastructure projects, and providing political and financial support for interconnectors;
Amendment 660 #
2015/2113(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Stresses the need to develop stable, long-term market-oriented policy frameworks to incentivise the development of new energy infrastructure across the EU;
Amendment 693 #
2015/2113(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Points out that in order to successfully balance the internal market, investment is needed not only in interconnectors but also in, inter alia, storage capacity, such as LNG terminals and smart grids, fossil fuel power plants fitted with carbon capture technology and new nuclear, in those Member States that wish to do so, as a critical source of low carbon baseload power in order to cope with enhanced renewable and distributed generation;
Amendment 773 #
2015/2113(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Notes that improvements in energy- efficiency pursued on a cost-effective basis will make a key contribution to energy security, competitiveness and the achievement of climate objectives; stresses, however, that gains in energy efficiency cannot replacd the diversification of energy supply are both important pillars in the Energy Union;
Amendment 819 #
2015/2113(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Stresses that a cautiousn ambitious but realistic revision of existing energy efficiency legislation, including the Energy Performance of Buildings Directive and the Energy Efficiency Directive, is needed in order not to undermine national policies already in place which operate within the 2020 climate and energy framework; calls on the Commission to review the EU energy- efficiency legislation by no sooner than 2018;
Amendment 830 #
2015/2113(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Calls on the Commission to ensure that all legislative proposals envisaged under the Energy Union COM are subject to rigorous Impact Assessment to ensure their cost-effectiveness and proportionality;
Amendment 893 #
2015/2113(INI)
Motion for a resolution
Paragraph 36 b (new)
Paragraph 36 b (new)
36b. Calls on the Commission to bring forward proposals for a 2030 Effort-Share Decision by the end of the first quarter of 2016 at the latest;
Amendment 910 #
2015/2113(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Stresses, however, that the EU must employ a technology-neutral approach to decarbonising our energy systems, adopting strategies for using and promoting not only renewable energy sources but also the full spectrum of other low-emission sources of energy; calls on the Commission, in this respect, to revise its Energy and Environmental State Aid Guidelines, Structural and Cohesion Funds and research and development funding in a way which will provide for an equitable treatment of the full range of low carbon energy production from different energy sources;
Amendment 977 #
2015/2113(INI)
Motion for a resolution
Paragraph 36 b (new)
Paragraph 36 b (new)
36b. Notes that nuclear power provided 27% of the EU electricity mix and over half of all EU low carbon power in 2014, that 130 out of 132 EU nuclear plants are due to be decommissioned by 2050 leaving a major gap in low carbon and baseload power in the EU electricity mix, recognises while that some Member States have chosen to move away from nuclear power, other Member States are looking to develop new nuclear in order to meet their national and EU energy and climate objectives and calls on the European Commission to ensure the EU provides an enabling framework for those Member States that wish to pursue new nuclear to do so, within EU internal market and competition rules;
Amendment 985 #
2015/2113(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. BRecalls that it is the right of each Member State to determine their own energy mix as stated in Article 194 of the TFEU, believes that it is for Member States to determine the best mix of policies and technologies to deliver decarbonisation and national climate change targets; recognises that in some areas, such as product standards, EU-level policies are the most effective, while in others Member States may choose to work together;
Amendment 993 #
2015/2113(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Calls on the Commission to put forward proposals in conjunction with the European Investment Bank (EIB) for establishing a cost-effective Modernisation Fund, which should ensure full transparency, maximum value for money, seek to leverage additional public and private sector investments and have strict criteria and guidance to ensure that funding is targeted at genuine energy modernisation projects, which would be selected based on a technology-neutral approach and on whether they are demonstrably consistent with attainment of the EU's 2030 and 2050 greenhouse gas objectives so as to avoid the risk of stranded assets in the future;
Amendment 1081 #
2015/2113(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Stresses that the EU must collectively step up its efforts as regards the research and development of energy efficiency and the full spectrum of safe and sustainable, efficient, low- emission energy technologies in order to meet its 203020, 2030, and 2050 climate objectives and improve its energy security and facilitate economic recovery;
Amendment 1090 #
2015/2113(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Believes that greater effort in developing innovativethe full spectrum of safe and sustainable, efficient low-emission energy technologies and solutions can bring significant long-term benefits in terms of cost effective decarbonisation through to 2050, reduced generation costs and reduced energy demand;
Amendment 1111 #
2015/2113(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Underlines that it should be a priority for the Member States to bring down the costs of less mature low-carbon energy technologies, particularly those that are likely to be critical to global decarbonisation, such as power and industrial plants fitted with CCS, and potential breakthrough technologies, such as electricity storage;
Amendment 1118 #
2015/2113(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47a. Welcomes the Commission's recognition of the critical role that CCS will need to play in reaching the EU's 2050 climate objectives cost-effectively, and calls on the Commission to develop an enabling framework for CCS, including developing a comprehensive roadmap to 2050, and accompanying action plan, for the development and deployment of CCS across the EU;
Amendment 12 #
2015/2060(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas Member States are well represented in international economic fora;
Amendment 13 #
2015/2060(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the fiscal costs of financial failures are met nationally;
Amendment 28 #
2015/2060(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas a balance needs to be maintained between calling for greater transparency and ensuring the protection of market sensitive information;
Amendment 57 #
2015/2060(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that the EU could streamline its representation, with a view to increasing its influence and promoting the legislation it has adopted through a democratic processdiversity in representation adds to Europe’s influence on international fora;
Amendment 65 #
2015/2060(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Regards as detrimental to the Union situations in which representatives of a Member State or national organisation assume positions in international bodies that are contrary to European legislative or regulatory decisions adopted by majority votespects the right of Member State representatives to put forward their own views in international bodies;
Amendment 95 #
2015/2060(INI)
Motion for a resolution
Paragraph 9 – indent 1
Paragraph 9 – indent 1
- Calls on the Commission to draw on existing best practices to draft a European code of conduct on transparency and accountability designed to guide the action of European Union representatives in international organisations;
Amendment 114 #
2015/2060(INI)
Motion for a resolution
Paragraph 9 – indent 3
Paragraph 9 – indent 3
- Calls for a formalised and regular ‘financial dialogue’ to be organised in the European Parliament for the purpose of establishing guidelines regarding the adoption of European positions in the run- up to major international negotiations, making sure that these positions are known and ensuring follow-upincreasing transparency and accountability of European Union representatives on international bodies; the European institutions, the Member States and, where appropriate, the heads of the international organisations concerned would be invited to attend; the nature (public or in camera) and frequency of this dialogue would depend on practical requirements;
Amendment 138 #
2015/2060(INI)
Motion for a resolution
Paragraph 9 – indent 6
Paragraph 9 – indent 6
Amendment 155 #
2015/2060(INI)
Motion for a resolution
Paragraph 9 – indent 7
Paragraph 9 – indent 7
Amendment 162 #
2015/2060(INI)
Motion for a resolution
Paragraph 9 – indent 8
Paragraph 9 – indent 8
Amendment 173 #
2015/2060(INI)
Motion for a resolution
Paragraph 9 – subparagraph 1 (new)
Paragraph 9 – subparagraph 1 (new)
Calls on the Commission to ensure that any EU financial legislative proposals must be complimentary to actions at the global level;
Amendment 37 #
2015/2012(BUD)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that in order to create substantial savings the need for a road map to a single seat of the Parliament must be addressed;
Amendment 1 #
2015/0907(APP)
Draft legislative resolution
Recital A (new)
Recital A (new)
A. Whereas the legal opinion of the Venice Commission recommends that electoral law should not be open to amendment less than one year before an election; whereas in order to respect and fully satisfy this recommendation any amendments made to the EU’s electoral law must not be applicable for the 2019 European elections;
Amendment 29 #
2015/0274(COD)
Proposal for a directive
Recital 8
Recital 8
(8) A progressive reduction of landfilling is necessary to prevent detrimental impacts on human health and the environment and to ensure that economically valuable waste materials are gradually and effectively recovered through proper waste management and in line with the waste hierarchy. This reduction should avoid the development of excessive capacity for the treatment of residual waste facilities, such as through energy recovery or low grade mechanical biological treatment of untreated municipal waste, as this could result in undermining the achievement of the Union's long-term preparation for reuse and recycling targets for municipal waste as laid down in Article 11 of Directive 2008/98/EC. Similarly, and to prevent detrimental impacts on human health and the environment, while Member States should take all necessary measures to ensure that only waste that has been subject to treatment is landfilled, compliance with such obligation should not lead to the creation of overcapacities for the treatment of residual municipal waste. In addition, in order to ensure consistency between the targets laid down in Article 11 of Directive 2008/98/EC and thorder to motivate Member States performing below the EU average landfill reduction target defined in Article 5 of this Directive and to ensure a coordinated planning of the infrastructures and investments needed to meet those targets, Member States which may obtain additional time for the attainment of the municipal waste recycling targets should also be given additional time to attain the landfill reduction target for 2030 as laid down in this Directive to increase the overall compliance, the Commission considers it as priority to set achievable and understandable targets.
Amendment 43 #
2015/0274(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 47 #
2015/0274(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Implementation reports prepared by Member States every three years have not proved to be an effective tool for verifying compliance and ensuring correct implementation, and are generating unnecessary administrative burden. It is therefore appropriate to repeal provisions obliging Member States to produce such reports and for compliance monitoring purposes use exclusively the statistical data which Member States report every yearregularly to the Commission.
Amendment 51 #
2015/0274(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to supplement or amend Directive 1999/31/EC, in particular with the view to adapting its Annexes to scientific and technical progress, increase legal certainty, transparency and democratic scrutiny no further power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of Article 16shall be delegated to the Commission other than those laid down in Directive 1999/31/EC. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated actnew legislative proposals, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. Any amendments to the Annexes should only be made in line with the principles laid down in this Directive. To this end, as regards Annex II, the Commission should take into account the general principles and general procedures for testing and acceptance criteria as set out in Annex II. Moreover, specific criteria and test methods and associated limit values should be set for each class of landfill, including if necessary specific types of landfill within each class, including underground storage. Proposals for the standardisation of control, sampling and analysis methods in relation to the Annexes should be considered for adoption by the Commission where appropriate within two years after the entry into force of this Directive.
Amendment 55 #
2015/0274(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to ensure uniform conditions for the implementation of Directive 1999/31/EC, implementing powers should be conferred on the Commission in respect of Articles 3(3), Annex I, paragraph 3.5 and Annex II, paragraph 5. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament anincrease legal certainty, transparency and democratic scrutiny, no further implementing competences shall be conferred ofn the Council17 . __________________ 17Regulation (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, 28/02/2011, p. 13)mmission other than those laid down in Directive 1999/31/EC.
Amendment 68 #
2015/0274(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Directive 1999/31/EC
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall take the necessary measures to ensure that by 2030The targets laid down in the Directive 1999/31/EC of the European Parliament and of the amCount of municipal waste landfilled is reduced to 10% of the total amount of mcil1a should first reach a satisfactory level so that new targets for 2030 can be set. __________________ 1aDirective 2008/98/EC of the European Parliament and of the counicipal waste generated.l of 19 November 2008 on waste and repealing certain Directive (OJ L 312,22.11.2008, p.3)
Amendment 70 #
2015/0274(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Directive 1999/31/EC
Article 5 – paragraph 6 – subparagraph 1
Article 5 – paragraph 6 – subparagraph 1
Amendment 73 #
2015/0274(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Directive 1999/31/EC
Article 5 – paragraph 6 – subparagraph 2
Article 5 – paragraph 6 – subparagraph 2
Amendment 87 #
2015/0274(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
1. Member States shall report the data concerning the implementation of Article 5(2) and (5) for each calendar yearregularly to the Commission. They shall report this data electronically within 18 months of the end of the reporting year for which the data are collected. The data shall be reported in the format established by the Commission in accordance with paragraph 5. The first reporting shall cover the data for the period from 1 January [enter year of transposition of this Directive + 1 year] to 31 December [enter year of transposition of this Directive + 1 year].
Amendment 95 #
2015/0274(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 1999/31/EC
Article 15 – paragraph 5
Article 15 – paragraph 5
Amendment 99 #
2015/0274(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 1999/31/EC
Article 16
Article 16
Amendment 101 #
2015/0274(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 1999/31/EC
Article 17a
Article 17a
Amendment 230 #
2015/0149(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Advances in digital technology allow for alternative ways of delivering and displaying labels electronically, such as on the internet, but also on electronic displays in shops. In order to take advantage of such advances, this Regulation should allow the use of electronic labels as replacement of or complementary to the physical energy label. In cases where it is not feasible to display the energy label, such as certain forms of distance selling and in advertisements and technical promotional material, potential customers should be provided at least with the energy class of the product. Technical promotional material does not include advertisements in billboards, newspapers, magazines, radio broadcasting, television and similar online formats.
Amendment 248 #
2015/0149(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The frequency of such rescaling should be determined by the percentage of products sold that fall in the top class and should take into account the need to avoid over burdening suppliers and dealers, as well as the speed of technological progress. A newly rescaled label should have one empty top class to encourage technological progress, provide for regulatory stability and limit the frequency of rescaling. In exceptional cases, where technology is expected to develop more rapidly, requirements should be laid down so that no products are expected to fall in the top two classes at the moment of the introduction of the label.
Amendment 264 #
2015/0149(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure legal certainty, it is necessary to clarify that rules on Union market surveillance and control of products entering the Union market provided for in Regulation (EC) No 765/2008 of the European Parliament and of the Council21 apply to energy-related products. Given the principle of free movement of goods, it is imperative that the market surveillance authorities of the Member States cooperate with each other effectively. Such cooperation on energy labelling should be reinforced through support by the Commission. __________________ 21 OJ L 218, 13.8.2008, p. 30. to the Group of Experts on Ecodesign and Energy Labelling Administrative Co-operation Working Group (ADCO). __________________ 21 null
Amendment 327 #
2015/0149(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘Energy-related product’ (hereinafter 'product') means any good or system or service with an impact on energy consumption during use, which is placed on the market andor put into service in the Union, including parts to be incorporated into energy-related products which are placed on the market and put into service;
Amendment 342 #
2015/0149(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘Label’ means a graphic diagram, either in printed or electronic form, including a classification using letters from A to G in seven different colours from dark green to red in order to show consumption of energyenergy efficiency and consumption of energy. It includes rescaled labels and labels with fewer classes and colours in accordance with Article 7(1b) and (4);
Amendment 347 #
2015/0149(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) 'Product information sheet' means a standard table of information relating to a product, either in printed or electronic form;
Amendment 371 #
2015/0149(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Suppliers shall comply with the following:
Amendment 372 #
2015/0149(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) they shall ensure that products placed on the market are providsupplied, free of charge, with accurate labels and product information sheets for each unit in accordance with this Regulation and the relevant delegated acts; implementing acts adopted under Article 12 of this Regulation. As an alternative to supplying the product information sheet with the product, implementing acts may provide that entering the parameters of such product information sheets into the product database established under Article 8 is sufficient.
Amendment 400 #
2015/0149(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) not place on the market products designed so that a model's performance is automatically altered in test conditions with the objective of reaching a more favourable level for any of the parameters specified in the implementing act or included in any of the documentation provided with the product.
Amendment 405 #
2015/0149(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) they shall display in a visible manner, on the appliance or in its immediate proximity, the label provided by the supplier or otherwise made available for a product covered by a delegatedn implementing act;
Amendment 420 #
2015/0149(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – point ii
Article 3 – paragraph 2 – point b – point ii
Amendment 428 #
2015/0149(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – point iii
Article 3 – paragraph 2 – point b – point iii
Amendment 431 #
2015/0149(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – point iii a (new)
Article 3 – paragraph 2 – point b – point iii a (new)
(iiia) they shall not be held liable for a missing new label on a product, where: - the dealer has requested the new label in due time from the manufacturer, and - the manufacturer has not provided them with the new label within a period that enables the dealer to re-label the products within the deadline pursuant to Article 7 (3);
Amendment 437 #
2015/0149(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) they shall make reference to the energy efficiency class of the product in any advertisement orand the range of the efficiency classes available on the label in any technical promotional material for a specific model of products in accordance with the relevant delegatedimplementing act and to the energy consumption, unless this is stipulated otherwise by the relevant implementing act;
Amendment 449 #
2015/0149(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall not prohibit, restrict or impedeimpede, in relation to matters covered by this Regulation, the placing on the market or putting into service, within their territories, of energy-related products which comply with this Regulation and itsthe relevant delegated actsimplementing acts under this Regulation.
Amendment 453 #
2015/0149(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Where Member States provide any incentives for an energy-related product covered by this Regulation and specified in a delegatedn implementing act, these shall aim at the highest classes of energy efficiency, in which products are available, laid down in the applicable delegatedimplementing act.
Amendment 457 #
2015/0149(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall ensure that the introduction of labels including rescaled labels and product information sheets is accompanied by educational and promotional information campaigns aimed at promoting energy efficiency and more responsible use of energy by customers, if appropriate in cooperation with dealerson energy labelling, if appropriate in cooperation with dealers and suppliers. The Commission shall support cooperation and the exchange of best practices in relation to these campaigns, including through the provision of a core script.
Amendment 516 #
2015/0149(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a Product groups 1. Where the working plan under Article 11 identifies a product group as appropriate to be rescaled, the Commission may amend the list of product groups contained in Annex Ia of this Regulation, by means of delegated acts adopted pursuant to Article 13. 2. Such delegated acts shall specify product groups which satisfy the following criteria: (a) according to the most recently available figures and considering the quantities placed on the Union market, the product group shall have significant potential for saving energy and where relevant, other resources; (b) product groups with equivalent functionality shall differ significantly in the relevant performance levels; (c) there shall be no significant negative impact as regards the affordability and the life cycle cost of the product group.; (d) the introduction of a label for a product to be covered by an implementing act shall not have a significant negative impact on the functionality of the product from the perspective of the user.
Amendment 518 #
2015/0149(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Commission may, by means of delegatedimplementing acts adopted pursuant to Articles 12 and 13, introduce labels or rescale existing labels for those products listed in Annex Ia (as may be amended by delegated acts in accordance with Article 6a).
Amendment 519 #
2015/0149(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
Amendment 531 #
2015/0149(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission shall ensure that, when a label is introduced or rescaled, the requirements are laid downtechnological advancement of the product is taken into account so that no products are expected to fall in energy classes A or B at the moment of the introduction of the label and so that the estimated time within which a majority of models. In the case of products where technology is expected to develop relatively rapidly, no products are expected to falls into those energy classes shall be at least ten years laterA and B at the moment of the introduction of the label.
Amendment 543 #
2015/0149(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 566 #
2015/0149(COD)
Proposal for a regulation
Article 7 – paragraph 5 – point a
Article 7 – paragraph 5 – point a
(a) suppliers shall provide both the current and the rescaled labels to dealers for a period of six months before the date specified in paragraph (b).
Amendment 574 #
2015/0149(COD)
Proposal for a regulation
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
(b) dealers shall replace the existing labels on products on display including on the Internet with the rescaled labels within one weekmonth following the date specified for that purpose in the relevant delegated act. Dealers shall not display the rescaled labels before that date.
Amendment 625 #
2015/0149(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
The Commission shall, by means of delegated acts adopted pursuant to Article 13, and having consulted the Consultation Forum referred to in Article 10, establish a working plan which shall be made publicly available. The working plan shall set out an indicative list of product groups which are considered as priorities for the adoption of delegated acts. The working plan shall also set out plans for the revision and rescaling of labels of products or product groupimplementing acts. The working plan mayshall be amended periodically by the Commission after consultation with the Consultation Forum. The working plan mayshall be combined with the working plan required by Article 16 of Directive 2009/125/EC.
Amendment 653 #
2015/0149(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point i
Article 12 – paragraph 3 – subparagraph 1 – point i
(i) the obligations on suppliers and dealers in relation to the product database;
Amendment 655 #
2015/0149(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point j
Article 12 – paragraph 3 – subparagraph 1 – point j
Amendment 690 #
2015/0149(COD)
Proposal for a regulation
Annex I a (new)
Annex I a (new)
Product Groups To include product groups currently labelled.
Amendment 216 #
2015/0009(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) Since EFSI should contribute to helping businesses by overcoming capital shortages, it is unlikely that basic or early-stage scientific research will benefit from this Regulation. The Commission should therefore ensure that any funds redeployed from the EU budget are not withdrawn from programmes that fund such activities.
Amendment 884 #
2014/2249(INI)
Motion for a resolution
Paragraph 1a (new)
Paragraph 1a (new)
1a. In the event that the citizens of the United Kingdom vote in favour of remaining in the EU on 23rd June 2016, calls on the European Parliament to honour the agreement reached at the European Council of 18th-20th February 2016, by adopting the necessary legislation swiftly;
Amendment 431 #
2014/2248(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the fact that, until the Treaties cease to apply to the United Kingdom, it will continue to participate in all decision-making of the Union throughout its institutions, with the exception of the negotiations and the agreement concerning its own withdrawal; considers that intermediate arrangements will need to be made concerning the UK’s participation in European decision- making, as it will be politically difficult to allow a Member State in the process of leaving to influence decisions affecting the Union of which it will soon cease to be a member;
Amendment 891 #
2014/2248(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Reiterates its commitment to initiating an ordinary treaty revision procedure under Article 48 TEU with a view to proposing the changes to Article 341 TEU and Protocol 6 necessary to allow Parliament to decide on the location of its seat and its internal organisation;
Amendment 901 #
2014/2248(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Reiterates its call for a single seat for the European Parliament; proposes that Parliament and the Council each decide the location of their own seat after having obtained the consent of the other; further proposes that the seats of all the other EU institutions, agencies and bodies be determined by Parliament and the Council on a proposal by the European executive, acting in accordance with a special legislative procedure;
Amendment 34 #
2014/2211(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the EU base metals industry should be considered as a strategic asset for European competitiveness, in particular for other industrial sectors as well as for the development of existing and new infrastructure;
Amendment 36 #
2014/2211(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas EU should reduce its dependency on import of base metal products from regions outside the Union;
Amendment 37 #
2014/2211(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. Whereas addressing the issue of competitiveness and the risk of carbon leakage should be the priority while any protectionist measures must be avoided;
Amendment 74 #
2014/2211(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the EU base metals industry is losing its competitiveness also due to high regulatory and administrative burdens;
Amendment 93 #
2014/2211(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Understands that the European Commission has launched discussions which will culminate in the reform of the ETS for the fourth period 2021-2028 and calls, in this connection, for the fight against climate change to focus on efficiency and optimising yields rather than on limiting productioncarbon reduction strategy to focus on competitiveness, efficiency and optimising yields;
Amendment 95 #
2014/2211(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights the necessity for the EU to cut red tape, reduce regulatory and administrative burdens and set a competitiveness-friendly regulatory environment for the enterprises;
Amendment 96 #
2014/2211(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 124 #
2014/2211(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights that focus should be shifted to the research and development of new technologies and process which will lead to increasing the competitiveness of the EU's base metals industry and to reduce harmful impacts on the environment;
Amendment 132 #
2014/2211(INI)
Motion for a resolution
Subheading 2
Subheading 2
Amendment 141 #
2014/2211(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights the fact that an international agreement on combating climate change that creates circumstances of fairwhere countries would comopetition for all base rate at the multilateral level and forge a coherent global environmental producers would render border adjustment unnecessaryregime to reduce carbon emissions would be the most positive way of dealing with global emissions;
Amendment 151 #
2014/2211(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that by taking both imports and exports into account, the adjustment mechanism brings European regulation closer to a consumption-based territorial approach and that this kind of bottom-up approach has the advantage of offering a universal solution that enables each state to decide in a sovereign manner how ambitious its climate policy is to bea carbon border adjustment mechanism would undoubtedly lead to retaliation from trading partners in other areas and undermine the EU's efforts to reach a global deal on reducing emissions; it would also directly increase the cost of raw materials and therefore cause a negative effect on production, consumption as well as exports;
Amendment 161 #
2014/2211(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Maintains that the climate policy objectives of protecting the life and health of humans, animals and plants, and of the conservation of finite natural resources, if applied in a non-discriminatory manner, are consonant with the exceptions set out in Article XX of the WTOGATT Agreement; specifies that the global nature of the climate issue, and the fact that an atmosphere with a low carbon content (clean air) is a global public good, means that it is already viewed as a natural resource that can be exhausted;
Amendment 173 #
2014/2211(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that knowing the carbon content, which is assessed on an industry-wide basis, is essential for building an international system for combating greenhouse gas emissions; points out that the establishing of border adjustment measures is thus the precursor of an international system to combat CO2 emissions;
Amendment 191 #
2014/2211(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 200 #
2014/2211(INI)
Motion for a resolution
Subheading 5
Subheading 5
Amendment 202 #
2014/2211(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 219 #
2014/2211(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 227 #
2014/2211(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Suggests that any facility classified as subject to the ETS should make comprehensive information available every year, including in respect of combating climate change and compliance with EU environmental directives, and that this be accessible to workers' representatives and to the representatives of civil society from local communities;
Amendment 241 #
2014/2211(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 247 #
2014/2211(INI)
Motion for a resolution
Subheading 9
Subheading 9
Amendment 249 #
2014/2211(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 262 #
2014/2211(INI)
Motion for a resolution
Subheading 10
Subheading 10
Amendment 265 #
2014/2211(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 38 #
2014/2210(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas direct taxation and succession law are Member State competences
Amendment 126 #
2014/2210(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and especially the Member States therefore to improve the legal framework for the transfer of family businesses and create special financing instruments for transfers and thus prevent liquidity shortages so as to ensure the survival of family businesses and prevent distress sales;
Amendment 135 #
2014/2210(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission, in the context of better regulation, to undertake an analysis of existing legislation which impacts on family businesses in order to identify problems and barriers to growth;
Amendment 29 #
2014/2209(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. Whereas the administrative burden of EU regulation forms a substantial cost for enterprises to comply with;
Amendment 30 #
2014/2209(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. Whereas new initiatives to reduce regulatory burdens on SMEs and other sectors have been proposed;
Amendment 35 #
2014/2209(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. Whereas application procedures for EU funding for SMEs are still too bureaucratic and therefore prohibitive for most SMEs;
Amendment 51 #
2014/2209(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the concept of green growth and the opportunities arising from it relate to various sectorareas such as the circular economy, energy efficiency, resource efficiency, renewable energy, waste management, cradle to cradle; points out the considerable economic potential of these areas have for different sectors;
Amendment 53 #
2014/2209(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that green growth should be put in a broad perspective, and should include efforts deployed throughout the whole value chain and across the entrepreneurial ecosystem, including efforts by industrial manufacturing players to reduce the ecological footprint of their products, production processes, business practices and services;
Amendment 90 #
2014/2209(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that there is no one-size-fits-all mode of finance and calls on the Commission to support the development of a broad range of tailotake into account the interest of SMEs in all existing and possible futured programmes, instruments and initiatives., especially for new business models in the green economy, ranging across equity (such as business angels, crowd funding and multilateral trading facilities), quasi-equity (such as mezzanine finance) and debt instruments (such as small-ticket company bonds, guarantee facilities and platforms), and partnerships between banks and other operators involved in SME financing (accountancy professionals, business or SME associations or chambers of commerce), in order to support businesses in their start- up, growth and transfer phases, taking into account their size, turnover and financing needs; calls on the Member States and the regions to provide fiscal incentives for these funding models; stresses the importance of reviewing existing SME supporting instruments to include further green growth opportunities;
Amendment 100 #
2014/2209(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises that entrepreneurs, SMEs, business associations and support organisations should be more literate on financing possibilities for more performant technologies, or for contracting services such as consultancy, coaching and training on eco-design, resource management and green entrepreneurship and availability of green technologies, products and services that could be beneficial for their business, therefore all information about these possibilities should be easily accessible and should be communicated in a way that corresponds best with the logic and working methods of SMEs;
Amendment 110 #
2014/2209(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the importance of knowledge transfers and multi-stakeholder knowledge sharing, including cross-border, through informal networks, especially for SMEs and micro enterprises, to raise awareness of existing and new innovative techniques, best practices, ways to acquire proper financing, possible government support schemes and the relevant legislative frameworks entailing the least burdensome administration and recalls that the existing national contact points for the EU funding programmes and the Enterprise Europe Network have to be fully involved in the support of SMEs and pro-actively inform, coach and support SMEs to identify financing possibilities at EU, national or regional level;
Amendment 120 #
2014/2209(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the need to further develop basic R&D necessary for further technological developments; highlights the importance of the reindustrialisation of Europe given the importance of the manufacturing industry for R&D&I and thus the EU’s future competitive advantage and to fully involve SMEs in this process;
Amendment 123 #
2014/2209(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Highlights the importance of the reindustrialisation of Europe given the importance of the manufacturing industry for R&D&I and thus the EU's future competitive advantage;
Amendment 145 #
2014/2209(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the Commission to pursue better and therefore not necessarily more legislation and to consequently involve stakeholders from the relevant industries and SMEs to share their insights and knowledge at each stage of the legislative process, including the impact assessment;
Amendment 146 #
2014/2209(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the Commission to ensure that the SME Test is fully applied in all impact assessments;
Amendment 152 #
2014/2209(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 161 #
2014/2209(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 53 #
2014/2153(INI)
Motion for a resolution
Recital F
Recital F
F. whereas from the experience of 2006 and 2009, when Russia cut off gas supply to Ukraine, it is clear that the disruptions experienced in some of the central and eastern European Member States evidenced the risks existing to security ofstrategic weakness of current energy supply arrangements;
Amendment 145 #
2014/2153(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that equal energy security, competitiveness and sustainability in a fully integrated energy market constitute the main pillars for the creation of an Energy Union, which cof energy policy and be achieved by pooling resources, connecting networks, ensuring unified energy market regulation and establishing unified negotiating positions vis-à-vis third countrieslieves that in order to complete the internal energy market, connecting networks via infrastructure and appropriate cross border rules must be our priority;
Amendment 173 #
2014/2153(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the importance for strengthening energy independence of short-term measures such as storage of gas, development of reverse gas flow infrastructure, preparation of regional security of supply plans, and more effective use of the opportunities to import liquefied natural gas in those Member States which are exclusively dependent on, or unduly vulnerable to, one single supplier of natural gas; points out that there is a vital need for cooperation between all relevant actors, such as the Commission, Member States, neighbouring countries, regulatory bodies, ACER, transmission system operators and gas suppliers;
Amendment 216 #
2014/2153(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the moderation of energy demand through energy efficiency is triply crucial, impacting positively on the EU’s energy security, competitiveness and sustainability; calls on Member States to be ambitious in implementing EU energy efficiency legislation; (The first part of Paragraph 12 would be more appropriate here.)
Amendment 247 #
2014/2153(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that energy demand in the building sector is responsible for about 40 % of energy consumption in the EU and a third of natural gas use, and that it is therefore necessary to speed up renovation of buildings in order toplace greater emphasis on reduceing energy demand whilein buildings; encouraginges greater involvement and use of the European Investment Bank and promoting energy services for whichother EU funds that can complement national financing schemes in driving energy efficiency improvements;
Amendment 280 #
2014/2153(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that improved vehicle performance standards and fuel efficiency are crucial for both reducing EU oil dependency and cutting greenhouse gas emissions, and therefore calls on industry, Member States, and the Commission to continue and accelerate its efforts in this field;
Amendment 288 #
2014/2153(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls onBelieves theat Member States to be ambitious in implementing EU energy efficiency legislation, and thus to be prepared with national and regional measures for sharply reducing energy demand both before must be prepared with national and regional plans for moderating energy demand in response to supply shocks;
Amendment 308 #
2014/2153(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to closely monitor the implementation of the Energy Efficiency Directive and the Energy Performance of Buildings Directive and; notes that the Commission will review the Energy Performance of Buildings Directive by 1st January 2017 and requests at the same time to carry out a limited review of the Energy Efficiency Directive in order to update the provisions relevant to the indicative 2030 energy efficiency improvement target of at least 27 %; believes that measurement and verification of energy efficiency improvements should be an integral part of the annual European semester reporting;
Amendment 406 #
2014/2153(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers that nuclear energy, which is carbon-neutral, continues to be a significant alternative forsource of electricity production; notes that the choice of whether to use nuclear energy remains the competence of Member States;
Amendment 437 #
2014/2153(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Believes that the development of renewable energy sources with the objective of 20 % by 2020 and at least 27 % by 2030 is essential, taking into consideration energy costcost effectiveness; stresses the importance of developing cross border infrastructure, smarter energy grids and new energy storage solutions for the integration of renewables;
Amendment 467 #
2014/2153(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes that a more decentralised energy system, with power sources being placed closer to the point of usage, diminishproves the risk of attacking vulnerable infrastructure and simultaneously provides business opportunities for small and medium-sized enterprises;resilience of energy infrastructure; notes however that the non-programmable nature of many energy sources necessitates the availability of alternative back-up capacity, such as gas, and calls on the Commission and the Member States, therefore, to facilitateplan holistically when further development ofing local renewable energy sources and of local distribution networks;
Amendment 512 #
2014/2153(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Member States to seek for better interaction and coordination of national and European research programmes among themselves and with the Commission, especially in the fields of energy and construction, in order to ensure that priority is given to common challenges such as increasing energy efficiency and reducing greenhouse gas emissions, as well as increasing energy security;
Amendment 529 #
2014/2153(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that the commitment to reducing greenhouse gas emissions must not undermine the EU economy’s global competitiveness; considers,underlines therefore, that a complexjoined-up approach to climate changesustainability, security and competitiveness is needed;
Amendment 538 #
2014/2153(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission and the Member States toRecognises that state aid rules exist to provide legal certainty for state intervention when there is particular market failure; believes therefore that the Commission and the Member States should only where absolutely necessary make full use, for the purposes of increased energy security and the transition to a low- carbon economy, of the possibilities allowed for financing energy projects through state aid, as well as the; reminds that in such instances financial instruments are available through the European Regional Development Fund, Horizon 2020, the European Neighbourhood Policy Instrument, and the investment facilities of the European Investment Bank and the European Bank for Reconstruction and Development and public and private intermediaries;
Amendment 644 #
2014/2153(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Emphasises that acceleration of the implementation of strategic infrastructure projects is highly necessaryimperative, and therefore encourages the Commission to participate more actively in this process with the relevant Member States and regions;
Amendment 668 #
2014/2153(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Stresses the need for regional cooperation to be strengthened throughout the EU, as energy security issues can be resolved more effectively and energy can be produced, managed and consumed more rationally at the regional level; notes that the Baltic Energy Market Interconnection Plan, which aims to integrate the countries of the Baltic Sea region into the EU energy infrastructure networks, is an excellent example of regional cooperation;
Amendment 671 #
2014/2153(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Emphasises that energy must be made affordable to all citizens of the EU; considers that avoiding unnecessary consumption, efficiency improvements and sustainable energy investment, particularly in buildings, wouldBelieves that the only way to provide affordable energy prices is through a fully integrated market with maximum competition, which combined with energy efficiency will enable many households to escape energy poverty;
Amendment 694 #
2014/2153(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Stresses that dependence on one single supplier of energy resources, with the resulting vulnerability and lack of competition, can impede economic growth and endanger security at national and EU level, and that, therefore, all projects for diversifying energy suppliers must be implemented consistently;
Amendment 706 #
2014/2153(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Recognises that Carbon Capture and Storage (CCS) could enable the sustainable exploitation of our indigenous fossil fuels and other energy sources and therefore takes the view that CCS will have an important role in reconciling the diversification of external energy supply with objectives to reduce greenhouse gas emissions;
Amendment 786 #
2014/2153(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. IBelieves that there is scope for coordination between Member States when negotiating supply agreements with third countries and invites the Commission to analyse the potential structureappropriateness of a collective purchasing mechanism and its impact on the functioning of the internal gas market and contribution to ensuring security of gas supply; notes that since there are several models of collective purchasing mechanisms, further work needs to be done to determine the best market-based model applicable for EU regions and the suppliers concerned; recognises however that a number of Member States already have advanced gas trading hubs and that mandated collective purchasing would not be an appropriate mechanism for them;
Amendment 793 #
2014/2153(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Takes the view that the main condition for the creation of the future European Energy Union is the completion of an integrated EU internal energy market, which requires full implementation of the Third Energy Package and the existence of a strong external dimension for an EU energy policy that is based on close coordinperation of positions and speaking with one voice with third countribetween Member States;
Amendment 801 #
2014/2153(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
Amendment 5 #
2014/2078(DEC)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the Court of Auditors Report adopted on 11.07.2014 states that the potential saving for the EU Budget would be about 114 million euro a year if the European Parliament centralised its activities;
Amendment 48 #
2014/2078(DEC)
Motion for a resolution
Paragraph 33 c (new)
Paragraph 33 c (new)
33c. Stresses that the Parliament and the Council, in order to create long term savings in the Union budget, must address the need for a roadmap to a single seat, as stated by the Parliament in several previous resolutions;
Amendment 73 #
2014/0121(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Institutional investors should annually disclose to the public how their equity investment strategy is aligned with the profile and duration of their liabilities and how it contributes to the medium to long- term performance of their assets. Where they make use of asset managers, either through discretionary mandates involving the management of assets on an individual basis or through pooled funds, they should disclose to the public the main elements of the arrangement with the asset manager with regard to a number of issues, such as whether it incentivises the asset manager to align its investment strategy and decisions with the profile and duration of the liabilities of the institutional investor, whether it incentivises the asset manager to make investment decisions based on medium to long-term company performance and to engage with companies, how it evaluates the asset managers performance, the structure of the consideration for the asset management services and the targeted portfolio turnovermake investment decisions based on medium to long-term company performance and to engage with companies. This would contribute to a proper alignment of interests between the final beneficiaries of institutional investors, the asset managers and the investee companies and potentially to the development of longer-term investment strategies and longer-term relationships with investee companies involving shareholder engagement.
Amendment 82 #
2014/0121(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to ensure that shareholders have an effective say on the remuneration policy, they should be granted the right to approve the remuneration policy, on the basis of a clear, understandable and comprehensive overview of the company's remuneration policy, which should be aligned with the business strategy, objectives, values and long-term interests of the company and should incorporate measures to avoid conflicts of interest. Any ratio addressing remuneration shall be based upon annual adjustments in remuneration which will provide a useful indicator of the development of remuneration across the company. Companies should only pay remuneration to their directors in accordance with a remuneration policy that has been approved by shareholders. The approved remuneration policy should be publicly disclosed without delay.
Amendment 92 #
2014/0121(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Transactions with related parties may cause prejudice to companies and their shareholders, as they may give the related party the opportunity to appropriate value belonging to the company. Thus, adequate safeguards for the protection of shareholders’ interests are of importance. For this reason Member States should ensure that related party transactions representing more than 5 % of the companies’ assets or transactions which can have a significant impact on profits or turnover should be submitted to a vote by the shareholders in a general meeting. Where the related party transaction involves a shareholder, this shareholder should be excluded from that vote. The company should not be allowed to conclude the transaction before the shareholders’ approval of the transaction. For transactions with related parties that represent more than 1% of their assets companies should publicly announce such transactions at the time of the conclusion of the transaction, and accompany the announcement by a report from an independent third party assessing whether the transaction is on market terms and confirming that the transaction is fair and reasonable from the perspective of the shareholders, including minority shareholders. Member States should be allowed to exclude transactions entered into between the company and its wholly owned subsidiaries, as well as transactions conducted on standard terms in the ordinary course of business. Member States should also be able to allow companies to request the advance approval by shareholders for certain clearly defined types of recurrent transactions above 5 percent of the assets, and to request from shareholders an advance exemption from the obligation to produce an independent third party report for recurrent transactions above 1 percent of the assets, under certain conditions, in order to facilitate the conclusion of such transactions by companies.
Amendment 103 #
2014/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2007/36/EC
Article 2 – point h
Article 2 – point h
(h) ”shareholder engagement’ meanincludes the monitoring by a shareholder alone or together with other shareholders, of companies on matters such as strategy, performance, risk, capital structure and corporate governance, having a dialogue with companies on these matters and voting at the general meeting.
Amendment 132 #
2014/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2007/36/EC
Chapter IB – article 3g – paragraph 2 – introductory part
Chapter IB – article 3g – paragraph 2 – introductory part
2. Where an asset manager invests on behalf of an institutional investor, either on a discretionary client-by-client basis or through a collective investment undertaking, the institutional investor shall annually disclose to the public the main elements of the arrangement with the asset manager with regard to the following issues:
Amendment 133 #
2014/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2007/36/EC
Chapter IB – article 3g – paragraph 2 – point a
Chapter IB – article 3g – paragraph 2 – point a
Amendment 134 #
2014/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2007/36/EC
Chapter IB – article 3g – paragraph 2 – point c
Chapter IB – article 3g – paragraph 2 – point c
Amendment 135 #
2014/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2007/36/EC
Chapter IB – article 3g – paragraph 2 – point d
Chapter IB – article 3g – paragraph 2 – point d
Amendment 136 #
2014/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2007/36/EC
Chapter IB – article 3g – paragraph 2 – point e
Chapter IB – article 3g – paragraph 2 – point e
Amendment 138 #
2014/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2007/36/EC
Chapter IB – article 3h – paragraph 1
Chapter IB – article 3h – paragraph 1
1. Member States shall ensure that asset managers disclose on a half-yearly basisannually and where necessary to the institutional investor with which they have entered into the arrangement referred to in Article 3g(2) in individual mandates how their investment strategy and implementation thereof complies with that arrangement and how the investment strategy and implementation thereof contributes to medium to long-term performance of the assets of the institutional investor.
Amendment 161 #
2014/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2007/36/EC
Article 9a – paragraph 3 – subparagraph 2
Article 9a – paragraph 3 – subparagraph 2
The policy shall indicate the maximum amounts of total remuneration that can be awarded, and the corresponding relative proportion of the different components of fixed and variable remuneration. It shall explain how the pay and employment conditions of employees of the company were taken into account when setting the policy or directors' remuneration by explaining the ratio between the average annual adjustment of remuneration of directors and the average annual adjustment of remuneration of full time employees of the company other than directors and why this ratio is considered appropriate. The policy may exceptionally be without a ratio in case of exceptional circumstances. In that case, it shall explain why there is no ratio and which measures with the same effect have been taken.
Amendment 183 #
2014/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2007/36/EC
Article 9c – paragraph 1 – subparagraph 1
Article 9c – paragraph 1 – subparagraph 1
1. Member States shall ensure that companies, in case of transactions with related parties that represent more than 1% of their assets, publicly announce such transactions at the time of the conclusion of the transaction, and accompany the announcement by a report from an independent third party assessing whether or not it is on market terms and confirming that the transaction is fair and reasonable from the perspective of the shareholders, including minority shareholders. The announcement shall contain information on the nature of the related party relationship, the name of the related party, the amount of the transaction and any other information necessary to assess the transaction.
Amendment 193 #
2014/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2007/36/EC
Article 9c – paragraph 4
Article 9c – paragraph 4
4. Member States may exclude transactions entered into between the company and one or more members of its group from the requirements in paragraphs 1, 2 and 3, provided that those members of the group are wholly owned by the company. Member States may also exclude transactions conducted on standard terms in the ordinary course of business.
Amendment 273 #
2014/0091(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) This minimum harmonisation Directive should fully respect the principles of subsidiarity and proportionality and should not preclude Member States from maintaining or introducing further provisions in order to protect members and beneficiaries, provided that such provisions are consistent with Member States' obligations under Union law. This Directive should not concern issues of national social, labour and tax law, and contract legislation nor the adequacy of pension provisions in Member States.
Amendment 299 #
2014/0091(COD)
Proposal for a directive
Recital 5
Recital 5
(5) This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, notably, the right to protection of personal data, the right to conduct a business, the right to property and the right to a high level of consumer protection, in particular by ensuring a higher level of transparency of retirement provisioning, informed personal financial and retirement planning as well as facilitating cross-border businesactivities of institutions for occupational retirement provision and businesses. This Directive must be implemented in accordance with these rights and principles.
Amendment 312 #
2014/0091(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In accordance with the principle of subsidiarity, Member States should retain full responsibility for the organisation of their pension systems as well as for the decision on the role of each of the three ‘pillars’ of the retirement system in individual Member States. In the context of the second pillar, they should also retain full responsibility for the role and functions of the various institutions providing occupational retirement benefits, such as industry-wide pension funds, company pension funds and life-assurance companies. This Directive is not intended toshould not call thise prerogative of Member States into question.
Amendment 316 #
2014/0091(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) In accordance with the principle of proportionality and in line with Better Regulation objectives to reduce regulatory burdens and costs on businesses, the rules laid down in this Directive should minimise administrative and financial burdens on all actors.
Amendment 345 #
2014/0091(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) Institutions for occupational retirement provision are a vital part of the European economy, holding assets worth €2.5 trillion on behalf of around 75 million Europeans.
Amendment 360 #
2014/0091(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Sufficient and appropriate assets to cover the technical provisions protect the interests of members and beneficiaries of the pension scheme if the sponsoring undertaking becomes insolvent. IAn particular in cases of cross-border activity, the mutual recognition of supervisory principles applied in Member States requires that the technical provisions be fully funded at all tiinstitution's technical provisions should be fully funded in respect of the total range of pension schemes operated at the moment when the institution starts operating a new or additional schemes.
Amendment 408 #
2014/0091(COD)
Proposal for a directive
Recital 45
Recital 45
(45) The safe-keeping and oversight duties related to the assets of institutions should be strengthened by clarifying the depositary’s roles and duties. Only iInstitutions operating schemes where members and beneficiaries bear all the risks and where equivalent protections are not already in place, should be required to appoint a depositary.
Amendment 418 #
2014/0091(COD)
Proposal for a directive
Recital 48
Recital 48
(48) For the institution's members that have not yet retired, institutions should draw up a standardised pension benefit statement containing key personal and genericappropriate and relevant information about the pension scheme. The pension benefit statement should have a standard format in order to facilitate the understanding of pension entitlements over time and across schemes and serve labour mobility.
Amendment 440 #
2014/0091(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Home Member States may choose to apply the provisions of Articles 9 to 15, Articles 20 to 23, Articles 25 to 29, Articles 31 to 34, Articles 38 to 53 and Articles 55 to 71 of this Directive to the occupational retirement provision business of asset management companies covered by Directives 2014/91/EU and 2011/61/EU, providing pension schemes where members bear the investment risk.
Amendment 442 #
2014/0091(COD)
Proposal for a directive
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
The home Member State shall ensure that either the competent authorities, or the authorities responsible for supervision of asset management companies covered by Directives 2014/91/EU and 2011/61/EU, as part of their supervisory work, monitor closely the asset management companies’ relevant occupational retirement business.
Amendment 479 #
2014/0091(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. UnlessWhere national social and labour law on the organisation of pension systems provides otherwiselaw does not already make provision for protection of members’ interests on transfers such as the amounts being actuarially determined, the transfer and its conditions shall be made subject to prior approval by the members and beneficiaries concerned or, where applicable, their representatives. In any event, information on the conditions of the transfer shall be made available to the members and beneficiaries concerned or, where applicable, their representatives at least four months before the application referred to in paragraph 2 is submitted.
Amendment 516 #
2014/0091(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. In the event of cross-border activity as referred to in Article 12, the technical provisions shall at all timesrelated to a new or additional scheme shall be fully funded in respect of the total range of pension schemes operated. If these conditions are not met, at the cmompetent authorities of the home Member State shall intervene in accordance with Article 62. To comply with this requirement the home Member State may require ring- fencing of the assets and liabilitiesthe institution starts operating this new or additional scheme.
Amendment 552 #
2014/0091(COD)
Proposal for a directive
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) their professional qualifications, knowledge and experience are adequate to enable them to ensure a sound and prudent management of the institution and to properly carry out their key funccollectively adequate in relation to the activities performed for the institutions (requirement to be fit); and
Amendment 557 #
2014/0091(COD)
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Member States shall ensurequire that there are effective procedures and regular controls in place to enable the competent authorities to assess whether the persons who effectively run the institution or have other key functions fulfil the requirements laid down in paragraph 1.
Amendment 564 #
2014/0091(COD)
Proposal for a directive
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. This Article shall not apply to service providers that fall under Directives 2013/36/EU, 2014/65/EU, 2014/91/EU and 2011/61/EU.
Amendment 597 #
2014/0091(COD)
Proposal for a directive
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1a. Member States shall require the competent authority, having regard to the size and internal organisation of the institution as well as to the nature, scale and complexity of the activities of the institutions concerned, to decide what information is to be covered in a risk assessment.
Amendment 598 #
2014/0091(COD)
Proposal for a directive
Article 29 – paragraph 2 – introductory part
Article 29 – paragraph 2 – introductory part
2. TWhere applicable, subject to paragraph 1a, the risk evaluation for pensions referred to in paragraph 1 shall cover:
Amendment 606 #
2014/0091(COD)
Proposal for a directive
Article 30
Article 30
Amendment 621 #
2014/0091(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. For each occupational pension scheme in which members and beneficiaries fully bear the investment risk, the home Member State shallwhere national law of the home Member State does not provide protection for safe-keeping assets and oversight duties equivalent to Articles 36 and 37, and where a depositary has not already been appointed in relation to pension scheme assets in financial products in accordance with Directives 2011/61/EU or 2009/65/EU, Member States may require the institution to appoint a single depositary for safe-keeping of assets and oversight duties in accordance with Articles 36 and 37.
Amendment 627 #
2014/0091(COD)
Proposal for a directive
Article 36 – paragraph 5 – introductory part
Article 36 – paragraph 5 – introductory part
5. Where under national law of the home Member State there are no fiduciary obligations imposed on those who effectively run the institution or on those who hold scheme assets, and where no depositary is appointed for the safe- keeping of assets, institutions shall, at least be required to:
Amendment 720 #
2014/0091(COD)
Proposal for a directive
Article 64 – paragraph 2
Article 64 – paragraph 2
Amendment 733 #
2014/0091(COD)
Proposal for a directive
Article 77 a (new)
Article 77 a (new)
Article 77a Assessment of subsidiarity and proportionality By two months after the adoption of this Directive, the Commission shall prepare an assessment on the compliance of this Directive with the principles of subsidiarity and proportionality. This assessment shall be forwarded to the European Parliament, Council and national parliaments without delay. In the event that the assessment is negative as to this Directive’s compliance with the aforementioned principles, the Commission shall present a proposal for the revision of this Directive, which shall address non-compliance and inconsistencies with the principles of subsidiarity and proportionality.
Amendment 734 #
2014/0091(COD)
Proposal for a directive
Article 78 – paragraph 1 – subparagraph 1
Article 78 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 6(c), (i) to (p), Article 12(4) second and third subparagraph, Article 12(10), Article 13, Article 20(6) and (8), Articles 21 to 30, Article 33, Article 35(1) and (2), Article 35(4) to (7), Article 36 to 38, Articles 39(1) and (3), Articles 40 to 53, Articles 55 to 57, Article 58(1), Articles 59 to 61, Article 63, Article 64(1)(b) to (d) and (f), Articles 65 to 71 of this Directive by 31 December 2016...*[OJ please insert date: 18 months after the date of entry into force of this directive] subject to a satisfactory additional subsidiarity and proportionality impact assessment on the proposed rules being carried out beforehand by the European Commission. This new impact assessment and its findings shall be presented to the European Parliament and Member States without delay. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 7 #
2013/2185(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
– having regard to its resolution of 28 January 2014 on EU Regulatory Fitness and Subsidiarity and Proportionality - 19th report on Better Lawmaking covering the year 2011
Amendment 9 #
2013/2185(INI)
Motion for a resolution
Recital A
Recital A
Amendment 11 #
2013/2185(INI)
Motion for a resolution
Recital B
Recital B
B. whereas under the principle of sincere cooperation the Union and national institutions assist each other, in full mutual respect, in carrying out tasks which flow from the Treaties and whereas the latter institutions facilitate the achievement of the Union's tasks and refrain from any measures that could jeopardise the attainment of the Union's objectives;
Amendment 14 #
2013/2185(INI)
Motion for a resolution
Recital C
Recital C
C. whereas Article 12 of the TEU, covering the activities of national parliaments, fleshes out the principle of sincere cooperation by stating thatand outlines the ways in which the national parliaments should contribute actively to the good functioning of the Union;
Amendment 17 #
2013/2185(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the principle of conferral circumscribes the competences of the Union, which are exercised in accordance with the principles of subsidiarity and proportionality, and whereas the national parliaments seek tohave a particular role in ensureing that draft legislative acts comply with the subsidiarity principle, and whereas the duty to adhere to the principles of subsidiarity and proportionality must also rest with the European institutions;
Amendment 24 #
2013/2185(INI)
Motion for a resolution
Recital G
Recital G
Amendment 29 #
2013/2185(INI)
Motion for a resolution
Recital H
Recital H
Amendment 34 #
2013/2185(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the national parliaments’ competences in connection with the subsidiarity principle are viewed by most of those parliaments more as a means ofas a useful tool through which they can formally engaginge in ‘political dialogue’ with the European institutions than as a formal legal means of blocking legislatthe legislative process at the European level, and whereas the official transmission of documents to national parliaments encourages not only such formal engagement but also political interest and opinion in the work of the European Union;
Amendment 47 #
2013/2185(INI)
Motion for a resolution
Recital N
Recital N
N. whereas the inclusion of national parliaments in a European parliamentary system needs to be properly regulated with a view to building a Union that is ever more integrated, democratic, transparent and close to the people;
Amendment 55 #
2013/2185(INI)
Motion for a resolution
Recital P
Recital P
Amendment 60 #
2013/2185(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas following the establishment of the Interparliamentary Conference for the CFSP and the CSDP and the Interparliamentary Conference on Economic and Financial Governance, as well as the consolidation of interparliamentary committee meetings’ position as the preferred channel for cooperation, COSAC should focus on its role of making periodic reviews of the general state of the integration procesdialogue between parliamentarians elected at a national and European level, COSAC may have more scope for coordination and exchange of best practice with regard to subsidiarity interventions and other political engagements with the European institutions;
Amendment 65 #
2013/2185(INI)
Motion for a resolution
Recital R
Recital R
Amendment 70 #
2013/2185(INI)
Motion for a resolution
Recital S a (new)
Recital S a (new)
Sa. whereas the yellow card procedure has been triggered on two occasions to date, in relation to the Monti II and European Public Prosecutor proposals;
Amendment 72 #
2013/2185(INI)
Motion for a resolution
Recital S b (new)
Recital S b (new)
Sb. whereas as of 28 January 2014 national parliaments have submitted a total of 277 reasoned opinions under their new powers, which represents 16% of all submissions received, and whereas 452 draft legislative proposals have been communicated to national parliaments, implying an average response rate of 1 reasoned opinion for every 2 draft legislative proposals;
Amendment 76 #
2013/2185(INI)
Motion for a resolution
Recital T
Recital T
T. whereas this is due in part to the fact that the role of the EU Speakers’ Conference as a political driving force in interparliamentary relations still needs to be more clearly defined and placed on a more formal institutional footing;
Amendment 82 #
2013/2185(INI)
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
(a) active involvement in EU law-making (Treaty ratification powers, participation in Conventions under Article 48 of the TEU, scrutiny of national governments, scrutiny of subsidiarity, ability to oppose legislation under exceptional circumstances including the mechanism to monitor and safeguard its application, transposition of EU legislation into national law);
Amendment 102 #
2013/2185(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that only two ‘yellow cards’ - and no ’orange cards’ at all – have been shown in the subsidiarity scrutiny process to date, and points out that the purpose of the early warning mechanism is not to block the European decision-making process but to improve the quality of EUensure adherence to the principle of subsidiarity by the Commission when proposing legislation;
Amendment 106 #
2013/2185(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes the view, therefore, that subsidiarity compliance monitoring by national parliaments and European institutions should be seen not as a restriction but as a very necessary duty, in that it helps to mould the form and substance of EU legislation to the needs of EU citizenapplicable in the Member States, requiring that decisions be taken as close to the citizens as possible while achieving the policy objectives;
Amendment 112 #
2013/2185(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the fact that this mechanism is in practice not only being used as the formal instrument for exercising the rights afforded to national parliaments but also as a channel for consultation and cooperative dialogue between the various institutions in the EU’s multitier system;
Amendment 115 #
2013/2185(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Regrets that despite the relative success of the political engagement, the subsidiarity mechanism itself is largely dysfunctional;
Amendment 116 #
2013/2185(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Considers that the pressure on time and resources faced by national parliaments when responding to draft proposals forwarded to them by the Commission contributes to the perceived 'democratic deficit' within the EU;
Amendment 117 #
2013/2185(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Recalls its adopted position in favour of reforming the subsidiarity mechanism, in order to strengthen its process and to give more rights to national parliaments;
Amendment 118 #
2013/2185(INI)
Motion for a resolution
Paragraph 9 d (new)
Paragraph 9 d (new)
9d. Considers that as an interim measure the Commission could undertake on its own initiative to extend the deadline for reasoned opinions to be submitted and considered, as part of greater cooperation between the institutions and national parliaments; believes that such an extension should only come into effect where there are legitimate questions about a proposal's compliance with the principle of subsidiarity; recommends therefore that an informal extension to 16 weeks be offered where 3 reasoned opinions have been received within the 8 week period afforded to national parliaments under the Treaties;
Amendment 120 #
2013/2185(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Regrets that often the distinction between a reasoned opinion and a contribution can be unclear, and invites the national parliaments and European institutions to agree a set of criteria which can be applied in order to better define these two methods of formal and informal engagement;
Amendment 124 #
2013/2185(INI)
Motion for a resolution
Paragraph 11 – point c
Paragraph 11 – point c
Amendment 131 #
2013/2185(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 139 #
2013/2185(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Points out that such cooperation cannot be separated fromsits alongside the aim of contributing ‘actively to the good functioning of the Union’ and that interparliamentary meetings and cooperation arrangements therefore need to be better coordinated in order to enhance their effectiveness and quality, as well as the corepresent further opportunity for political discourse; regrets that to date often this discourse takes place in largely empty meeting rooms and consists of a series of pre-prepared interventions; believes that in order to be useful and an effective use of resources these meetings must urgently evolve away from resembling the European Parliament's plenary debates and instead serve as a more dynamic setting for real debate, lest parliamentaribution they make to the integration processans, both national and European, lose interest and instead prioritise other methods of engagement;
Amendment 149 #
2013/2185(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 154 #
2013/2185(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that, not least in the light of the new interparliamentary conferences on the CFSP/CSDP and economic and financial governance, COSAC should take on a more specialist role as, prim COSAC should take on a more active role, building on links achieved by national parliament liaison officers based in Brussels, to facilitate exchange of best practices and stronger cooperation between national parliaments, particularily, a forum for discussion of the state of the Unions they look to exercise their rights when examining compliance with the principle of subsidiarity;
Amendment 163 #
2013/2185(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes that the ‘political dialogue’ (set up under the Barroso Initiative in 2006) and the early warning mechanism are two sides of the same coin; notes the development of wide-ranging relations between national parliaments and the Commission and the establishment of ’enhanced political dialogue’ as part of the European semester for economic policy coordination; resolves to keep a close eye on relations between the Commission and national parliaments;
Amendment 165 #
2013/2185(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 176 #
2013/2185(INI)
Motion for a resolution
Paragraph 24 – point c
Paragraph 24 – point c
Amendment 185 #
2013/2185(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 190 #
2013/2185(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses that interparliamentary cooperation must seek at all times to bring the right people together at the right time to address the right issues in a meaningful way, in order to ensure that the decisions taken in the various areas of responsibility benefit from the ‘added value’ brought by real dialogue and proper debate;
Amendment 192 #
2013/2185(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 198 #
2013/2185(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Proposes that COSAC should also take a detailed look at difficulties experienced by national parliaments in exercising the prerogatives conferred on them by the Lisbon Treaty;
Amendment 204 #
2013/2185(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 33 #
2013/2174(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the Commission's efforts to raise awareness regarding disasters, but notemphasizes that natural and man-made disasters need different types of insurance and are covered by two different insurance markets, and therefore cannot be treated together even if there are cases of man- made decisions affecting a natural catastrophe risk;
Amendment 39 #
2013/2174(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages the Commission to guarantee easy access to scientific information, including through comparative statistics, and to publish clear and precise data to support decision- making by consumers when taking out natural catastrophe insurance; considers that the introduction of standard formats based on different classifications of events could be useful;
Amendment 44 #
2013/2174(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that natural catastrophes affect both private households and business activities, and encourages insurance companies to offer affordable coverage and. Invites Member States to propose economic incentives to encourage citizens to take out insurance to protect their property in case of damage; invites companies to deviseand incentives responding to insurance needs in terms of environmental liability, e.g. for enterprises in the gas or the nuclear sector;
Amendment 47 #
2013/2174(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. EncouragInvites insurance companies to simplclarify contracts for consumers and to provide information on preventive measures to facilitalternative options to ensure adequate consumers' choices;
Amendment 16 #
2013/2154(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that a large majority of SOLVIT clients are citizens; stresses the need to unleash the large potential of SOLVIT as a problem-solving tool for businesses; stresses that more needs to be done to make businesses more aware of SOLVIT, educate them about its possibilities and enable them to make better use of it; encourages SOLVIT centres across the Union to share information on best practice and resources with regards to implementation and promotion of services provided; welcomes the recent update of the Your Europe business portal as a positive step in that direction;
Amendment 20 #
2013/2154(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Members States to ensure that adequate budgetary and human resources are made available to maintain the SOLVIT network, with reference to the conditions on the organisation of SOLVIT centres set out in Commission recommendation of 17 September 2013;
Amendment 22 #
2013/2154(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the importance of maintaining the quality of the service offered by SOLVIT in spite of budgetary restrictions and limited human resources; stresses the importance of ensuring that SOLVIT centres have sufficient numbers of well- trained staff, with adequate legal expertise and knowledge of the relevant Union languages;
Amendment 25 #
2013/2154(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses the importance of quick solutions to problems which only require clarification of the Union law and adequate communication with applicants in complicated cases;
Amendment 35 #
2013/2154(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Encourages SOLVIT centres to engage proactively by taking initiatives on their own to create contacts with citizens and businesses and national Parliaments;
Amendment 41 #
2013/2154(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission to continue monitoring, within the annual report on the single market integration, the performance of the Union’s problem-solving mechanisms – in particular SOLVIT – as part of the Annual Growth Survey; reiterates, furthermore, its call on the Commission to strengthen single market governance by establishing a specific pillar of the European Semester, including dedicated country-specific recommendations;
Amendment 46 #
2013/2154(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Encourages the Commission and the Member States to make a clear difference between Your Europe and SOLVIT while coordinating their respective visibility campaigns;
Amendment 4 #
2013/2130(INI)
Motion for a resolution
Recital A
Recital A
A. whereas full use should be made of the deepening ofthe prospect of addressing the European Union’s lack of democratic legitimacy as provided by the Treaty of Lisbon, through the has failed so far, while the proposed procedure leading to the election of the President of the European Commission and to the investiture of the European Commission, thus conferring a new political dimension on the European elections throughoffers no further credibility to the European project; considers that the designation of candidates for that office by the European political parties and reconnectingwill have no substantive effect upon the engagement of citizens by enabling them also to cast their votes also for the person of their choice European elections, which will instead continue to be fought on a national basis according to domestic priorities;
Amendment 6 #
2013/2130(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the EPP will not have endorsed a candidate until March 7, 2014, the PES have endorsed the only choice put forward to their member delegations and the ALDE party have similarly quelled contrarian views by settling on a single candidate prior to a vote amongst their membership;
Amendment 12 #
2013/2130(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the elected President of the new Commission should make full use of the prerogatives conferred on him by the Treaty of Lisbon and take all appropriate steps to ensure the efficient functioning of the next Commission despite its size, which, due to the decisions of the European Council, will not diminish as envisaged in the Treaty of Lisbon;
Amendment 15 #
2013/2130(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Parliament’s role as an agenda setter in legislative matters needs to be strengthened and the principle that in legislative matters Parliament and Council act on an equal footing, which is enshrined in the Treaty of Lisbon, has to be fully implementrecognised;
Amendment 19 #
2013/2130(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the need to strengthen the Commission’s democratic legitimacy, independence and political role, by linking the voters’ choice more directly to the election of the Commission’s Presi and independentce;
Amendment 25 #
2013/2130(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Urges the next Convention to rethink the way in which the Commission’s President is electedchosen in order to reinforce the Commission’s democratic legitimacy, including the possibility of its direct election;
Amendment 31 #
2013/2130(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reaffirmgrets that all European political parties schould apposintg theiro select candidates for President of the Commission may not all have chosen them sufficiently in advance of the scheduled date for the European elections; further regrets that other such European political parties have chosen to anoint rather than elect their candidates of choice;
Amendment 33 #
2013/2130(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Expects candidates for President of the Commission to play a significantly more minor role in the campaign for the European elections, by distributing and promoting in all Member States the political programme of their than expected by some, in view of their limited profile in all Member States and of the lack of recognition of European political parties nationally;
Amendment 39 #
2013/2130(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Requests that some Members of the next Commission are chosen from amongMember States choose the best individual possible to serve as Members of the next Commission, irrespective of whether they are newly- elected Members of the European Parliament; invites the governments of the Member States to duly consider the votes of their fellow citizens when they propose personalities for appointment as members of the Eufurther suggests that merit rather than any other extraneous factor be the only criteria applied to the choosing of prospeanctive Commissioners;
Amendment 44 #
2013/2130(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 56 #
2013/2130(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that, under the Treaties in force, thone solution to be adopted may involve the establishment of a rotation system ofseries of clusters within the Commissioners, with portfolio andseveral Commissioners without portfolbeing part of such a structure which would be headed by an individual Vice-President of the Commission, thus ensuring relative stability in the number and content of the top-level policy portfolios and guaranteeing at the same time that the representation of the specificities and interests of all Member States is well balanced in the Commission’s decision-making process; believes that, within this framework, Commissioners without portfolio should fully participate in the decision-making process and could undertake representative duties for the Commission at European level;
Amendment 69 #
2013/2130(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that the drive for efficiency must not mean poorer quality of legislation or giving up Parliament’s own objectives; believes that on the contrary, measures to promote efficiency and effectiveness should result in legislation which is well- conceived and responds to clearly identified needs, providing demonstrable European added-value and respect for the principle of subsidiarity;
Amendment 76 #
2013/2130(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 81 #
2013/2130(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 84 #
2013/2130(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses the importance of the choice between delegated acts and implementing acts from the point of view of safeguarding the prerogatives of Parliamelegal certainty, and reiterates its request to the Commission and the Council to agree with Parliament on the definition ofa criteria for the application of Articles 290 and 291 TFEU , bearing in mind legal necessities rather than political desires in this area;
Amendment 89 #
2013/2130(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 48 #
2013/0410(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point a
Article 1 – paragraph 3 – point a
Regulation (EC) N0 515/97
Article 18 a – paragraph 1
Article 18 a – paragraph 1
1. Without prejudice to the competences of the Member States, for the purpose of risk management as set out in Article 4, points 25 and 26, and Article 13(2) of Regulation (EEC) No 2913/92, and with a view to assisting the authorities referred to in Article 29 to detect movements of goods that are the object of operations in potential breach of customs and agricultural legislation and means of transport, including containers, used for that purpose, the Commission shall establish and manage a directory of data received from public or private service providers active in the international supply chain. That directory shall be directly accessible to those authorities.
Amendment 57 #
2013/0410(COD)
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) No 515/97
Article 18 c – paragraph 1
Article 18 c – paragraph 1
Amendment 92 #
2013/0410(COD)
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) 515/97
Article 18 h – paragraph 1
Article 18 h – paragraph 1
1. The Commission may obtain directly from the economic operators documents supporting import andor export declarations, with respect to investigations related to the implementation of customs legislation as defined in Article 2(1). with either the explicit authorisation of a Member State or with the tacit authorisation specified in 18h (1b). The Commission shall notify all Member States likely to be involved in a subsequent enquiry of the request in parallel with the request being made. The Commission shall provide the Member State where the economic operator is established with a copy of the request in parallel with the request being made. The Commission shall provide a copy of the response from the economic operator to the Member State where the economic operator is established within one week of receipt of a response.
Amendment 95 #
2013/0410(COD)
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) No 515/97
Article 18 h – paragraph 1 a (new)
Article 18 h – paragraph 1 a (new)
1a. Following a request from the Commission to a Member State for documents supporting an import or export declaration, the Member State shall have four weeks within which to either: - answer the request and provide the requested documentation; - notify the Commission that the Member State has requested the documentation from the economic operator; - request, for operational reasons, a further two weeks to fulfil the request; or - decline the request, providing adequate reason.
Amendment 96 #
2013/0410(COD)
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) No 515/97
Article 18 h – paragraph 1 b(new)
Article 18 h – paragraph 1 b(new)
Amendment 124 #
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 by:
Amendment 144 #
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:
Amendment 155 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The use or disclosure of a trade secret shall also be considered unlawful whenever a person, at the time of use or disclosure, knew or should, under the circumstances, have known that the trade secret was obtained directly or indirectly from another person who was using or disclosing the trade secret unlawfully within the meaning of the paragraph 3.
Amendment 158 #
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 when the person carrying out such activities knew, or should, under the circumstances, have known that the trade secret was used unlawfully within the meaning of paragraph 3.
Amendment 165 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) observation, study, disassembly or test of a product or object that has been made available to the public or that it is lawfully in the possession of the acquirer of the information who is free from any legally valid duty to limit the acquisition of the trade secret;
Amendment 175 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The acquisition, use and disclosure of trade secrets shall be considered lawful to the extent that such acquisition, use or disclosure is required or allowed by Union or national law.
Amendment 195 #
2013/0402(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall ensure thatlay down the rules applicable to limitation periods for substantive claims or bringing actions for the application of the measures, procedures and remedies provided for in this Directive may be brought within at least one year but not more than two years after the date on which the applicant became aware, or had reason to become aware, of the last fact giving rise to the action. Those rules shall determine when the limitation period begins to run, the duration of the limitation period and the circumstances under which the limitation period is interrupted or suspended. The duration of the limitation period shall not exceed six years.
Amendment 217 #
2013/0402(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. When deciding on the granting or the rejection of the application referred to in paragraph 2 and assessing its proportionality, the competent judicial authorities shall take into account the need to ensure the rights to an effective remedy and to a fair trial, the legitimate interests of the parties and, where appropriate of third parties, and any potential harm for either of the parties, and where appropriate third parties, resulting from the granting or rejection of such application.
Amendment 225 #
2013/0402(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 226 #
2013/0402(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that in deciding on the granting or rejecting of the application and assessing its proportionality, the competent judicial authorities shall be required to take into account the specific circumstances of the case. This assessment shall include, where appropriate, value of the trade secret, the measures taken to protect the trade secret, or other specific features of the trade secret, the conduct of the respondent in acquiring, disclosing or using of the trade secret, the impact of the unlawful disclosure or use of the trade secret, the legitimate interests of the parties and the impact which the granting or rejection of the measures could have on the parties, the legitimate interests of third parties, the public interest and the safeguard of fundamental rights, including freedom of expression and information.
Amendment 245 #
2013/0402(COD)
Proposal for a directive
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
Amendment 249 #
2013/0402(COD)
Proposal for a directive
Article 11 – paragraph 2 – point e
Article 11 – paragraph 2 – point e
(e) the destruction of all or part of any document, object, material, substance or electronic file containing or implementing the trade secret or, where appropriate, the delivery up to the trade secret holderapplicant of all or part of those documents, objects, materials, substances and electronic files.
Amendment 253 #
2013/0402(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Member States shall ensure that, in considering a request for the adoption of the injunctions and corrective measures provided for in Article 11 and assessing their proportionality, the competent judicial authorities take into accountshall be required to take into account the specific circumstances of the case. This assessment shall include, where appropriate, the value of the trade secret, the measures taken to protect the trade secret, the conduct of the infringer in acquiring, disclosing or using of the trade secret, the impact of the unlawful disclosure or use of the trade secret, the legitimate interests of the parties and the impact which the granting or rejection of the measures could have on the parties, the legitimate interests of third parties, the public interest and the safeguard of fundamental rights, including freedom of expression and information.
Amendment 263 #
2013/0402(COD)
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1 – point a
Article 12 – paragraph 3 – subparagraph 1 – point a
(a) the person concerned originally acquired knowledge of the trade secret in good faith and fulfils the conditions of Article 3(4)at the time of use or disclosure neither knew nor had reason, under the circumstances, to know that the trade secret was obtained from another person who was disclosing the trade secret unlawfully;
Amendment 269 #
2013/0402(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 sufferedappropriate to the prejudice suffered as a result of the infringement. 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 of the employer when they act without intent.
Amendment 76 #
2013/0265(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 80 #
2013/0265(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) For the effective functioning of the limitations to the Honour All Cards Rule certain information is indispensable. First, pPayees should have the means to identify the different categories of cards. Therefore, the various categories should be identifiable visibly and electronically and for newly issued card based payment instruments also visibly on the device. Secondly, also the payer should be informed about the acceptance of his payment instrument(s) at a given point of sale. It is necessary that any limitation on the use of a given brand to be announced by the payee to the payer at the same time and under the same conditions as the information that a given brand is accepted.
Amendment 98 #
2013/0265(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
(b) cash withdrawals at automatic teller machines and cash disbursements at the counter of payment service providers' premises, and
Amendment 117 #
2013/0265(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘'debit card transaction’' means an card payment transaction includexecuted with prepaid cards linked to a current or deposit access account to which a transaction is debita debit card and debited on the payment account to which the card is linked in less than or 48 hours after the transaction has been authorised/initiatcleared.
Amendment 126 #
2013/0265(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘'credit card transaction’' means an card payment transaction where the transaction is settlexecuted with a credit card and debited on the payment account to which the card is linked more than 48 hours after the transaction has been authorised/initiatcleared;
Amendment 142 #
2013/0265(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘merchant service charge’ means a fee paid by the payee to the acquirer for each transaction comprising the interchange fee, the payment scheme and processing fee and the acquirer marginnabling the acceptance of card payments;
Amendment 149 #
2013/0265(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘card-based payment instrument’ means any payment instrument, including a card, mobile phone, computer or any other technological device containing the appropriate application, used by the payer to initiate a payment order which in not a credit transfer or a direct debit as defined by Article 2 of Regulation (EU) No 260/2012.transaction to be processed as a card payment ;
Amendment 150 #
2013/0265(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
Article 2 – paragraph 1 – point 17 a (new)
Amendment 156 #
2013/0265(COD)
Proposal for a regulation
Article 3
Article 3
Amendment 203 #
2013/0265(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. With effect from twoone years after the entry into force of this Regulation, payment service providers shall not offer or request a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0,2[XX] % of the value of the transaction for any debit card based transactions.
Amendment 221 #
2013/0265(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. With effect from twoone years after the entry into force of this Regulation, payment service providers shall not offer or request a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0,3[XX] % of the value of the transaction for any credit card based transactions.
Amendment 242 #
2013/0265(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Payment card schemes and processing entactivities shall be independent in terms of legal form, organisation and decision making. They shall not discriminate in any way between their subsidiaries or shareholders on the one hand and usersseparated. Payment card schemes offering processing services shall not make the provision of any service they offer conditional in any way ofn these schemes and o acceptance by their contractual partners ony of any other service they other hand and shall not in particular makeffer. They shall not present their provision of any service they offer conditional in any way on the acceptance by their contractual party of any other service they offerices for payment card scheme and processing activities in a bundled manner, and shall not operate cross-subsidies between those activities.
Amendment 245 #
2013/0265(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Payment card schemrocessing entities shall allow for the possibility that authorisation and clearing messages of single card transactions be separated and processed by different processing entities.
Amendment 247 #
2013/0265(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Any territorial discrimination in processing rules operated by payment card schemrocessing entities shall be prohibited.
Amendment 249 #
2013/0265(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. PBy ...* [one year after the entry into force of this Regulation] processing entities within the Union shall ensure that their system is technically interoperable with other systems of processing entities within the Union through the use of standards developed by international or European standardisation bodies. In addition, processing entities shall not adopt or apply business rules that restrict interoperability with other processing entities within the Union.
Amendment 252 #
2013/0265(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Amendment 253 #
2013/0265(COD)
Proposal for a regulation
Article 8
Article 8
Amendment 279 #
2013/0265(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Amendment 280 #
2013/0265(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 285 #
2013/0265(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 288 #
2013/0265(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 294 #
2013/0265(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. IBy ...* [one year after the entry into force of this Regulation] issuing payment service providers shall ensure that their payment instruments are visibelectronically, and electronicaltheir newly issued card-based payment instruments also visibly identifiable, enabling payees to identify unequivocally which brands and categories of prepaid, debit, credit or commercial cards or card based payments based on these are chosen by the payer.
Amendment 311 #
2013/0265(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 317 #
2013/0265(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
This Regulation shall enter into force on the twentieth daythree months following thate day of its publication in the Official Journal of the European Union.
Amendment 131 #
2013/0264(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In addition to the general measures to be taken at Member States’ level in Directive [pls insert number of NIS Directive after adoption], the security risks related to payment transactions should also be addressed at the level of the payment service providers. The security measures to be taken by the payment service providers need to be proportionate to the security risks concerned. A regular reporting mechanism should be established, so as to ensure payment services should provide the competent authorities on an annual regular basis with updated information on the assessment of their security risks and the (additional) measures that they have taken in response to these risks. Furthermore, in order to ensure that damages to other payment service providers and payment systems, such as a substantial disruption of a payment system and to users is kept to a minimum, it is essential that payment service providers have the obligation to report withinout undue delay major security incidents to the European Banking Authority.
Amendment 136 #
2013/0264(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 143 #
2013/0264(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Feedback from the market shows that the payment activities covered by the limited network exception often comprise massive payment volumes and values and offer to consumers hundreds or thousands of different products and services, which does not fit the purpose of the limited network exemption as provided for in Directive 2007/64/EC. That implies greater risks and no legal protection for payment service users, in particular for consumers and clear disadvantages for regulated market actors. A more precise description of a limited network, in line with Directive 2009/110/EC, is necessary in order to limit those risks. A payment instrument should thus be considered to be used within such a limited network if it can be used only either for the purchase of goods and services infrom a specific storeprovider or chain of storeproviders, or for a limited range of goods or services, regardless of the geographical location of the point of sale. Such instruments could include the following, including their virtual equivalent: store cards, petrol cards, membership cards, public transport cards, ticketing, meal vouchers or vouchers for specific services, which are sometimes subject to a specific tax or labour legal framework designed to promote the use of such instruments to meet the objectives laid down in social legislation. Where such a specific-purpose instrument develops into a general purpose instrument, the exemption from the scope of this Directive should no longer apply. Instruments which can be used for purchases in stores of listed merchants should not be exempted from the scope of this Directive as such instruments are typically designed for a network of service providers which is continuously growing. The exemption should apply in combination with the obligation of potential payment service providers to notify activities falling within the scope of the definition of a limited network.
Amendment 148 #
2013/0264(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Directive 2007/64/EC exempts from its scope certain payment transactions by means of telecom or information technology devices where the network operator not only acts as an intermediary for the delivery of digital goods and services through the device in question, but also adds value to these goods or services. In particular, this exemption allows for so called operator billing or direct to phone- bill purchases which, starting with ringing tones and premium SMS-services, contributes to the development of new business models based on low-value sale of digital content. Feedback from the market shows no evidence that this payment method, trusted by consumers as convenient for low threshold payments, has developed into a general payment intermediation service. However, due to the ambiguous wording of the current exemption, this rule has been implemented differently in Member States. This translates into lack of legal certainty for operators and consumers and has occasionally allowed other payment intermediation services to claim eligibility for the exemption of the application of Directive 2007/64/EC. It is therefore appropriate to narrow down the scope of the exemption in that Directive. The exemption should focus specifically on micro-payments for digital content, such asgoods and services, such as, for instance, ringtones, wallpapers, music, games, videos, or applications. The exemption should only apply to payment services when provided as ancillary services to electronic communications services (i.e. the payment service is an additional service offered by the provider of an electronic communications network or service, or its affiliate and does not constitute the core business of the operator concerned).
Amendment 152 #
2013/0264(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Service providers seeking to benefit from an exemption under Directive 2007/64/EC often do not consult authorities on whether their activities are covered or exempted under that Directive but rely on their own assessments. It appears that some exemptions may have been used by payment service providers to redesign business models so that the payment activities offered would be outside the scope of that Directive. This may result in increased risks for payment service users and diverging conditions for payment service providers in the internal market. Service providers should therefore be obliged to notify certain activities to the competent authorities in particular in relation to the limited networks exemption in Article 3 (k), to ensure a homogenous interpretation of the rules throughout the internal market.
Amendment 155 #
2013/0264(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Since the adoption of Directive 2007/64/EC new types of payment services have emerged, especially in the area of internet payments. In particular, third party payment service providers (hereinafter ‘TPPs’) have evolved, offering so-calledonline payment initiation services to consumers and merchants, often without entering into the possession of the funds to be transferred. Those services facilitate the e-commerce payments by establishing a software bridge between the website of e TPPs offer an alternative to card payments for bothe merchants and the online banking platform of the consumer in order to initiate internet payments on the basis of credit transfers or direct debits. The TPPs offer a low-cost alternative to card payments for both merchants and consumers and provide consumers a possibility to shop online even if they do not possess credit cardconsumers and provide consumers a possibility to shop online even if they do not possess payment cards. TPPs also represent important security challenges to the safeguarding of the integrity of payments and personal data made available to them by payers. However, as TPPs are currently not subject to Directive 2007/64/EC, they are not necessarily supervised by a competent authority and do not follow the requirements of Directive 2007/64/EC. This raises a series of legal issues, such as consumer protection, security and liability as well as competition and data protection issues. The new rules should therefore respond to those issueaddress all those challenges appropriately and ensure that TPPs operating in the Union are authorised or registered and supervised as payment institutions.
Amendment 167 #
2013/0264(COD)
Proposal for a directive
Recital 32
Recital 32
(32) While this Directive specifies the minimum set of powers competent authorities should have when supervising the compliance of payment institutions, these powers are to be exercised with respect to fundamental rights, including the right to privacy. For the exercise of those powers which may amount to serious interferences with the right to respect private and family life, home and communications, Member States should have in place adequate and effective safeguards against any abuse or arbitrariness, for instance, where appropriate through prior authorisation from the judicial authority of the Member State concerned.
Amendment 187 #
2013/0264(COD)
Proposal for a directive
Recital 52
Recital 52
(52) Rights and obligations of the payment service users and payment service providers should be appropriately adjusted to take account of the TPP involvement in the transaction whenever the payment initiation service is used. Specifically, a balanced liability repartition between the payment service provider servicing the account and the TPP involved in the transaction should compel them to take responsibility for the respective parts of the transaction that are under their control and clearly point to the responsible party in case of incidents. In case of fraud or dispute, tThe TPP should be under a specificthe obligation to provide the payer and the account servicing payment service provider with the reference of the transactions and the information of the authorisation relating to theall transaction concerneds.
Amendment 191 #
2013/0264(COD)
Proposal for a directive
Recital 54
Recital 54
(54) In the case of unauthorized payment transactions the payer should be refunded immediately the amount of the respective transaction. In order to prevent the payer from any disadvantages, the credit value date of the refund should not be later than the date when the respective amount has been debited. In order to provide an incentive for the payment service user to notify, without undue delay, the provider of any theft or loss of a payment instrument and thus to reduce the risk of unauthorised payment transactions, the user should be liable only for a very limited amount, unless the payment service user has acted fraudulently or with gross negligence. In this context an amount of EUR 50100, or national currency equivalent as determined by non-euro Member States, seems to be adequate in order to ensure a harmonized and a high level user protection within the Union. Moreover, once users have notified a payment service provider that their payment instrument may have been compromised, the users should not be required to cover any further losses stemming from unauthorised use of that instrument. This Directive should be without prejudice to the payment service providers’ responsibility for technical security of their own products.
Amendment 206 #
2013/0264(COD)
Proposal for a directive
Recital 68
Recital 68
(68) The payer’s payment service provider, being the account servicing payment service provider or, where involved, the TPP, should assume liability for correct payment execution, including, in particular the full amount of the payment transaction and execution time, and full responsibility for any failure by other parties in the payment chain up to the account of the payee. As a result of that liability the payment service provider of the payer should, where the full amount is not or only late credited to the payee’s payment service provider, correct the payment transaction or without undue delay refund to the payer the relevant amount of that transaction, without prejudice to any other claims which may be made in accordance with national law. Due to the payment service provider’s liability, the payer or payee should not be burdened with any costs related to the incorrect payment. In case of non-execution, defective or late execution of payment transactions, Member States should ensure that the value date of corrective payments of payment service providers is always the same as the value date in case of correct execution.
Amendment 215 #
2013/0264(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to payment services provided within the Union,. However, with the exception of Article 78, Titles III and IV shall apply only where both the payer’s payment service provider and the payee’s payment service provider are, or the sole payment service provider in the payment transaction is, located therein. Article 78 and Title III shall also apply to payment transactions where only one of the payment service providers is located within the Union, in respect to those parts of the payments transaction which are carried out in the Union.
Amendment 217 #
2013/0264(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Titles III shall apply to payment services in any currency. Titleand IV shall apply to payment services made in euro or the currency of a Member State outside the euro area.
Amendment 221 #
2013/0264(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) payment transactions consisting of the non-professional cash collection and delivery or its virtual equivalent within the framework of a non- profit or charitable activity;
Amendment 226 #
2013/0264(COD)
Proposal for a directive
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) services provided by technical service providers, which support the provision of payment services, without them entering at any time into possession of the funds to be transferred, including processing and storage of data, trust and privacy protection services, data and entity authentication, information technology (IT) and communication network and secure channels provision, provision and maintenance of terminals and device, devices and applications used for payment services, with the exclusion ofexcept where they also involve payment initiation services and account information services;
Amendment 231 #
2013/0264(COD)
Proposal for a directive
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) services based on specific instruments that are designed to address precise needs that can be used only in a limited way, because they allow the specific instrument holder to acquire goods or services only in in the premises of the issuer or within a limited network of service providers under direct commercial agreement with a professionaln issuer or because they can be used only to acquire a limited range of goods or services;
Amendment 235 #
2013/0264(COD)
Proposal for a directive
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) payment transactions carried out by a provider of electronic communication networks or services that are ancillary to the core business of the provider, where the transaction is provided for a subscriber to the network or service and for the purchase of digital content as ancillary services to electronic communicationsgoods or services, regardless of the device used for the purchase or consumption of the contentgood or service, provided that the value of any single payment transaction does not exceed EUR 50 and[XXX] and either: - the cumulative value of payment transactions does not exceed EUR 200[XXX] in any billing month or - where a subscriber pre-funds their account with the provider of electronic communication services, the cumulative value of payment transactions does not exceed EUR [XXX] in any billing month;
Amendment 245 #
2013/0264(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 11
Article 4 – paragraph 1 – point 11
11. ‘third party payment service provider’ means a payment service provider pursuing business activities referred to in point 7 of Annex I. The third party payment provider shall not be considered a payment service user when acting on behalf of a payment user;
Amendment 246 #
2013/0264(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 18
Article 4 – paragraph 1 – point 18
18. ‘payment order’ means any instruction by a payer or payee to his payment servicethe account servicing payment service provider whether initiated directly or via a third party payment provider requesting the execution of a payment transaction;
Amendment 250 #
2013/0264(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 21
Article 4 – paragraph 1 – point 21
21. ‘authentication’ means a procedure which allows the payment service provider to verify the identity of a uservalidity of a specific payment instrument, including the use of its personalised security featurecredentials or the checking of personalised identity documents;
Amendment 253 #
2013/0264(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 22
Article 4 – paragraph 1 – point 22
22. ‘strong customer authentication’ means a procedure forto verify the validation of the identification of a natural or legal personity of a payment instrument based on the use of two or more elements categorised as knowledge, possession and inherence of the holder that are independent, in that the breach of one does not compromise the reliability of the others and is designed in such a way as to protect the confidentiality of the authentication data. This definition shall be in line with the ECB Eurosystem’s recommendations for the security of internet payments under the ‘SecuRePay’ forum.
Amendment 263 #
2013/0264(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 32
Article 4 – paragraph 1 – point 32
32. ‘payment initiation service’ means a payment service enabling access to a payment account provided by a third party payment service providservice based on a funds check by a third party payment service provider upon request and express consent by the payer, where the payer can beis actively involved in the payment initiation, either directly or therough third party payment service provider’s software, or where payment instruments can be used by the payer or the payee to transmit the payer’s credentials to the account servicing payment service provider;
Amendment 270 #
2013/0264(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 33
Article 4 – paragraph 1 – point 33
33. ‘account information service’ means a payment service where consolidated and user-friendlyaggregated information is provided to aat the request of the payment service user on the current balance of one or several payment accounts held by the payment service user with one or several account servicing payment service providers;
Amendment 274 #
2013/0264(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 38 a (new)
Article 4 – paragraph 1 – point 38 a (new)
38a. ‘personalised security credentials’ means the information – generally confidential – provided by a customer or PSP for the purposes of authentication. Credentials can also mean the physical tool containing the information (e.g. one- time-password generator, smart card), or something the user memorises or represents (such as biometric characteristics);
Amendment 280 #
2013/0264(COD)
Proposal for a directive
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) a description of the process in place to monitor, track and restrict access to sensitive payment data, and logical and physical critical resources;
Amendment 281 #
2013/0264(COD)
Proposal for a directive
Article 5 – paragraph 1 – point k
Article 5 – paragraph 1 – point k
(k) a description of the internal control mechanisms which the applicant has established in order to comply wifor payment institutions subject to the obligations in relation to money laundering and terrorist financing under Directive 2005/60/EC of the European Parliament and of the Council45 and Regulation (EC) No 1781/2006 of the European Parliament and of the Council a description of the internal control mechanisms which the applicant has established in order to comply with those obligations46; __________________ 45 Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p.15) 46 Regulation (EC) No 1781/2006 of the European Parliament and of the Council of 15 November 2006 on information on the payer accompanying transfers of funds (OJ L 345, 8.12.2006, p.1).
Amendment 285 #
2013/0264(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. The Member States or competent authorities shall require a payment institution which provides any payment services and, insofar as it at the same time is engaged in other business activities referred tolisted in Annex 1 including those listed in Article 17(1)(c) to safeguard all funds which have been received from the payment service users or through another payment service provider for the execution of payment transactions, in either of the following ways:
Amendment 290 #
2013/0264(COD)
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. The competent authorities may withdraw an authorisation issued to a payment institution only where the institution falls within the following cases:
Amendment 291 #
2013/0264(COD)
Proposal for a directive
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) would constitute a threat to the stability of or the trust in the payment system by continuing its payment services business; or
Amendment 293 #
2013/0264(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. When payment institutions engage in the provision of one or more of the payment services, they may hold only payment accounts and safeguarding accounts used exclusively for payment transactions. Member States shall ensure that access to those payment accounts is proportionate. For payment institutions and their agents to be able to provide payment services, they require access to payment accounts. Member States shall ensure that the rules on access of payment institutions to payment and safeguarding accounts shall be objective, non-discriminatory and proportionate and that those rules do not inhibit access more than is necessary to protect against specific risks such as the risk of the conditions established by Chapter II of Directive 2005/60 not being satisfied.
Amendment 306 #
2013/0264(COD)
Proposal for a directive
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1a. The natural or legal person does not intend to provide the services listed under point 7 of Annex 1
Amendment 313 #
2013/0264(COD)
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1
Article 30 – paragraph 2 – subparagraph 1
Member States shall require that, before taking up an activity referred to in Article 3(k) for which the voalume of payment transactions calculated in accordance with Article 27(1)(a) exceeds the threshold referred to therein, service providers notify their intention to the competent authorities and submit a request for recognition as a limited network.
Amendment 324 #
2013/0264(COD)
Proposal for a directive
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
(a) a confirmation of the successful initiation of the payment order with the payer’s account servicing payment service provider;
Amendment 325 #
2013/0264(COD)
Proposal for a directive
Article 39 – paragraph 1 – point d
Article 39 – paragraph 1 – point d
(d) where applicable, the amount of any charges for the payment transaction and, where applicable, a breakdown thereofpayable to the third party payment provider for the payment transaction, such charges to be individually itemised.
Amendment 327 #
2013/0264(COD)
Proposal for a directive
Article 39 – paragraph 1 a (new)
Article 39 – paragraph 1 a (new)
In line with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the consent of the payer should be required to make these data available to the payee.
Amendment 329 #
2013/0264(COD)
Proposal for a directive
Article 40
Article 40
Where a payment order is initiated by the third party payment service provider’s own system, it shall in case of fraud or dispute, it shall make available to the payer and the account servicing payment service provider the reference of the transactions and the authorisation information.
Amendment 337 #
2013/0264(COD)
Proposal for a directive
Article 45 – paragraph 1 – point 6 – point a
Article 45 – paragraph 1 – point 6 – point a
(a) if agreed, information that the payment service user will be deemed to have accepted changes in the conditions in accordance with Article 47, unless he notifies the payment service provider that he does not accept them before the date of their proposed date of entry into force, such notification being ineffective where the change is clearly and unambiguously more favourable to payment service users;
Amendment 367 #
2013/0264(COD)
Proposal for a directive
Article 55 – paragraph 3
Article 55 – paragraph 3
3. The payment service provider shall not prevent the payee from requesting from the payer a charge, offering him a reduction or otherwise steering him towards the use of a given payment instrument. Aelectronic or non-electronic payment instrument. However, where Article 19 of Directive 2011/83/EU of the European Parliament and the Council of 25 October 2011 does not apply any charges applied shall, however, not exceed the costs borne by the payee for the use the specific payment instrument.
Amendment 382 #
2013/0264(COD)
Proposal for a directive
Article 57 – paragraph 2 – subparagraph 1
Article 57 – paragraph 2 – subparagraph 1
Consent to execute a payment transaction or a series of payment transactions shall be given in the form agreed between the payer and the payment service provider. Consent may also be given directly or indirectly via the payee. Consent to execute a payment transaction shall also be considered given where the payer authorises a third party payment service provider to initiate the payment transaction with the account servicing payment service provider.
Amendment 390 #
2013/0264(COD)
Proposal for a directive
Article 58 – paragraph 1
Article 58 – paragraph 1
1. Member States shall ensure that a payer has the right to make use of a, provided that he holds a payment account that can be accessed via online banking, has the right to make use of an authorised third party payment service provider, pursuant an agreement between the payer and the third party payment service provider to obtain payment services enabling access to payment accounts as referred to in point (7) of Annex I.
Amendment 405 #
2013/0264(COD)
Proposal for a directive
Article 58 – paragraph 2 – point b
Article 58 – paragraph 2 – point b
(b) to authenticate itself in an unequivocal manner towards the account servicing payment service provider(s) of the account owner according to agreed procedures and standards.
Amendment 407 #
2013/0264(COD)
Proposal for a directive
Article 58 – paragraph 2 – point c
Article 58 – paragraph 2 – point c
(c) not to store sensitive payment data or personalised security credentials of the payment service user for the purposes of this provision.
Amendment 412 #
2013/0264(COD)
Proposal for a directive
Article 58 – paragraph 2 a (new)
Article 58 – paragraph 2 a (new)
2a. EBA shall, in close cooperation with the ECB and the European Retail Payments Board (ERPB), develop the procedures and standards referred to in Art. 58.2(b) to be complied with for the secure authentication of third party payment service providers, the communications between the third party payment service provider and the account servicing provider, and the transmission to the account service payment service provider of the consent of the payer.
Amendment 417 #
2013/0264(COD)
Proposal for a directive
Article 58 – paragraph 4
Article 58 – paragraph 4
4. Account servicing payment service providers shall treat payment orders transmitted through the services of a third party payment service provider without any discrimination for other than objective reasons, in particular in terms of timing and priority vis- à-vis payment orders transmitted directly by the payer himself. This is without prejudice to controls to be performed by account servicing payment service providers objectively justified by the particularities of these transactions.
Amendment 423 #
2013/0264(COD)
Proposal for a directive
Article 59
Article 59
Access to and use of payment account information by third party payment instrument issuers 1. Member States shall ensure that a payer has the right to make use of a third party payment instrument issuer to obtain payment card services. 2. If the payer has given consent to a third party payment instrument issuer which has provided the payer with a payment instrument to obtain information on the availability of sufficient funds for a specified payment transaction on a specified payment account held by the payer, the account servicing payment service provider of the specified payment account shall provide such information to the third party payment instrument issuer immediately upon receipt of the payer's payment order. 3. Account servicing payment service providers shall treat payment orders transmitted through the services of a third party payment instrument issuer without any discrimination for other than objective reasons in terms of timing and priority in respect of payment orders transmitted directly by the payer personally.rticle 59 deleted
Amendment 441 #
2013/0264(COD)
Proposal for a directive
Article 63 – paragraph 1
Article 63 – paragraph 1
1. The payment service user shall obtain rectification from the account servicing, or, if involved, the third party payment service provider only if he notifies the payment service provider without undue delay on becoming aware of any unauthorised or incorrectly executed payment transactions giving rise to a claim, including that under Article 80, and no later than 13 months after the debit date, unless, where applicable, the payment service provider has failed to provide or make available the information on that payment transaction in accordance with Title III.
Amendment 442 #
2013/0264(COD)
Proposal for a directive
Article 63 – paragraph 2
Article 63 – paragraph 2
Amendment 447 #
2013/0264(COD)
Proposal for a directive
Article 64 – paragraph 1 – subparagraph 1
Article 64 – paragraph 1 – subparagraph 1
Member States shall require that, where a payment service user denies having authorised an executed payment transaction or claims that the payment transaction was not correctly executed, it is for the payment service provider and, if involved and as appropriate, the third party payment service provider, to prove that the payment transaction was authenticated, accurately recorded, entered in the accounts and not affected by a technical breakdown or some other deficiency.
Amendment 458 #
2013/0264(COD)
Proposal for a directive
Article 65 – paragraph 1
Article 65 – paragraph 1
1. Member States shall ensure that, without prejudice to Article 63, in the case of an unauthorised payment transaction, the payer's payment service provider refunds to the payer immediatwithout undue delay the amount of the unauthorised payment transaction and, where applicable, restores the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place. This shall also ensure that the credit value date for the payer's payment account shall be no later than the date the amount had been debited.
Amendment 462 #
2013/0264(COD)
Proposal for a directive
Article 65 – paragraph 2
Article 65 – paragraph 2
2. Where the unauthorised payment transaction is originated by a payment order transmitted by a third party payment service provider is involved, the account servicing payment service provider shall inform the payer accordingly and the third party payment provider shall without undue delay refund the amount of the unauthorised payment transaction and, where applicable, restore the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place. Financial compensation to the account servicing payment service provider by the third party payment service provider may be applicable.
Amendment 467 #
2013/0264(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1
Article 66 – paragraph 1 – subparagraph 1
By way of derogation from Article 65 the payer may be obliged to bear the losses relating to any unauthorised payment transactions, up to a maximum of EUR 50100 or national currency equivalent as determined by non-Euro Member States, resulting from the use of a lost or stolen payment instrument or from the misappropriation of a payment instrument.
Amendment 495 #
2013/0264(COD)
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 4
Article 67 – paragraph 1 – subparagraph 4
For direct debits the payer has an unconditional right for refund within the time limits set in Article 68, except where the payee has already fulfilled the contractual obligations and the services have. The payment service provider and the payment service user may algready been receivede on an exclusion orf the goods have already been consumed by the payer. At the payment service provider's request, the payee shall bear the burden to prove that the conditions referred to in the third subparagraphrefund right provided that the absence of the refund right is clearly mentioned in a specific mandate under a payment scheme which does not provide for the right to a refund.
Amendment 502 #
2013/0264(COD)
Proposal for a directive
Article 68 – paragraph 1
Article 68 – paragraph 1
1. Member States shall ensure that the payer can request the refund referred to in Article 67 of an authorised payment transaction initiated by or through a payee for a period of at least eight weeks from the date on which the funds were debited.
Amendment 512 #
2013/0264(COD)
Proposal for a directive
Article 73 – paragraph 2
Article 73 – paragraph 2
2. This Section shall apply to other payment transactions, unless otherwise agreed between the payment service user and the payment service provider, with the exception of Article 78, which is not at the disposal of the parties. However, when the payment service user and the payment service provider agree on a longer period than those laid down in Article 74, for intra-Union payment transactions such period shall not exceed 4 business days, or such time as permitted by other legal obligations covered by national and Union law, following the point in time of receipt in accordance with Article 69.
Amendment 514 #
2013/0264(COD)
Proposal for a directive
Article 74 – paragraph 1
Article 74 – paragraph 1
1. Member States shall require the payer's payment service provider to ensure that, after the point in time of receipt in accordance with Article 69, the amount of the payment transaction is credited to the payee's payment service provider's account at the latest by the end of the next business day. Theseis periods may be extended by a further business day for paper-initiated payment transactions.
Amendment 528 #
2013/0264(COD)
Proposal for a directive
Article 84 – paragraph 1
Article 84 – paragraph 1
Amendment 535 #
2013/0264(COD)
Proposal for a directive
Article 85 – paragraph 1
Article 85 – paragraph 1
1. Payment service providers are subject to Directive [NIS Directive] [OP please insert number of Directive once adopted] and notably to the risk management and incident reporting requirements in Articles 14 and 15 thereinshall establish a framework with appropriate mitigation measures and control mechanisms to manage the operational risks, including security risks, relating to the payment services they provide. As part of that framework payment service providers shall establish and maintain effective incident management procedures, including the classification of major incidents.
Amendment 536 #
2013/0264(COD)
Proposal for a directive
Article 85 – paragraph 2
Article 85 – paragraph 2
2. The authority designated under ArtPayment servicle 6(1) of Directive [NIS Directive] [OP please insert number of Directive once adopted] shall without undue delay inform the competent authority in the home Member State and EBA of the notifications of NIS incidents received fromproviders shall without undue delay notify any major operational incident, including security incidents, to the competent authority in the home Member State of the payment services providers.
Amendment 537 #
2013/0264(COD)
Proposal for a directive
Article 85 – paragraph 2 a (new)
Article 85 – paragraph 2 a (new)
2a. Upon the receipt of the notification, the competent authority in the home Member State shall assess the relevance of the incident for competent authorities of other Member States, and, based on that assessment, shall share the relevant details (if any) of the incident notification with EBA and the ECB.
Amendment 546 #
2013/0264(COD)
Proposal for a directive
Article 85 a (new)
Article 85 a (new)
Article 85a Upon the receipt of the notification, the competent authority in the home Member State shall assess the relevance of the incident for competent authorities of other Member States, and, based on that assessment, shall share the relevant details (if any) of the incident notification with EBA and the ECB.
Amendment 547 #
2013/0264(COD)
Proposal for a directive
Article 86 – paragraph 1
Article 86 – paragraph 1
1. Member States shall ensure that payment service providers provide to the authority designated under Article 6(1) of Directive [NIS Directive] [OP please insert number of Directive once adopted]competent authority on a yearly basis updated information of the assessment of the operational and security risks associated with the payment services they provide and on the adequacy of the mitigation measures and control mechanisms implemented in response to these risks. The authority designated under Article 6(1) of Directive [NIS Directive] [OP please insert number of Directive once adopted] shall without undue delay transmit a copy of this information to the competent authority in the home Member State.
Amendment 549 #
2013/0264(COD)
Proposal for a directive
Article 86 – paragraph 2
Article 86 – paragraph 2
2. Without prejudice to Articles 14 and 15 of Directive [NIS Directive] [OP please insert number of Directive once adopted], EBA shall, in close cooperation with the ECB, develop guidelines with regard to the establishment, implementation and monitoring of the security measures, including certification processes when relevant. It shall, inter alia, take into account the standards and/or specifications published by the Commission under Article 16(2) of Directive [NIS Directive] [OP please insert number of Directive once adopted] as well as the ECB Eurosystem's recommendations for the security of internet payments under the "SecuRePay" forum.
Amendment 554 #
2013/0264(COD)
Proposal for a directive
Article 86 – paragraph 4
Article 86 – paragraph 4
4. Without prejudice to Articles 14 and 15 of Directive [NIS Directive] [OP please insert number of Directive once adopted], EBA shall issue guidelines to facilitate payment service providers in qualifying major incidents and the circumstances under which a payment institution is required to notify a security incident. Those guidelines shall be issued by (insert date - two years of the date of entry into force of this Directive)EBA shall coordinate the sharing of information in the area of operational and security risks associated with payment services with the competent authorities the ECB, the competent authorities under the [NIS] Directive and, where relevant, with ENISA.
Amendment 558 #
2013/0264(COD)
Proposal for a directive
Article 87 – paragraph 1
Article 87 – paragraph 1
1. Member States shall ensure that a payment service provider applies strong customer authentication when the payer initiates an electronic payment transaction unless EBA guidelines allow specific exemptions based on the risk involved in the provided payment service. This also applies to a third party payment service provider when initiating a payment transaction on behalf of the payer. The account servicing payment service provider shall allow the third party payment service provider to rely on the authentication methods of the former when acting on behalf of the payment service user.
Amendment 562 #
2013/0264(COD)
Proposal for a directive
Article 87 – paragraph 3
Article 87 – paragraph 3
3. EBA shall, in close cooperation with the ECB, in particular with respect to the ECB Eurosystem's recommendations for the security of internet payments under the "SecuRePay" forum, issue guidelines addressed to payment service providers as set out in Article 1(1) of this Directive in accordance with Article 16 of Regulation (EU) No 1093/2010 on state of the art customer authentication and any exemption to the use of strong customer authentication. Those guidelines shall be issued by (insert date - two years from the date of entry into force of this Directive) and be updated on a regular basis as appropriate.
Amendment 566 #
2013/0264(COD)
Proposal for a directive
Article 88 – paragraph 1
Article 88 – paragraph 1
1. Member States shall ensure that procedures are set up which allow payment service users and other interested parties, including consumer associations, to submit complaints to the competent authorities or ADR authorities with regard to payment service providers' alleged infringements of this Directive.
Amendment 571 #
2013/0264(COD)
Proposal for a directive
Article 90 – paragraph 4
Article 90 – paragraph 4
4. The information referred to in paragraph 23 shall be mentioned in an easily, directly, prominently and permanently accessible way on the website of the payment service provider, where one exists, in the general terms and conditions of the contract between the payment service provider and the payment service user and in invoices and receipts relating to such contracts. It shall specify how further information on the out-of-court redress entity concerned and on the conditions for using it can be accessed clear, comprehensible and easily accessible way on the trader's website, where one exists and if applicable in the general terms and conditions of the contract of sales or service contracts between the trader and a consumer.
Amendment 73 #
2013/0110(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) In addition to non-financial disclosures encouraged at European level, international efforts to improve transparency in financial reporting have been noted. Country by country reporting has been legislated for in the extractives sector by both the EU and the US, while within the context of the G8 and G20, which includes 4 EU Member States and involves the European Commission, the OECD has been asked to draw up a standardised reporting template for multinationals to report to tax authorities where they make their profits and pay taxes around the world. Such developments complement the proposals contained in this Directive, as appropriate measures for their respective purposes and levels, be they national, pan- European or international in scale and possible risk.
Amendment 79 #
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 240 million or a net turnover of EUR 480 million.
Amendment 107 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 1
Article 46 – paragraph 1 – point b – subparagraph 1
(b) For listed companies whose average number of employees during the financial year exceeds 500 and, on their balance sheet dates, exceed either a balance sheet total of EUR 240 million or a net turnover of EUR 480 million, the review shall also include a non-financial statement containing information relating to at least environmental, social and employee matters, respect for human rights, anti- corruption and bribery matters, including:
Amendment 121 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 2
Article 46 – paragraph 1 – point b – subparagraph 2
Where a company does not pursue policies in relation toreport on one or more of these matters, it shall provide an explanation for not doing so.
Amendment 143 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 3 a – point a (new)
Article 1 – point 3 a – point a (new)
Directive 2013/34/EU
Article 19 – Paragraph 4 a (new)
Article 19 – Paragraph 4 a (new)
(3a) Article 19 is amended as follows: (a) The following paragraph is inserted: 4a. Nothing in this article requires the disclosure of information about impending developments or matters in the course of negotiation if the disclosure would, in the opinion of the directors, be seriously prejudicial to the interests of the company.
Amendment 151 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 3 a – point a (new)
Article 1 – point 3 a – point a (new)
Directive 2013/34/EU
Article 29 – Paragraph 3 a (new)
Article 29 – Paragraph 3 a (new)
(3a) Article 29 is amended as follows: (a) the following paragraph is inserted: (3a) The review shall also include a non- financial statement containing information relating to matters which are material for an understanding of the company's development, performance or position. This shall cover environmental, social and employee matters, respect for human rights, anti-corruption and bribery matters, including: (a) a description of the policy pursued by the group in relation to these matters; (b) the results of these policies; (c) the risks related to these matters and how the group manages those risks; (d) a description of the group's due diligence policy for its administrative, management and supervisory bodies with regard to its supply chains and sub- contractors at least in the areas relating to environmental, social and employee matters, respect for human rights, anti- corruption and bribery. The description should also include the objectives of this due diligence policy, how it has been implemented and the results in the reporting period. Where the undertakings included in the consolidation taken as a whole do not report on one or more of these matters, the company shall provide an explanation for not doing so. In providing such information the consolidated annual report may rely on national, EU-based or international frameworks and if so, shall specify which frameworks it has relied upon.'
Amendment 77 #
2013/0049(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Despite the development of sector- specific Union harmonisation legislation that addresses safety aspects of specific products or categories of products, it is practically impossible to adopt Union legislation for all consumer products that exist or may be developed. There is therefore still a need for a legislative framework of a horizontal nature to fill gaps and ensure consumer protection not otherwise ensuredcover gaps, in particular with a view to achieving a high level of protection of safety and health of consumers, as required by Article 114 and Article 169 of the TFEU.
Amendment 81 #
2013/0049(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) This Regulation should also apply to consumer products which, although not foodstuff, resemble foodstuff and are likely to because persons, in particular young children, to confused them with foodstuff in a way that consumers, especially children, may place them in their mouths, suck or ingest them, which might cause, for example, suffocation, poisoning, the perforation or obstruction of the digestive tract and to consequently place them in their mouths, suck or ingest them, which by doing so may cause death or personal injury. Those food-imitating products have so far been regulated by Council Directive 87/357/EEC of 25 June 1987 on the approximation of the laws of the Member States concerning products which, appearing to be other than they are, endanger the health or safety of consumers which should be repealed.
Amendment 90 #
2013/0049(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Products specifically intended for children should be assessed for their levels of risk and appropriate action taken to mitigate that risk;
Amendment 111 #
Amendment 112 #
2013/0049(COD)
Proposal for a regulation
Article 1
Article 1
The objective of this Regulation is to ensure the proper functioning of the internal market whilst maintaining a high level of health, safety and consumer protection. This Regulation lays down rules on the safety of consumer products placed or made available on the Union market.
Amendment 116 #
2013/0049(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) to which consumers are exposedare provided to a consumer in the contexturse of a service provided to them, whether or not the product is used by the consumer himself.
Amendment 126 #
2013/0049(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Chapters II to IV of tThis Regulation shall not apply to products subject to requirements designed to protect human health and safety laid down in Union harmonisation legislation or pursuant to it.
Amendment 139 #
2013/0049(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13 a (new)
Article 3 – paragraph 1 – point 13 a (new)
(13a) 'product presenting a serious risk' means a product presenting a risk requiring rapid intervention and follow- up, including cases where the effects may not be immediate, any product that does not meet an essential requirement defined in the harmonisation legislation, as well as any product that does not meet the general safety requirement as defined in the mandate given be the Commission to the standardisation organisation shall be considered as presenting a serious risk;
Amendment 140 #
2013/0049(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13 b (new)
Article 3 – paragraph 1 – point 13 b (new)
(13b) 'product models' means products that are considered distinct by presenting identical or similar essential characteristics. Differences, if any, should have no impact on their safety levels
Amendment 185 #
2013/0049(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 224 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Manufacturers shall keep, for a period of ten years after the product has been placed on the market, the technical documentation and make it available to the market surveillance authorities, upon a reasoned request.
Amendment 232 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
6a. Where manufacturers consider that their products bear no risks or only a low level of risk, the provisions in paragraphs 3, 4 and 5 shall not apply. In making that assessment the manufacturer must be able to demonstrate its decision to the relevant market surveillance authorities, following a reasoned request, and to its downstream suppliers.
Amendment 255 #
2013/0049(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) further to a reasoned request from a market surveillance authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of a product;
Amendment 276 #
2013/0049(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. Importers shall keep, for a period of ten years after the product has been placed on the market,ensure that the technical documentation cand make it be made available to the market surveillance authorities, upon request.
Amendment 314 #
2013/0049(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the manufacturer, importer or distributor can demonstrate that the risk has been fuleffectively controlled and cannot any more endanger the health and safety of persons;
Amendment 328 #
2013/0049(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Economic operators shall be able to present the information referred to in the first paragraph for a period of 10 years after they have been supplied with the product and for a period of 10 yearsthat is a reasonable assessment of the lifecycle of a product after they have supplied the product.
Amendment 330 #
2013/0049(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 343 #
2013/0049(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 108 #
2013/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12 b (new)
Article 3 – paragraph 1 – point 12 b (new)
(12b) "non-compliant product" means a product which fails to meet the requirements of Union legislation
Amendment 131 #
2013/0048(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The implementation of market surveillance activities and external border controls shall be monitored by the Member States which shall report on these activities and controls to the Commission every three years. The information reported shall include statistics regarding the number of controls carried out and shall be communicated to all Member States. Member States may make a summary of the results accessiCommission shall communicate this information to all Member States. A summary of this information may be made available to the public.
Amendment 136 #
2013/0048(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 151 #
2013/0048(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Amendment 178 #
2013/0048(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 187 #
2013/0048(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. On request, economic operators and, where applicable, conformity assessment bodies, shall make available to market surveillance authorities any necessary documentation and information that those authorities require for the purpose of carrying out their activities, in a language which can be easily understood by them. end users as determined by the Member State concerned.
Amendment 203 #
2013/0048(COD)
Proposal for a regulation
Article 9 – title
Article 9 – title
Amendment 204 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
1. Where, in the course of carrying out the checks referred to in Article 6(1) or as a result of information received, market surveillance authorities have sufficient reason to believe that a product that is placed or made available on the market or is used in the course of the provision of a service may be non-compliant or present a risk, they shall carry out a risk assessment in relation to thate product taking account ofconcerned covering the requirements laid down in the applicable Union legislation and, where necessary, the considerations and criteria set out in Article 13.
Amendment 221 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Regardless whether the risk assessment shows that the product in fact presents a risk, market surveillance authorities shall require the economic operator to rectify the formal non-compliance. If the economic operator fails to do so, market surveillance authorities shall ensure that the product is withdrawn or recallmay, if appropriate, withdraw or recall the product in question until the non-compliance is rectified.
Amendment 314 #
2013/0048(COD)
Proposal for a regulation
Article 17
Article 17
Amendment 319 #
2013/0048(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Commission shall maintain the system for rapid exchange of information (RAPEX). Member States shall use RAPEX for exchanging information about products presenting a serious risk in accordance with this Regulation.
Amendment 326 #
2013/0048(COD)
Proposal for a regulation
Article 20 – title
Article 20 – title
Notification through RAPEX of products presenting a serious risk
Amendment 334 #
2013/0048(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
Article 20 – paragraph 1 – subparagraph 2
The first subparagraph shall not apply where the RAPEX contact point has reason to believe that the effects of the serious risk presented by a product do not go beyond the territory of its Member State.
Amendment 344 #
2013/0048(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 346 #
2013/0048(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. On receiving a notification, the Commission shall communicate it to the other Member States. If the notification does not satisfy the administrative requirements set out in paragraphs 1, 2 and 3, the Commission may suspend it.
Amendment 355 #
2013/0048(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 2
Article 21 – paragraph 1 – subparagraph 2
ICSMS shall contain a record of references to the notifications of measures or corrective action made under RAPEX in accordance with Article 20. The Commission will develop an interface between ICSMS and RAPEX which will automatically transfer information about serious risk to the RAPEX system.
Amendment 361 #
2013/0048(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
2. Market surveillance authorities shall, on receipt of a duly motivated request from a market surveillance authority in another Member State, provide any relevant information or documentation and carry out checks, inspections or investigations and report on them and on any follow-up action takenssistance on an appropriate scale to the requesting authority.
Amendment 377 #
2013/0048(COD)
Proposal for a regulation
Article 28
Article 28
Amendment 384 #
2013/0048(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 12 #
2013/0023(COD)
Proposal for a directive
Recital 10
Recital 10
(10) TIn this respect, the protection of the euro and other currencies calls for a common definition of the offences related to the currency counterfeiting as well as for common sanction types both for natural and legal persons. In order to ensure cohert is of fundamental importance to ensure trust and confidence within the Geneva Convention, this Directive should provide for the same offences to be punishable as in the Convention. Therefore, the production of counterfeit notes and coins and their distribution should be a criminal offence. Important preparatory work to those offences, for example theauthenticity of notes and coins for citizens, companies and financial institutions. Counterfeit money causes significant pecuniary and non-pecuniary damage to society, individuals and businesses in all Member States as well as in third countries. It could cause consumers concerns regarding the sufficient produtection of counterfash and the fear of receitving instruments and components, should be punished independently. The common aim of those definitions of offences should be to act as a deterrent from any handling with counterfeit notes and coins, instruments and tools for counterfeitingcounterfeit notes and coins. As a consequence, consumers may prefer other means of payment instead of cash. Counterfeit money could thus have repercussions for the system of circulation of money by different means of payment. The offences of counterfeiting are characterised by frequently having a cross-border dimension and connections with organised crime.
Amendment 15 #
2013/0023(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 16 #
2013/0023(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Offences referred to in points (a), (b) and (c) of Article 3(1) involving notes and coins of a total nominal or potential nominal value of at least EUR 10 5000 or the equivalent amount in the currency of the relevant counterfeited notes and coins, or involving particularly serious circumstances shall be punishable by (a) a minimum penalty of at least six months of imprisonment (b)with a maximum penalty of at least eight years of imprisonment.
Amendment 17 #
2013/0023(COD)
Proposal for a directive
Article 11
Article 11
The Member States shallmay accede or remain parties to the Geneva Convention.
Amendment 40 #
2013/0000(BUD)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recalls the plenary decision for the Council to present a roadmap by June 2013 on the multiple seats of the EP and expects both the Committees concerned, the Secretary General and the Bureau to provide members with up-to-date figures and information on the financial and environmental impact of the multiple seat arrangement; suggests the EP's own impact assessment services examine this question also with respect to the impact of the EP's presence or partial presence on the respective communities and regions and present an assessment by June 2013 in order for these findings to be considered for the next MFF;
Amendment 3 #
2012/2322(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the relevant case law of the Court of Justice of the European Union, including the application and interpretation of the principles of transparency, mutual recognition, equal treatment and legal certainty through such case law[1], [1] In particular the judgments in the following cases: Schindler 1994 (C- 275/92), Gebhard 1995 (C-55/94), Läärä 1999 (C-124/97), Zenatti 1999 (C-67/98), Anomar 2003 (C-6/01), Gambelli 2003 (C- 243/01), Lindman 2003 (C-42/02), Fixtures Marketing Ltd v OPAP 2004 (C- 444/02), Fixtures Marketing Ltd v Svenska Spel AB 2004 (C-338/02), Fixtures Marketing Ltd v Oy Veikkaus Ab 2005 (C-46/02), Stauffer 2006 (C-386/04), Unibet 2007 (C-432/05), Placanica and others 2007 (C-338/04, C-359/04 and C- 360/04), Kommission v Italien 2007 (C- 206/04), Liga Portuguesa de Futebol Profissional 2009 (C-42/07), Ladbrokes 2010 (C-258/08), Sporting Exchange 2010 (C-203/08), Sjöberg and Gerdin 2010 (C- 447/08 and C-448/08), Markus Stoß and others 2010 (C-316/07, C-358/07, C- 359/07, C-360/07, C-409/07 and C- 410/07), Carmen Media 2010 (C-46/08) and Engelmann 2010 (C-64/08), Zeturf case C-212/08, 2011, Dickinger and Ömer (C-347/09), 2011, joined Fortuna case (C- 213/11, C-214/11, C-217/11) 2012, HIT and HIT Larix case (C-176/11), 2012, OPAP joined Cases C-186/11 and C- 209/11, 2013,
Amendment 5 #
2012/2322(INI)
Motion for a resolution
Citation 1 b (new)
Citation 1 b (new)
- having regard to Union secondary legislation relevant to online gambling, notably the Audiovisual Media Services Directive 2010/13/EU, the Unfair Commercial Practices Directive 2005/29/EC, the Unfair Contract Terms Directive 93/13/EC, the Distance Selling Directive 97/7/EC, the Anti Money Laundering Directive 2005/60/EC, as well as the European Commission's recent proposals to reform the latter by a proposal for a Directive on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing and the Proposal for a Regulation on information accompanying transfers of funds, the Data Protection Directive 95/46/EC and proposals for a directive and regulation reforming the latter, and the Directive on the Common System of Value Added Tax 2006/112/EC,
Amendment 6 #
2012/2322(INI)
Motion for a resolution
Citation 1 c (new)
Citation 1 c (new)
Amendment 7 #
2012/2322(INI)
Motion for a resolution
Citation 1 d (new)
Citation 1 d (new)
- having regard to its resolution of 15 November 2011 on online gambling in the internal market2,
Amendment 42 #
2012/2322(INI)
Motion for a resolution
Recital B
Recital B
B. whereas currently the supply of online gambling services is not subject to sector- specific regulation at European Union level, remaining – nevertheless – subject to a number of EU secondary legislative acts such as the Audiovisual Media Services Directive, the Unfair Commercial Practices Directive, the Distance Selling Directive, the Anti-Money Laundering Directive, the Data Protection Directive, the Directive on privacy and electronic communication, and the Directive on the Common System of Value Added Tax;
Amendment 96 #
2012/2322(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recognises that the Member States, in accordance with the principle of subsidiarity, have the right to determine how the offer of online gambling services is to be organised and regulated at the national level, while observing the basic EU Treaty principles;
Amendment 115 #
2012/2322(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Believes that the principle of subsidiarity should also apply to sports betting rights;
Amendment 129 #
2012/2322(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to continue to carry out effective checks on compliance with EU law of national laws and practices, and to take legal action against those Member States whose gambling monopolies that do not reduce gambling opportunities or limit promotional activities for gambling in a n inconsistent manner, in line with CJEU case-law;
Amendment 145 #
2012/2322(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Acknowledges that gambling is not an ordinary economic activity due to its potentially negative social impacts, such as compulsive gambling;
Amendment 195 #
2012/2322(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasises the need for all Member States to closely cooperate in order to jointly address the challenges posed by the inherently cross border nature of online gambling, such as the identification of illegal online operators and the fight against money laundering;
Amendment 357 #
2012/2322(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses that the expert group on gambling services should make particular effort to protect minors and limit as much as possible their access to online gambling sites;
Amendment 377 #
2012/2322(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
Amendment 396 #
2012/2322(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Emphasizes the key role of prevention in match fixing, in particular the importance of sport actors (athletes, referees, match officials, staff and their entourage) being educated about the risks of match fixing; welcomes in this respect the recent Commission 2012 Preparatory Action which supports transnational educating projects in order to combat match fixing;
Amendment 405 #
2012/2322(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Calls upon Member States to increase the priority given to corruption in sport in terms of the efficient enforcement of the rule of law;
Amendment 414 #
2012/2322(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Calls on Member States, in light of the Council of Europe’s current negotiations on a possible match-fixing convention, to take further measures to prevent match-fixing, which should be dissuasive, effective, proportionate and considered on a case by case basis;
Amendment A #
2012/2308(INI)
Motion for a resolution
Citation 11
Citation 11
- having regard to Rules 41, 48 and 74a5(3), 29, 41, 48, 74a, 201 and 202(4) of its Rules of Procedure,;
Amendment B #
2012/2308(INI)
Motion for a resolution
Citation 10
Citation 10
- having regard to the petition gathered in 630/2006 by the One Seat campaign, which was signendorsed by more than 1.2one million EU citizens,
Amendment C #
2012/2308(INI)
Motion for a resolution
Recital C
Recital C
C. whereas Article 232 TFEU allows Parliament to adopt its own rules of procedure aund toer which it may determine the length of plenary sessions, in accordance with the treaties and the case law of the ECJ;
Amendment D #
2012/2308(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the ECJ has stated that the location of the seat is not to hinder the well-functioning of Parliament; whereas it has further stated that there are disadvantages and costs engendered by the plurality of working locations, but also that any improvement of the current situationmodification of the seat or working locations would requires a Treaty change and, thus, the consent of the Member States;
Amendment E #
2012/2308(INI)
Motion for a resolution
Recital M
Recital M
M. whereas the additional annual costs resulting from the geographic dispersion of Parliament have conservatively been estimated to range between EUR 1569 million and EUR 204 million4, which is equivalent to between 15 % and 2approximately 10 % of Parliament’s annual budget, while the environmental impact is also significant, with the CO2 emissions associated with the transfers to and from the three working locations estimated to amount to at least 19 000 tonnes5; 4 Discharge 2010: EU general budget, European Parliament (Liberadzki Report) (A7-0120/2012), texts adopted, P7_TA(2012)0155. 5between 11 0005 and 19 000 tonnes6; 4 The 2002 report by the Secretary General of the European Parliament is the last comprehensive cost estimate that is available. The range of €169 - €204 million per year has been confirmed by the 2012 Joint Working Group Report of the Bureau and Budget Committee if the EUR 148 million estimate is complemented by the EUR 28.3 million annual amortisation cost for the Strasbourg buildings, that need to be taken into account since the purchase of those buildings. In a response provided by the Secretary General on 30 August 2013 to the requests made in Paragraph 10 of Parliament's resolution of 6 February 2013 on the guidelines for the 2014 budget procedure the additional costs of the Strasbourg seat are estimated at EUR 103 million, which would sum up to a total of EUR 156 million, when complemented with the same amortisation and the unused floor estimates as the Joint Working Group Report from 2012. 5 ‘The three places of work of the European Parliament - Financial, environmental and regional impacts of geographic dispersion , note prepared by the Secretary General of the European Parliament on 30 August 2013 in response to the request made in Paragraph 10 of the Parliament's resolution of 6 February 2013 on the guidelines for the 2014 budget procedure. 6 ‘European Parliament two-seat operation: Environmental costs, transport & energy’, report prepared by Eco- Logica Ltd. for the Greens/EFA, November 2007.
Amendment F #
2012/2308(INI)
Motion for a resolution
Recital P
Recital P
P. whereas Parliament, since its suggestion in 1958 to be sited in proximity to the Council and the Commission, has via numerous reports, declarations and statements alwaysrepeatedly expressed its wish for a more practical and efficient working arrangement;
Amendment G #
2012/2308(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas the citizens of the EU – including the 1.27over one million citizens who signendorsed a petition asking for a single seat – have repeatedly expressed their discontent with the current arrangements;
Amendment I #
2012/2308(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Commits itself, therefore, to initiate an ordinary treaty revision procedure under Article 48 TEU with a view to propose the changes to Article 341 TFEU and to Protocol 6 necessary to allow Parliament to decide fully over its internal organisation, including the setting of its calendar and the location of its seatthe location of its seat and its internal organisation;
Amendment J #
2012/2308(INI)
Motion for a resolution
Citation 6
Citation 6
– having regard to the Secretary-General’s report to the Bureau of September 2002s regarding the cost of maintaining three places of work of September 2002 and August 2013,
Amendment 187 #
2012/2133(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that the quickening process of business concentration affects both the production and marketing of goods and services, and suggests that consumers should hold at least 20% of democratically elected posts on the management boards of large companies, including those in the financial sectorstresses that a well-governed company should be transparent and accountable to its stakeholders; reaffirms that directors of corporate entities should take into account long-term interests and sustainability when taking decisions;
Amendment 129 #
2012/2092(BUD)
Motion for a resolution
Paragraphs 77 a, b, c, d, e, f, g (new)
Paragraphs 77 a, b, c, d, e, f, g (new)
Amendment 27 #
2012/2078(INI)
Motion for a resolution
Recital V a (new)
Recital V a (new)
Va. whereas in a speech in London delivered on 23 January 2013, the UK Prime Minister David Cameron identified the need for fundamental and far- reaching change of the European Union, and called for the development of a more flexible, adaptable and open Union, able to reflect the ambition and meet the interests of all Members of the Union;
Amendment 36 #
2012/2078(INI)
Motion for a resolution
Paragraph - 1 a (new)
Paragraph - 1 a (new)
- 1a. Believes that differentiated integration may be understood both as the further integration between some Member States and the repatriation of powers from the European Union back to the Member States; considers both paths to have equal merit, respecting the democratic wishes of European citizens and the prerogatives of the Member States;
Amendment 37 #
2012/2078(INI)
Motion for a resolution
Paragraph - 1 b (new)
Paragraph - 1 b (new)
- 1b. Supports in this regard the position of the British Prime Minister, who has stated the need for a new settlement in the EU, and is currently assessing the balance of competences between the European Union and the Member States, to identify those areas which should remain EU competence and those areas where power should be repatriated to the Member States; Supports also the position of the Dutch Government, which has similarly undertaken a 'subsidiarity review' and has prepared a list of areas where action should be taken at the Member State level rather than being subject to EU policy;
Amendment 50 #
2012/2078(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises that to be consistent with its nature of a means to promote integration, safeguard the unity of the EU and guarantee substantial respect of the principle of equality, differentiation must remain open and has to aim at finally includingto all Member States;
Amendment 172 #
2012/2078(INI)
Motion for a resolution
Paragraph 56
Paragraph 56
Amendment 229 #
2012/2078(INI)
Motion for a resolution
Paragraph 70
Paragraph 70
Amendment 234 #
2012/2078(INI)
Motion for a resolution
Paragraph 71
Paragraph 71
Amendment 241 #
2012/2078(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
Amendment 245 #
2012/2078(INI)
Motion for a resolution
Paragraph 74
Paragraph 74
Amendment 248 #
2012/2078(INI)
Motion for a resolution
Paragraph 75
Paragraph 75
Amendment 4 #
2012/2055(INI)
Draft opinion
Recital C
Recital C
C. whereas this right should also apply to people who want to openneed a bank account in amore than one Member State without being forced to close an existing account in anotherdue to the existence of a relationship with each of those Member States;
Amendment 10 #
2012/2055(INI)
Draft opinion
Recital F
Recital F
F. whereas in its 2011 work programme the Commission announced its intention of publishing a proposal for a legislative instrument concerning access to a bank account, but whereas on 18 July 2011 it instead merely published a recommendation on access to a basic payment account; whereas only a legislative instrument can guarantee the legal certainty ordinary members of the public needthe Commission should evaluate all policy options in a thorough impact assessment before presenting any legislative instrument which, only if deemed necessary, should be in the form of a directive;
Amendment 25 #
2012/2055(INI)
Draft opinion
Recommendation 1 – paragraph 3
Recommendation 1 – paragraph 3
The right of access to a basic payment account should apply to all consumers unless there are serious reasons to the contrary such as fraud, money laundering or undischarged bankruptcy. It does not, however, imply any obligation to have a bank account. However, the opening or running of an account must be considered reasonable by the institution granting access, and that institution's power to reject the application or close the account if pre-defined conditions are not met should be maintained.
Amendment 28 #
2012/2055(INI)
Draft opinion
Recommendation 2 – paragraph 1
Recommendation 2 – paragraph 1
Member States should ensure that every consumer legally resident in the EU is entitled to open and keep an account with any payment service provider operating on their territory. It should make no difference whether the consumer has an account in another Member State enabling him or her to make use in that Member State of the services specified in recommendation 3. This entitlement is applicable regardless of the consumer’s financial circumstances, except in the event of a conviction for fraud, money laundering or undischarged bankruptcy.
Amendment 33 #
2012/2055(INI)
Draft opinion
Recommendation 2 – paragraph 2
Recommendation 2 – paragraph 2
Each Member States should ensure that all banks with private customers are obliged to offer basic payment accounts, so as to avoid discrimination and unfair compe may decide whether access to basic banking services should be provided by one or more banking or non- banking institution among banks, except where specific arrangements are in force in a Member States (other payment providers).
Amendment 61 #
2012/2055(INI)
Draft opinion
Recommendation 3 – paragraph 4
Recommendation 3 – paragraph 4
Prepaid payment cards or other devices serving the same purpose, which already exist in some Member States, whether provided by banking or non- banking institutions, such as payments using a mobile phone, which already exist in some Member States and which provide the same functionality as a basic payment account, are possible complementalternatives to a basic payment account that should be explored and developed further.
Amendment 68 #
2012/2055(INI)
Draft opinion
Recommendation 3 – paragraph 7
Recommendation 3 – paragraph 7
Amendment 3 #
2012/2040(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the European market for card, internet and mobile payments is at present still fragmented across national borders and only a few big players are able to operate on a cross-border basis;
Amendment 9 #
2012/2040(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Green Paper does not tackle the cost of cash payments in comparison with card, internet and mobile payments, thus preventing an comparative analysis of the economic and welfare cost of payments by cash;
Amendment 17 #
2012/2040(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas successful SEPA migration can be expected to give an impetus to the development of innovative pan-European means of payment;
Amendment 30 #
2012/2040(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Expresses concern at unduly tight regulation of internet and mobile payment markets at this stage because such payment methods are still in the process of development; considers that any regulatory initiative in this field risks to be characterised by an undue emphasis on already existing payment instruments and may thus deter innovation and distort the market before it has developed; asks the Commission to adopt a radically different and appropriate approach to these newinternet and mobile payment methods in any future proposal, if any;
Amendment 38 #
2012/2040(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that common technical standards, on an open access basis, would not only enhance the competitiveness of the European economy and the functioning of the internal market but would also foster interoperability and bring security-related advantages in the form of common security standards, which would benefit both consumers and merchants;
Amendment 65 #
2012/2040(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that further standardisationalignment on practices is needed to promote cross- border acquiring, an arrangement which would increase competition and the choices available for merchants and could result in more cost- efficient payment methods for customers;
Amendment 68 #
2012/2040(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Urges that solutions to facilitate cross- border acquiring be actively sought, in view of its advantages to the internal market; expresses concern at existing barriers, such as some licensing, which should be abandoned terms;
Amendment 76 #
2012/2040(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that MIFs can currently be justified as a means to finance interbank services in the four- party card payment systems; notes that the level of MIFs is sometimes higher than what the financing of the four-party payment system requirshould be strictly linked to the cost of providing such services;
Amendment 99 #
2012/2040(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to consider negotiating with relevant industry representatives a MIF setting methodology for cards, after conducting a full impact assessment;
Amendment 101 #
2012/2040(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that there are crucial differences between the three-party and four-party payment schemes and that each scheme should be treated according to its specificities, though ultimately in an equal manner in order to ensure a level playing field and foster competition and transparency for consumers and merchants;
Amendment 105 #
2012/2040(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that co-badging could be beneficial to consumers as it would result in fewer cards and a wider range of choices, and would encourage competition; highlights however that mandatory co- badging may reduce competition and present some security and liability risks, arising from constraints on a card scheme to contract freely with business partners of their choice;
Amendment 129 #
2012/2040(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls that the final responsibility for security measures relating to different payment methods cannot lie with customers, but that they should be informed about security precautions; and have a responsibility in keeping personalised security features safe as per Article 56 of the Payment Services Directive;
Amendment 139 #
2012/2040(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Believes that providing third parties with data on the availability of funds in bank accounts entails risks; notes that one of the risks is that consumers may not be fully aware of who has access to their account information, and in the context of which legal framework, and which operator is responsible for the payment services the consumer is using;
Amendment 140 #
2012/2040(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that regulation could lower these security risks and could make payments through non-bank PSPs as safe as payments directly from bank accounts, as long as secure systems are available in practice and the legitimacy of such access and the organisations asking for such access are clearly defined;
Amendment 145 #
2012/2040(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Does not, therefore, support third-party access to a customer's bank account information before secure systems are developed, built and thoroughly tested; notes that in any future regulation third- party access should be limited to binary ('yes-no') information on availability of funds and special attention should be paid to security, data protection and consumer rights; considers, in particular, that it should be clearly specified which parties can have access to wthichs information and under which conditions the data can be stored;
Amendment 148 #
2012/2040(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Welcomes the consultation being undertaken by the European Commission with stakeholders as part of the green paper on the subject of SEPA governance as per recital 5 of Regulation 260/2012 and is looking forward to the proposal it intends to put forward on the subject at the end of this year; underlines that the immediate priority of all SEPA stakeholders has to be the preparation for SEPA migration as per the conditions laid down by Regulation 260/2012 so as to ensure a smooth transition from the use of national to pan-European payment schemes;
Amendment 2 #
2012/2028(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 10 #
2012/2028(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls that Article 125 of the Treaty on the Functioning of the European Union prohibits Member States from assuming liabilities of another Member State;
Amendment 13 #
2012/2028(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Stresses that mutualisation of sovereign debt cannot cure a loss of competitiveness, and, by creating moral hazard, risks undermining the euro zone by weakening market discipline, preventing eurozone Member States from implementing much needed structural reforms and fiscal consolidation measures;
Amendment 19 #
2012/2028(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the factNotes that, as regards possible Stability Bond systems, a range of options have been put forward, but believes that it is necessary to assess all of the existing proposals, as listed in Annex 2 of the Green Paper, ands well as the recent proposal by the German Council of Economic Experts and proposals to unwind existing structural imbalances within the eurozone by an orderly break-up of the euro currency; considers that it is important to know how far the high degree of moral hazard attributed to option 1 could be counteracted by varying the interest rates to be charged to countries, or whether the higher interest rates on ‘red bonds’ would quickly become unsustainable for countries using that source of finance;
Amendment 28 #
2012/2028(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 2 #
2012/2016(BUD)
Draft opinion
Recital A
Recital A
A. whereas the Union budget represents a unique instrument that can act as a catalyst for investment, which should be stepped up at a time of crisimust reflect the situation at national level, where public finances continue to come under severe strain and spending is appropriately balanced in order to live within budgetary means,
Amendment 5 #
2012/2016(BUD)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 7 #
2012/2016(BUD)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 11 #
2012/2016(BUD)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls the request of the European Parliament for the Secretary-General and the Bureau to prepare an updated version of the 2002 Secretary-General's report to the Bureau regarding the cost of maintaining three places of work, and calls for appropriate funding to be made available for the completion of the report.
Amendment 188 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall ensure that listed companies are obliged to disclose, on the request of an unsuccessful candidate, the qualification criteria upon which the selection was based, the objective comparative assessment of those criteria and, where relevant, the considerations tilting the balance in favour of a candidate of the other sex.
Amendment 193 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 199 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
Amendment 233 #
2012/0299(COD)
Proposal for a directive
Article 6 – paragraph 2 d (new)
Article 6 – paragraph 2 d (new)
2d. Criminal sanctions may not be applied in pursuit of this Directive
Amendment 256 #
2012/0299(COD)
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. This Directive shall not enter into force until all of the following conditions have been met: (a) one third or more of the members of the European Commission; (b) one third or more of the members of the Governing Council of the European Central Bank; and (c) one third or more of the Directors General of the European Commission; are members of the under-represented sex.
Amendment 58 #
2012/0267(COD)
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 1
Article 4 – paragraph 5 – subparagraph 1
With the exception of Article 59(4), the requirements of this Regulation shall not apply to devices classified as class A, B and C, in accordance with the rules set out in Annex VII, and manufactured and used only within a single health institution, provided manufacture and use occur solely under the health institution'sa single quality management system, and the health institution is compliant withaccredited to standard EN ISO 15189 or any other equivalent recognised standard. Member States may require that the hHealth institutions submithall provide to their competent authority a list of such devices which shave been manufactured and used on their territory and mayll include justification of their use, in particular where equivalent devices have been made available on the market. This information shall be made public. Member States may also make the manufacture and use of the devices concerned subject to further safety requirements.
Amendment 60 #
2012/0267(COD)
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 2
Article 4 – paragraph 5 – subparagraph 2
Amendment 111 #
2012/0266(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 113 #
2012/0266(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Amendment 136 #
2012/0266(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. It shall be updated with the results of the post-market clinical follow-up evaluation report referred to in Section 3 of Part B of Annex XIII.
Amendment 144 #
2012/0266(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
Amendment 148 #
2012/0266(COD)
Proposal for a regulation
Article 33 – paragraph 8
Article 33 – paragraph 8
8. When a Member State or the Commission raises objections in accordance with paragraph 7, the effect of the notification shall be suspended. In this case, the Commission shall bring the matter beCommission shall inforem the MDCG within 15 days after expiry of the period referred to in paragraph 7. After consulting the parties involved, the MDCG shall give its opinion at the latest within 2840 days after the matter has been brought before it. If the notifying Member State does not agree with the opinion of the MDCG, it may request the Commission to give its opinionit has been informed.
Amendment 149 #
2012/0266(COD)
Proposal for a regulation
Article 33 – paragraph 9
Article 33 – paragraph 9
9. Where no objection is raised in accordance with paragraph 7 or where the MDCG or the Commissionafter having been consulted in accordance with paragraph 8, is of the opinion that the notification may be accepted fully, the Commission shall publish the notification accordingly. Where the MDCG, after having been consulted in accordance with paragraph 8, is of theraises an objection in its opinion, that the notification may be accepted fully or partially, the Commission shall publish the notification accordinglye notifying Member State shall provide a written response to the MDCG’s opinion within 28 days of its receipt. The response shall address the objections raised in the opinion, including the steps the notifying Member State intends to take to resolve the objections. The Commission shall publish the notification together with a summary of the MDCG’s opinion and the Member State response forthwith on receipt of the response.
Amendment 154 #
2012/0266(COD)
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
Amendment 158 #
2012/0266(COD)
Proposal for a regulation
Article 42 – paragraph 11
Article 42 – paragraph 11
Amendment 160 #
2012/0266(COD)
Proposal for a regulation
Article 44
Article 44
Amendment 164 #
2012/0266(COD)
Proposal for a regulation
Article 49 – paragraph 5 – subparagraph 1 a (new)
Article 49 – paragraph 5 – subparagraph 1 a (new)
For devices classified as class III and implantable devices, the summary of safety and clinical performance referred to in Article 26(1) shall be updated at least annually with clinical evaluation reports.
Amendment 124 #
2012/0175(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) The principles of mutual recognition and of home Member State supervision require that the Member States' competent authorities should not grant or should withdraw authorisation where factors such as the geographical distribution or the activities actually carried on indicate clearly that an insurance intermediary has opted for the legal system of one Member State for the purpose of evading the stricter standards in force in another Member State within the territory of which it intends to carry on or does carry on the greater part of its activities. An insurance intermediary which is a legal person should be authorised in the Member State in which it has its registered office. An insurance intermediary which is not a legal person should be authorised in the Member State in which it has its head office. In addition, Member States should require that an insurance intermediary's head office must always be situated in its home Member State and that it actually operates there.
Amendment 135 #
2012/0175(COD)
Proposal for a directive
Recital 28
Recital 28
(28) There is a need for appropriate and effective out-of-court complaint and redress procedures in the Member States in order to settle disputes between insurance intermediaries or undertakings and customers, using, where appropriate, existing procedures. Effective out-of-court complaint and redress procedures should be available to deal with disputes concerning rights and obligations established under this Directive between insurance undertakings or persons selling or offering insurance products and customers. In order to enhance the effectiveness of out-of-court resolution of disputes procedures dealing with complaints submitted by customers, this Directive should provide that insurance undertakings or persons selling or offering insurance products have to participate in dispute resolution procedures, which do not result in a binding decision, instituted against themselves by customers and concerning rights and obligations established under this Directive. Such out- of-court resolution of disputes procedures would aim to achieve a quicker and less expensive settlement of disputes between insurance undertakings or persons selling or offering insurance products and customers and lightening of the burden on the court system. However, out-of-court resolution of disputes procedures should not prejudice the rights of the parties to such procedures to bring legal proceedings before courts. Without prejudice to the right of customers to bring their action before the courts, Member States should ensure that ADR entities dealing with disputes referred to under this Directive cooperate in resolving cross-border disputes. Member States should encourage ADR entities dealing with such disputes to become part of FIN- NET.
Amendment 165 #
2012/0175(COD)
Proposal for a directive
Recital 40
Recital 40
(40) This Directive should specify the minimum obligations whichfor insurance undertakings and insurance intermediaries should have in providing information to customers. A Member State should be able to in this area maintain or adopt more stringent provisions which may be imposed on insurance intermediaries and insurance undertakings independently of the provisions of their home Member State where they are pursuing insurance mediation activities on its territory provided that any s. Such more stringent provisions must comply with Union law, including Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce). A Member State which proposes to apply and applies provisions regulating insurance intermediaries and the sale of insurance products in addition to those set out in this Directive should ensure that the administrative burden stemming from these provisions is proportionate for consumer protection. In the interest of consumer protection and in order to prevent mis-selling of insurance products, Member States should be permitted to apply exceptionally the more stringent requirements to such insurance intermediaries conducting insurance mediation on an ancillary basis if they consider it necessary and proportionate.
Amendment 200 #
2012/0175(COD)
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Amendment 225 #
2012/0175(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 12 – point a
Article 2 – paragraph 1 – point 12 – point a
(a) where the intermediary is a natural person, the Member State in which his residenhead office is situated and in which he carries on business;
Amendment 226 #
2012/0175(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
Amendment 233 #
2012/0175(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
Amendment 238 #
2012/0175(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
Amendment 250 #
2012/0175(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
Member States may stipulate that, where an insurance or reinsurance intermediary acts under the responsibility of an insurance or reinsurance undertaking or of another registered insurance or reinsurance intermediary, the latter intermediary or the undertaking shall be responsible for ensuring that it meets the conditions for registration set out in this Directive. In such a case, the person or entity acceptingintermediary, the insurance intermediary shall not be required to provide the competent authority with the information in Article 3(7) (a) and (b) and the insurance entity responsibilityle shall, having been informed by the Member States of the matters set out in paragraph 7 of this Article, sub-paragraphs (a) and (b), be satisfied as to the matter set out in paragraph 7 of this Article, sub- paragraph (c) ensure that the insurance intermediary meets the conditions for registration and other provisions set out in this Directive. Member States may also stipulate that the person or entity which takes responsibility for the intermediary shall register that intermediary.
Amendment 253 #
2012/0175(COD)
Proposal for a directive
Article 3 – paragraph 4 – subparagraph 1
Article 3 – paragraph 4 – subparagraph 1
EIOPA shall establish, publish on its website and keep up-to-date a single electronic register containing records of insurance and reinsurance intermediaries which have notified their intention to carry on cross-border business in accordance with Chapter IV. Member States shall provide relevant information to EIOPA promptly to enable it to do this. This register shall show a hyperlink to each relevant competent authority in each Member State. That register shall contain links to, and be accessible from, each of the Member States' competent authorities' websites a website with hyperlinks to each single information point established by Member States under Article 3(3).
Amendment 255 #
2012/0175(COD)
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 1
Article 3 – paragraph 5 – subparagraph 1
Member States shall ensure that the competent authorities do not register an insurance or reinsurance intermediary unless it is satisfied that the intermediary meets the requirements laid down in Article 8, or that another intermediary or undertaking will take responsibility for ensuring that the intermediary meets these requirements in accordance with Article 3 (1) paragraph 3.
Amendment 263 #
2012/0175(COD)
Proposal for a directive
Article 3 – paragraph 7 – introductory part
Article 3 – paragraph 7 – introductory part
7. Member States shall ensure that their competent authorities request evidence of the following informas a condition of registration from insurance and reinsurance intermediaries, as a condition of registration: other than for tied intermediaries and intermediaries where another insurance entity takes responsibility for ensuring that the intermediary meets these requirements in accordance with Article 3(1) paragraph 3.
Amendment 265 #
2012/0175(COD)
Proposal for a directive
Article 3 – paragraph 7 – point a
Article 3 – paragraph 7 – point a
(a) to provide information to their competent authorities of the identities of shareholders or members, whether natural or legal persons, that have a holding in the intermediary that exceeds 10% and the amounts of those holdings;
Amendment 267 #
2012/0175(COD)
Proposal for a directive
Article 3 – paragraph 7 – point b
Article 3 – paragraph 7 – point b
(b) to provide information to their competent authorities of the identities of persons who have close links with the insurance or reinsurance intermediary;
Amendment 269 #
2012/0175(COD)
Proposal for a directive
Article 3 – paragraph 7 – point c
Article 3 – paragraph 7 – point c
(c) to demonstrate in a satisfactory mannerevidence that the holdings or close links do not prevent the effective exercise of the supervisory functions of the competent authority.
Amendment 271 #
2012/0175(COD)
Proposal for a directive
Article 3 – paragraph 7 – subparagraph 1 a (new)
Article 3 – paragraph 7 – subparagraph 1 a (new)
Member States shall ensure that their competent authorities require that insurance and reinsurance intermediaries to whom Article 3(7) applies inform them without undue delay where information provided under Article 3(7)(a) and (b) changes
Amendment 291 #
2012/0175(COD)
Proposal for a directive
Article 7 – paragraph -1 (new)
Article 7 – paragraph -1 (new)
-1. Each Member State shall require that: (a) any insurance intermediary which is a legal person have its head office in the same Member State as its registered office and that it actually operates there; (b) any insurance intermediary which is not a legal person or any insurance intermediary which is a legal person but under its national law has no registered office have its head office in a Member State in which it actually carries on its business.
Amendment 293 #
2012/0175(COD)
Proposal for a directive
Article 7 – paragraph 3 – introductory part
Article 7 – paragraph 3 – introductory part
3. Where the host Member State has grounds for concluding that an insurance or reinsurance intermediary acting within its territory under the freedom to provide services or through an establishment is in breach of any obligation set out in this Directive, and where the host member State does not have powers under this Directive to take action in response to such breaches, it shall refer those findings to the competent authority of the home Member State which shall take the appropriate measures. In cases where, despite measures taken by the competent authority of the home Member State, an insurance or reinsurance intermediary persists in acting in a manner that is clearly prejudicial to the interests of host Member State consumers or the orderly functioning of insurance and reinsurance markets, the insurance or reinsurance intermediary shall be subject to the following measures:
Amendment 306 #
2012/0175(COD)
Proposal for a directive
Article 8 – paragraph 7 – subparagraph 1
Article 8 – paragraph 7 – subparagraph 1
EIOPA shall review the amounts referred to in paragraphs 3 and 4 regularly in order to take account of changes in the European Index of Consumer Prices as published by Eurostat. The first review shall take place five years after the entry into force of this Directive and the successive reviews every five years after the previous review date.
Amendment 307 #
2012/0175(COD)
Proposal for a directive
Article 8 – paragraph 7 – subparagraph 2
Article 8 – paragraph 7 – subparagraph 2
Amendment 308 #
2012/0175(COD)
Proposal for a directive
Article 8 – paragraph 7 – subparagraph 3
Article 8 – paragraph 7 – subparagraph 3
Amendment 309 #
2012/0175(COD)
Proposal for a directive
Article 8 – paragraph 7 – subparagraph 4
Article 8 – paragraph 7 – subparagraph 4
Amendment 312 #
2012/0175(COD)
Proposal for a directive
Article 8 – paragraph 8
Article 8 – paragraph 8
Amendment 321 #
2012/0175(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. This Directive shall not preclude Member States from retaining or adopting stricter provisions. A Member State which proposes to apply and applies provisions regulating insurance intermediaries and the sale of insurance products in addition to those set out in this Directive shall ensure that the administrative burden stemming from these provisions is proportionate for consumer protectiony comply with Union law. The Member State shall continue to monitor these provisions to ensure they remain so.
Amendment 326 #
2012/0175(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 337 #
2012/0175(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Member States shall ensure the setting-up of appropriate, effective, impartial and independent complaints and redress procedures for the out-of-court settlement of disputes between insurance intermediaries and customers, and between insurance undertakings and customers, using existing bodies where appropriate. This must be in line with existing EU legislation in the field of ADR. Where a customer initiates a procedure for alternative dispute resolution laid down in national law against an insurance intermediary or insurance undertaking with regard to a dispute concerning rights and obligations established under this Directive, the insurance intermediary or insurance undertaking shall be required to participate in that procedure. For the purposes of the application of this Directive the competent authorities shall cooperate with each other and with the entities responsible for out-of-court complaint and redress procedures referred to above and to the extent permitted by EU Directives or regulations in force.
Amendment 382 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
Amendment 401 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
(f) if the intermediary will receive a fee or a commission of any kind, the full amount of the remunerationfee concerning the insurance products being offered or considered or, where the precise amount is not capable of being given, the basis of calculation of all the fee or commission or the combination of both;
Amendment 412 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 1 – point g
Article 17 – paragraph 1 – point g
(g) if the amount of theintermediary is to be remunerated by commission, is based on the achievement of agreed targets or thresholds relating tot shall: (a) provide the customer with the amount or, where the precise amount is not capable of being given, the buasiness placed by the intermediary with an insurer, the targets s of calculation of the fee or commission or the combination of both, if the customer so requests. (b) inform thresholds as well as the amounts payable on the achievement of theme customer of his right to request the information referred to in point (a).
Amendment 418 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 433 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 452 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 467 #
2012/0175(COD)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Prior to the conclusion of any specific contract, the insurance intermediary – including tied ones – or insurance undertaking shall indentspecify, on the basis of information provided by the customer:
Amendment 502 #
2012/0175(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
Amendment 516 #
2012/0175(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. When an insurance service or product is offered together with another service or product as a package, the insurance undertaking or, where applicable, the insurance intermediary shall offer and inform the customer thatwhether it is possible to buy the components of the package separately and shall provide information of the costs and charges of each component of the package that may be bought through or from it separately.
Amendment 522 #
2012/0175(COD)
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 531 #
Amendment 545 #
2012/0175(COD)
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Where steps taken by theAn insurance intermediary or insurance undertaking in compliance with Articles 15, 16 and 17shall maintain and operate effective organisational and administrative arrangements with a view to taking all reasonable steps designed to prevent conflicts of interest from adversely affecting the interests of its customers. Where steps taken by the insurance intermediary or insurance undertaking are not sufficient to ensure, with reasonable confidence, that risks of damage to the interests of customers and potential customers arising from conflicts of interest will be prevented, the insurance intermediary or insurance undertaking shall clearly disclose the general nature and/or sources of conflicts of interest toand the customer before undertaking business on steps taken to mitigate those risks to the customer's behalf.
Amendment 547 #
2012/0175(COD)
Proposal for a directive
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. The disclosure must: (a) be made in a durable medium; and (b) include sufficient detail, taking into account the nature of the customer, to enable that customer to take an informed decision with respect to the service in the context of which the conflict of interest arises.
Amendment 549 #
Amendment 553 #
2012/0175(COD)
Proposal for a directive
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. The implementation of the information requirements contained in Articles 24 and 25 should be proportionate, taking into account whether or not the customer is a professional customer as specified in the Annex.
Amendment 582 #
2012/0175(COD)
Proposal for a directive
Article 24 – paragraph 5 – point a
Article 24 – paragraph 5 – point a
(a) assess a sufficiently large numberrange of insurance products available on the market. The insurance products should be sufficiently diversified with regard to their type and issuers or product providers and should not be limited to insurance products issued or provided by entities having close links with the insurance intermediary or insurance undertaking; and
Amendment 594 #
2012/0175(COD)
Proposal for a directive
Article 24 – paragraph 5 – point b
Article 24 – paragraph 5 – point b
(b) not accept or receiveand retain fees, commissions or any monetary benefits paid or provided by any third party or a person acting on behalf of a third party in relation to the provision of the service to customers. Minor non-monetary benefits that are capable of enhancing the quality of service provided to a customer and are of a scale and nature such that they could not be judged to impair compliance with the investment firm's duty to act in the best interest of the customer and are clearly disclosed are excluded from this provision.
Amendment 607 #
Amendment 620 #
2012/0175(COD)
Proposal for a directive
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
Amendment 29 #
2012/0035(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Due to diversity of national measures managing the consumption of medicines, regulating their prices or establishing the conditions of their public funding it is necessary to clarify Directive 89/105/EEC. In particular this Directive should cover all types of measures devised by Member States and susceptible to impact the internal market. Since the adoption of Directive 89/105/EEC, the pricing and reimbursement procedures have evolved and have become more complex. While some Member States have interpreted the scope of Directive 89/105/EEC restrictively, the Court of Justice ruled that those pricing and reimbursement procedures fall within the scope of Directive 89/105/EEC given the objectives of that Directive and the need to ensure its effectiveness. Therefore, this Directive should reflect the developments in national pricing and reimbursement policies. Given that specific rules and procedures exist in the area of public procurement and voluntary contractual agreements, national measures involving public procurement and voluntary contractual agreements should be excluded from the scope of this Directive.
Amendment 31 #
2012/0035(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) In addition to conventional measures laid down by law, regulation or administrative action to regulate the conditions of public funding of medicinal products, public authorities are increasingly engaging in agreements which aim at providing patient access to innovative treatments by including a medicinal product in the scope of the public health insurance system whilst monitoring elements agreed upfront with the marketing authorisation holder. Such monitoring aims at addressing evidentiary uncertainties related to the effectiveness and appropriate use of the medicinal product in clinical practice over time. The level of coverage of the medicinal product subject to such agreement is dependent on the output of monitoring and is unknown upfront. The terms and conditions of such agreements are governed by contracts concluded between the public authority and the holder of a marketing authorisation concerned. Where public authorities make the decision on including a medicinal product in the scope of the public health insurance system conditional upon the entry into such agreement, the agreement should not be considered to have been concluded at the request of the holder of the marketing authorisation.
Amendment 32 #
2012/0035(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The quality, safety and efficacy of medicinal products, including the bioequivalence of generic medicinal products and the similarity of biosimilar products with the reference product, are ascertained in the framework of marketing authorisation procedures. In the framework of pricing and reimbursement procedures, Member States should therefore not re- assess the elements on which the marketing authorisation is based, including the quality, safety, efficacy or, bioequivalence or biosimilarity of the medicinal product. The marketing authorisation of an orphan medicinal product is also based on the evaluation of several criteria, including the significant benefit of the product over any available existing alternatives in the Union, in accordance with Regulation (EC) No 141/2000, which should not be re-assessed in the framework of pricing and reimbursement procedures.
Amendment 37 #
2012/0035(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In accordance with Directive 2001/83/EC, intellectual property rights do not provide a valid ground to refuse, suspend or revoke a marketing authorisation. By the same token, applications, decision-making procedures and decisions to regulate the prices of medicinal products or to determine their coverage by health insurance systems should be considered administrative procedures which, as such, are independent from the enforcement of intellectual property rights. The national authorities in charge of those procedures, when examining an application with respect to a generic or biosimilar medicinal product, should not request information concerning the patent status of the reference medicinal product and should not examine the validity of an alleged violation of intellectual property rights should the generic or biosimilar medicinal product be manufactured or placed on the market subsequently to their decision. Consequently, intellectual property issues should neither interfere with nor delay pricing and reimbursement procedures in the Member States.
Amendment 39 #
2012/0035(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1 – introductory part
Article 1 – paragraph 2 – subparagraph 1 – introductory part
This Directive shall apply to measures intended to determine which medicinal products may be included in contractual agreements or public procurement procedures. This Directive shall not apply to the following:
Amendment 41 #
2012/0035(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1 – point a
Article 1 – paragraph 2 – subparagraph 1 – point a
(a) voluntary contractual agreements concluded between public authorities and the holder of a marketing authorisation for a medicinal product that have as their object to enable the effective provision of this medicine to paagreements concluded at the written request of the holder of a marketing authorisation with public authorities which aim at including a medicinal product in the scope of the public health insurance system whilst monitoring elements agreed upfront with the holder of a marketing authorisation to address evidentiary uncertainties related to the effectiventess uander specific conditions appropriate use of the given medicinal product over time;
Amendment 42 #
2012/0035(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
Amendment 93 #
2012/0035(COD)
Proposal for a directive
Article 13 – title
Article 13 – title
Additional proof of quality, safety, efficacy or, bioequivalence or biosimilarity
Amendment 97 #
2012/0035(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
In the framework of pricing and reimbursement decisions, Member States shall not re-assess the elements on which the marketing authorisation is based, including the quality, safety, efficacy or bioequivalence or biosimilarity of the medicinal product.
Amendment 10 #
2011/2149(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Given the nature, complexity and scale of the impact on consumers of financial services, calls for a presumption in the strategy that new legislation should be specific to financial servicestor specific, rather than grouping financial services with other sectors, where consumer needs and behaviour are different;
Amendment 16 #
2011/2149(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Points out that the new European Supervisory Authorities have explicit powers and responsibilities relating to consumer protection in financial services and expects the strategy to reflect and build on these, drawing on existing best practice of national authorities;
Amendment 25 #
2011/2149(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for stronger protection for consumers in cross- border transactions, in particular for on- line products and services;
Amendment 32 #
2011/2149(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Notes the importance to consumers of transparent bank charges, faster transaction times and easier procedures for moving bank accounts;
Amendment 34 #
2011/2149(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Underlines the importance of applying and enforcing existing national and EU legislation;
Amendment 35 #
2011/2149(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Supports the aim of opening up markets and combating protectionist practices in financial services;
Amendment 38 #
2011/2149(INI)
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Calls on the Commission to ensure better coordination between its consumer policies;
Amendment 40 #
2011/2149(INI)
Draft opinion
Paragraph 10 c (new)
Paragraph 10 c (new)
10 c. Welcomes the ongoing work to develop a European system of Alternative Dispute Resolution, using existing national and business systems; believes such a system will enhance the single market and deliver a fair system of redress for the consumer in cross-border disputes, building confidence between the consumer and industry, and avoiding costly litigation for both the industry and consumer.
Amendment 5 #
2011/2117(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission to submit a legislative proposal on the use of alternative dispute resolution (ADR) for online consumer matters in the EU by the end of 2011 and emphasises the importance of its swift adoption; this proposal should respect existing national schemes and avoid any changes to national judicial systems;
Amendment 10 #
2011/2117(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that any proposal from the Commission must be accompanied by a full impact assessment, respecting better regulation rules;
Amendment 17 #
2011/2117(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 25 #
2011/2117(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the need to ensure that European consumers can access ADR systems for transnational as well as national disputes, including on-line sellingfocusing on the on-line market, which is growing rapidly in the EU;
Amendment 28 #
2011/2117(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Points to the importance of rectifying any existing shortcomings with regard to the geographical coverage of ADR in Europe; deplores the major sectoral deficiencies that persist in most Member States, when sector-by-sector coverage would enable the involvement ofile promoting the improvement of a sector-by-sector coverage involving people who understand the way in which a given sector works;
Amendment 33 #
2011/2117(INI)
Draft opinion
Paragraph 6 – introductory part
Paragraph 6 – introductory part
6. Proposes that a single European charterwider non-legislative European charter, respecting current effective national schemes, be drawn up containing the guidelines tohat should be followed in relation to ADR systems established in Europe, these being the following:
Amendment 45 #
2011/2117(INI)
Draft opinion
Paragraph 6 – indent 5
Paragraph 6 – indent 5
– free services: the issue of the cost of ADR should be resolved in order to ensure that such an option is attractive to the parties concerned; a system that is entirely free to the consumer must be considered which should be funded by the industry and include voluntary systems;
Amendment 59 #
2011/2117(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Encourages the Commission to make provision for coordination in respect of transnational consumer disputes in order to facilitate access to, and the coordination of, national ADR systems; encourages the Commission also to establish a one-stop-shop and/or a single European phone numberweb-portal in all official European Union languages to facilitate access for the public to existing ADR systems in their Member State or in other Member States, and to issue clear guidelines on their use;
Amendment 71 #
2011/2117(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Emphasises that it is crucial to raise consumer awareness of the existence of ADR prior to the initiation of a consumer dispute; proposesuggests that this ‘upstream’ information should include a reference in all contractual documents drawn up by professionals to the possibility of recsoursce to ADR, along with contact details and referral procedures for the relevant ADR systems; however, this requirement should avoid extra costs and bureaucracy;
Amendment 80 #
2011/2117(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Recommends, as a potential incentive for enterprises, that a quality label for mediation be introduced in relation to mediation in consumer disputes, which would be associated with guidelines recognising best practices; a cost-benefit analysis should be carried out on this proposal.
Amendment 9 #
2011/2107(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the importance of establishing networks of excellence and of integrating, where appropriate, EU policies and the strategies launched by the Member States, by strengthening the role of regional and local governments;
Amendment 11 #
2011/2107(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls for the Common Strategic Framework to proceed to an administrative simplification through the development of a more standardised set of rules covering all participants in EU research and innovation programmes; agrees with the Commission that European standards are an important step towards bringing research results to the market and for the validation of technologies and that they can play this key role only if they keep pace with the development of technologies and ever faster product development cycles;
Amendment 13 #
2011/2107(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the importance of promoting the establishment of public-private partnerships; calls for JTIs to be simplified in order to avoid channelling a large amount of financial resources into just a few projects, and calls for the state aid rules to be simplified by means of mechanisms such as ‘consent by silence’ and block exemptionsreviewed, so that innovation is not hampered by lengthy processes;
Amendment 18 #
2011/2107(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for unleashing the public sector’s purchasing power to spur innovation through public procurement including pre-commercial procurement that can enable public authorities to share the risks and benefits with suppliers, without involving state aid;
Amendment 21 #
2011/2107(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Underlines the need for the intellectual property rights to guarantee a balance between exploitation and technology transfer and access to and rapid dissemination of scientific results;
Amendment 24 #
2011/2107(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Takes the view that the Commission should allocate part of the research budget to SMEs run by young people and businesswomen, rewarding the establishment of networks or clusters;
Amendment 37 #
2011/2107(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Regrets that academic professionals still encounter obstacles to the free movement of workers such as problems with pension portability; stresses the need for developing a system which actively encourages the mobility of researchers and scientists between European universities and academic centres; underlines that this would stimulate sharing knowledge and would be highly beneficial to innovation and to the emergence of a European knowledge- based economy;
Amendment 40 #
2011/2107(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Welcomes the Commission’s intention to improve framework conditions for business to innovate, in particular with respect to intellectual property rights and the adoption of the EU patent;
Amendment 42 #
2011/2107(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
Amendment 44 #
2011/2107(INI)
Draft opinion
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Recommends that the European Institute of Technology should be fully integrated into the Common Strategic Framework, with the objective of building a European centre of excellence for enterprise and industry which can compete with global academic players in nurturing and promoting EU innovation skills and competitiveness while addressing the brain drain question, attracting international talent and investing in the knowledge growth economy;
Amendment 45 #
2011/2107(INI)
Draft opinion
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. Recalls that the 3% of GDP R&D target is composed of a 2 % (private) and 1 % (public expenditure) share; notes that there are still particular shortcomings in the field of private research spending which can only be overcome by adapting the regulatory environment for companies, including SMEs; supports in particular the Commission’s work to develop a new headline indicator based on the service delivery of innovation as this would be more informative than measuring performance against numerical targets;
Amendment 46 #
2011/2107(INI)
Draft opinion
Paragraph 8 f (new)
Paragraph 8 f (new)
8f. Stresses the need to enhance, stimulate and secure the financing of research, development and innovation in the EU; stresses in particular the need for SMEs and micro-enterprises to have access to affordable finance by increasing the scope for participation in different innovative projects; urges the Commission to take appropriate steps to improve the functioning of the EU’s funding programmes by rewarding enterprises that promote innovative projects; regrets in particular the lack of funding for crucial instruments for research, innovation and development that have already been adopted, such as the Strategic Energy Technology Plan (SET-Plan);
Amendment 47 #
2011/2107(INI)
Draft opinion
Paragraph 8 g (new)
Paragraph 8 g (new)
8g. Stresses the importance of alternative sources of financing for innovative enterprises engaged in research and development, in particular for the financing of projects targeted at bringing the results of R&D to market in collaboration with universities and academic centres; supports in particular the creation of pan-European venture capital instruments, bringing together public and private investment, to create a more effective funding environment for high-growth and innovative SMEs, and encourages the Commission to work with the EIB, EIF and Member State expert bodies to take this work forwards as a priority;
Amendment 48 #
2011/2107(INI)
Draft opinion
Paragraph 8 h (new)
Paragraph 8 h (new)
8h. Welcomes the EU Small Business Innovation Research (SBIR) programme to identify technology-oriented public sector challenges and fund R&D projects to develop new solutions to both old and emerging problems;
Amendment 1 #
2011/2089(INI)
Draft opinion
Recital A
Recital A
A. whereas consumers affected by a legal infringement that wish to pursue a court case in order to obtain redress facehave a wide range of means at their disposal if they wish to settle the dispute out of court and obtain redress, and whereas legal action involves significant barriers in terms of the effectiveness and affordability due to high litigation costsof the procedure, complex and lengthy procedureedings and a lack of information on the available means of redress,
Amendment 3 #
2011/2089(INI)
Draft opinion
Recital B
Recital B
B. whereas individual lawsuits are oftenin some cases not an effective means to stop unlawful practices or to obtain compensation, as some consumers are reluctant to initiate private lawsuits, in particular if the individual loss is small in comparison to the potential costs,
Amendment 11 #
2011/2089(INI)
Draft opinion
Recital C
Recital C
C. whereas 79% of European consumers state that they would be more willing to defend their rights in court if they could join a collective actionthe majority of consumer disputes are resolved through non court- based procedures and, in particular, through various mechanisms of ADR,
Amendment 13 #
2011/2089(INI)
Draft opinion
Recital D
Recital D
D. whereas public enforcement by way of ceasing infringements and imposing fines does not in itself enable consumers to be compensated for damage sufferis the best way of punishing breaches of the law, as society as whole benefits from the compensation obtained,
Amendment 14 #
2011/2089(INI)
Draft opinion
Recital E
Recital E
E. whereas the overall performance of the existing consumer redress and enforcement tools designed at EU level is notcan be deemed satisfactory, so that no further action is necessary,
Amendment 19 #
2011/2089(INI)
Draft opinion
Recital F
Recital F
F. whereas bundling of the claims in a single collective redress procedure, or allowing such a claim to be brought by a representative entity or body acting in the public interest, cwould perhaps simplify the process and reduce costs for the parties involvedindividual plaintiffs, but would at the same lead to an exponential increase in the costs incurred by defendants,
Amendment 20 #
2011/2089(INI)
Draft opinion
Recital G
Recital G
G. whereas despite the integration of European markets and the consequent increase in cross-border activities highlight the need for a coherent EU-wide approach to address the numerous mass detriment cases where consumers are left empty handed as the procedures for the collective claim of compensatory relief which have been introduced in a number of Member States do not provide for cross-border solutionrelatively few mass detriment cases are brought, so that there is no need for an EU-wide approach to address such cases,
Amendment 22 #
2011/2089(INI)
Draft opinion
Recital G a (new)
Recital G a (new)
Ga. whereas collective legal enforcement systems are not part of the legal traditions of most Member States,
Amendment 24 #
2011/2089(INI)
Draft opinion
Recital G c (new)
Recital G c (new)
Gc. whereas experience in this area gained in some countries clearly shows that the mere threat of collective legal action causes undertakings to incur substantial legal costs even if there is no evidence that they have broken the law,
Amendment 25 #
Amendment 26 #
2011/2089(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that, as a consequence of the weaknesses of the current redress and enforcement framework in the EU, a significant proportion of consumers and SMEs who have suffered damage do not obtain redress, and continued illegal practices cause significant aggregate loss to society;
Amendment 33 #
2011/2089(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 36 #
2011/2089(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Points out that, given the diversity of existing national systems, and the lack of a consistent approach to collective redress at EU level may undermine the enjoyment of rights by citizens and businesses,principle of subsidiarity should not be infringed by the creation of a 'one-size-fits-all' system, which would cut across the highly complex and gdives rise to uneven enforcement of such rightsrse legal traditions in the European Union;
Amendment 39 #
2011/2089(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. EmphasiStresses that this situation leads to a significant discrimination in access to justice to the detriment of the internale legal systems and the rules on civil procedures are within the competence of Member States and are considerably different, which would market as consumers and businesses are being treated differently according to their place of residencemmon procedure unachievable; instead, the principle of mutual recognition of judgements in collective actions should be supported;
Amendment 45 #
2011/2089(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that numerous previous consultations have allowed for the identification of the relevant gaps inpros and cons of the existing regulatory framework, thus providing adequate evidence of thebut have not revealed any need for an EU action in the field of collective redress to remedy the current shortcomings;
Amendment 53 #
2011/2089(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls therefore on the Commission to submit a legislative initiative establishing a set of common principles for a collective redress mechanism applicable to both national and cross-border cases, while taking due account of the EU legal tradition and the legal orders of the 27 Member Staterespect the legal orders of the 27 Member States and not to take any further action on the creation of an EU-wide one-size- fits-all collective redress procedure; instead, calls on the Commission to recommend a series of guidelines for the bringing of collective actions, based on ADR, which could be beneficial and could encourage Member States to develop the possibilities given by the national courts to parties who wish to bring collective actions; their flexibility would also mean that they would not give rise to the many difficulties likely to be encountered by a more developed mechanism of collective redress;
Amendment 58 #
2011/2089(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that a momentum forEU harmonisation on European level also arises since certain Member States currently consider possibilities of introducing substantial reforms concerning their collective redress schemesbecomes ever more difficult since the introduction of reforms to collective redress schemes in some Member States shows that this problem can be solved on a national level;
Amendment 70 #
2011/2089(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Stresses that a European approach to collective redress shwould not give anyentail the inherent risk of creating economic incentives to bring abusive collective actions, and should provide for effective safeguards to avoidwhich would give rise to unmeritorious claims and disproportionate costs for businesses, particularly in this period of financial crisis;
Amendment 72 #
2011/2089(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Underlines that an effective collective redress system should beis not normally capable of delivering legally certain, fair and adequate outcomes within a reasonable timeframe, while respecting the rights of all parties involved;
Amendment 74 #
2011/2089(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Emphasises that features which encourage a litigation culture such as punitive damages, contingency fees, the absence of limitations as regards standing, and excessive damages are not compatible with the European legal tradition and shouldmust be avoided at all costs;
Amendment 81 #
2011/2089(INI)
Draft opinion
Paragraph 13
Paragraph 13
Amendment 94 #
2011/2089(INI)
Draft opinion
Paragraph 15
Paragraph 15
15. Considers that the judge should also determine how the compensation is to be organised and check if funding arrangements are fair; stresses that court control mechanisms and proportionality requirements wouldmust protect defendants against abuse of the system;
Amendment 104 #
2011/2089(INI)
Draft opinion
Paragraph 17
Paragraph 17
Amendment 114 #
2011/2089(INI)
Draft opinion
Paragraph 18
Paragraph 18
Amendment 1 #
2011/2084(INI)
Motion for a resolution
Citation 4
Citation 4
– having regard to the relevant case law of the Court of Justice of the European Union1, __________________ 1 In particular the judgments in the following cases: Schindler 1994 (C- 275/92), Gebhard 1995 (C-55/94), Läärä 1999 (C-124/97), Zenatti 1999 (C-67/98), Anomar 2003 (C-6/01), Gambelli 2003 (C- 243/01), Lindman 2003 (C-42/02), Fixtures Marketing Ltd v OPAP 2004 (C-444/02), Fixtures Marketing Ltd v Svenska Spel AB 2004 (C-338/02), Fixtures Marketing Ltd v Oy Veikkaus Ab 2005 (C-46/02), Stauffer 2006 (C-386/04), Unibet 2007 (C-432/05), Placanica and others 2007 (C-338/04, C- 359/04 and C-360/04), Kommission v Italien 2007 (C-206/04), Liga Portuguesa de Futebol Profissional 2009 (C-42/07), Ladbrokes 2010 (C-258/08), Sporting Exchange 2010 (C-203/08), Sjöberg and Gerdin 2010 (C-447/08 and C-448/08), Markus Stoß and others 2010 (C-316/07, C-358/07, C-359/07, C-360/07, C-409/07 and C-410/07), Carmen Media 2010 (C- 46/08) and, Engelmann 2010 (C-64/08), Neukirchinger 2011 (C-382/08), Webb 1981 (C-279/80) and Canal Satélite Digital SL 2002 (C-390/99).
Amendment 15 #
2011/2084(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas gambling services fall under Article 56 TFEU and are thus covered by the rules on the provision of services,
Amendment 18 #
2011/2084(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas gambling services are subject to a number of EU acts such as the Audiovisual Media Services Directive, the Unfair Commercial Practices Directive, the Distance Selling Directive, the Anti- Money Laundering Directive, the Data Protection Directive, the Directive on privacy and electronic communication, and the Directive on the common system of value added tax,
Amendment 24 #
2011/2084(INI)
Motion for a resolution
Recital C
Recital C
C. whereas market fragmentation not only makes it difficult for regulated providers to supply legal offerings on a cross-border basis, but also makes it virtually impossiblefor regulators to protect consumers and combat thepotential crime associated with illegal gambling,
Amendment 38 #
2011/2084(INI)
Motion for a resolution
Recital E
Recital E
E. whereas Article 56 TFEU guarantees the freedom to provide services, but Internet gambling was expressly exempted from the Services Directive because it is not a normal service,
Amendment 42 #
2011/2084(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the many treaty infringement proceedings and European Court of Justice judgments suggestunderline that there is great legal uncertainty in this area,
Amendment 47 #
2011/2084(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas gambling is an economic activity to which internal market rules, namely freedom of establishment and freedom to provide services, apply; while restrictive measures imposed by Member States must be justified, appropriate, proportionate and necessary as laid down by the case-law of the Court of Justice,
Amendment 59 #
2011/2084(INI)
Motion for a resolution
Recital H
Recital H
H. whereas gambling represents a considerable source of revenue for thewhich Member States, for can channel to publicly beneficial and charitable purposes and for the funding of sport,
Amendment 79 #
2011/2084(INI)
Motion for a resolution
Paragraph 1 – point 2
Paragraph 1 – point 2
(2) contain the illegal gambling market"black market" as defined in the Commission Green Paper,
Amendment 98 #
2011/2084(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underscores the standpoint of the European Court of Justice12, that the 12 Carmen Media 2010 (C-46/08). 12 Carmen Media 2010 (C-46/08). Internet is simply aa unique channel for offering games of chance with sophisticated technologies that can be used to protect consumers and to maintain public order;
Amendment 103 #
2011/2084(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is of the opinion that the gambling sector has been very much shaped by the Member States' different traditions and cultures and that gambling markets are very differently regulated, giving the subsidiarity principle a particularly important role in this sector; notes however that Member States must comply with the rules of the internal market;
Amendment 110 #
2011/2084(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is of the opinion that attractive, legalwell regulated provision of gambling offeringservices on the Internet could considerably rein in the unlicensed black market and also increase government revenue;
Amendment 118 #
2011/2084(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Rejects, accordingly, any European legislative act uniformly regulating the entire gambling market, but nonetheless takes the view that, in some sectors, a uniform European approach would be appropriateTakes the view that, a common and consistent European approach would be appropriate to regulate the gambling sector in Europe and to provide European consumers with a minimum standard of consumer protection which is essential given the cross-border nature of online gambling services;
Amendment 142 #
2011/2084(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Insists, however, that Member States which open up the Internet gambling market must ensure complete transparency and make non-discriminatory competition possible; suggest, in this instance, to the Member States that they introduce a licensing model which makes it possible for any European gambling provider meeting the conditions imposed by Member States to apply for a licence and which avoids additional administrative burdens by avoiding the duplication of requirements and controls;
Amendment 153 #
2011/2084(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is of the opinion that the principle of mutual recognition of licences on the gambling market does not apply, but that nevertheless, in keeping with the internal market, simplified licence application procedures should be set up in someduly recognizing requirements and controls that have been carried out in other Member States;
Amendment 167 #
2011/2084(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls - in keeping with the principle of ‘active subsidiarity’ - for a common regulatory framework laying down binding high-level minimum standards with regard to preventing gambling addiction and betting fraud and to protecting young people; states that, where a provider complies with those minimum standards, the other Member States should recognise this accordingly, but may set further conditions; is of the opinion that a pan- European code of conduct for Internet gambling could be a first stepsuch as the CEN Workshop Agreement could be a first step towards such a framework;
Amendment 186 #
2011/2084(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission and the Member Sts guardian of the Treaties, into concert,tinue to carry out effective checks on compliance with the conditions set by Member StatesEU law and to penalise infringements;
Amendment 229 #
2011/2084(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that betting on, in particular, minor-sports competitions may represent a risk to the integrity of sport; is therefore of the view that sport fraud anda common definition of sport fraud and cheating should be developed and that betting fraud should be penalised throughout Europe;
Amendment 238 #
2011/2084(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Stresses the importance of education in sports and urges Member States and sports federations to ensure that rules on sports betting are in place and that players both at professional and amateur levels are fully informed;
Amendment 264 #
2011/2084(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Points toUnderlines that advertising bans of online gaming services at major sporting events are ineffective; emphasizes the need for pragmatic solutions with regard to advertising for, and sponsoring of, sports events by Iinternet gambling providers; is of the opinion that common advertising standards should be adopted whichoperators; calls for the adoption of advertising standards that sufficiently protect vulnerable consumers, but at the same time whilst makeing sponsorship of international events possible, and that advertising bans are in any case ineffectivsports events by internet gambling operators possible;
Amendment 4 #
2011/2082(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the current VAT system in the EU, which has been in place for 17 years, has been described as provisional with an expectation to move to a new system in due course; whereas the new initiative of the Commission's Green Paper is only the beginning of a procedure which is likely to be long, difficult and complex, and whose success will depend on real determination by Member States to develop a ‘simpler, more robust and efficient’ system based on close cooperation and exchange of best practices between Member States, whose sovereignty in tax matters should be maintained,
Amendment 18 #
2011/2082(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls upon Member States to gradually move towards a ‘broad based’ VAT system2 ;
Amendment 22 #
2011/2082(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that one of the key features of VAT is the principle of neutrality3 , and that since VAT is a final consumption tax, businesses should not bear the burden of the VAT; points out that Member States should ensure that in principle all commercial transactions are taxed as far as possible and that any exemptions are construed narrowly, whilst also ensuring that similar goods and services are subject to the same VAT treatments as defined at the national level by the tax authorities of each EU Member State;
Amendment 38 #
2011/2082(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls upon the Member States to further narrow the standard rate band to 18-25%, in consideraprovide better information and guidance on national rules, including areas where treatment is not uniform; notes that the Treaty commits Member States to the harmonisation of indirect taxation only to the extent that it is necessary to ensure the functioning of the converging trend of VAT standard ratsingle market and it is evident that differences in interpretation and inconsistent application of the VAT Directive across the 27 Member States cause problems for businesses;
Amendment 46 #
2011/2082(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls upon Member States to harmonisebetter coordinate their administrative practices by focusing on exchanging best practices on an ongoing basis and to implement the measures proposed by the Commission in 20094 to reduce the administrative burdens from EU legislation in the area of VAT, notably by abolishing the annual summarising VAT return and intra-EU acquisition listings, reducing the frequency of the periodic VAT returns, simplifying the proof required for the VAT export exemption, abolishing ‘nil’ intra-EU sales listings, increasing the use of e- government solutions – in particular for the electronic submission of VAT returns and lists – and abolishing interest and penalty payments on VAT related to errors of form if the individual legal entity has not caused the Member State in question to suffer any shortfall in VAT revenue;
Amendment 48 #
2011/2082(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls upon the Commission to present a proposal for a Standard European Invoice based on a linguistically neutral template so as to facilitate cross-border transactionsMember States and the Commission, working with businesses, to take a critical look at the Commission’s Action Plan in order to ensure the primary objective of the ‘Better Regulation’ agenda, to reduce administrative burdens by 25% by 2012, is met. It is clear that the measures in the Commission Action Plan for VAT with the biggest potential impacts have already either been adopted by the Council or are currently under discussion. The remaining measures may reduce some business administrative burdens in the EU, but the benefits may not be universal across the EU;
Amendment 54 #
2011/2082(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls upon Member States to agree at EU level in the short/medium-term on a maximum set of standardised VAT obligations that may be imposed by Member States upon businesse, working with businesses, to examine VAT obligations and administrative practices and identify key business irritants in the current VAT system and to share ideas and ‘best practice’ approaches to simplify it, improve clarity and reduce administrative burdens and trade barriers;
Amendment 63 #
2011/2082(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 66 #
2011/2082(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 68 #
2011/2082(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Considers that businesses need clear and unambiguous EU VAT rules to support cross-border activities and minimise administrative burdens and therefore costs for business; calls upon Member States and the Commission to increase quality and clarity by: - producing comprehensive and high quality impact assessments, with EU businesses engaged as part of that process, to support legislative proposals; - keeping in touch with businesses at the national level during the negotiations and in the implementation phases; - using Council Regulations to support Council Directives in areas where this would provide additional clarity; - providing excellent, timely and accessible information and guidance on national rules, including at the EU level, particularly in areas where treatment is not uniform; - looking to opportunities to use technology to disseminate information on an EU-wide basis; Sharing ‘best practice’ ideas and approaches in the EU Forum or VAT Committee; - involving business, possibly in a role of external experts, in support of aspects of the work of the VAT Committee at EU level; - generally by increasing the involvement of businesses in the processes thereby bringing in the knowledge of business, operating as the unpaid tax-collectors and dealing with intra-community transactions on a daily basis;
Amendment 2 #
2011/2071(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes the need to distinguish between Eurozone countries, those countries not in the Eurozone but committed to join the Euro, and those countries not committed to join the Eurozone;
Amendment 19 #
2011/2071(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Recognises the obligations of individual member states under the TFEU and taking into account protocols thereto, including protocol 15.
Amendment 1 #
2011/2019(BUD)
Draft opinion
Recital A
Recital A
A. whereas the regulation on the citizens’ initiative, which is due to enter into force on 31 March 2011 and to be implemented as from 1 April 2012, requires a thoroughn effective and efficient communication policy and appropriate operating conditions,
Amendment 4 #
2011/2019(BUD)
Draft opinion
Recital B
Recital B
B. whereas a proper communication policy should be based on relevant information for the public, such as the steps taken to face up to the euro crisis, the reform of the European electoral system, and the prospects for EU enlargement and the benefits of better integration,
Amendment 6 #
2011/2019(BUD)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas the Heads of State and Government of France, Finland, Germany, the Netherlands and the UK have previously written in December 2010 to the President of the European Commission to express their view that European public spending cannot be exempt from the considerable efforts made by the Member States to bring their public finances under control,
Amendment 9 #
2011/2019(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that, in order for EU citizens to understand the benefits of further European integration and to be brought closer to Europe, it is crucial to inform themt is important to inform citizens, through a comprehensive communication policy, of the EU policies that most directly affect their everyday lives;
Amendment 11 #
2011/2019(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that European political parties and foundations should continue to receive adequate funding, not least with a view to future European electionin view of their role as umbrella organisations for national parties.
Amendment 13 #
2011/2019(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines the need for the budget of the European Union to reflect the fiscal reality found in many, if not all, of the Member States, where a period of national budgetary consolidation is necessary; Urges all parties to consider this strongly, and to respect budgetary discipline and responsibility in future negotiations.
Amendment 15 #
2011/2019(BUD)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
Amendment 17 #
2011/2019(BUD)
Draft opinion
Paragraph 3c (new)
Paragraph 3c (new)
3c. Considers that institutional and administrative expenditures, such as travel allowances and expenses, should come under greater inspection to ensure all spending is necessary and delivers a quality return for the taxpayer.
Amendment 1 #
2011/2013(INI)
Draft opinion
Recital A
Recital A
A. wWhereas contract law is at the heart of all national rules governing the behaviour of businesses and consumers in their markets; whereas the internal market remains fragmented, owing to the existence of 27 different legal systems and the risks and costs inherent in cross- border transacthe Single Market remains fragmented, owing to many factors, including failure to implement existing Single Market legislations,
Amendment 8 #
2011/2013(INI)
Draft opinion
Recital B
Recital B
B. whereas a common European Contract Law would benefittoolbox, to create more coherent and consistent legislation and standard terms and conditions, would benefit businesses and consumers in particular, since they would be able to greater exploit the advantages of the internal market to the fullSingle Market,
Amendment 12 #
2011/2013(INI)
Draft opinion
Recital C
Recital C
C. whereas in its Green Paper1 the Commission sets out a range of options for a European contract law instrument which could help the EU to recover from the economic crisis, develop entrepreneurship and strengthen public confidence in the Sinternal mgle Market,
Amendment 15 #
2011/2013(INI)
Draft opinion
Recital D
Recital D
D. whereas the negotiations on the consumer protection directive2 illustrated just how difficult it is to fully harmonise contract lawsumer protection contract law, due to its complexities, without undermining the common commitment to a high level of consumer protection in Europe and what limits this imposes on the process,
Amendment 20 #
2011/2013(INI)
Draft opinion
Recital E
Recital E
E. whereas the end product, a European Contract Law, must be must be realistic, feasible, proportionate and properly thought through prior to being amended, if necessary, and formally adopted by the European co-legislator if this process is to enjoy political legitimacy and supports,
Amendment 25 #
2011/2013(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomStresses the need for an open debate on all the policy options included in the Green Paper and urges the relevant Commission departments to carry out a thorough analysis of the outcome of this consultation process; further stresses the need for a thorough impact assessment to determine how all parties, including SMEs, will be impacted and detailed estimates of the cost of implementation of each Commission proposal;
Amendment 26 #
2011/2013(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that a thorough impact assessment, which investigates all the policy options in the Green paper equally, including the possibility of taking no action, must be scrutinised in depth by the European Parliament and all associated committees before a recommendation is finally chosen and before work on the policy option begins;
Amendment 30 #
2011/2013(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Takes the view that the development of an optional European Contract Law could do mucha toolbox, to create more consistent and coherent legislation and standard contract terms and conditions, could be a proportionate and realistic method to improve the functioning of the Sinternal market and that Parliament and the Council should have final responsibility fgle Market; Stresses that an option that goes further than a toolbox should not be supported; Recalls that there are many other practical barriers to cross-bor determining its legal form and scoper trade, including language, delivery, cost, consumer preference and culture, which cannot be resolved by contract law;
Amendment 40 #
2011/2013(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes the view that the development of a European Contract Law would constitutes an additional, and extremely costly separate legal system governing cross-border contracts, although the Member States should be given the option of applying it to contracts concluded under their domestic law as wellwhich would add an additional layer of complexity and be difficult for a consumer to give informed consent to use, while a toolbox, to create more consistent and coherent legislation and standard contract terms and conditions would not, and would therefore be a much more realistic, proportionate and feasible solution;
Amendment 44 #
2011/2013(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Is convinced that a common European Contract Lawtoolbox, to create more consistent and coherent legislation and standard contract terms and conditions, would make the Sinternal mgle Market more efficient without affecting Member States'´ complex national systems of contract law and the operation of other areas of national law, including tort law, property law and intellectual property law;
Amendment 50 #
2011/2013(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes the view that Articles 114 and 169 or 352 of the Treaty on the Functioning of the European Union would constitute the appropriate legal basis for an instrument regulating business-to-business (B2B) and business- to-consumer (B2C) contracthe question of whether there is a legal basis for an optional instrument of European Contract Law is unclear and that an early resolution of this issue is essential to establish whether the EU has competence to create such an instrument and in order to avoid uncertainty for contracting parties, the risk of challenge by the Court of Justice of the European Union or by national constitutional courts;
Amendment 54 #
2011/2013(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. NotEmphasises that the contract law provisions governing B2B and B2C contracts respectively should be framed differently, out of respect for the shared traditions of national legal systems and in order to place special emphasis on the protection of the weaker contractual party, namely consumerstraditions of national legal systems should be respected and that special emphasis should be placed on protection and the need for informed consent of the weaker contractual party, namely consumers; However, stresses that any new initiative must provide added value to businesses in order for them to opt to use it;
Amendment 57 #
2011/2013(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Emphasises the particular importance of facilitating e-commerce in the EU, given that this sector is underdeveloped, as a result of differences between national contract law systems, and has rightly been identified by businesses and consumers as a potential motor for and stresses that it is necessary to assess whether differences between national contract law systems could represent an obstacle to future growth;
Amendment 61 #
2011/2013(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Points out that individuessential components of consumer law applied to contract laws are already spread across various sets of European rules, soand that it would make sense to consolidate them into a European Contract Lawmportant parts of the consumer acquis are likely to be consolidated in the Consumer Rights Directive; pPoints out, further, that these existing sets of rules illustrate the need for a clearly structured, that the aforementioned Directive would provide a uniform body of law which consumers and businesses can readily identify; therefore, stresses the importance of waiting until the outcome of the Consumer Rights negotiations before any recommendation is made;
Amendment 68 #
2011/2013(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Takes the view that the regulatory focus of a European Contract Law should be the principlefocus of standard contract terms uanderpinning contracts: in the case of consumer contracts, the focus should be conditions should focus on the law governing sales, and, where appropriate, service and works contracts and the general provisions should contain rules on the definition of a contract, pre-contractual obligations, the procedures for concluding contracts, representation, grounds of nullity, that such a toolbox should not prevent consumers from the protection granted by the existing rules of private interpretnation of contracts, the performance of contracts, rights and obligations, in particular warranty rights, under a contract, the right of withdrawal, termination, statutory limitation, etc.al law (Rome I and Rome II regulations);
Amendment 74 #
2011/2013(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Is convinced that the lawstandard form terms and conditions should be balanced, simple, clear, transparent and user-friendly and should not employ vague legal terms, so that European consumers in particular can understand it, althoughconsumers can understand them and to ensure that they will still receive protection of the mandatory rules of consumer protection in their Member State; Stresses, however, that due account should be taken of the potential interests of both (or all) parties toin a given contract;
Amendment 79 #
2011/2013(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Points out that consumers must give their explicit consent to the application of the European law and that the relevant provisions must not be introduced implicitly, for example by means of standard form contractsstandard form terms and conditions and that they should be informed that they would retain the same level of consumer protection provided by their own Member State;
Amendment 83 #
2011/2013(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Takes the view that a European Contract Lawthe toolbox in the B2C sphere must establish a very high level of consumer protection and that, should Member States nevertheless guarantee a higher level of protection, the annex to the law should make this explicitly clear;
Amendment 86 #
2011/2013(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Emphasises that the supreme test of the effectiveness of any final instrumentpolicy is the Sinternal mgle Market itself; invites the Commission to consider how best to encourage businessmen and consumers to make use of the new lawtoolbox and standard terms and conditions voluntarily; emphasises the need to include rules on the provision of appropriate information concerning its existence and the way it works to all potential interested parties and stakeholders (including national courts).
Amendment 4 #
2011/2010(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that the adoption of a commona common framework for Insurance Guarantee Schemes (IGSs) at EU levelcross the EU and the adjustment of the diverse IGS regimes existing in Member States would effectively improve citizens' confidence, protect consumers' and taxpayers' rights and enhance market stability, in the insurance sector in particular and in internal market and financial services in general; therefore welcomes the Commission's initiative to establish an IGS at European level common framework;
Amendment 11 #
2011/2010(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges that the most realistic and useful approach at the moment is the establishment of a coherent and legally binding framework of IGS protection based on minimum harmonisation, which should not undermine the protection already offered by some Member States, with a view to achieving maximum harmonisation at a latehilst important consumer provisions should be harmonised to maximum level, including the home Member State principle, compensation limits and payout period for estageblished and quantified claims;
Amendment 15 #
2011/2010(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Argues that in order to ensure comprehensive protection for policyholders and beneficiaries, the IGS should not be the last-resort mechanism, and urges the Commission to retain and take into account other existingConsiders that the function of an IGS should be a mechanism of last resort in order to provide continuity of protection for policyholders and beneficiaries; believes that an IGS should be able to intervene when other protection mechanisms have failed;
Amendment 19 #
2011/2010(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that future IGSs should be based on the home Member State principle for cross-border insurance branches and provide a high degree and equal level of consumer protection for all natural persons – whether policyholders or other beneficiaries – covered by all types of insurance contract (life and non-life), especially in the event of insurer bankruptcy, insurer or intermediary mis- selling, or fraud;
Amendment 27 #
2011/2010(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that the IGSs should give policyholders an opportunity to choose between financial compensation and transfer of their insurance contract; considers that EU law on IGSs should ensure swift maximum compensation for non-life compulsory insurance and 90% of the amount of cost of losses in life and non-compulsory non-life insurance, or a portfolio transfer, where appropriate, whereby the policyholder would not suffer any loss of rights and privileges emanating from the policy;
Amendment 31 #
2011/2010(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Believes that funding arrangements for IGSs should be based on both ex-ante and ex-post funding; recognises that failing insurance companies should also have contributed to the contingency funding which should be in place in case of insurer failuredetermined by national authorities; considers it necessary to await the outcome of the wider debates at European level on funding requirements for insurance entities before such arrangements are determined;
Amendment 1 #
2011/0817(NLE)
Motion for a resolution
Recital F
Recital F
Amendment 2 #
2011/0817(NLE)
Motion for a resolution
Recital G
Recital G
Amendment 2 #
2011/0817(NLE)
Motion for a resolution
Recital G
Recital G
Amendment 3 #
2011/0817(NLE)
Motion for a resolution
Recital H
Recital H
Amendment 4 #
2011/0817(NLE)
Motion for a resolution
Recital I
Recital I
Amendment 4 #
2011/0817(NLE)
Motion for a resolution
Recital H
Recital H
Amendment 5 #
2011/0817(NLE)
Motion for a resolution
Recital J
Recital J
Amendment 5 #
2011/0817(NLE)
Motion for a resolution
Recital I
Recital I
Amendment 6 #
2011/0817(NLE)
Motion for a resolution
Recital K
Recital K
Amendment 6 #
2011/0817(NLE)
Motion for a resolution
Recital J
Recital J
Amendment 7 #
2011/0817(NLE)
Motion for a resolution
Recital L
Recital L
Amendment 8 #
2011/0817(NLE)
Motion for a resolution
Recital M
Recital M
Amendment 9 #
2011/0817(NLE)
Motion for a resolution
Recital N
Recital N
Amendment 9 #
2011/0817(NLE)
paragraph 120.
Amendment 10 #
2011/0817(NLE)
Motion for a resolution
Recital P
Recital P
Amendment 11 #
2011/0817(NLE)
Motion for a resolution
Recital Q
Recital Q
Amendment 12 #
2011/0817(NLE)
Motion for a resolution
Recital R
Recital R
R. Parliament, in a spirit of sincere cooperation, is duty bound to give its opinion to the European Council on all Treaty changes proposed, irrespective of their significance, but is in no way bound to agree with the European Council,
Amendment 13 #
2011/0817(NLE)
Motion for a resolution
Recital S
Recital S
Amendment 13 #
2011/0817(NLE)
Motion for a resolution
Recital L
Recital L
Amendment 14 #
2011/0817(NLE)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Acknowledges its consultation by the European CounciCalls on the European Council to examine the proposed amendment of the Treaties in order to annex to the Treaty on European Union and the Treaty on the Functioning of the European Union a Protocol on the examinapplication of the proposed ameCharter of Fundament of the Treatiesal Rights of the European Union to the Czech Republic;
Amendment 17 #
2011/0817(NLE)
Motion for a resolution
Recital M
Recital M
Amendment 20 #
2011/0817(NLE)
Motion for a resolution
Recital O
Recital O
Amendment 21 #
2011/0817(NLE)
Motion for a resolution
Recital P
Recital P
Amendment 22 #
2011/0817(NLE)
Motion for a resolution
Recital Q
Recital Q
Amendment 25 #
2011/0817(NLE)
Motion for a resolution
Recital R
Recital R
Amendment 27 #
2011/0817(NLE)
Motion for a resolution
Recital T
Recital T
Amendment 28 #
2011/0817(NLE)
Motion for a resolution
Recital U
Recital U
U. Parliament, in a spirit of sincere cooperation, is duty bound to give its opinion to the European Council on all Treaty changes proposed, irrespective of their significance, but is in no way bound to agree with the European Council,
Amendment 29 #
2011/0817(NLE)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the European Council to decide not to examine the proposed amendment of the Treaties in order to annex to the Treaty on European Union and the Treaty on the Functioning of the European Union a Protocol on the application of the Charter of Fundament of the Treatiesal Rights of the European Union to the Czech Republic;
Amendment 99 #
2011/0374(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should apply to the out-of-court resolution of disputes concerning contractual disputeobligations between consumers and traders thatresident in the Union and traders established in the Union ariseing from the cross-border online sale of goods or provision of services by traders across borders. This should include disputes arising from the sale or provision of digital content for remuneration. It should not apply to disputes between consumers and traders that arise from the online sale of goods or provision of services contracts or services contracts if at least one of them is not established or resident in a Member State of the Union at the time when the consumer orders such goods or services or the trader and the consumer are established or resident in the same Member State.
Amendment 104 #
2011/0374(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) This Regulation should not apply to disputes between consumers and traders that arise from the cross-border sale of goods or provision of services offline. This Regulation should not apply to disputes between traders or to complaints submitted by traders against consumers.
Amendment 115 #
2011/0374(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) An ODR system at European level should build on existing ADR entities in the Member States and respect Member States' legal traditions. ADR entities to which a complaint has been transmitted via the ODR platform should therefore apply their own rules of procedure, including rules on cost. However, this Regulation intends to establish some common rules applicable to those procedures that will safeguard their effectiveness. This should include rules ensuring that such dispute resolution is accomplished expeditiously.
Amendment 119 #
2011/0374(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) A network of online disputODR contact points should be resolution facilitators should provide support to the resolution of disputes relating to complaints submitted via the ODR platform. That network should be composed of contact points for ODR in the Member States which host online dispute resolution facilitatorstablished to provide support to consumers seeking to resolve their dispute with a trader through the ODR platform. ODR contact points should assist with the submission of the complaint and provide general information in relation to online dispute resolution procedures. ODR contact points should not be obliged to translate any documents or obliged to resolve disputes directly.
Amendment 123 #
2011/0374(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Traders that engage in online cross- border sales who are obliged to use an ADR entity under national legislation or who commit to use an ADR entity or ADR entities should inform consumers on their websites about the existence of the ODR platform and provide an electronic link to its homepage. They should also provide such information when a consumer submits a complaint to the trader, a consumer complaint handling system operated by the trader or a company ombudsman. This obligation should be without prejudice to Article 10(1)-(3) of Directive .…/….../.../EU [Office of Publications insert reference number] concerning the information of consumers by traders about the ADR procedures by which those traders are covered and about whether or not they commit to use alternative dispute resolution procedures to resolve disputes with consumers. Furthermore, this obligation should be without prejudice to Articles 6(1)(t) and 8 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights18 . Article 6(1)(t) of Directive 2011/83/EU stipulates for consumer contracts concluded at a distance or off premises that the trader has to inform the consumer about the possibility of having recourse to an out- of-court complaint and redress mechanism to which the trader is subject, and the methods for having access to it, before the consumer is bound by the contract.
Amendment 130 #
2011/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation shall apply to the out-of- court resolution of contractual disputes arising from the cross-border online sale of goods or provision of services between consumers and traders through the intervention of an alternative dispute resolution entity complying with Directive [Office of Publications please insert number of Directive of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)] and involving the use of a European online dispute resolution platform. This Regulation shall not apply to disputes submitted by a trader against a consumer.
Amendment 133 #
2011/0374(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) ‘"online sale of goods or provision of services’" means a transaction for the sale of goods or provision of services which are covered by Directive .../... EU [Office of Publications please insert number of Directive of the European Parliament and the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/ED (Directive on Consumer ADR)] where the trader, or the trader's intermediary, has offered goods or services on a website or by other electronic means and the consumer has ordered such goods or services on that website or by other electronic means; "
Amendment 134 #
2011/0374(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point g – introductory part
Article 4 – paragraph 1 – point g – introductory part
(g) ‘"alternative dispute resolution procedure’" (hereinafter ‘"ADR procedure’") means a procedure for the out- of-court resolution of a dispute through the intervention of a dispute resolutionn ADR entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution as referred to in Article 2 of Directive [Office of Publications insert number of Directive of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)] and is carried out by an ADR entity;
Amendment 136 #
2011/0374(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point g – paragraph 1
Article 4 – paragraph 1 – point g – paragraph 1
Amendment 139 #
2011/0374(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) ‘"alternative dispute resolution entity’," (hereinafter ‘"ADR entity’") means an entity covered bythat has been listed in accordance with Article 4(e17(2) of Directive [Office of Publications insert number of Directive of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)] which has been communicated to the Commission in accordance with Article 17(2) of that Directive;.
Amendment 140 #
2011/0374(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point i
Article 4 – paragraph 1 – point i
Amendment 142 #
2011/0374(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point j
Article 4 – paragraph 1 – point j
Amendment 167 #
2011/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Each Member State shall designate one ODR contact point and communicate its name and contact details to the Commission. Member States may confer responsibility for the ODR contact points on their centres of the European Consumer Centre Network, on consumer associations or on any other body. Each ODR contact point shall host at least two online dispute resolution facilitators (hereinafter ‘ODR facilitators’)..
Amendment 169 #
2011/0374(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The ODR facilitatorcontact points shall provide support to the resolution of disputes relating to complaints submitted via the platform by fulfilling the following functions:
Amendment 181 #
2011/0374(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 184 #
2011/0374(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shall at least once every year convene a meeting of members of the ODR facilitators'contact points network in order to permit an exchange of best practice, and a discussion of any recurring problems encountered in the operation of the ODR platform.
Amendment 186 #
2011/0374(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The Commission shall adopt the rules concerning the modalities of the cooperation between the ODR facilitatorcontact points through implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(3).
Amendment 188 #
2011/0374(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. In order to submit a complaint to the ODR platform the complainant partynsumer shall fill in the electronic complaint form which shall be available on the platform's website. The complainant partynsumer may attach to the complaint form any documents in electronic form in support of his complaint.
Amendment 190 #
2011/0374(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The information to be submitted by the complainant partynsumer shall be sufficient to determine the competent ADR entity. This information is described in the Annex.
Amendment 194 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. Upon receipt of a fully completed complaint form, the ODR platform shall communicate to the complainant party, in the language of the complaint, and send by e-mail to the respondent party, in the language of the contracttransmit to the trader, in the language of the contract or website, the following:
Amendment 197 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) the information that the parties have to agree on one competent ADR entity in order for the complaint to be transmitted to inature and the grounds of the complaint;
Amendment 199 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a a (new)
Article 8 – paragraph 2 – point a a (new)
Amendment 205 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) the information that in the event that the parties fail to agree on one competent ADR entityan invitation to the trader to state, within seven days from receiving the communication, whether he is obliged by national law or that no competent ADR entity is identified, the complaint shall not be processed furthers committed to use a specific ADR entity and, if applicable, if he is willing to use another ADR entity stated in the list referred to in (c);
Amendment 206 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b a (new)
Article 8 – paragraph 2 – point b a (new)
(ba) the information that in the event that the consumer chooses an ADR entity the trader is obliged, has committed or is willing to use, the platform shall automatically transmit the complaint to that ADR entity;
Amendment 207 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b b (new)
Article 8 – paragraph 2 – point b b (new)
(bb) the information that in the event that the parties fail to agree on one competent ADR entity or that no competent ADR entity is identified, the complaint shall not be processed further;
Amendment 208 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) a list of all competent ADR entities, if any are identified;. The list shall include a description of the following characteristics of each entity:
Amendment 210 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c – point i (new)
Article 8 – paragraph 2 – point c – point i (new)
i) the name and website address of the ADR entity;
Amendment 212 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c – point ii (new)
Article 8 – paragraph 2 – point c – point ii (new)
ii) the language or languages in which the procedure will be conducted;
Amendment 214 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c – point iii (new)
Article 8 – paragraph 2 – point c – point iii (new)
iii) the average length of the ADR procedure;
Amendment 216 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c – point iv (new)
Article 8 – paragraph 2 – point c – point iv (new)
iv) the binding or non-binding nature of the outcome of the procedure
Amendment 218 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c – point v (new)
Article 8 – paragraph 2 – point c – point v (new)
v) the grounds on which the ADR entity may refuse to deal with a given dispute
Amendment 221 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point e
Article 8 – paragraph 2 – point e
Amendment 223 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point f
Article 8 – paragraph 2 – point f
Amendment 225 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point g
Article 8 – paragraph 2 – point g
Amendment 228 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. The communicUpon receipt from the trader of the information referred to in paragraph 2(b) the platform shall, include a description of the following characteristics of each entity the language of the complaint, communicate to the consumer the following:
Amendment 229 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) their fees, if applicable; information that the parties have to agree on one competent ADR entity in order for the complaint to be transmitted to it;
Amendment 230 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) the language or languages in which the procedure will be conductedinformation that in the event that the consumer chooses an ADR entity the trader is obliged, has committed or is willing to use, the platform shall automatically transmit the complaint to that ADR entity;
Amendment 231 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) the approximate length of the procedureinformation that in the event that the parties fail to agree on one competent ADR entity or that no competent ADR entity is identified, the complaint shall not be processed further;
Amendment 234 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point d
Article 8 – paragraph 3 – point d
(d) the need for the physical presence of the parties or of their representatives, if applicableinformation that in the event that the parties fail to agree on one competent ADR entity or that no competent ADR entity is identified, the complaint shall not be processed further;
Amendment 235 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point e a (new)
Article 8 – paragraph 3 – point e a (new)
(ea) an invitation to the consumer to select, within seven days from receiving the communication, the ADR entity or, if applicable, one of the ADR entities stated by the trader in accordance with paragraph 2(b), specifying that there is no obligation on the consumer to make such a selection;
Amendment 236 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point e b (new)
Article 8 – paragraph 3 – point e b (new)
(eb) the information, that if the consumer makes a selection the complaint will be automatically transmitted to the ADR entity selected by the parties.
Amendment 237 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point e
Article 8 – paragraph 3 – point e
(e) the binding or non-binding nature of the outcome of the procedure. ADR entity or, if applicable, the ADR entities which the trader has stated in accordance with paragraph 2(b), including a description of the following characteristics of that entity or, if applicable, each of those entities:
Amendment 238 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point e – point i (new)
Article 8 – paragraph 3 – point e – point i (new)
i) the name and website address of the ADR entity;
Amendment 239 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point e – point ii (new)
Article 8 – paragraph 3 – point e – point ii (new)
ii) the language or languages in which the procedure will be conducted;
Amendment 240 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point e – point iii (new)
Article 8 – paragraph 3 – point e – point iii (new)
iii) the average length of the ADR procedure;
Amendment 241 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point e – point iv (new)
Article 8 – paragraph 3 – point e – point iv (new)
iv) the binding or non-binding nature of the outcome of the procedure;
Amendment 242 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point e – point v (new)
Article 8 – paragraph 3 – point e – point v (new)
v) the grounds on which the ADR entity may refuse to deal with a given dispute
Amendment 245 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Where the parties fail to reply to the platform or to agree on one competent ADR entity, the complaint shall not be processed further. The consumer shall be informed of the possibility of contacting an ODR facilitator for information on other means of redresUpon receipt from the consumer of the information referred to in paragraph 3(e) the platform shall automatically transmit the complaint to the ADR entity selected by the parties.
Amendment 247 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Where the choice of the consumer corresponds to an ADR entity the trader has committed to usparties fail to reply to the platform or to agree ion accordance with Article 10(1) of Directive …./…/EU[Office of Publications please insert number of Directive of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Directive 2009/22/EC (Directiveone competent ADR entity within 30 days, the complaint shall not be processed further. The consumer shall be informed of the possibility onf consumer ADR)] or where the parties choose the same ADR entity in their replies, the platform shall automatically transmit the complaint to that ADR entitytacting an ODR contact point for general information on other means of redress.
Amendment 249 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 250 #
2011/0374(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
ADR entities to which a complaint has been transmitted in accordance with Article 8 shall: without undue delay transmit the date of the conclusion and the result of the procedure to the ODR platform.
Amendment 251 #
2011/0374(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
Amendment 252 #
2011/0374(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
Amendment 256 #
2011/0374(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
Amendment 260 #
2011/0374(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Traders established within the Union that engaginge in the cross-border online sale of goods or provision of services shall inform consumers about the ODR platform and about their e-mail address. This information shall be made easily, directly, prominently and permanentand who are obliged to use an ADR entity under national legislation or who commit to use an ADR entity or ADR entities shall inform consumers on their website about the existence of the ODR platform and provide an electronic link to its website. This information shall be mentioned in a clear, comprehensible and easily accessible way on the traders' websites and, if the offer is made by e-mail or another textual message transmitted by electronic means, in that message. It shall include an electronic link to the ODR platform's homepage. TSuch traders shall also inform consumers about the ODR platform in response to a consumer complaint when the consumer submits a complaint to the trader, a consumer complaint handling system operated by the trader or to a company ombudsman.
Amendment 265 #
2011/0374(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The provisions in paragraph 1 are without prejudice to the provisions in Article 10 of Directive …./…..../.../EU [Office of Publications please insert number of Directive of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)] concerning the information of consumers by traders about the ADR procedurentity or ADR entities by which those traders are covered and about whether or not those traders commit to use alternative dispute resolution procedurthese ADR entities to resolve disputes with consumers.
Amendment 267 #
2011/0374(COD)
Proposal for a regulation
Annex 1 – point 1
Annex 1 – point 1
(1) Name, address and, if applicable, e- mail and website address of the complainant partynsumer;
Amendment 268 #
2011/0374(COD)
Proposal for a regulation
Annex 1 – point 2
Annex 1 – point 2
Amendment 269 #
2011/0374(COD)
Proposal for a regulation
Annex 1 – point 3
Annex 1 – point 3
(3) Name, address and, if applicable, e- mail and website address of the respondent partytrader;
Amendment 270 #
2011/0374(COD)
Proposal for a regulation
Annex 1 – point 4
Annex 1 – point 4
Amendment 131 #
2011/0373(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Alternative dispute resolution offers a simple, fast and low-cost out-of-court solution to disputes between consumers and traders. However, alternative dispute resolution is not yet sufficiently developed across the European Union. In order for consumers to fully exploit its potentialTo improve the functioning of the Single Market, it is necessary that alternative dispute resolution is available for all types of consumer disputes, quality levels of ADR procedures are even and consumers and traders are aware of such procedures. It is also necessary that ADR entities handle cross-border disputes effectively.
Amendment 135 #
2011/0373(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The development within the European Union of well-functioning alternative dispute resolution is necessarywill help to strengthen consumers' confidence in the Sinternal mgle Market, including in the area of e- commerce. Such development should build on the diverse existing ADR procedures in the Member States and respect their, which are effective in resolving disputes between traders and consumers. Such development should also respect the Member States' legal traditions.
Amendment 138 #
2011/0373(COD)
Proposal for a directive
Recital 7
Recital 7
(7) This Directive should apply to contractual disputes between consumers and traders that are arising from the sale of goods or provision of services in all economic sectors. This should include disputes arising from the sale or provision of digital content for remuneration. This Directive should apply to complaints submitted by consumers against traders but als. It should not apply to complaints submitted by traders against consumers. This Directive should not apply to disputes between traders; however, it should not prevent Member States from adopting or maintaining in force provisions on procedures for the out-of-court resolution of such disputes.
Amendment 144 #
2011/0373(COD)
Proposal for a directive
Recital 10
Recital 10
(10) This Directive should prevail over Union legislation which containsIf any provision of this Directive conflicts with a provision of another Union act governing specific sectors, the provision of that other Union act shall prevail and apply to those specific sectors. However, if the provision is aimed at encouraging the setting up of ADR entities in a specific sector. Where sector-specific legislation mandates the setting up of such entities,, the relevant provisions of this Directive shouldwill prevail only to the extent that such legislation does not ensure at least an equivalent degree of consumer protectionand apply.
Amendment 146 #
2011/0373(COD)
Proposal for a directive
Recital 11
Recital 11
(11) ADR entities are highly diverse across the Union but also within the Member States. This Directive should cover any entity that is established on a durable basis and offers the resolution of a dispute through an ADR procedurto solve a dispute between a consumers and a trader that has been listed in accordance with Article 17(2) of this Directive. An arbitration procedure which is created outside the framework of an ADR entity on an ad hoc basis for a single dispute between a consumer and a trader should not be considered as an ADR procedure.
Amendment 149 #
2011/0373(COD)
Proposal for a directive
Recital 12
Recital 12
(12) This Directive should not apply to procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed exclusively by the trader norprovided there is full compliance with the specific independence and impartiality requirements. The Directive should not apply to procedures before consumer compliant handling systems operated by the trader. It should not apply nor to direct negotiations between the parties. Furthermore, it should not apply to attempts made by a judge to settle a dispute in the course of a judicial proceeding concerning that dispute.
Amendment 161 #
2011/0373(COD)
Proposal for a directive
Recital 15
Recital 15
(15) This Directive should be without prejudice to Member States maintaining or introducing ADR procedures dealing jointly with identical or similar disputes between a trader and several consumers. Such procedures can be seen as a preliminary step to further developing collective ADR procedures within the UnionComprehensive impact assessments must be carried out on collective out-of-court settlements before they are proposed at a Union level.
Amendment 166 #
2011/0373(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The natural persons in charge of alternative dispute resolution should only be considered impartial if they cannot be subject to pressure that potentially influences their attitude towards the dispute. There is a particular need to ensure the absence of such pressure where ADR entities are financed by one of the parties to the dispute or an organisation of which one of the parties is a member before consumer compliant handling systems operated by the trader. Specific requirements should be established for ADR schemes in which the natural persons in charge of dispute resolution are employed exclusively by the trader.
Amendment 170 #
2011/0373(COD)
Proposal for a directive
Recital 18
Recital 18
(18) ISubject to any national rules making the participation of traders in an ADR procedure mandatory, in order to ensure the transparency of ADR entities and of ADR procedures it is necessary that the parties receive all the information they need to take an informed decision before engaging in an ADR procedure.
Amendment 173 #
2011/0373(COD)
Proposal for a directive
Recital 19
Recital 19
(19) ADR procedures should be effective. They should provide for a simple and fast procedure whose duration generally does not exceed 90 days. The ADR entity should be able to extend this time period when the complexity of the dispute in question so demands or because of other justified grounds.
Amendment 177 #
2011/0373(COD)
Proposal for a directive
Recital 20
Recital 20
(20) ADR procedures should be free of charge or of moderate costs for consumers so that it remains economically reasonable for consumers to use such procedures. Member States shall decide on an appropriate form of industry funding for ADR procedures within their jurisdiction.
Amendment 204 #
2011/0373(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Networks of ADR entities which facilitate the resolution of cross-border disputes, such as FIN-NET in the area of financial services, should be strengthened within the Union. Member States should encourage ADR entities to become part of such networks.
Amendment 206 #
2011/0373(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Close cooperation between ADR entities and national authorities entrusted with the enforcement of Union legislation on consumer protection should strengthen the effective application of such Union legislation but this cooperation should not be such that it threatens the independence of ADR entities.
Amendment 215 #
2011/0373(COD)
Proposal for a directive
Recital 28
Recital 28
(28) It is necessary that Member States lay down penalties for infringements of the provisions of this Directive relating to consumer information by traders and information to be notified to competent authorities by ADR entities and ensure that they are enforced. The penalties should be effective, proportionate and dissuasive.
Amendment 227 #
2011/0373(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1 a. The Directive shall also apply to those ADR entities set-up by national associations or groups of firms and, which constitute a different legal entity from an individual trader.
Amendment 232 #
2011/0373(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed exclusively by the trader; unless there is full compliance with the specific independence and impartiality requirements.
Amendment 235 #
2011/0373(COD)
Proposal for a directive
Article 2 – paragraph 2 – point d a (new)
Article 2 – paragraph 2 – point d a (new)
(d a) complaints submitted by the trader against a consumer;
Amendment 236 #
2011/0373(COD)
Proposal for a directive
Article 2 – paragraph 2 – point d b (new)
Article 2 – paragraph 2 – point d b (new)
(d b) complaints where a consumer has not already sought an amicable solution of the dispute with the trader;
Amendment 237 #
2011/0373(COD)
Proposal for a directive
Article 2 – paragraph 2 – point d c (new)
Article 2 – paragraph 2 – point d c (new)
(d c) complaints that arise from the sale of goods or the provision of services that was concluded before 24 months after publication in the Official Journal;
Amendment 238 #
2011/0373(COD)
Proposal for a directive
Article 2 – paragraph 2 – point d d (new)
Article 2 – paragraph 2 – point d d (new)
(d d) health services provided by health professionals, to patients to assess, maintain or restore their state of health, including the prescription, dispensation and provision of medicinal products and medical devices;
Amendment 239 #
2011/0373(COD)
Proposal for a directive
Article 2 – paragraph 2 – point d e (new)
Article 2 – paragraph 2 – point d e (new)
(d e) further or higher education providers that are eligible for government funding or whose courses are designated for state-funded student finance support;
Amendment 242 #
2011/0373(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Article 5(1) of this Directive shall prevail over the provisions referred to in the AnnexIf any provision of this Directive conflicts with a provision of another Union act governing specific sectors, the provision of that other Union act shall prevail and apply to those specific sectors. However, if the provision is aimed at encouraging the setting up of ADR entities in a specific sector, the relevant provisions of this Directive will prevail and apply.
Amendment 243 #
2011/0373(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 246 #
2011/0373(COD)
Proposal for a directive
Article 4 – paragraph 1 – point d a (new)
Article 4 – paragraph 1 – point d a (new)
(d a) "ADR procedure" means a procedure as referred to in Article 2 which complies with the requirements set out in this Directive and is carried out by an ADR entity;
Amendment 247 #
2011/0373(COD)
Proposal for a directive
Article 4 – paragraph 1 – point d b (new)
Article 4 – paragraph 1 – point d b (new)
(d b) "Contractual dispute" means that the customer and the trader cannot agree bilaterally. As such a contractual dispute does not manifest itself until the trader has had the opportunity to handle the complaint fairly and promptly;
Amendment 248 #
2011/0373(COD)
Proposal for a directive
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) ‘"ADR entity’" means any entity, however named or referred to, which is established on a durable basis and offers the resolution of a dispute through an ADR procedure and that has been listed in accordance with Article 17(2);
Amendment 251 #
2011/0373(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that disputes covered by this Directive and involving a trader established on its territory can be submitted to an ADR entity which complies with the requirements set out in this Directive.
Amendment 256 #
2011/0373(COD)
Proposal for a directive
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. Member States shall ensure that in relation to disputes covered by this Directive ADR entities:
Amendment 263 #
2011/0373(COD)
Proposal for a directive
Article 5 – paragraph 2 – point d
Article 5 – paragraph 2 – point d
(d) when dealing with disputes covered by this Directive take the necessary measures to ensure that the processing of personal data complies with the rules on the protection of personal data laid down in the national legislation implementing Directive 95/46/EC in which the ADR entity is established.
Amendment 265 #
2011/0373(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. Member States may set a time limit by which the consumer can submit a complaint to an ADR entity, or to the trader where this is a prerequisite to the ADR procedure, which shall not be shorter than the time limit, where such a limit exists, in the legal acts of the Member State allowing the parties to initiate judicial proceedings.
Amendment 272 #
2011/0373(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3 a. Member States may introduce, maintain or allow ADR entities to introduce or maintain procedural rules allowing them to refuse to deal with a given dispute. Such procedural rules must not unjustifiably impair consumers' access to ADR procedures.
Amendment 274 #
2011/0373(COD)
Proposal for a directive
Article 5 – paragraph 3 b (new)
Article 5 – paragraph 3 b (new)
3 b. Where, in accordance with the procedural rules referred to in paragraph 4, an ADR entity is unable to consider a dispute that has been submitted to it, Member States shall not be required to ensure that the consumer can submit his dispute to another ADR entity.
Amendment 276 #
Amendment 278 #
2011/0373(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure that the natural persons in charge of alternative dispute resolutionADR procedures possess the necessary expertise and are impartial. This shall be guaranteed by ensuring that they:
Amendment 279 #
2011/0373(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure that the natural persons in charge of alternative dispute resolution possess the necessary expertise and are independent and impartial. This shall be guaranteed by ensuring that they:
Amendment 281 #
2011/0373(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) possess the necessary knowledge, and skills and experience in the field of alternative dispute resolution;
Amendment 283 #
2011/0373(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. ADR schemes are responsible for defining appropriate expertise in light of the nature and complexity of disputes.
Amendment 284 #
2011/0373(COD)
Proposal for a directive
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1 b. Where the natural persons in charge of dispute resolution are employed exclusively by the trader, Member States shall ensure that they comply with the following requirements: (a) appointment by the highest level of management and for a sufficient duration to ensure the independence of their action; (b) lack of hierarchical link with the operational management, in particular with those responsible for customer relationships; (c) remuneration not bound to the results of the ADR procedure; (d) establishment of a dedicated budget providing the appropriate resources to ensure the effectiveness of ADR procedures.
Amendment 285 #
2011/0373(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 292 #
2011/0373(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall ensure that ADR entities make publicly available on their websites and in printed form at their premisesby any other means they consider appropriate information on:
Amendment 295 #
2011/0373(COD)
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 301 #
2011/0373(COD)
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States shall ensure that in relation to disputes covered by this Directive ADR entities make publicly available on their websites and in printed form at their premisesby any other means they consider appropriate annual activity reports. These reports shall include the following information relating to both domestic and cross-border disputes:
Amendment 304 #
2011/0373(COD)
Proposal for a directive
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) the ratenumber of dispute resolution procedures which were discontinued before an outcome was reached;
Amendment 310 #
2011/0373(COD)
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) the ADR procedure is free of charge for at moderate costs for consumersconsumers and Member States shall decide on an appropriate form of industry funding for ADR procedures within their jurisdiction;
Amendment 316 #
2011/0373(COD)
Proposal for a directive
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) the dispute is resolvedoutcome of ADR procedure is made available within 90 days from the date on which the ADR entity has received the complaint. In the case of complex disputes, the ADR entity may extend this time perio and all relevant documentation pertaining to that complaint. In the case of complex disputes or for other justified grounds, this time period may be exceeded.
Amendment 351 #
2011/0373(COD)
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. Member States may place limits on the amount of redress that may be awarded by an ADR entity or on the value of the disputes claimed by the consumer.
Amendment 352 #
2011/0373(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9 a Binding ADR Procedures Member States shall ensure that in ADR procedures which aim at resolving the dispute by imposing a solution the solution imposed may be binding on the parties only if they were informed of its binding nature in advance and specifically accepted this. Specific acceptance by the trader is not required if national rules provide that solutions are binding on traders.
Amendment 359 #
2011/0373(COD)
Proposal for a directive
Article 9 b (new)
Article 9 b (new)
Article 9 b Legality Member States shall ensure that in ADR procedures which aim at resolving the dispute by imposing a solution on either the consumer or both parties, any solution imposed on the consumer shall not result in the consumer being deprived of the protection afforded by the mandatory provisions applicable under the law of the Member State in the territory of which the ADR entity is established. In the case of cross-border disputes, the solution imposed by the ADR entity shall not result in the consumer being deprived of the protection afforded by the mandatory provisions applicable under the law of the Member State where the consumer has his habitual residence as defined in Article 6 of Regulation (EC) No 593/2008.
Amendment 363 #
2011/0373(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that traders established on their territories inform consumers about the ADR entities by which they are covered and which are competent to deal with potential disputes between themselves and consumers. Suchwhich commit to or are obliged to use an ADR entity or ADR entities to resolve disputes with consumers inform their consumers about the relevant ADR entity or ADR entities. The information shall include the addresses of the relevant ADR entities' websites and specify whether or not the trader commits to use these entities to resolve disputes with consumersy's or ADR entities' website.
Amendment 368 #
2011/0373(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The information referred to in paragraph 1 shall be mentioned in an easily, directly, prominently and permanent clear comprehensible and easily accessible way on the trader's website, where one exists, and if applicable, in the general terms and conditions of contracts for the sale of goods or provision of services between the trader and a consumer and in invoices and receipts relating to such contracts. It shall specify how further information on the ADR entity concerned and on the conditions for using it can be accessedsales or service contracts between the trader and a consumer.
Amendment 372 #
2011/0373(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall ensure that ADR entities, consumer associations, business associations, the centres of the European Consumer Centre Network and, where appropriate, the bodies designated in accordance with Article 11(2), make publicly available aton their premises and on their websiwebsites by providing a link to the Commission's website and by any other means they consider appropriates, the list of ADR entities referred to in Article 17(34).
Amendment 377 #
2011/0373(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure thatcourage ADR entities to cooperate onwith the resolution of cross-border disputes.
Amendment 379 #
2011/0373(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensurcourage cooperation between ADR entities and national authorities entrusted with the enforcement of Union legislation on consumer protection.
Amendment 380 #
2011/0373(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. This cooperation shallmay include mutual exchange of information on practices in specific business practicesectors by traders about which consumers have lodged complaints. It shall also include the provision of technical assessment and information by such national authorities to ADR entities where such assessment or information is necessary for the handling of individual disputes and cannot be obtained elsewhere.
Amendment 383 #
2011/0373(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Each Member State shall designate an authority as competent authority in charge of monitoring the functioning and development of ADR entities established on its territory. Each Member State shall communicate the authority it has terms of Articles 16 and 17. Each Member State may designate more than one competent authority. If a Member State does so, it shall determine which of the competent authorities designated is the single point of contact for the Commission among the competent authorities established on its territory. Each Member State shall communicate the authority or, where appropriate, the competent authorities including the single point of contact it has designated to the Commission.
Amendment 390 #
2011/0373(COD)
Proposal for a directive
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2 a. Member States shall ensure that ADR entities, where the natural persons in charge of dispute resolution are employed exclusively by the trader established on their territories, notify the competent authority on an annual basis of their continued compliance with the following requirements: (a) appointment by the highest level of management and for a sufficient duration to ensure the independence of their action; (b) lack of hierarchical link with the operational management, in particular with those responsible for customer relationships; (c) remuneration not bound to the results of the ADR procedure; (d) establishment of a dedicated budget providing the appropriate resources to ensure the effectiveness of ADR procedures.
Amendment 392 #
2011/0373(COD)
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2 a. Competent authorities shall notify an ADR entity if that ADR entity no longer fulfils the requirements set out in paragraph 1. If the ADR entity after a period of three months still does not fulfil the requirements set out in paragraph 1, the competent authority shall remove the ADR entity from the list.
Amendment 393 #
2011/0373(COD)
Proposal for a directive
Article 17 – paragraph 2 b (new)
Article 17 – paragraph 2 b (new)
2 b. This list shall be updated without undue delay and the relevant information notified to the Commission.
Amendment 394 #
2011/0373(COD)
Proposal for a directive
Article 17 – paragraph 2 c (new)
Article 17 – paragraph 2 c (new)
2 c. If a Member State has designated more than one competent authority, the list and the updates referred to in paragraph 2 shall be notified to the Commission by the single point of contact. The list and the updates shall relate to all ADR entities established in that Member State.
Amendment 397 #
2011/0373(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to Article 10 and Article 16(1) and (2) of this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
Amendment 398 #
2011/0373(COD)
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 1
Article 22 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [Office of Publications insert date: 1824 months after entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
Amendment 402 #
Amendment 61 #
2011/0361(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) In order to increase competition in a market which has been dominated by three credit rating agencies, measures should be taken to encourage the use of smaller agencies which do not have more than 10 % of the total market share, measured by revenue. It has been practice in recent times for issuers to seek ratings from two or more rating agencies, and therefore when two or more ratings are sought, at least one of these should be from a registered agency which has less than 10 % of the total market share.
Amendment 65 #
2011/0361(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 72 #
2011/0361(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 81 #
2011/0361(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 90 #
2011/0361(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 96 #
2011/0361(COD)
Proposal for a regulation
Recital 11
Recital 11
Amendment 140 #
2011/0361(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) It is important to ensure that modifications to the rating methodologies do not result in less rigorous methodologies. For that purpose, issuers, investors and other interested parties should have the opportunity to comment on any intended significant change of rating methodologies. This will help them to understand the reasons behind new methodologies and for the change in question. Comments provided by issuers and investors on the draft methodologies may provide valuable input for the credit rating agencies in defining the methodologies. Moreover, ESMA should verify and confirm the compliance of new rating methodologies with Article 8(3) of Regulation (EC) No 1060/2009 and the relevant regulatory technical standard before methodologies are applied in practice. ESMA should verify that the proposed methodologies are rigorous, systematic, continuous and subject to validation based on historical experience, including back-testing.be notified of new rating methodologies However, this vernotification process should not grant ESMA any power to judge the appropriateness of the proposed methodology or the content of the credit ratings issued following the application of the methodologies.
Amendment 155 #
2011/0361(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Credit ratings, whether issued for regulatory purposes or not, may have a significant impact on investment decisions. Hence, credit rating agencies have an important responsibility towards investors in ensuring that they comply with the rules of Regulation (EC) No 1060/2009 so that their ratings are independent, objective and of adequate quality. However, in the absence of a contractual relationship between the credit rating agency and the investor, investors are not always in a position to enforce the agency's responsibility towards them. Therefore, it is important to provide for an adequate right of redress for investors who relied on a credit rating issued in breach of the rules of Regulation (EC) No 1060/2009. The investor should be able to hold the credit rating agency liable for any damage caused by an infringement of that Regulation which had an impact on the rating outcome. Infringements which do not impact the rating outcome, such as breaches of transparency obligations, should not trigger civil liability claims.
Amendment 159 #
2011/0361(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 165 #
2011/0361(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 171 #
2011/0361(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Regarding matters concerning the civil liability of a credit rating agency and which are not covered by this regulation, such matters should be governed by the applicable national law determined by the relevant rules of International Private Law. The competent court to decide on a claim for civil liability brought by an investor should be determined by the relevant rules on International Jurisdiction.
Amendment 177 #
2011/0361(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 224 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 6
Article 1 – point 6
Regulation (EC) No 1060/2009
Article 5 c (new)
Article 5 c (new)
Article 5c Overreliance on credit ratings in Union law The Commission shall continue to monitor reliance on the published ratings of credit rating agencies in European standards, law and regulations. The Commission shall report to the European Parliament and the Council in its report pursuant to Article 35(4) on remaining provisions in legal acts of the Union which result in mechanistic reliance on such ratings and on the possibilities of repealing them.
Amendment 245 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1060/2009
Article 6b
Article 6b
Amendment 265 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1060/2009
Article 6b a (new)
Article 6b a (new)
Article 6ba Ensuring competition in the market for credit ratings 1. The Commission shall report annually on competition in the market for credit ratings, and shall publish figures on the percentage of the total market held by registered credit rating agencies, measured by revenue. 2. Where an issuer seeks more than two ratings from registered credit rating agencies, at least one shall be commissioned from a credit rating agency which has less than 10 % of the total market share for credit ratings, as assessed by the Commission
Amendment 285 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 10 – point d – point i
Article 1 – point 10 – point d – point i
Regulation (EC) No 1060/2009
Article 8 – paragraph 6 – introductory part
Article 8 – paragraph 6 – introductory part
6. When methodologies, models or key assumptions used in credit rating activities are changed following the decision of ESMA referred to in paragraph 3 of Article 22a, a credit rating agency shall:ithout undue delay, if the change is significant, inform ESMA;
Amendment 300 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 1060/2009
Article 8a – paragraph 1
Article 8a – paragraph 1
1. The issuer, the originator and the sponsor of a structured finance instrument established in the Union shall disclose to the public, in accordance with paragraph 4, information on the credit quality and performance of the individual underlying assets of the structured finance instrument, the structure of the securitization transaction, the cash flows and any collateral supporting a securitisation exposure as well as any information that is necessary to conduct comprehensive and well informed stress tests on the cash flows and collateral values supporting the underlying exposures. For these purposes, an originator or sponsor which complies with Article 122a(7) of Directive 2006/48/EC, taking into account all guidance provided by the EBA and/or the Committee of European Banking Supervisors concerning such requirements, shall be deemed to meet the disclosure requirements set out in this Article.
Amendment 301 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 1060/2009
Article 8a – paragraph 3 – subparagraph 2
Article 8a – paragraph 3 – subparagraph 2
ESMA shall submit those draft regulatory technical standards to the Commission by 1 January 2013.4. ESMA shall ensure that those technical standards are consistent with those developed by the EBA under Article 399(2) of [CRR when it comes into effect]
Amendment 327 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 14
Article 1 – point 14
Regulation (EC) No 1060/2009
Article 11a – paragraph 2 a (new)
Article 11a – paragraph 2 a (new)
2a. In carrying out its duties under Articles 11 and 11a, ESMA shall act impartially and fairly. In particular, ESMA shall not express any opinion or observation as to the relative strengths or merits of any of the credit rating agencies concerned.
Amendment 349 #
2011/0361(COD)
Proposal for a regulation
Article 1 – point 20
Article 1 – point 20
Regulation (EC) No 1060/2009
Article 35a
Article 35a
Amendment 383 #
2011/0361(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
However, points (7), (9), (10), (12), (13) and (25) of Article 1 of this Regulation shall apply from 1 June 2014 for the purposes of the assessment referred to in Article 4(3)(b) and in point (b) of the second subparagraph of Article 5(6) of Regulation (EC) No Regulation (EC) No 1060/2009 as to whether third country requirements are at least as stringent as the requirements set out in Articles 6 to 12 of that Regulation: (1) points (9), (10), (12), (13) and (14) of Article 1, and point (11) as regards Article 8a of Regulation (EC) No 1060/2009, shall apply from 1 June 2016; and (2) points (7) and (8) of this Regulation, and point (11), as regards Article 8b of Regulation (EC) No 1060/2009, shall not apply.
Amendment 59 #
2011/0358(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The EU declaration of conformity shall contain the elements specified in the relevant modules set out in Annex II to this Directive, shall have the model structure set out in Annex III to Decision No 768/2008/EC and shall be continuously updated. It shallmay be translated, upon request, into the language or languages required by the Member State in which market the pyrotechnic article is placed or made available.
Amendment 43 #
2011/0357(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The EU declaration of conformity shall have the model structure set out in Annex IV of this Directive, shall contain the elements specified in the Module A as set out in Annex III of this Directive and shall be continuously updated. It shallmay be translated, upon request, into the language or languages required by the Member State in which market the electrical equipment is placed or made available.
Amendment 46 #
2011/0357(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1
Article 25 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by [insert date - 2three years after adoption] at the latest, the laws, regulations and administrative provisions necessary to comply with Articles 2, 3(1), 6, 7, 8, 9, 10, 11 ,12, 13(1), 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 and Annexes III and IV . They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
Amendment 36 #
2011/0356(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The EU declaration of conformity shall have the model structure set out in Annex III of Decision No 768/2008/EC, shall contain the elements specified in the relevant conformity assessment procedures set out in Annexes III to IX of this Directive and shall be continuously updated. It shallmay be translated, upon request, into the language or languages required by the Member State in which market the product is made available.
Amendment 50 #
2011/0356(COD)
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1
Article 41 – paragraph 1 – subparagraph 1
1. Member States shall adopt and publish by [insert date: 23 years after adoption] at the latest the laws, regulations and administrative provisions necessary to comply with Article 2(2) and (10) to (26), Article 3, Articles 5 to 40 and Annexes III to IX . They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
Amendment 51 #
2011/0354(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The EU declaration of conformity shall have the model structure set out in Annex II, shall contain the elements specified in the relevant modules set out in Annex V, VIII, X, XI or XII, and shall be continuously updated. It shallmay be translated, upon request, into the language or the languages required by the Member State on which market the lift or the safety component for lifts is placed or made available.
Amendment 69 #
2011/0354(COD)
Proposal for a directive
Article 46 – paragraph 1 – subparagraph 1
Article 46 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by [day (generally the last day of a month)/month/year = 2three years after this adoption] at the latest, the laws, regulations and administrative provisions necessary to comply with Articles: [Article 2(5)-2(19), Articles: 7-14, Articles: 17-18, Article 19(5), Articles: 20-45, Article 46(1), Article 47-49] and Annexes: [Annex II Part A Points: (f), (k), (l), (m), Annex II Part B Points: (d), (j), (k), (l), Annex IV Part A Points: 2(e), 3(c), 3(e), 3(g), Points: 4(b)- (e), Points: 5-9, Annex IV Part B Points: 2(e), 3(c), 3(e), 3(h), Points: 4(c)-(e), Point 5 paragraphs: 2-4, Points: 6-9, Annex V Point 3.3(b), Points: 6-7, Annex VI Points: 3.1(a)-(c), Point 3.3 paragraph 4 -5, Point 4.3, Points: 6-7, Annex VII Points: 3.1(a)- (b), 3.1(d), 3.1(f), Point 3.3, Point 4.2, Point 6, Annex VII Points: 3(c)-(d), 3(g), Annex VII Point 4, Annex IX Points: 3(a)- (d), Annex X Points: 3.1(a), 3.1(e), Point: 3.4, Points: 6-7, Annex XI Points: 3.1(a)- (c), 3.1(e), Points: 3.3.3, 3.3.4, Points: 3.4 - 3.5, Point 5(b) Point 6, Annex XII Point 3.1(a), Point 3.3, Point 6]. [The articles and annexes which have been changed as to the substance by comparison with the earlier Directive]. . They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
Amendment 40 #
2011/0353(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The EU declaration of conformity shall have the model structure set out in Annex III of Decision No 768/2008/EC, shall contain the elements specified in the relevant modules set out in Annex II to this Directive and shall be continuously updated. It shallmay be translated, upon request, into the language or languages required by the Member State in which market the measuring instrument is placed or made available.
Amendment 56 #
2011/0353(COD)
Proposal for a directive
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
Member States shall adopt and publish by [insert date – 2three years after adoption] at the latest the laws, regulations and administrative provisions necessary to comply with Articles 4(5) to (22), 8, 9, 10, 11, 13, 14, [15], 20, 22, 23(1), 23(3), 23(5), 23(6), 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 49, 50 and Annex II. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
Amendment 56 #
2011/0352(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The EU declaration of conformity shall have the model structure set out in Annex III of Decision No 768/2008/EC, shall contain the elements specified in the relevant modules set out in Annex II to this Directive and shall be continuously updated. It shallmay be translated, upon request, into the language or languages required by the Member State in which market the instrument is placed or made available.
Amendment 66 #
2011/0352(COD)
Proposal for a directive
Article 42 – paragraph 1 – subparagraph 1
Article 42 – paragraph 1 – subparagraph 1
Member States shall adopt and publish by [insert date - 2three years after adoption] at the latest, the laws, regulations and administrative provisions necessary to comply with Articles 2(3) to (19), 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41 and Annex II. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
Amendment 36 #
2011/0351(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The EU declaration of conformity shall have the model structure set out in Annex IV to this Directive and it shall be continuously updated. It shallmay be translated, upon request, into the language or languages required by the Member State in which market the apparatus is placed or made available.
Amendment 47 #
2011/0351(COD)
Proposal for a directive
Article 43 – paragraph 1 – subparagraph 1
Article 43 – paragraph 1 – subparagraph 1
Member States shall adopt and publish by [insert date - 2three years after adoption] at the latest, the laws, regulations and administrative provisions necessary to comply with Article 3 first subparagraph points (9) to (25), Article 4, Article 5(1), Articles 7 to 12, Articles 15 to 17, Article 19 (1) first subparagraph, Articles 20 to 42, and Annexes II, III and IV. . They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive .
Amendment 41 #
2011/0350(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The EU declaration of conformity shall have the model structure set out in Annex III of Decision No 768/2008/EC, shall contain the elements specified in the relevant modules set out in Annex II of this Directive and shall be continuously updated. It shallmay be translated, upon request, into the language or languages required by the Member State in which market the vessel is placed or made available.
Amendment 50 #
2011/0350(COD)
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1
Article 41 – paragraph 1 – subparagraph 1
1. Member States shall adopt and publish by [insert date – 23 years after adoption] at the latest, the laws, regulations and administrative provisions necessary to comply with Articles 2, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 and Annex II. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
Amendment 37 #
2011/0349(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The EU declaration of conformity shall have the model structure set out in Annex III to Decision No 768/2008/EC, shall contain the elements specified in the relevant modules set out in Annex II to this Directive and shall be continuously updated. It shallmay be translated, upon request, into the language or languages required by the Member State in which market the explosive is placed or made available.
Amendment 47 #
2011/0349(COD)
Proposal for a directive
Article 50 – paragraph 1 – subparagraph 1
Article 50 – paragraph 1 – subparagraph 1
1. Member States shall adopt and publish , by [insert date – 2three years after adoption] at the latest, the laws, regulations and administrative provisions necessary to comply with Articles 2 (7), 2 (9)-(24), 3- 10, 14 (1), 19 (1) (a) (i), 20-26, 27 (1)-(4), 27 (6)-(7), 27 (10)-(11), 28-44, 48, 49 and Annex II . They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
Amendment 468 #
2011/0298(COD)
Proposal for a directive
Article 4 – paragraph 2 – point 27
Article 4 – paragraph 2 – point 27
27) ‘Management body’ means the governingbody or bodyies of a firm, comprising the supervisory and the managn institution, appointed in accordance with the national law, which is empowered to set the institution's strategy, objectives and overial funl directions, and which has the ultimate decision-making authority and is empowered to set the firm's strategy, objectives and overall direction. Management body shall include persons who effectively direct the business of the firmoversees and monitors management decision-making. This shall include persons who effectively direct the business of the institution. In particular, the references to management body shall comprise both the managerial and supervisory functions of the body or bodies referred to in the first sub-paragraph. Where, according to national law, the managerial and supervisory functions of the management body are assigned to different bodies or different members within one body, the Member State shall make the distinction between the responsible bodies or members of the management body in accordance with its national law, unless otherwise specified by the Directive. For the purpose of this Directive 'managerial function' means setting the institution's strategy, objectives and overall direction and 'supervisory function' means overseeing and monitoring management decision-making;
Amendment 470 #
2011/0298(COD)
Proposal for a directive
Article 4 – paragraph 2 – point 28
Article 4 – paragraph 2 – point 28
Amendment 510 #
2011/0298(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States shall require that all members of the management body of any investment firm shall at all times be of sufficiently good repute, possess sufficient knowledge, skills and experience and commit sufficient time to perform their duties. Member States shall ensure that members of the management body shall, in particular, fulfil the following requirements:
Amendment 513 #
2011/0298(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a – subparagraph 1 and subparagraph 2 – introductory part
Article 9 – paragraph 1 – point a – subparagraph 1 and subparagraph 2 – introductory part
(a) MThe members of the management body shall commit sufficient time to perform their functions in the investment firm. Theyof an institution, who intends to hold a position in the management body of several institutions at the same time, shall take into account individual circumstances and the nature, scale and complexity of the institution's activities. Members of the management body of institutions that are significant in terms of their size, internal organisation and the nature, the scope and the complexity of their activities shall not combine at the same time more than one of the following combinations: unless they can justify this to the relevant competent authority:
Amendment 516 #
2011/0298(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a – point ii
Article 9 – paragraph 1 – point a – point ii
(ii) fourive non-executive directorships.
Amendment 518 #
2011/0298(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a – subparagraph 3
Article 9 – paragraph 1 – point a – subparagraph 3
Amendment 520 #
2011/0298(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a – subparagraph 4
Article 9 – paragraph 1 – point a – subparagraph 4
Amendment 522 #
2011/0298(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c – subparagraph 2
Article 9 – paragraph 1 – point c – subparagraph 2
Amendment 524 #
2011/0298(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall require investment firms, where appropriate and proportionate in view of the nature, scale and complexity of their business, to establish a nomination committee or equivalent body to assess compliance with the first paragraph and to make recommendations, when needed, on the basis of their assessment. The nomination committee shall be composed of members of the management body who do not perform any executive function in the institution concerned. Where, under national law, the management body does not have any competence in the process of appointment of its members, this paragraph shall not apply.
Amendment 533 #
2011/0298(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 962 #
2011/0298(COD)
Proposal for a directive
Article 48 – paragraph 1 – introductory part
Article 48 – paragraph 1 – introductory part
1. Member States shall require that all members of the management body of any market operator shall be at all times of sufficiently good repute, possess sufficient knowledge, skills and experience and commit sufficient time to perform their duties. Member States shall ensure that members of the management body shall, in particular, fulfil the following requirementsThe member of the management body of an institution, who intends to hold a position in the management body of several institutions at the same time, shall take into account individual circumstances and the nature, scale and complexity of the institution's activities. Members of the management body of institutions that are significant in terms of their size, internal organisation and the nature, the scope and the complexity of their activities shall not combine at the same time more than one of the following combinations unless they can justify this to the relevant competent authority:
Amendment 964 #
2011/0298(COD)
Proposal for a directive
Article 48 – paragraph 1 – point a – introductory part
Article 48 – paragraph 1 – point a – introductory part
(a) commit sufficient time to perform their functions. They shall not combine at the same time more than one of the following combinations:
Amendment 966 #
2011/0298(COD)
Proposal for a directive
Article 48 – paragraph 1 – point a – point ii
Article 48 – paragraph 1 – point a – point ii
(ii) fourive non-executive directorships.
Amendment 967 #
2011/0298(COD)
Proposal for a directive
Article 48 – paragraph 1 – point a – subparagraph 3
Article 48 – paragraph 1 – point a – subparagraph 3
Amendment 969 #
2011/0298(COD)
Proposal for a directive
Article 48 – paragraph 1 – point a – subparagraph 4
Article 48 – paragraph 1 – point a – subparagraph 4
Amendment 970 #
2011/0298(COD)
Proposal for a directive
Article 48 – paragraph 3
Article 48 – paragraph 3
Amendment 973 #
2011/0298(COD)
Proposal for a directive
Article 48 – paragraph 4 – subparagraph 1
Article 48 – paragraph 4 – subparagraph 1
Amendment 1189 #
2011/0298(COD)
Proposal for a directive
Article 65 – paragraph 1 – subparagraph 2
Article 65 – paragraph 1 – subparagraph 2
The management body shall possess adequate collective knowledge, skills and experience to be able to understand the activities of the data reporting services provider. Member States shall ensure that eEach member of the management body shall act with honesty, integrity and independence of mind to effectively assess and challenge the decisions of the senior management.
Amendment 357 #
2011/0284(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) In order to avoid duplication and to compliment existing EU law this directive should take into account the principles of directive 2011/83/EU on consumer rights which harmonised rules for distance and off-premises contracts such as pre- contractual information, formal requirements, right of withdrawal, delivery, passing of risk and payment means. This should provide for a solid legal framework of European rules for business who sell goods or digital content to consumers across the Union.
Amendment 358 #
2011/0284(COD)
Proposal for a regulation
Recital 37 b (new)
Recital 37 b (new)
(37b) After the adoption of this directive, The European Commission should establish a working group, composed mainly of groups representing consumers and businesses, supported by academics and practitioners, in order to develop standard terms and conditions for on-line business to consumers contracts based on the rules in this directive and the consumer acquis, in particular directive 2011/83/EU on consumer rights.
Amendment 388 #
2011/0284(COD)
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Article 16a Model Contracts The Commission shall present the standard terms and conditions within [one year] of the transposition of this directive.
Amendment 389 #
2011/0284(COD)
Proposal for a regulation
Article 16 b (new)
Article 16 b (new)
Article 16b The Commission shall carry out an information campaign to inform businesses at national level about these standards terms for on-line consumer transactions based on the European rules.
Amendment 462 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 106
Annex 1 – Article 106
Overview of buyer's remedies 1. In the case of non-performance of an obligation by the seller, the buyer shall be entitled to exercise the rights to remedy contained in paragraphs 2 and 4, where applicable. 2. If the buyer is a trader, the buyer may do any of the following: (a) require performance, which includes specific performance, repair or replacement of the goods or digital content, under Section 3 of this Chapter; (b) withhold the buyer's own performance under Section 4 of this Chapter; (c) terminate the contract under Section 5 of this Chapter and claim the return of any price already paid, under Chapter 17; (d) reduce the price under Section 6 of this Chapter; and (e) claim damages under Chapter 16. 23. If the buyer is a traderWhere exercising rights under paragraph 2, the following conditions shall apply, where applicable: (a) the buyer's rights to exercise any remedy except withholding of performance are subject to cure by the seller as set out in Section 2 of this Chapter; and (b) the buyer's rights to rely on lack of conformity are subject to the requirements of examination and notification set out in Section 7 of this Chapter. 34. If the buyer is a consumer: (a), the buyer's rights are not subject to cure by the seller; and (b) t may choose to either:: (a) require performance, which includes specific performance, repair or replacement of the goods or digital content, under Section 3 of this Chapter; or (b) terminate the contract under Section 5 of this Chapter within a reasonable time, and claim the return of any price already paid, under Chapter 17. Whe requirements of examination and notification set out in a consumer chooses to exercise this right, the trader may not make a deduction for any use the consumer has had of the goods. 5. Where the buyer chooses to exercise his right under paragraph 4 subparagraph (a), and the seller cannot perform specific performance, repair or replacement of the goods or digital content within a reasonable time or without significant inconvenience to the buyer, the buyer may have further recourse to any of the following:. (a) withhold the buyer's own performance under Section 74 of this Chapter do not apply; (b) terminate the contract under Section 5 of this Chapter and claim the return of any price already paid, under Chapter 17; (c) reduce the price under Section 6 of this Chapter; and (d) claim damages under Chapter 16. 46. If the seller's non-performance is excused, the buyer may resort to any of the remedies referred to in paragraph 1this Article except requiring performance and damages. 57. The buyer may not resort to any of the remedies referred to in paragraph 1this Article to the extent that the buyer caused the seller's non-performance. 68. Remedies which are not incompatible may be cumulated.
Amendment 38 #
2011/0217(COD)
Proposal for a decision
Recital 17
Recital 17
(17) A European Year of Citizens in 2013 will provide a very timely opportunity to raise the awareness of the general public about the rights and responsibilities attached to Union citizenship and thus to contribute to the objective of facilitating the exercise of these right to free movements.
Amendment 44 #
2011/0217(COD)
Proposal for a decision
Article 2 – paragraph 1
Article 2 – paragraph 1
The general purpose of the European Year shall be to enhance awareness of the rights and responsibilities attached to Union citizenship, in order to help citizens make full use of their right to move and reside freely within the territory of the Member States. In this context, the European Year shall focus, among others, on the opportunities for civic participation and access to rights by Union citizens residing in another Member State than their own, by students, workers, consumers, and providers of goods and services across the Union.
Amendment 45 #
2011/0217(COD)
Proposal for a decision
Article 2 – paragraph 2 – indent 1
Article 2 – paragraph 2 – indent 1
– to raise Union citizens' awareness of their right to move and reside freely within the European Union and more generally the rights guaranteed to and responsibilities incumbent upon Union citizens in cross- border situations, including their right to participate in the democratic life of the Union;
Amendment 50 #
2011/0217(COD)
Proposal for a decision
Article 3 – paragraph 1 – indent 3
Article 3 – paragraph 1 – indent 3
– conferences and events to promote debate and raise awareness of the importance and benefits of the right to free movement and residence and more generally citizens' rights and obligations as Union citizens;
Amendment 48 #
2011/0203(COD)
Proposal for a directive
Recital 27
Recital 27
(27) For the purposes of strengthening the prudential supervision of institutions and the protection of clients of credit institutions, auditors should have a duty to report promptly to the competent authorities, wherever, during the performance of their tasks, they become aware of certain facts which are liable to have a serious effect on the financial situation or the administrative and accounting organisation of an institution. For that same reason Member States should also provide that such a duty applies in all circumstances where such facts are discovered by an auditor during the performance of his tasks in an undertaking which has close links with a credit institution. The duty of auditors to communicate, where appropriate, to the competent authorities certain facts and decisions concerning an institution which they discover during the performance of their tasks in a non-financial undertaking should not in itself change the nature of their tasks in that undertaking nor the manner in which they should perform those tasks in that undertaking. In the absence of compelling reasons not to do so, auditors should disclose all matters which are disclosed to the competent authorities to the relevant management board contemporaneously.
Amendment 52 #
2011/0203(COD)
Proposal for a directive
Recital 44 a (new)
Recital 44 a (new)
(44a) Within Member States different governance structures are used, in most cases a unitary and/or a dual board structure. Under a dual board structure, a supervisory board performs the supervisory function of monitoring and overseeing management decisions and the management board performs the managerial function. Under a unitary board structure, one single body performs both functions. The definitions used in this Directive intend to embrace all existing structures without advocating any particular structure. They are purely functional for the purpose of setting out rules aimed at a particular outcome irrespective of the national company law applicable to an institution in each Member State. The definitions should therefore not interfere with the general allocation of competencies according to the national company law.
Amendment 83 #
2011/0203(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(ca) 'management body' means the body or bodies of an institution, appointed in accordance with the national law, which is empowered to set the institution's strategy, objectives and overall direction, and which oversees and monitors management decision-making. This shall include persons who effectively direct the business of the institution. In particular, the references to management body shall comprise both the managerial and supervisory functions of the body or bodies referred to in the first sub-paragraph. Where, according to national law, the managerial and supervisory functions of the management body are assigned to different bodies or different members within one body, the Member State shall make the distinction between the responsible bodies or members of the management body in accordance with its national law, unless otherwise specified by the Directive. For the purpose of this Directive 'managerial function' means setting the institution's strategy, objectives and overall direction and 'supervisory function' means overseeing and monitoring management decision-making.
Amendment 114 #
2011/0203(COD)
Proposal for a directive
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) the reputation and experience of any, as set out in Article 87(1), of any member of the management body and any other person who will direct the business of the credit institution as a result of the proposed acquisition;
Amendment 149 #
2011/0203(COD)
Proposal for a directive
Article 63 – paragraph 1 – subparagraph 1 – introductory part
Article 63 – paragraph 1 – subparagraph 1 – introductory part
1. Member States shall provide at least that any person authorised within the meaning of Directive 2006/43/EEC performing in an institution the task described in Article 51 of Directive 78/660/EEC , Article 37 of Directive 83/349/EEC or Article 73 of Directive 2009/65/EC, or any other statutory task, shall have a duty to report promptly to the competent authorities any fact or decision concerning that institution of which that person has become aware while carrying out that task, which is liable tocould:
Amendment 150 #
2011/0203(COD)
Proposal for a directive
Article 63 – paragraph 1 – subparagraph 1 – point b
Article 63 – paragraph 1 – subparagraph 1 – point b
(b) affectthreaten the continuous functioning of the institution;
Amendment 151 #
2011/0203(COD)
Proposal for a directive
Article 63 – paragraph 2
Article 63 – paragraph 2
2. The disclosure in good faith to the competent authorities, by persons authorised within the meaning of Directive 2006/43/EEC, of any fact or decision referred to in paragraph 1 shall not constitute a breach of any restriction on disclosure of information imposed by contract or by any legislative, regulatory or administrative provision and shall not involve such persons in any liability. Such disclosure should also be made contemporaneously to the management body of the institution in the absence of any compelling reason not to do so.
Amendment 157 #
2011/0203(COD)
Proposal for a directive
Article 65 – paragraph 2
Article 65 – paragraph 2
2. Member States shall ensure that where obligations apply to institutions, financial holding companies, mixed financial holding companies and mixed-activity holding companies, in case of a breach sanctions can be applied to the members of the management body acting in a senior management capacity, and to any other individuals who under national law are responsible for the breach.
Amendment 160 #
2011/0203(COD)
Proposal for a directive
Article 67 – paragraph 2 – point d
Article 67 – paragraph 2 – point d
(d) a temporary ban against any member of the institution's management body or any other natural person, who is held responsible, to exercise functions in institutions in a senior management position;
Amendment 161 #
2011/0203(COD)
Proposal for a directive
Article 67 – paragraph 2 – point f
Article 67 – paragraph 2 – point f
(f) in case of a natural person acting fraudulently or recklessly in a senior management position, administrative pecuniary sanctions of up to EUR 5 000 000, or in the Member States where the Euro is not the official currency, the corresponding value in the national currency on the date of entry into force of this Directive;
Amendment 162 #
2011/0203(COD)
Proposal for a directive
Article 67 – paragraph 2 – point g
Article 67 – paragraph 2 – point g
(g) administrative pecuniary sanctions of up to twice the amount of the profits gained or losses avoided because of the breach resulting from fraudulent or reckless actions where those can be determined.
Amendment 166 #
2011/0203(COD)
Proposal for a directive
Article 68
Article 68
Member States shall ensure that the competent authorities publish any sanction or measure imposed for breach of the provisions of Regulation [inserted by OP(EU) No .../2012 of the European Parliament and of the Council of ... [on prudential requirements for credit institutions and investment firms] or of the national provisions adopted in the implementation of this Directive without undue delay after the completion of any timely appeals process including information on the type and nature of the breach and the identity of persons responsible for it, unless such publication would seriously jeopardise the stability of financial markets. Where publication would cause a disproportionate damage to the parties involved, competent authorities shall publish the sanctions on an anonymous basis.
Amendment 176 #
2011/0203(COD)
Proposal for a directive
Article 73 – paragraph 1
Article 73 – paragraph 1
1. Competent authorities shall require every institution toInstitutions shall have robust governance arrangements, which include a clear organisational structure with well- defined, transparent and consistent lines of responsibility, effective processes to identify, manage, monitor and report the risks it is or might be exposed to, adequate internal control mechanisms, including sound administration and accounting procedures, and remuneration policies and practices that are consistent with and promote sound and effective risk management.
Amendment 177 #
2011/0203(COD)
Proposal for a directive
Article 73 – paragraph 2
Article 73 – paragraph 2
2. The arrangements, processes and mechanisms referred to in paragraph 1 shall be comprehensive and proportionate to the nature, scale and complexity of the institution's activities. The technical criteria established in Sub-sections 2 and 3 shall be taken into account.
Amendment 179 #
2011/0203(COD)
Proposal for a directive
Article 73 – paragraph 3
Article 73 – paragraph 3
3. EBA shall develop draft regulatory technical standards to specify the arrangements, processes and mechanisms referred to in paragraph 1, in accordance with the principles of proportionality and comprehensiveness set out in paragraph 2. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with the procedure established in Articles 10 to 14 of Regulation (EU) No 1093/2010.The Commission shall ensure that delegated acts, regulatory technical standards and implementing technical standards take into account the principle of proportionality, thus ensuring the proportionate application of this Directive, in particular to smaller institutions. To determine the smaller institutions which are submitted to proportionate requirements both of the following criteria shall be used: (a) a total balance sheet of less than EUR 70 billion, which characterises 'large regulated financial entities' as defined in Article 137(5), and (b) a business model which is 'retail- oriented' as opposed to 'capital markets' oriented. EBA shall submit those draft regulatory technical standards to the Commission by 31 December 2015.
Amendment 181 #
2011/0203(COD)
Proposal for a directive
Article 74 – paragraph 1
Article 74 – paragraph 1
1. Competent authorities shall use the information collected in accordance with the criteria for disclosure established in points (f) and (g) of Article 435 (1) of Regulation [inserted by OP(EU) No .../2012 of the European Parliament and of the Council of ... [on prudential requirements for credit institutions and investment firms] to benchmark remuneration trends and practices. The competent authorities shall provide EBA with that information.
Amendment 182 #
2011/0203(COD)
Proposal for a directive
Article 74 – paragraph 2 – subparagraph 1
Article 74 – paragraph 2 – subparagraph 1
EBA shall issue guidelines on sound remuneration policies which comply with the principles set out in Articles 88 to 91. The guidelines shall take into account the principles on sound remuneration policies set out in the Commission Recommendation of 30 April 2009 on remuneration policies in the financial services sector.
Amendment 183 #
2011/0203(COD)
Proposal for a directive
Article 74 – paragraph 2 – subparagraph 3
Article 74 – paragraph 2 – subparagraph 3
EBA shall use the information received from the competent authorities in accordance with paragraph 31 to benchmark remuneration trends and practices at Union level.
Amendment 184 #
2011/0203(COD)
Proposal for a directive
Article 74 – paragraph 3
Article 74 – paragraph 3
3. Competent authorities shall collect information on the number of individuals per institution in pay brackets of at least EUR 1 millionbeing remunerated EUR 1 million or more per financial year, including the business area involved and the main elements of salary, bonus, long- term award and pension contribution. That information shall be forwarded to EBA, which shall publish it on an aggregate home Member State basis in a common reporting format. EBA may elaborate guidelines to facilitate the implementation of this paragraph and ensure the consistency of the information collected.
Amendment 189 #
2011/0203(COD)
Proposal for a directive
Article 75 – paragraph 2
Article 75 – paragraph 2
2. Competent authorities shall ensure that the management body in its supervisory function devotes sufficient time to consideration of risk issues. It shall be actively involved in and ensure that adequate resources are allocated to the management of all material risks addressed in this Directive and in Regulation (EU) No .../2012 of the European Parliament and of the Council of ... [on prudential requirements for credit institutions and investment firms] as well as in the valuation of assets, the use of external ratings and internal models related to those risks. The institution must establish reporting lines to the management body that cover all material risks and risk management policies and changes thereof.
Amendment 192 #
2011/0203(COD)
Proposal for a directive
Article 75 – paragraph 3 – subparagraph 1
Article 75 – paragraph 3 – subparagraph 1
3. Competent authorities shall ensure that institutions that are significant in terms of size, internal organisation and nature, scope and complexity of their activities establish a risk committee or equivalent body composed of members of the management body who do not perform any executive function in the institution concerned. Members of the risk committee or equivalent body shall have appropriate knowledge, skills and expertise to fully understand and monitor the risk strategy and the risk appetite of the institution.
Amendment 196 #
2011/0203(COD)
Proposal for a directive
Article 75 – paragraph 3 – subparagraph 2
Article 75 – paragraph 3 – subparagraph 2
The risk committee or equivalent body shall advise the management body in its supervisory function on the institution's overall current and future risk appetite and strategy and assist the management body in its supervisory function in overseeing the implementation of that strategy.
Amendment 201 #
2011/0203(COD)
Proposal for a directive
Article 75 – paragraph 3 – subparagraph 3
Article 75 – paragraph 3 – subparagraph 3
Competent authorities may authorise an institution not to establish a separate risk committee or equivalent body taking into account the nature, scale and complexity of credit institution's activities.
Amendment 203 #
2011/0203(COD)
Proposal for a directive
Article 75 – paragraph 4 – subparagraph 1
Article 75 – paragraph 4 – subparagraph 1
4. Competent authorities shall ensure that the management body and, when a risk committee, or, when such a committee has not been established, the management body in its supervisory function regularly communicates with the institution's risk management function and shall, where appropriate, have access equivalent body has been established, the risk committee or equivalent body, have adequate access to information on the risk situation of the institution and, if necessary and appropriate, to the risk management function and to external expert advice.
Amendment 205 #
2011/0203(COD)
Proposal for a directive
Article 75 – paragraph 4 – subparagraph 2
Article 75 – paragraph 4 – subparagraph 2
The risk committee, or, when such a committee has not been established, the management body in its supervisory functionmanagement body and, when a risk committee or equivalent body has been established, the risk committee or equivalent body, shall determine the nature, the amount, the format, and the frequency of the information on risk it shall receive from senior management.
Amendment 207 #
2011/0203(COD)
Proposal for a directive
Article 75 – paragraph 5 – subparagraph 1
Article 75 – paragraph 5 – subparagraph 1
5. Competent authorities shall ensure that institutions have a risk management function with sufficient independentce from the operational and management functions and which shall have sufficient authority, stature, and resources and access to the management bodysubject to Article 7(2) of Directive 2006/73/EC.
Amendment 211 #
2011/0203(COD)
Proposal for a directive
Article 75 – paragraph 5 – subparagraph 3
Article 75 – paragraph 5 – subparagraph 3
Amendment 215 #
2011/0203(COD)
Proposal for a directive
Article 75 – paragraph 5 – subparagraph 4
Article 75 – paragraph 5 – subparagraph 4
The head of the risk management function shall be an independent senior executivemanager with distinct responsibility for the risk management function. Where the nature, scale and complexity of the activities of the institution do not justify a specially appointed person, another senior person within the institution may fulfil this function, provided there is no unmanageable conflict of interest.
Amendment 218 #
2011/0203(COD)
Proposal for a directive
Article 75 – paragraph 5 – subparagraph 5 a (new)
Article 75 – paragraph 5 – subparagraph 5 a (new)
The application of this Directive shall be without prejudice to the application of Directive 2006/73/EC to investment firms.
Amendment 221 #
2011/0203(COD)
Proposal for a directive
Article 76 – paragraph 1
Article 76 – paragraph 1
1. Competent authorities shall ensure that institutions take appropriate steps to developin institutions, which are significant in terms of their size, internal organisation and the nature, scope and complexity of their activities promote internal credit risk assessment capacity and the increased use of the internal ratings based approaches for calculating own funds requirements for credit risk where their exposures are material in absolute terms and where they have at the same time a large number of material counterparties. In order to do this, competent authorities shall enforce sound internal credit policies.
Amendment 224 #
2011/0203(COD)
Proposal for a directive
Article 76 – paragraph 2
Article 76 – paragraph 2
2. Competent authorities shall ensure that institutions take appropriate steps to develop an, in institutions, which are significant in terms of their size, internal organisation and the nature, scope and complexity of their activities promote internal specific risk assessment capacity and increased use of internal models for calculating own funds requirements for specific risk of debt instruments in the trading book, together with internal models to calculate own funds requirements for default and migration risk where their exposures to specific risk are material in absolute terms and where they have a large number of material positions in debt instruments of different issuers. In order to do this, competent authorities shall enforce sound internal policies for specific risk as well as for default and migration risk.
Amendment 239 #
2011/0203(COD)
Proposal for a directive
Article 86 – paragraph 1 – subparagraph 2 – point a
Article 86 – paragraph 1 – subparagraph 2 – point a
(a) the management body shall have the overall responsibility for the institution, including approvinge and overseeing the implementation of the institution's strategic objectives, risk strategy and internal governance;
Amendment 246 #
2011/0203(COD)
Proposal for a directive
Article 86 – paragraph 1 – subparagraph 2 – point c
Article 86 – paragraph 1 – subparagraph 2 – point c
(c) the chairman of the management body, which is responsible for the supervisory function of an institution, shall not exercise simultaneously the functions of a chief executive officer within the same institution, unless justified by the institution and authorised by competent authorities.
Amendment 251 #
2011/0203(COD)
Proposal for a directive
Article 86 – paragraph 2 – subparagraph 1
Article 86 – paragraph 2 – subparagraph 1
2. Competent authorities shall ensure that institutions establish a nomination committee composed of members of the management body who do not perform any executive function in the institution concerned, which are significant in terms of their size, internal organisation and the nature, scope and complexity of their activities establish a nomination committee or equivalent body composed of members of the management body.
Amendment 254 #
2011/0203(COD)
Proposal for a directive
Article 86 – paragraph 2 – subparagraph 2 – introductory part
Article 86 – paragraph 2 – subparagraph 2 – introductory part
The nomination committee shall carry out the following at the discretion of the management body:
Amendment 255 #
2011/0203(COD)
Proposal for a directive
Article 86 – paragraph 2 – subparagraph 2 – point a
Article 86 – paragraph 2 – subparagraph 2 – point a
(a) identify and recommend, for the approval of the management body in its supervisory functionor for approval of the general meeting candidates to fill management body vacancies. In doing so, the nomination committee shall evaluate the balance of knowledge, skills, diversity and experience of the management body,. Further, the committee shall prepare a description of the roles and capabilities for a particular appointment, and assess the time commitment expected;
Amendment 259 #
2011/0203(COD)
Proposal for a directive
Article 86 – paragraph 2 – subparagraph 2 – point b
Article 86 – paragraph 2 – subparagraph 2 – point b
(b) periodically assess the structure, size, composition and performance of the management body, and make recommendations to the management body in its supervisory function with regard to any changes;
Amendment 262 #
2011/0203(COD)
Proposal for a directive
Article 86 – paragraph 2 – subparagraph 2 – point c
Article 86 – paragraph 2 – subparagraph 2 – point c
(c) periodically assess the knowledge, skills and experience of individual members of the management body and of the management body collectively, and report this to the management body in its supervisory function;
Amendment 266 #
2011/0203(COD)
Proposal for a directive
Article 86 – paragraph 2 – subparagraph 3
Article 86 – paragraph 2 – subparagraph 3
In performing its duties, the nomination committee shall be able to use any forms of resources it deems appropriateas provided by the management body, including external advice, and shall receive appropriate funding from the institution to this effect.
Amendment 272 #
2011/0203(COD)
Proposal for a directive
Article 87 – paragraph 1 – introductory part
Article 87 – paragraph 1 – introductory part
1. Competent authorities shall require that all mMembers of the management body of any institution shall at all times be of sufficiently good repute, possess sufficient knowledge, skills and experience and commit sufficient time to perform their duties. Members of the management body shall, in particular, fulfil the following requirements:
Amendment 275 #
2011/0203(COD)
Proposal for a directive
Article 87 – paragraph 1 – point a – introductory part
Article 87 – paragraph 1 – point a – introductory part
(a) MThe members of the management body shall commit sufficient time to perform their functions in the institution. Theyof an institution, who intends to hold a position in the management body of several institutions at the same time, shall take into account individual circumstances and the nature, scale and complexity of the institution's activities. Members of the management body of institutions that are significant in terms of their size, internal organisation and the nature, the scope and the complexity of their activities shall not combine at the same time more than one of the following combinations unless they can justify this to the relevant competent authority:
Amendment 285 #
2011/0203(COD)
Proposal for a directive
Article 87 – paragraph 1 – point a – point ii
Article 87 – paragraph 1 – point a – point ii
(ii) fourive non-executive directorships.
Amendment 290 #
2011/0203(COD)
Proposal for a directive
Article 87 – paragraph 1 – point a – subparagraph 2
Article 87 – paragraph 1 – point a – subparagraph 2
Amendment 295 #
2011/0203(COD)
Proposal for a directive
Article 87 – paragraph 1 – point a – subparagraph 3
Article 87 – paragraph 1 – point a – subparagraph 3
Amendment 307 #
2011/0203(COD)
Proposal for a directive
Article 87 – paragraph 2
Article 87 – paragraph 2
2. Competent authorities shall require institutions toInstitutions shall devote adequate human and financial resources to the induction and training of members of the management body.
Amendment 309 #
2011/0203(COD)
Proposal for a directive
Article 87 – paragraph 3
Article 87 – paragraph 3
Amendment 315 #
2011/0203(COD)
Proposal for a directive
Article 87 – paragraph 4
Article 87 – paragraph 4
Amendment 317 #
2011/0203(COD)
Proposal for a directive
Article 87 – paragraph 5
Article 87 – paragraph 5
Amendment 326 #
2011/0203(COD)
Proposal for a directive
Article 88 – paragraph 1
Article 88 – paragraph 1
1. The application of Articles 88(2) to 91 shall be ensured by competent authorities for institutions at group, parent company and subsidiary levels, including those established in offshore financial centres.
Amendment 333 #
2011/0203(COD)
Proposal for a directive
Article 88 – paragraph 2 – point c
Article 88 – paragraph 2 – point c
(c) the management body, in its supervisory function, of the institution adopts and periodically reviews the general principles of the remuneration policy and is responsible for its implementation;
Amendment 336 #
2011/0203(COD)
Proposal for a directive
Article 88 – paragraph 2 – point d
Article 88 – paragraph 2 – point d
(d) the implementation of the remuneration policy is, at least annually, subject to central and independent internal review for compliance with policies and procedures for remuneration adopted by the management body in its supervisory function;
Amendment 338 #
2011/0203(COD)
Proposal for a directive
Article 88 – paragraph 2 – point f
Article 88 – paragraph 2 – point f
(f) the remuneration of the senior officers in the risk management and compliance functions is directly overseen by the remuneration committee referred to in Article 91 or, if such a committee has not been established, by the management body in its supervisory functionto the extent possible under national law.
Amendment 343 #
2011/0203(COD)
Proposal for a directive
Article 89 – introductory part
Article 89 – introductory part
In the case of institutions that benefit from exceptional government intervention, the following principles shall apply in addition to and under the same conditions as those set out in Article 88(2):
Amendment 346 #
2011/0203(COD)
Proposal for a directive
Article 89 – point b
Article 89 – point b
(b) the relevant competent authorities require institutions to restructure remuneration in a manner aligned with sound risk management and long-term growth, including, where appropriate, establishing limits to the remuneration of the persons who effectively direct the business of the credit institution within the meaning of Article 13(1) of this Directive or Article 9(1) of Directive 2004/39/EC;
Amendment 349 #
2011/0203(COD)
Proposal for a directive
Article 90 – paragraph 1 – subparagraph 1 – introductory part
Article 90 – paragraph 1 – subparagraph 1 – introductory part
1. For variable elements of remunerations, the following principles shall apply in addition to and under the same conditions as those set out in Article 88(2):
Amendment 350 #
2011/0203(COD)
Proposal for a directive
Article 90 – paragraph 1 – subparagraph 1 – point b
Article 90 – paragraph 1 – subparagraph 1 – point b
(b) the assessment of the performance is set in a multi-year framework in order to ensure that the assessment process is based on longer-term performance and that the actual payment of performance-based components of remuneration is spread over a period which takes account of the underlying business cycle of the credit institution and its business risks;
Amendment 358 #
2011/0203(COD)
Proposal for a directive
Article 90 – paragraph 1 – subparagraph 1 – point i
Article 90 – paragraph 1 – subparagraph 1 – point i
(i) the allocation of the variable remuneration components within the credit institution shall also take into account all types of current and future risks;
Amendment 364 #
2011/0203(COD)
Proposal for a directive
Article 90 – paragraph 1 – subparagraph 1 – point m – subparagraph 1
Article 90 – paragraph 1 – subparagraph 1 – point m – subparagraph 1
(m) the pension policy is in line with the business strategy, objectives, values and long-term interests of the credit institution;
Amendment 366 #
2011/0203(COD)
Proposal for a directive
Article 90 – paragraph 2
Article 90 – paragraph 2
Amendment 369 #
2011/0203(COD)
Proposal for a directive
Article 91 – paragraph 2
Article 91 – paragraph 2
2. Competent authorities shall ensure that the remuneration committee is responsible for the preparation of decisions regarding remuneration, including those which have implications for the risk and risk management of the credit institution concerned and which are to be taken by the management body in its supervisory function. The Chair and the members of the remuneration committee shall be members of the management body who do not perform any executive functions in the credit institution concerned. When preparing such decisions, the remuneration committee shall take into account the long- term interests of shareholders, investors and other stakeholders in the institution.
Amendment 370 #
2011/0203(COD)
Proposal for a directive
Article 91 – paragraph 2
Article 91 – paragraph 2
2. Competent authorities shall ensure that the remuneration committee is responsible for the preparation of decisions regarding remuneration, including those which have implications for the risk and risk management of the credit institution concerned and which are to be taken by the management body in its supervisory function. The Chair and the members of the remuneration committee shall be members of the management body who do not perform any executive functions in the credit institution concerned. When preparing such decisions, the remuneration committee shall take into account the long- term interests of shareholders, investors and other stakeholders in the institution.
Amendment 258 #
2011/0202(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 84
Article 4 – paragraph 1 – point 84
Amendment 602 #
2011/0202(COD)
Proposal for a regulation
Article 100 – paragraph 2 – subparagraph 2
Article 100 – paragraph 2 – subparagraph 2
Amendment 766 #
2011/0202(COD)
Proposal for a regulation
Article 185 – paragraph 1
Article 185 – paragraph 1
Amendment 767 #
2011/0202(COD)
Proposal for a regulation
Article 185 – paragraph 2
Article 185 – paragraph 2
Amendment 768 #
2011/0202(COD)
Proposal for a regulation
Article 185 – paragraph 3
Article 185 – paragraph 3
3. Internal ratings-based analysis of the institution's credit risk profile shall be an essential part of the management reporting to these parties. Reporting shall include at least risk profile by grade, migration across grades, estimation of the relevant parameters per grade, and comparison of realised default rates, and to the extent that own estimates are used of realised LGDs and realised conversion factors against expectations and stress-test results. Reporting frequencies shall depend on the significance and type of information and the level of the recipient.
Amendment 769 #
2011/0202(COD)
Proposal for a regulation
Article 185 – paragraph 4
Article 185 – paragraph 4
Amendment 801 #
2011/0202(COD)
Proposal for a regulation
Article 280 – paragraph 4
Article 280 – paragraph 4
4. An institution's management body and senior management shall be actively involved in, and ensure that adequate resources are allocated to, the management of CCR. Senior management shall be aware of the limitations and assumptions of the model used and the impact those limitations and assumptions can have on the reliability of the output through a formal process. Senior managementThe institution shall be also aware of the uncertainties of the market environment and operational issues and of how these are reflected in the model.
Amendment 802 #
2011/0202(COD)
Proposal for a regulation
Article 280 – paragraph 8
Article 280 – paragraph 8
8. An institution shall establish and maintain a routine and rigorous program of stress testing. The results of that stress testing shall be reviewed regularly and at least quarterly by senior managementthe institution and shall be reflected in the CCR policies and limits set by the management body or senior managementinstitution. Where stress tests reveal particular vulnerability to a given set of circumstances, the institution shall take prompt steps to manage those risks.
Amendment 803 #
2011/0202(COD)
Proposal for a regulation
Article 285 – paragraph 6
Article 285 – paragraph 6
Amendment 804 #
2011/0202(COD)
Proposal for a regulation
Article 287 – paragraph 1 – point d
Article 287 – paragraph 1 – point d
(d) the management body and senior management shall be involved in the risk control process and shall ensure that adequate resources are devoted to credit and counterparty credit risk control. In this regard, tThe daily reports prepared by the independent risk control unit established in accordance Article 281(1)(a) shall be reviewed by a level of management with sufficient seniority and authority to enforce both reductions of positions taken by individual traders and reductions in the overall risk exposure of the institution;
Amendment 806 #
2011/0202(COD)
Proposal for a regulation
Article 296 – paragraph 1
Article 296 – paragraph 1
1. Institutions shall monitor all their exposures to CCPs and shall regularly report information on those exposures to their senior management and appropriate committee or committees of the management body.
Amendment 814 #
2011/0202(COD)
Proposal for a regulation
Article 307 – paragraph 2 – point f
Article 307 – paragraph 2 – point f
Amendment 833 #
2011/0202(COD)
Proposal for a regulation
Article 357 – paragraph 1 – point c
Article 357 – paragraph 1 – point c
(c) the institution's management body and senior management shall be actively involved in the risk-control process and the daily reports produced by the risk- control unit are reviewed by a level of management with sufficient authority to enforce both reductions of positions taken by individual traders as well as in the institution's overall risk exposure;
Amendment 1313 #
2011/0202(COD)
Proposal for a regulation
Article 422 – paragraph 2 – point e
Article 422 – paragraph 2 – point e
(e) the description of the information flow on risk to the management body in its supervisory function.
Amendment 158 #
2011/0177(APP)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Points to the significant savings that could be made if the European Parliament were to have a single seat; urges the budgetary authority to raise this issue in the negotiations on the next MFF 2014-2020;
Amendment 18 #
2011/0136(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Creating a legal framework to facilitate the digitisation and dissemination of works for which no authorightholder is identified or, even if identified, is not located, so called orphan works, is a key action of the Digital Agenda for Europe, as set out in the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions – A Digital Agenda for Europe.
Amendment 21 #
2011/0136(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The exclusive rights for authorightholders of reproduction and of making available to the public of their works, as harmonised under Directive 2001/29/EC of the European Parliament and Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, require the consent of the author prior to the digitisation and making available of a work.
Amendment 31 #
2011/0136(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Before a work can be considered an orphan work, a good faith and reasonable diligent search for the authorightholder should be carried out. Member States should be permitted to provide that such a diligent search may be carried out by the organisations referred to in this Directive or by other organisations.
Amendment 38 #
2011/0136(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Orphan works may have several authorightholders or include other works or protected subject matter. This Directive should not affect the rights of known or identified rightholders.
Amendment 40 #
2011/0136(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to avoid duplication of search efforts, a diligent search should be conducted only in the Member State where the work was first published or broadcast or, where relevant, in the country most associated with the work. In order to enable other Member States to ascertain whether the orphan status of a work has been established in another Member State, Member States should ensure that the results of diligent searches carried out in their territories are recorded in a publicly accessible database.
Amendment 43 #
2011/0136(COD)
Proposal for a directive
Recital 16
Recital 16
(16) It is appropriate to provide that authorightholders are entitled to put an end to the orphan status in case they come forward to claim their works.
Amendment 47 #
2011/0136(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Contractual arrangements may play a role in fostering the digitisation of European cultural heritage, it being understood that libraries, educational establishments, museums or archives and film heritage institutions may, with a view to undertake the uses permitted under this Directive, conclude agreements with commercial partners for the digitisation and making available of orphan works. These agreements may include financial contributions by such partners but shall not vest in them any exploitation rights of the works.
Amendment 55 #
2011/0136(COD)
Proposal for a directive
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. This Directive applies to works first published or broadcast in a Member State or, where relevant, in the country most associated with the work, and which are:
Amendment 61 #
2011/0136(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. For the purposes of establishing whether a work is an orphan work, the organisations referred to in Article 1(1) shall ensure that a diligent search is carried out for each work, by consulting the appropriate sources for the category of works in question.
Amendment 66 #
2011/0136(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. A diligent search is required to be carried out only in the Member State of first publication or broadcast or, where relevant, in the country most associated with the work.
Amendment 79 #
2011/0136(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that the organisations referred to in Article 1(1), when using orphan works in accordance with paragraph 1, maintain records of their diligent search and publicly accessible records of use and ensure that in the case of an orphan work where a rightholder has been identified but not located, the name of the rightholder is indicated in any use of the work.
Amendment 90 #
2011/0136(COD)
Proposal for a directive
Article 7 – paragraph 1 – point 5 a (new)
Article 7 – paragraph 1 – point 5 a (new)
(5a) ultimate liability for payment of the remuneration lies with the Member State in which the work was used.
Amendment 92 #
2011/0136(COD)
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Member States may choose to use existing or future national schemes to facilitate the mass digitisation of orphan works and to permit the commercial use of orphan works.
Amendment 126 #
2011/0062(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) Credit agreements which will eventually be repaid from the sale proceeds of an immovable propertyere the creditor: i) contributes a lump sum, periodic payments or other forms of credit disbursement in return for a sum deriving from the sale of an immovable property or a right relating to immovable property; and ii) will not seek full repayment of the credit until the occurrence of one or more specified life events defined in Member States (equity release).
Amendment 128 #
2011/0062(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b a (new)
Article 2 – paragraph 2 – point b a (new)
(ba) if a Member State so chooses with regard to some or all of its provisions, to credit agreements which relate to loans granted to a restricted public under a statutory provision with a general interest purpose, and at lower interest rates than those prevailing on the market or free of interest or on other terms which are more favourable to the consumer than those prevailing on the market and at interest rates not higher than those prevailing on the market.
Amendment 129 #
2011/0062(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b b (new)
Article 2 – paragraph 2 – point b b (new)
(bb) if a Member State so chooses with regard to some or all of its provisions, credit agreements where the property is not to be occupied as a dwelling by the consumer or his relative.
Amendment 130 #
2011/0062(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b c (new)
Article 2 – paragraph 2 – point b c (new)
(bc) if a Member State so chooses with regard to some or all of its provisions, to credit agreements entered into by a consumer with an annual net income of no less than EUR 1 500 000 or net assets of no less than EUR 2 000 000.
Amendment 131 #
2011/0062(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b d (new)
Article 2 – paragraph 2 – point b d (new)
(bd) if a Member State so chooses with regard to some or all of its provisions, credit agreements where the credit is due to be repaid within 12 months.
Amendment 132 #
2011/0062(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b e (new)
Article 2 – paragraph 2 – point b e (new)
(be) if a Member State so chooses with regard to some or all of its provisions, organisations as defined in Article 2(5) of Directive 2008/48/EC.
Amendment 153 #
2011/0062(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 3 a (new)
Article 4 – paragraph 1 – subparagraph 3 a (new)
In the case of activity in a host Member State, supervision of the ongoing activities of creditors and credit intermediaries shall be performed by the competent authority of the host Member State. The competent authority of the home Member State shall be required to provide the competent authority of the host Member State with all relevant information. Competent authorities of the host Member State shall have the power to intervene if credit intermediaries fail to comply with their duties and responsibilities defined in this Directive. In addition, competent authorities of the host Member State shall be granted the right to refuse authorisations.
Amendment 169 #
2011/0062(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1 – point b
Article 8 – paragraph 2 – subparagraph 1 – point b
Amendment 171 #
2011/0062(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1 – point d
Article 8 – paragraph 2 – subparagraph 1 – point d
Amendment 191 #
2011/0062(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Member States shall ensure that the creditor and, where applicable, the credit intermediary, without undue delay after the consumer has given the necessary information on his needs, financial situation and preferences in accordance with Article 14, provides the consumer with the personalised information needed to compare the credits available on the market, assess their implications and take an informed decision on whether to conclude a credit agreement. Such information, on paper or on another durable medium, shall be provided by means of the European Standardised Information Sheet (‘ESIS’), as set out in Annex IIa standardised information sheet and free of charge. Member States shall use the European Standardised Information Sheet (‘ESIS’), as set out in Annex II unless or until a more suitable national information sheet has been developed and agreed by all stakeholders including consumer representatives.
Amendment 199 #
2011/0062(COD)
Proposal for a directive
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
Amendment 200 #
2011/0062(COD)
Proposal for a directive
Article 9 – paragraph 3 – subparagraph 2 – point d
Article 9 – paragraph 3 – subparagraph 2 – point d
Amendment 201 #
2011/0062(COD)
Proposal for a directive
Article 9 – paragraph 3 – subparagraph 2 – point e
Article 9 – paragraph 3 – subparagraph 2 – point e
Amendment 211 #
2011/0062(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that creditors and, where applicable, credit intermediaries provide adequate explanations to the consumer on the proposed credit agreement(s) and any ancillary service(s), in order to place the consumer in a position enabling him to assess whether the proposed credit agreements are adapted to his needs and financial situation. An adequate explanation shall include the provision of personalised information on the essential characteristics of the credits on offer, without however formulating any recommendation. Creditors and, where applicable, credit intermediaries shall accurately assess the level of knowledge and experience with credit of the consumer by any means necessary so as to enable the creditor or the intermediary to determine the level of explanations to be given to the consumer and adjust such explanations accordingly.
Amendment 219 #
2011/0062(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 255 #
2011/0062(COD)
Proposal for a directive
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) consider a sufficiently large number of credit agreements available on the market so as to enabledisclose to the consumer the range of credit agreements they consider so that the consumer understands the basis of the recommendation of the most suitable credit agreements for the consumer'’s needs, financial situation and personal circumstances;
Amendment 272 #
2011/0062(COD)
Proposal for a directive
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Member States shall ensure that authorised credit intermediaries are subject to supervision of their ongoing activities by their relevant homest competent authority as referred to in Article 4. Host competent authorities shall have the power to intervene if authorised credit intermediaries fail to comply with their duties and responsibilities defined in this Directive. Host competent authorities shall have the right to refuse a passport access if they have justifiable reason to doubt that the accessing intermediaries comply with the preconditions defined in this Directive.
Amendment 274 #
2011/0062(COD)
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 2 a (new)
Article 22 – paragraph 2 – subparagraph 2 a (new)
Where a credit intermediary has a branch in a Member State other than its home Member State, the competent authority of the Member State in which the branch is located shall assume responsibility for ensuring that the services provided by the branch within its territory comply with the obligations laid down in Articles 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17 and 18 and in measures adopted pursuant thereto. The competent authority of the Member State in which the branch is located shall have the right to examine branch arrangements and to request such changes as are strictly needed to enable the competent authority to enforce the obligations under Articles 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17 and 18 and measures adopted pursuant thereto with respect to the services and/or activities provided by the branch within its territory.
Amendment 275 #
2011/0062(COD)
Proposal for a directive
Article 22 – paragraph 4 – introductory part
Article 22 – paragraph 4 – introductory part
4. Where the host Member State has clear and demonstrable grounds for concluding that a credit intermediary acting within its territory under the freedom to provide services or through a branch is in breach of the obligations set out in this Directive which do not confer powers on the competent authority of the host Member State, it shall refer those findings to the competent authority of the home Member State which shall take the appropriate measures. In cases where, despite measures taken by the competent authority of the home Member State, a credit intermediary persists in acting in a manner that is clearly prejudicial to the interests of host Member State consumers or the orderly functioning of markets, the following shall apply:
Amendment 276 #
2011/0062(COD)
Proposal for a directive
Article 22 – paragraph 4 a (new)
Article 22 – paragraph 4 a (new)
4a. Where the competent authorities of a host Member State ascertain that a credit intermediary that has a branch within its territory is in breach of the legal or regulatory provisions adopted in that State pursuant to those provisions of this Directive which confer powers on the host Member State's competent authorities, those authorities shall require the credit intermediary concerned to put an end to its irregular situation. In cases where, despite measures taken by the competent authority of the host Member State, a credit intermediary persists in acting in a manner that is clearly prejudicial to the interests of host Member State consumers or the orderly functioning of markets, the following shall apply: (a) The competent authority of the host Member State, after informing the competent authority of the home Member State shall take all the appropriate measures needed in order to protect consumers and the proper functioning of the markets including by preventing the offending credit intermediaries from initiating any further transactions within their territories. The Commission shall be informed of such measures without undue delay (b) In addition, the competent authority of the host Member State may refer the matter to the EBA and request its assistance in accordance with Article 19 of Regulation (EU) No 1093/2010. In that case, the EBA may act in accordance with the powers conferred on it by that Article.
Amendment 281 #
2011/0062(COD)
Proposal for a directive
Article 31 – paragraph 2 – point a
Article 31 – paragraph 2 – point a
(a) an assessment of consumer satisfaction with the ESIS and the use thereof;
Amendment 347 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 14 a (new)
Article 2 – point 14 a (new)
Directive 2009/138/EC
Article 77 – paragraph 1 a (new)
Article 77 – paragraph 1 a (new)
(14a) In Article 77, the following paragraph is inserted: ‘The Capital requirement for illiquidity premium risk is equal to the maximum between the net value of assets minus liabilities and the shock equivalent to the immediate effect on the net value of asset and liabilities expected in the event of a fall in the value of the illiquidity premium observed in the financial markets. The amount of the fall is determined in accordance with Article 86 (da). Depending on their level of liquidity the liabilities can be discounted with the risk- free interest rate term structures that includes a 100%, 75% or 50% illiquidity premium in accordance with art 86 da).’
Amendment 354 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 15
Article 2 – point 15
Directive 2009/138/EC
Article 77a – paragraph 1
Article 77a – paragraph 1
EIOPA shall publish technical information including information concerning the relevant risk-free interest rate term structure. Where EIOPA observes, including an illiquidity premium in the financial markets in periods of stressed liquidity,periods of stressed financial markets. The published relevant risk-free interest rate term structure [...]shall include information relating to the illiquidity[…]that premium, including its size shall also be published. EIOPA shall carry out the observation of the illiquidity premium and the derivation of the information on a . EIOPA shall calculate the illiquidity premium in a transparent, objective and reliable basis[…] manner. Information for all these purposes shall be derived according to the calculation methods and assumptions which may include formulae, or determinations made by EIOPA.specified in the [Regulatory Technical Standard] referred to in Article 86(i)
Amendment 372 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 16
Article 2 – point 16
Directive 2009/138/EC
Article 86 – paragraph 1 – point d a (new)
Article 86 – paragraph 1 – point d a (new)
(da) The detailed methodology to calculate the illiquidity premium and the criteria to determine the percentage of illiquidity premium that can be applied to the liabilities as referred to in Article 77;
Amendment 385 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 20
Article 2 – point 20
Directive 2009/138/EC
Article 109a – paragraph 1 – introductory part
Article 109a – paragraph 1 – introductory part
1. For the purposes of evaluating risk mitigation techniques as referred to in Article 101(5)In order to ensure uniform conditions of application of this Article and for the purposes of facilitating the calculation of the market risk module referred to in Article 105(5) and, where appropriate, facilitating, facilitating the calculation of the counterparty default risk module referred to in Article 105(6), EIOPA shallevaluating risk mitigation techniques referred to in Article 101(5), and calculating technical provisions, EIOPA shall develop draft implementing technical standards concerning:
Amendment 387 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 20
Article 2 – point 20
Directive 2009/138EC
Article 109a – paragraph 1 – point a
Article 109a – paragraph 1 – point a
(a) assess the eligibility of external credit assessment institutions and allocate their credit assessments to an objective scale of credit quality stepslists of regional governments and local authorities, exposures to whom are to be treated as exposures to the central government in whose jurisdiction they are established to the extent there is no difference in risk between such exposures because of the specific revenue-raising powers of the former, and the existence of specific institutional arrangements the effect of which is to reduce the risk of default;
Amendment 389 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 20
Article 2 – point 20
Directive 2009/138EC
Article 109a – paragraph 1 – point b
Article 109a – paragraph 1 – point b
(b) publisha lists of regional governments and local authorities, exposures to whom are to be treated as exposures to central government;the external credit assessment institutions and an allocation of their credit assessments to an objective scale of credit quality steps, in accordance with the detailed criteria for the recognition of external credit assessment institutions and for the association of credit assessments to a scale of credit quality as established by the [Regulatory Technical Standard] referred to in Article 111(1)(n).
Amendment 391 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 20
Article 2 – point 20
Directive 2009/138EC
Article 109a – paragraph 1 – point c
Article 109a – paragraph 1 – point c
(c) specify the equity index referred to in Article 106(2), calculateand the symmetric adjustment referred to in Article 106 and publish both sets of information on a regular basisin accordance with the detailed criteria established by the [Regulatory Technical Standard] referred to in points (c) and (o) of Article 111(1)(o);
Amendment 393 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 20
Article 2 – point 20
Directive 2009/138EC
Article 109a – paragraph 1 – point d
Article 109a – paragraph 1 – point d
(d) specify the adjustments to be made for currencies pegged to the euro in the currency risk sub-module referred to in Article 105(5), in accordance with the detailed criteria for the adjustments for currencies pegged to the euro for the purpose of facilitating the calculation of the currency risk sub-module, as established by the [Regulatory Technical Standard] referred to in Article 111(1)(p).
Amendment 394 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 20
Article 2 – point 20
Directive 2009/138EC
Article 109a – paragraph 1 a (new)
Article 109a – paragraph 1 a (new)
1a. EIOPA shall submit those draft implementing technical standards to the Commission by 12 September 2012.
Amendment 395 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 20
Article 2 – point 20
Directive 2009/138EC
Article 109a – paragraph 1 b (new)
Article 109a – paragraph 1 b (new)
1b. Power is conferred on the Commission to adopt the implementing technical standards referred to in the second paragraph in accordance with Article 15 of Regulation (EU) No 1094/2010.
Amendment 397 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 20
Article 2 – point 20
Directive 2009/138EC
Article 109a – paragraph 2
Article 109a – paragraph 2
2. FIn order to ensure uniform conditions of application of this Article and for the purpose of facilitating the calculation of the health underwriting risk module referred to in Article 105(4), EIOPA shall calculate and publishdevelop draft implementing technical standards establishing […] standard deviations in relation to specific national legislative measures of Member States which permit the sharing of claims payments in respect of health risk amongst insurance and reinsurance undertakings and which meet specified criteria. detailed criteria established by the delegated act referred to in Article 111(1)(q). EIOPA shall submit those draft implementing technical standards to the Commission by 12 September 2012. Power is conferred on the Commission to adopt the implementing technical standards referred to in the second paragraph in accordance with Article 15 of Regulation (EU) No 1094/2010.
Amendment 410 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 30 – point a
Article 2 – point 30 – point a
Directive 2009/138EC
Article 138 – paragraph 4 – subparagraph 1
Article 138 – paragraph 4 – subparagraph 1
In the event of an exceptional fall in financial markets, as determined by EIOPA in accordance with this paragraph, the supervisory authority may extend the period set out in the second sub- paragraph of paragraph 3 by an appropriate period of time taking into account all relevant factors.
Amendment 411 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 30 – point b
Article 2 – point 30 – point b
Directive 2009/138EC
Article 138 – paragraph 4 – subparagraph 4
Article 138 – paragraph 4 – subparagraph 4
Without prejudice to the powers of the EIOPA under Article 18 of Regulation …/…, for the purposes of this paragraph, EIOPA shall, following a request by the supervisory authority concerned, address an individual decision to the requesting supervisory authority declaring the existence of an exceptional fall in financial markets. A(EU) No 1094/2010, EIOPA may issue a recommendation in accordance with Article 16 of Regulation (EU) No 1094/2010 stating that, in its opinion, an exceptional fall in financial markets exists, where one or more insurance or reinsurance undertakings are unable to meet one of the requirements set out in paragraph 3 of this Article within the time period defined therein as a consequence ofn there has been , a fall in financial markets which is unforeseen, sharp and steep, which is different from the downturns that occur as part of the economic cycle and which has already affected seriously and adversely the financial situation of one or more insurance and reinsurance undertakings collectively representing a substantial part of the insurance or reinsurance market in one or more Member States.
Amendment 413 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 30 – point b
Article 2 – point 30 – point b
Directive 2009/138EC
Article 138 – paragraph 4 – subparagraph 5
Article 138 – paragraph 4 – subparagraph 5
EIOPA shall at least once a month review whether the conditions referred to in the fourth subparagraph still apply as of the date of the review and repeal that drecisommendation where one or more of the conditions referred to in the fourth subparagraph on which the drecisommendation was based is no longer fulfilled. To this end EIOPA shall address an individual drecisommendation to the supervisory authority concerned declaring that an exceptional fall in financial markets has ceased to exist..
Amendment 414 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 30 – point b
Article 2 – point 30 – point b
Directive 2009/138EC
Article 138 – paragraph 4 – subparagraph 5 a (new)
Article 138 – paragraph 4 – subparagraph 5 a (new)
The supervisory authorities shall make every effort to comply with EIOPA’s recommendations.
Amendment 417 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 30 – point b
Article 2 – point 30 – point b
Directive 2009/138EC
Article 138 – paragraph 4 – subparagraph 5 b (new)
Article 138 – paragraph 4 – subparagraph 5 b (new)
Within 7 days of the issuance of a recommendation, each supervisory authority concerned shall confirm whether it complies or intends to comply with that recommendation. In the event that a supervisory authority does not comply or does not intend to comply, it shall inform EIOPA, stating its reasons.
Amendment 419 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 30 – point b
Article 2 – point 30 – point b
Directive 2009/138EC
Article 138 – paragraph 4 – subparagraph 5 c (new)
Article 138 – paragraph 4 – subparagraph 5 c (new)
EIOPA shall publish the fact that a supervisory authority does not comply or does not intend to comply with that recommendation. EIOPA may also decide, on a case by case basis, to publish the reasons provided by the supervisory authority for not complying with that recommendation. The supervisory authority shall receive advanced notice of such publication.
Amendment 428 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 35 – point b a (new)
Article 2 – point 35 – point b a (new)
Directive 2009/138EC
Article 172 – paragraph 6 a (new)
Article 172 – paragraph 6 a (new)
(ba) In Article 172, the following paragraph is added: ‘6a. After 3 years of the transitional period being applied, the Commission shall start a review on the third country making progress towards equivalence measured against the following milestones: (a) the solvency regime is risk based (b) that it has an independent system of supervision founded on IAIS principles (c) it operates an insurance market open to (re)insurance companies based in other jurisdictions In line with the conclusions of the review, at the end of the 5 year transitional period, the Commission may extend the transitional period for a further 5 years. After 5 years, where a third country has made progress towards equivalence, the transitional may be extended for a further 5 years.’
Amendment 434 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 42 a (new)
Article 2 – point 42 a (new)
Directive 2009/138EC
Article 227 – paragraph 8 a (new)
Article 227 – paragraph 8 a (new)
Amendment 449 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 62 – point e
Article 2 – point 62 – point e
Directive 2009/138EC
Article 260 – paragraph 6 a (new)
Article 260 – paragraph 6 a (new)
6a. After 3 years of the transitional period being applied, the Commission shall start a review on the third country making progress towards equivalence measured against the following milestones: (a) the solvency regime is risk based (b) that it has an independent system of supervision founded on IAIS principles (c) it operates an insurance market open to (re)insurance companies based in other jurisdictions In line with the conclusions of the review, at the end of the 5 year transitional period, the Commission may extend the transitional period for a further 5 years. After 5 years, where a third country has made progress towards equivalence, the transitional may be extended for a further 5 years.
Amendment 450 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 69 a (new)
Article 2 – point 69 a (new)
Directive 2009/138EC
Article 308 – paragraph 1 a (new)
Article 308 – paragraph 1 a (new)
(69a) In Article 308, the following paragraph is added; ‘1a. From 1st January 2013 Member States shall ensure that supervisory authorities have sufficient powers to process applications for permission to calculate the Solvency Capital Requirement on the basis of an internal model and that they are obliged to consider such applications.’
Amendment 451 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 70
Article 2 – point 70
Directive 2009/138EC
Article 308a – paragraph 3
Article 308a – paragraph 3
3. Where the Commission has adopted a delegated act in accordance with Article 308b(3), Article 41(1) and ArtUntil 1 January 2014 Member States shall provide that insurance and reinsurance remain subject to the capital requirements and reporting requirements in force in their respective jurisdiction prior to 1 January 2013. Without prejudicle 41(3) shall not apply for a maximum period of 3 years from the date referred to to the previous paragraph, in order to monitor the progress of a particular firm towards the implementation of Solvency II Supervisory authorities may require on an ad hoc basis insurance and reinsurance undertakings to calculate all or some of the following : Solvency Capital Requirement, Minimum Capital Requirement, the amount of own funds, and determine the first sub-paragraph of Article 309(1). balance sheet in accordance with this Directive; and provide the supervisory authorities with this information.
Amendment 456 #
2011/0006(COD)
Proposal for a directive
Article 2 – point 70
Article 2 – point 70
Directive 2009/138EC
Article 308a – paragraph 5
Article 308a – paragraph 5
5. WThere the Commission has adopted a delegated act in accordance with Article 308b(5), Article 75(1) shall not apply for a maximum per rates of the relevant risk-free interest rate term structure used to calculate the best estimate with respect to insurance or reinsurance obligations corresponding to paid-in premiums for existing contracts shall still be calculated according to Directive 2002/83/EC, 10 years after the implementation of Directive 2009/138/EC where: 1. according to national law by the last date of the applicatiodn of 10 years from the date referred to in the first sub-paragraph of Article 309(1)Directive 2002/83/EC, technical provisions were calculated using the interest rate referred to in Article 20.B.a.ii of Directive 2002/83/EC; and 2. where the (re)insurance undertaking continues to comply with the conditions required under subparagraph 1.
Amendment 11 #
2010/2303(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recognises that the area of corporate governance is constantly evolving and is therefore ill-suited to a prescriptive approach and that a flexible ‘comply or explain’ approach in the form of codes of best practice is more appropriate; believes that ‘comply or explain’ is proportionate and can be applied across a wide range of financial institutions, including whether they are listed parents or subsidiaries, operating in various sectors and markets, but that it must be complemented by regular external evaluation and appropriate regulatory oversight;
Amendment 25 #
2010/2303(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for the establishment of mandatory risk committees or equivalent arrangements at board level for all economically significant financial institutions;
Amendment 30 #
2010/2303(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Believes that the risk committee or other equivalent body should have responsibility for oversight and for advising the board on the current risk exposures of the financial institution concerned and should advise on future risk strategy, including strategy for capital and liquidity management, taking into account financial stability assessments developed by supervisors and national banks;
Amendment 40 #
2010/2303(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for a rationalisation of current EU legislation with the aim of requiring every institution to publish in its annual report a risk report and a business model setting out the board's approach to overall risk strategy, including its risk tolerance and appetite, risk policy, risk management and internal control systems, including compliance policy, thereby enabling investors and supervisors to assess whether the institution has identified keon the Commission to develop legislation requiring every regulated financial institution in the European Union to describe its business model in its annual report with an explanation of the board's risk appetite and understanding of the risks inherent in delivery of the business model, the report should further include a description of the steps the board has taken to ensure these risks are overseen and managed, and of how remuneration policy risks and whether the risk management and internal control systems relating to aligned to the delivery of the business model and the management by executives of those risks are adequate involved;
Amendment 50 #
2010/2303(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on national supervisors to develop objective criteriacriteria of competence for a ‘fit and proper person’ test to assess the suitability of individuals to be added to an ‘approved persons’ list for supervised functions; supervisors must perform their assessments and approvals procedure in a timely and efficient manner with due regard for the judgement of regulated firms;
Amendment 51 #
2010/2303(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for regular, formal external assessments to be carried out of the board and its performance, on the basis of objective criteria to be approved by the relevant national supervisor, and for summaries of these assessments to be includon the Commission to develop legislation requiring large financial institutions to submit their boards to regular external evaluation aimed at ensuring not only high standards of contribution by individual directors, but also that the board as a whole and its committees are in a position to deliver on the institution's strategic objectives and management of the risk; requires large financial institutions to confirm in their annual report that they have undertaken such an evaluation, the name of the external evaluator, a description of the scope of the evaluation and that they have acted ion annual reports for the benefit of investorsits recommendations; calls on ESMA to develop guidance on the scope of such evaluations in consultation with the industry, shareholders and national supervisregulators;
Amendment 67 #
2010/2303(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that directors must devote sufficient time to the performance of their duties, which should be monitored by the board and national supervisory bodies;
Amendment 93 #
2010/2303(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes that the issue of remuneration in financial institutions has been dealt with in CRD III and Solvency II;
Amendment 137 #
2010/2303(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recognises that transparency is necessary with regard to related party transactions and that, on the basis of a benchmark to be set by ESMA, significant transactions which involve a related party should be notified to the listing authority and be accompanied by a letter from an independent adviser confirming that the transaction is fair and reasonable, or should be subject to a vote by shareholders from which the related party is excluded;
Amendment 12 #
2010/2302(INI)
Motion for a resolution
Recital D
Recital D
D. whereas CRAs rate three different sectors, the public sector, companies and structured finance instruments, and whereas CRAs played a significant role in the build-up to the financial crisis through the assignment of faulty ratings to structured finance instruments, which had to be downgraded on average three to four notcheerrors of judgment in rating certain asset classes of structured finance instruments, which resulted in greater than expected downgrades of those assets during the crisis,
Amendment 49 #
2010/2302(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points to shortcomings in the standardised approach in the Basel II regulatory framework allowing regulatory capital requirements for financial institutions to be set on the basis of external credit ratings; supports increased useand considers it important to establish a capital framework that ensures robust internal risk assessment, better oversight of such risk assessment, and improved access to credit-relevant information; encourages the improvement of the internal-ratings- based (IRB) approach, to provide demonstrably reliable measures of risk so that their use may safely be extended provided that the size and sophistication of the financial institution allow for an adequate risk assessment; considers, at the same time, that smaller and less sophisticated players should be able to use external ratings, if no internal credit risk assessment is viable, provided that they fulfil appropriate due diligence requirements;
Amendment 55 #
2010/2302(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Suggests that alternative measures of credit risk should be considered carefully as part of the evidence base that examines the impact and any unintended consequences of such changes;
Amendment 81 #
2010/2302(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 89 #
2010/2302(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 97 #
2010/2302(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 104 #
2010/2302(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 127 #
2010/2302(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Notes the progress made on transparency and disclosure by CRA1 and CRA2; encourages the Commission to carry out an impact assessment of these regulations following the completion of the CRA registration process to highlight future areas where further disclosure for users may be beneficial;
Amendment 135 #
2010/2302(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is of the opinion that the Commission should consider the use of two obligatory ratings for structured finance instruments if an external credit rating is used for regulatory purposes, which might involve taking the more conservative of a bank's internal rating (produced by a validated model) and the prevailing external rating;
Amendment 136 #
2010/2302(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 171 #
2010/2302(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Supports the existence of various payment models in the industry as long as inherent conflicts of interest are addressed by regulatory means and intervention keeps markets open and does not impose a model unwarranted on basis of evidence or market demand; asks the credit rating industry to come forward with proposals for alternative viable payment models that involve both issuers and users;
Amendment 178 #
2010/2302(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that if credit ratings fulfil a regulatory purpose they should not be classified as mere opinions, and that CRAs should be heldRecognises that ESMA will now be responsible for holding CRAs to accountable for their credit ratings; recommends therefore that CRAs‘ exposure to civil liability in the event of gross negligence be increased and that provisions to that effect be anchored in Member States’ civil lawcompliance with the regulation; calls on the Commission to ensure that ESMA has the resources to fulfil its responsibilities for CRA supervision;
Amendment 184 #
2010/2302(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Points out that the ultimate responsibility for an investment decisions lies with the financial market participant, i.e. the asset manager, financial institution or sophisticated investor; notes that accountability will also be further supported by the central repository (CEREP) established by CRA1, which publishes data in a standardised form on the performance of ratings issued by CRAs registered within the EU. This will allow investors to make their own assessment about certain CRAs, thereby exerting more reputational pressure;
Amendment 1 #
2010/2085(INI)
Motion for a resolution
Citation 14
Citation 14
Amendment 2 #
2010/2085(INI)
Motion for a resolution
Citation 15
Citation 15
Amendment 7 #
2010/2085(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. Whereas the absence of efficient and proportionate market surveillance appears as one of the main reasons for unfair competition to legitimate and responsible market operators, especially SMEs;
Amendment 11 #
2010/2085(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes that the current legislative framework for market surveillance has to be enforced in an effective mannerdoes not provide enough coherence and should therefore be reviewed and be further coordinated;
Amendment 21 #
2010/2085(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on Member States and the Commission to designate adequate financial and human resources to market surveillance activities; calls on the Commission to put pressure on, assist and encourage the Member States to increase thesupport and human resources for efficient market surveillance; emphasizes that failing market surveillance systems undermine the citizen's' trust in the sinternalgle market;
Amendment 22 #
2010/2085(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 31 #
2010/2085(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls upon Member States to share best practice and to allow their competent authorities to take market surveillance measures on the basis of test results or studies which have been delivered by other Member States in order to avoid duplication of work, to improve consistency and to ensure better coordination of the Single Market;
Amendment 32 #
2010/2085(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges the Commission to establish a public Consumer Product safety Information Database, which the RAMs Article 23 database might serve as a basis for, including a platform for complaints which will raise awareness of dangerous products across the borders in the internal market; calls for the establishment of a accident statistical system wherefrom mandatory annual reports will be published, coordinated and funded by the European Commission, where Member States shall report products that have caused accidents within their territoryinsists that careful attention must be paid in defining the rules of the use of the database and in developing key definitions in order to prevent negative collateral effects; calls on all Member States to join the Injury Database (IDB) so that information of health related incidents can be better coordinated at EU level; calls on the Member States to ensure that consumers are given the opportunity to complain of dangerous products to national authorities and that the complaints are looked into in an effective and professional manner;
Amendment 42 #
2010/2085(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 47 #
2010/2085(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to include an obligation for manufacturers to do a risk analysis in their design phase; urges that if any risks are identified they should be documented with the product when it is marketedand made available to the public authorities;
Amendment 52 #
2010/2085(INI)
Motion for a resolution
Paragraph 19 – introductory part
Paragraph 19 – introductory part
19. Insists on effective enforcement of the identification procedures that are already in place; encourages the Commission to make assessments and evaluations on the use of new technologies, e.g. Radio Frequency Identification (RFID), technology tags and nano-printed intelligent packaging, howeverwhile considersing that the usage of those technologies should be proportionate and not endanger the privacy, security and safety of the consumer;
Amendment 54 #
2010/2085(INI)
Motion for a resolution
Paragraph 19 a
Paragraph 19 a
19a. Stresses however, that one technical solution should not be forced as the official traceability system/method within the EU market; and calls for overall proportionality;
Amendment 56 #
2010/2085(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on Commission to improve the awareness of RAPEX and the EU recall systems outside the EU; and to allow product safety professionals, trade and consumer organisations and national authorities to have access to all relevant information; while respecting the confidentiality of commercial data and ensuring that the only sources of information are national authorities;
Amendment 4 #
2010/2027(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes the impact of the global recession on public finances and the wider economy; in addition, considers that an ageing population coupled with a declining birth rate within Europe represents a fundamental demographic change which will require reform of the welfare and fiscal systems of Europe; and of the Stability and Growth Pact, in order to fulfil Member States' obligation to make their pension systems more sustainable;
Amendment 7 #
2010/2027(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that in recent years various ways of intergenerational accounting, projecting the development of public debt in the next decades and the implicit costs to future generations have been used which highlight sustainability gap indicators, for example the required primary balance, which represents the structural budget balance needed to ensure the sustainability of public finances;
Amendment 8 #
2010/2027(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Commission to provide continuous intergenerational accounting including estimates on future debt burdens and sustainability gaps in public finances of the Member States and to make the results publicly available in a way that is easily accessible and understandable;
Amendment 9 #
2010/2027(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Notes that the current debt projections are alarming and will pile up huge debt burdens on future generations and therefore calls on the Member States to cut their structural primary deficits and move towards a sustainable debt ratio;
Amendment 10 #
2010/2027(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Recommends that the Member States put forward measures to increase general productivity and especially productivity in the provision of welfare services, including health services and care for the elderly;
Amendment 11 #
2010/2027(INI)
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Notes that if all the increased years of lifetime would be healthy instead of sick, the sustainability gap of public finances would according to some calculations be 1,5% of GDP smaller and hence it is of upmost importance to prevent health problems and to treat them at an earlier stage;
Amendment 15 #
2010/2027(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the need to encourage private pension provision and to ensure that public sector pensions are no more generous, both in terms of contributions and benefits, than those of the taxpayers who ultimately pay for them; notes that private sector pension funds will play an important role in diminishing the future burden of providing state pensions; stresses the need to replace the Pay-as-you-Go system with capital funded systems;
Amendment 16 #
2010/2027(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is concerned over the failure of many Member States to reform their pension systems; calls on the Commission to present an analysis of the situation in all Member States, highlighting the long term risks for each Member State;
Amendment 23 #
2010/2027(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Encourages Member States to support families within their tax and benefits systems; and to provide services to families with small children as well as proper prenatal services;
Amendment 27 #
2010/2027(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Encourages Member States to remove all disincentives, particularly in relation to tax and pensions, for older people to continue working beyond retirement age, and encourages effective support mechanisms and incentives, since the impact of ageing depends on how much the ageing population will make itself available as a work force, the employment rate and the average amount of working hours.
Amendment 3 #
2010/2001(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Points out that the emergence of European economic governance and all the recent steps taken by the Member sStates in response to the Euro crisis have to be accompanied by a proper communication policy so as to gain the support of the citizens, who have to be shown both the advantages and the disadvantages, especially the cost to taxpayers, that lie in a more collective Europe;
Amendment 4 #
2010/2001(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that at the moment when there is a need forWelcomes the fact that, at a time of a ustronger financial support in favour of a communication policy aiming at botherity, the Commission is promotposing the goals and benefits of the Union and at the same time allowing for a better understanding of its structures and of the possibilities for the citizens to influence its policies, the amounts proposed by the Commission in its draft budget for 2011 are either low, or even lower than in 2010o reduce expenditure on its communication policy;
Amendment 6 #
2010/2001(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes, on the other hand,Regrets the level of increase foreseen in the Estimates of revenue and expenditure for 2011 for the Parliament in the funding of European political parties and foundations; recalls the importance of European political parties and foundations for the awareness of citizens on European policies and European integration.
Amendment 9 #
2010/0821(NLE)
Motion for a resolution
Recital F
Recital F
F. whereas all possibilities should be explored with a view to bringing the mechanism fully into the institutional framework of the Union in future and providing for the involvement in iton a voluntary basis of those Member States whose currency is not the euro; whereas this may include recourse to mechanisms analogous to that provided for by Article 20 TEU on enhanced cooperation;
Amendment 22 #
2010/0821(NLE)
Motion for a resolution
Recital L
Recital L
Amendment 25 #
2010/0821(NLE)
Motion for a resolution
Recital M
Recital M
Amendment 34 #
2010/0821(NLE)
Motion for a resolution
Recital P
Recital P
P. whereas in any furtherture revision of the TFEU should be conducted under the normal procedure and should ensure full respect of the Community methodthe choice of the revision procedure remains the prerogative of the institution or the Member State government proposing reform, in so far as this is compatible with the Treaty provisions;
Amendment 47 #
2010/0821(NLE)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that it is the responsibility of all Member States to exercise budgetary discipline and that a fully accountable and transparent Union framework can contribute to sounder public finances and a stronger ability to counter future crises;
Amendment 55 #
2010/0821(NLE)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is deeply concerned byNotes the intention of Heads of States and Governments to establish the permanent stability mechanism outside the EU institutional framework, with the consequence that the Union institutions will not be fully involved; underlines that Member States must at any rate respect Union law and the prerogatives of the institutions laid down therein;
Amendment 59 #
2010/0821(NLE)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 66 #
2010/0821(NLE)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the setting-up and functioning of the permanent stability mechanism should be brought as close as possible to the European Union framework, also making use, by analogy, of the institutional patterns of enhanced cooperation under Article 20 TEU as a means of involving the Union institutions at a preliminary stage and reassuring those Member States whose currency is not yet the euro or those Member States which have no legal obligation to adopt the euro; stresses that such a mechanism must take into account fully the needs both of the Member States in the euro area and of those Member States which have not yet adopted the euro or which have no plans to adopt it as their currency;
Amendment 69 #
2010/0821(NLE)
Motion for a resolution
Paragraph 9 – introductory wording
Paragraph 9 – introductory wording
9. States that, in order forConsiders the proposed draft European Council decision to be properly scrutinised, supplementary information is needed, notably concerning the envisaged design of the stability mechanism and the relations which it is intended to have with the Union institutions, with the proposed European Monetary Fund and with the International Monetary Fund; accordingly, makes its support for the draft European Council decision dependent on fulfilment of the following conditions:, with its basis as an intergovernmental measure, to be an acceptable proposal; gives its consent to the proposed Treaty change;
Amendment 75 #
2010/0821(NLE)
Motion for a resolution
Paragraph 9 – point a
Paragraph 9 – point a
Amendment 82 #
Amendment 85 #
2010/0821(NLE)
Motion for a resolution
Paragraph 9 – point b – introductory wording
Paragraph 9 – point b – introductory wording
Amendment 88 #
2010/0821(NLE)
Motion for a resolution
Paragraph 9 – point b – indent 1
Paragraph 9 – point b – indent 1
Amendment 92 #
2010/0821(NLE)
Motion for a resolution
Paragraph 9 – point b – indent 2
Paragraph 9 – point b – indent 2
Amendment 96 #
2010/0821(NLE)
Motion for a resolution
Paragraph 9 – point b – indent 3
Paragraph 9 – point b – indent 3
Amendment 102 #
2010/0821(NLE)
Motion for a resolution
Paragraph 9 – point b – indent 4
Paragraph 9 – point b – indent 4
Amendment 108 #
2010/0821(NLE)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that the future stability mechanism should as far as possible make use of the Union institutions, for example as regards the carrying-out of administrative tasks, since this would avoid the setting-up of double structures which in the long term would prove detrimental to European integration;
Amendment 113 #
2010/0821(NLE)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Insists that compliance by Member States with the economic guidelines set up by the Commission and with the conditions imposed by the stability mechanism needs to be scrutinised by Parliamentgiven the highest priority, fully recognising the budget and control rights of every national parliament under the constitutional framework of every participating Member State;
Amendment 120 #
2010/0821(NLE)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Council to examine as a matter of urgency the question of giving the European Parliament the power to decide where its seat should be based;
Amendment 123 #
2010/0821(NLE)
Motion for a resolution
Annex to the motion for a resolution
Annex to the motion for a resolution
Amendment 92 #
2010/0816(NLE)
Proposal for a decision
Article 6 – paragraph 9 a (new)
Article 6 – paragraph 9 a (new)
9a. When the EEAS has reached its full capacity, staff from Member States, as referred to in paragraph 1, first subparagraph, should represent at least one third of all EEAS staff at AD level. Likewise, permanent EU officials should represent at least 50% of all EEAS staff at AD level, including staff coming from the diplomatic services of the Member States, who have become permanent EU officials, in accordance with the provisions of the Staff Regulations. Each year, the High Representative shall present a report to the European Parliament and the Council on the occupation of posts in the EEAS.
Amendment 32 #
2010/0363(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Efficient market monitoring is vital to detecting and deterring market abuse on wholesale energy markets. The Agency is best placed to carry out such monitoring as it has both a Union wide view of electricity and gas markets, and the necessary expertise in the operation of electricity and gas markets and systems in the Union. The Agency should closely cooperate with National regulatory authorities which, having an important understanding of developments on energy markets in their Member State should have an important rol, are best placed to provide essential expertise in ensuring efficient market monitoring.
Amendment 41 #
2010/0363(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes rules prohibiting abusive practices on wholesale energy markets coherent with those applying in financial markets. It provides for the monitoring of wholesale energy markets by the Agency, in close collaboration with National regulatory authorities.
Amendment 42 #
2010/0363(COD)
Proposal for a regulation
Article 2 – point 2 – subpoint a – indent 2
Article 2 – point 2 – subpoint a – indent 2
– secure or attempt to secure, by a person or by persons acting in collaboration, the price of one or several wholesale energy products at an abnormal or artificial level, unless the person who entered into the transactions or issued the orders to trade establishproves that histhe reasons for doing so are legitimate and that, where appropriate, these transactions or orders to trade conform to accepted market practices on the wholesale energy market concerned without adversely affecting final consumers; or
Amendment 55 #
2010/0363(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Agency may decide to makeshould be in a position to make, where appropriate, publicly available parts of the information which it holds provided that commercially sensitive information on individual market participants or individual transactions is not released.
Amendment 14 #
2010/0298(COD)
Proposal for a regulation – amending act
Recital 1
Recital 1
(1) Pursuant to Article 16 of Regulation (EC) No 648/2004, the Commission has evaluated the use of phosphates in detergents in the Report to the Council and the European Parliament concerning the use of phosphates. Following further analysis, the Commission has concluded that the use of phosphates in household laundry detergents should be limitbanned in order to reduce the contribution of phosphates from detergents to eutrophication risks and to reduce the costs of phosphates removal in waste water treatment plants. Those cost savings outweigh the cost of reformulating household laundry detergents with alternatives to phosphates.
Amendment 16 #
2010/0298(COD)
Proposal for a regulation – amending act
Recital 2
Recital 2
(2) Efficient alternatives to phosphates- based household laundry detergents require small amounts of other phosphorous compounds, namely phosphonates, which if used in increasing quantities might be of concern for the environmentfulfill a very specific function that is different to detergents and are used in such small quantities that they do not contribute to any measureable extent to eutrophication.
Amendment 18 #
2010/0298(COD)
Proposal for a regulation– amending act
Recital 3
Recital 3
Amendment 20 #
2010/0298(COD)
Proposal for a regulation – amending act
Recital 5
Recital 5
(5) It is not appropriate to extend limitations of the use of phosphates and other phosphorous compounds in household laundry detergents to household automatic dishwasher detergents or to industrial and institutional detergents because suitable technically and economically feasible alternatives to the use of phosphates in those detergents are not yet available and because an impact assessment is not yet available evaluating the impacts of extending limitations to household automatic dishwasher detergents, in particular evaluating reformulation costs and the impact of chemicals used in phosphate-free formulations, household water and energy consumption in the consumer use phase (wash cycle), and the economic costs to consumers.
Amendment 21 #
2010/0298(COD)
Proposal for a regulation – amending act
Recital 5
Recital 5
(5) It is not appropriate to extend limitations of the useban ofn phosphates and other phosphorous compounds in household laundry detergents to household automatic dishwasher detergents or to industrial and institutional detergents or to restrict the use of phosphates in those detergents because suitable technically and economically feasible alternatives to the use of phosphates in those detergents are not yet available.
Amendment 22 #
2010/0298(COD)
Proposal for a regulation – amending act
Recital 9
Recital 9
(9) It is appropriate to provide for deferred application of the restrictioban established in this Regulation so as to allow operators, in particular small and medium–sized enterprises, to reformulate their phosphate– based household laundry detergents using alternatives during their usual reformulation cycle in order to minimise the costs.
Amendment 23 #
2010/0298(COD)
Proposal for a regulation – amending act
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 648/2004
Article 1 – paragraph 2 – indent 5
Article 1 – paragraph 2 – indent 5
– limitations or bans on the content of phosphates and other phosphorous compounds in detergents.
Amendment 24 #
2010/0298(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 648/2004
Article 4 a
Article 4 a
Detergents listed in Annex VIa that do not comply with the limitations on the content of phosphates and of other phosphorous compounds laid down in that Annex shall not be placed on the market from the date set out in that Annex.
Amendment 27 #
2010/0298(COD)
Proposal for a regulation – amending act
Article 1 – point 7
Article 1 – point 7
Member States may maintain or lay down national rules concerning restrictions on the content of phosphates and of other phosphorous compounds in detergents for which no restrictions on the content are set out in Annex VIa where justified on grounds of protection of the aquatic environment and where technically and economically feasible alternatives are available.
Amendment 29 #
2010/0298(COD)
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 648/2004
Article 16
Article 16
By 31 December 2014, the Commission shall evaluate, submit a report to the European Parliament and to the Council on the use of phosphates and other phosphorous compounds in household automatic dishwasher detergents and, if justified, present a legislative proposal with a view to their gradual phase-out or restriction to specific applications. By this date, the Commission shall also evaluate and submit a report to the European Parliament and to the Council on the technical, economic and sustainable development perspectives for phosphate recovery and recycling from domestic sewage, animal manures and industrial wastes, taking into account the resource stewardship and geopolitical aspects of phosphate rock reserves and assessing the implications for the use and possible recycling of phosphates in detergents.
Amendment 30 #
2010/0298(COD)
Proposal for a regulation – amending act
Article 1 – point 11 a (new)
Article 1 – point 11 a (new)
Regulation (EC) No 648/2004
Annex VII – Section B a (new)
Annex VII – Section B a (new)
(11a) In Annex VII, the following section Ba is inserted : "Ba. Information on sustainable use Without prejudice to Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (codified version)1, the labelling of household laundry detergents shall mention relevant information, by means of a logo and/or text, on encouraging the sustainable use of laundry detergents, such as recommendations for avoiding the incomplete filling of washing machines, paying attention to the dosing instructions, washing at low temperature and recycling/refilling packaging." __________ 1 OJ L 376, 27. 12.2006, p. 21.
Amendment 31 #
2010/0298(COD)
Proposal for a regulation – amending act
Article 1 – paragraph 1 – point 11 b (new)
Article 1 – paragraph 1 – point 11 b (new)
Regulation (EC) No 648/2004
Annex VII – Section B a (new)
Annex VII – Section B a (new)
(11a) In Annex VII, the following section Ba is inserted: "Ba. Information on sustainable use Without prejudice to Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (codified version)1, laundry detergent labels shall contain references to relevant information which can be found on existing sources, such as internet websites, for consumers, in order to allow them to have access to useful recommendations, suggestions and advice encouraging their sustainable use." __________ 1 OJ L 376, 27. 12.2006, p. 21.
Amendment 33 #
2010/0298(COD)
Proposal for a regulation – amending act
Annex
Annex
Regulation (EC) No 648/2004
Annex VI a – title and column 2 – row 2
Annex VI a – title and column 2 – row 2
LIMITATIONS ON THE CONTENT OF PHOSPHATES AND OF OTHER PHOSPHOROUS COMPOUNDS Shall not be placed on the market if the total content of phosphorous is equal to or greater than 0.5 % by weighty contain added phosphates
Amendment 44 #
2010/0207(COD)
Proposal for a directive
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘target level’ means 1.5% of eligible deposits for the coverage of which a Deposit Guarantee Scheme is responsibla level set by Member States, taking into consideration the structure and the level of risk of the banking sector within that Member State;
Amendment 53 #
2010/0207(COD)
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) deposits resulting from real estate transactions for private residential purposes for up to 123 months after the amount has been credited, or longer at the Member States's discretion to a maximum of 12 months;
Amendment 56 #
2010/0207(COD)
Proposal for a directive
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) deposits that fulfil social considerations defined in national law and are linked to particular life events such as marriage, divorce, invalidity or decease of a depositor. The coverage shall not exceedbe for 3 months after the event, or longer at time period of 12 months after such eventhe Member States's discretion to a maximum of 12 months.
Amendment 58 #
2010/0160(COD)
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 1060/2009
Article 8 a
Article 8 a
Amendment 72 #
2010/0160(COD)
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 1060/2009
Article 8 a – paragraph 3 a (new)
Article 8 a – paragraph 3 a (new)
3a. If, on ...*, no credit rating agency has determined and maintained credit ratings for at least 10% of the structured finance instruments for which they accessed the information referred to in paragraph 1, this Article 8 and Article 8b shall cease to have effect. * OJ please insert date: 24 months after the date of entry into force of this Regulation.
Amendment 74 #
2010/0160(COD)
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 1060/2009
Article 8 b
Article 8 b
Amendment 84 #
2010/0160(COD)
Proposal for a regulation – amending act
Article 1 – point 12
Article 1 – point 12
Regulation (EC) No 1060/2009
Article 23
Article 23
In carrying out their duties under this Regulation, neither ESMA northe European Supervisory Authority (European Securities and Markets Authority), the Commission and any other public authorities of a Member State shall not interfere with the content of credit ratings or methodologies.
Amendment 86 #
2010/0160(COD)
Proposal for a regulation – amending act
Article 1 – point 13
Article 1 – point 13
Regulation (EC) No 1060/2009
Article 23 b – paragraph 1 – introductory part
Article 23 b – paragraph 1 – introductory part
1. ESMAThe European Supervisory Authority (European Securities and Markets Authority) may conduct all necessary investigations of persons referred to in Article 23a(1). To that end, the officials and other persons authorised by ESMAhose investigations shall be carried out in accordance with the law of the Member State in which they are undertaken. To that end, the officials and other persons authorised by the European Supervisory Authority (European Securities and Markets Authority) shall be empowered:
Amendment 88 #
2010/0160(COD)
Proposal for a regulation – amending act
Article 1 – point 13
Article 1 – point 13
Regulation (EC) No 1060/2009
Article 23 c – paragraph 1
Article 23 c – paragraph 1
1. In order to carry out its duties under this Regulation, ESMAthe European Supervisory Authority (European Securities and Markets Authority) may conduct all necessary on-site inspections with or without announcement at the premises of persons referred to in Article 23a(1). Those on-site inspections shall be carried out in accordance with the law of the Member State in which they are undertaken.
Amendment 95 #
2010/0160(COD)
Proposal for a regulation – amending act
Article 1 – point 14
Article 1 – point 14
Regulation (EC) No 1060/2009
Article 24 – paragraph 4
Article 24 – paragraph 4
4. Without prejudice to Article 20, ESMAthe European Supervisory Authority (European Securities and Markets Authority) shall communicate any decision taken pursuant to paragraph 1, without undue delay, to to the relevant credit rating agency, the competent authorities and the Commission and it shall publicly disclose any such deci. The credit rating agencies shall lodge any appeal to the Board of Appeal within one month of such communication. If the Board of Appeal decides to suspend the credit rating agency, the European Supervisory Authority (European Securities and Markets Authority) shall publicly disclose the suspension on its website within 5 working days from the date when it was takeof the Board of Appeal's decision.
Amendment 108 #
2010/0160(COD)
Proposal for a regulation – amending act
Article 1 – point 24
Article 1 – point 24
Regulation (EC) No 1060/2009
Article 36 a – paragraph 1
Article 36 a – paragraph 1
1. At ESMA's request, the Commission may by decisionThe European Supervisory Authority (European Securities and Markets Authority) may impose on a credit rating agency a fine where, intentionally or negligently, the credit rating agency has committed one of the breaches listed in Annex III.
Amendment 128 #
2010/0160(COD)
Proposal for a regulation – amending act
Article 1 – point 29
Article 1 – point 29
Regulation (EC) No 1060/2009
Article 40 a – paragraph 1
Article 40 a – paragraph 1
1. All competences and duties related to the supervisory and enforcement activity in the field of credit rating agencies, which were conferred to the competent authorities of the Member States, whether acting as competent authorities of the home Member State or not, and their colleges where those have been established, shall be terminated on [onelapse on ...*. * OJ please insert date: six months after the entry into force of this Regulation].
Amendment 129 #
2010/0160(COD)
Proposal for a regulation – amending act
Article 1 – point 29
Article 1 – point 29
Regulation (EC) No 1060/2009
Article 40 a – paragraph 2
Article 40 a – paragraph 2
2. Any files and working documents related to the supervisory and enforcement activity in the field of credit rating agencies, including any on-going examinations and enforcement actions shall be taken over by ESMA on … [onethe European Supervisory Authority (European Securities and Markets Authority) on …*. * OJ please insert date: six months after the entry into force of this Regulation].
Amendment 130 #
2010/0160(COD)
Proposal for a regulation – amending act
Article 1 – point 29
Article 1 – point 29
Regulation (EC) No 1060/2009
Article 40 a – paragraph 3
Article 40 a – paragraph 3
3. The competent authorities and colleges referred to in paragraph 1 shall ensure that any existing records and working papers shall be transferred to ESMA [one month after the entry into force of this Regulation]the European Supervisory Authority (European Securities and Markets Authority) on …*..Those competent authorities and colleges shall also render all necessary assistance and advice to ESMAthe European Supervisory Authority (European Securities and Markets Authority) to facilitate effective and efficient transfer and taking up of supervisory and enforcement activity in the field of credit rating agencies. * OJ please insert date: six months after the entry into force of this Regulation.
Amendment 132 #
2010/0160(COD)
Proposal for a regulation – amending act
Article 1 – point 29
Article 1 – point 29
Regulation (EC) No 1060/2009
Article 40 a – paragraph 4
Article 40 a – paragraph 4
4. ESMAThe European Supervisory Authority (European Securities and Markets Authority) shall act as the legal successor of competent authorities and colleges referred to in paragraph 1 in any administrative or judicial proceedings that result from supervisory and enforcement activity pursued under this Regulation prior to [one...*. * OJ please insert date: six months after the entry into force of this Regulation].
Amendment 134 #
2010/0160(COD)
Proposal for a regulation – amending act
Article 1 – point 29
Article 1 – point 29
Regulation (EC) No 1060/2009
Article 40 a – paragraph 5
Article 40 a – paragraph 5
5. Where judicial review of a decision, which was taken by a competent authority referred to in paragraph 1 under this Regulation, is on-going on [one month after the entry into force of this Regulation]...*, the case shall be transferred to the General Court, unless the judgement of the court reviewing that decision in the Member State is to be rendered within two months after [oby ...*. * OJ please insert date: six months after the entry into force of this Regulation. ** OJ please insert date: nine months after the entry into force of this Regulation.].
Amendment 21 #
2010/0115(NLE)
Proposal for a decision
Recital 5 a (new)
Recital 5 a (new)
(5a) Before creating new initiatives the European Union needs to significantly improve existing policies and their implementation.
Amendment 23 #
2010/0115(NLE)
Proposal for a decision
Recital 6
Recital 6
(6) The financial and economic crisis that started in 2008 resulted in a significant loss in jobs and potential output and has led to a dramatic deterioration in public finances. The European Economic Recovery Plan7 has nevertheless helped Member States to deal with the crisis, partly through a coordinated fiscal stimulus, with the euro providing an anchor for macroeconomic stability. The crisis therefore showed that coordination of Union'ssome EU policies can deliver significant results if it is streeffective while respecting thened and rendered effectiv subsidiarity principle. The crisis also underscored the close interdependence of the Member States" economies and labour markets.
Amendment 27 #
2010/0115(NLE)
Proposal for a decision
Recital 8
Recital 8
(8) As part of comprehensive "exit strategies" for the economic crisis, Member States should carry out ambitiousstructural reforms to ensure macroeconomic stability and the sustainability of public finance, improve competitiveness, reduce macroeconomic imbalances and enhance productivity and labour market performance. The withdrawal of the fiscal stimulus should be implemented and coordinated within the framework of the Stability and Growth Pact.
Amendment 29 #
2010/0115(NLE)
Proposal for a decision
Recital 9 a (new)
Recital 9 a (new)
(9a) In order to boost economic growth Member States should reduce the bureaucratic burden, cut excessive regulation and high taxes and avoid protectionist policies.
Amendment 30 #
2010/0115(NLE)
Proposal for a decision
Recital 9 b (new)
Recital 9 b (new)
(9b) Achieving an efficient single market is a key element for measuring the EU's overall macroeconomic performance; it is particularly crucial for the monetary union to deliver economic benefits, restore growth and create new job opportunities.
Amendment 34 #
2010/0115(NLE)
Proposal for a decision
Recital 11
Recital 11
(11) Member States" reform programmes should also aim at "inclusive growth". Inclusive growth means building a cohesive society in which people are empowered to anticipate and manage change particularly that brought about by new technologies, automation and computer revolution, thus to actively participate in society and economy. Member States" reforms should therefore ensure access and opportunities for all throughout the lifecycle, thus reducing poverty and social exclusion, through removing barriers to labour market participation especially for women, older workers, young people, disabled and legal migrants. They should also make sure that the benefits of economic growth reach all citizens and all regions. Ensuring effective functioning of thflexible labour markets through investing in successful transitions, appropriate skills development, rising job quality and fighting segmentation, structural unemployment and inactivity while ensuring adequate, sustainable social protection and active inclusion to reduce poverty should therefore be at the heart of Member States" reform programmes.
Amendment 38 #
2010/0115(NLE)
Proposal for a decision
Recital 13
Recital 13
(13) The Europe 2020 strategy has to be underpinned by an integrated set of policies, which Member States should implement fully and at the same pace, in order to achieve the positive spill-over effects of coordinated structural reforms.
Amendment 41 #
2010/0115(NLE)
Proposal for a decision
Recital 14
Recital 14
(14) While these guidelines are addressed to Member States, the Europe 2020 strategy should be implemented in partnership with all national, regional and local authorities, closely associating parliaments, as well as social partners and representatives of civil society, who shall contribute to the elaboration of national reform programmes, to their implementation and to the overall communication on the strategy as social policies have to respond to local circumstances and preferences.
Amendment 47 #
2010/0115(NLE)
Proposal for a decision
Guideline 7 – paragraph 1
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 reinforcinglabour-market flexibility are essential. Member States should therefore introduce a combination of flexible and reliable employment contracts, 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 5 #
2009/2237(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Encourages suppliers, particularly farmers, to become more effective actors within the supply chain by organising themselves into cooperatives, so that their bargaining power is increased; encourages them to invest upstream in the supply chain so they benefit from the added value to their products;
Amendment 11 #
2009/2237(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Notes that higher food consumer prices put pressure on household incomes, in particular the most vulnerable households who spend a considerably greater proportion of their income on food; recognises the important role that competition between the different actors within the supply chain plays in delivering choice and lower prices to all consumers, especially the most vulnerable, and emphasises that any reforms to the food supply chain must neither harm competition nor prejudice consumers;
Amendment 13 #
2009/2237(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Notes that the second Consumer Markets Scoreboard shows satisfaction amongst consumers with the services offered by food retailers, but reveals a lack of satisfaction on the comparability of food prices; stresses the necessity to tracking consumer price levels of food products across Member States; welcomes the first edition of the European Food Prices Monitoring tool published by the Commission as well as similar initiatives taken by Member States; asks for the further development of such tools in order to improve price transparency for consumers;
Amendment 28 #
2009/2237(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission and Member States to identify and combat unfair commercial practices, which are detrimental to the functioning of the internal market;
Amendment 29 #
2009/2237(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Believes that it is essential for consumers to have access to clear labelling information allowing the identification of product origin and the identification of local and traditional products, and stresses that such labelling schemes should not restrict the free circulation of goods in the internal market;
Amendment 30 #
2009/2237(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Recognises the importance retailers' own brand labels play in enhancing competition and in providing improved choice and lower prices to consumers;
Amendment 32 #
2009/2237(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Calls on the Commission to carry out an impact assessment on the benefits of an improved legal framework covering private quality and distributor labels, with a view to avoiding their multiplication and providing consumers with greater transparency.
Amendment 17 #
2009/2212(INI)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The committee of inquiry may ask any other legal or natural person concerned to make available such documents as it may consider pertinent for the success of its inquiry. Such persons shall, without prejudice to their obligations arising from Union and national law, comply with the committee's request. They may claim the rights which they would enjoy under national legislationaw in the case of seizure of objects by national law-enforcement authorities.
Amendment 18 #
2009/2212(INI)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Requests for documents shall state the legal basis and the purpose of the request and shall specify what documents are required and fix the time-limit within which the documents are to be provided. They shall also state the possible consequences of groundless refusal to provide the documents requested.
Amendment 19 #
2009/2212(INI)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The committee of inquiry may summoninvite any person who is resident in the European Union to appear as a witness if it considers that the hearing of that person is necessary in order for it to be able to fulfil its task. Every summonsach request shall contain the name, forenames and address of the witness concerned and state precisely about what subject and for what reasons the witness is to be examined. It shall be forwarded by the committee to the competent national authority of the Member State where the witness is resident. The competent national authority shall ensure that the summons is served on the witness in conformity with the provisions of national law.
Amendment 20 #
2009/2212(INI)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Witnesses who have been duly summoned shall obey the summons and attend for examination. They shall willingly, fully and truthfully answer questions put to them by members of the committee. They may claim the rights which they would enjoy if summoned and heard by a parliamentary committee of inquiry or similar body, or otherwise by a court with jurisdiction in civil proceedings, in their Member State of residence. To that end, they may avail themselves of legal counsel. Witnesses shall be informed in advance of their rights and obligations and of the possible consequences of groundless refusal to obey the summons and attend for examination, of false testimony and of the bribing of witnesses.
Amendment 21 #
2009/2212(INI)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 22 #
2009/2212(INI)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The committee of inquiry may summoninvite a specific official or other servant of the Union to testify in a matter associated with his or her professional duties if it considers that the hearing of that person is necessary in order to enable it to fulfil its task. The official or other servant concerned shall be deemed to be authorised pursuant to Articles 17 and 19 of the Staff Regulations of officials of the European Union and Article 11 of the Conditions of employment of other servants of the European Union to obey the summons by the committee, to attend for examination as a witness and to submit statements and give evidence in person.
Amendment 23 #
2009/2212(INI)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The committee of inquiry may summoninvite a specific official or other servant of a Member State to testify in a matter associated with his or her professional duties if it considers that the hearing of that person is necessary in order to enable it to fulfil its task. The Member State concerned shallmay authorise its officials and other servants, in conformity with the provisions of its national law, to obey the summons by the committee, to attend for examination as witnesses and to submit statements and give evidence in person.
Amendment 24 #
2009/2212(INI)
Proposal for a regulation
Article 16
Article 16
Amendment 25 #
2009/2212(INI)
Proposal for a regulation
Article 18
Article 18
Amendment 10 #
2009/2134(INI)
Motion for a resolution
Recital V
Recital V
Amendment 18 #
2009/2134(INI)
Amendment 43 #
2009/2134(INI)
Motion for a resolution
Recital O
Recital O
O. there remain a number of other issues that could be reviewed in respect of the elections, including the question of thresholds, the use of electronic polling, verification of the credentials of MEPs and the filling of vacancies,
Amendment 55 #
2009/2134(INI)
Motion for a resolution
Recital W
Recital W
Amendment 66 #
2009/2134(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 103 #
2009/2134(INI)
Article 14 – paragraph 2
2. The European Parliament shall be composed of representatives of the Union's citizens. Theyre shall not exceedbe seven hundred and fifty in number, plus the Presidentone seats allocated to constituencies established in the Member States. Representation of citizens shall be degressively proportional, with a minimum threshold of six members per Member State. No Member State shall be allocated more than ninety-six seats. The distribution of those seats among the States shall be reviewed regularly in accordance with a formula based on the total resident population of the States. Not later than twelve months before the end of the mandate of each Parliament the European Council shall adopt by unanimity, on the initiative of the European Parliament and with its consent, a decision establishing the composition of the European Parliament, respecting the principles referred to in the first subparagraphon the redistribution of seats.
Amendment 127 #
Amendment 1 #
2009/2002(BUD)
Draft opinion
Recital B
Recital B
Amendment 2 #
2009/2002(BUD)
Draft opinion
Recital C
Recital C
Amendment 3 #
2009/2002(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the need for developing a wide-ranging communications policy so as to raise awareness of both the benefits and the drawbacks that are linked to European integration and to provide a basis for a real dialogue with European citizens; hence stresses that these activities need further financial support;
Amendment 4 #
2009/2002(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that, although the overall Draft Budget (DB) for 2010 provides for an increase in commitment appropriations compared to the 2009 budget, the amount under heading 3.2 (Citizenship) is to decrease; considers that such a decrease in this crucial policy area is regrettable and stresses, therefore, that the amounts must be increased and optimally used;
Amendment 5 #
2009/2002(BUD)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 6 #
2009/2002(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers the emergence of real pan- European parties to be desirablea possible option, notably in view of future European elections, in order toas it might increase turnout; belinotes, howevesr, that such a goal could be achieved notably through a inorganically creasted financing of political foundations and parties at EU levelpan-European parties have been attempted in the past with limited success;
Amendment 7 #
2009/2002(BUD)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 118 #
2009/0144(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. In the case of adverse developments which may seriously jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the Community, the Commissionuncil, upon its own initiative or following a request by the Authority, the Council,mmission or the ESRB, may adopt a decision addressed to the Authority, determining the existence of an emergency situation for the purposes of this rRegulation.
Amendment 120 #
2009/0144(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where the Commission has adopted a decisionexistence of an emergency situation is declared pursuant to paragraph 1, the Authority may adopt individual decisions requiring competent authoritiesdecisions addressed to the competent authorities of all Member States requiring them to take the necessary action in accordance with the legislation referred to in Article 1(2) to address any risks that may jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system by ensuring that financial market participants and competent authorities satisfy the requirements laid down in that legislation.
Amendment 121 #
2009/0144(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. In the case of adverse developments which may seriously jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the European Union, the Authority shall actively facilitate and, where deemed necessary, coordinate any actions undertaken by the relevant national competent supervisory authorities.
Amendment 122 #
2009/0144(COD)
Proposal for a regulation
Article 10 – paragraph 2 b (new)
Article 10 – paragraph 2 b (new)
2b. The Council shall review the decision referred to in paragraph 1 at appropriate intervals and at least once a month, and shall declare the discontinuation of the emergency situation as soon as appropriate.
Amendment 123 #
2009/0144(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 124 #
2009/0144(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 127 #
2009/0144(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Without prejudice to the powers laid down in Article 9, where a competent authority disagrees on the procedure or content of an action or inaction by another competent authority in areas where the legislation referred to in Article 1(2) requires cooperation, coordination or joint decision making by competent authorities from more than one Member State, the Authority, at the request of one or more of the competent authorities concerned, may take the lead in assisting the authorities in reaching an agreement in accordance with the procedure set out in paragraph 2.
Amendment 128 #
2009/0144(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. If, at the end of the conciliation phase, the competent authorities concerned have failed to reach an agreement, the Authority may take a decision requiring them to take specific action or to refrain from action in order to settle the matter, in order to ensure compliance with CommunityUnion law.
Amendment 129 #
2009/0144(COD)
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. Decisions adopted under paragraph 3 shall prevail over any previous decisions adopted by national supervisors on the same matter.
Amendment 130 #
2009/0144(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 138 #
2009/0144(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
2. Where a Member State considers that a decision taken under Article 11 impinges on its fiscal responsibilities, it may notify the Authority and the Commission within one monthtwenty working days after notification of the Authority's decision to the competent authority that the decision will not be implemented by the competent authority.
Amendment 139 #
2009/0144(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 5
Article 23 – paragraph 2 – subparagraph 5
Where the Authority maintains its decision, the Council, acting by qualified majority as defined in Article 20516 of the Treaty on European Union, shall, within two months, decide whether the Authority's decision is maintained or revoked.
Amendment 114 #
2009/0143(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. In the case of adverse developments which may seriously jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the Community, the Commissionuncil, upon its own initiative or following a request by the Authority, the Council, or the ESRB, may adopt a decision addressed to the Authority, determining the existence of an emergency situation for the purposes of this rRegulation.
Amendment 116 #
2009/0143(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where the Commission has adopted a decisionexistence of an emergency situation is declared pursuant to paragraph 1, the Authority may adopt individual decisions requiring national supervisory authoritiesdecisions addressed to the competent authorities of all Member States requiring them to take the necessary action in accordance with the legislation referred to in Article 1(2) to address any risks that may jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system by ensuring that financial institutions and national supervisory authorities satisfy the requirements laid down in that legislation.
Amendment 117 #
2009/0143(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. In the case of adverse developments which may seriously jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the European Union, the Authority shall actively facilitate and, where deemed necessary, coordinate any actions undertaken by the relevant national competent authorities.
Amendment 118 #
2009/0143(COD)
Proposal for a regulation
Article 10 – paragraph 2 b (new)
Article 10 – paragraph 2 b (new)
2b. The Council shall review the decision referred to in paragraph 1 at appropriate intervals and at least once a month, and shall declare the discontinuation of the emergency situation as soon as appropriate.
Amendment 119 #
2009/0143(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 120 #
2009/0143(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 123 #
2009/0143(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. If, at the end of the conciliation phase, the national supervisory authorities concerned have failed to reach an agreement, the Authority may take a decision requiring them to take specific action or to refrain from action in order to settle the matter, in order to ensure compliance with CommunityUnion law.
Amendment 124 #
2009/0143(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 132 #
2009/0143(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
2. Where a Member State considers that a decision taken under Article 11 impinges on its fiscal responsibilities, it may notify the Authority and the Commission within one monthtwenty working days after notification of the Authority's decision to the national supervisory authority that the decision will not be implemented by the national supervisory authority.
Amendment 134 #
2009/0143(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 5
Article 23 – paragraph 2 – subparagraph 5
Where the Authority maintains its decision, the Council, acting by qualified majority as defined in Article 205 16of the Treaty, shall, within two months, decide whether the Authority's decision is maintained or revoked.
Amendment 136 #
2009/0143(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 6
Article 23 – paragraph 2 – subparagraph 6
Where the Council decides to maintainrevoke the Authority's decision, or where it does not take a decision within two months, the suspension of that decision shall be immediately terminatrevoked.
Amendment 137 #
2009/0143(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 2
Article 23 – paragraph 3 – subparagraph 2
In its notification, the Member State shall justify why and clearly demonstrate how the decision impinges on its fiscal responsibilities. In that case, the decision of the Authority shall be suspended.
Amendment 139 #
2009/0143(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 3
Article 23 – paragraph 3 – subparagraph 3
The Council, acting by qualified majority as defined in Article 20516 of the Treaty on European Union, shall, within ten working days, decide whether the Authority's decision is maintained or revoked.
Amendment 140 #
2009/0143(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 4
Article 23 – paragraph 3 – subparagraph 4
Where the Council does not take a decision within ten working days, the Authority's decision shall be deemed to be maintainrevoked.
Amendment 130 #
2009/0142(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. In the case of adverse developments which may seriously jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the Community, the Commissionuncil, upon its own initiative or following a request by the Authority, the Council, or the ESRB, may adopt a decision addressed to the Authority, determining the existence of an emergency situation for the purposes of this regulation.
Amendment 131 #
2009/0142(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. As soon as it issues a warning the Council shall notify it simultaneously to the European Parliament, the ESRB, the Commission and the European Supervisory Authority.
Amendment 133 #
2009/0142(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where the Commission has adopted a decisionexistence of an emergency situation is declared pursuant to paragraph 1, the Authority may adopt individual decisions requiring competent authoritiesdecisions addressed to the competent authorities of all Member States requiring them to take the necessary action in accordance with the legislation referred to in Article 1(2) to address any risks that may jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system by ensuring that financial institutions and competent authorities satisfy the requirements laid down in that legislation.
Amendment 134 #
2009/0142(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. In the case of adverse developments which may seriously jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system in the European Union, the Authority shall actively facilitate and, where deemed necessary, coordinate any actions undertaken by the relevant national competent supervisory authorities.
Amendment 135 #
2009/0142(COD)
Proposal for a regulation
Article 10 – paragraph 2 b (new)
Article 10 – paragraph 2 b (new)
2b. The Council shall review the decision referred to in paragraph 1 at appropriate intervals and at least once a month, and shall declare the discontinuation of the emergency situation as soon as appropriate.
Amendment 136 #
2009/0142(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 137 #
2009/0142(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 140 #
2009/0142(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Without prejudice to the powers laid down in Article 9, where a competent authority disagrees on the procedure or content of an action or inaction by another competent authority in areas where the legislation referred to in Article 1(2) requires cooperation, coordination or joint decision making by competent authorities from more than one Member State, the Authority, at the request of one or more of the competent authorities concerned, may take the lead in assisting the authorities in reaching an agreement in accordance with the procedure set out in paragraph 2.
Amendment 141 #
2009/0142(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. If, at the end of the conciliation phase, the competent authorities concerned have failed to reach an agreement, the Authority may take a decision requiring them to take specific action or to refrain from action in order to settle the matter, in order to ensure compliance with CommunityUnion law.
Amendment 142 #
2009/0142(COD)
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. Decisions adopted under paragraph 3 shall prevail over any previous decision adopted by the national supervisory authorities on the same matter.
Amendment 143 #
2009/0142(COD)
Proposal for a regulation
Article 11 – paragraph 3 b (new)
Article 11 – paragraph 3 b (new)
3b. In its report the Authority may set out the disagreement between competent authorities, the agreements reached and the decision taken to settle such disagreements.
Amendment 144 #
2009/0142(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 150 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Authority shall ensure that no decision adopted under Articles 10, 11 or 112a impinges in any way on the fiscal responsibilities of Member States.
Amendment 151 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Authority shall ensure that no decision adopted under Articles 6, paragraph 3, 10 or 11 impinges in any way on the fiscal responsibilities of Member States.
Amendment 153 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
2. Where a Member State considers that a decision taken under Article 11 impinges on its fiscal responsibilities, it may notify the Authority and the Commission within one monthtwenty working days after notification of the Authority's decision to the competent authority that the decision will not be implemented by the competent authority.
Amendment 155 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 5
Article 23 – paragraph 2 – subparagraph 5
Where the Authority maintains its decision, the Council, acting by qualified majority as defined in Article 20516 of the Treaty on European Union, shall, within two months, decide whether the Authority's decision is maintained or revoked. . Or. eenen
Amendment 157 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 6
Article 23 – paragraph 2 – subparagraph 6
Where the Council decides to maintainrevoke the Authority's decision, or where it does not take a decision within two months, the suspension of that decision shall be immediately terminatrevoked.
Amendment 158 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 2
Article 23 – paragraph 3 – subparagraph 2
In its notification, the Member State shall justify why and clearly demonstrate how the decision impinges on its fiscal responsibilities. In that case, the decision of the Authority shall be suspended.
Amendment 160 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 3
Article 23 – paragraph 3 – subparagraph 3
The Council, acting by qualified majority as defined in Article 20516 of the Treaty on European Union, shall, within ten working days, decide whether the Authority's decision is maintained or revoked.
Amendment 161 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 4
Article 23 – paragraph 3 – subparagraph 4
Where the Council does not take a decision within ten working days, the Authority's decision shall be deemed to be maintainrevoked.
Amendment 43 #
2009/0140(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The interconnectedness of financial institutions and markets implies that the monitoring and assessment of potential systemic risks should be based on a broad set of relevant macro-economic and micro- financial data and indicators. The ESRB should therefore have access to all therelevant information necessary to perform its duties while preserving the confidentiality of these data as required, with the aim of maintaining market stability.
Amendment 51 #
2009/0140(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. Before requesting information in accordance with paragraphs 3 and 4, the ESRB shall duly consult the relevant European Supervisory Authority in order to ensure that the request is proportionatecipient of the request in order to ensure that the request is proportionate. Where the recipient does not consider that a request is proportionate, it may ask the General Board of the ESRB to decide whether the request is justified. If the General Board confirms the request, the recipient shall provide the information without delay.
Amendment 56 #
2009/0140(COD)
Proposal for a regulation
Article 20
Article 20
The Council shall examine this Regulation on the basis of a report from the Commission threewo years after its entry into force and shall determine whether the missions and organisation of the ESRB need to be reviewed after having received an opinion from the ECB.
Amendment 106 #
2009/0076(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) Taking into consideration that some products were not previously covered by the Community legislation in the field of biocidal products, it is appropriate to allow for a transitional period for the companies to be prepared to apply the rules concerning in situ generated active substances, and treated articles and materials and food contact materials.
Amendment 109 #
2009/0076(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point p a (new)
Article 2 – paragraph 2 – point p a (new)
pa) 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 111 #
2009/0076(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point s
Article 3 – paragraph 1 – point s
Amendment 126 #
2009/0076(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point b a (new)
Article 33 – paragraph 1 – point b a (new)
ba) biocidal products designed to be used by consumers in domestic settings, or by professional users, according to conditions and instructions of use which are similar within the European Union, and which meet the criteria listed in Article 33 a.
Amendment 127 #
2009/0076(COD)
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
In accordance with point (ba) of Article 33(1), a product shall be considered a biocidal product with similar use conditions if all of the following criteria are met: (i) it has similar conditions of use across the European Union, according to use instructions; (ii) it is already placed or is intended to be placed on the market in at least [...] Member States within two years of the authorisation being granted; (iii) it does not require personal protective equipment in conditions of use according to Annex VI, and when used under normal and reasonably foreseeable conditions of use, meets the requirements in Article 16(1). In order to define or adapt the number of Member States referred to in point (ii), the Commission shall adopt delegated acts in accordance with Article [....].
Amendment 132 #
2009/0076(COD)
Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 2
Article 46 – paragraph 1 – subparagraph 2
In the case of scientific research and development, including product and process-oriented research and development, the person who intends to carry out the experiment or the test shall notify the competent authority prior to the start. The person shall draw up and maintain written records detailing the identity of the biocidal product or active substance, labelling data, and quantities supplied and the names and addresses of those persons receiving the biocidal product or active substance, and shall compile a dossier containing all available data on possible effects on human or animal health or impact on the environment. The persons concerned shall, if requested, make this information available to the competent authority.
Amendment 133 #
2009/0076(COD)
Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 2
Article 46 – paragraph 1 – subparagraph 2
Amendment 134 #
2009/0076(COD)
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. An unauthorised biocidal product or an active substance for exclusive use in a biocidal product shall not be placed on the market for the purpose of any experiment or test which may involve, or result in, release of the biocidal product into the environment unless the competent authority has assessed the data submitted by the person interested in the placing of such product on the market and issued a national authorisatpositive opinion for this purpose which limits the quantities to be used and the areas to be treated and which may impose further conditions. The competent authority shall without delay inform the Commission and other competent authorities about the issuedmay impose further conditions. In the absence of an opinion from the competent authority within 30 days of the notification of the information required in paragraph 1, the biocidal product or active substance may be placed on the market for the purpose of the naotional authorisationfied experiment or test.
Amendment 135 #
2009/0076(COD)
Proposal for a regulation
Article 46 – paragraph 3 – subparagraph 1
Article 46 – paragraph 3 – subparagraph 1
3. Where any experiment or test takes place in a Member State other than the Member State where placing on the market of the biocidal product occurs, the applicant shall obtain experiment or test authorisation fromnotify the competent authority of the Member State in the territory of which the experiments or tests are to be conducted. The applicant shall draw up and maintain written records detailing the identity of the biocidal product or active substance, labelling data and quantities supplied, and shall compile a dossier containing all available data on possible effects on human or animal health or impact on the environment. The applicant shall, if requested, make this information available to the competent authority.
Amendment 137 #
2009/0076(COD)
Proposal for a regulation
Article 47 – paragraph 2 – point a
Article 47 – paragraph 2 – point a
a) the name, using wherever possible common nomenclature (e.g. INCI) of all active substances that were used to treat the article or materials or that were incorporated in the articles or materials;, where relevant and for all active substances which are intended to be released under normal or foreseeable conditions of use from the treated article or material, unless labelling requirements or alternative means to meet information requirements already exist under sector- specific legislation.
Amendment 139 #
2009/0076(COD)
Proposal for a regulation
Article 47 – paragraph 2 – point b
Article 47 – paragraph 2 – point b
b) where relevant, the biocidal property attributed to treated articles or materials;
Amendment 140 #
2009/0076(COD)
Proposal for a regulation
Article 47 – paragraph 2 – point c
Article 47 – paragraph 2 – point c
Amendment 142 #
2009/0076(COD)
Proposal for a regulation
Article 47 – paragraph 2 – point d
Article 47 – paragraph 2 – point d
d) only for treated articles and where relevant, any hazard statement or precautionary statement set out in the authorisation for the biocidal product.
Amendment 152 #
2009/0076(COD)
Proposal for a regulation
Article 82
Article 82
Amendment 19 #
2009/0009(CNS)
Proposal for a directive – amending act
Article 1 – point 36 a (new)
Article 1 – point 36 a (new)
Directive 2006/112/EC
Article 397 a (new)
Article 397 a (new)
Amendment 17 #
2009/0004(CNS)
Proposal for a directive
Recital 10
Recital 10
(10) TheA Member States should be able to choose to exchange automatically any information where a Member State has grounds to believe that a failure of compliance with tax laws has been committed or is likely to have been committed in the other Member State, where there is a risk of inappropriate taxation in the other Member State, or where tax has been or may be evaded or avoided for any reason in the other Member State, and especially where there is an artificial transfer of profits between enterprises in different Member States or where such transactions are carried out between enterprises in two Member States through a third country in order to obtain tax advantages.
Amendment 20 #
2009/0004(CNS)
Proposal for a directive
Recital 20
Recital 20
Amendment 21 #
2009/0004(CNS)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. “optional automatic exchange” means the systematic communication of predefined information to another Member State, without prior request, at pre- established regular intervals or as and when that information becomes available and which a Member State may opt into;
Amendment 22 #
2009/0004(CNS)
Proposal for a directive
Article 3 – paragraph 8
Article 3 – paragraph 8
8. “by electronic means” means using electronic equipment for the processing, including digital compression, and storage of data, and employing wires, radio transmission, optical technologies or other electromagnetic means where such means can be conducted while guaranteeing secure protection of information;
Amendment 24 #
2009/0004(CNS)
Proposal for a directive
Section II – title
Section II – title
Optional Automatic Exchange of Information
Amendment 26 #
2009/0004(CNS)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The competent authority of each Member States shall may, by automatic exchange, forward information on specific categories of income and capital to the other Member States, where there are reasonable grounds for believing that such an exchange will prevent tax evasion.
Amendment 32 #
2009/0004(CNS)
Proposal for a directive
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. In addition to the categories of income and capital referred to in paragraph 2, the competent authority of each Member State shallmay, by automatic exchange, forward information necessary for the correct assessment of taxes referred to in Article 2 to the competent authority of any other Member State concerned, in any of the following cases:
Amendment 33 #
2009/0004(CNS)
Proposal for a directive
Article 8 – paragraph 3 – point d
Article 8 – paragraph 3 – point d
(d) where tax has been or may be evaded or avoided for any reason in the other Member State, and especially where there is an artificial transfer of profits between enterprises in different Member States or where such transactions are carried out between enterprises in two Member States through a third country in order to obtain tax advantages.
Amendment 34 #
2009/0004(CNS)
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1 – introductory part
Article 8 – paragraph 4 – subparagraph 1 – introductory part
4. Where Member States conclude bilateral or multilateral agreements with a view to the correct assessment of the taxes referred to in Article 2, they shallmay provide for automatic exchange of information relating to certain categories of income and capital. For that purpose, they shallmay specify in those agreements the following elements:
Amendment 36 #
2009/0004(CNS)
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Member States shallmay forward to the Commission the agreements they have concluded. The Commission shall make these agreements available to all the other Member States.
Amendment 39 #
2009/0004(CNS)
Proposal for a directive
Article 18
Article 18
Amendment 40 #
2009/0004(CNS)
Proposal for a directive
Chapter VI
Chapter VI
Amendment 21 #
2008/0261(COD)
Proposal for a directive – amending act
Recital 7 a (new)
Recital 7 a (new)
(7a) Member States, working together with stakeholders, should be free to determine the particular aspects of medicines authentication which they believe are most appropriate for their medicine distribution system, taking into account the safety features adopted pursuant to this Directive.
Amendment 22 #
2008/0261(COD)
Proposal for a directive – amending act
Recital 7 b (new)
Recital 7 b (new)
(7b) In order to provide patients with timely protection from the risks of falsified medicinal products, a manufacturing authorisation holder who partly or fully removes or covers up safety features that are applied on a voluntary basis should be required to replace such safety features with equivalent safety features designed to ensure the identification, authentication and traceability of prescription medicinal products as soon as this Directive enters into force.
Amendment 31 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Directive 2001/83(EC)
Article 1 – point 5 a (new)
Article 1 – point 5 a (new)
-1) In Article 1, the following point 5a is inserted after point 5: "5a. Falsified medicinal product: Any medicinal product that has been deliberately falsified in relation to its: (a) identity, including its packaging, labelling, name or composition in terms of both ingredients, including excipients and active ingredients, or the dosage thereof; (b) source, including the manufacturer, the country of manufacture, the country of origin or the marketing authorisation holder; (c) history, including the registers or documents enabling the distribution chain to be identified. The Commission shall, in cooperation with the Agency and the authorities of the Member States , update this definition on the basis of technical and scientific progress and international agreements. This definition is without prejudice to legislation on intellectual and industrial property rights. This definition does not cover manufacturing errors."
Amendment 32 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Directive 2001/83(EC)
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
(2a) In Article 2, the following paragraph 3a is inserted after paragraph 3: "3a. Nothing in this Directive shall affect the right of Member States to restrict or prohibit the sale of prescription medicines via the internet."
Amendment 39 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2001/83(EC)
Article 54a – paragraph 2 - point b – subparagraph 1 a (new)
Article 54a – paragraph 2 - point b – subparagraph 1 a (new)
Safety features shall be considered equivalent when they offer the same level of efficacy for ascertaining identification, authentication, traceability and absence of tampering, as well as the same level of technical difficulty of duplication. When removing, replacing or covering up the safety feature, this condition shall also apply to the new safety feature, unless the primary safety feature is a covert one and can therefore not be recognised.
Amendment 41 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2001/83(EC)
Article 54a – paragraph 4 – subparagraph 1
Article 54a – paragraph 4 – subparagraph 1
(4) The Commission shall adopt the measures necessary for the implementation of point (o) of Article 54 and of paragraphs (1) and (2) of this Article. Before a specific measure is proposed in accordance with point (o) of Article 54, the Commission shall carry out a public impact assessment of the costs and benefits of existing safety features, as well as a consultation with the parties involved in the implementation and use of such safety features.
Amendment 46 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2001/83(EC)
Article 54a – paragraph 4 – subparagraph 5
Article 54a – paragraph 4 – subparagraph 5
The measures referred to in this paragraph shall take due account of the legitimate interests to protect information of a commercially confidential nature and of the protection of industrial and commercial property rights. Member States shall ensure that the ownership and confidentiality of data generated by the use of safety features to authenticate medicinal products shall be respected.
Amendment 48 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2001/83(EC)
Article 54a – Paragraph 4 a (new)
Article 54a – Paragraph 4 a (new)
(4a) Paragraphs 2 and 3 shall also apply to a manufacturing authorisation holder who partly or fully removes or covers-up safety features that are applied on a voluntary basis to medicinal products that are subject to medical prescription by the original manufacturer for the purposes referred to in paragraph (2) of this Article.
Amendment 53 #
2008/0261(COD)
Proposal for a directive – amending act
Article 2 – paragraph 1 – subparagraph 3 – point -a (new)
Article 2 – paragraph 1 – subparagraph 3 – point -a (new)
(-a) the provisions necessary to comply with Article 1(9) in so far as it relates to Article 54a(5) and Articles 54a(2) and 54a(3) to the extent they are referred to 54a(5) of Directive 2001/83/EC as amended by this Directive from [insert actual date 6 months after publication];
Amendment 54 #
2008/0261(COD)
Proposal for a directive – amending act
Article 2 – paragraph 1 – subparagraph 3 – point b
Article 2 – paragraph 1 – subparagraph 3 – point b
(b) the provisions necessary to comply with Article 1(6), (8) and (98) from [insert concrete date 48 months after publication].
Amendment 55 #
2008/0261(COD)
Proposal for a directive – amending act
Article 2 – paragraph 1 – subparagraph 3 – point b a (new)
Article 2 – paragraph 1 – subparagraph 3 – point b a (new)
(ba) the provisions necessary to comply with Article 1(9) except in so far as it relates to Article 54a(5) and Articles 54a(2) and 54a(3) to the extent they are referred to 54a(5) of Directive 2001/83/EC as amended by this Directive from [insert actual date 48 months after publication].
Amendment 279 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 - point 9
Article 1 - point 9
Directive 2001/83/EC
Article 54 a – paragraph 4 – subparagraph 5
Article 54 a – paragraph 4 – subparagraph 5
The measures referred to in this paragraph shall take due account ofat least all of the following: (a) the cost-effectiveness of the system, in order to guarantee that any measure that is applied is based on a cost-benefit analysis; (b) the proportional application of costs related to the measures to all participants in the supply chain and the linking of those costs to the price of the medicinal product concerned; (c) the independence of the system and the legitimate interests to protect information of a commercially confidential nature and of the protection of industrial and commercial property rights and personal data.
Amendment 35 #
2008/0260(COD)
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2001/83/EC
Article 21 – paragraph 3
Article 21 – paragraph 3
“3. The national competent authorities shall make publicly available without delay the marketing authorisation together with the package leaflet, the summary of the product characteristics and any conditions established in accordance with Articles 21a, 22 and 22a, together with any deadlines for their fulfilment, for each medicinal product which they have authorised.
Amendment 56 #
2008/0260(COD)
Proposal for a directive – amending act
Article 1 – point 21
Article 1 – point 21
Directive 2001/83/EC
Article 106 – point 1
Article 106 – point 1
Each Member State shall set up and maintain a national medicines safety web- portal which shall be linked to the European medicines safety web-portal established in accordance with Article 26 of Regulation (EC) No 726/2004. By means of the national medicines safety web-portals, the Member States shall make public at least the following: (1) a summary of risk management systems for medicinal products authorised in accordance with this Directive;
Amendment 58 #
2008/0260(COD)
Proposal for a directive – amending act
Article 1 – point 21
Article 1 – point 21
Directive 2001/83/EC
Article 106 – point 2
Article 106 – point 2
(2) the list of medicinal products under intensive monitoring referred to in Article 23 of Regulation (EC) No 726/2004 whose authorisation is subject to certain conditions or requirements;
Amendment 59 #
2008/0260(COD)
Proposal for a directive – amending act
Article 1 – point 21
Article 1 – point 21
Directive 2001/83/EC
Article 106 – point 3 a (new)
Article 106 – point 3 a (new)
(3a) the most up-to-date electronic version of the package leaflet and Summary of Product Characteristics for all existing and new medicinal products;
Amendment 60 #
2008/0260(COD)
Proposal for a directive – amending act
Article 1 – point 21
Article 1 – point 21
Directive 2001/83/EC
Article 106 – point 3 b (new)
Article 106 – point 3 b (new)
(3b) a brief document history of changes made to the product information. All information on the safety web-portals, including that set out in points 1 to 3a of this Article, shall be presented in an understandable way for the general public. Information on safety and potential risks of a medicinal product shall be provided in the context of the overall proven benefits.
Amendment 62 #
2008/0260(COD)
Proposal for a directive – amending act
Article 1 – point 21
Article 1 – point 21
Directive 2001/83/EC
Article 106 a – paragraph 4
Article 106 a – paragraph 4
4. When the Agency or national competent authorities make information referred to in paragraphs 2 and 3 public, any information of a personal or commercially confidential nature shall be deleted in consultation with the marketing authorisation holder unless its public disclosure is necessary for the protection of public health.
Amendment 16 #
2008/0257(COD)
Proposal for a regulation – amending act
Article 1 — point 11
Article 1 — point 11
Regulation (EC) No 726/2004
Article 26 — point 3
Article 26 — point 3
(3) a summary of risk management systems for medicinal products authorised in accordance with this Regulation;
Amendment 17 #
2008/0257(COD)
Proposal for a regulation – amending act
Article 1 — point 11
Article 1 — point 11
Regulation (EC) No 726/2004
Article 26 — point 4
Article 26 — point 4
(4) the list of medicinal products under intensive monitoring referred to in Article 23 of this Regulation whose authorisation is subject to certain conditions or requirements;
Amendment 19 #
2008/0257(COD)
Proposal for a regulation – amending act
Article 1 — point 11
Article 1 — point 11
Regulation (EC) No 726/2004
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
(4a) the most up-to-date electronic version of the package leaflet and Summary of Product Characteristics for all existing and new medicinal products;
Amendment 22 #
2008/0257(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 726/2004
Article 26 – point 4 b (new)
Article 26 – point 4 b (new)
(4b) a brief document history of changes made to the product information;
Amendment 23 #
2008/0257(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 726/2004
Article 26 – point 10
Article 26 – point 10
(10) Assessment conclusions, recommendations, opinions and decisions taken by the committees referred to in points (a) and (aa) of Article 56(1) of this Regulation and the coordination group, the national competent authorities and the Commission in the framework of the procedures of Articles 28, 28a and 28b of this Regulation and of sections 2 and 3 of Chapter 3 of Title IX of Directive 2001/83/EC. All information of the safety web-portal, including all of the information set out in points 1 to 10 of this Article shall be presented in an understandable way for the general public. Information on safety and potential risks of a medicinal product shall be provided in the context of the overall proven benefits.
Amendment 25 #
2008/0257(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 726/2004
Article 27 – paragraphs 1 and 2
Article 27 – paragraphs 1 and 2
1. The Agency shall monitor selectedthe medical literature for reports of suspected adverse reactions to medicinal products for human use containing certain active substances. It shall publish the list of active substances being monitored and the publications subject to this monitoring. 2. The Agency shall enter into the Eudravigilance database relevant information from the selected literature.
Amendment 31 #
2008/0256(COD)
Proposal for a directive – amending act
Recital 7
Recital 7
(7) In the light of the above and taking into account technological progress with regard to modern communication tools and the fact that patients throughout the European Union have become increasingly active as regards healthcare, it is necessary to amend the existing legislation in order to reduce differences in access to information and to allow for the availability of good-quality, objective, reliable and non -promotional information on medicinal products by placing emphasis on the interests of patients. They should have the right to easily access certain information such as a summary of product characteristics and the package leaflet in electronic and printed form.
Amendment 36 #
2008/0256(COD)
Proposal for a directive – amending act
Recital 12 a (new)
Recital 12 a (new)
(12a) The Internet is a major source of information for a growing number of patients. This trend is likely to increase in the coming years. In order to adapt to this development and to add to the growing importance of e-health, information on medicinal products should also be made available via national health Internet websites. These websites should be monitored by competent authorities in the Member States. Member States in cooperation with stakeholders such as health care professionals or patient organisations should be responsible for managing these websites.
Amendment 46 #
2008/0256(COD)
Proposal for a directive – amending actArticle 1 – point 5 Directive 2001/83/EC
Article 100 b – introductory part
Article 100 b – introductory part
1. The following types of information onmarketing authorisation holder shall, in respect of authorised medicinal products subject to medical prescription, may be disseminated by the marketing authoriske available to the general public or members thereof a summary of the product characteristics, labelling and package leaflet of the medicinal product, as approved by the competent authorities, and the publicly accessible version of the assessment report drawn up by the competent authorities. This information should be made available both in electronic and in printed form and in a format accessible to people with disabilities. 2. In addition, the following types of information may also be made availabler to the general public or members thereof by the marketing authorisation holder:
Amendment 47 #
2008/0256(COD)
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Amendment 49 #
2008/0256(COD)
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2001/83/EC
Article 100 b – point b
Article 100 b – point b
(ba) information which does not go beyond the elements of the summary of product characteristics, labelling and the package leaflet of the medicinal product, and the publicly accessible version of the assessment report drawn up by the competent authorities, but presents them in a different wayway that is comprehensible to the general public or members thereof without jeopardising the quality or reliability of the information;
Amendment 51 #
2008/0256(COD)
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2001/83/EC
Article 100 b – point c
Article 100 b – point c
(cb) information on the environmental imparelating to the disposal of unused medicinal products of ther waste derived from medicinal products, as well as reference to any collection system in place; information on prices and factual, informative announcements and reference material on a medicinal product, relating, for example, to pack changes or adverse- reaction warnings;
Amendment 57 #
2008/0256(COD)
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2001/83/EC
Article 100 c – point a
Article 100 c – point a
(a) health-related publications as defined by the Member State of publicCommission’s guidelines concerning the information allowed, such as booklets, leaflets, and other categories of printed information, to the exclusion of unsolicited material actively distributed to the general public or members thereof;
Amendment 60 #
2008/0256(COD)
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2001/83/EC
Article 100 c a (new)
Article 100 c a (new)
Article 100ca 1. Member States shall ensure that the mandatory information as referred to in Article 100b(1) shall be made available through national health Internet websites in the official language(s) of the Member State where the website is registered. Such websites shall be monitored by a competent authority of the Member State or by a body assigned by the competent authority in accordance with Article 100g. The websites shall be administered and managed in cooperation with stakeholders such as health care professionals and patient organisations. 2. The information shall communicate both benefits and risks in a clear descriptive manner that is patient friendly and linked to the national medicinal products safety website. The Internet websites shall provide patients with the mandatory information on all available medicinal products in that Member State both centrally approved by the European Medicines Agency and locally approved in that Member State. 3. The Internet websites should also include general information about medicinal and non-medicinal treatment of various diseases, including rare diseases, in order to promote a high level of public health. They may also contain other information as referred to in Article 100b(2) and as defined by the Commission’s guidelines concerning information allowed.
Amendment 63 #
2008/0256(COD)
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2001/83/EC
Article 100 h – paragraph 2 – subparagraph 2 a (new)
Article 100 h – paragraph 2 – subparagraph 2 a (new)
Without prejudice to this prohibition, Internet websites registered in accordance with paragraph 1 can provide video content when it is aimed at supporting the safe and effective use of medicinal products in general and provided that it does not contain any promotional claims relating to medicinal products. Compliance with these two conditions shall be subject to monitoring in accordance with Article 100g.
Amendment 64 #
2008/0256(COD)
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2001/83/EC
Article 100 h – paragraph 2 – subparagraph 2 b (new)
Article 100 h – paragraph 2 – subparagraph 2 b (new)
The registered Internet websites shall display a notification at the top of each website page informing the public that the information contained therein is developed by a named marketing authorisation holder. A link to the EudraPharm database on medicinal products shall also be included in that notification.
Amendment 9 #
2008/0255(COD)
Proposal for a regulation – amending act
Recital 4
Recital 4
(4) Directive 2001/83/EC provides that certain types of information are subject to control by the Member States' national competent authorities prior to their dissemination. This concerns information about non-interventional scientific studies based on experimental observation, or accompanying measures to prevention and medical treatment, or information which presents the medicinal product in the context of the condition to be prevented or treated. In the case of medicinal products for human use authorised pursuant to Title II of Regulation (EC) No 726/2004, provision should also be made for certain types of information to be subject to prior vetting by the European Medicines Agency (hereinafter referred to as the 'Agency'), unless the content of that information had already been vetted by a competent national authority, and for the Agency, or a competent national body, to monitor the measures to be taken by the manufacturer following a report of adverse reactions, and the consequent immediate updating of the literature.
Amendment 12 #
2008/0255(COD)
Proposal for a regulation – amending act
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 726/2004
Article 20b – paragraph 1
Article 20b – paragraph 1
1. By way of derogation from Article 100g(1) of Directive 2001/83/EC, medicinal product-related information referred to in Article 100b(d) of that Directive shall be subject to vetting by the Agency or a competent national authority prior to its dissemination.
Amendment 18 #
2008/0196(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This Directive shall only apply to financial services as regards certain off- premises contracts as provided for by Articles 8 to 20, unfair contract terms as provided for by Articles 30 to 39 and general provisions as provided for by Articles 40 to 46, read in conjunction with Article 4 on full harmonisation.
Amendment 23 #
2008/0196(COD)
Proposal for a directive
Article 4
Article 4
1. Unless indicated differently in this Directive, Member States may notadopt or maintain or introduce, in their national law, provisions diverging from those laid down inin force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection. 2. Where Member States maintain or introduce more stringent provisions to ensure a higher level of consumer protection in the field harmonised by this Ddirective, including more or less stringent provisions to ensure a different level of consumer protectionthese provisions must be compatible with the Treaty and must be notified to the Commission. The Commission shall make that information public on a website or in another easily accessible way. 3. The rights resulting from this Directive shall be exercised without prejudice to other rights which the consumer may invoke under the national rules governing contractual or non-contractual liability.
Amendment 28 #
Amendment 30 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) the existence or the absence of a right of withdrawal, where applicable and the conditions and procedures for exercising that right including the eventual costs of return of the goods, in accordance with Annex I;
Amendment 33 #
2008/0196(COD)
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a Higher level of protection With regard to Articles 5, 6 and 7, unless indicated differently in this Directive, Member States may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection.
Amendment 34 #
2008/0196(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in this Chapter, except as provided for in Articles 9, 11(3), 13(1a), 19 and 20.
Amendment 36 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 37 #
2008/0196(COD)
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
Amendment 38 #
2008/0196(COD)
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 3
Article 12 – paragraph 2 – subparagraph 3
Amendment 39 #
2008/0196(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 40 #
2008/0196(COD)
Proposal for a directive
Article 13
Article 13
If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles 9(b), 10(15(1)(g) and 11(40(1), the withdrawal period shall expire three months after the trader has fully performed his other contractual obligations1 year after the time specified in Article 12(2).
Amendment 41 #
2008/0196(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
Member States can maintain national provisions allowing for a longer withdrawal period or provisions which do not set off the withdrawal period as long as the information referred to in paragraph 1 has not been provided.
Amendment 42 #
2008/0196(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The trader shall reimburse any payment received from the consumer withiincluding the costs of delivery received from the consumer without undue delay, and in any case not later than thirty days from the day on which he receives the communication of withdrawal.
Amendment 43 #
2008/0196(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 44 #
2008/0196(COD)
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 2
Article 17 – paragraph 1 – subparagraph 2
The consumer shall only be charged for the direct costs of returning of the goods unless the trader has agreed to bear that cos(s) shall be borne by the trader unless stipulated otherwise in the contract.
Amendment 45 #
2008/0196(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The consumer shall only be liable for any diminisis not required to pay for: (a) any diminution in thed value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods. He shall not be liable for diminished value whanything received under the contract caused by inspection and testing; (b) any destruction, or loss of, or damage to, anything received undere the trader has failed to provide notice of the withdrawal right in accordance with Article 9(b)contract, provided that the consumer used reasonable care to prevent such destruction, loss or damage. For services contracts subject to a right of withdrawal, the consumer shall bear no cost for services performed, in full or in part, during the withdrawal period, the consumer is liable for any accredited costs incurred up to the point of withdrawal only when he expressly requested the early performance of the contract.
Amendment 46 #
2008/0196(COD)
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. Except as provided for in this Article, the consumer does not incur any liability through the exercise of the right of withdrawal.
Amendment 49 #
2008/0196(COD)
Proposal for a directive
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. Member States may choose not to apply Articles 8 to 19 to off premises contracts up to a specified amount. The amount may not exceed EUR 60.
Amendment 50 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled to, according to the consumer’s choice:
Amendment 51 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) have the lack of conformity remedied by repair or replacement,
Amendment 52 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 – point a a (new)
Article 26 – paragraph 1 – point a a (new)
(aa) have the lack of conformity remedied by replacement,
Amendment 53 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 54 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 1
Article 26 – paragraph 3 – subparagraph 1
Amendment 55 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 4 – point d
Article 26 – paragraph 4 – point d
(d) the same or another defect has reappeared more than once within a short period of time after the good was first repaired or replaced.
Amendment 56 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within twosix years as from the time the risk passed to the consumer.
Amendment 58 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. When the trader has remedied the lack of conformity by repair or replacement, the shall be held liable under Article 25 where the lack of conformity becomes apparent within two years asperiod specified in paragraph 1 shall be suspended from the timemoment the consumer or a third party indicated byinforms the trader of the lack of conformity until the moment the consumer has reacquired the material possession of the replaced goods.
Amendment 59 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
Amendment 60 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 4
Article 28 – paragraph 4
Amendment 61 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 5
Article 28 – paragraph 5
5. Unless proved otherwise, any lack of conformity which becomes apparent within six monthsone year of the time when the risk passed to the consumer, shall be presumed to have existed at that time unless this presumption is incompatible with the nature of the goods and the nature of the lack of conformity.
Amendment 62 #
2008/0196(COD)
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
Article 29a Higher level of protection With regard to Articles 21 to 29, unless indicated differently in this Directive, Member States may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection.
Amendment 509 #
2008/0196(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This Directive shall only apply to financial services as regards certain off- premises contracts as provided for by Articles 8 to 20, unfair contract terms as provided for by Articles 30 to 39 and general provisions as provided for by Articles 40 to 46, read in conjunction with Article 4 on full harmonisation.
Amendment 893 #
2008/0196(COD)
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. A trader may accept notice of withdrawal by any other means in addition to the means described in (1) and (2). Where he does so, he shall acknowledge that notice in a durable medium.
Amendment 1050 #
2008/0196(COD)
Proposal for a directive
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. Member States may choose not to apply Articles 8 to 19 to off premises contracts up to a specified amount. The amount may not exceed EUR 60.
Amendment 1195 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled to: , according to the consumer's choice: