465 Amendments of Francesco Enrico SPERONI
Amendment 2 #
2013/2130(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights the greater role given to national parliaments in the Lisbon Treaty and stresses that, alongside the role which they play in monitoring respect for the principles of subsidiarity and proportionality, they can and do make positive contributions in the framework of the Political Dialogue; considers that the active role which the national parliaments can play in guiding the members of the Council of Ministers and good cooperation between the European Parliament and the national parliaments can help to establish a healthy parliamentary counterbalance to the exercise of executive power in the functioning of the EU., however, the legislation to be defective and inappropriate where, even when resolutions have been adopted by national parliaments, deeming a legislative proposal to be non-compliant with the principle of subsidiarity, it allows that proposal to be maintained without amendment, as occurred in the proposal relating to the establishment of a European Public Prosecutor's Office;
Amendment 17 #
2013/2031(REG)
Rule 6 – paragraph 1 a (new)
1a. Where it is called upon to decide on the application of Article 8 of the Protocol on the Privileges and Immunities of the European Union, Parliament, which may not waive the immunity provided for therein, shall deliver a reasoned opinion. In the interests of justice, Parliament shall waive the immunity of a Member provided for in Article 9 of that Protocol unless there are overriding reasons to presume that the legal proceedings requiring the waiver are motivated by a determination to impede the functioning of Parliament or to attack the Member because of his or her membership of Parliament.
Amendment 4 #
2013/0255(APP)
Draft opinion
Recommendation 1 – point i
Recommendation 1 – point i
(i) the criteria governing the ancillary competence of the EPPO under Article 13 of the proposal should be clearly defined beforehand. In particular, a) the offences referred to in Article 13 should only be those provided for in legislative acts of the Union; b) such offences should be considered as ‘inextricably linked’ with the offences referred to in Article 12 whenever they are instrumental in committing them; c) the condition that the offences referred to in Article 12 are preponderant should also include a qualitative – and not only a quantitative – assessment; d) the condition that the offences referred to in Article 13 are based on identical facts should be deleted, so that the ancillary competence would cover both cases where the same offender commits several separate criminal acts and cases where one and the same act is an offence against several different provisionsnotwithstanding the conclusions put forward in the Commission communication of 17 November 2013 (COM(2013)0851), the establishment of the EPPO does not appear to be in accordance with the principle of subsidiarity, as set out in Article 5(3) of the Treaty on European Union, or with the principle of proportionality, as set out in Article 5(4) thereof;
Amendment 8 #
2013/0255(APP)
Draft opinion
Recommendation 1 – point ii
Recommendation 1 – point ii
(ii) relations of the EPPO with Eurojust, Europol and OLAF should be regulated to the greatest extent possible in the regulation establishing the EPPO. The agreements referthe Commission proposal does not allow for the possibility referred to in Article 5(3) of acting at regional or local level by taking alternative measures (including, to give an example mentioned by the British House of Commons, preventive measureds to in Articles 57 and 58 of the proposal should, therefore, only relate to merely practical arrangementsbe implemented at the time when an application is made for EU funding) and/or strengthening judicial cooperation among Member States and the coordination and investigation machinery existing at European level (Eurojust, Europol, and OLAF);
Amendment 9 #
2013/0255(APP)
Draft opinion
Recommendation 1 – point iii
Recommendation 1 – point iii
(iii) on no account should the EPPO exercise its competence with regard to offences committed before it becomes fully operative. Article 71 of the proposal should be amended accordinglyin addition, the Commission is not confining itself to what is necessary to achieve its aim of exercising greater oversight, but is overriding the prerogatives of the Member States and interfering in a matter within their competence, criminal law;
Amendment 11 #
2013/0255(APP)
Draft opinion
Recommendation 1 – point iv (new)
Recommendation 1 – point iv (new)
(iv) the EPPO appears to have been granted unduly sweeping powers: the powers in question should continue to be exercised by national authorities;
Amendment 15 #
2013/0255(APP)
Draft opinion
Recommendation 2
Recommendation 2
2. welcomes the fact that, under the regime applicable to non-contractual liability of the EPPO, the Court of Justice shall have jurisdiction in disputes over compensation for damage in similar terms to those set out in Article 268 TFEU; however, considers it problematic that two different courts – at EU and national level respectively – shall hear actions for non- contractual liability of the EPPO and actions for annulment of its procedural measures, includiinstead of setting up new bodies, existing bodies should be streng those from which a right to compensation for damage may arise, and recommends to the Council that Articles 36 and 69 of the proposal be amended accordinglyened through exchange of best practice;
Amendment 17 #
2013/0255(APP)
Draft opinion
Recommendation 3
Recommendation 3
3. deplores that, notwithstanding Article 86(1) TFEU clearly lays down that the Council may establish an EPPO ‘from Eurojust’, the Commission envisages a major transfer of human resources from OLAF to the EPPO, instead of taking advantage of the expertise and the added value of Eurojust’s staff membersamong the national parliaments, 14 chambers have delivered an unfavourable opinion on the proposal, and their views should not be ignored;
Amendment 20 #
2013/0255(APP)
Draft opinion
Recommendation 4
Recommendation 4
4. considers that appropriate training in EU criminal law for European Delegated Prosecutors and their staff should be provided in a uniform, effective waythe Committee on Legal Affairs therefore calls on the Committee on Civil Liberties, Justice and Home Affairs not to approve the Commission proposal;
Amendment 2 #
2012/2134(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the lack of specialised financial and legal knowledge available to a majority of SMEs, which renders theirConsiders the measures proposed by the Commission to be insufficient to help SMEs which, despite the adoption of those measures, will continue to find access to capital difficult; points out, in addition, that SMEs often find European legislation an administrative burden and hard to interpret, which also affects their access to capital;
Amendment 3 #
2012/2134(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to consider a broaderurgently a broader and more effective review of EU financial and regulatory legislation which currently burdens SMEs and to present legislative solutions following its examination of the tax obstacles to cross-border venture capital investments in the EU;
Amendment 5 #
2012/2134(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that an ever-increasing number of SMEs are winding up or entering bankruptcy, with a knock-on effect in terms of job losses; notes that the growth measures adopted by the EU to date have clearly not been sufficiently effective, and calls on the Commission urgently to adopt measures dedicated more specifically to access to capital for SMEs, their revitalisation and boosting employment;
Amendment 6 #
2012/2134(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that, owing to clear political inertia, the recent liquidity issue by the ECB has worked solely to the advantage of those banking institutions able to access it, which have used that issue to purchase government bonds at interest rates up to seven times more advantageous than the rates the ECB is charging them. That liquidity issue has in no way enhanced or facilitated access to credit for SMEs, which have been completely overlooked and excluded from it; calls on the Commission to take urgent and effective steps to frame appropriate legislative instruments that enable SMEs to have similar direct, swift and convenient access to credit;
Amendment 8 #
2012/2134(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to make the revitalisation of SMEs and support for them the focal point of its future policies, and stresses that a future outlook for Europe based solely on the provision of services will not generate growth;
Amendment 11 #
2012/2134(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that the driving force behind the European economy has until now been the hundreds of thousands of SMEs that have made product quality and manufacturing excellence a characteristic of European products in comparison to those of global competitors;
Amendment 15 #
2012/2134(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Highlights the fact that discrimination can occur in access to finance in the case of SMEs run by women, ethnic minorities, people with disabilities and members of other minority groups, and calls on the Commission and Member States to recognise this potential for discrimination and to request, as one way of tackling this discrimination, that lendeCalls on the Commission and Member States to request that lenders and financial and banking operators provide detailed justification when refusing SMEs access to capital.
Amendment 73 #
2012/0366(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In accordance with Article 114(3) of the Treaty ofn the Functioning of the European Union (hereinafter: “Treaty”), a high level of health protection should be taken as a basis, regard being had, in particular, to any new developments based on scientific facts. Tobacco products are not ordinary commodities and in view of the particularly harmful effects of tobacco, health protection should be given high importance, in particular to reduce smoking prevalence among young people. To that end, it is also essential to continue to provide education, information and prevention campaigns and programmes to help citizens who wish to give up smoking.
Amendment 109 #
2012/0366(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The prohibition of tobacco products with characterising flavours does not prohibit the use of individual additives altogether, but obliges the manufactures to reduce the additive or the combination of additives to such an extent that the additives no longer result in a characterising flavour. The use of additives necessarywhich are essential for the manufacturinge of tobacco products should be allowed, as long as they do not result in a characterising flavour. The Commission should ensure uniform conditions for the implementation of the provision on characterising flavour. Independent panels should be used by the Member States and by the Commission to assist in such decision -making. The application of this Directive should not discriminate between different tobacco varieties.
Amendment 126 #
2012/0366(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Considering the Directive’s focus on young people, tobacco products other than cigarettes, roll-your-own tobacco, water- pipe tobacco, and smokeless tobacco, which are mainly consumed by older consumers, should be granted an exemption from certain ingredients requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people. Or. it (See amendment to Article 6(10))
Amendment 136 #
2012/0366(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The labelling provisions also need to be adapted to new scientific evidence. For example the indication of the yields for tar, nicotine and carbon monoxide on cigarette packets haves proven to be misleading as it makes consumers believe that certain cigarettes are less harmful than others. Evidence also suggests that large combined health warnings are more effective than text-only warnings. In this light combined health warnings should become mandatory throughout the Union and, in order to be effective, cover significant and visible parts of the packet surface. A minimum size should be set for all health warnings to ensure their visibility and effectiveness.
Amendment 138 #
2012/0366(COD)
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
Amendment 152 #
2012/0366(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In order to ensure the integrity and the visibility of health warnings and maximise their efficacy, provisions should be made regarding the dimensionesign characteristics of the warnings as well as regarding certain aspects of the appearance of the tobacco package, including the opening mechanism. The package and the products may mislead consumers, in particular young people, suggesting that products are less harmful. For instance, this is the case with certain texts or features, such as ‘low- tar’, ‘light’, ‘ultra-light’, ‘mild’, ‘natural’, ‘organic’, ‘without additives’, ‘without flavours’, ‘slim’, names, pictures, and figurative or other signs. Likewise, the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful. A recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful. This should be addressed.
Amendment 194 #
2012/0366(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Non-tobacco nicotine-containing products are sold on the Union market. The different regulatory approaches taken by Member States to address health and safety concerns associated with these products have a negative impact on the functioning of the internal market, in particular considering that these products are subject to significant cross-border distance sales including via the internet.
Amendment 201 #
2012/0366(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use provides a legal framework to assess the quality, safety and efficacy of medicinal products including nicotine -containing products. A significant number of nicotine-containing products were already authorised under this regulatory regime. The authorisation takes into account the nicotine content of the product in question. Subjecting all nicotine- containing products, whose nicotine content equals or exceeds the content of aExcluding non- tobacco nicotine -containing product previouslys authorised under Directive 2001/83/EC, to from the same legal frameworkcope of this Directive clarifies the legal situation, levels out differences between national legislations, ensures equal treatment of all nicotine -containing products usable for smoking -cessation purposes and creates incentives for research and innovation in smoking cessation. This should be without prejudice to the application of Directive 2001/83/EC to other products covered by this Directive if the conditions set by Directive 2001/83/EC are fulfilled. Or. it (See amendments to Article 18.)
Amendment 208 #
2012/0366(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Labelling provisProvisions on ingredients, labelling, and descriptions should be introduced for non-tobacco nicotine -containing products below the threshold set out incovered by this Directive in order to drawing the attention of consumers to potential health risks. Or. it (See amendments to Article 18.)
Amendment 214 #
2012/0366(COD)
Proposal for a directive
Recital 37
Recital 37
(37) In order to ensure uniform conditions for the implementation of this Directive, in particular concerning the format of ingredients reporting, and the determination of products with characterising flavours or with increased levels of toxicity and addictiveness and the methodology for determining whether a tobacco product has characterising flavour, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011. Or. it (See amendment to Article 6(2), subparagraph 2.)
Amendment 226 #
2012/0366(COD)
Proposal for a directive
Recital 38
Recital 38
(38) In order to make this Directive fully operational and to keep up with technical, scientific and international developments in tobacco manufacture, consumption and regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission, in particular in respect of adopting and adapting maximum yields for emissions and their measurement methods, setting maximum levels for ingredients that increase toxicity, addictiveness or attractiveness, the methodology for determining whether a tobacco product has characterising flavour, the use of health warnings, unique identifiers and security features in the labelling and packaging, defining key elements for contracts on data storage with independent third parties, and reviewing certain exemptions granted to tobacco products other than cigarettes, roll-your- own tobacco and smokeless tobacco products and reviewing the nicotine levels for nicotine containing products. 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 acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council. (See amendments to Article 3, Article 6(2), second subparagraph, and Article 18.)Or. it
Amendment 307 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
Amendment 310 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 18 c (new)
Article 2 – paragraph 1 – point 18 c (new)
Amendment 317 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) ‘maximum level’ or ‘maximum yield’ means the maximum content or emission, including 0, of a substance in a tobacco product measured in grams;
Amendment 321 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 23
Article 2 – paragraph 1 – point 23
(23) ‘novel tobacco product’ means a tobacco product other than a cigarette, roll- your-own tobacco, pipe tobacco, water- pipe tobacco, cigar, cigarillo, chewing tobacco, nasal tobacco or tobacco for oral use placed on the market after entry into force of this Directive;
Amendment 343 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 30
Article 2 – paragraph 1 – point 30
(30) ‘substantial change of circumstances’ means an increase of the sales volumes by product category, (such as pipe tobacco, cigar, cigarillo,) by at least 10% in at least 10 Member States25% throughout the Union based on sales data transmitted in accordance with Article 5(4); or an increase of the prevalence level in the consumer group under 25 years of age by at least 5 percentage points in at least 10 Member Statesthroughout the Union for the respective product category based on ____ [this date will be set at the moment of adoption of the Directive] Eurobarometer report or equivalent prevalence studies;
Amendment 373 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adapt the maximum yields laid down in paragraph 1, taking into account scientific development ando internationally agreed standards.
Amendment 389 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall notify the Commission of the maximum yields that they set for other emissions of cigarettes and for emissions of tobacco products other than cigarettes. Taking into account internationally agreed standards, where available, and based on scientific evidence and on the yields notified by Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adopt and adapt maximum yields for other emissions of cigarettes and for emissions of tobacco products other than cigarettes that increase in an appreciable manner the toxic or addictive effect of tobacco products beyond the threshold of toxicity and addictiveness stemming from the yields of tar, nicotine and carbon monoxide fixed in paragraph 1.(Text split between paragraph 3 and a new paragraph 3a for greater clarity.)
Amendment 394 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
Amendment 413 #
2012/0366(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall notify the Commission of the methods of measurement that they use for other emissions of cigarettes and for emissions of tobacco products other than cigarettes. Based on these methods, and taking into account scientific and technical developments as well as internationally agreed standards the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adopt and adapt methods of measurement.
Amendment 416 #
2012/0366(COD)
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
Amendment 441 #
2012/0366(COD)
Proposal for a directive
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
Amendment 501 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The Commission shall adopt by means of implementing actsbe empowered to adopt delegated acts, in accordance with Article 22, to lay down uniform rules on the procedures for determining whether a tobacco product falls within the scope of paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.
Amendment 538 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. Paragraph 5 shall not apply to technical measures intended to decrease specific harmful components of smoke or enhance the biodegradability of tobacco products.
Amendment 582 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
10. Tobacco products other than cigarettes, roll-your-own tobacco, water-pipe tobacco and smokeless tobacco products shall be exempted from the prohibitions laid down in paragraphs 1 and 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to withdraw this exemption if there is a substantial change of circumstances as established in a Commission report.
Amendment 611 #
2012/0366(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. For cigarette packets the general warning and the information message shall be printed on the lateral sides of the unit packets. These warnings shall have a width of not less than 20 mm and a height of not less than 43 mm, in black Helvetica bold type on a white or coloured background. For roll- your-own tobacco the information message shall be printed on the surface that becomes visible when opening the unit packet. Both the general warning and the information message shall cover 50% of the surface on which they are printed.
Amendment 634 #
2012/0366(COD)
Proposal for a directive
Article 8 – paragraph 4 – point b
Article 8 – paragraph 4 – point b
(b) to define the position, format, layout and design of the health warnings laid down in this Article, including their font typsize and background colour, with due regard for the linguistic constraints obtaining in each Member State.
Amendment 670 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 750 % of the external area of both the front and back surface of the unit packet and any outside packaging;
Amendment 698 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point f
Article 9 – paragraph 1 – point f
(f) be reproduced in accordance with the format, layout, design and proportions specified by the Commission pursuant to paragraph 3; Or. it (See amendment to Article 9(3)(c).)
Amendment 712 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
Amendment 746 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
(c) define the position, format, layout, designlayout, design (including font type and size), rotation and proportions of the health warnings, with due regard for the linguistic constraints obtaining in each Member State;
Amendment 767 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The general warning referred to in paragraph 1 shall cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with threemore than two official languages.
Amendment 772 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The text warning referred to in paragraph 1 shall cover 40 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 45 % for Member States with two official languages and 50 % for Member States with threemore than two official languages.
Amendment 806 #
2012/0366(COD)
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with threemore than two official languages.
Amendment 861 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. The variety of tobacco used to manufacture the product and/or its country of origin may be indicated on the unit packet.
Amendment 910 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 928 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 1014 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 10
Article 14 – paragraph 10
10. Tobacco products other than cigarettes and roll-your-own tobacco shall be exempted from the application of paragraph 1 to 8 during a period of 510 years following the date referred to in paragraph 1 of Article 25.
Amendment 1047 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. Member States shall prohibit on their territory the distribution of free or discounted tobacco products and the swapping of new, sealed packets of tobacco products for packets that have already been opened, irrespective of the channels used.
Amendment 1151 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. The following nicotine-containing products may only be placed on the market if they were authorised pursuant to Directive 2001/83/EC:Articles 6(1) to (9), 10, 12(1) and (2) and 16 shall apply, mutatis mutandis, to nicotine-containing products other than tobacco products.
Amendment 1165 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. Nicotine-containing products other than tobacco products in respect of which marketing authorisations are granted under Directive 2011/83/EC shall not be covered by this Directive.
Amendment 1178 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
Amendment 1191 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
Amendment 1205 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
Amendment 1216 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 1224 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 1237 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
Amendment 1246 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 1261 #
2012/0366(COD)
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The health warning shall comply with the requirements laid down in Article 10(4). It shall cover not less than 30 % of the area of the corresponding surface of the unit packet and of any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with threemore than two official languages.
Amendment 1272 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 3(2), 3(3a), 4(3), 4(4), and 4(4a), 6(2),6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(54(9) shall be conferred on the Commission for an indeterminate period of timefive years from [Office of Publications: please insert the date of the entry into force of this Directive]..
Amendment 1284 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The delegation of powers referred to in Articles 3(2), 3(3a), 4(3), 4(4), 4(4a), 6(2), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(54(9) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 1294 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5
5. A delegated act pursuant to Articles 3(2), 3(3a), 4(3), 4(4), 4(4a), 6(2), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(54(9) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 1353 #
2012/0366(COD)
Proposal for a directive
Annex 1 – point 14 a (new)
Annex 1 – point 14 a (new)
Amendment 1356 #
2012/0366(COD)
Proposal for a directive
Annex 1 – heading 1 a (new)
Annex 1 – heading 1 a (new)
Amendment 43 #
2012/0146(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) One of the objectives of this Regulation is to remove existing barriers to the cross-border use of electronic identification means used in the Member States to access at least public services. This Regulation does not aim at intervening on electronic identity management systems and related infrastructures established in the Member States. The aim of this Regulation is to ensure that for the access to cross-border online services offered by the Member States, secure electronic identification and authentication is possiblea high degree of security can be provided for electronic identification and authentication, for instance by establishing different security levels corresponding to particular types of services to be accessed.
Amendment 45 #
2012/0146(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Cooperation of Member States should serve the technical interoperability and neutrality of the notified electronic identification schemes with a view to fostering a high level of trust and security appropriate to the degree of risk. Member States should submit electronic identification schemes for technological pre-checking, implementing the cooperation arrangement referred to above. The exchange of information and the sharing of best practices between Member States with a view to their mutual recognition should help such cooperation.
Amendment 49 #
2012/0146(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules for electronic identification and electronic trust services for electronic transactions with a view to ensuring the proper functioning of the internal market, guaranteeing a high degree of security, and increasing citizens’ confidence in the digital environment.
Amendment 68 #
Amendment 76 #
2012/0146(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) the electronic identification means have built-in security levels adjusted according to the types of services to which they give access;
Amendment 88 #
2012/0146(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. The Commission shall, by means of implementing acts, lay down the criteria defining the security levels corresponding to the types of services to which the electronic identification scheme gives access.
Amendment 91 #
2012/0146(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) a description of the notified electronic identification scheme, including the security levels corresponding to the types of services to be accessed;
Amendment 93 #
2012/0146(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) a description of the authentication possibility, taking into account the different security levels required for access;
Amendment 97 #
Amendment 99 #
2012/0146(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall cooperate in order to ensure the interoperability and technological neutrality of electronic identification means falling under a notified scheme and to enhance their security.
Amendment 101 #
2012/0146(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Where an electronic identification scheme has been shown to be unacceptable from the point of view of neutrality and interoperability in the light of the technological pre-checking for which Member States are to be responsible under the cooperation arrangement referred to in paragraph 1, it shall not be eligible for notification under Article 7 for the purposes of mutual recognition within the meaning of Article 5.
Amendment 109 #
2012/0146(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 concerning the facilitation of cross -border interoperability of electronic identification means by setting of minimum technical requirementtechnologically neutral minimum requirements for the security levels required for access.
Amendment 134 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
a) the data subject has freely and consciously given consent to the processing of their personal data for one or more specific purposes;
Amendment 154 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 a (new)
Article 7 – paragraph 4 – subparagraph 1 a (new)
Where the collection and processing of the personal data is purely for commercial purposes, the data subject must be paid a fee for agreeing that the processing be performed. The data subject may not renounce his right to receive that fee.
Amendment 155 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 b (new)
Article 7 – paragraph 4 – subparagraph 1 b (new)
The Commission shall be empowered to adopt delegated acts in accordance with Article 86 with a view to establishing the amount, nature and arrangements for payment of the fee to data subjects who agree to their personal data being processed for commercial purposes.
Amendment 175 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
b) the purposes of the processing for which the personal data are intended, including the contract terms and general conditions where the processing is based on point (b) of Article 6(1) and the legitimate interests pursued by the controller where the processing is based on point (f) of Article 6(1); and, where the processing is purely for commercial purposes, the amount, nature and arrangements for payment of the fee to data subjects who agree to their personal data being processed;
Amendment 215 #
2012/0011(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object free of charge to the processing of their personal data for such marketing. This right shall be explicitly offered to the data subject in an intelligible manner and shall be clearly distinguishable from other information.
Amendment 255 #
2012/0011(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point a
Article 25 – paragraph 2 – point a
Amendment 256 #
2012/0011(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point b
Article 25 – paragraph 2 – point b
Amendment 258 #
2012/0011(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point d
Article 25 – paragraph 2 – point d
d) a controller offering only occasionally goods or services to data subjects residing in the Union.eleted
Amendment 275 #
2012/0011(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
Amendment 310 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
b) the processing is carried out by an enterprise employing 250 persons or more;
Amendment 327 #
2012/0011(COD)
Proposal for a regulation
Article 38 – paragraph 1 – point a a (new)
Article 38 – paragraph 1 – point a a (new)
aa) respect for consumer rights;
Amendment 385 #
2012/0011(COD)
Proposal for a regulation
Article 73 – paragraph 1
Article 73 – paragraph 1
1. Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge, free of any charge, a complaint with a supervisory authority in any Member State if they consider that the processing of personal data relating to them does not comply with this Regulation.
Amendment 390 #
2012/0011(COD)
Proposal for a regulation
Article 74 – paragraph 1
Article 74 – paragraph 1
1. Each natural or legal person shall have the right to file, free of any charge, for a judicial remedy against decisions of a supervisory authority concerning them.
Amendment 394 #
2012/0011(COD)
Proposal for a regulation
Article 75 – paragraph 1
Article 75 – paragraph 1
1. Without prejudice to any available administrative remedy, including the right to lodge a complaint with a supervisory authority as referred to in Article 73, every natural person shall have the right to file, free of any charge, for a judicial remedy if they consider that their rights under this Regulation have been infringed as a result of the processing of their personal data in non-compliance with this Regulation.
Amendment 411 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 3 – point b
Article 79 – paragraph 3 – point b
Amendment 414 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 4 – introductory wording
Article 79 – paragraph 4 – introductory wording
4. The supervisory authority shall impose a fine up to 2500 000 EUR, or in case of an enterprise up to 0,51 % of its annual worldwide turnover, to anyone who, intentionally or negligently:
Amendment 416 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 5 – introductory wording
Article 79 – paragraph 5 – introductory wording
5. The supervisory authority shall impose a fine up to 51 000 000 EUR, or, in case of an enterprise up to 12 % of its annual worldwide turnover, to anyone who, intentionally or negligently:
Amendment 421 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 6 – introductory wording
Article 79 – paragraph 6 – introductory wording
6. The supervisory authority shall impose a fine up to 1 0500 000 EUR or, in case of an enterprise up to 23 % of its annual worldwide turnover, to anyone who, intentionally or negligently:
Amendment 424 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 6 – point a a (new)
Article 79 – paragraph 6 – point a a (new)
aa) uses for commercial purposes personal data which have been collected for non-commercial purposes;
Amendment 25 #
2011/2298(REG)
Parliament's Rules of Procedure
Rule 70 – paragraph 2 a (new)
Rule 70 – paragraph 2 a (new)
2a. The negotiating team in the course of an ordinary legislative procedure shall be led by the Chair of the committee responsible or another member of the team appointed by him or her. The negotiating team shall include the rapporteur and, if appropriate, the coordinators or the shadow rapporteurs. The negotiating team shall hold its meetings on the same days as meetings of the committee responsible, at non- clashing times, in accordance with a calendar adopted in committee. The negotiating team shall regularly report back to the committee responsible on the progress and outcome of the negotiations. After each meeting with the Council and the Commission (‘trialogue’), all draft texts considered at the meeting in question shall be made available to the committee. At a subsequent meeting the committee shall be informed about the state of play of the negotiations Where it proves not to be feasible to convene a meeting of the committee in a timely manner, the negotiating team shall report back to the Chair, the shadow rapporteurs and the coordinators of the committee. The committee responsible may update the mandate in the light of the progress of the negotiations.
Amendment 37 #
2011/2013(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Favours the option of setting up an optional instrument (OI) by means of a regulationdirective; believes that such an OI could be complemented by a ‘toolbox’ that should be endorsed by means of an interinstitutional agreement;
Amendment 70 #
2011/2013(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that both business-to-business and business-to-consumer contracts should be covered; emphasises that the level of consumer protection would need to be high, as mandatory national provisions, including in the area of consumer law, would be replaced;
Amendment 71 #
2011/2013(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that both business-to-business and business-to-consumer contracts should be covered; emphasises that the level of consumer protection would need to be high, as mandatory national provisions relating to cross-border transactions, including in the area of consumer law, would be replaced;
Amendment 85 #
2011/2013(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Acknowledges that e-commerce or distance-selling contracts account for an important share of cross-border transactions; believes, however, that an OI should not be limited to these types of transaction;
Amendment 145 #
2011/0439(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) It is appropriate to exclude procurement made for postal services and other services than postal services as that sector has consistently been found to be subject to such competitive pressure that the procurement discipline brought about by the EU procurement rules is no longer needed.
Amendment 187 #
2011/0439(COD)
Proposal for a directive
Recital 36
Recital 36
(36) Contracting entities that wish to purchase works, supplies or services with specific environmental, social or other characteristics should be able to refer to particular social and environmental labels, such as the European Eco-label, (multi-) national eco-labels or any other label provided that the requirements for the label are linked to the subject-matter of the contract, such as the description of the product and its presentation, including packaging requirements. It is furthermore essential that those requirements are drawn up and adopted on the basis of objectively verifiable criteria, using a procedure in which stakeholders, such as government bodies, consumers, manufacturers, trade unions, distributors and environmental organisations can participate, and that the label is accessible and available to all interested parties.
Amendment 191 #
2011/0439(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption, fraud to the detriment of the Union's financial interests or money laundering. Non- payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the Union. Given that contracting entities, which are not contracting authorities, might not have access to indisputable proof on the matter, it is appropriate to leave the choice of whether or not to apply the exclusion criteria listed in Directive [2004/18] to such contracting entities. The obligation to apply Article 55(1) and (2) of Directive [2004/18] should therefore be limited to contracting entities that are contracting authorities. Furthermore, contracting entities should be given the possibility to exclude candidates or tenderers for violations of environmental, labour or social obligations, including rules on working conditions, accessibility for disabled persons or other forms of grave professional misconduct, such as violations of competition rules or of intellectual property rights.
Amendment 208 #
2011/0439(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Furthermore, in technical specifications and in award criteria, contracting entities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life-cycle of a product or service, provided that they are linked to the subject-matter of the contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender characteristics related to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may conly concern the protection of health of the staff involved in the production process orcern the working conditions along the supply chain as stated in national labour laws and regulations in which production processes take place and in international conventions as listed in Annex XIV, whatever the most favourable for workers. These provisions include: those defined by the eight ILO Core Conventions (freedom of association and collective bargaining, forced and compulsory labour, discrimination in respect of employment and occupation, child labour); occupational safety and health; working time; wages; and social security. Those characteristics may also concern the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environmentworking conditions. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services32 and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is party.
Amendment 212 #
2011/0439(COD)
Proposal for a directive
Recital 50
Recital 50
(50) Contract performance conditions are compatible with this Directive provided that they are not directly or indirectly discriminatory, are linked to the subject- matter of the contract and are indicated in the notice used to make the call for competition, or in the procurement documents. They may, in particular, be intended to favour on-site vocational training, the employment of people experiencing particular difficulty in achieving integration, the fight against unemployment, protection of the environment or animal welfare. For example, mention may be made of the requirements applicable during the performance of the contract to recruit long- term job-seekers or to implement training measures for the unemployed or for young persons, to comply in substance with fundamental Interthe working conditions along the supply chain as stated in national Llabour Organisation (ILO) Conventions, even where such Conventions have not been implemented in national law, and to recruit more disadvantaged persons thalaws and regulations in which production processes take place and in international conventions as listed in Annex XIV, whatever the most favourable for workers. These provisions include: those defined by the eight ILO Core Conventions (freedom of association and collective bargaining, forced and compulsory labour, discrimination in are required under national legislationspect of employment and occupation, child labour); occupational safety and health; working time; wages and social security.
Amendment 251 #
2011/0439(COD)
Proposal for a directive
Article 2 – point 4 – point a
Article 2 – point 4 – point a
(a) It is established for or has the specific purpose of meeting needs in the general interest, not having an industrial or commercial character; for that purpose, a body which operates in normal market conditions, aims to make a profit, and bears the losses resulting from the exercise of its activitynd engages in economic activities by offering goods and services on the market does not have the purpose of meeting needs in the general interest, not having an industrial or commercial character;
Amendment 289 #
2011/0439(COD)
Proposal for a directive
Article 10
Article 10
Amendment 292 #
2011/0439(COD)
Proposal for a directive
Article 12 – point a
Article 12 – point a
(a) EUR 4600 000 for supply and service contracts as well as for design contests;
Amendment 293 #
2011/0439(COD)
Proposal for a directive
Article 12 – point b
Article 12 – point b
(b) EUR 5 07 500 000 for works contracts;
Amendment 296 #
2011/0439(COD)
Proposal for a directive
Article 12 – point c
Article 12 – point c
(c) EUR 1 0500 000 for contracts for social and other specific services listed in Annex XVII.
Amendment 299 #
2011/0439(COD)
Proposal for a directive
Article 13 – paragraph 9
Article 13 – paragraph 9
9. Contracting entities may award contracts for individual lots without applying the procedures provided for under this Directive, provided that the estimated value net of VAT of the lot concerned is less than EUR 8120 000 for supplies or services or EUR 1 million500 000 for works. However, the aggregate value of the lots thus awarded without applying this Directive shall not exceed 230 % of the aggregate value of all the lots into which the proposed work, the proposed acquisition of similar supplies or the proposed purchase of services has been divided.
Amendment 529 #
2011/0439(COD)
Proposal for a directive
Article 44 – paragraph 1 – point f a (new)
Article 44 – paragraph 1 – point f a (new)
(fa) for additional works or services which were not included in the project initially awarded or in the contract first concluded but have, through unforeseen circumstances, become necessary to the performance of the contract, on condition that the award is made to the contractor or service provider executing the original contract: (i) when such additional works or services cannot be technically or economically separated from the main contract without great inconvenience to the contracting entities, or (ii) when such additional works or services, although separable from the performance of the original contract, are strictly necessary to its later stages;
Amendment 536 #
2011/0439(COD)
Proposal for a directive
Article 45 – paragraph 1 – subparagraph 3
Article 45 – paragraph 1 – subparagraph 3
Amendment 542 #
2011/0439(COD)
Proposal for a directive
Article 45 – paragraph 2
Article 45 – paragraph 2
Amendment 546 #
2011/0439(COD)
Proposal for a directive
Article 45 – paragraph 3
Article 45 – paragraph 3
Amendment 549 #
2011/0439(COD)
Proposal for a directive
Article 45 – paragraph 4
Article 45 – paragraph 4
Amendment 552 #
2011/0439(COD)
Proposal for a directive
Article 45 – paragraph 5
Article 45 – paragraph 5
Amendment 597 #
2011/0439(COD)
Proposal for a directive
Article 54 – paragraph 1 – subparagraph 5
Article 54 – paragraph 1 – subparagraph 5
Where mandatory accessibility, environmental or social standards are adopted by a legislative act of the Union, technical specifications shall, as far as accessibility, environmental or social criteria are concerned, be defined by reference thereto.
Amendment 620 #
2011/0439(COD)
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 1 – point c
Article 55 – paragraph 1 – subparagraph 1 – point c
(c) the labels are established in an open and transparent procedure in which all stakeholders, including government bodies, consumers, manufacturers, trade unions, distributors and environmental organisations may participate,
Amendment 681 #
2011/0439(COD)
Proposal for a directive
Article 70 – paragraph 5
Article 70 – paragraph 5
5. Contracting entities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XIV.with the obligations regarding working conditions along the supply chain as stated in national labour laws and regulations in which production processes take place and in international conventions as listed in Annex XIV, whatever the most favourable of workers. These obligations include: (a) those defined by the eight ILO Core Conventions (freedom of association and collective bargaining, forced and compulsory labour, discrimination in respect of employment and occupation, child labour); (b) occupational safety and health (c) working time (d) wages (e) social security
Amendment 730 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point a
Article 76 – paragraph 2 – subparagraph 2 – point a
(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental, social characteristics and innovative character;
Amendment 798 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 3 – point d
Article 79 – paragraph 3 – point d
(d) compliance, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provision, with the obligations regarding working conditions along the supply chain as stated in national labour laws and regulations in which production processes take place and in international conventions as listed in Annex XIV or, where not applicable, with other provisions ensuring an equivalent level of protection; atever the most favourable of workers. These provisions include: (i) those defined by the eight ILO Core Conventions (freedom of association and collective bargaining, forced and compulsory labour, discrimination in respect of employment and occupation, child labour); (ii) occupational safety and health (iii) working time (iv) wages (v) social security
Amendment 803 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 4 – subparagraph 3
Article 79 – paragraph 4 – subparagraph 3
Contracting entities shall reject the tender, where they have established that the tender is abnormally low because it does not comply with obligations established by Union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in Annex XIV.with the obligations regarding working conditions along the supply chain as stated in national labour laws and regulations in which production processes take place and in international conventions as listed in Annex XIV, whatever the most favourable of workers. These provisions include: (a) those defined by the eight ILO Core Conventions (freedom of association and collective bargaining, forced and compulsory labour, discrimination in respect of employment and occupation, child labour); (b) occupational safety and health (c) working time (d) wages (e) social security
Amendment 871 #
2011/0439(COD)
Proposal for a directive
Article 82 – paragraph 4
Article 82 – paragraph 4
4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 12 and where it is below 515 % of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications.
Amendment 911 #
2011/0439(COD)
Proposal for a directive
Article 86 – paragraph 2 a (new)
Article 86 – paragraph 2 a (new)
2a. Member States shall ensure that contracting authorities are fully solvent in their dealings with economic operators and that these authorities establish in advance a suitable guarantee instrument to secure the operator’s credit.
Amendment 994 #
2011/0439(COD)
Proposal for a directive
Annex 14 – indent 8 a (new)
Annex 14 – indent 8 a (new)
- Convention 155 on Occupational Safety and Health
Amendment 995 #
2011/0439(COD)
Proposal for a directive
Annex 14 – indent 8 b (new)
Annex 14 – indent 8 b (new)
- Convention 1 on Hours of Work (Industry)
Amendment 996 #
2011/0439(COD)
Proposal for a directive
Annex 14 – indent 8 c (new)
Annex 14 – indent 8 c (new)
- Convention 131 on Minimum Wage Fixing
Amendment 997 #
2011/0439(COD)
Proposal for a directive
Annex 14 – indent 8 d (new)
Annex 14 – indent 8 d (new)
- Convention 102 on Social Security (Minimum Standard)
Amendment 68 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 1 a (new)
Article 55 – paragraph 1 – subparagraph 1 a (new)
Should the managing director, and/or chairman, and/or legal representative, and/or chief executive officer, and/or one or more members of the board of directors of an economic operator possess consanguinity up to the fourth degree with managers, elected members and/or participants of whatever kind in the drafting and decision-making process of the contract within the context of the contracting authority, said operator shall be excluded from participation in the contract.
Amendment 111 #
2011/0438(COD)
Proposal for a directive
Article 73 a (new)
Article 73 a (new)
Article 73a. Appeals and execution of the work Any appeal or complaint made to judicial and/or administrative protection entities against the decision made by the public contracting authority and/or against any legal aspect concerning the contract drafting and award process shall not interrupt the execution procedure thereof. In the event that the claimant’s arguments are upheld definitively, the contracting authority shall pay to the original winner of the contract only the costs incurred for the execution thereof and to the administrative claimant only the earnings lost from the inability to carry out the work. Nothing shall be owed to operators whose dishonest behaviour contributes to the contract awarding decision.
Amendment 117 #
2011/0438(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 1 a (new)
Article 76 – paragraph 2 – subparagraph 1 a (new)
Member States shall ensure that the contracting authorities are fully solvent in their dealings with the economic operators and shall ensure that the said authorities put in place beforehand a suitable instrument for securing the credit of the operator.
Amendment 249 #
2011/0438(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Contracting authorities that wish to purchase works, supplies or services with specific environmental, social or other characteristics should be able to refer to particular social and environmental labels, such as the European Eco-label, (multi-) national eco-labels or any other label provided that the requirements for the label are linked to the subject-matter of the contract, such as the description of the product and its presentation, including packaging requirements. It is furthermore essential that these requirements are drawn up and adopted on the basis of objectively verifiable criteria, using a procedure in which stakeholders, such as government bodies, consumers, manufacturers, trade unions, distributors and environmental organisations, can participate, and that the label is accessible and available to all interested parties.
Amendment 258 #
2011/0438(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption, fraud to the detriment of the Union's financial interests or money laundering. Non- payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the Union. Furthermore, contracting authorities should be given the possibility to exclude candidates or tenderers for violations of environmental, labour or social obligations, including rules on working conditions, accessibility for disabled persons or other forms of grave professional misconduct, such as violations of competition rules or of intellectual property rights.
Amendment 288 #
2011/0438(COD)
Proposal for a directive
Recital 41
Recital 41
(41) Furthermore, in technical specifications and in award criteria, contracting authorities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life cycle of a product or service, provided that they are linked to the subject-matter of the public contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender, characteristics related to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of health of the staff involved in the production process orconcern working conditions along the supply chain as stated in national labour laws and regulations in which production processes take place and in international conventions as listed in Annex XI, whatever the most favourable for workers. These provisions include those defined by the eight ILO Core Conventions (freedom of association and collective bargaining, forced and compulsory labour, discrimination in respect of employment and occupation, child labour); occupational safety and health; working time; wages and social security. Those characteristics may also concern the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environmentworking conditions. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services22 and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is party. For service contracts and for contracts involving the design of works, contracting authorities should also be allowed to use as an award criterion the organisation, qualification and experience of the staff assigned to performing the contract in question, as this may affect the quality of contract performance and, as a result, the economic value of the tender.
Amendment 348 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 – point a
Article 2 – paragraph 1 – point 6 – point a
(a) they are established for or have the specific purpose of meeting needs in the general interest, not having an industrial or commercial character; for that purpose, a body which operates in normal market conditions, aims to make a profit, and bears the losses resulting from the exercise of its activitynd engages in economic activities by offering goods and services on the market does not have the purpose of meeting needs in the general interest, not having an industrial or commercial character;
Amendment 384 #
2011/0438(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) EUR 5 07 500 000 for public works contracts;
Amendment 387 #
2011/0438(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) EUR 13095 000 for public supply and service contracts awarded by central government authorities and design contests organised by such authorities; where public supply contracts are awarded by contracting authorities operating in the field of defence, that threshold shall apply only to contracts concerning products covered by Annex III;
Amendment 391 #
2011/0438(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) EUR 2300 000 for public supply and service contracts awarded by sub-central contracting authorities and design contests organised by such authorities.
Amendment 403 #
2011/0438(COD)
Proposal for a directive
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) EUR 7500 000 for public contracts for social and other specific services listed in Annex XVI.
Amendment 408 #
2011/0438(COD)
Proposal for a directive
Article 5 – paragraph 9
Article 5 – paragraph 9
9. Contracting authorities may award contracts for individual lots without applying the procedures provided for under this Directive, provided that the estimated value net of VAT of the lot concerned is less than EUR 8120 000 for supplies or services or EUR 1 million500 000 for works. However, the aggregate value of the lots thus awarded without applying this Directive shall not exceed 230 % of the aggregate value of all the lots into which the proposed work, the proposed acquisition of similar supplies or the proposed purchase of services has been divided.
Amendment 417 #
2011/0438(COD)
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a Specific exclusions in the field of postal services This Directive shall not apply to public contracts for the principal purpose of permitting the contracting authorities to provide postal services and other services than postal services. For the purposes of this Article: "postal services": means services consisting of the clearance, sorting, routing and delivery of postal items. This shall include both services falling within as well as services falling outside the scope of the universal service set up in conformity with Directive 97/67/EC; "other services than postal services": means services provided in the following areas: (i) mail service management services (services both preceding and subsequent to despatch, including "mailroom management services"); (ii) added-value services linked to and provided entirely by electronic means (including the secure transmission of coded documents by electronic means, address management services and transmission of registered electronic mail); (iii) services concerning postal items not included in point (a), such as direct mail bearing no address; (iv) financial services, as defined in the CPV under the reference numbers from 66100000-1 to 66720000-3 and in Article 19(c) and including in particular postal money orders and postal giro transfers; (v) philatelic services; (vi) logistics services (services combining physical delivery and/or warehousing with other non-postal functions).
Amendment 823 #
2011/0438(COD)
Proposal for a directive
Article 31 – paragraph 1 – subparagraph 3
Article 31 – paragraph 1 – subparagraph 3
Amendment 828 #
2011/0438(COD)
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 832 #
2011/0438(COD)
Proposal for a directive
Article 31 – paragraph 3
Article 31 – paragraph 3
Amendment 833 #
2011/0438(COD)
Proposal for a directive
Article 31 – paragraph 4
Article 31 – paragraph 4
Amendment 835 #
2011/0438(COD)
Proposal for a directive
Article 31 – paragraph 5
Article 31 – paragraph 5
Amendment 909 #
2011/0438(COD)
Proposal for a directive
Article 40 – paragraph 1 – subparagraph 5
Article 40 – paragraph 1 – subparagraph 5
Where mandatory accessibility, environmental or social standards are adopted by a legislative act of the Union, technical specifications shall, as far as accessibility, environmental or social criteria are concerned, be defined by reference thereto.
Amendment 947 #
2011/0438(COD)
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point c
Article 41 – paragraph 1 – subparagraph 1 – point c
(c) the labels are established in an open and transparent procedure in which all stakeholders, including government bodies, consumers, manufacturers, trades unions, distributors and environmental organisations, may participate,
Amendment 1035 #
2011/0438(COD)
Proposal for a directive
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Contracting authorities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XIwith the obligations regarding working conditions along the supply chain as stated in national labour laws and regulations in which production processes take place and in international conventions as listed in Annex XI, whatever the most favourable of workers. These provisions include: (a) those defined by the eight ILO Core Conventions (freedom of association and collective bargaining, forced and compulsory labour, discrimination in respect of employment and occupation, child labour); (b) occupational safety and health; (c) working time; (d) wages and (e) social security.
Amendment 1053 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a
Article 55 – paragraph 3 – subparagraph 1 – point a
(a) where it is aware of any violation of obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XIwith the obligations regarding working conditions along the supply chain as stated in national labour laws and regulations in which production processes take place and in international conventions as listed in Annex XI, whatever the most favourable of workers. These provisions include: (a) those defined by the eight ILO Core Conventions (freedom of association and collective bargaining, forced and compulsory labour, discrimination in respect of employment and occupation, child labour); (b) occupational safety and health; (c) working time; (d) wages and (e) social security. Compliance with Union legislation or with international provisions also includes compliance in an equivalent manner.
Amendment 1114 #
2011/0438(COD)
Proposal for a directive
Article 61 – paragraph 2 a (new)
Article 61 – paragraph 2 a (new)
2a. Where contracting authorities require the production of certificates or corresponding evidence drawn up by independent bodies attesting that the economic operator complies with certain management schemes or standards concerning working conditions along the supply chain related to the International Labour Organization (ILO) Conventions listed in Annex XI, the contracting authorities shall refer to participation in multi-stakeholder initiatives in which businesses, trades unions and/or relevant nongovernmental organizations are represented. The multi-stakeholder initiatives shall have a system of independent verification of members to ensure compliance with the provisions of Annex XI.
Amendment 1170 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – point a
Article 66 – paragraph 2 – point a
(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental, social characteristics and innovative character;
Amendment 1284 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 3 – point d
Article 69 – paragraph 3 – point d
(d) compliance, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provision, with the obligations regarding working conditions along the supply chain as stated in national labour laws and regulations in which production processes take place and in international conventions as listed in Annex XI or, where not applicable, with other provisions ensuring an equivalent level of protection; atever the most favourable of workers. These provisions include: (i) those defined by the eight ILO Core Conventions (freedom of association and collective bargaining, forced and compulsory labour, discrimination in respect of employment and occupation, child labour); (ii) occupational safety and health (iii) working time (iv) wages (v) social security
Amendment 1290 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 4 – subparagraph 2
Article 69 – paragraph 4 – subparagraph 2
Contracting authorentities shall reject the tender, where they have established that the tender is abnormally low because it does not comply with obligations established by Union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in Annex XIwith the obligations regarding working conditions along the supply chain as stated in national labour laws and regulations in which production processes take place and in international conventions as listed in Annex XI, whatever the most favourable of workers. These provisions include: (a) those defined by the eight ILO Core Conventions (freedom of association and collective bargaining, forced and compulsory labour, discrimination in respect of employment and occupation, child labour); (b) occupational safety and health; (c) working time; (d) wages; (e) social security.
Amendment 1369 #
2011/0438(COD)
Proposal for a directive
Article 72 – paragraph 4
Article 72 – paragraph 4
4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 4 and where it is below 15 % of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications.
Amendment 1438 #
2011/0438(COD)
Proposal for a directive
Article 76 – paragraph 2 a (new)
Article 76 – paragraph 2 a (new)
2a. Member States shall ensure that contracting authorities are fully solvent in their dealings with economic operators and that those authorities provide in advance for an appropriate means of securing an operator’s credit.
Amendment 1563 #
2011/0438(COD)
Proposal for a directive
Annex 8 – paragraph 1 – point 1 – point a
Annex 8 – paragraph 1 – point 1 – point a
(a) in the case of public works contracts the totality of the technical prescriptions contained in particular in the procurement documents, defining the characteristics required of a material, product or supply, so that it fulfils the use for which it is intended by the contracting authority; those characteristics include levels of environmental and climate performance, design for all requirements (including accessibility for disabled persons) and conformity assessment, performance, safety or dimensions, including the procedures concerning quality assurance, terminology, symbols, testing and test methods, packaging, marking and labelling, user instructions and, production processes and methods and working conditions at any stage of the life cycle of the works; those characteristics also include rules relating to design and costing, the test, inspection and acceptance conditions for works and methods or techniques of construction and all other technical conditions which the contracting authority is in a position to prescribe, under general or specific regulations, in relation to the finished works and to the materials or parts which they involve;
Amendment 1565 #
2011/0438(COD)
Proposal for a directive
Annex 8 – paragraph 1 – point 1 – point b
Annex 8 – paragraph 1 – point 1 – point b
(b) in the case of public supply or service contracts a specification in a document defining the required characteristics of a product or a service, such as quality levels, environmental and climate performance levels, design for all requirements (including accessibility for disabled persons) and conformity assessment, performance, use of the product, safety or dimensions, including requirements relevant to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking and labelling, user instructions, production processes and methods and working conditions at any stage of the life cycle of the supply or service and conformity assessment procedures;
Amendment 1569 #
2011/0438(COD)
Proposal for a directive
Annex 11 – indent 8 a (new)
Annex 11 – indent 8 a (new)
- Convention 155 on Occupational Safety and Health
Amendment 1570 #
2011/0438(COD)
Proposal for a directive
Annex 11 – indent 8 b (new)
Annex 11 – indent 8 b (new)
- Convention 1 on Hours of Work (Industry)
Amendment 1571 #
2011/0438(COD)
Proposal for a directive
Annex 11 – indent 8 c (new)
Annex 11 – indent 8 c (new)
- Convention 131 on Minimum Wage Fixing
Amendment 1572 #
2011/0438(COD)
Proposal for a directive
Annex 11 – indent 8 d (new)
Annex 11 – indent 8 d (new)
- Convention 102 on Social Security (Minimum Standard)
Amendment 2 #
2011/0418(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) To ensure clarity and transparency, it is also necessary that EuSEF managers disclose to investors, and all owners, any links they themselves may have with political parties and organisations, together with details of their previous professional experience and specialist knowledge gained while managing EuSEFs.
Amendment 10 #
2011/0418(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point i a (new)
Article 13 – paragraph 1 – point i a (new)
(ia) a list of the professional activities carried out by the manager previously, or contemporaneously with EuSEF management, together with a list of the subject areas in connection with which those activities were carried out;
Amendment 11 #
2011/0418(COD)
Proposal for a regulation
Article 13 – paragraph 1 –point i b (new)
Article 13 – paragraph 1 –point i b (new)
(ib) any previous or current links with, memberships of or roles in political parties or organisations;
Amendment 86 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) their fees, if applicable;
Amendment 103 #
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 or at moderate costs for consumers, or in any case consumers should easily be able to acquire prior information on the costs;
Amendment 157 #
2011/0373(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Member States should ensure that disputes covered by this Directive can bare submitted to an ADR entity fulfilling the requirements set out in this Directive. Member States should have the possibility to fulfil this obligation by relying on existing ADR entities and adjusting their scope of application, if needed, or by providing for the creation of new ADR entities. This Directive should not oblige Member States to create a specific ADR entity in each retail sector. Member States should have the possibility to provide for the creation of a residual ADR entity that deals with disputes for the resolution of which no specific entity is competent.
Amendment 178 #
2011/0373(COD)
Proposal for a directive
Recital 20
Recital 20
(20) ADR procedures should be free of charge or of moderate costs for consum, and in any case easily quantifiable for consumers or traders so that it remains economically reasonable for consumers to use such procedures.
Amendment 220 #
2011/0373(COD)
Proposal for a directive
Article 1
Article 1
This Directive is to contribute to the functioning of the internal market and to the achievement of a high level of consumer protection by ensuring that disputes between consumers and traders can b, before ending up in the ordinary courts, are submitted to entities offering impartial, transparent, effective and fair alternative dispute resolution procedures.
Amendment 253 #
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 can bare submitted to an ADR entity which complies with the requirements set out in this Directive.
Amendment 311 #
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 or at moderate costs for consumers, or in any case easily quantifiable in advance by the parties;
Amendment 33 #
2011/0309(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Fund for the compensation of environmental damage An ‘Environmental damage guarantee fund’ shall be set up at the Commission for the compensation of damage caused by offshore activities.
Amendment 34 #
2011/0309(COD)
Proposal for a regulation
Article 7 b (new)
Article 7 b (new)
Article 7b Amount of the guarantee fund The amount of the guarantee fund referred to in Article 7a shall be 5% of the value of the offshore activity and shall be paid by the licensee or any entity participating in the offshore operations on the basis of a contract with the licensee. The payment to the guarantee fund shall in no way be charged to final purchasers of products put on the market by the licensee.
Amendment 121 #
2011/0309(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Environmental damages fund An ‘environmental damages guarantee fund’ shall be set up with the Commission for the repair of damage caused by offshore activity.
Amendment 122 #
2011/0309(COD)
Proposal for a regulation
Article 7 b (new)
Article 7 b (new)
Article 7b Amount of the guarantee fund The amount of the guarantee fund referred to in Article 7a shall be 5% of the value of the offshore activity and shall be paid by the licensee or any participant in the offshore operations under contract with the licensee. The payment to the guarantee fund shall in no way be charged to final purchasers of products put on the market by the licensee.
Amendment 80 #
2011/0282(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) To ensure the sustainable development of rural areas, it is necessary to focus on a limited number of core priorities relating to knowledge transfer and innovation in agriculture, forestry and rural areas, the competitiveness of all types of agriculture and farm viability, food chain organisation, short supply chains and risk management in agriculture, restoring, preserving and enhancing ecosystems dependant on agriculture and forestry, resource efficiency and the shift towards a low carbon economy in the agricultural, food and forestry sectors, and promoting social inclusion, poverty reduction and the economic development of rural areas. In doing so account must be taken of the diversity of situations that affect rural areas with different characteristics or different categories of potential beneficiaries and the cross-cutting objectives of innovation, environment and climate change mitigation and adaptation. Mitigation action should relate to both limiting emissions in agriculture and forestry from key activities such as livestock production, fertilizer use and to preserving the carbon sinks and enhancing carbon sequestration with regard to land use, land use change and the forestry sector. The Union priority for rural development relating to knowledge transfer and innovation in agriculture, forestry and rural areas should apply horizontally in relation to the other Union priorities for rural development.
Amendment 87 #
2011/0282(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to ensure the immediate start and efficient implementation of rural development programmes, support from the EAFRD should be based on the existence of sound administrative framework conditions. Member States should therefore assess compliance with certain ex ante conditionalities. Each Member State should prepare either a national rural development programme for its entire territory or a set of regional programmes. Each programme should identify a strategy for meeting targets in relation to the Union priorities for rural development and a selection of measures. Programming should comply with Union priorities for rural development, while being adapted to national and regional contexts and complement the other Union policies, in particular the agricultural market policy, cohesion policy and the common fisheries policy. If a Member States which opts for a set of national and/or regional programme should be able to also prepare a ns, the National fFramework, without a separate budgetary allocation, in order to facilitate co-ordination among the regions in addressing nation-wide challeng should comprise common elements to ensure coherence and links between the national strategy and regional strategies.
Amendment 90 #
2011/0282(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Member States should be able to include in their rural development programmes thematic sub-programmes to address specific needs in areas of particular importance to them. Thematic sub- programmes should concern among others young farmers, women in agriculture, small farms, mountain areas and the creation of short supply chains. Thematic sub-programmes should also be used to provide for the possibility to address restructuring of agricultural sectors which have a strong impact on the development of rural areas. As a means to increase the efficient intervention of such thematic sub- programmes Member States should be allowed to provide for higher support rates for certain operations covered by them.
Amendment 114 #
2011/0282(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Union or national quality schemes for agricultural products and food provide consumers with assurances on the quality and characteristics of the product or the production process used as a result of the participation of farmers in such schemes, achieve added value for the products concerned and enhance their market opportunities. Farmers should therefore be encouraged to participate in these schemes. Given that it is at the moment of entering such schemes and in the early years of their participation that additional costs and obligations imposed on farmers as a result of their participation are not fully remunerated by the market, support should be limited to new participation and cover a period of no more than five years. Given the special characteristics of cotton as a farm product, quality schemes for cotton should also be covered. In order to ensure the efficient and effective use of EAFRD budgetary resources, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the Union quality schemes that may be covered by this measure.
Amendment 153 #
2011/0282(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Agri-environment-climate payments should continue to play a prominent role in supporting the sustainable development of rural areas and in responding to society's increasing demands for environmental services. They should further encourage farmers and other land managers to serve society as a whole by introducing or continuing to apply agricultural practices contributing to climate change mitigation and adaptation and compatible with the protection and improvement of the environment, the landscape and its features, natural resources, the soil and genetic diversity. In this context the conservation of genetic resources in agriculture and the additional needs of farming systems that are of high nature value should be given specific attention. Payments should contribute to covering additional costs and income foregone resulting from the commitments undertaken and should only cover commitments going beyond relevant mandatory standards and requirements, in accordance with the "polluter pays" principle. In many situations the synergies resulting from commitments undertaken jointly by a group of farmers multiply the environmental and climate benefit. However, joint action brings additional transaction costs which should be compensated adequately. In order to ensure that farmers and other land managers are in a position to correctly implement the commitments they have undertaken, Member States should endeavour to provide them with the required skills and knowledge. Member States should maintain the level of efforts made during the 2007-2013 programming period and have to spend a minimum of 25% of the total contribution from the EAFRD to each rural development programme for climate change mitigation and adaptation and land management, through the agri- environment-climate, organic farming and payments to areas facing natural or other specific constraints measures.
Amendment 181 #
2011/0282(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Farmers are exposed today to increasing economic and environmental risks as a consequence of climate change and increased price volatility. In this context, effective management of risks has an increased importance for farmers. For this reason a risk management measure should be set up to assist farmers in addressing the most common risks faced by them. This measure should therefore support farmers to cover the premiums they pay for crop, animal and plant insurance as well as the setting up of mutual funds and the compensation paid by such funds to farmers for losses suffered as a result of the outbreak of animal or plant diseases, adverse climatic events or environmental incidents. It should also cover an income stabilisation tool in the form of a mutual fund to support farmers facing a severe drop in their income. In order to ensure that there is equal treatment among farmers across the Union, that competition is not distorted and that the international obligations of the Union are respected, specific conditions should be provided for the granting of support under these measures. In order to ensure the efficient use of EAFRD budgetary resources the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of defining the minimum and maximum duration of commercial loans to mutual funds.
Amendment 237 #
2011/0282(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point t
Article 2 – paragraph 1 – point t
(t) "short supply chain": a supply chain involving a limited number of economic operators, who have direct relations with consumers or are committed to co- operation, local economic development, and close geographical and social relations between producers and consumers;
Amendment 247 #
2011/0282(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point u
Article 2 – paragraph 1 – point u
(u) "young farmer": farmer who is less than 40 years of age at the moment of submitting the application, possesses adequate occupational skills and competence and is setting up for the first time in an agricultural holding as head of the holding and/or who possesses adequate occupational skills and competence;
Amendment 257 #
2011/0282(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point x b (new)
Article 2 – paragraph 1 – point x b (new)
(xb) “agricultural service-providers”: agromechanical entrepreneurs who provide, and are qualified to provide, professional agricultural services in rural areas and who, for hire or reward, perform work relating to field crops, livestock farming or management of woodland and green areas belonging to public authorities, where the use of large and technically advanced equipment and machinery is required.
Amendment 258 #
2011/0282(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point x c (new)
Article 2 – paragraph 1 – point x c (new)
(xc) "agricultural services": performance by agricultural service-providers, for public and private procurers, of work in fields, such as that relating to field crops, livestock farming and the management of woodland and green areas.
Amendment 339 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 2 – point a
Article 5 – paragraph 1 – point 2 – point a
(a) facilitating restructuring of farms facing major structural problems, notably farms with a low degree of market participation, market-oriented farms in particular sectors and farms in need of agricultural diversificationand modernisation of farms;
Amendment 385 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 3 – point b
Article 5 – paragraph 1 – point 3 – point b
(b) supporting farm risk management:the management of farm risk generated by economic, environmental and social factors.
Amendment 460 #
2011/0282(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. A Member State may submit either a single programme for its entire territory or a set of regional programmes, a set of regional programmes or a set of national and regional programmes. If a Member State opts for a set of national and regional programmes, each measure or type of operation shall be programmed at national or regional level.
Amendment 466 #
2011/0282(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States with regional programmes may also submit for approval a national framework containing common elements for these programmes without a separate budgetary allocation. If a Member State opts for a set of national and regional programmes, the national framework shall contain the common elements so as to ensure consistency and linkage between its national and regional strategies.
Amendment 475 #
2011/0282(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point a
Article 8 – paragraph 1 – subparagraph 1 – point a
(a) young farmers and women in agriculture;
Amendment 505 #
2011/0282(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point d a (new)
Article 8 – paragraph 1 – subparagraph 1 – point d a (new)
(da) the development and promotion of agricultural products, including organic products, bearing official quality labels.
Amendment 597 #
2011/0282(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 636 #
2011/0282(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Each rural development measure shall be programmed to contribute specifically to the achievement of one or more Union priorities for rural development. An indicative list of measures of particular relevance to the Union priorities is set out in Annex V.
Amendment 758 #
2011/0282(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Support under this measure shall cover new participation by farmers, also through producer group associations and agri-food companies, cover new participation by farmers or previous participation during the 2007-2013 programming period in:
Amendment 794 #
2011/0282(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
Support shall be granted as an annual incentive payment, the level of which shall be determined according to the level of the fixed costs arising from participation in supported schemes, for a maximum duration of five years. Payments shall be made annually on presentation of the necessary documentation. However, the producer shall make a single application covering a five-year period.
Amendment 798 #
2011/0282(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
For the purposes of this paragraph, 'fixed costs' means the costs incurred for entering a supported quality scheme and the annual contribution for participating in that scheme, including, where necessary, expenditure on checks required to verify compliance with the specifications of the scheme. The costs of the checks incurred by producer group associations which have submitted an application for recognition of a quality label shall be admissible from the commencement of the transitional period, that is to say while the documents are being forwarded by the Member State to the Commission.
Amendment 835 #
2011/0282(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) concern infrastructure related to the development and adaptation of agriculture, including access to farm and forest land, land consolidation and improvement, energy supply and, water management and hydro storage to sustain farming and in particular crop systems; or
Amendment 848 #
2011/0282(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point d
Article 18 – paragraph 1 – point d
(d) are non productive investments linked to the achievement of agri- and forest- environment commitments, biodiversity conservation status of species and habitat as well as enhancing the public amenity value of a Natura 2000 area or other high nature value area to be defined in the programme.
Amendment 875 #
2011/0282(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Support under paragraph 1(a) shall be granted to agricultural holdings. In the case of investments to support farm restructuring, only farms not exceeding a certain size, to be defined by the Member States in the programme based on the SWOT analysis carried out in relation to the Union priority for rural development “enhancing competitiveness of all types of agriculture and enhancing farm viability”, shall be eligibleindividual or combined agricultural holdings and agricultural service providers.
Amendment 892 #
2011/0282(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Support under this measure shall be limited to the maximum support rates laid down in Annex I. These maximum rates may be increased for young farmers, women in agriculture, collective investments and integrated projects involving support under more than one measure, investments in areas facing significant natural constraints as referred to in Article 33(3) and operations supported in the framework of the EIP for agricultural productivity and sustainability in accordance with the support rates laid down in Annex I. However, the maximum combined support rate may not exceed 90%.
Amendment 894 #
2011/0282(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Paragraph 3 shall not apply to investments referred to in paragraph 1(c) and non- productive investments referred to in paragraph 1(d).
Amendment 911 #
2011/0282(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Support shall be granted to farmers or groups of farmers and undertakings engaged in the processing and/or marketing of products listed in Annex 1 of the Treaty. Support may also be granted to public entities where a link between the investment undertaken by such entities and agricultural production potential is established.
Amendment 922 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point a – point i
Article 20 – paragraph 1 – point a – point i
(i) young farmers and women in agriculture;
Amendment 929 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point a – point ii
Article 20 – paragraph 1 – point a – point ii
(ii) non-agricultural activities and provision of agricultural services in rural areas;
Amendment 938 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point b
Article 20 – paragraph 1 – point b
(b) investments in non-agricultural activities and provision of agricultural services;
Amendment 962 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
Support under paragraph 1(a)(i) shall be granted to young farmers and women in agriculture.
Amendment 979 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2
Support under paragraph 1(a)(ii) shall be granted to farmers or members of the farm household diversifying into non- agricultural activities and to non- agricultural micro- and small- enterprises and the provision of agricultural services in rural areas.
Amendment 993 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 4
Article 20 – paragraph 2 – subparagraph 4
Support under paragraph 1(b) shall be granted to non- agricultural micro- and small- enterprises in rural areas and to farmers or members of the farm household and micro- and small- enterprises providing agricultural services.
Amendment 1012 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 4 – subparagraph 2 a (new)
Article 20 – paragraph 4 – subparagraph 2 a (new)
Amendment 1062 #
2011/0282(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point e
Article 21 – paragraph 1 – point e
(e) investments by public and private bodies in recreational infrastructure, tourist information and sign-posting of touristic sites;
Amendment 1077 #
2011/0282(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Investments under paragraph 1 shall be eligible for support where the relevant operations are implemented in accordance with plans for the development of municipalities in rural areas and their basic services, where such plans exist and shall by are consistent with any local development strategy, where one exists.
Amendment 1120 #
2011/0282(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Support under Article 22(1)(a) shall be granted to private land-owners and tenants, to other land managers, and to municipalities and their associations and shall cover the costs of establishment and an annual premium per hectare to cover the costs of agricultural income foregone and maintenance, including early and late cleanings, for a maximum period of ten years.
Amendment 1142 #
2011/0282(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Support under Article 22(1)(b) shall be granted to private land public owners, tenants, other land managers and municipalities and their associations and shall cover the costs of establishment and an annual premium per hectare to cover the costs of maintenance for a maximum period of threeseven years.
Amendment 1188 #
2011/0282(COD)
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 1
Article 25 – paragraph 2 – subparagraph 1
In the case of preventive actions concerning pests and diseases, the risk of a relevant disaster occurrence must be supported by scientific evidence and acknowledged by scientific public organisations. Where relevant, the list of species of organisms harmful to plants which may cause a disaster must be provided in the programme.
Amendment 1204 #
2011/0282(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Support under paragraph 1(d) shall be subject to the formal recognition by the competent public authorities of Member States that a natural disaster has occurred and that this disaster, or measures adopted in accordance with Directive 2000/29/EC to eradicate or contain a plant disease or pest has caused the destruction of at least 3015% of the relevant forest potential. This percentage shall be determined on the basis of either the average existing forest potential in the three-year period immediately preceding the disaster or on the average of the five-year period immediately preceding the disaster, excluding the highest and the lowest entry.
Amendment 1213 #
2011/0282(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Support under Article 22(1)(d) shall be granted to natural persons, private forest owners, private law, public and semi- public bodies, municipalities and their associations. In the case of state forests support may also be granted to bodies managing such forests, which are independent from the state budget.
Amendment 1228 #
2011/0282(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Support under Article 22(1)(e) shall be granted to private forest owners, municipalitieand public land-owners and tenants and to otheir associationland managers and to SMEs for investments enhancing forestry potential or relating to processing and marketing adding value to forest products. In the territories of the Azores, Madeira, the Canary islands, the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93 and the French overseas departments support may also be granted to enterprises that are not SMEs.
Amendment 1301 #
2011/0282(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Agri-environment-climate payments cover only those commitments going beyond the relevant mandatory standards established pursuant to Chapter I of Title VI of Regulation (EU) No HR/2012 and other relevant obligations established under Chapter 2 of Title III of Regulation (EU) No DP/2012, relevant minimum requirements for fertiliser and plant protection products use as well as other relevant mandatory requirements established by national legislation. All such mandatory requirements shall be identified in the programme.
Amendment 1313 #
2011/0282(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Member States shall endeavosure to providehat persons undertaking to carry out operations under this measure withhave the opportunity to acquire the knowledge and information required to implement them, including by setting up commitment-related expert advice and/or by making support under this measure conditional to relevant trainingsory services.
Amendment 1333 #
2011/0282(COD)
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
6. Payments shall be granted annually and shall compensate beneficiaries for all or part of the additional costs and income foregone resulting from the commitments made. Where necessary they may also cover transaction costs to a value of up to 20% of the premium paid for the agri- environment-climate commitments. Where commitments are undertaken by groups of farmers and/or by other land managers, the maximum level shall be 30%.
Amendment 1336 #
2011/0282(COD)
Proposal for a regulation
Article 29 – paragraph 6 a (new)
Article 29 – paragraph 6 a (new)
6a. Where commitments under this measure include the implementation of greening measures in preparation for meeting other commitments under the measure, these greening measures may be compensated within the measure. In that case they may not receive support as 'non- productive investments' under Article 18(1)(d).
Amendment 1397 #
2011/0282(COD)
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
Payments to farmers in mountain areas and other areas facing natural or other specific constraints shall be granted annually per hectare of UAA in order to compensate farmers for additional costs and income foregone related to the constraints for agricultural production in the area concerned, and to avoid the risk of those areas being abandoned owing to their low profitability.
Amendment 1430 #
2011/0282(COD)
Proposal for a regulation
Article 33 – paragraph 2 – subparagraph 1 – introductory part
Article 33 – paragraph 2 – subparagraph 1 – introductory part
In order to be eligible for payments under Article 32, mountain areas shall be characterized by a considerable limitation of the possibilities for using the land as well as low profitability and by an appreciable increase in production costs due to:
Amendment 1519 #
2011/0282(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point f
Article 36 – paragraph 2 – point f
(f) joint action undertaken with a view to mitigating or adapting to climate change, such as measures relating to water management and storage to sustain farming and in particular agricultural systems;
Amendment 1570 #
2011/0282(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point c
Article 37 – paragraph 1 – point c
(c) an income stabilisation tool, in the form of financial contributions toa mutual funds, to providinge compensation to farmers who experience a severe drop in their income.
Amendment 1648 #
2011/0282(COD)
Proposal for a regulation
Article 40 – paragraph 4 – subparagraph 1
Article 40 – paragraph 4 – subparagraph 1
Amendment 1655 #
2011/0282(COD)
Proposal for a regulation
Article 40 – paragraph 4 – subparagraph 1 a (new)
Article 40 – paragraph 4 – subparagraph 1 a (new)
Support under Article 37(1)(c) may take the form of a financial contribution towards farmers’ payments into the mutual fund. Member States shall lay down rules governing farmers’ contributions to the fund.
Amendment 1678 #
2011/0282(COD)
Proposal for a regulation
Article 44 – paragraph 3 – subparagraph 1
Article 44 – paragraph 3 – subparagraph 1
Amendment 1686 #
2011/0282(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
Amendment 1715 #
2011/0282(COD)
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
3. In the case of irrigation, onlynew investments that lead to a reduction of previous water use by at least 25% shall be considered as eligible expenditure. By way of derogation, in the Member States that adhered to the Union from 2004 onwards investments in new irrigation installations can, including measures to sustain farming and crop systems and/or to modernise existing systems for the improvement of water use efficiency, shall be considered as eligible expenditure in cases where an environmental analysis provides evidence that the investment concerned is sustainable and has no negative environmental impact.
Amendment 1729 #
2011/0282(COD)
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
For the purposes of this Regulation the Managing Authority"rural area" shall be define "rural area" at programmd at Member State level.
Amendment 1889 #
2011/0282(COD)
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. EIP operational groups shall form part of the EIP for agricultural productivity and sustainability. They shall be set up by interested actors such as farmers, collective entities, land and irrigation managers, researchers, advisors and businesses involved in the agriculture and food sector.
Amendment 1994 #
2011/0282(COD)
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
Amendment 2000 #
2011/0282(COD)
Proposal for a regulation
Article 67 – paragraph 4
Article 67 – paragraph 4
4. PExcept for forms of support under Article 57(1)(b), (c) and (d) of Regulation (EU) [CSF/2012], payments by beneficiaries shall be supported by invoices and documents proving payment. Where this cannot be done, payments shall be supported by documents of equivalent probative value, except for forms of support under Article 57(1)(b), (c) and (d) of Regulation (EU) [CSF/2012].
Amendment 440 #
2011/0281(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) In order to assist farms whose activities are mostly seasonal, such as fruit and vegetables, or wine, for which more staff are employed at certain times of the year, and to facilitate employment for workers who are considered to be at risk of social exclusion, a system of work vouchers for the payment of casual labour should be introduced, along the lines of the system provided for under Italian legislation.
Amendment 510 #
2011/0281(COD)
Proposal for a regulation
Recital 85 a (new)
Recital 85 a (new)
(85a) Data collected by the Farm Accountancy Data Network should be taken into consideration when formulating studies and research with the aim of preventing crises in the various agricultural sectors, given that they reflect the performance of farms. These data should be a useful tool for crisis prevention and management.
Amendment 530 #
2011/0281(COD)
Proposal for a regulation
Recital 94 a (new)
Recital 94 a (new)
(94a) However, the implementation of international agreements should not depart from the principle of reciprocity, particularly with regard to tariffs, plant health and the environment, and it should be carried out so as to ensure strict compliance with the mechanisms for entry prices, specific additional duties and compensatory levies.
Amendment 655 #
2011/0281(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) common and durum wheat, barley and maize;
Amendment 721 #
2011/0281(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) for common and durum wheat, barley, maize, paddy rice, sorghum and skimmed milk powder shall be equal to the respective reference prices fixed in Article 7 in the case of buying-in at a fixed price and shall not exceed the respective reference prices in the case of buying-in by tendering;
Amendment 728 #
2011/0281(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The public intervention prices referred to in paragraphs 1 and 2 shall be without prejudice to price increases or reductions for quality reasons for common and durum wheat, barley, maize, sorghum and paddy rice. Moreover, taking into account the need to ensure that production is orientated towards certain varieties of paddy rice, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to fix increases and reductions of the public intervention price.
Amendment 744 #
2011/0281(COD)
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
Aid for private storage mayshall be granted in respect of the products referred to in Article 1(2) and the following products, subject to the conditions set out in this Section and to requirements and conditions to be adopted by the Commission, by means of delegated and/or implementing acts, pursuant to Article 17 to 19:
Amendment 817 #
2011/0281(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 160, where necessary in order to provide for market transparency to lay down the conditions under which it may decide to grant private storage aid for the products listed in Article 16, taking into account average recorded Union market prices and, the reference prices forand production costs of the products concerned or the need to respond to a particularly difficult market situation or economic developments in the sector in one or more Member States.
Amendment 835 #
2011/0281(COD)
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. To implement the measure for the products referred to in point (g) of Article 1(2), in relation to specific areas of production, the Commission may, by means of delegated acts: (a) link the granting of aid to respective gross margins; (b) limit the placing of the stored product on the market to the period of February to August, to prevent any overlapping with the start of the new marketing year; (c) incentivise the placing of the stored product on third-country markets, through measures – such as a targeted promotion campaign together with the supply of a 'service package' – designed to facilitate the placing of the product on the markets of 'developing countries'. The measure shall be limited to the first three months of storage.
Amendment 878 #
2011/0281(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point i
Article 19 – paragraph 1 – point i
(i) the conditions according to which it may be decided that products covered by private storage contracts may be re- marketed or disposed of, seeking to avoid re-marketing in certain periods in order to eliminate problems of supply surpluses;
Amendment 967 #
2011/0281(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point c a (new)
Article 27 – paragraph 1 – point c a (new)
(ca) the dissemination of information on measures carried out by operators’ organisations and on traceability and certification systems to improve the quality of olive oil and table olives;
Amendment 978 #
2011/0281(COD)
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point a
Article 27 – paragraph 3 – subparagraph 1 – point a
(a) 7590 % for activities in the areas referred to in point (a) of paragraph 1;
Amendment 981 #
2011/0281(COD)
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point b
Article 27 – paragraph 3 – subparagraph 1 – point b
(b) 7590 % for fixed assets investments and 560 % for other activities in the area referred to in point (b) of paragraph 1;
Amendment 1037 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point f
Article 31 – paragraph 2 – subparagraph 1 – point f
f) support for the administrative costs of setting up and maintaining mutual funds.
Amendment 1070 #
2011/0281(COD)
Proposal for a regulation
Article 34 a (new)
Article 34 a (new)
Article 34a 1. Member States may establish a national fruit and vegetable network that unites the organisations, associations and authorities involved in implementing the national strategy. 2. The network shall be financed by a maximum levy of 0.5% of the Community share of the financing of the operational funds and its aim shall be: to manage the network, examine transferable good practices and gather the relevant information, organise conferences and seminars for those involved in managing the national strategy, conduct programmes to monitor and assess the national strategy and carry out other activities identified by the national strategy.
Amendment 1106 #
2011/0281(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point h a (new)
Article 40 – paragraph 1 – point h a (new)
(ha) use of concentrated grape must in accordance with Article 49(a);
Amendment 1107 #
2011/0281(COD)
Proposal for a regulation
Article 41 – paragraph 3 a (new)
Article 41 – paragraph 3 a (new)
3a. By way of derogation from paragraph 3, Member States may grant national aid in accordance with the relevant Community rules on State aid for the measures referred to in Articles 43, 47 and 48.
Amendment 1116 #
2011/0281(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Support under this Article shall cover information or promotion measures concerning Union wines in third countries and on the internal market, thereby improving their competitiveness in those countries.
Amendment 1123 #
2011/0281(COD)
Proposal for a regulation
Article 43 – paragraph 3 – point c
Article 43 – paragraph 3 – point c
(c) information campaigns, in particular on the Union systems covering designations of origin, geographical indications and organic production; to that end it would be desirable for agreements to be concluded with major retail chains in third countries to ensure that the information given to consumers about these products in sales outlets is as clear as possible;
Amendment 1135 #
2011/0281(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. Support for green harvesting shall contribute to improving the quality of the grapes and restoring the balance of supply and demand in the Union wine market in order to prevent market crises.
Amendment 1139 #
2011/0281(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. Support for the setting up and consolidation of mutual funds shall provide assistance to producers seeking to insure themselves against market fluctuations.
Amendment 1142 #
2011/0281(COD)
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. Support for the setting up and consolidation of mutual funds may be granted in the form of temporary and degressive aid to cover the administrative costs of the funds.
Amendment 1160 #
2011/0281(COD)
Proposal for a regulation
Article 48 – paragraph 1 – introductory part
Article 48 – paragraph 1 – introductory part
1. Support may be granted for tangible or intangible investments, including the registration of collective marks, in processing facilities, winery infrastructure, distilleries and marketing of wine which improve the overall performance of the enterprise and concern one or more of the following:
Amendment 1193 #
2011/0281(COD)
Proposal for a regulation
Article 49 a (new)
Article 49 a (new)
Article 49a Use of concentrated grape must 1. Support may be granted to wine producers who use concentrated grape must, including rectified concentrated grape must, to increase the natural alcoholic strength of products, in accordance with the conditions laid down in Annex XVa. 2. The amount of the aid shall be fixed per % volume potential alcoholic strength and per hectolitre of the must used for enrichment. 3. The maximum applicable aid levels for this measure in the different wine growing zones shall be fixed by the Commission.
Amendment 1233 #
2011/0281(COD)
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
Amendment 1235 #
2011/0281(COD)
Proposal for a regulation
Article 57
Article 57
Amendment 1240 #
2011/0281(COD)
Proposal for a regulation
Article 58 – paragraph 1 a (new)
Article 58 – paragraph 1 a (new)
Fruit and vegetables that are intended to be sold to consumers as fresh products may be marketed only if they are of sound, fair and marketable quality and if the country of origin is indicated.
Amendment 1242 #
2011/0281(COD)
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
1. Taking into account the expectations of consumers and the need to improve the economic conditions for the production and marketing of agricultural products as well as their quality, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on marketing standards referred to in Article 55, at all stages of the marketing, as well as derogations and exemptions from such standards to adapt to the constantly changing market conditions, to the evolving consumer demands, to developments in relonly for a limited time and in exceptional cases, or in the evaent international standards and avoid creating obstacles to product innovationof market crises.
Amendment 1244 #
2011/0281(COD)
Proposal for a regulation
Article 59 – paragraph 2 – introductory part
Article 59 – paragraph 2 – introductory part
2. The marketing standards referred to in paragraph 1 may cover one or more of the following requirements, determined on a sectoral or product basis, and based on the characteristics of each sector, on the need to regulate the placing on the market and on the conditions laid down in paragraph 3:
Amendment 1274 #
2011/0281(COD)
Proposal for a regulation
Article 59 – paragraph 3 – point c
Article 59 – paragraph 3 – point c
(c) the interest of consumers to receive adequate and transparent product information, including the place of farming to be determined on a case by case approach at the appropriate geographical levelby providing for the indication of the place of production;
Amendment 1283 #
2011/0281(COD)
Proposal for a regulation
Article 59 – paragraph 3 – point e
Article 59 – paragraph 3 – point e
(e) the standard recommendations adopted by international bodies in Annex V.
Amendment 1284 #
2011/0281(COD)
Proposal for a regulation
Article 59 – paragraph 3 – point e a (new)
Article 59 – paragraph 3 – point e a (new)
(ea) the possible risk of consumers being misled due to their expectations and habits, having regard to the availability and feasibility of informational means to exclude such risks;
Amendment 1285 #
2011/0281(COD)
Proposal for a regulation
Article 59 – paragraph 3 a (new)
Article 59 – paragraph 3 a (new)
3a. Place of farming, in accordance with paragraph 3(c), shall mean the place of cultivation or breeding, namely the country from which the non-processed agricultural product, or product used in the preparation or production of a food, originates.
Amendment 1296 #
2011/0281(COD)
Proposal for a regulation
Article 60 – paragraph 3
Article 60 – paragraph 3
Amendment 1299 #
2011/0281(COD)
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
Taking into account the specificity of each sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on tolerancerough the ordinary procedure a tolerance may be adopted for each standard beyond which the entire batch of products shall be considered as not respecting that standard.
Amendment 1300 #
2011/0281(COD)
Proposal for a regulation
Article 61 – paragraph 1 a (new)
Article 61 – paragraph 1 a (new)
In exceptional cases, or in the event of market crises and for a limited period of time, the Commission may adopt, by means of delegated acts, a tolerance for each standard beyond which the entire batch of products shall be considered as not respecting that standard.
Amendment 1308 #
2011/0281(COD)
Proposal for a regulation
Article 62 – paragraph 3 – subparagraph 1
Article 62 – paragraph 3 – subparagraph 1
Amendment 1311 #
2011/0281(COD)
Proposal for a regulation
Article 65 – paragraph 3
Article 65 – paragraph 3
3. Member States may allow the experimental use of unauthorised oenological practices in accordance with the conditions specified by the Commission, by means of delegated acts adopted pursuant to paragraph 4.
Amendment 1312 #
2011/0281(COD)
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
Taking into account the specificities in trade between the Union and certain third countries and the special character of some agricultural products, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to defineensuring that consumers are not being misled due to their expectations and habits, the conditions under which imported products are considered to have an equivalent level of compliance with the Union marketing standards and conditions allowing derogation from Article 58 and determinemay be defined, through the ordinary procedure, and the rules concerning the application of the marketing standards to products exported from the Union may be determined.
Amendment 1336 #
2011/0281(COD)
Proposal for a regulation
Article 70 – paragraph 2 – point d a (new)
Article 70 – paragraph 2 – point d a (new)
(da) include the name of the vine variety together with the geographical reference.
Amendment 1350 #
2011/0281(COD)
Proposal for a regulation
Article 71 – paragraph 2 – subparagraph 1 a (new)
Article 71 – paragraph 2 – subparagraph 1 a (new)
Amendment 1361 #
2011/0281(COD)
Proposal for a regulation
Article 80 – paragraph 3 a (new)
Article 80 – paragraph 3 a (new)
3a. Member States shall take the steps necessary to stop the unlawful use of protected designations of origin or protected geographical indications within the meaning of paragraph 2.
Amendment 1377 #
2011/0281(COD)
Proposal for a regulation
Article 86 – paragraph 4 – point a
Article 86 – paragraph 4 – point a
Amendment 1391 #
2011/0281(COD)
Proposal for a regulation
Article 86 – paragraph 6 – point b
Article 86 – paragraph 6 – point b
Amendment 1414 #
2011/0281(COD)
Proposal for a regulation
Article 96 – paragraph 1 – point g a (new)
Article 96 – paragraph 1 – point g a (new)
(ga) an indication of the sugary substances used to increase the alcohol content of the wines.
Amendment 1415 #
2011/0281(COD)
Proposal for a regulation
Article 96 – paragraph 3 a (new)
Article 96 – paragraph 3 a (new)
3a. By way of derogation from point (ga) of paragraph 1, the indication may be omitted in the following cases: (a) for sparkling and semi-sparkling wines obtained from cuvées produced without the addition of any sugary substances; (b) for all grapevine products for which added sugary substances have been used, where the latter derive solely from grapes.
Amendment 1616 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point c – point ii
Article 106 – paragraph 1 – point c – point ii
(ii) concentration of supply and the direct placing on the market of the products produced by its members;
Amendment 1645 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point c – point vii a (new)
Article 106 – paragraph 1 – point c – point vii a (new)
(viia) taking action to improve quality, especially at the market placement stage;
Amendment 1650 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point c – point vii b (new)
Article 106 – paragraph 1 – point c – point vii b (new)
(viib) implementing policies designed to strengthen producer organisations and associations of producer organisations from an organisational, commercial and financial point of view.
Amendment 1656 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point d
Article 106 – paragraph 1 – point d
Amendment 1828 #
2011/0281(COD)
Proposal for a regulation
Article 111 – paragraph 1
Article 111 – paragraph 1
Where rules of a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation are extended under Article 110 and the activities covered by those rules are in the general economic interest of persons whose activities relate to the products concerned, the Member State which has granted recognition may decide that individuals or groups, in addition to processors and merchants, which are not members of the organisation but which benefit from those activities shall pay the organisation all or part of the financial contributions paid by its members to the extent that such contributions are intended to cover costs directly incurred as a result of pursuing the activities in question.
Amendment 2179 #
2011/0281(COD)
Proposal for a regulation
Annex I – Part IX – product line (new)
Annex I – Part IX – product line (new)
0714201 Sweet potatoes, fresh, whole, and intended for human consumption.
Amendment 2204 #
2011/0281(COD)
Proposal for a regulation
Annex VI – Part I – point I – paragraph 2 – point B – introductory part
Annex VI – Part I – point I – paragraph 2 – point B – introductory part
B) Category Z: bovine animals aged from 8 months to lessno more than 12 months
Amendment 133 #
2011/0280(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to take into account specific new elements and to guarantee the protection of the rights of beneficiaries, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of laying down further definitions regarding the access to support under this Regulation, establishing the framework within which Member States shall define the minimum activities to be carried out on areas naturally kept in a state suitable for grazing or cultivation as well as the criteria to be met by farmers in order to be deemed to have respected the obligation of maintaining the agricultural area in– the state suitable for production and the criteria to detat is, any area taken up by arable land, permanent grassland and pasture or permiane the predominance of grasses and other herbaceous forage as regards permanent grasslandnt crops – in the state suitable for production.
Amendment 179 #
2011/0280(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Due to the successive integration of various sectors into the single payment scheme and the ensuing period of adjustment granted to farmers, it has become increasingly difficult to justify the presence of significant individual differences in the level of support per hectare resulting from use of historical references. Therefore direct income support should be more equitably distributed between Member States, by reducing the link to historical references and having regard to the overall context of the Union budget. To ensure a more equal distribution of direct support, while taking account of the differences that still exist in wage levels and input costs, the levels of direct support per hectare should be progressively adjusted. Member States with direct payments below the level of 90 % of the average should close one third of the gap between their current level and this level. This convergence should be financed proportionally by all Member States with direct payments above the UnThe redistribution of direct payments should comply with the basic principles of Europa 2020, while highlighting the need to use Union resources for economic growth. To that end, direct payments should be redistributed on the basis of appropriate, objective and non-discriminatory criteria such as the value of agricultural production, averagedded value, labour and purchasing power. In addition, all payment entitlements activated in 201922 in a Member State or in a region should haveapproximate to or reach a uniform unit value following a convergence towards this value that should take place during the transition period in linear steps. However, in order to avoid disruptive financial consequences for farmeproductive sectors, Member States having used the single payment scheme, and in particular the historical model, should be allowed to partially take historical factors into account when calculating the value of payment entitlements in the first year of application of the new scheme. The debate on the next Multiannual Financial Framework for the period starting in 2021 should also focus on the objective of complete convergence through the equal distributionmay retain an element of differentiation in relation to direct support in order to take account of differecnt support across the European Union during that periodtypes of land use.
Amendment 233 #
2011/0280(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) One of the objectives of the new CAP is the enhancement of environmental performance through a mandatory "greening" component of direct payments which will support agricultural practices beneficial for the climate and the environment applicable throughout the Union. For that purpose, Member States should use part of their national ceilings for direct payments to grant an annual payment, on top of the basic payment, for compulsory practices to be followed by farmers addressing, as a priority, both climate and environment policy goals. Those practisces should take the form of simple, generalised, non- contractual and annual actions that go beyond cross- compliance and are linked to agriculture such as crop diversification, maintenance of permanent grassland and pastures, of perennial crops associated with appropriate agronomic practices and of ecological focus areas. The compulsory nature of those practisces should also concern farmers whose holdings are fully or partly situated in "‘Natura 2000"’ areas covered by Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora and by Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, as long as these practisces are compatible with the objectives of those Directives. Farmers who fulfil the conditions laid down in Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 should benefit from the "‘greening"’ component without fulfilling any further obligation, given the recognised environmental benefits of the organic farming systems. Non-respect of the "greening" compThe same should apply to farmers who sign up for agri-environmental programmes as an aspect of rural development or take part in a national certification scheme of recognised environmental value, or who comply with the environment should lead to penalties on the basis of Article 65 of Regulation (EU) No […] [HZR]al guidelines applicable to sustainable operational programmes under the Single CMO, or who adhere to agri-environmental schemes approved at national level.
Amendment 256 #
2011/0280(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In order to ensure that the land under permanent grassland and permanent crops is maintained as such by the farmers, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of the adoption of rules concerning the application of the measure.
Amendment 270 #
2011/0280(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) In order to promote the sustainable development of agriculture in areas with specific natural constraints and abandoned areas, Member States should be able to use part of their national ceilings for direct payments to grant an annual area-based paymentpayment based on new criteria such as gross marketable output, added value or the number of workers employed, on top of the basic payment, to all farmers operating in such areas. That payment should not replace the support given under rural development programs and should not be granted to farmers in areas which were designated in accordance with Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) but have not been designated in accordance with Article 46(1) of Regulation (EU) No […] of the European Parliament and of the Council of …. on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) [RDR].
Amendment 277 #
2011/0280(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 342 #
2011/0280(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b – point iv
Article 1 – paragraph 1 – point b – point iv
(iv) a payment for young farmers who commence their agricultural activity and for women in farming;
Amendment 550 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. No direct payments shall be granted to natural or legal persons, or to groups of natural or legal persons, whereMember States shall decide to grant direct payments to farmers in one of the following applicases:
Amendment 588 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the annual amount of direct payments is lessmore than 5 % of the total receiptsincome they obtained from non-agricultural activities in the most recent fiscal year; or
Amendment 610 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) their agricultural areas are mainly areas naturally kept in a state suitable for grazing or cultivation and they do not carry out on those areas the minimum activity established by Member States in accordance with Article 4(1)(c).;
Amendment 621 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(ba) they are identified in a national public register, on the basis of objective criteria, as are farmers;
Amendment 626 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b b (new)
Article 9 – paragraph 1 – point b b (new)
(bb) they devote a substantial amount of their working time to agricultural activities and earn a significant part of their income from such activities, in accordance with criteria established by the Member State.
Amendment 644 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Paragraph 1 shall not apply to farmers who received less than EUR 52 000 of direct payments for the previous year, to holdings in mountain areas affected by natural constraints or to holdings which restore abandoned areas.
Amendment 655 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
Entities such as transport companies, airports, real estate companies, companies managing sport grounds, motorway companies, campsites and mining companies shall not receive direct payments. After having notified the Commission, the Member States may decide to add other types of entity to those listed in paragraph 2a.
Amendment 776 #
2011/0280(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The amount referred to in paragraph 1 shall be calculated by subtracting the salaries effectively paid and deccost of labour (salaries, wages and vouchers), calcularted by the farmer in the previous year, including taxes and social on a flat-rate basis per labour unit used, also taking into accountributions related to employment work done by family members, from the total amount of direct payments initially due to the farmer without taking into account the payments to be granted pursuant to Chapter 2 of Title III of this Regulation.
Amendment 835 #
2011/0280(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 a (new)
Article 14 – paragraph 1 – subparagraph 1 a (new)
Before 1 August 2013, Belgium, Denmark, France, Germany, Ireland, Italy, the Netherlands, Spain, Sweden and the United Kingdom may decide to increase by a maximum of 10 points the percentage of their annual ceilings referred to in the first subparagraph.
Amendment 852 #
2011/0280(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
(1a) Should Article 20 of this Regulation be applied, the Member States may make available to the regions the amount referred to in the first subparagraph, in accordance with objective and non-discriminatory criteria.
Amendment 897 #
2011/0280(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. By way of derogation from paragraph 2, Member States in which certain types of livestock farms are particularly important for economic and/or social reasons may retain their special entitlements until 31 December 2020.
Amendment 1263 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. FarmersMember States shall grant an annual payment for agricultural practices beneficial for the climate and the environment to farmers who are entitled to a payment under the basic payment scheme referred to in Chapter 1 shallwhen they observe on their eligible hectares as defined in Article 25(2) the following agricultural practises beneficial for the c, and in respect of which a greening applimcate and the environment: ion has been made, the following practices:
Amendment 1288 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) to have threewo different crops on their arable land where the arable land of the farmer covers more than 315 and up to 20 hectares, and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the yearthree different crops where the arable land of the farmer covers more than 50 hectares;
Amendment 1323 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) to maintain existing permanent grassland and pasture on their holding; and
Amendment 1330 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b a (new)
Article 29 – paragraph 1 – point b a (new)
(ba) to maintain existing permanent crops on their farms, together with specific agronomic practices; or
Amendment 1332 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b b (new)
Article 29 – paragraph 1 – point b b (new)
(bb) more than 70% of which is cultivated with crops under water for a significant part of the growing cycle, or a combination of these.
Amendment 1424 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 1
Article 29 – paragraph 4 – subparagraph 1
Farmers shall be entitled ipso facto to the payment referred to in this Chapter when they come within the following categories: – farmers complying with the requirements laid down in Article 29(1) of Regulation (EC) No° 834/2007 as regards organic farming shall be entitled ipso facto to the payment referred to in this Chapter, or – beneficiaries of agri-environment- climatic payments established pursuant to Article 39(2) of Regulation (EC) No 1698/2005 and/or Article 29 of Regulation (EU) No [...] [RDR]; – farmers who comply with the environmental guidelines applicable to sustainable operational programmes under the single CMO or with national agri-environmental guidelines.
Amendment 1452 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 2
Article 29 – paragraph 4 – subparagraph 2
The first subparagraph shall apply only to the units of a holding that are used for organic production in accordance with Article 11 of Regulation (EC) No 834/2007 or are covered by agri-environment- climate measures in accordance with Article 39(2) of Regulation (EC) No 1698/2005 and/or Article 29 of Regulation (EU) N° [...] [RDR] or by measures/actions provided for in the environmental guidelines applicable to sustainable operational programmes under the single CMO.
Amendment 1469 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
Amendment 1493 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
Amendment 1508 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Where the arable land of the farmer covers more than 315 hectares and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the yearup to 50 hectares, cultivation on the arable land shall consist of at least two different crops. None of those crops shall cover less than 10 % of the arable land. Where the arable land of the farmer covers more than 50 hectares, cultivation on the arable land shall consist of at least three different crops. None of those threeThe main crops shall not cover lessmore than 570 % of the arable land and the two main one shall not exceed 70crops together shall not cover more than 95 % of the arable land.
Amendment 1557 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. The first paragraph shall not apply to farms: – where the arable land is mainly used for grass production or other forage, mainly left fallow, mainly cultivated with crops under water for a significant part of the growing cycle, or a combination of these, or – where the arable land of the farmer covers up to 50 hectares and more than 80% of the eligible agricultural area of the holding is covered by permanent grassland and historical pastures, or by permanent crops.
Amendment 1574 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1 b (new)
Article 30 – paragraph 1 b (new)
1b. For the purposes of this article, “crop” means a crop of one of the genera defined in the botanical classification of crops or a crop of one of the species in the Brassicaceae, Solonaceae and Cucurbitaceae families, as well as land left fallow. However, autumn/winter crops and spring/summer crops shall be deemed to differ from each other even where they are of the same genus.
Amendment 1585 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down the definition of 'crop' andin order to add other crops to those listed in paragraph 1b and to establish the rules concerning the application of the precise calculation of shares of different crops.
Amendment 1705 #
2011/0280(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. FWhere the agricultural area, excluding areas under permanent grassland, covers more than 15 hectares, farmers shall ensure that at least 73 % of their eligible hectares as defined in Article 25(2), excluding areas under permanent grassland, is ecological focus area such as land left fallow, terraces, landscape features, buffer stripland under permanent crops, terraces, landscape features such as hedges or stone walls, buffer strips, land cultivated with crops under water for a significant part of the growing cycle, land under soil-improving crops such as pulses and afforested areas as referred to in article 25(2)(b)(ii).
Amendment 1908 #
2011/0280(COD)
Proposal for a regulation
Title 3 – chapter 4 – title
Title 3 – chapter 4 – title
Payments for young farmers and women in farming
Amendment 1935 #
2011/0280(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Member States shall grant an annual payment to young farmers and to women engaged in farming and contributing to the rural economy who are entitled to a payment under the basic payment scheme referred to in Chapter 1.
Amendment 1993 #
2011/0280(COD)
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1
Article 37 – paragraph 1 – subparagraph 1
In order to finance the payment referred to in Article 36, Member States shall use a percentage of the annual national ceiling set out in Annex II which shall not be higher than 24 %. They shall notify the Commission, by 1 August 2013, of the estimated percentage necessary to finance that payment.
Amendment 2000 #
2011/0280(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Without prejudice to the maximumfigure of 24 % set under paragraph 1, where the total amount of the payment applied for in a Member State in a particular year exceeds the ceiling set pursuant to paragraph 4, and where that ceiling is lower than 24 % of the annual national ceiling set out in Annex II, Member States shall apply a linear reduction to all payments to be granted to all farmers in accordance with Article 25.
Amendment 2025 #
2011/0280(COD)
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2
Article 38 – paragraph 1 – subparagraph 2
Coupled support may be granted to the following sectors and productions: cereals, oilseeds, protein crops, grain legumes, flax, hemp, rice, nuts, starch pot referred to in Annex I to the Treatoy, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, olive oil, silk worms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables and short rotation coppicewith the exception of fisheries products.
Amendment 2251 #
2011/0280(COD)
Proposal for a regulation
Article 49 – paragraph 1 – subparagraph 1 – point b a (new)
Article 49 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) a level equal to the amount to which the farmer would be entitled in respect of the number of hectares declared for the 2014 calendar year.
Amendment 2288 #
2011/0280(COD)
Proposal for a regulation
Annex II
Annex II
[The breakdown of resources among the Member States that is put forward in Annex II should be reviewed on the basis of objective criteria, as provided for in Recital 21.]
Amendment 76 #
2011/0204(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Amendment 83 #
2011/0204(COD)
Proposal for a regulation
Article 13
Article 13
Where an application for an EAPO is made prior to the initiation of proceedings on the substance, the claimant shall initiate such proceedings within 30 days of the date of issue of the orderhearing referred to in Article 21(1) or within any shorter time period set by the issuing court, failing which the order shall be revocable in accordance with point (b) of Article 34(1) or Article 35(2).
Amendment 93 #
2011/0204(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 a (new)
Article 21 – paragraph 1 – subparagraph 1 a (new)
In the EAPO, the court shall schedule a hearing of the parties within no more than 14 days and shall require the claimant to notify the defendant within no more than eight days. At that hearing, the court shall confirm, modify or set aside the measures provided for in the EAPO.
Amendment 108 #
2011/0060(CNS)
Proposal for a regulation
Recital 18
Recital 18
(18) To facilitate the partners' management of their property, the law of the Member State where the partnership was registered will apply to all the partners' property, even if this law is not the law of an EU Member State, but only if it complies with the public policy and coercive principles of the State in which it is to be applied.
Amendment 110 #
2011/0060(CNS)
Proposal for a regulation
Recital 20
Recital 20
(20) Considerations of public interest may, in exceptional circumstances,and conflict with coercive principles of the Member States may justify the courts of the Member Stalattesr invoking overriding mandatory provisions which must be complied with in order to safeguard the political, social or economic organisation of those States. Similarly, in exceptional circumstancesere this is permitted under national law. Similarly, the courts of the Member States should be allowed to set aside the foreign law in a given case where its application would be manifestly incompatible with the public policy of the forum.
Amendment 111 #
2011/0060(CNS)
Proposal for a regulation
Recital 21
Recital 21
Amendment 116 #
2011/0060(CNS)
Proposal for a regulation
Article 2 – point b
Article 2 – point b
(b) 'registered partnership': regime governing the shared life of two or more people which is provided for in law and is registered by an official authority;
Amendment 117 #
2011/0060(CNS)
Proposal for a regulation
Article 2 – point b - paragraph 1 a (new)
Article 2 – point b - paragraph 1 a (new)
Amendment 119 #
2011/0060(CNS)
Proposal for a regulation
Article 15
Article 15
The law applicable to the property consequences of registered partnerships is the law of the State in which the partnership was registered, only if it complies with the public policy and coercive principles of the State in which it is to be applied.
Amendment 127 #
2011/0060(CNS)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The application of a ruleprovision of the law determinsignated by this Regulation may be refused only if such application is manifestly incompatible with the public policy and constitutional principles of the forum.
Amendment 128 #
2011/0060(CNS)
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. A court of a Member State may declare that it is not competent to decide on the application of the laws of the State of registration where they are in conflict with the public policy and the constitutional principles of the State in which their application has been requested. In that case the competent court shall be that of the State of registration, but its decisions shall not take effect in the State which has not recognised its own competence.
Amendment 129 #
2011/0060(CNS)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 a (new)
Article 18 – paragraph 2 – subparagraph 1 a (new)
The application of a rule of the law determined by this Regulation, which provides for the option of registering same-sex partnerships and which governs them, shall be deemed contrary to the public policy of the forum where the legal system of the latter makes no provision for, or prohibits, such partnerships.
Amendment 130 #
2011/0060(CNS)
Proposal for a regulation
Article 22 – point a
Article 22 – point a
(a) such recognition is manifestly contrary to public policy in the Member State addressed;
Amendment 133 #
2011/0060(CNS)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Authentic instruments drawn up in a Member State shall be recognised in the other Member States, unless their validity is disputed in accordance with the applicable law, and provided such recognition is not manifestly contrary to public policy in the Member State addressed.
Amendment 134 #
2011/0060(CNS)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The court with which an appeal is lodged under Articles [43 and 44] of Regulation (EC) No 44/2001 may refuse or revoke a declaration of enforceability only if enforcement of the instrument is manifestly contrary to public policy in the Member State addressed.
Amendment 135 #
2011/0060(CNS)
Proposal for a regulation
Article 30
Article 30
Court settlements that are enforceable in the Member State of origin shall be recognised and declared enforceable in another Member State at the request of any interested party under the same conditions as authentic instruments. The court with which an appeal is lodged under Article [42 or 44] of Regulation (EC) No 44/2001 may refuse or revoke a declaration of enforceability only if enforcement of the court settlement is manifestly contrary to public policy in the Member State addressed.
Amendment 109 #
2011/0059(CNS)
Proposal for a regulation
Recital 25
Recital 25
(25) Considerations of public interest dictate that courts in the Member States must be given the possibility in exceptional circumstances of setting aside the foreign law in a given case where its application would be manifestly contrary to the public policy of the forum. However, the courts should not be able to apply the public policy exception in order to set aside the law of another Member State or to refuse to recognise or enforce a decision, authentic instrument or legal transaction drawn up in another State if the application of the public policy exception would be contrary to the Charter of Fundamental Rights of the European Union, and in particular Article 21, which prohibits all forms of discriminat and to its constitutional principles concerning marital unions.
Amendment 116 #
2011/0059(CNS)
Proposal for a regulation
Article 23
Article 23
The application of a rule of the law determined by this Regulation may be refused only if such application is manifestly incompatible with the public policy of the forumand the constitutional principles of the forum governing the institution of marriage.
Amendment 117 #
2011/0059(CNS)
Proposal for a regulation
Article 27 – point a
Article 27 – point a
(a) such recognition is manifestly contrary to public policy in the Member State addressed;
Amendment 118 #
2011/0059(CNS)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Authentic instruments drawn up in a Member State shall be recognised in the other Member States, unless their validity is disputed in accordance with the applicable law, and provided such recognition is not ??? contrary to public policy in the Member State addressed.
Amendment 119 #
2011/0059(CNS)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The court with which an appeal is lodged under Articles [43 and 44] of Regulation (EC) No 44/2001 may refuse or revoke a declaration of enforceability only if enforcement of the instrument is manifestly contrary to public policy in the Member State addressed.
Amendment 120 #
2011/0059(CNS)
Proposal for a regulation
Article 34
Article 34
Court settlements that are enforceable in the Member State of origin shall be recognised and declared enforceable in another Member State at the request of any interested party under the same conditions as authentic instruments. The court with which an appeal is lodged under Article [42 or 44] of Regulation (EC) No 44/2001 may refuse or revoke a declaration of enforceability only if enforcement of the court settlement is manifestly contrary to public policy in the Member State addressed.
Amendment 7 #
2010/2021(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that Article 290 TFEU gives the Legislator the freedom to choose which control mechanism(s) to put in place; considers that the two examples enumerated in Article 290(2), objection and revocation, are purely illustrative and that one could envisage, at the initiative of either of the two institutions, subjecting a delegation of power to other means of control, such as an express approval by Parliament and the Council of each delegated act or a possibility of repealing individual delegated acts already in force;
Amendment 13 #
2010/2021(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that, within the time limit laid down by the delegation, the Commission may amend or repeal delegated acts already in force;
Amendment 14 #
2010/2021(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Maintains that the duration of a delegation cannot be indefinite; is of the opinion, however, that a delegation of a limited duration could provide for the possibility of periodic renewal; considers that a basic act can provide that such periodical renewal take place either tacitly or following an express request by the Commission; considers that, in both cases, the delegation can only be renewed if neitheronly with the express joint agreement of the European Parliament norand the Council expresses any objections within a specified deadline;
Amendment 18 #
2010/2021(INI)
Motion for a resolution
Paragraph 10 – introductory wording
Paragraph 10 – introductory wording
10. Considers that certain practical arrangements of a horizontal nature should not be dealt with separately in each basic act, but could be better dealt with in a Common Understanding between the institutions covering inter alia:
Amendment 4 #
2010/0821(NLE)
Motion for a resolution
Recital D
Recital D
Amendment 5 #
2010/0821(NLE)
Motion for a resolution
Recital E
Recital E
Amendment 7 #
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 itfor the involvement in the mechanism of those Member States whose currency is not the euro; whereas this may include recourse to Article 20 TEU on enhanced cooperation;
Amendment 10 #
2010/0821(NLE)
Motion for a resolution
Recital G
Recital G
Amendment 16 #
2010/0821(NLE)
Motion for a resolution
Recital J
Recital J
Amendment 18 #
2010/0821(NLE)
Motion for a resolution
Recital K
Recital K
Amendment 23 #
2010/0821(NLE)
Motion for a resolution
Recital L
Recital L
Amendment 24 #
2010/0821(NLE)
Motion for a resolution
Recital M
Recital M
Amendment 30 #
2010/0821(NLE)
Motion for a resolution
Recital O
Recital O
Amendment 33 #
2010/0821(NLE)
Motion for a resolution
Recital P
Recital P
Amendment 37 #
2010/0821(NLE)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas one such future Treaty revision could concern the seat of the European Parliament; whereas there is significant expense involved in conducting the parliamentary business of the European Parliament in two separate locations, and whereas the European institutions should set an example in the prudent use of public money;
Amendment 41 #
2010/0821(NLE)
Motion for a resolution
Paragraph 1
Paragraph 1
1. EmphasisNotes that the monetary policy is a Community policy and has been since the Maastricht Treaty;
Amendment 44 #
2010/0821(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the European stability mechanism constitutes an integral part of a global package of measures which are designed to define a new framework, reinforcing budgetary discipline and coordination of the economic and financial policies of the Member States, concomitantly overcoming economic and social imbalances and improving competitivity;
Amendment 48 #
2010/0821(NLE)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 52 #
2010/0821(NLE)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 60 #
2010/0821(NLE)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 63 #
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, in order to properly involvinge the Union institutions at a preliminary stage, especially Parliament, and to reassuringe those Member States whose currency is not yet the euro, full consistency between Chapters 1 and 4 of Title VIII of Part Three of the TFEU should also be established;
Amendment 77 #
2010/0821(NLE)
Motion for a resolution
Paragraph 9 – point a
Paragraph 9 – point a
(a) a redrafting of the European Council draft decision as proposed in the amendments annexed hereto2, it being understood that, by shifting the proposed provision from Article 136(3) to Article 136(1) TFEU, the stability mechanism, notwithstanding its initial intergovernmental character, would be 1 This paragraph will automatically be deleted if the Committee does not adopt any amendments. 2 This paragraph will automatically be deleted if the Committee does not adopt any amendments. placed in a perspective of possible future incorporation into the framework of the Union, e.g. in the form of a special kind of agency, making use of the institutional patterns of enhanced cooperation1;
Amendment 89 #
2010/0821(NLE)
Motion for a resolution
Paragraph 9 – point b – indent 1
Paragraph 9 – point b – indent 1
Amendment 93 #
2010/0821(NLE)
Motion for a resolution
Paragraph 9 – point b – indent 2
Paragraph 9 – point b – indent 2
Amendment 97 #
2010/0821(NLE)
Motion for a resolution
Paragraph 9 – point b – indent 3
Paragraph 9 – point b – indent 3
Amendment 103 #
2010/0821(NLE)
Motion for a resolution
Paragraph 9 – point b – indent 4
Paragraph 9 – point b – indent 4
Amendment 115 #
2010/0821(NLE)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines that the draft European Council decision as amended would not increase the competences of the Union and would therefore remain within the scope of the simplified Treaty revision procedure; notes, conversely, that that decision cannot reduce the competences of the Union institutions in the fields of economic and monetary policy and of monetary policy for Member States whose currency is the euro and cannot in any event prejudice the correct application of Union law, in particular Articles 122 and 143 TFEU, and of the Union acquis;
Amendment 128 #
2010/0821(NLE)
Motion for a resolution
Annex to the motion for a resolution
Annex to the motion for a resolution
Amendment to the draft European Council decision Article 136(121(6) TFEU, point b a (new): “on a recommendation from the Commission and after consulting the European Parliament, the Council may authorise the Member States whose currency is the euro to establish a stability mechanism to be activated if indispensable to safeguard the stability of the euro area as a whole. The granting of any required financial assistance under the mechanism will be decided on the basis of a European Commission proposal and be made subject to strict conditionality criteria in accordance with the principles and objectives of the Union. The European Parliament and the Council shall l: “6. The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, may adown the principles and general conditions for conditionality of financial assistance under the mechanism and its control, in accordance with the procedure referred to in Article 121(6)pt detailed rules for the multilateral surveillance procedure referred to in paragraphs 3 and 4. Article 136(2) shall apply mutatis mutandis.”.
Amendment 10 #
2010/0289(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In July and August 2010, following heavy monsoon rains, devastating floods affected extensive regions of Pakistan, notably the areas of Balochistan, Khyber Pakhtunkhwa, Punjab, Sindh and Gilgit- Baltistan. According to United Nations sources, the flooding affected some 20 million people and 20 per cent of Pakistan's land, equivalent to at least 160,000 square kilometres, and leaving up to 12 million people in need of urgent humanitarian aid. However, the textile producing areas are situated outside the areas hit by the floods and there was no direct damage caused to plant or machinery.
Amendment 11 #
2010/0289(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
Amendment 12 #
2010/0289(COD)
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) In November 2010, serious floods, caused by torrential rains, hit the Veneto Region, in Italy, and in particular the provinces of Vicenza, Verona and Padua, where there is a strong presence and concentration of textile and leather SMEs and industries. Some 293 municipalities were affected over an area of 140 hectares and the floods caused around EUR 1 billion’s worth of direct damage to land, homes, people, factories and machinery in these areas.
Amendment 14 #
2010/0289(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The autonomous trade preferences instrument is not an appropriate way of dealing with and resolving humanitarian emergency situations.
Amendment 15 #
2010/0289(COD)
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) The effects of the application of the trade instrument would only be felt years after the floods and would mostly benefit international exporters and industrial groups in the sector, increasing their profits. Such measures would in no way mitigate the destruction of farmlands, the damage to civilian infrastructure and homes and the population’s dramatic health conditions resulting from the floods.
Amendment 16 #
2010/0289(COD)
Proposal for a regulation
Recital 3 c (new)
Recital 3 c (new)
(3c) The European Union addressed Pakistan’s humanitarian emergency by providing some EUR 150 million in humanitarian aid and the international community as a whole swiftly and effectively supplied Pakistan with EUR 500 million in humanitarian aid.
Amendment 18 #
2010/0289(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) It will be important to use all available appropriate means to support Pakistan's recovery from this emergency and progress towards future development.
Amendment 24 #
2010/0289(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Trade, Growth and World Affairs – Trade Policy as a core component of the EU's 2020 strategy’ (COM(2010)612/4) states that in 2011 the Commission will assess the application of international trade as a standard aid instrument for third countries hit by natural disasters.
Amendment 29 #
2010/0289(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) It is therefore not appropriate to extend autonomous trade preferences to Pakistan by suspending for a limited period of time all tariffs for certain products of export interest to Pakistan. The provision of these trade preferences would not cause any meaningfulhave significant adverse effects on the domestic market of the Union and would not affect, especially on the markets of Member States with a strong presence and concentration of textile and manufacturing sectors, and would negatively affect least developed Members of the World Trade Organisation (WTO) in competition with Pakistan for products in respect of which it is being proposed that customs duties be suspended.
Amendment 33 #
2010/0289(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The suspension of customs duties for Pakistan in respect of the textile and manufacturing sectors would be an unfair and inappropriate measure in the light of the similar floods which have recently hit the Veneto Region and Vicenza, Verona and Padua provinces in Italy, manufacturing areas with a high concentration of textile and leather producers. These events directly hit and flooded not only homes and extensive areas under crops, but also thousands of businesses, laboratories, factories and machines, causing a halt in production, the closure of many production plants and the loss of thousands of jobs. The trade measure involving the suspension of customs duties for Pakistan would cause a further deterioration in the situation of people living in the textile and manufacturing areas of the Veneto Region hit by the floods.
Amendment 34 #
2010/0289(COD)
Proposal for a regulation
Recital 7 b (new)
Recital 7 b (new)
(7b) The Commission has not carried out any impact assessment on the measures to suspend customs duties for Pakistan as regards EU textile and manufacturing products. Such measures would cause direct and serious damage to the EU industry at an extremely critical juncture, characterised by a fall-off in orders, plant closures and steadily rising unemployment.
Amendment 35 #
2010/0289(COD)
Proposal for a regulation
Recital 7 c (new)
Recital 7 c (new)
(7c) Pakistan’s territory is characterised by the presence of high hydro-geological risk levels and has already experienced many floods of a similar magnitude in the past. The problems posed by Pakistan’s territory could be significantly reduced through engineering and environmental operations to make risk areas secure. The proposed trade instrument cannot enable the Pakistani Government to implement the necessary civil and environmental protection work, which would be the only means of ensuring that there is no recurrence of such disasters. The suspension of customs duties would provide benefits only for a few international trade operators.
Amendment 36 #
2010/0289(COD)
Proposal for a regulation
Recital 7 d (new)
Recital 7 d (new)
(7d) Pakistan has a particularly protectionist policy as regards the raw materials for the products listed in Annex 1, and applies heavy duties to exports of such products.
Amendment 37 #
2010/0289(COD)
Proposal for a regulation
Recital 7 e (new)
Recital 7 e (new)
(7e) The suspension of customs duties in respect of the textile and leather sectors would cause serious damage to the equivalent EU manufacturing and industrial sectors, which are already in a state of grave crisis.
Amendment 38 #
2010/0289(COD)
Proposal for a regulation
Recital 7 f (new)
Recital 7 f (new)
(7f) European textile and leather production is based and concentrated in specific manufacturing and industrial areas within only a few Member States. The textile sector is the main economic and social asset of such areas. The harmful economic effects of the suspension of customs duties for Pakistan would hit such areas not only in terms of loss of earnings and increased unemployment, but would also have adverse repercussions on their entire social fabric, worsening situations of social distress resulting from the sector’s economic crisis.
Amendment 41 #
2010/0289(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 42 #
2010/0289(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Humanitarian aid is the most suitable and appropriate instrument for bringing relief to the flood victims in Pakistan and for humanitarian crisis situations in general. The trade instrument is not in this case an effective and appropriate instrument for urgent and efficacious action against the effects of the flooding.
Amendment 43 #
2010/0289(COD)
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
(8b) It would be better if the Commission implemented a strategy to support and revive Europe’s industrial and manufacturing textile sector. The Pakistani flood victims will not be helped by aid being granted to strong global competitors and private industrial groups, which will damage the European textile sector, employment and the European Union’s strategy for growth.
Amendment 44 #
2010/0289(COD)
Proposal for a regulation
Recital 8 c (new)
Recital 8 c (new)
(8c) EU citizens in textile regions look to the EU institutions for protection and strategies for economic revival and development. Granting trade measures to assist the Pakistani textile sector would harm the textile regions of the Union, with economic damage, lack of growth, a drop in orders, rising unemployment and the spread of social unrest as a consequence. Decisions made by the EU institutions to which EU citizens look for protection and development would instead be inflicting economic damage on them.
Amendment 54 #
2010/0289(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 61 #
2010/0289(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to ensure an immediate and sustainable impact on the economic recovery of Pakistan in the aftermath of the floods it is recommended to limit the duration of the trade preferences until 31 December 2013the granting of humanitarian aid is recommended as the better solution.
Amendment 65 #
2010/0289(COD)
Proposal for a regulation
Article 1
Article 1
Amendment 66 #
2010/0289(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Parliament rejects the Commission’s proposal and calls on it to apply the humanitarian aid instrument, increasing its scope, as this would seem in this case to be more suitable and effective in view of the urgent and needy conditions prevailing in the Pakistani humanitarian crisis.
Amendment 67 #
2010/0289(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Amendment 68 #
2010/0289(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 92 #
2010/0289(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Safeguard clause 1. Where a product cited in Annex I and originating in Pakistan is imported on terms which cause, or threaten to cause serious difficulties to a Union producer of like or directly competing products, Common Customs Tariff duties on that product may be reintroduced at any time by the European Commission. The Council, acting by a qualified majority, may reject or amend the Commission's proposal. 2. At the request of a Member State or a national trade association or on the Commission's own initiative, the Commission shall take a formal decision to initiate an investigation within a reasonable period of time. Where the Commission decides to initiate an investigation, it shall publish a notice in the Official Journal of the European Union announcing the investigation. The notice shall provide a summary of the information received, and state that any relevant information should be sent to the Commission. It shall specify the period, which shall not exceed four months from the date of publication of the notice, within which interested parties may make their views known in writing. 3. The Commission shall seek all information it deems necessary and may verify the information received with Pakistan and any other relevant source. It may be assisted by officials of the Member State on whose territory verification might be sought, if that Member State so requests. 4. In examining whether there are serious difficulties, the Commission shall take account, inter alia and where the information is available, of the following factors concerning Community producers: – market share, – production, – stocks, – production capacity, – capacity utilisation, – employment, – imports, – prices. 5. The investigation shall be completed within four months after the publication of the notice referred to in paragraph 2. 6. The Commission shall take a decision within one month of the investigation being concluded, in accordance with the procedure referred to in Article 8(2). This decision shall enter into force one month after its publication in the Official Journal of the European Union. 7. Where exceptional circumstances requiring immediate action make an investigation impossible, the Commission may, after informing the Committee, take any preventive measure which is strictly necessary.
Amendment 93 #
2010/0289(COD)
Proposal for a regulation
Article 9 b (new)
Article 9 b (new)
Revoking the measures If Pakistan adopts measures restricting human rights and workers’ rights, gender equality or religious rights or if it provides terrorist organisations of any kind with backing or support, the Commission shall immediately revoke the measures in this Regulation.
Amendment 116 #
2010/0289(COD)
Proposal for a regulation
Annex 1
Annex 1
Amendment 117 #
2010/0289(COD)
Proposal for a regulation
Annex 1
Annex 1
CN Code Description deleted GLOVES, MITTENS AND MITS, OF LEATHER OR 42032100 COMPOSITION LEATHER, SPECIALLY DESIGNED FORdeleted deleted deleted deleted deleted USE IN SPORTS deleted deleted GLOVES, MITTENS AND MITS, OF LEATHER OR 42032910 COMPOSITION LEATHER, PROTECTIVE FOR ALL TRADES, OTHER THAN SPECIALLY DESIGNED FOR USE IN SPORTS MEN'S AND BOYS' GLOVES, MITTENS AND MITTS, OF LEATHER OR COMPOSITION LEATHER, OTHER THAN 42032991 SPECIALLY DESIGNED FOR USE IN SPORTS, OTHER THAN PROTECTIVE FOR ALL TRADES GLOVES, MITTENS AND MITTS, OF LEATHER OR COMPOSITION LEATHER, OTHER THAN SPECIALLY 42032999 DESIGNED FOR USE IN SPORTS, OTHER THAN PROTECTIVE FOR ALL TRADES, OTHER THAN MEN'S AND BOYS' GLOVES IMPREGNATED, COATED OR COVERED WITH 61161020 RUBBER, KNITTED OR CROCHETED 61161080 MITTENS AND MITTS, IMPREGNATED, COATED OR COVERED WITH PLASTICS OR RUBBER, KNITTED OR CROCHETED, AND GLOVES, IMPREGNATED, COATED OR COVERED WITH PLASTICS, KNITTED OR CROCHETED GLOVES, MITTENS AND MITTS, OF COTTON, KNITTED OR 61169200 CROCHETED GLOVES, MITTENS AND MITTS, OF SYNTHETIC FIBRES, 61169300 KNITTED OR CROCHETED 62160000 GLOVES, MITTENS AND MITTS deleted deleted deleted deleted deleted deleted
Amendment 118 #
2010/0289(COD)
Proposal for a regulation
Annex 1
Annex 1
Amendment 119 #
2010/0289(COD)
Proposal for a regulation
Annex 1
Annex 1
Amendment 120 #
2010/0289(COD)
Proposal for a regulation
Annex 1
Annex 1
CN Code Description FOOTWEAR WITH OUTER SOLES OF RUBBER, PLASTICS OR COMPOSITION LEATHER AND UPPERS OF LEATHER, WITH IN-SOLES OF A LENGTH OF 24 CM OR MORE, WHICH CANNOT BE IDENTIFIED AS MEN'S OR WOMEN'S FOOTWEAR, OTHER THAN SPORTS FOOTWEAR AND 64039993 FOOTWEAR INCORPORATING A PROTECTIVE METAL TOECAP, NOT COVERING THE ANKLE, NOT MADE ON A BASE OR PLATFORM OF WOOD (NOT HAVING AN INNER SOLE), OTHER THAN FOOTWEAR WITH A VAMP MADE OF STRAPS OR WHICH HAS ONE OR SEVERAL PIECES CUT OUT, OTHER THAN SLIPPERS FOOTWEAR WITH OUTER SOLES OF RUBBER, PLASTICS OR COMPOSITION LEATHER AND UPPERS OF LEATHER, WITH IN-SOLES OF A LENGTH OF 24 CM OR MORE, FOR MEN, OTHER THAN SPORTS FOOTWEAR AND FOOTWEAR INCORPORATING A PROTECTIVE METAL TOECAP, NOT 64039996 COVERING THE ANKLE, NOT MADE ON A BASE OR PLATFORM OF WOOD (NOT HAVING AN INNER SOLE), OTHER THAN FOOTWEAR WITH A VAMP MADE OF STRAPS OR WHICH HAS ONE OR SEVERAL PIECES CUT OUT, OTHER THAN SLIPPERS FOOTWEAR WITH OUTER SOLES OF RUBBER, PLASTICS OR COMPOSITION LEATHER AND UPPERS OF LEATHER, WITH IN-SOLES OF A LENGTH OF 24 CM OR MORE, FOR WOMEN, OTHER THAN SPORTS FOOTWEAR AND FOOTWEAR INCORPORATING A PROTECTIVE METAL 64039998 TOECAP, NOT COVERING THE ANKLE, NOT MADE ON A BASE OR PLATFORM OF WOOD (NOT HAVING AN INNER SOLE), OTHER THAN FOOTWEAR WITH A VAMP MADE OF STRAPS OR WHICH HAS ONE OR SEVERAL PIECES CUT OUT, OTHER THAN SLIPPERS deleted deleted deleted deleted deleted deleted
Amendment 30 #
2010/0051(COD)
Proposal for a regulation
Article 8 – paragraph 2a (new)
Article 8 – paragraph 2a (new)
2a. Where a Member State notifies the Commission that it considers a draft measure to exceed the implementing powers provided for in the basic act, the Commission shall review the draft measure in question and shall inform the European Parliament and the Council of the action which it intends to take and of its reasons for doing so.
Amendment 34 #
2009/2178(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas it is desirable that, alongside measures to prevent offences in this area, protection should be provided for consumers who legally make use of products that are covered by protection of intellectual property,
Amendment 98 #
2009/2178(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls for specific legislation providing that private consumers who have legitimately received, for their own private use, reproductions of original products which are covered by protection under intellectual property rights are not required to demonstrate the legitimacy of those reproductions, but that it should be up to interested parties to prove any violation of rules under the protection of intellectual property rights;
Amendment 166 #
2009/0157(COD)
Proposal for a regulation
Article 2 – point i a (new)
Article 2 – point i a (new)
(ia) "habitual residence": the place in which the deceased spent most of their life in the 730 days prior to their death.
Amendment 168 #
2009/0157(COD)
Proposal for a regulation
Article 4
Article 4
Notwithstanding the provisions of this Regulation the courts of the Member State onf whose territoryich the deceased had habitual residencewas a citizen at the time of their death shall be competent to rule in matters of successions. (Horizontal amendment to be applied to the entire text in replacement of the 'habitual residence' criterion)
Amendment 32 #
2009/0054(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. UnlessExcept where the debtor is notexempted from responsibleility for the delay, the creditor shall, in addition to the amounts set out in paragraph 1, be entitled to obtain reasonable compensation from the debtor for all remaining recovery costs incurred through the latter's late payment.
Amendment 33 #
2009/0054(COD)
Proposal for a directive
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. The Member States shall ensure that in cases of debts of less than EUR 10 000 the creditor can bring legal action without any legal assistance being necessary.
Amendment 49 #
2009/0054(COD)
Proposal for a directive
Article 9 – paragraphs 1 and 2
Article 9 – paragraphs 1 and 2
1. Member States shall ensure that an enforceable title can be obtained, through an expedited procedure set up under national law, irrespective of the amount of the debt, within 90 calendar days of the lodging of the creditor's action or application at the court or other competent authority, provided that the debt or aspects of the procedure are not disputed. In this respect, creditors shall be given the possibility to have recourse to a widely accessible telematic claims system. 2. National legislation, regulations and administrative provisions and the telematic claims system referred to in paragraph 1 shall apply the same conditions for all creditors who are established in the Community.
Amendment 51 #
2009/0054(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. The Member States shall also ensure that whenever, following opposition of an enforceable title, that title is declared unenforceable, the decision on the opposition is delivered within 90 calendar days of the opposition being filed.
Amendment 5 #
2008/2184(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the significant negative impact on citizens’ rights of administrative practices which are not in conformity with Community law; draws attention, by way of example, to the proliferation of different ID cards and residence cards within the Member States, which has rendered the exercise by EU citizens of their right of free movement confusing and irksome; points out that, in Spain, in addition to the registration certificate, EU citizens are issued with a Foreigner Identity Number which is necessary in order to work or register with the Spanish social security system, that France has also maintained an ambiguous voluntary residence title additional to the registration certificate issued to Union citizens and that, in Member States such as the Czech Republic, Sweden and Belgium, authorities request additional documents in order to issue residence cards or impose conditions which are not listed in the Directive;
Amendment 6 #
2008/2184(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Believes, bearing in mind that there are specific requirements applying to stays exceeding three months and Community legislation does not lay down any formalities to be completed by EU citizens entering a Member State, that it might be advisable to introduce a system making it possible to ascertain the actual date of commencement of an EU citizen’s residence in a given Member State;
Amendment 7 #
2008/2184(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the transposition of the ‘sufficient resources’ principle within Member States gives rise to confusion among EU citizens as it is often ambiguously defined in the national legislation at all levels; points out that this gives rise to deep concern, for example in relation to Italian legislation which requires EU citizens to prove the authenticity of their sufficient resources;
Amendment 9 #
2008/2184(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that the legal and administrative obstacles affecting third-country family members are extremely problematic; points out that, in breach of the Directive, UK legislation precludes a non-EU family member who has a residence card issued by another country from entering the country without a visa, and that UK administrative practices are such that lengthy delays and extensive documentation in the processing of applications for residence cards for family members who are third-country nationals also constitute significant obstacles to the exercise of free movement rights; draws attention to the fact that, in Estonia, third- country nationals face problems when attempting to enter the country with a residence card issued by another Member State, and that third-country family members applying for visas have been also asked to pay the visa fee; points out that, in Italy, a third-country national citizen who applies for family reunification will be required to show the lawfulness of the origin of his/her economic resources, the amount of which may not be lower than the yearly social allowance;
Amendment 10 #
2008/2184(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recalls that the public policy exceptions cannot be invoked to serve economic ends or to pursue general preventive aims; notes the absence in Estonian and Hungarian legislation of a clear reference to the exclusion of economic ends when imposing an expulsion order and, in Hungarian and Romanian legislation, of any reference to the exclusion of previous criminal convictions and general preventive aims.
Amendment 18 #
2008/2121(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Takes the view that the activity of websites which, without the consent of the rightholders, offering downloading of works and services that are protected by copyright and neighbouring rights is illegal, as is peer-to-peer exchange of works or services without the consent of the rightholders;
Amendment 23 #
2008/2121(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Considers that consumers are entitled to make and utilise private copies of works legally in their possession for which royalties have previously been paid and that their right to do so should be explicitly stated and defined;
Amendment 24 #
2008/2121(INI)
Motion for a resolution
Paragraph 35 b (new)
Paragraph 35 b (new)
35b. Believes that a traceability system should be devised for consumers’ legitimate private copies so as to enable their legality to be certified when the original has been destroyed or lost or has not been presented to public view;
Amendment 4 #
2008/2096(INI)
Motion for a resolution
Recital I
Recital I
Amendment 5 #
2008/2096(INI)
Motion for a resolution
Recital J
Recital J
Amendment 6 #
2008/2096(INI)
Motion for a resolution
Recital K
Recital K
K. whereas after the Lisbon Treaty (or some other treaty in place of the Lisbon Treaty) has entered into force, it willcould be necessary to move on to a new - more complex - alignment of the acquis to the provisions of Article 290 of the Treaty on the functioning of the European Union on delegation of legislation; whereas although the definition of delegated act in the Lisbon Treaty is similar to the concept of "quasi- legislative" measure introduced by the recent Comitology Decision, the two concepts are not identical and the two pertinent procedural regimes are totally different; hence the present alignment exercise cannot be regarded as constituting an exact precedent for the future,
Amendment 8 #
2008/2096(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Requests the Commission to submit, in case the present alignment procedures will not be wound up before the entry into force of the Lisbon Treaty (or some other treaty in place of the Lisbon Treaty), the pertinent legislative proposals in order to adapt the legal acts, that are still not aligned by then, to the new regime provided by Article 290 of the Treaty on the functioning of the European Union;
Amendment 9 #
2008/2096(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Requests the Commission to submit, in any case, after the entry into force of the Lisbon Treaty (or some other treaty in place of the Lisbon Treaty), the pertinent legislative proposals to align the whole of acquis communautaire to this new regime;
Amendment 28 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 11
Recital 11
(11) A first accompanying transitional measure should be that phonogram producers are under an obligation to set aside, at least once a year, at least 20 percent of the net revenues from the exclusive rights of distribution, reproduction and making available of phonograms which, in the absence of the extension of the term of protection as a result of lawful publication or lawful communication, would be in the public domain.
Amendment 38 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 15
Recital 15
(15) A second accompanying transitional measure should be that rights in the fixation of the performance should revert to the performer if a phonogram producer refrains fromno longer offerings for sale in sufficient quantity copies of at least one version of a phonogram which, but for the term extension, would be in the public domain or from makingmakes at least one version of such a phonogram available to the public, the performer may request him to do so, and if the producer does not within a reasonable time agree to fulfil his request, the performer may terminate the assignment of the rights in the fixation of that performance. As a consequence, the rights of the phonogram producer in theat phonogram should expire, in order to avoid a situation in which these rights would coexist with those of the performer in the fixation of the performance whilst the latter rights are no longer transferred or assigned to the phonogram producer.
Amendment 79 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 4 - subparagraph 1
Article 10a – paragraph 4 - subparagraph 1
4. The overall amount to be dedicated by a phonogram producer to payments of the supplementary remuneration referred to in paragraph 3 shall correspond to at least 20 percent of the net revenues which he has derived, during the year preceding that for which the said remuneration is paid, from the reproduction, distribution and making available of those phonograms in regard of which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer and the phonogram producer would be no longer protected on 31 December of the said year.
Amendment 92 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 6 - subparagraph 1
Article 10a – paragraph 6 - subparagraph 1
6. If, after the moment at which, by virtue of Article 3(1) and (2) in their version before the amendment by Directive [//insert: Nr of this amending directive]/EC, the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and the phonogram, the phonogram producer ceases tono longer offers copies of at least one version of the phonogram for sale in sufficient quantity or to make it s available to the public, by wire or wireless means, at least one version of the phonogram, in such a way that members of the public may access ithem from a place and at a time individually chosen by them, the performer may terminate the contract or transfer the assignmentrequest to the producer to do so, and if the producer does not within a reasonable time agree to fulfil his request , the performer may terminate the assignment of rights in that phonogram. Where a phonogram contains the fixation of the performances of a plurality of performers, they may terminate their contracts on transfer or assignment only jointly. If the contract on transfer or assignment is terminated pursuant to sentences 1 and 2, the rights of the phonogram producer in theat phonogram shall expire.
Amendment 154 #
2008/0028(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) by suggesting inby the name, the appearance, the description or pictorial representations the presence of a particular food or an ingredient, while in reality a component naturally present or an ingredient normally used in that food has been substituted with a different component or a different ingredient.
Amendment 277 #
2008/0028(COD)
Proposal for a regulation
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
6a. Operators in the catering sector and anyone administering food products shall inform consumers where the product intended for consumption is a GMO product and/or contains derivatives and substances that may be classified as GMOs within the meaning of Regulation(EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003, concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC1. 1 OJ L 268, 18.10.2003, p. 23.
Amendment 278 #
2008/0028(COD)
Proposal for a regulation
Article 8 – paragraph 6 b (new)
Article 8 – paragraph 6 b (new)
6b. Operators in the catering sector shall also be required to inform consumers wherever the product intended for consumption, or a part thereof, has been prepared with frozen or deep-frozen components.
Amendment 279 #
2008/0028(COD)
Proposal for a regulation
Article 8 – paragraph 6 c (new)
Article 8 – paragraph 6 c (new)
6c. As from 1 January 2010 the provisions of Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/971shall apply to all farmed meats and meat-based product. 1 OJ L 204, 11.8.2000, p. 1.
Amendment 3 #
2007/2266(REG)
Parliament's Rules of Procedure
Rule 121 - paragraph 3 a (new)
Rule 121 - paragraph 3 a (new)
3a. The President shall submit observations or intervene on behalf of Parliament in cases before the Community courts, after consulting the committee responsible. If the President intends to depart from the opinion of the committee responsible, he shall inform the Conference of Presidents. Where the Conference of Presidents takes the view that it is not necessary to submit observations or intervene before the Court of Justice in a case concerning the validity of an act adopted jointly by Parliament and the Council, the matter shall be submitted to plenary without delay. The President may, after consulting the standing rapporteur for contentious matters of the committee responsible, act provisionally, where this is necessary, in order to comply with the deadlines required by the Court of Justice. In this case, the procedure provided for in this paragraph shall be implemented at the earliest opportunity.
Amendment 42 #
2007/0236(CNS)
Article 1 − point 1
Framework Decision 2002/475/JHA
Article 3 − paragraph 2 − point (d)
Article 3 − paragraph 2 − point (d)
(d) aggravated theft with a view to committing ny crime, the proceeds of which are intended to finance terrorist organisationes of the acts listed in Article 1(1)r activities;
Amendment 43 #
2007/0236(CNS)
Article 1 − point 1
Framework Decision 2002/475/JHA
Article 3 − paragraph 2 − point (d)
Article 3 − paragraph 2 − point (d)
(d) aggravated theft and/or robbery with a view to committing one of the acts listed in Article 1(1);
Amendment 49 #
2007/0022(COD)
Proposal for a directive
Article 3 – introductory part
Article 3 – introductory part
Member States shall ensure that the following conduct constitutes a criminal offence, when committed intentionally or with at least serious negligencefault:
Amendment 72 #
2007/0022(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 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 31 #
2005/0254(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) European regulation of origin marking is felt by European citizens to be closely linked with protection of their health and safety. Detailed and precise indication of the origin of products sold in the Union would make it possible immediately to identify products of doubtful quality potentially harmful to consumers.
Amendment 33 #
2005/0254(COD)
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) European rules on origin marking would strengthen the competitiveness of European firms and of the European economy as a whole by enabling citizens and consumers knowingly and confidently to choose the excellence and high quality standards typical of products produced in the European Union Member States.
Amendment 42 #
2005/0254(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The ability to trace the materials and processes used in the manufacture of a finished product placed on sale in the Union enables consumers to make a free and informed choice, protecting them from misleading information and unfair commercial practices which may have clear and harmful effects on the Union's economy and the health of European citizens.
Amendment 46 #
2005/0254(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The excellence craft and industrial SME and their satellite industries in the Member States of the Union is suffering ever increasing economic damage because of the lack of clear and transparent indication of the origin of products and the non-traceability of production processes. Clear origin marking would help to limit the economic damage caused by the worst aspects of globalisation and relocation, which are having direct, unmistakable and ever increasing effects in terms of job losses in the Union.
Amendment 47 #
2005/0254(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Rules on origin marking also provide effective protection against counterfeiting and unfair competition, thereby enhancing the effectiveness of Council Regulation (EC) No 1383/2003 of 22 July 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights1 (anti- counterfeiting regulation) providing a further important instrument to protect and enhance European production. ________ 1 OJ L 196, 2.8.2003, p. 7.
Amendment 49 #
2005/0254(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The European Community’s non- preferential rules of origin aredrawing up of European rules on origin marking is even more vital in the case of composite products and manufacturing processes where citizens and consumers are entitled to be clearly informed of the origin of individual materials used in the product and the locations where the individual production stages have been carried out. An effective and clearly defined legal standard needs to be established for identifying the country of origin in the case of composite products and materials used in manufacturing processes. The non- preferential rules of origin laid down in Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code1 and its implementing provisions in Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisiondetailed rules for the implementapplication of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code. It is preferable to rely on these rules of origin to2 are insufficient for determineing the actual origin of imported goods for the purpose of this regulation. Using a concept with which trade operators and administrations are well acquainted should ease its introduction and implementation. Non-preferential rules of origin should be applied for all non- preferential commproducts in the light of developments in commercial processes for obtaining and processing matercial policy purposes. The duplication of declarations and documentation should avoideds. __________ 1 OJ L 302, 19.1.1992, p. 1. 2 OJ L 253, 11.10.1993, p. 1.
Amendment 62 #
2005/0254(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a The marking may not appear in characters other than those of the Latin alphabet for products marketed in countries where the language is written in that alphabet.
Amendment 65 #
2005/0254(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a With regard to the import of products which have undergone several processings in different countries or which consist of materials originating in different countries, the Commission shall adopt implementing measures in accordance with the procedure referred to in Article 6(2), so that it is possible to identify clearly and specifically the composite origin of the product both as regards individual materials and individual manufacturing processes.
Amendment 71 #
2005/0254(COD)
Proposal for a regulation
Annex
Annex
The products on which this Regulation is to apply are identified by their CN codes. 4104 41 / 4104 49 / 4105 30 / 4106 22 / 4106 32 / 4106 40 / 4106 92 / da 4107 a 4114 / 4302 13 / ex 4302 19 (35, 80) 4008 21 / 4008 11 / 4005 99 / 4204 / 4302 30 (25, 31) 8308 10(00) / 8308 90(00) / 9401 90 / 9403 90 4201 / 4202 / 4203 / 4204/ 4205 / 4206 4303 / 4304 Ch 50 – 63 6401 / 6402 / 6403 / 6404 / 6405 / 6406 6907 / 6908 / 6911 / 6912 / 6913 / 691490100 7013 21 11 / 7013 21 19 / 7013 21 91 / 7013 21 99 / 7013 31 10 / 7013 31 90 / 7013 91 10 / 7013 91 90 7113/7114/7115/711 6 Chapter 94 9603 4104 41 / 4104 49 / 4105 30 / 4106 22 / 4106 32 / 4106 40 / 4106 92 / da 4107 a 4114 / 4302 13 / ex 4302 19 (35, 80) 4008 21 / 4008 11 / 4005 99 / 4204 / 4302 30 (25, 31) 8308 10(00) / 8308 90(00) / 9401 90 / 9403 90is Regulation applies to all goods and products covered by CN codes used to identify goods imported into the European Union. Crust & Finished Leather Heels, Soles, Bands, Parts, synthetics, others Saddlery and harness, travel goods, handbags and similar containers, articles of animal gut (other than silkworm gut) Articles of apparel, clothing accessories and other articles of furskin, artificial fur and articles thereof Textiles and textile articles Footwear, gaiters and the like Ceramic products Glassware of kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than headings 7010 or 7018) of lead crystal . Articles of jewellery and parts thereof, of precious metal or of metal clad with precious metal, Articles of goldsmiths' or silversmiths' wares and parts thereof, of precious metal or of metal clad with precious, Other articles of precious metal clad with precious metal, Articles of natural or cultured pearls, precious or semi- precious stones (natural, synthetic or reconstructed) Ch. Furniture, bedding, mattresses, cushions, lamps and lighting fittings, illuminated signs and the like, prefabricate buildings. Brooms, brushes (including brushes constituting parts of machines, appliances or vehicles), hand- operated mechanical floor sweepers, not motorised, mops and feather dusters; prepared knots and tufts for broom or brush making; paint pads and rollers; squeegees (other than roller squeegees) Crust & Finished Leather Heels, Soles, Bands, Parts, synthetics, others
Amendment 73 #
Amendment 74 #
2005/0254(COD)
Proposal for a regulation
Annex – row -1 b (new)
Annex – row -1 b (new)
Chapter 32 Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks
Amendment 80 #
2005/0254(COD)
Proposal for a regulation
Annex - row 9 a (new)
Annex - row 9 a (new)
Amendment 81 #
2005/0254(COD)
Proposal for a regulation
Annex - row 9 b (new)
Annex - row 9 b (new)
9018 Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight- testing instruments 9019 Mechano-therapy appliances; massage apparatus; psychological aptitude-testing apparatus; ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus 9021 Orthopaedic appliances, including crutches, surgical belts and trusses; splints and other fracture appliances; artificial parts of the body; hearing aids and other appliances which are worn or carried, or implanted in the body, to compensate for a defect or disability 9022 Apparatus based on the use of X- rays or of alpha, beta or gamma radiations, whether or not for medical, surgical, dental or veterinary uses, including radiography or radiotherapy apparatus, X-ray tubes and other X- ray generators, high tension generators, control panels and desks, screens, examination or treatment tables, chairs and the like
Amendment 82 #
2005/0254(COD)
Proposal for a regulation
Annex - row 10 a (new)
Annex - row 10 a (new)
Chapter 95 Toys, games and sports requisites; parts and accessories thereof