Amelia ANDERSDOTTER
Constituencies
-
Sweden
Piratpartiet
2011/12/01 - 9999/12/31
Groups
-
Verts/ALE
Member
Group of the Greens/European Free Alliance
2011/12/01 - 9999/12/31
Committees
| Role | Committee | Start | End |
|---|---|---|---|
| Member of | Committee on Industry, Research and Energy | 2012/01/19 | 9999/12/31 |
| Substitute of | Committee on International Trade | 2012/01/19 | 9999/12/31 |
| Substitute of | Committee on Budgetary Control | 2012/01/24 | 9999/12/31 |
Show earlier commitees...
Delegations
| Role | Delegation | Start | End |
|---|---|---|---|
| Member of | Delegation for relations with the Korean Peninsula | 2011/12/14 | 9999/12/31 |
| Substitute of | Delegation for relations with the countries of the Andean Community | 2012/02/06 | 9999/12/31 |
Contact
Online
- Homepage
- http://ameliaandersdotter.eu/
- http://twitter.com/teirdes
- [javascript protected email address]
Brussels
- Phone
- +322 28 45922
- Fax
- +322 28 49922
- Office
- Bât. Altiero Spinelli 06E264
- Full Address
-
- City
- Bruxelles/Brussel
- Zip
- B-1047
- Street
- 60, rue Wiertz / Wiertzstraat 60
Strasbourg
- Phone
- +333 88 1 75922
- Fax
- +333 88 1 79922
- Office
- Bât. Louise Weiss T05054
- Full Address
-
- City
- Strasbourg
- Zip
- CS 91024 - F-67070
- Street
- 1, avenue du Président Robert Schuman
Postal
- Europaparlamentet
- Rue Wiertz
- Altiero Spinelli 06E264
- B-1047 Bryssel
Rapporteur
| Shadow | 2013/2053(INI) | Opinion on the evaluation report regarding BEREC and the Office |
| Responsible | 2013/0064(COD) | Space surveillance and tracking support programme 2014-2020 |
| Shadow | 2012/2114(INI) | Financing EU SMEs' trade and investment: facilitated access to credit in support of internationalisation |
| Opinion | 2012/2094(INI) | Digital Freedom Strategy in EU Foreign Policy |
| Shadow | 2012/0146(COD) | Electronic transactions in the internal market: electronic identification and trust services |
| Shadow | 2011/0430(COD) | Reuse of public sector information |
| Shadow | 2011/0299(COD) | Trans-European telecommunications networks: guidelines |
| Opinion | 2011/0167(NLE) | EU/Australia, Canada, Japan, Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and United States Anti-Counterfeiting Trade Agreement (ACTA) |
Born
1987/08/30 UppsalaAmendments
| Amendments | Dossier |
| 2 |
2011/0276(COD) Structural instruments: common provisions for ERDF, ESF, Cohesion Fund, EAFRD and EMFF; general provisions applicable to ERDF, ESF and Cohesion Fund
2012/08/06
REGI
2 amendments...
Amendment 1962 #
Proposal for a regulation Annex -I (new) – Part 2 – Section 2.2 – Paragraph 2.2.4 2.2.4 Downstream actions must provide the means to exploit and diffuse R&I results, stemming from Horizon 2020, into the market and into the wider research community, and may include: pilot plants and demonstration sites, proof of concept and early stage financing, incubation facilities, applied research, specific industrial and technology transfer capabilities and cluster support. (Changes to 2.2.4)
Amendment 1963 #
Proposal for a regulation Annex -I (new) – Part 2 – Section 2.2 – Paragraph 2.2.5 2.2.5 Joint support must be provided to national and regional authorities for the design and implementation of such innovation strategies, which may include: support to identify opportunities for joint financing of R&I infrastructures of European interest, the promotion of international collaboration, methodological support through peer reviews, open access strategies for publications and research data, exchange of good practice, and training across regions. (Changes to 2.2.5)
source: PE-491.163
|
| 44 |
2011/0299(COD) Trans-European telecommunications networks: guidelines
2012/07/16
ITRE
44 amendments...
Amendment 48 #
Proposal for a regulation Recital 3 (3) On 17 June 2010, the European Council endorsed the Digital Agenda for Europe and called upon all institutions to engage in its full implementation. The Digital Agenda aim
Amendment 57 #
Proposal for a regulation Recital 4 (4) The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions -European Broadband: investing in digitally driven growth concludes that the critical role of the internet means that the benefits for society as a whole appear to be much greater than the private incentives to invest in faster networks. Public support for this area is therefore necessary,
Amendment 85 #
Proposal for a regulation Recital 12 b (new) (12 b) The combination of new opportunities in infrastructure and new, innovatory and interoperable services should set in motion a virtuous circle by stimulating increasing demand for high- speed broadband to which, in commercial terms, it would be advisable to respond.
Amendment 89 #
Proposal for a regulation Recital 14 a (new) (14 a) There is a need to gather information and statistical data on the public works which are likely to be used, partly or completely, to install new- generation networks, and to set up a database for monitoring these works and the creation of a European register of telecommunications networks, where possible supplemented by similar information on energy and transport networks.
Amendment 96 #
Proposal for a regulation Recital 19 (19) In the area of safety and security,
Amendment 107 #
Proposal for a regulation Recital 22 (22) The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant
Amendment 124 #
Proposal for a regulation Article 3 – paragraph 1 – point 1 1.
Amendment 125 #
Proposal for a regulation Article 3 – paragraph 1 – point 2 2.
Amendment 130 #
Proposal for a regulation Article 3 – paragraph 1 – point 3 3. ‘
Amendment 133 #
Proposal for a regulation Article 3 – paragraph 1 – point 3 a (new) 3 a.‘Digital services’: means services delivered digitally on an infrastructure, normally over the internet.
Amendment 134 #
Proposal for a regulation Article 3 – paragraph 1 – point 3 b (new) 3 b. ‘active infrastructure’: means infrastructures which generate or handle signals with the help of passive infrastructure.
Amendment 135 #
Proposal for a regulation Article 3 – paragraph 1 – point 3 c (new) 3 c. ‘passive infrastructure’: means masts, canalization, fibre, buildings or other facilities which do not handle or generate signals.
Amendment 136 #
Proposal for a regulation Article 3 – paragraph 1 – point 3 d (new) 3 d. ‘information infrastructure’: means active infrastructure created specifically for the purpose of handling digital services.
Amendment 137 #
Proposal for a regulation Article 3 – paragraph 1 – point 3 e (new) 3 e. ‘Open networks’ means networks designed to enable wholesale access to the broadband infrastructure for all electronic communications operators on equal and non-discriminatory conditions that enable wholesale access takers to deliver any services of their choice and compete with the operator owning or managing the network, thereby strengthening choice and competition for end users. Wholesale access shall be priced in a manner which reconciles economic viability for the investor, prevents margin-squeeze, and ensures maximum take-up by users.
Amendment 141 #
Proposal for a regulation Article 4 – paragraph 1 – point a (a) the deployment of
Amendment 145 #
Proposal for a regulation Article 4 – paragraph 1 – point b (b) if the
Amendment 154 #
Proposal for a regulation Article 4 – paragraph 1 – point d (d) actions allowing to achieve coordinated synergies and interoperability between different projects of common interest in the field of Telecommunications, between projects of common interest concerning different types of infrastructures, including Transport and Energy, between project of common interest in the field of Telecommunications and projects supported by the Structural and Cohesion funds, as well as relevant research infrastructures, and between projects of common interest in the field of telecommunications and existing and planned infrastructures including in Transport and Energy.
Amendment 158 #
Proposal for a regulation Article 4 – paragraph 1 – point d a (new) (d a) actions proposing the best ratio between state-of-the-art technologies in terms of data flow capacity, transmission security, network resilience, and cost efficiency.
Amendment 161 #
Proposal for a regulation Article 4 – paragraph 1 – point d c (new) (d c) measures to stimulate demand for increasing speeds both by developing and providing innovative, interoperable digital services and by improving accessibility by means of an increase in the digital competence of disadvantaged groups, thus ensuring that all EU citizens can benefit from such projects of common interest.
Amendment 162 #
Proposal for a regulation Article 5 – paragraph 1 1. Projects of common interest set out in the Annex shall contribute to the achievement of the objectives set out in Article 2, respond to the priorities set out in Article 3, be based on mature technology ready for deployment and demonstrate European added value.
Amendment 180 #
Proposal for a regulation Article 5 – paragraph 7 – point b Amendment 183 #
Proposal for a regulation Article 5 – paragraph 8 – point a (a) contributes to the achievement of the objectives set out in Article 2 and correspond to the priorities set out in Article 3;
Amendment 197 #
Proposal for a regulation Article 8 – paragraph 5 5. A delegated act adopted pursuant to Article 5(6) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of
Amendment 204 #
Proposal for a regulation Annex 1 – section 1 – point a (a) Innovative management, mapping & services. Technical assistance measures, where necessary for deployment and governance, shall include project and investment planning and feasibility studies, in support of investment measures and financial instruments. Mapping of pan- European broadband infrastructure together with the mapping of existing and planned infrastructures, including in Transport and Energy, will develop an on- going detailed physical surveying and documentation of relevant sites, analysis of rights of way, assessments of potential for upgrading existing facilities, etc. It should follow the principles of the Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community(INSPIRE
Amendment 205 #
Proposal for a regulation Annex 1 – section 1 – point a – paragraph 2 These actions
Amendment 226 #
Proposal for a regulation Annex 1 – section 2 – paragraph 8 Actions contributing to the project of common interest in the field of broadband networks shall co
Amendment 228 #
Proposal for a regulation Annex 1 – section 2 – paragraph 9 – introductory part Actions contributing to the project of common interest in the area of broadband networks,
Amendment 229 #
Proposal for a regulation Annex 1 – section 2 – paragraph 9 – point a (a) Support investments in broadband networks capable of achieving
Amendment 236 #
Proposal for a regulation Annex 1 – section 2 – paragraph 9 – point b Amendment 245 #
Proposal for a regulation Annex 1 – section 2 – paragraph 10 – introductory part and shall consist in particular of
Amendment 246 #
Proposal for a regulation Annex 1 – section 2 – paragraph 10 – point a (a) The deployment of passive physical
Amendment 247 #
Proposal for a regulation Annex 1 – section 2 – paragraph 10 – point a a (new) (a a) the deployment of combined passive and active physical infrastructure and ancillary infrastructure elements, complete with services necessary to operate such infrastructure;
Amendment 251 #
Proposal for a regulation Annex 1 – section 2 – paragraph 13 – introductory part Beneficiaries of EU support for the project of common interest in the area of broadband
Amendment 252 #
Proposal for a regulation Annex 1 – section 2 – paragraph 13 – point a (a) Telecom operators
Amendment 255 #
Proposal for a regulation Annex 1 – section 2 – paragraph 13 – point b (b) Utility companies (e.g. water, sewage, energy, transport)
Amendment 282 #
Proposal for a regulation Annex 1 – section 3 – paragraph 20 The support will provide integrated and interoperable services at European level, based on
Amendment 283 #
Proposal for a regulation Annex 1 – section 3 – paragraph 21 Amendment 284 #
Proposal for a regulation Annex 1 – section 3 – paragraph 22 Amendment 285 #
Proposal for a regulation Annex 1 – section 3 – paragraph 22 – point a Amendment 286 #
Proposal for a regulation Annex 1 – section 3 – paragraph 22 – point b Amendment 287 #
Proposal for a regulation Annex 1 – section 3 – paragraph 22 – point c Amendment 288 #
Proposal for a regulation Annex 1 – section 3 – paragraph 22 – point d Amendment 289 #
Proposal for a regulation Annex 1 – section 3 – paragraph 22 – point e source: PE-494.476
|
| 14 |
2011/0302(COD) Connecting Europe Facility
2012/10/10
TRAN, ITRE
9 amendments...
Amendment 164 #
Proposal for a regulation Recital 19 (19) Telecommunications are increasingly becoming internet-based infrastructures, with broadband networks
Amendment 174 #
Proposal for a regulation Recital 22 a (new) (22 a) In its Resolution of the 5th of May 2010, the European Parliament called for both open source investments as well as particular attention targeting the construction of Gbps networks for European research institutions and universities, and the affordable access to ultrafast connections by small and medium-sized enterprises;
Amendment 177 #
Proposal for a regulation Recital 24 (24) It is necessary to develop strong and coherent EU-wide networks for the digital delivery of public-good actions, involving both public and civil society actors at national and regional level, and to this end it is essential to ensure the structured EU financing of the costs of the system and software design, as well as maintenance of a resilient hub for such networks, leaving only in-country costs for national operator budgets. Particular priority should be given to ensuring that all publicly financed systems and software designs get disseminated in the form of open, accessible standards which are easily obtained and used by all society actors, including not-for-profit actors, and that code resulting from public investments is always made available as open source to the public;
Amendment 180 #
Proposal for a regulation Recital 26 a (new) (26 a) In the application of financial instruments for the aim of creating trans- European core services, particular priority should be given to ensuring services being based on open, accessible standards which are easily reviewed, obtained and used by all society actors and where the standard development process is open, transparent and inclusive for as many stakeholders as are interested, including not-for-profit actors, and that source code resulting from public investments in core service applications is always made openly available to the public;
Amendment 181 #
Proposal for a regulation Recital 27 (27) Ensuring cross-border interoperability in the deployment of large scale infrastructure projects, in particular at the level of core services, may require simultaneous procurement and installation of equipment by the Commission, Member State and/or their beneficiaries. To facilitate the fulfilment of the interoperability requirement, preference should be given to solutions implementing open, transparent standards provided on royalty-free basis. In such cases, Union financial aid may need to be allocated to procurements executed by infrastructure providers in Member States, either on their own behalf or in cooperation with the Commission. Provisions also enable multiple sourcing, which may be needed, inter alia, to provide for multi-
Amendment 183 #
Proposal for a regulation Recital 28 (28) Generic services in areas of public interest (as core services) are often affected by a strong degree of market failures. Indeed, the areas to be funded relate to public service delivery (eHealth, eIdentity, eProcurement large scale deployment and interoperability) hence not commercial by definition at a starting level. In addition, if only core services are funded, the challenge would be to create the right incentives at Member State and regional level to actually deploy services of public interest: this is due particularly to lack of incentive at national level to link national systems to the core systems (hence develop conditions for interoperability and cross- border services) as well as to the fact that private investors would not alone ensure service deployment within interoperable frameworks. Before implementing large, new investments, there should however be careful consideration given to the open source solutions already implemented in a wide range of constituencies around Europe, and the potential for spreading them to other constituencies.
Amendment 204 #
Proposal for a regulation Recital 38 (38) While most financial instruments should be common for all sectors, some may be specific for individual sectors. Commission services estimate that while the financial support for broadband networks would primarily rely on financial instruments, for transport and energy the volume of Union budgetary resources required for financial instruments should not exceed EUR 2 billion and EUR 1 billion respectively.
Amendment 327 #
Proposal for a regulation Article 4 – paragraph 1 – point c – point i (i) accelerating the deployment of fast and ultrafast broadband networks and their uptake, including by small and medium sized enterprises (SMEs),
Amendment 475 #
Proposal for a regulation Article 10 – paragraph 4 – point a (a) actions in the field of broadband networks: the amount of Union financial aid shall
source: PE-496.337
2012/10/17
TRAN, ITRE
5 amendments...
Amendment 736 #
Proposal for a regulation Annex – Part III - Point b - introductory part Intervention in the field of broadband shall contribute to smart and inclusive growth through building a balanced and geographically diversified portfolio of broadband projects,
Amendment 738 #
Proposal for a regulation Annex – Part III - Point b - row 2 - paragraph 1 The intervention in the field of broadband Investments in broadband networks networks shall include: capable of achieving the
Amendment 740 #
Proposal for a regulation Annex – Part III - Point b - row 2 - paragraph 2 The intervention in the field of broadband Investments in broadband networks networks shall include: capable of achieving the
Amendment 742 #
Proposal for a regulation Annex – Part III - Point c - row 4 Enabling access to public sector
Amendment 743 #
Proposal for a regulation Annex – Part III - Point c - row 5 Safety and security Shared computing facilities
source: PE-497.891
|
| 4 |
2011/0308(COD) Company law: annual financial statements, consolidated financial statements and related reports of certain types of undertakings
2012/04/06
INTA
4 amendments...
Amendment 28 #
Proposal for a directive Recital 33 (33) The reports should serve to facilitate governments of
Amendment 31 #
Proposal for a directive Article 36 – paragraph 1 – point 1 1. ‘Undertaking
Amendment 34 #
Proposal for a directive Article 36 – paragraph 1 – point 4 a (new) 4a. "Constituent entities" means those subsidiaries, associates, joint ventures, permanent establishments and other trading arrangements that shall in whole or in part be considered members of the Undertaking to the extent that they are consolidated in the annual financial statements of that Undertaking.
Amendment 35 #
Proposal for a directive Article 37 – paragraph 1 1. Member States shall require large undertakings and all public interest entities
source: PE-491.073
|
| 1 |
2011/0384(COD) European Institute of Innovation and Technology 2014-2020
2012/10/07
ITRE
1 amendments...
Amendment 69 #
Proposal for a regulation Recital 4 (4) The rules concerning the dissemination of results through open access, licensing and management of intellectual property rights are defined in the Rules for Participation.
source: PE-492.618
|
| 2 |
2011/0387(COD) European Institute of Innovation and Technology (EIT): strategic innovation agenda 2014-2020
2012/06/29
ITRE
2 amendments...
Amendment 53 #
Proposal for a decision Annex – part 1 – point 1.1 – paragraph 3 A genuine change in our innovation systems and paradigms is therefore necessary. Still too often, excellence in higher education, research and innovation, while clearly existing across the EU, remains fragmented. Europe needs to overcome this lack of strategic co- operation across boundaries – countries, sectors and disciplines. Moreover, Europe
Amendment 71 #
Proposal for a decision Annex – part 1 – point 1.2 – paragraph 1 – point 4 a (new) Creating sustainable solutions for the dissemination and adoption of new technologies with end-consumers, citizen and society at large: EIT takes particular care that the incentivising of new research and innovation accommodate for special needs in different entrepreneurial spaces. In order to achieve this aim the EIT shall ensure that in each sector, the management of intellectual property rights ensure that competitive conditions are maintained, especially for sectors where market entrance barriers are typically low. This applies in particular to the ICT and digital infrastructure services.
source: PE-492.619
|
| 33 |
2011/0399(COD) Horizon 2020 - Framework Programme for Research and Innovation 2014-2020: rules for participation and dissemination
2012/02/07
ITRE
13 amendments...
Amendment 166 #
Proposal for a regulation Recital 19 (19) Rules governing the exploitation and dissemination of results should be laid down to ensure that the participants protect, exploit and disseminate those results as appropriate, in particular
Amendment 170 #
Proposal for a regulation Recital 19 a (new) (19a) All research and innovation builds on the capacity of scientists, research institutions, businesses and citizens to openly access share and use scientific information. To increase the circulation and exploitation of knowledge, free open online access to scientific publications, already embraced in the Seventh Framework Programme, should be the general principle for scientific publications which receive public funding from Horizon 2020. Furthermore, Horizon 2020 should initiate the practice of open access to scientific data produced or collected by publicly funded research aiming at open access to such data becoming the general rule by 2020.
Amendment 172 #
Proposal for a regulation Recital 19 b (new) (19b) Additional exploitation and dissemination conditions should be laid down for results concerning technologies with potential for tackling major societal challenges, for example the development into a novel medical technology (e.g. drug, diagnostic or vaccine) or technologies for fighting climate change.
Amendment 174 #
Proposal for a regulation Recital 19 c (new) (19c) In the process of selection of proposals, the criterion of impact should include the potential extent of dissemination and public availability of research results and data, assigning priority to projects potentially entailing a wider dissemination and exploitation of results.
Amendment 195 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 (7) 'dissemination
Amendment 203 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 a (new) (7a) 'exploit/exploitation' means the direct use of results for developing, creating and marketing a product or process, or for creating and providing a service;
Amendment 204 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 b (new) (7b) 'fair and reasonable conditions' means terms, including royalty-free conditions, which take into account the specific circumstances of the request for access and/or the scope, duration or other characteristics of the use envisaged;
Amendment 233 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 1 – point a (a) the information concerned is relevant to public policy objectives and the promotion of public interest;
Amendment 236 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 2 In actions under the activit
Amendment 280 #
Proposal for a regulation Article 12 – paragraph 1 1. Where appropriate, proposals shall include a draft plan for the exploitation
Amendment 284 #
Proposal for a regulation Article 12 – paragraph 1 a (new) 1a. Any proposal for research with the potential for further development into a novel medical technology (e.g. drugs, vaccines, medical diagnostics) shall include a draft plan specifying a strategy to guarantee the immediate and widest possible access to this technology, where lack of access to the technology would pose a threat to the protection of public health.
Amendment 315 #
Proposal for a regulation Article 14 – paragraph 2 a (new) 2a. The criterion of impact shall include the potential extent of dissemination and public availability of research results and data, assigning priority to projects potentially entailing a wider dissemination and exploitation of results.
Amendment 360 #
Proposal for a regulation Article 16 – paragraph 4 a (new) 4a. When research is conducted in a field relevant to the preservation of public health, the grant agreement shall contain provisions that foster accessibility of the results through socially responsible licensing strategies.
source: PE-492.762
2012/03/07
ITRE
20 amendments...
Amendment 629 #
Proposal for a regulation Article 38 – paragraph 2 – subparagraph 2 – introductory part Unless otherwise agreed in the joint ownership agreement, each joint owner shall be entitled to grant non-exclusive licences to third parties to exploit the jointly owned results,
Amendment 634 #
Proposal for a regulation Article 38 – paragraph 2 – subparagraph 2 – point b (b)
Amendment 637 #
Proposal for a regulation Article 39 – paragraph 1 1. Where results are capable of commercial or industrial application, the participant owning these results
Amendment 639 #
Proposal for a regulation Article 39 – paragraph 2 – subparagraph 1 2. Where a participant that has received Union funding intends not to protect results generated by it
Amendment 643 #
Proposal for a regulation Article 39 – paragraph 2 – subparagraph 2 The participant may refuse consent only if it demonstrates that its legitimate interests would suffer significant harm. No dissemination relating to these results may take place until the Commission or the funding body has taken a decision
Amendment 646 #
Proposal for a regulation Article 39 – paragraph 3 3. Where a participant that has received Union funding intends to abandon the protection of results or not to seek extension of such protection
Amendment 652 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 1 2. Subject to any restrictions due to the protection of intellectual property, security rules or legitimate commercial interests, each participant shall through appropriate means disseminate the results it owns as soon as possible. The grant agreement may lay down time-limits in this respect. In the field of major societal challenges (health, climate, biodiversity), licensing of results to third parties shall by default take place on non- exclusive terms so as to enable immediate competition and thereby to foster global accessibility.
Amendment 657 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 3 With regard to dissemination through research publications, open access shall apply as default policy with the aim of free of charge, on-line public access to Union funded research publications as soon as possible, and in any event within six months of publication, in a peer- reviewed scientific journal and under the terms and conditions laid down in the grant agreement. With regard to dissemination of other results, including research data, the grant agreement
Amendment 663 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 3 a (new) Proposals shall contain a management and sharing plan of data and other results to ensure that they are made available as widely and freely as possible, while acknowledging the possible need for a limited period of exclusive use of the research results.
Amendment 667 #
Proposal for a regulation Article 40 – paragraph 2 – subparagraph 4 Prior notice of any dissemination activity shall be given to the other participants. Following notification, a participant may object if it demonstrates that its legitimate interests in relation to its results or background would suffer significant harm by the intended dissemination. In such cases, the dissemination activity may not take place unless appropriate steps are taken to safeguard these legitimate interests. The grant agreement
Amendment 681 #
Proposal for a regulation Article 41 – paragraph 1 – subparagraph 3 Following notification, a participant may object to the transfer of ownership if it demonstrates that the intended transfer would adversely affect the exercise of its access rights. In such case, the transfer may not take place until agreement has been reached between the participants concerned. The grant agreement
Amendment 685 #
Proposal for a regulation Article 41 – paragraph 2 2. Provided that any access rights to the results can be exercised and that any additional exploitation obligations are complied with, the participant who owns results may grant licences or otherwise give the right to exploit them to any legal entity
Amendment 691 #
Proposal for a regulation Article 41 – paragraph 3 – subparagraph 1 3. With regard to results which are generated by participants that have received Union funding, the Commission or funding body may object to transfers of ownership or to grants of an exclusive licence, to third parties established within the Union or in a third country not associated to Horizon 2020, if it considers that the grant or transfer is not in accordance with the interests of developing the competitiveness of the Union economy or is inconsistent with ethical principles or security considerations.
Amendment 701 #
Proposal for a regulation Article 43 – paragraph 2 Amendment 705 #
Proposal for a regulation Article 44 – paragraph 1 – subparagraph 1 1. A participant shall enjoy access rights to the results of another participant in the same
Amendment 726 #
Proposal for a regulation Article 46 – paragraph 1 – subparagraph 1 1. The Union institutions and bodies shall, for the purpose of developing, implementing and monitoring Union policies or programmes, enjoy access rights to the results of a participant that has received Union funding.
Amendment 740 #
Proposal for a regulation Article 47 – paragraph 3 3. In the case of ERC frontier research actions, or research actions that address a societal challenge the grant agreement
Amendment 742 #
Proposal for a regulation Article 47 – paragraph 3 a (new) 3a. In case of innovation that is highly relevant to developing countries' needs, including in the field of global health, the Commission shall include in the grant agreement licensing conditions to improve access and affordability of biomedical products in developing countries by means of 'humanitarian use licensing conditions'.
Amendment 747 #
Proposal for a regulation Article 48 – paragraph 1 a (new) Specific provisions regarding ownership, access rights, exploitation and dissemination including licensing provisions, shall be laid down in the conditions governing a prize award, to ensure maximum uptake of the results and affordable and widespread access to the results.
Amendment 749 #
Proposal for a regulation Article 48 – paragraph 1 b (new) The contracting authority shall own the results and data generated, and grant non-exclusive licences to third parties to exploit the results under fair and reasonable conditions.
source: PE-492.788
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| 6 |
2011/0401(COD) Horizon 2020 - Framework Programme for Research and Innovation 2014-2020
2012/02/07
ITRE
5 amendments...
Amendment 1022 #
Proposal for a regulation Annex 1 – Part 2 – point 1 – point 1.1 – point 1.1.2 – paragraph 1 ICT underpins innovation and competitiveness across a broad range of private and public markets and sectors, and enables scientific progress in all disciplines. Over the next decade, the transformative impact of digital technologies, ICT components, infrastructures and services will be increasingly visible in all areas of life.
Amendment 1031 #
Proposal for a regulation Annex 1 – Part 2 – point 1 – point 1.1 – point 1.1.3 – point c (c) Future Internet:
Amendment 1041 #
Proposal for a regulation Annex 1 – Part 2 – point 1 – point 1.1 – point 1.1.3 – point f a (new) (f a) Regulatory and economical challenges for the future: new demands and needs on the regulatory framework and economical framework, as a consequences of societal impact of new technologies and applications;
Amendment 1047 #
Proposal for a regulation Annex 1 – Part 2 – point 1 – point 1.1 – point 1.1.3 – paragraph 2 These s
Amendment 1048 #
Proposal for a regulation Annex 1 – Part 2 – point 1 – point 1.1 – point 1.1.3 – paragraph 2 a (new) The fundamental rights and freedoms of natural persons and in particular their right to privacy is a key in the EU. Horizon 2020 shall support research and development of systems that can give Europe's citizens full control of their communications.
source: PE-492.765
2012/06/29
ITRE
1 amendments...
Amendment 238 #
Proposal for a regulation Recital 5 (5) The European Parliament has called for a radical simplification of Union research and innovation funding in its Resolution of 11 November 2010, has highlighted the importance of the Innovation Union to transform Europe for post-crisis world, in its resolution of 12 May 2011, has drawn attention to important lessons to be learned following the interim evaluation of the Seventh Framework Programme in its resolution of 8 June 2011 and has supported the concept of a common strategic framework for research and innovation funding in its resolution of 27 September 20118 . The Horizon 2020 Programme should therefore be granted a substantial budget increase compared to the Seventh Framework Programme, including a transfer of at least 5% of the budget of the Common Agricultural Policy 2014-2020.
source: PE-492.656
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| 1 |
2011/0402(CNS) Horizon 2020 - Framework Programme for Research and Innovation 2014-2020: specific programme implementing Horizon 2020
2012/04/07
ITRE
1 amendments...
Amendment 488 #
Proposal for a decision Annex 1 – section 2 – point 1 – point 1.1 – point 1.1.6 a (new) 1.1.6 a. Regulatory and economical challenges for the future: The objective is to research how and where there may be need for new regulatory frameworks to accommodate for the new relationships between citizens and their societies, as well as markets and their consumers. This includes cross- scientific research combining legal analysis with the economic, cultural and social impacts of the technological changes.
source: PE-492.815
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| 11 |
2011/0430(COD) Reuse of public sector information
2012/01/10
ITRE
11 amendments...
Amendment 34 #
Proposal for a directive Recital 11 a (new) (11a) A document should be considered as a document in a machine readable format if it is in a file format that is structured in such a way that software applications can easily identify, recognise and extract data of interest from it. Data encoded in files that are structured in a machine-readable format are machine-readable data. Machine-readable formats can exist as formal open standards or not. Documents encoded in a file format that limits such automatic processing, because the data cannot or cannot easily be extracted from these documents, should not be considered as documents in machine- readable format. Member States should when appropriate encourage the use of open, machine-readable formats.
Amendment 44 #
Proposal for a directive Recital 15 a (new) (15a) Documents and works, including audio and audiovisual productions, produced by public service broadcasters and other bodies or their subsidiaries for the fulfilment of a public service broadcasting remit should as a principle be re-usable. The possibility of accessing and re-using such publicly funded documents would be particularly beneficial to stimulate production of derivative creative content and would allow a future lifecycle for works that are held in public broadcasters' archives.
Amendment 50 #
Proposal for a directive Article 1 – point 1 a (new) Directive 2003/98/EC Article 1 – paragraph 2 – point d (1a) In paragraph 2, point (d) is deleted.
Amendment 56 #
Proposal for a directive Article 1 – point 1 a (new) Directive 2003/98/EC Article 2 – paragraph 1 1a. In Article 2 paragraph 1 is replaced by the following: "1. 'public sector body' means the State, regional or local authorities, bodies governed by public law and associations formed by one or several such authorities or one or several such bodies governed by public law and other undertakings entrusted with the operation of services of general economic interest (SGEI);".
Amendment 57 #
Proposal for a directive Article 1 – point 1 b (new) Directive 2003/98/EC Article 2 – paragraph 2 – point a 1b. In Article 2 paragraph 2, point (a) is replaced by the following: "(a) established for the specific purpose of meeting needs in the general interest, not having exclusively an industrial or commercial character; and".
Amendment 58 #
Proposal for a directive Article 1 – point 1 c (new) Directive 2003/98/EC Article 2 – paragraph 3 – point a 1c. In Article 2 (Definitions) paragraph 3, point (a) is replaced by the following: (a) any content whatever its medium (written on paper or stored in electronic form or as a sound, visual or audiovisual recording, including software source code);
Amendment 62 #
Proposal for a directive Article 1 – point 2 a (new) Directive 2003/98/EC Article 2 – paragraph 6 a (new) 2a. In Article 2 the following paragraph is added: "6a. undertakings entrusted with the operation of services of general economic interest are defined by Commission Decision of 28 November 2005 on the application of Article 106(2) Treaty on the functioning of the European Union to state aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest. The documents subject to this directive are the documents strictly connected to the operation of services of general economic interest.".
Amendment 64 #
Proposal for a directive Article 1 – point 2 b (new) Directive 2003/98/EC Article 2 – paragraph 6 b (new) 2b. In Article 2 the following paragraph is added: "6b. "formal standard" means a standard which has been codified in written form, detailing specifications for the requirements on how to make interoperable software for the management of files.".
Amendment 65 #
Proposal for a directive Article 1 – point 2 c (new) Directive 2003/98/EC Article 2 – paragraph 6 c (new) 2c. In Article 2 the following paragraph is added: "6c. "open format" means that the format's specification is maintained by a not-for-profit organisation the membership of which is not contingent on membership fees; its ongoing development occurs on the basis of an open decision-making procedure available to all interested parties; the format specification document is available freely; the intellectual property of the standard is made irrevocably available on a royalty- free basis.".
Amendment 74 #
Proposal for a directive Article 1 – point 5 Directive 2003/98/EC Article 5 – paragraph 1 (1) In paragraph 1, the words ‘through electronic means’ are replaced by ‘in machine-readable format and together with their metadata, both of which in so far as possible should comply with open, formal standards.’.
Amendment 112 #
Proposal for a directive Article 1 – point 9b (new) Directive 2003/98/EC Article 11 – paragraph 2 a (new) 9b. The following paragraph is added to Article 11: "2a. Notwithstanding paragraphs 1 and 2, where an exclusive right is granted in connection with commercial exploitation which is necessary in order to digitise cultural collections, the exclusive agreement shall not in general continue for longer than five years. The exclusive arrangements established after the entry into force of this Directive shall be transparent and made public. Where an exclusive right relating to the preferential commercial exploitation necessary to digitise cultural resources exists, the public sector body shall be provided with a copy of the digitised cultural resources as part of that agreement, and any term of that agreement shall be void in so far as it purports to restrict the re-use, after the termination of the agreement, of a digital copy of a cultural resource that was in the public domain before the agreement was made.".
source: PE-496.525
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| 2 |
2011/0455(COD) Staff Regulations of European Union officials: amendment of the Regulations
2012/06/03
CONT
2 amendments...
Amendment 45 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 a (new) Staff Regulations of Officials of the European Union Article 22a Amendment 50 #
Proposal for a regulation Article 1 – paragraph 1 – point 6b (new) Staff Regulations of Officials of the European Union Article 22b source: PE-483.645
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| 32 |
2011/2202(DEC) 2010 discharge: EU general budget, Section I - European Parliament
2012/06/03
CONT
32 amendments...
Amendment 14 #
Motion for a resolution Paragraph 5 5. Notes that the year saw consolidation and further modernisation of the administration, with a stronger focus on core activities, restructuring of services, better use of modern technologies and increased interinstitutional cooperation which together ensured; that budgetary and staffing resources were used in
Amendment 18 #
Motion for a resolution Paragraph 7 7. Notes the adoption, by the Bureau, on 24 March 2010, of a medium-term ICT Strategy (and in particular the Knowledge Management System - KMS - forming part of it) and a medium-term building policy which both have a substantial financial dimension;
Amendment 19 #
Motion for a resolution Paragraph 11 11. Notes however the significant carry- overs into 2010 (EUR 190 365 823), resulting to a large extent from the particular nature of the 2009 election year and calls for improved planning of expenditure taking this into account in the run up to future European elections;
Amendment 22 #
Motion for a resolution Paragraph 12 12. Notes that this overall high level of implementation is partly due to two targeted transfers made before the end of the financial year 2010 (EUR 9 240 000 for the purchase of a Europe House in Sofia and EUR 10 923 000 for four major IT projects); welcomes the fact that for the second time no mopping-up transfers took place between 2010 and 2011;
Amendment 24 #
Motion for a resolution Paragraph 16 16. Acknowledges as positive the reversed trend in 2010 (as compared to 2009 and previous years) in the number of exceptional negotiated procedures, as shown in the following breakdown:
Amendment 26 #
Motion for a resolution Paragraph 17 17. Calls on the Directorates General which still have high figures to further reduce the number/proportion of such procedures; calls on the Secretary-General to report on a six monthly basis to the Committee on Budgetary Control on progress made;
Amendment 29 #
Motion for a resolution Paragraph 19 19. Notes the Court of Auditors finding that the procedures in place in 2010, which did not require evidence of actual travel costs and which included cash payments to group leaders, presented a risk of overpayment and limited the possibility of applying internal controls to such payments, and
Amendment 35 #
Motion for a resolution Paragraph 23 23. Notes with satisfaction the promptness and extent of written answers in respect of the 2009 discharge resolution provided to the Committee on Budgetary Control on 6 October 2011 and the quality of the exchange of views between the Secretary- General and the Committee on Budgetary Control during the follow-up of the 2009 discharge exercise on 11 October 2011;
Amendment 36 #
Motion for a resolution Paragraph 24 – point i (i) to propose
Amendment 40 #
Motion for a resolution Paragraph 24 – point ii (ii) to make a comprehensive evaluation covering changes in staff as well as the development of expenditure in all services concerned by the implementation of the new Statutes (of Members and of Assistants) and to forward this to its competent committees, together with an action plan and an assessment of
Amendment 42 #
Motion for a resolution Paragraph 24 – point v (v) to report on the total amount of savings that were made including those as a result of further rationalisation of the missions between the three working places (paragraph 102);
Amendment 46 #
Motion for a resolution Paragraph 29 29. Refers to its comments, contained in previous discharge resolutions, on internal audit reports; recognises that internal audit reports serve as tools for improvements in systems and performance, and can only be properly interpreted when changes and results are completed, based on their recommendations; notes however that future action and treatment of these reports by all institutions will depend on the outcome of negotiations concerning the ongoing review of the Financial Regulation, is however of the opinion that in order to guarantee a proper assessment from the Committee on Budgetary Control on Parliament's budget and expenditure the Members of this committee should have full access to the internal audit reports and that these reports should be published on time, together with the actions taken , on Parliament's website;
Amendment 51 #
Motion for a resolution Paragraph 31 31. Notes with satisfaction that the Risk Manager took up his appointment on 1 June 2010 and reports directly to the Secretary-General; welcomes the publication on 16 December 2011 of a Risk Management Manual and reiterates its request that its competent committee receive the Risk Manager's annual activity report for 2010 and be kept informed of development in the implementation of Parliament's new risk management policy twice a year, during a committee meeting in the presence of the risk manager based on a report sent to the competent committee beforehand;
Amendment 55 #
Motion for a resolution Paragraph 33 33. Notes a slight decrease in the budget devoted to security from EUR 45 980 000 to EUR 45 590 000 between 2009 and 2010 due to internalisation of certain parts of the security tasks ; welcomes the continued decreasing trend in the 2011 budget expenditure (final appropriations: EUR 42 830 000) compared to 2010 and the adoption by the Bureau in July 2011 of the Global Security Concept providing more modern and efficient security for Parliament; calls on the Secretary General to inform the Committee on Budgetary Control on the total costs of security including the expenses for internal parts of the security policy; suggests to the Secretary-General to perform a survey among the Members asking them if they are prepared to use their badge for entering and leaving the premises of the Parliament;
Amendment 60 #
Motion for a resolution Paragraph 34 34. Reiterates its request to the Secretary General to come forward, by 30 June 2012, with proposals for a more effective secure and fraudproof signing system (including considerations about opening hours for signing), and in particular for a possible future electronic signing system for Members both for signing documents (such as amendments) and for recording their presence by digital signature, even though it is aware that only minimal impact is to be expected in terms of costs or savings;
Amendment 66 #
Motion for a resolution Paragraph 37 37. Recalls the political importance of delegations in Parliament
Amendment 71 #
Motion for a resolution Paragraph 38 Amendment 83 #
Motion for a resolution Paragraph 42 c (new) 42c. Regrets that decisions taken by the Bureau and other bodies concerning the House of European History were not based on the full "estimated" final costs involved in establishing a fully operational project; advises the Bureau and the Quaestors not to approve any project or initiative in future for which no total financial estimate for direct or indirect costs is presented;
Amendment 86 #
Motion for a resolution Paragraph 43 43. Recognises the importance of the visitors' scheme in raising awareness of the Parliament and its legislative work;
Amendment 101 #
Motion for a resolution Paragraph 46 46. Notes that costs relating to the Prize for Journalism in 2010 were EUR 118 059, an increase of 18 % on 2009 figure; is concerned that the costs rose for the event in 2011 by more than a quarter, and requests that a full cost-benefit analysis be carried out before any alternative initiatives are developed in th
Amendment 107 #
Motion for a resolution Paragraph 48 48. Notes the opening in April 2010 of the EP Liaison Office (EPLO) in Washington and the system of one-year missions for four officials put in place in October 2010; observes that, although the creation of the Washington Office has not entailed the creation of any new posts, other costs have inevitably been incurred; would like to be informed of the level of those costs for 2011 and 2012;
Amendment 110 #
Motion for a resolution Paragraph 53 53. Notes that, at 31 December 2010, a majority of staff in the Secretariat (58,4 %) and within the administrators' function group (51,7 % female) were women;
Amendment 115 #
Motion for a resolution Paragraph 55 55. Notes that, in 2010, there were 33 200 missions (official trips) representing a total of 98 629 mission days, most of them involving travel between Parliament's three places of work; reiterates the need to avoid unnecessary missions between the three working places and the costs they entail with more systematic and documentary justifications and better monitoring; requests that the Secretary General report, as part of the discharge procedure, on any savings made as a result of further rationalisation and about further initiatives taken or in preparation leading to less missions; is further of the opinion that in general no committee meeting should take place in Strasbourg with the exception of those committees the agenda of which is directly linked to the reports or discussions on that week's part session's agenda;
Amendment 120 #
Motion for a resolution Paragraph 56 56. Notes with satisfaction that the switch to this new employment system has been broadly budget neutral, with approximately 15 members of staff administering the employment of around 1400 assistants; and looks forward to receiving a copy of the report on that new employment system's implementation, its total indirect and direct costs, including the unemployment benefits paid out by the Commission;
Amendment 129 #
Motion for a resolution Paragraph 64 e (new) 64e. Regrets that the building policy lacks elements of social and economic integration with the citizens living and working in the areas around the buildings; calls on the Secretary-General and the Bureau to pay more attention to this aspect of Parliament's building policy;
Amendment 139 #
Motion for a resolution Paragraph 70 70. Notes that final appropriations for the Travel Agency amounted to EUR 1 438 000 in 2010, with a high commitment rate (94 %); further notes that it obtains negotiated prices from airlines, which means that there is an average price for the best service; stresses however that this does not mean that, for a specific day or journey, it is not possible to get better prices by booking directly with travel operators; suggests that random checks are conducted to see if tickets with the same travel conditions are issued at the lowest available price; further suggests that Members and staff using the cheapest available tickets with fixed travel dates will be entitled to be fully compensated up to a maximum of 5 times a year when unforeseen circumstances force them purchase another ticket;
Amendment 143 #
Motion for a resolution Paragraph 71 71. Welcomes the fact that, at the end of the 2010 financial year, the mopping up procedure was not used as has been asked by its Committee on Budgetary Control over the last years, thereby preventing there being a significant difference between the budget as planned for the year and its implementation, as happened in previous years and believes that all Union institutions could make scrutiny and budget discharge for future years easier if they planned buildings expenditure in a transparent way via the budget procedure:
Amendment 144 #
Motion for a resolution Paragraph 72 Amendment 146 #
Motion for a resolution Paragraph 73 73. Notes that, although in 2010 the value of the assets of the Voluntary Pension Fund increased by 13, 3 % as the investment markets continued to recover from the global financial crisis of 2008, as at 31 December 2010 the voluntary pension fund had a deficit of EUR 178 960 000, which raises concerns about the possib
Amendment 154 #
Motion for a resolution Paragraph 76 a (new) 76 a. Expects a full report on how Parliament's Free Software projects have developed with regards to use and users in Parliament, citizen interaction and procurement activities; invites to investigate Parliament's obligations under Rule 103 with regard to Free Software and Open Standards;
Amendment 161 #
Motion for a resolution Paragraph 86 86. Welcomes the pilot projects in the area of logistics which ran in 2010 (e.g. purchasing low-emissions vehicles - EURO 5 standard, holding training in environmentally responsible driving for drivers and removal staff, trunk sharing for the transport of working documents, thereby reducing CO2 emissions by around 33 % in that area) as part of EMAS Action Plan; would like to be informed on how Parliament will promote the use of electric cars and the number of charging points available;
Amendment 163 #
Motion for a resolution Paragraph 87 a (new) 87a. Believes that better and more use should be made of solar panels on the roofs of Parliament's buildings; regrets that only a few are installed until now; would like to be informed on the total amount of square meters of roof available for the "economic" use of solar panels in future, how many square meters are used for the moment and the potential electric output in percentage of the total electricity consumption when installing a maximum of solar panels;
source: PE-483.679
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| 4 |
2011/2284(INI) Critical information infrastructure protection. Achievements and next steps: towards global cyber-security
2012/06/03
ITRE
4 amendments...
Amendment 2 #
Motion for a resolution Recital A A. whereas information and communication technologies (ICT) are able to deploy their full capacity for advancing the economy and society only if users have trust and confidence in their safety and resilience, and if legislation on matters such as data privacy
Amendment 17 #
Motion for a resolution Paragraph 3 3. Calls, in view of the inter-connected and highly interdependent, sensitive, strategic and vulnerable nature of national and EU CIIP, for the regular updating of minimum resilience standards to protect against any disruptions, incidents, destruction attempts or attacks, such as
Amendment 37 #
Motion for a resolution Paragraph 7 7.
Amendment 58 #
Motion for a resolution Paragraph 13 13. Points out that the primary driving force behind the development and use of technologies designed to increase internet security is the ICT industry; recalls that EU policies need to include the necessary incentives in order to exploit the potential of business and public-private partnerships to the full, recommends the investigation of further incentives for the industry to develop more robust operator security plans according to 2008/114/EC;
source: PE-483.516
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| 2 |
2011/2313(INI) Online distribution of audiovisual works in the European Union
2012/08/03
ITRE
2 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1.
Amendment 10 #
Draft opinion Paragraph 2 2. Considers that greater attention should be given to improv
source: PE-483.685
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| 284 |
2012/0011(COD) Personal data protection: processing and free movement of data (General Data Protection Regulation)
2012/12/20
ITRE
70 amendments...
Amendment 172 #
Proposal for a regulation Recital 5 (5) Rapid technological developments and globalisation have brought new challenges for the protection of personal data. The scale of data sharing and collection
Amendment 175 #
Proposal for a regulation Recital 7 (7) The objectives and principles of Directive 95/46/EC remain sound, but
Amendment 176 #
Proposal for a regulation Recital 8 (8) In order to ensure consistent and high level of protection of individuals and to remove the obstacles to flows of personal data, the level of protection of the rights and freedoms of individuals with regard to the processing of such data should be equivalent in all Member States and identical where possible. Consistent and homogenous application of the rules for the protection of the fundamental rights and freedoms of natural persons with regard to the processing of personal data should be ensured throughout the Union.
Amendment 178 #
Proposal for a regulation Recital 9 (9) Effective protection of personal data throughout the Union requires strengthening and detailing the rights of data subjects and the obligations of those who process and determine the processing of personal data, but also equivalent powers and technical and operational capacity for monitoring and ensuring compliance with the rules for the protection of personal data and equivalent sanctions for offenders in the Member States.
Amendment 180 #
Proposal for a regulation Recital 11 (11) In order to ensure a consistent level of protection for individuals throughout the Union and to prevent divergences hampering the free movement of data within the internal market, a Regulation is necessary to provide legal certainty and transparency for economic operators, including micro, small and medium-sized enterprises, and to provide individuals in all Member States with the same level of legally enforceable rights and obligations and responsibilities for controllers and processors, to ensure consistent monitoring of the processing of personal data, and equivalent sanctions in all Member States as well as effective co-operation by the supervisory authorities of different Member States.
Amendment 185 #
Proposal for a regulation Recital 14 (14) This Regulation does not address issues of protection of fundamental rights and freedoms or the free flow of data related to activities which fall outside the scope of Union law
Amendment 186 #
Proposal for a regulation Recital 16 (16) The protection of individuals with regard to the processing of personal data by competent public authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data, is subject of a specific legal instrument at Union level. Therefore, this Regulation should not apply to the processing activities for those purposes. However, data processed by public authorities under this Regulation when used for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties should be governed by the more specific legal instrument at Union level (Directive XX/YYY).
Amendment 187 #
Proposal for a regulation Recital 17 (17) The liability limitations of the Directive on Electronic Commerce 2000/31/EC are horizontal in nature and therefore apply to relevant activities of all information society service providers. This Regulation establishes the rules for the processing of personal data while the Directive on Electronic Commerce sets out the conditions by which an information service provider is liable for third party infringements of the law. In the interest of legal certainty for European citizens and businesses, the clear and distinct roles of the two instruments need to be consistently respected. This Regulation should be without prejudice to the application of Directive 2000/31/EC, in particular of the liability rules of intermediary service providers in Articles 12 to 15 of that Directive.
Amendment 188 #
Proposal for a regulation Recital 21 (21) In order to determine whether a processing activity can be considered to
Amendment 189 #
Proposal for a regulation Recital 23 (23) The principles of protection should apply to any information concerning an identified or identifiable person. To determine whether a person is identifiable, account should be taken of all the means likely
Amendment 192 #
Proposal for a regulation Recital 24 (24) When using online services, individuals may be associated with one or more online identifiers provided by their devices, applications, tools and protocols, such as Internet Protocol addresses
Amendment 195 #
Proposal for a regulation Recital 25 (25) Consent should be given explicitly by any appropriate method enabling a freely given specific and informed indication of the data subject's wishes, either by a statement or by a clear affirmative action by the data subject, ensuring that individuals are aware that they give their consent to the processing of personal data, including by ticking a box when visiting an Internet website or by any other statement or conduct which clearly indicates in this context the data subject's acceptance of the proposed processing of their personal data.
Amendment 203 #
Proposal for a regulation Recital 27 (27) The main establishment of a controller in the Union should be determined according to objective criteria and should imply the effective and real exercise of management activities determining the main decisions as to the purposes, conditions and means of processing through stable arrangements. This criterion should not depend whether the processing of personal data is actually carried out at that location; the presence and use of technical means and technologies for processing personal data or processing activities do not, in themselves, constitute such main establishment and are therefore not determining criteria for a main establishment. The main establishment of the processor should be the place of its central administration in the Union.
Amendment 205 #
Proposal for a regulation Recital 29 (29) Children deserve specific protection of their personal data, as they may be less aware of risks, consequences, safeguards and their rights in relation to the processing of personal data. To determine when an individual is a child, this Regulation should take over the definition laid down by the UN Convention on the Rights of the Child. No reference to child protection in this Regulation should be understood as an implicit instruction that protection of personal data of adults should be treated with less care than would have been the case if the reference was not included.
Amendment 210 #
Proposal for a regulation Recital 32 (32) Where processing is based on the data subject's consent, the controller should have the burden of proving that the data subject has given the consent to the processing operation. In particular in the context of a written declaration on another matter, safeguards should ensure that the data subject is aware that and to what extent consent is given. To comply with the principle of data minimisation, this burden of proof should not be understood as requiring positive identification of data subjects unless necessary.
Amendment 211 #
Proposal for a regulation Recital 33 (33) In order to ensure free consent, it should be clarified that consent does not provide a valid legal ground where the individual has no genuine and free choice and is subsequently not able to refuse or withdraw consent without detriment. Consent should also not provide a legal basis for data processing when the data subject has no access to different equivalent services. Default settings such as pre-ticked boxes, silence, or the simple use of a service do not imply consent. Consent can only be obtained for processing that is lawful and thus not excessive in relation to the purpose. Disproportional data processing cannot be legitimised though obtaining consent.
Amendment 217 #
Proposal for a regulation Recital 34 (34) Consent should not provide a valid legal ground for the processing of personal data, where there is a clear imbalance between the data subject and the controller. This is especially the case where the data subject is in a situation of dependence from the controller, among others, where personal data are processed by the employer of employees
Amendment 218 #
Proposal for a regulation Recital 36 (36) Where processing is carried out in compliance with a legal obligation to which the controller is subject or
Amendment 220 #
Proposal for a regulation Recital 38 Amendment 223 #
Proposal for a regulation Recital 40 (40) The processing of personal data for other purposes should be only allowed where the processing is compatible with those purposes for which the data have been initially collected, in particular where the processing is necessary for historical, statistical or scientific research purposes.
Amendment 227 #
Proposal for a regulation Recital 41 (41) Personal data which are, by their nature, particularly sensitive and vulnerable in relation to fundamental rights or privacy, deserve specific protection. Such data should not be processed, unless the data subject gives his explicit and informed consent. However, derogations from this prohibition should be explicitly provided for in respect of specific needs, in particular where the processing is carried out in the course of legitimate activities by certain associations or foundations the purpose of which is to permit the exercise of fundamental freedoms of the data subjects in question.
Amendment 229 #
Proposal for a regulation Recital 42 (42) Derogating from the prohibition on processing sensitive categories of data should also be allowed if done by a law, and subject to suitable safeguards, so as to protect personal data and other fundamental rights, where grounds of public interest so justify and in particular for health purposes, including public health and social protection and the management of health-care services, especially in order to ensure the quality and cost-effectiveness of the procedures used for settling claims for benefits and services in the health insurance system
Amendment 230 #
Proposal for a regulation Recital 45 (45) If the data processed by a controller do not permit the controller to identify a natural person, nothing in this Regulation may be construed by the data controller
Amendment 232 #
Proposal for a regulation Recital 47 (47) Modalities should be provided for facilitating the data subject's exercise of their rights provided by this Regulation, including mechanisms to
Amendment 234 #
Proposal for a regulation Recital 49 (49) The information in relation to the processing of personal data relating to the data subject should be given to them at the time of collection, or, where the data are not collected from the data subject, within a reasonable period, depending on the circumstances of the case. Where data can be legitimately disclosed to another recipient according to the provisions of this Regulation, such as after the data subject's consent, the data subject should be informed when the data are first disclosed to the recipient.
Amendment 235 #
Proposal for a regulation Recital 50 (50) However, it is not necessary to impose this obligation where the data subject already disposes of this information, or where the recording or disclosure of the data is expressly laid down by law, or where the provision of information to the data subject proves impossible or would involve disproportionate efforts.
Amendment 237 #
Proposal for a regulation Recital 51 (51) Any person should have the right of access to data which has been collected concerning them, and to exercise this right easily, in order to be aware and verify the lawfulness of the processing. Every data subject should therefore have the right to know and obtain communication in particular for what purposes the data are processed, for what period, which recipients receive the data, what is the logic of the data that are undergoing the processing and what might be, at least when based on profiling, the consequences of such processing. This right should not adversely affect the rights and freedoms of others, including trade secrets or intellectual property
Amendment 239 #
Proposal for a regulation Recital 52 (52) The controller should use all reasonable measures to verify the
Amendment 240 #
Proposal for a regulation Recital 53 (53) Any person should have the right to have personal data concerning them rectified and
Amendment 241 #
Proposal for a regulation Recital 54 (54) To strengthen the
Amendment 242 #
Proposal for a regulation Recital 55 (55) To further strengthen the control over their own data and their right of access, data subjects should have the right, where personal data are processed by electronic means
Amendment 243 #
Proposal for a regulation Recital 57 (57) Where personal data are processed for the purposes of direct marketing, the data subject should have the right to object to such processing in advance, free of charge and in a manner that can be easily and effectively invoked.
Amendment 245 #
Proposal for a regulation Recital 58 (58) Every natural person should have the right not to be subject to a measure which is based on profiling by means of automated processing. However, any such measure should be allowed when expressly authorised by law, carried out in the course of entering or performance of a contract, or when the data subject has given his consent. In any case, such processing should be subject to suitable safeguards, including specific information of the data subject and the right to obtain human intervention and that such measure should not concern a child. Specifically, such processing should never, whether intentionally or not, lead to the discrimination of data subjects on the basis of race or ethnic origin, political opinions, religion or beliefs, trade union membership, or sexual orientation. Given the risk of discrimination, such processing should not be used in order to predict very rare characteristics.
Amendment 247 #
Proposal for a regulation Recital 59 (59) Restrictions on specific principles and on the rights of information, access, rectification and erasure or on the right to data portability, the right to object, measures based on profiling, as well as on the communication of a personal data breach to a data subject and on certain related obligations of the controllers may be imposed by Union or Member State law, as far as strictly necessary and proportionate in a democratic society to safeguard public security, including the protection of human life especially in response to natural or man made disasters, the prevention, investigation and prosecution of criminal offences or of breaches of ethics for regulated professions, other public interests of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, or the protection of the data subject or the rights and freedoms of others. Those restrictions should be in compliance with requirements set out by the Charter of Fundamental Rights of the European Union, and by the European Convention for the Protection of Human Rights and Fundamental Freedoms. Any such measure should be notified to the Data Protection Board for an opinion which, if negative, should result in a referral to the Commission with view to starting an infringement procedure before the European Court of Justice.
Amendment 248 #
Proposal for a regulation Recital 60 (60) Comprehensive responsibility and liability of the controller for any processing of personal data carried out by the controller or on the controller's behalf should be established in order to ensure accountability. In particular, the controller should ensure and be obliged to demonstrate the compliance of each processing operation with this Regulation. Otherwise unnecessary data processing may not be justified on the basis of the need to respect this obligation.
Amendment 249 #
Proposal for a regulation Recital 61 (61) The protection of the rights and freedoms of data subjects with regard to the processing of personal data require that appropriate technical and organi
Amendment 251 #
Proposal for a regulation Recital 61 a (new) (61a) The present Regulation aims at encouraging enterprises to develop internal programmes that would identify the processing operations likely to present specific risks to the rights and freedoms of data subjects by virtue of their nature, their scope or their purposes, and to put in place appropriate personal data protection safeguards and develop innovative data protection-by-design solutions and data protection enhancing techniques. Enterprises would then demonstrate publically and pro-actively their compliance with the provisions and spirit of this Regulation and thus increase the trust of the European citizens. Corporate accountability on personal data protection cannot however exempt an enterprise from any obligation laid down in this Regulation.
Amendment 255 #
Proposal for a regulation Recital 63 (63) Where a controller not established in the Union is processing personal data of data subjects residing in the Union whose processing activities are related to the offering of goods or services to such data subjects, or to the monitoring their behaviour, the controller should designate a representative, unless the controller is established in a third country ensuring an adequate level of protection, or the controller is a
Amendment 259 #
Proposal for a regulation Recital 66 (66) In order to maintain security and to prevent processing in breach of this Regulation, the controller or processor should evaluate the risks inherent to the processing and implement measures to mitigate those risks. These measures should ensure an appropriate level of security, taking into account the state of the art and the costs of their implementation in relation to the risks and the nature of the personal data to be protected. When establishing technical standards and organisational measures to ensure security of processing,
Amendment 264 #
Proposal for a regulation Recital 70 a (new) (70a) Directive 2002/58/EC sets out personal data breach notification obligations for the processing of personal data in connection with the provision of publicly available electronic communications services in public communications networks in the Union. Where providers of publicly available electronic communications services provide other services, they are subject to the breach notification obligations of this Regulation.
Amendment 266 #
Proposal for a regulation Recital 76 (76) Associations or other bodies representing categories of controllers should be encouraged to draw up codes of conduct, within the limits of this Regulation, so as to facilitate the effective application of this Regulation, taking account of the specific characteristics of the processing carried out in certain sectors. Such codes should make compliance easier for industry.
Amendment 267 #
Proposal for a regulation Recital 77 (77) In order to enhance transparency and compliance with this Regulation, the establishment of certification mechanisms, data protection seals and marks should be encouraged, allowing data subjects to quickly, reliably and verifiably assess the level of data protection of relevant products and services.
Amendment 270 #
Proposal for a regulation Recital 79 (79) This Regulation is without prejudice to international agreements concluded between the Union and third countries regulating the transfer of personal data including appropriate safeguards for the data subjects ensuring an equivalent level of protection for the fundamental rights of citizens.
Amendment 271 #
Proposal for a regulation Recital 80 (80) The Commission may decide with effect for the entire Union that certain third countries, or a territory or a processing sector within a third country, or an international organisation, offer an adequate level of data protection, thus providing legal certainty and uniformity throughout the Union as regards the third countries or international organisations which are considered to provide such level of protection. In these cases, transfers of personal data to these countries may take place without needing to obtain any further authorisation. The Commission may also decide, having given notice and a complete justification to the third country, to revoke such a decision.
Amendment 272 #
Proposal for a regulation Recital 82 Amendment 273 #
Proposal for a regulation Recital 83 Amendment 275 #
Proposal for a regulation Recital 87 (87) These derogations should in particular apply to data transfers required and necessary for the protection of important grounds of public interest, for example in cases of international data transfers between competition authorities, tax or customs administrations, financial supervisory authorities, between services competent for social security matters, or to competent authorities for the prevention, investigation, detection and prosecution of criminal offences. Transferring personal data for such important grounds of public interest should only be used for occasional transfers. In each and every case, a careful assessment of all circumstances of the transfer needs to be carried out.
Amendment 276 #
Proposal for a regulation Recital 88 Amendment 277 #
Proposal for a regulation Recital 89 (89) In any case, where the Commission has taken no decision on the adequate level of data protection in a third country, the controller or processor should make use of solutions that provide data subjects with a legally binding guarantee that they will continue to benefit from the fundamental rights and safeguards as regards processing of their data in the Union once this data has been transferred. This guarantee will include financial indemnification in cases of loss or unauthorised access or processing of the data and an obligation, regardless of local legislation, to provide full details of all access to the data by public authorities in the third country.
Amendment 278 #
Proposal for a regulation Recital 90 (90) Some third countries enact laws, regulations and other legislative instruments which purport to directly regulate data processing activities of natural and legal persons under the jurisdiction of the Member States. The extraterritorial application of these laws, regulations and other legislative instruments m
Amendment 280 #
Proposal for a regulation Recital 92 (92) The establishment of supervisory authorities in Member States, exercising their functions with complete independence, is an essential component of the protection of individuals with regard to the processing of their personal data. Member States may establish more than one supervisory authority, to reflect their constitutional, organisational and administrative structure. Independence shall be understood as not having direct or indirect political involvement in selection of leadership and having adequate financial personal and legal resources to carry out its role fully.
Amendment 281 #
Proposal for a regulation Recital 94 (94) Each supervisory authority should be provided with the adequate financial and human resources, paying particular attention to ensuring adequate technical skills of staff, premises and infrastructure, which is are necessary for the effective performance of their tasks, including for the tasks related to mutual assistance and co-operation with other supervisory authorities throughout the Union.
Amendment 282 #
Proposal for a regulation Recital 95 (95) The general conditions for the members of the supervisory authority should be laid down by law in each Member State and should in particular provide that those members should be either appointed by the parliament or the government of the Member State taking due care to minimise the possibility of political interference, and include rules on the personal qualification of the members, the avoidance of conflicts of interest and the position of those members.
Amendment 284 #
Proposal for a regulation Recital 97 (97) Where the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union takes place in more than one Member State, one single supervisory authority should be competent for monitoring the activities of the controller or processor throughout the Union and taking the related decisions, in order to increase the consistent application, provide legal certainty and reduce administrative burden for such controllers and processors. When carrying out these activities, this supervisory authority should take appropriate steps to cooperate with its counterparts in other Member States where there are data subjects likely to be affected by the processing operations, involving the European Data Protection Board where appropriate, including by carrying out joint investigations. Appropriate mechanisms should be put in place to ensure that smaller supervisory authorities have the financial, administrative and human resources capacity to deal with any extra burdens that this places on them.
Amendment 286 #
Proposal for a regulation Recital 98 a (new) (98a) Where such processing is the subject of a complaint lodged by a data subject, the competent authority, providing such one-stop shop, should be the supervisory authority of the Member State in which the data subject has its main residence. Where data subjects lodge similar complaints against such processing with supervisory authorities in different Member States, the competent authority should be the first seized.
Amendment 287 #
Proposal for a regulation Recital 104 (104) Each supervisory authority should have the right to participate in joint operations between supervisory authorities. The requested supervisory authority should be obliged to respond to the request in a defined time period. The European Data Protection Board should be able to coordinate such activities, where the concerned supervisory authorities so wish. Each supervisory authority should have the right to participate in joint operations between supervisory authorities. The requested supervisory authority should be obliged to respond to the request in a defined time period.
Amendment 289 #
Proposal for a regulation Recital 107 (107) In order to ensure compliance with this Regulation, the Commission may adopt an opinion on this matter, or in urgent cases a decision, requiring the supervisory authority to suspend its draft measure.
Amendment 290 #
Proposal for a regulation Recital 110 (110) At Union level, a European Data Protection Board should be set up. It should replace the Working Party on the Protection of Individuals with Regard to the Processing of Personal Data established by Directive 95/46/EC. It should consist of a head of a supervisory authority of each Member State and of the European Data Protection Supervisor. The Commission should participate in its activities. The European Data Protection Board should contribute to the consistent application of this Regulation throughout the Union, including by advising the
Amendment 291 #
Proposal for a regulation Recital 118 (118) Any damage which a person may suffer as a result of unlawful processing should be compensated by the controller or processor, who may be exempted from liability if they prove that they are not responsible for the damage, in particular where he establishes that the balance of fault is on the part of the data subject or in case of force majeure.
Amendment 293 #
Proposal for a regulation Recital 121 (121) The processing of personal data solely for journalistic purposes, or for the purposes of artistic or literary expression should qualify for exemption from the requirements of certain provisions of this Regulation in order to reconcile the right to the protection of personal data with the right to freedom of expression, and notably the right to receive and impart information, as guaranteed in particular by Article 11 of the Charter of Fundamental Rights of the European Union. This should apply in particular to processing of personal data in the audiovisual field and in news archives and press libraries. Therefore, Member States should adopt legislative measures, which should lay down exemptions and derogations which are necessary for the purpose of balancing these fundamental rights. Such exemptions and derogations should be adopted by the Member States on general principles, on the rights of the data subject, on controller and processor, on the transfer of data to third countries or international organisations, on the independent supervisory authorities and on co-operation and consistency. This should not, however, lead Member States to lay down exemptions from the other provisions of this Regulation. In order to take account of the importance of the right to freedom of expression in every democratic society, it is necessary to interpret notions relating to that freedom, such as journalism, broadly. Therefore, Member States should classify activities as
Amendment 294 #
Proposal for a regulation Recital 121 a (new) (121a) This Regulation allows the principle of public access to official documents to be taken into account when applying the provisions set out in this Regulation. Personal data in documents held by a public authority or a public body may be disclosed by this authority or body in accordance with Member State legislation to which the public authority or public body is subject. Such legislation shall reconcile the right to the protection of personal data with the principle of public access to official documents.
Amendment 296 #
Proposal for a regulation Recital 126 (126) Scientific research for the purposes of this Regulation should include fundamental research, applied research, and privately funded research in the meaning of Article 13 of the Charter of Fundamental Rights of the European Union and in addition should take into account the Union's objective under Article 179(1) of the Treaty on the Functioning of the European Union of achieving a European Research Area. It should not include market research.
Amendment 310 #
Proposal for a regulation Article 2 – paragraph 2 – point a Amendment 311 #
Proposal for a regulation Article 2 – paragraph 2 – point b Amendment 320 #
Proposal for a regulation Article 2 – paragraph 2 a (new) 2a. Subject to the rules in this Regulation, the European Parliament and the Council, and the Commission where this is provided for in this Regulation, may adopt specific rules further clarifying the rules in this Regulation with regards to specific areas or to processing by specific entities. Within a period of one year from the coming into force of this Regulation, the European Parliament and the Council shall adopt such specific subsidiary rules with regard to the processing of personal data by: (a) by providers of publicly available electronic communications services, both generally and as concerns the preservation of communications data for purposes of law enforcement; (b) by the Union institutions, bodies, offices and agencies.
Amendment 322 #
Proposal for a regulation Article 3 – paragraph 2 – point a (a) the offering of goods or services to such data subjects in the Union, irrespective of whether a payment of the data subject is required; or
Amendment 323 #
Proposal for a regulation Article 4 – paragraph 1 – point 1 (1)
Amendment 332 #
Proposal for a regulation Article 4 – paragraph 1 – point 3 a (new) (3a) 'profiling' means any form of automated processing intended to evaluate, or generate data about, aspects relating to natural persons or to analyse or predict a natural person's performance at work, economic situation, location, health, preferences, reliability, behaviour or personality;
Amendment 343 #
Proposal for a regulation Article 4 – paragraph 1 – point 9 (9)
Amendment 348 #
Proposal for a regulation Article 4 – paragraph 1 – point 13 (13)
source: PE-502.053
2012/12/21
ITRE
148 amendments...
Amendment 369 #
Proposal for a regulation Article 6 – paragraph 1 – point f Amendment 370 #
Proposal for a regulation Article 6 – paragraph 1 – point f (f) processing is necessary for the purposes of the legitimate interests pursued by a controller in adequacy with points (a) to (e) of the same paragraph, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. This shall not apply to processing carried out by public authorities in the performance of their tasks.
Amendment 386 #
Proposal for a regulation Article 6 – paragraph 3 a (new) 3a. In the case referred to in point (f) of paragraph 1, the controller shall inform the data subject about this explicitly and separately. The controller shall also publish the reasons for believing that its interests override the interests or fundamental rights and freedoms of the data subject.
Amendment 387 #
Proposal for a regulation Article 6 – paragraph 4 Amendment 389 #
Proposal for a regulation Article 6 – paragraph 5 Amendment 392 #
Proposal for a regulation Article 7 – paragraph 1 1. The controller shall in all cases bear the burden of proof for the data subject's purpose-specific, informed and explicit consent to the processing of their personal data
Amendment 394 #
Proposal for a regulation Article 7 – paragraph 1 a (new) 1a. The freely given specific, informed and explicit consent of the data subject for the processing of his/her personal data cannot be differentiated or categorised according to the type of the personal data in question.
Amendment 398 #
Proposal for a regulation Article 7 – paragraph 3 3. The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. The withdrawal of consent terminates the relationship with the controller.
Amendment 402 #
Proposal for a regulation Article 8 – paragraph 1 1. For the purposes of this Regulation, in relation to the offering of
Amendment 406 #
Proposal for a regulation Article 8 – paragraph 3 Amendment 409 #
Proposal for a regulation Article 9 – paragraph 1 1. The processing of personal data, revealing race or ethnic origin, political opinions, religion or philosophical beliefs, trade-union membership, and the processing of genetic data or data concerning health or sex life or criminal convictions, criminal offences and matters which have not led to a conviction, or related security measures shall be prohibited.
Amendment 412 #
Proposal for a regulation Article 9 – paragraph 2 – point a (a) the data subject has given consent to the processing of those personal data, subject to the conditions laid down in Articles 7 and 8
Amendment 414 #
Proposal for a regulation Article 9 – paragraph 2 – point b (b) processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller in the field of employment law in so far as it is authorised by Union law or Member State law providing for adequate safeguards for the fundamental rights and the interests of the data subject; or
Amendment 416 #
Proposal for a regulation Article 9 – paragraph 2 – point g (g) processing is necessary for the performance of a task carried out in the public interest, on the basis of Union law, or Member State law which shall provide for suitable measures to safeguard the data subject's fundamental rights and legitimate interests; or
Amendment 422 #
Proposal for a regulation Article 9 – paragraph 2 – point j (j) processing of data relating to criminal convictions, criminal offences and matters which have not led to a conviction, or related security measures is carried out either under the control of official authority or when the processing is necessary for compliance with a legal or regulatory obligation to which a controller is subject, or for the performance of a task carried out for important public interest reasons, and in so far as authorised by Union law or Member State law providing for adequate safeguards for the fundamental rights of the data subject. A complete register of criminal convictions shall be kept only under the control of official authority.
Amendment 425 #
Proposal for a regulation Article 9 – paragraph 3 Amendment 433 #
Proposal for a regulation Article 10 – paragraph 1 If the data processed by a controller do not permit the controller to identify a natural person, the controller shall not
Amendment 442 #
Proposal for a regulation Article 12 – paragraph 5 Amendment 445 #
Proposal for a regulation Article 13 The controller shall communicate any rectification or erasure carried out in accordance with Articles 16 and 17 to each recipient to whom the data have been disclosed
Amendment 446 #
Proposal for a regulation Article 14 – paragraph 1 – point b (b) the specific purposes of the processing for which the personal data are intended as well as information regarding the actual processing of personal data, 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, as well as the reasons why the controller thinks that this interest overrides the interests or fundamental rights and freedoms of the data subject, where the processing is based on point (f) of Article 6(1);
Amendment 447 #
Proposal for a regulation Article 14 – paragraph 1 – point c (c) the period for which the personal data will be stored, when it is feasible to name a precise period;
Amendment 453 #
Proposal for a regulation Article 14 – paragraph 1 – point e (e) the right to lodge a complaint to the supervisory authority a
Amendment 454 #
Proposal for a regulation Article 14 – paragraph 1 – point f (f) the recipients
Amendment 455 #
Proposal for a regulation Article 14 – paragraph 1 – point g a (new) (ga) where the controller processes personal data as described in Article 20(1), information about the existence of processing for a measure of the kind referred to in Article 20(1) and the intended effects of such processing on the data subject;
Amendment 456 #
Proposal for a regulation Article 14 – paragraph 1 – point g b (new) (gb) information regarding specific security measures taken to protect personal data;
Amendment 457 #
Proposal for a regulation Article 14 – paragraph 1 – point h (h) any
Amendment 459 #
Proposal for a regulation Article 14 – paragraph 3 3. Where the personal data are not collected from the data subject, the controller shall inform the data subject, in addition to the information referred to in paragraph 1, from which source the personal data originate, except where the data originates from a publicly available source.
Amendment 465 #
Proposal for a regulation Article 14 – paragraph 8 8. The Commission
Amendment 466 #
Proposal for a regulation Article 15 – paragraph 1 – introductory part 1. The data subject shall have the right to obtain from the controller at any time, on request, in clear and plain language, confirmation as to whether or not personal data relating to the data subject are being processed, and as to whether the controller takes measures in respect of the data subject that are based on profiles as referred to in Article 20(1). This shall also apply to data which only permit singling out, where the data subject can verifiably authentify him/herself. Where such personal data are being processed, and/or such measures are taken, the controller shall provide the following information:
Amendment 468 #
Proposal for a regulation Article 15 – paragraph 1 – point c (c) the recipients
Amendment 471 #
Proposal for a regulation Article 15 – paragraph 1 – point f (f) the right to lodge a complaint to the supervisory authority and the contact
Amendment 473 #
Proposal for a regulation Article 15 – paragraph 1 – point h a (new) (ha) in the case of measures based on profiles, meaningful information about the logic about the logic used in the profiling;
Amendment 474 #
Proposal for a regulation Article 15 – paragraph 1 – point h b (new) (hb) where applicable, in what manner and for what specific purposes the data will be processed for statistical purposes and how will be ensured that data enabling the attribution of information to an identified or identifiable data subject is kept separately from the other information;
Amendment 478 #
Proposal for a regulation Article 16 – paragraph 1 The data subject
Amendment 482 #
Proposal for a regulation Article 17 – paragraph 1 – introductory part 1. The data subject
Amendment 484 #
Proposal for a regulation Article 17 – paragraph 1 – point b (b) the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or when the storage period consented to has expired, and where there
Amendment 490 #
Proposal for a regulation Article 17 – paragraph 2 Amendment 494 #
Proposal for a regulation Article 17 – paragraph 3 – introductory part 3. The controller shall carry out the erasure without delay and regardless of the effort required, except to the extent that the retention of the personal data is necessary:
Amendment 498 #
Proposal for a regulation Article 17 – paragraph 3 – point d (d) for compliance with a legal obligation to retain the personal data by Union or Member State law to which the controller is subject; Member State laws shall
Amendment 504 #
Proposal for a regulation Article 18 – paragraph 1 1. The data subject
Amendment 507 #
Proposal for a regulation Article 18 – paragraph 2 2. Where the data subject has provided the personal data
Amendment 509 #
Proposal for a regulation Article 18 – paragraph 2 a (new) 2a. This right is without prejudice to the obligation to delete data when they are no longer necessary under Article 5(e).
Amendment 517 #
Proposal for a regulation Article 19 – paragraph 1 1. The data subject
Amendment 518 #
Proposal for a regulation Article 19 – paragraph 2 2. Where personal data are processed for direct marketing purposes or where processing is based on Article 6(1)(f), 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, using clear and plain language, adapted to the data subject, in particular for any information addressed specifically to a child, and shall be clearly distinguishable from other information.
Amendment 527 #
Proposal for a regulation Article 20 – paragraph 1 1. Every natural person shall have the right, both off-line and online, not to be subject to a measure which produces legal effects concerning this natural person or significantly affects this natural person, and which is based solely on automated processing intended to evaluate certain personal aspects relating to this natural person or to analyse or predict in particular the natural person's performance at work, economic situation, location, health, personal preferences, reliability or behaviour.
Amendment 535 #
Proposal for a regulation Article 20 – paragraph 2 – introductory part 2. Subject to the other provisions of this Regulation, including paragraphs (3) and (4), a person may be subjected to a measure of the kind referred to in paragraph 1 only if the processing:
Amendment 538 #
Proposal for a regulation Article 20 – paragraph 2 – point a (a) is
Amendment 541 #
Proposal for a regulation Article 20 – paragraph 2 – point b (b) is expressly authorized by a Union or Member State law which also lays down suitable measures to safeguard the data subject's legitimate interests, and which protects the data subjects against possible discrimination resulting from measures described in paragraph 1; or
Amendment 545 #
Proposal for a regulation Article 20 – paragraph 2 – point c (c) is based on the data subject's consent, subject to the conditions laid down in Article 7 and to suitable safeguards, including effective protection against possible discrimination resulting from measures described in paragraph 1.
Amendment 550 #
Proposal for a regulation Article 20 – paragraph 3 3. Automated processing of personal data intended to evaluate certain personal aspects relating to a natural person shall not
Amendment 551 #
Proposal for a regulation Article 20 – paragraph 3 a (new) 3a. Profiling that (whether intentionally or otherwise) has the effect of discriminating against individuals on the basis of race or ethnic origin, political opinions, religion or beliefs, trade union membership, or sexual orientation, or that (whether intentionally or otherwise) result in measures which have such effect, shall be prohibited.
Amendment 552 #
Proposal for a regulation Article 20 – paragraph 3 b (new) 3b. Automated processing of personal data intended to evaluate certain personal aspects relating to a natural person shall not be used to identify or individualise children.
Amendment 555 #
Proposal for a regulation Article 20 – paragraph 4 4. In the cases referred to in paragraph 2, the information to be provided by the controller under Article 14 and 15 shall include information as to the existence of processing for a measure of the kind referred to in paragraph 1 and the envisaged effects of such processing on the data subject, as well as the access to the logic underpinning the data undergoing processing.
Amendment 560 #
Proposal for a regulation Article 20 – paragraph 5 5.
Amendment 561 #
Proposal for a regulation Article 21 – paragraph 1 – introductory part 1. Union or Member State law may restrict by way of a legislative measure the scope of the obligations and rights provided for in points (a) to (e) of Article 5 and Articles 11 to
Amendment 564 #
Proposal for a regulation Article 21 – paragraph 1 – point c (c) other important public interests of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, including monetary, budgetary and taxation matters
Amendment 565 #
Proposal for a regulation Article 21 – paragraph 1 – point e Amendment 567 #
Proposal for a regulation Article 21 – paragraph 2 2. In particular, any legislative measure referred to in paragraph 1 must comply with the standards of necessity and proportionality and shall contain specific provisions at least as to: (a) the objectives to be pursued by the processing
Amendment 569 #
Proposal for a regulation Article 21 – paragraph 2 a (new) 2a. Legislative measures referred to in paragraph 1 shall not impose obligations on private controllers to retain data additional to those strictly necessary for the original purpose.
Amendment 570 #
Proposal for a regulation Article 21 – paragraph 2 b (new) 2b. Legislative measures referred to in paragraph 1 shall be notified to the European Data Protection Board for opinion. If the European Data Protection Board considers that the notified measure does not comply with the requirements of paragraph 2, it shall inform the Commission. The Commission shall then consider launching the procedure established under Article 258 of the Treaty on the Functioning of the European Union.
Amendment 581 #
Proposal for a regulation Article 22 – paragraph 2 – point d (d) complying with the requirements for prior authorisation or prior consultation of the supervisory authority
Amendment 585 #
Proposal for a regulation Article 22 – paragraph 2 – point e a (new) (ea) establishing and documenting the measures referred to in Article 11.
Amendment 587 #
Proposal for a regulation Article 22 – paragraph 3 a (new) 3a. The controller shall make public a summary of the measures referred to in paragraphs 1 and 2.
Amendment 590 #
Proposal for a regulation Article 22 – paragraph 4 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of specifying any further
Amendment 591 #
Proposal for a regulation Article 23 – title Data protection by de
Amendment 593 #
Proposal for a regulation Article 23 – paragraph 1 1. Having regard to the state of the art and the cost of implementation, the controller shall, both at the time of the determination of the means for processing and at the time of the processing itself, implement appropriate
Amendment 599 #
Proposal for a regulation Article 23 – paragraph 2 2. The controller shall implement mechanisms for ensuring that, by default, only those personal data are processed which are necessary for each specific purpose of the processing and are especially not collected or retained beyond the minimum necessary for those purposes, both in terms of the amount of the data and the time of their storage. This shall be ensured using technical and/or organisational measures, as appropriate. In particular, those mechanisms shall ensure that by default personal data are not made accessible to an indefinite number of individuals and that data subjects can control the distribution of their personal data.
Amendment 605 #
Proposal for a regulation Article 23 – paragraph 3 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of specifying any further criteria and requirements for appropriate measures and mechanisms referred to in paragraph 1 and 2, in particular for the requirements of data protection by design
Amendment 608 #
Proposal for a regulation Article 23 – paragraph 4 4. The Commission may
Amendment 611 #
Proposal for a regulation Article 25 – paragraph 2 – point a Amendment 612 #
Proposal for a regulation Article 25 – paragraph 2 – point b (b) an enterprise
Amendment 613 #
Proposal for a regulation Article 25 – paragraph 4 4. The designation of a representative by the controller shall be without prejudice to legal actions which could be
Amendment 634 #
Proposal for a regulation Article 26 – paragraph 2 – point h a (new) (ha) take into account the principle of data protection by design.
Amendment 638 #
Proposal for a regulation Article 26 – paragraph 5 Amendment 648 #
Proposal for a regulation Article 28 – paragraph 2 – point c (c) the purposes of the processing, including the legitimate interests pursued by the controller
Amendment 657 #
Proposal for a regulation Article 28 – paragraph 4 – point b (b) an enterprise or an organisation
Amendment 667 #
Proposal for a regulation Article 30 – paragraph 2 2. The controller and the processor shall, following an evaluation of the risks, take the measures referred to in paragraph 1 to protect personal data against accidental or unlawful destruction or accidental loss and to prevent any unlawful forms of processing, in particular any unauthorised disclosure, dissemination or access, or alteration of personal data. Where a controller has carried a data protection impact assessment pursuant to Article 33, the results of this assessment shall be taken into account in the evaluation of the risks.
Amendment 680 #
Proposal for a regulation Article 31 – paragraph 4 a (new) 4a. The supervisory authority shall keep a public register of the types of breaches notified.
Amendment 683 #
Proposal for a regulation Article 32 – paragraph 1 1. When the personal data breach is likely to adversely or seriously affect the protection of the personal data or privacy of the data subject, the controller shall, after the notification referred to in Article 31, communicate the personal data breach to the data subject without undue delay.
Amendment 684 #
Proposal for a regulation Article 32 – paragraph 2 2. The communication to the data subject referred to in paragraph 1 shall describe the nature of the personal data breach and contain at least the information and the recommendations provided for in points (
Amendment 688 #
Proposal for a regulation Article 32 – paragraph 5 5. The Commission shall be empowered to adopt, after consulting the European Data Protection Board, delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements as to the circumstances in which a personal data breach is likely to adversely affect the personal data referred to in paragraph 1.
Amendment 698 #
Proposal for a regulation Article 33 – paragraph 2 – point a (a) a systematic and extensive evaluation of personal aspects relating to a natural person or for analysing or predicting in particular the natural person's economic situation, location, health, personal preferences, reliability or behaviour, which is based on automated processing and on which measures are based that produce legal effects concerning the individual or significantly affect the individual, including any further processing operation of the kind referred to in Article 20(1) of this Regulation;
Amendment 701 #
Proposal for a regulation Article 33 – paragraph 2 – point b (b) information on sex life, health, race and ethnic origin or for the provision of health care, epidemiological researches, or surveys of mental or infectious diseases, where the data are processed for taking measures or decisions regarding specific individuals
Amendment 702 #
Proposal for a regulation Article 33 – paragraph 2 – point c (c) monitoring publicly accessible areas, especially when using optic-electronic devices (video surveillance)
Amendment 703 #
Proposal for a regulation Article 33 – paragraph 2 – point d (d) personal data in
Amendment 705 #
Proposal for a regulation Article 33 – paragraph 3 3. The assessment shall contain at least a general description of the envisaged processing operations, an assessment of the risks to the rights and freedoms of data subjects, including in particular the risk of discrimination being embedded in or reinforced by the operation, the measures envisaged to address the risks, safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this Regulation, taking into account the rights and legitimate interests of data subjects and other persons concerned.
Amendment 708 #
Proposal for a regulation Article 33 – paragraph 4 4. The controller shall
Amendment 714 #
Proposal for a regulation Article 33 – paragraph 7 7.
Amendment 717 #
Proposal for a regulation Article 34 – paragraph 1 1. The controller or the processor as the case may be shall obtain an authorisation from the supervisory authority prior to the processing of personal data, in order to ensure the compliance of the intended processing with this Regulation and in particular to mitigate the risks involved for the data subjects: (a) where a controller performs any processing operation of the kind referred to in Article 20(1) of this Regulation in relation to minors; (b) where a controller or processor adopts contractual clauses as provided for in point (d) of Article 42(2)
Amendment 722 #
Proposal for a regulation Article 34 – paragraph 2 – introductory part 2. The controller or processor acting on the controller's behalf shall consult the supervisory authority prior to the processing of any personal data in order to ensure the compliance of the intended processing with this Regulation and in particular to mitigate the risks involved for the data subjects where:
Amendment 723 #
Proposal for a regulation Article 34 – paragraph 2 – point a (a) a data protection impact assessment as provided for in Article 33 indicates that processing operations are by virtue of their nature, their scope or their purposes, likely to present a high degree of specific risks, including in particular the risk that the operations may have a discriminatory impact; or
Amendment 724 #
Proposal for a regulation Article 34 – paragraph 2 – point a a (new) (aa) The supervisory authority shall seek the views of representatives of the data subjects and of the Data Protection Board on the intended processing;
Amendment 728 #
Proposal for a regulation Article 34 – paragraph 3 a (new) (3a) Where the supervisory authority is of the opinion that the intended processing may pose a risk of discriminatory treatment of data subjects, it shall order that the actual effects of the processing shall be monitored for such effects, and that it shall be provided with all the necessary information to assess this, at regular intervals.
Amendment 736 #
Proposal for a regulation Article 35 – paragraph 1 – point b (b) the processing is carried out by an enterprise
Amendment 756 #
Proposal for a regulation Article 37 – paragraph 1 – point c (c) to monitor the implementation and application of this Regulation, in particular as to the requirements related to data protection by design
Amendment 757 #
Proposal for a regulation Article 37 – paragraph 1 – point d (d) to ensure that the full documentation referred to in Article 28 is maintained;
Amendment 758 #
Proposal for a regulation Article 37 – paragraph 1 – point e (e) to
Amendment 759 #
Proposal for a regulation Article 37 – paragraph 1 – point g (g) to
Amendment 764 #
Proposal for a regulation Article 40 – paragraph 1 Any transfer of personal data which are undergoing processing or are intended for processing after transfer to a third country or to an international organisation
Amendment 766 #
Proposal for a regulation Article 41 – paragraph 1 1. A transfer may take place where the Commission has decided that the third country, or a territory or a processing sector within that third country, or the international organisation in question ensures an adequate level of protection. Such transfer shall not require any further authorisation. Such decisions shall not affect the level of protection under this Regulation.
Amendment 767 #
Proposal for a regulation Article 41 – paragraph 2 – point a (a) the rule of law, relevant legislation in force, both general and sectoral, including concerning public security, defence, national security and criminal law, as well as the implementation of this legislation, the professional rules and security measures which are complied with in that country or by that international organisation, as well as effective and enforceable rights including effective administrative and judicial redress for data subjects, in particular for those data subjects residing in the Union whose personal data are being transferred;
Amendment 768 #
Proposal for a regulation Article 41 – paragraph 2 – point a a (new) (aa) The Commission shall request the European Data Protection Board to provide an opinion on the adequacy of the level of protection. To this end, the Commission shall provide the European Data Protection Board with all necessary documentation, including correspondence with the government of the third country or the international organisation;
Amendment 769 #
Proposal for a regulation Article 41 – paragraph 3 3. The Commission may decide that a third country, or a territory or a processing sector within that third country, or an international organisation ensures an adequate level of protection within the meaning of paragraph 2, taking the opinion of the European Data Protection Board into utmost account. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 770 #
Proposal for a regulation Article 41 – paragraph 4 a (new) (4a) The Commission shall, on an ongoing basis, monitor developments that could affect the fulfilment of the elements listed in paragraph 2 in third countries and international organisations concerning which a decision pursuant to paragraph 3 has been adopted.
Amendment 771 #
Proposal for a regulation Article 41 – paragraph 4 b (new) (4b) If the Commission has grounds to believe, either because of the monitoring pursuant to paragraph 4a or any other source, that a country or international organisation concerning which a decision pursuant to paragraph 3 has been adopted no longer provides an adequate level of protection within the meaning of paragraph 2, it shall review this decision.
Amendment 773 #
Proposal for a regulation Article 41 – paragraph 6 6. Where the Commission decides pursuant to paragraph 5, any transfer of personal data to the third country, or a territory or a processing sector within that third country, or the international organisation in question shall be prohibited,
Amendment 776 #
Proposal for a regulation Article 42 – paragraph 1 1. Where the Commission has taken no decision pursuant to Article 41, a controller or processor may transfer personal data to a third country or an international organisation only if the controller or processor has adduced appropriate safeguards with respect to the protection of personal data in a legally binding instrument. These safeguards shall, at least, guarantee the observance of the principles of personal data processing as established in Article 5 and guarantee data subject rights as established in Chapter III.
Amendment 783 #
Proposal for a regulation Article 42 – paragraph 3 Amendment 785 #
Proposal for a regulation Article 42 – paragraph 4 4.
Amendment 789 #
Proposal for a regulation Article 42 – paragraph 5 5.
Amendment 792 #
Proposal for a regulation Article 43 – paragraph 1 – point b (b) expressly confer enforceable rights on data subjects and are transparent for data subjects;
Amendment 794 #
Proposal for a regulation Article 43 – paragraph 2 – point d (d) the general data protection principles, in particular purpose limitation, data minimisation, limited retention periods, data quality, legal basis for the processing, processing of sensitive personal data; measures to ensure data security; and the requirements for onward transfers to organisations which are not bound by the policies;
Amendment 795 #
Proposal for a regulation Article 43 – paragraph 3 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for binding corporate rules within the meaning of this Article, in particular as regards the criteria for their approval, including transparency for data subjects, the application of points (b), (d), (e) and (f) of paragraph 2 to binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned.
Amendment 797 #
Proposal for a regulation Article 44 – paragraph 1 – point g (g) the transfer is made from a register which according to Union or Member State law is intended to provide information to the public and which is open to consultation either by the public in general or by any person who can demonstrate legitimate interest, to the extent that the conditions laid down in Union or Member State law for consultation are fulfilled in the particular case
Amendment 798 #
Proposal for a regulation Article 44 – paragraph 1 – point h Amendment 800 #
Proposal for a regulation Article 44 – paragraph 3 Amendment 801 #
Proposal for a regulation Article 44 – paragraph 4 4. Points (b)
Amendment 802 #
Proposal for a regulation Article 44 – paragraph 5 5. The public interest referred to in point (d) of paragraph 1 must be recognised in Union law or in the law of the Member State to which the controller is subject. This derogation shall only be used for occasional transfers. In each and every case, a careful assessment of all circumstances of the transfer needs to be carried out.
Amendment 803 #
Proposal for a regulation Article 44 – paragraph 6 Amendment 804 #
Proposal for a regulation Article 44 a (new) Article 44 a Disclosures not authorised by Union law 1. No judgment of a court or tribunal and no decision of an administrative authority of a third country requiring a controller or processor to disclose personal data shall be recognised or be enforceable in any manner, without prejudice to a mutual assistance treaty or an international agreement in force between the requesting third country and the Union or a Member State. 2. Where a judgment of a court or tribunal or a decision of an administrative authority of a third country requests a controller or processor to disclose personal data, the controller or processor and, if any, the controller's representative, shall notify the supervisory authority of the request without undue delay and must obtain prior authorisation for the transfer by the supervisory authority in accordance with point (d) of Article 34(1). 3. The supervisory authority shall assess the compliance of the requested disclosure with the Regulation and in particular whether the disclosure is necessary and legally required in accordance with points (d) and (e) of paragraph 1 and paragraph 5 of Article 44. 4. The supervisory authority shall inform the competent national authority of the request. The controller or processor shall also inform the data subject of the request and of the authorisation by the supervisory authority. 5. The Commission may lay down the standard format of the notifications to the supervisory authority referred to in paragraph 2 and the information of the data subject referred to in paragraph 4 as well as the procedures applicable to the notification and information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 807 #
Proposal for a regulation Article 48 – paragraph 1 1. Member States shall provide that the members of the supervisory authority must be appointed
Amendment 813 #
Proposal for a regulation Article 52 – paragraph 1 – point j a (new) (ja) develop guidelines on the use of enforcement powers, where necessary coordinated at the level of the European Data Protection Board.
Amendment 821 #
Proposal for a regulation Article 56 – paragraph 2 2. In cases where data subjects in several Member States are likely to be affected by processing operations, a supervisory authority of each of those Member States shall
Amendment 831 #
Proposal for a regulation Article 58 – paragraph 2 – point f a (new) (fa) permits processing for research purposes in accordance with Article 81(3) and/or Article 83(3). permits processing for research purposes in accordance with Article 81(3) and/or Article 83(3).
Amendment 834 #
Proposal for a regulation Article 58 – paragraph 6 6. The chair of the European Data Protection Board shall
Amendment 836 #
Proposal for a regulation Article 58 – paragraph 7 7. The European Data Protection Board shall issue an opinion on the matter, if the European Data Protection Board so decides by simple majority of its members or any supervisory authority or the Commission so requests within one week after the relevant information has been provided according to paragraph 5. The opinion shall be adopted within
Amendment 839 #
Proposal for a regulation Article 59 – paragraph 2 2. Where the Commission has adopted an opinion in accordance with paragraph 1, the supervisory authority concerned shall take
Amendment 844 #
Proposal for a regulation Article 62 – paragraph 1 – subparagraph 1 – point a Amendment 846 #
Proposal for a regulation Article 66 – paragraph 1 – point a (a) advise the
Amendment 848 #
Proposal for a regulation Article 66 – paragraph 1 – point e (e) promote the co-operation and the effective bilateral and multilateral exchange of information and practices between the supervisory authorities, including the coordination of joint operations and other common activities, where it so decides upon request of one or several supervisory authorities;
Amendment 853 #
Proposal for a regulation Article 73 – paragraph 3 3. Independently of a data subject's complaint, any body, organisation or association referred to in paragraph 2 shall have the right to lodge a complaint with a supervisory authority in any Member State, if it considers that a personal data breach has occurred or when it considers that a controller has breached its obligations under Article 23.
Amendment 856 #
Proposal for a regulation Article 75 – paragraph 2 2. Proceedings against a controller or a processor
Amendment 859 #
Proposal for a regulation Article 76 – paragraph 1 1. Any body, organisation or association referred to in Article 73(2) shall have the right to exercise the rights referred to in Articles 74, 75 and 7
Amendment 860 #
Proposal for a regulation Article 77 – paragraph 1 1. Any person who has suffered
Amendment 863 #
Proposal for a regulation Article 77 – paragraph 2 2. Where more than one controller or processor is involved in the processing, each controller or processor shall be jointly and severally liable for the entire amount of the damage. In the case of a group of undertakings, the entire group shall be liable as a single economic entity.
Amendment 876 #
Proposal for a regulation Article 79 – paragraph 6 – introductory part 6. The supervisory authority shall impose a fine up to 1 000 000 EUR or, in case of an enterprise up to
Amendment 877 #
Proposal for a regulation Article 80 – paragraph 1 1. Member States shall provide for exemptions or derogations from the provisions on the general principles in Chapter II, the rights of the data subject in Chapter III, on controller and processor in Chapter IV, on the transfer of personal data to third countries and international organisations in Chapter V, the independent supervisory authorities in Chapter VI and on co-operation and consistency in Chapter VII
Amendment 879 #
Proposal for a regulation Article 80 – paragraph 1 a (new) (1a) The European Data Protection Board shall issue guidance on when such exemptions or derogations may be necessary, after consultation with representatives of the press, authors and artists, data subjects and relevant civil society organisations.
Amendment 880 #
Proposal for a regulation Article 80 a (new) Article 80 a Processing of personal data and the principle of public access to official documents Personal data in documents held by a public authority or a public body may be disclosed by this authority or body in accordance with Member State legislation regarding public access to official documents, which reconciles the right to the protection of personal data with the principle of public access to official documents.
Amendment 882 #
Proposal for a regulation Article 81 – paragraph 1 – introductory part 1. With
Amendment 891 #
Proposal for a regulation Article 83 – paragraph 1 – introductory part 1. Within the limits of this Regulation, personal data not falling within the categories of data covered by Articles 8 and 9 of the Regulation may be processed for historical, statistical or scientific research purposes only if:
Amendment 898 #
Proposal for a regulation Article 83 – paragraph 1 – point a a (new) (aa) Subject only to the exception in paragraph (3), data falling within the categories of data covered by Articles 8 and 9 of the Regulation may be processed for historical, statistical or scientific research only with the consent of the data subjects, given in accordance with Article 4(8).
Amendment 900 #
Proposal for a regulation Article 83 – paragraph 1 – point b a (new) (ba) Member States may by law provide for exceptions to the requirement of consent for research, stipulated in paragraph (2), with regard to research that serves exceptionally high public interests, if that research cannot possibly be carried out otherwise. The data in question shall be anonymised or pseudonymised to the highest possible standards, and all possible measures shall be taken to prevent re-identification of the data subjects. Such processing shall be subject to prior authorisation of the relevant national supervisory authority or authorities, in accordance with Article 34(1) of this Regulation, and to the Consistency Mechanism provided for in Chapter VII, Section 2, of this Regulation.
Amendment 904 #
Proposal for a regulation Article 83 – paragraph 2 – introductory part 2. Bodies conducting historical, statistical or scientific research may publish or otherwise publicly disclose personal data only
Amendment 908 #
Proposal for a regulation Article 83 a (new) Article 83 a Processing of criminal convictions data for the purpose of the prevention of financial crime Within all the limits of this Regulation, and in accordance with point (j) of Article 9(2), for the purpose of exercising the specific rights of controllers expressed in point (b) of Article 9(2) where the criteria of public interest from point (g) of Article 9(2) are fulfilled, processing of personal data concerning criminal convictions or related security measures shall be permitted if it provides for appropriate measures to protect the data subject's fundamental rights and freedoms and the aim of the processing can be demonstrated to significantly derogate from the exception already established in Article 21(d) of this regulation, and: a) assist in the prevention, investigation or detection of financial crime by public authorities, or b) provide support to public authorities engaged in the prevention of financial crime of a cross-border nature, and will, in these cases and subject to prior approval by a competent data protection authority, be carried out based on historical consent of the data subject even after such consent may have been withdrawn and without prejudice to the right to erasure codified in Article 17. Where a data controller has obtained permission from the competent public authority for such processing, the data subject shall be informed that a permission is obtained in accordance with the obligations laid down in Article 14. The right of rectification will prevail in these circumstances.
Amendment 909 #
Proposal for a regulation Article 84 – paragraph 1 1. With
Amendment 912 #
Proposal for a regulation Article 85 – paragraph 2 2. Churches and religious associations which apply comprehensive rules in accordance with paragraph 1 shall
source: PE-502.055
2013/09/01
ITRE
66 amendments...
Amendment 698 #
Proposal for a regulation Article 33 – paragraph 2 – point a (a) a systematic and extensive evaluation of personal aspects relating to a natural person or for analysing or predicting in particular the natural person's economic situation, location, health, personal preferences, reliability or behaviour, which is based on automated processing and on which measures are based that produce legal effects concerning the individual or significantly affect the individual, including any further processing operation of the kind referred to in Article 20(1) of this Regulation;
Amendment 701 #
Proposal for a regulation Article 33 – paragraph 2 – point b (b) information on sex life, health, race and ethnic origin or for the provision of health care, epidemiological researches, or surveys of mental or infectious diseases, where the data are processed for taking measures or decisions regarding specific individuals
Amendment 702 #
Proposal for a regulation Article 33 – paragraph 2 – point c (c) monitoring publicly accessible areas, especially when using optic-electronic devices (video surveillance)
Amendment 703 #
Proposal for a regulation Article 33 – paragraph 2 – point d (d) personal data in
Amendment 705 #
Proposal for a regulation Article 33 – paragraph 3 3. The assessment shall contain at least a general description of the envisaged processing operations, an assessment of the risks to the rights and freedoms of data subjects, including in particular the risk of discrimination being embedded in or reinforced by the operation, the measures envisaged to address the risks, safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this Regulation, taking into account the rights and legitimate interests of data subjects and other persons concerned.
Amendment 708 #
Proposal for a regulation Article 33 – paragraph 4 4. The controller shall
Amendment 714 #
Proposal for a regulation Article 33 – paragraph 7 7.
Amendment 717 #
Proposal for a regulation Article 34 – paragraph 1 1. The controller or the processor as the case may be shall obtain an authorisation from the supervisory authority prior to the processing of personal data, in order to ensure the compliance of the intended processing with this Regulation and in particular to mitigate the risks involved for the data subjects: (a) where a controller performs any processing operation of the kind referred to in Article 20(1) of this Regulation in relation to minors; (b) where a controller or processor adopts contractual clauses as provided for in point (d) of Article 42(2)
Amendment 722 #
Proposal for a regulation Article 34 – paragraph 2 – introductory part 2. The controller or processor acting on the controller's behalf shall consult the supervisory authority prior to the processing of any personal data in order to ensure the compliance of the intended processing with this Regulation and in particular to mitigate the risks involved for the data subjects where:
Amendment 723 #
Proposal for a regulation Article 34 – paragraph 2 – point a (a) a data protection impact assessment as provided for in Article 33 indicates that processing operations are by virtue of their nature, their scope or their purposes, likely to present a high degree of specific risks, including in particular the risk that the operations may have a discriminatory impact; or
Amendment 724 #
Proposal for a regulation Article 34 – paragraph 2 – point a a (new) (aa) The supervisory authority shall seek the views of representatives of the data subjects and of the Data Protection Board on the intended processing;
Amendment 728 #
Proposal for a regulation Article 34 – paragraph 3 a (new) (3a) Where the supervisory authority is of the opinion that the intended processing may pose a risk of discriminatory treatment of data subjects, it shall order that the actual effects of the processing shall be monitored for such effects, and that it shall be provided with all the necessary information to assess this, at regular intervals.
Amendment 736 #
Proposal for a regulation Article 35 – paragraph 1 – point b (b) the processing is carried out by an enterprise
Amendment 756 #
Proposal for a regulation Article 37 – paragraph 1 – point c (c) to monitor the implementation and application of this Regulation, in particular as to the requirements related to data protection by design
Amendment 757 #
Proposal for a regulation Article 37 – paragraph 1 – point d (d) to ensure that the full documentation referred to in Article 28 is maintained;
Amendment 758 #
Proposal for a regulation Article 37 – paragraph 1 – point e (e) to
Amendment 759 #
Proposal for a regulation Article 37 – paragraph 1 – point g (g) to
Amendment 764 #
Proposal for a regulation Article 40 – paragraph 1 Any transfer of personal data which are undergoing processing or are intended for processing after transfer to a third country or to an international organisation
Amendment 766 #
Proposal for a regulation Article 41 – paragraph 1 1. A transfer may take place where the Commission has decided that the third country, or a territory or a processing sector within that third country, or the international organisation in question ensures an adequate level of protection. Such transfer shall not require any further authorisation. Such decisions shall not affect the level of protection under this Regulation.
Amendment 767 #
Proposal for a regulation Article 41 – paragraph 2 – point a (a) the rule of law, relevant legislation in force, both general and sectoral, including concerning public security, defence, national security and criminal law, as well as the implementation of this legislation, the professional rules and security measures which are complied with in that country or by that international organisation, as well as effective and enforceable rights including effective administrative and judicial redress for data subjects, in particular for those data subjects residing in the Union whose personal data are being transferred;
Amendment 768 #
Proposal for a regulation Article 41 – paragraph 2 – point a a (new) (aa) The Commission shall request the European Data Protection Board to provide an opinion on the adequacy of the level of protection. To this end, the Commission shall provide the European Data Protection Board with all necessary documentation, including correspondence with the government of the third country or the international organisation;
Amendment 769 #
Proposal for a regulation Article 41 – paragraph 3 3. The Commission may decide that a third country, or a territory or a processing sector within that third country, or an international organisation ensures an adequate level of protection within the meaning of paragraph 2, taking the opinion of the European Data Protection Board into utmost account. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 770 #
Proposal for a regulation Article 41 – paragraph 4 a (new) (4a) The Commission shall, on an ongoing basis, monitor developments that could affect the fulfilment of the elements listed in paragraph 2 in third countries and international organisations concerning which a decision pursuant to paragraph 3 has been adopted.
Amendment 771 #
Proposal for a regulation Article 41 – paragraph 4 b (new) (4b) If the Commission has grounds to believe, either because of the monitoring pursuant to paragraph 4a or any other source, that a country or international organisation concerning which a decision pursuant to paragraph 3 has been adopted no longer provides an adequate level of protection within the meaning of paragraph 2, it shall review this decision.
Amendment 773 #
Proposal for a regulation Article 41 – paragraph 6 6. Where the Commission decides pursuant to paragraph 5, any transfer of personal data to the third country, or a territory or a processing sector within that third country, or the international organisation in question shall be prohibited,
Amendment 776 #
Proposal for a regulation Article 42 – paragraph 1 1. Where the Commission has taken no decision pursuant to Article 41, a controller or processor may transfer personal data to a third country or an international organisation only if the controller or processor has adduced appropriate safeguards with respect to the protection of personal data in a legally binding instrument. These safeguards shall, at least, guarantee the observance of the principles of personal data processing as established in Article 5 and guarantee data subject rights as established in Chapter III.
Amendment 783 #
Proposal for a regulation Article 42 – paragraph 3 Amendment 785 #
Proposal for a regulation Article 42 – paragraph 4 4.
Amendment 789 #
Proposal for a regulation Article 42 – paragraph 5 5.
Amendment 792 #
Proposal for a regulation Article 43 – paragraph 1 – point b (b) expressly confer enforceable rights on data subjects and are transparent for data subjects;
Amendment 794 #
Proposal for a regulation Article 43 – paragraph 2 – point d (d) the general data protection principles, in particular purpose limitation, data minimisation, limited retention periods, data quality, legal basis for the processing, processing of sensitive personal data; measures to ensure data security; and the requirements for onward transfers to organisations which are not bound by the policies;
Amendment 795 #
Proposal for a regulation Article 43 – paragraph 3 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for binding corporate rules within the meaning of this Article, in particular as regards the criteria for their approval, including transparency for data subjects, the application of points (b), (d), (e) and (f) of paragraph 2 to binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned.
Amendment 797 #
Proposal for a regulation Article 44 – paragraph 1 – point g (g) the transfer is made from a register which according to Union or Member State law is intended to provide information to the public and which is open to consultation either by the public in general or by any person who can demonstrate legitimate interest, to the extent that the conditions laid down in Union or Member State law for consultation are fulfilled in the particular case
Amendment 798 #
Proposal for a regulation Article 44 – paragraph 1 – point h Amendment 800 #
Proposal for a regulation Article 44 – paragraph 3 Amendment 801 #
Proposal for a regulation Article 44 – paragraph 4 4. Points (b)
Amendment 802 #
Proposal for a regulation Article 44 – paragraph 5 5. The public interest referred to in point (d) of paragraph 1 must be recognised in Union law or in the law of the Member State to which the controller is subject. This derogation shall only be used for occasional transfers. In each and every case, a careful assessment of all circumstances of the transfer needs to be carried out.
Amendment 803 #
Proposal for a regulation Article 44 – paragraph 6 Amendment 804 #
Proposal for a regulation Article 44 a (new) Article 44 a Disclosures not authorised by Union law 1. No judgment of a court or tribunal and no decision of an administrative authority of a third country requiring a controller or processor to disclose personal data shall be recognised or be enforceable in any manner, without prejudice to a mutual assistance treaty or an international agreement in force between the requesting third country and the Union or a Member State. 2. Where a judgment of a court or tribunal or a decision of an administrative authority of a third country requests a controller or processor to disclose personal data, the controller or processor and, if any, the controller's representative, shall notify the supervisory authority of the request without undue delay and must obtain prior authorisation for the transfer by the supervisory authority in accordance with point (d) of Article 34(1). 3. The supervisory authority shall assess the compliance of the requested disclosure with the Regulation and in particular whether the disclosure is necessary and legally required in accordance with points (d) and (e) of paragraph 1 and paragraph 5 of Article 44. 4. The supervisory authority shall inform the competent national authority of the request. The controller or processor shall also inform the data subject of the request and of the authorisation by the supervisory authority. 5. The Commission may lay down the standard format of the notifications to the supervisory authority referred to in paragraph 2 and the information of the data subject referred to in paragraph 4 as well as the procedures applicable to the notification and information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 807 #
Proposal for a regulation Article 48 – paragraph 1 1. Member States shall provide that the members of the supervisory authority must be appointed
Amendment 813 #
Proposal for a regulation Article 52 – paragraph 1 – point j a (new) (ja) develop guidelines on the use of enforcement powers, where necessary coordinated at the level of the European Data Protection Board.
Amendment 821 #
Proposal for a regulation Article 56 – paragraph 2 2. In cases where data subjects in several Member States are likely to be affected by processing operations, a supervisory authority of each of those Member States shall
Amendment 831 #
Proposal for a regulation Article 58 – paragraph 2 – point f a (new) (fa) permits processing for research purposes in accordance with Article 81(3) and/or Article 83(3). permits processing for research purposes in accordance with Article 81(3) and/or Article 83(3).
Amendment 834 #
Proposal for a regulation Article 58 – paragraph 6 6. The chair of the European Data Protection Board shall
Amendment 836 #
Proposal for a regulation Article 58 – paragraph 7 7. The European Data Protection Board shall issue an opinion on the matter, if the European Data Protection Board so decides by simple majority of its members or any supervisory authority or the Commission so requests within one week after the relevant information has been provided according to paragraph 5. The opinion shall be adopted within
Amendment 839 #
Proposal for a regulation Article 59 – paragraph 2 2. Where the Commission has adopted an opinion in accordance with paragraph 1, the supervisory authority concerned shall take
Amendment 844 #
Proposal for a regulation Article 62 – paragraph 1 – subparagraph 1 – point a Amendment 846 #
Proposal for a regulation Article 66 – paragraph 1 – point a (a) advise the
Amendment 848 #
Proposal for a regulation Article 66 – paragraph 1 – point e (e) promote the co-operation and the effective bilateral and multilateral exchange of information and practices between the supervisory authorities, including the coordination of joint operations and other common activities, where it so decides upon request of one or several supervisory authorities;
Amendment 853 #
Proposal for a regulation Article 73 – paragraph 3 3. Independently of a data subject's complaint, any body, organisation or association referred to in paragraph 2 shall have the right to lodge a complaint with a supervisory authority in any Member State, if it considers that a personal data breach has occurred or when it considers that a controller has breached its obligations under Article 23.
Amendment 856 #
Proposal for a regulation Article 75 – paragraph 2 2. Proceedings against a controller or a processor
Amendment 859 #
Proposal for a regulation Article 76 – paragraph 1 1. Any body, organisation or association referred to in Article 73(2) shall have the right to exercise the rights referred to in Articles 74, 75 and 7
Amendment 860 #
Proposal for a regulation Article 77 – paragraph 1 1. Any person who has suffered
Amendment 863 #
Proposal for a regulation Article 77 – paragraph 2 2. Where more than one controller or processor is involved in the processing, each controller or processor shall be jointly and severally liable for the entire amount of the damage. In the case of a group of undertakings, the entire group shall be liable as a single economic entity.
Amendment 876 #
Proposal for a regulation Article 79 – paragraph 6 – introductory part 6. The supervisory authority shall impose a fine up to 1 000 000 EUR or, in case of an enterprise up to
Amendment 877 #
Proposal for a regulation Article 80 – paragraph 1 1. Member States shall provide for exemptions or derogations from the provisions on the general principles in Chapter II, the rights of the data subject in Chapter III, on controller and processor in Chapter IV, on the transfer of personal data to third countries and international organisations in Chapter V, the independent supervisory authorities in Chapter VI and on co-operation and consistency in Chapter VII
Amendment 879 #
Proposal for a regulation Article 80 – paragraph 1 a (new) (1a) The European Data Protection Board shall issue guidance on when such exemptions or derogations may be necessary, after consultation with representatives of the press, authors and artists, data subjects and relevant civil society organisations.
Amendment 880 #
Proposal for a regulation Article 80 a (new) Article 80 a Processing of personal data and the principle of public access to official documents Personal data in documents held by a public authority or a public body may be disclosed by this authority or body in accordance with Member State legislation regarding public access to official documents, which reconciles the right to the protection of personal data with the principle of public access to official documents.
Amendment 882 #
Proposal for a regulation Article 81 – paragraph 1 – introductory part 1. With
Amendment 891 #
Proposal for a regulation Article 83 – paragraph 1 – introductory part 1. Within the limits of this Regulation, personal data not falling within the categories of data covered by Articles 8 and 9 of the Regulation may be processed for historical, statistical or scientific research purposes only if:
Amendment 898 #
Proposal for a regulation Article 83 – paragraph 1 – point a a (new) (aa) Subject only to the exception in paragraph (3), data falling within the categories of data covered by Articles 8 and 9 of the Regulation may be processed for historical, statistical or scientific research only with the consent of the data subjects, given in accordance with Article 4(8).
Amendment 900 #
Proposal for a regulation Article 83 – paragraph 1 – point b a (new) (ba) Member States may by law provide for exceptions to the requirement of consent for research, stipulated in paragraph (2), with regard to research that serves exceptionally high public interests, if that research cannot possibly be carried out otherwise. The data in question shall be anonymised or pseudonymised to the highest possible standards, and all possible measures shall be taken to prevent re-identification of the data subjects. Such processing shall be subject to prior authorisation of the relevant national supervisory authority or authorities, in accordance with Article 34(1) of this Regulation, and to the Consistency Mechanism provided for in Chapter VII, Section 2, of this Regulation.
Amendment 904 #
Proposal for a regulation Article 83 – paragraph 2 – introductory part 2. Bodies conducting historical, statistical or scientific research may publish or otherwise publicly disclose personal data only
Amendment 908 #
Proposal for a regulation Article 83 a (new) Article 83 a Processing of criminal convictions data for the purpose of the prevention of financial crime Within all the limits of this Regulation, and in accordance with point (j) of Article 9(2), for the purpose of exercising the specific rights of controllers expressed in point (b) of Article 9(2) where the criteria of public interest from point (g) of Article 9(2) are fulfilled, processing of personal data concerning criminal convictions or related security measures shall be permitted if it provides for appropriate measures to protect the data subject's fundamental rights and freedoms and the aim of the processing can be demonstrated to significantly derogate from the exception already established in Article 21(d) of this regulation, and: a) assist in the prevention, investigation or detection of financial crime by public authorities, or b) provide support to public authorities engaged in the prevention of financial crime of a cross-border nature, and will, in these cases and subject to prior approval by a competent data protection authority, be carried out based on historical consent of the data subject even after such consent may have been withdrawn and without prejudice to the right to erasure codified in Article 17. Where a data controller has obtained permission from the competent public authority for such processing, the data subject shall be informed that a permission is obtained in accordance with the obligations laid down in Article 14. The right of rectification will prevail in these circumstances.
Amendment 909 #
Proposal for a regulation Article 84 – paragraph 1 1. With
Amendment 912 #
Proposal for a regulation Article 85 – paragraph 2 2. Churches and religious associations which apply comprehensive rules in accordance with paragraph 1 shall
source: PE-502.174
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2012/0180(COD) Collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market
2013/05/08
INTA
96 amendments...
Amendment 16 #
Proposal for a directive Recital 1 (1) The directives which have been adopted in the area of copyright and related rights already provide a high level of protection for rightholders and thereby for a framework where the exploitation of content protected by these rights can take place.
Amendment 18 #
Proposal for a directive Recital 2 (2) The dissemination of content which is protected by copyright and related rights and the linked services, including books, audiovisual productions and recorded music require the licensing of rights by different holders of copyright and related rights, such as authors, performers, producers and publishers. It is normally for the rightholders to choose between the individual or collective management of their rights. Management of copyright and related rights includes the granting of licences to users, the auditing of licensees and monitoring of the use of rights, the enforcement of copyright and related rights, the collection of rights revenue derived from the exploitation of rights and the distribution of the amounts due to rightholders. Collecti
Amendment 19 #
Proposal for a directive Recital 3 (3) When established in the Union, collecting societies – as service providers – must comply with the national requirements pursuant to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market which seeks to create a legal framework for ensuring the freedom of establishment and the free movement of services between the Member States.
Amendment 20 #
Proposal for a directive Recital 4 (4) There are significant differences in the national rules governing the functioning of collecti
Amendment 21 #
Proposal for a directive Recital 4 (4) There are significant differences in the national rules governing the functioning of collecting societies, in particular as regards their transparency and accountability towards their members
Amendment 23 #
Proposal for a directive Recital 9 (9) Having the freedom to provide and to receive collective management services across national borders entails that rightholders are able to freely choose the collecting society for the management of their rights, such as public performance or broadcasting rights, or categories of rights, such as interactive communication to the public, provided the collecting society already manages such rights or categories of rights. This implies that rightholders can easily withdraw their rights or categories of rights from a collecting society and entrust or transfer all or part of them to another collecting society or another entity irrespective of the Member State of residence or the nationality of either the collecting society or the rightholder. Collecting societies managing different types of works and other subject matter, such as literary, musical or photographic works, should also allow this flexibility to rightholders as regards the management of works, different types of works and other subject matter. Collecting societies should inform rightholders of this choice and allow them to exercise it as easily as possible. Finally, this Directive should not prejudice the possibilities of rightholders to manage their rights individually, including for non-
Amendment 24 #
Proposal for a directive Recital 12 (12)
Amendment 25 #
Proposal for a directive Recital 12 (12)
Amendment 27 #
Proposal for a directive Recital 13 (13) Members should be allowed to take part in monitoring the management of collecti
Amendment 28 #
Proposal for a directive Recital 13 (13) Members should be allowed to take part in monitoring the management of collecting societies. To this end, collecting societies should establish a supervisory function appropriate to their organisational structure and allow all categories of members to be represented in the body that exercises this
Amendment 29 #
Proposal for a directive Recital 14 (14) For reasons of sound management, a collecti
Amendment 30 #
Proposal for a directive Recital 14 (14) For reasons of sound management, a collecting society's senior management must be independent. Managers and executive directors should be required to declare
Amendment 31 #
Proposal for a directive Recital 15 (15) Collecti
Amendment 32 #
Proposal for a directive Recital 15 (15) Collecting societies collect, manage and distribute revenue from the exploitation of the rights entrusted to them by rightholders. This revenue is ultimately due to rightholders who may be members of that society, or another society. It is therefore important that collecting societies exercise the utmost diligence in collecting, managing and distributing that revenue. Accurate distribution is only possible where collecting societies maintain proper and transparent records of membership, licences and use of works and other subject matter. Where appropriate, data should also be provided by rightholders and users and verified by the collecting societies. Amounts collected and due to rightholders should be managed separately from any own assets of the collecting society and, if they are invested, pending their distribution to rightholders, this should be carried out in accordance with the investment policy decided by the collecting societies' general meeting. In order to maintain a high level of protection for the rights of rightholders and to ensure that any income which may be derived from exploitation of their rights accrues for the benefit of rightholders, the investments made and held by the collecting society should be managed in accordance with criteria which would oblige the collecting society to act prudently, while allowing the collecting society to decide on the most secure and efficient investment policy. This should allow the colleting society to opt for a
Amendment 33 #
Proposal for a directive Recital 18 (18) Fair commercial terms in licensing are particularly important to ensure that users can license the works and other protected subject-matter for which a collecting society represents rights and to ensure the remuneration of rightholders. Collecting societies and users should therefore conduct licensing negotiations in good faith and apply tariffs determined on the basis of objective
Amendment 34 #
Proposal for a directive Recital 18 (18) Fair commercial terms in licensing are particularly important to ensure that users can license the works and other protected subject-matter for which a collecting society represents rights and to ensure the remuneration of rightholders. Collecting societies and users should therefore conduct licensing negotiations in good faith and apply tariffs determined on the basis of objective and non-discriminatory criteria.
Amendment 35 #
Proposal for a directive Recital 18 a (new) (18a) To enhance transparency and prevent situations where users receive more than one invoice for the same rights in the same works, collective management organisations should be required to cooperate closely among themselves. This cooperation should include pooling of information on licences and use of works in a common database, coordinated and joint invoicing and collection of rights revenues.
Amendment 36 #
Proposal for a directive Recital 20 (20) To ensure that rightholders are in a position to monitor the performance of their collecting societies and compare their respective performance, collecting societies should make public an annual transparency report comprising comparable audited financial information specific to the activities of collecting societies. Collecting societies should also make public an annual special report on the use of amounts dedicated to social, cultural and educational services.
Amendment 37 #
Proposal for a directive Recital 20 (20) To ensure that rightholders are in a position to monitor the performance of their collecting societies and compare their respective performance, collecting societies should make public an annual transparency report comprising comparable audited financial information specific to the activities of collecting societies. Collecting societies should also make public an annual special report on the use of amounts dedicated to social, cultural and educational services.
Amendment 38 #
Proposal for a directive Recital 24 (24) In the online music sector, where collective management of authors' rights on a territorial basis remains the norm, it is essential to create conditions conducive to the most effective licensing practices by collecting societies, in an increasingly cross-border context. It is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collecting societies of multi- territorial collective licensing of authors' online rights in musical works. These provisions should ensure the necessary minimum quality of the cross-border services provided by collecting societies, notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights. They should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi-territorial service. These provisions should enable a collecting society to request another collecting society to represent its repertoire on a multi-territorial basis where it cannot fulfil the requirements itself. There should be an obligation on the requested society, provided that it aggregates repertoire and offers or grants multi-territorial licences, to accept the mandate of the requesting society, without abusing its market power. The development of legal online music services across the Union should also contribute to
Amendment 40 #
Proposal for a directive Recital 25 (25) The availability of accurate and comprehensive information on the musical works, rightholders and the rights that each collecting society is authorised to represent in a given Member State is of particular importance for an effective and transparent licensing process, for the subsequent monitoring of the use of licensed rights and the related invoicing of service providers as well as for the distribution of amounts due to rightholders. For this reason, collecting societies granting multi- territorial licences for musical works should be able to process such detailed data quickly and accurately. This requires the use of continually updated databases on ownership of rights that are licensed on a multi-territorial basis, containing data that allow for the identification of works, rights, rightholders and Member States which a collecting society is authorised to represent. These databases should also help to match information on works with information on phonograms or any other fixation in which the work has been incorporated. It is also important to ensure that users, consumers, prospective licensees and rightholders have access to the information they need to identify the repertoire that those collecting societies are representing, without prejudice to any measure these societies may be entitled to take to protect the accuracy and integrity of the data, to control its reuse and to protect personal data and commercially sensitive information.
Amendment 41 #
Proposal for a directive Recital 26 (26) To ensure that the data on the music repertoire they process is as accurate as possible, collecting societies granting multi-territorial licences of musical works should be required to update their databases continuously and without delay. They should establish easily accessible procedures to enable rightholders
Amendment 42 #
Proposal for a directive Recital 27 (27) Digital technology allows the automated monitoring by collecting societies of the use by the licensee of the licensed musical works and facilitates invoicing. Industry standards for music usage, sales reporting and invoicing are instrumental to improve the efficiency in the exchange of data between collecting societies and users. The monitoring of the use of licences should respect fundamental rights, namely the right to respect of private and family life and data protection. To ensure that these efficiency gains result in faster financial processing and ultimately in earlier payments to rightholders, collecting societies should be required to
Amendment 43 #
Proposal for a directive Recital 29 (29) Aggregating of different music repertoires for multi-territorial licensing facilitates the licensing process and, by making all repertoires accessible to the market for multi-territorial licensing, enhances cultural diversity and contributes to reducing the number of transactions an online service provider needs in order to offer that service. That aggregation of repertoires should facilitate the development of new online services, and should also result in a reduction of transaction costs that are passed on to consumers. Therefore, collecting societies that are not willing to or are not able to grant multi-territorial licences directly in their own music repertoire should
Amendment 44 #
Proposal for a directive Recital 37 (37) Moreover, Member States should establish appropriate procedures by means of which it will be possible to make complaints against collecti
Amendment 45 #
Proposal for a directive Recital 37 (37) Moreover, Member States should establish appropriate procedures by means of which it will be possible to make complaints against collecting societies who do not comply with the law and to ensure that, where appropriate, effective, proportionate and dissuasive measures and sanctions are imposed. Member States should determine which authorities should be responsible for administering the complaints procedures and sanctions. To ensure that the requirements for multi- territorial licensing are complied with, specific provisions on the monitoring of their implementation should be laid down. The competent authorities of the Member States and the European Commission should cooperate with each other to this end.
Amendment 46 #
Proposal for a directive Article 1 – paragraph 1 This Directive lays down requirements necessary to ensure the proper, efficient, accurate, accountable and transparent functioning of the management of copyright and related rights by collecting societies. It also lays down requirements for multi-territorial licensing by collecting societies of authors' rights in musical works for online use.
Amendment 51 #
Proposal for a directive Article 3 – paragraph 1 – point a a (new) (aa) ‘commercial operator’ means any entity which is authorised by way of any contractual arrangement to manage copyright or rights related to copyright on behalf of rightholders on a commercial basis;
Amendment 52 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) ‘member
Amendment 53 #
Proposal for a directive Article 3 – paragraph 1 – point f (f) ‘rights revenue’ means income collected by a collecti
Amendment 54 #
Proposal for a directive Article 3 – paragraph 1 – point f (f) ‘rights revenue’ means income collected by a collecting society on behalf of rightholders, whether from an exclusive right, a right to remuneration or a right to compensation
Amendment 55 #
Proposal for a directive Article 5 – paragraph 2 2. Rightholders shall have the right to authorise a collecti
Amendment 56 #
Proposal for a directive Article 5 – paragraph 2 a (new) 2a. Rightholders shall have the right to grant free licences for use of their works and rights. In this case, rightholders shall inform in due time the collective management organisations authorised to manage the rights of such works that such a free license has been granted.
Amendment 57 #
Proposal for a directive Article 5 – paragraph 3 3. Rightholders shall have the right to terminate the authorisation to manage rights, categories of rights, works or types of works and other subject matter granted to a collecti
Amendment 58 #
Proposal for a directive Article 5 – paragraph 7 a (new) 7a. Without prejudice to Article 20(4), rightholders shall have the right to request external independent audits of their collective management organisation at any time during the term of the authorisation.
Amendment 59 #
Proposal for a directive Article 6 – paragraph 2 2. Collecting societies shall accept rightholders, or any other members as defined in Article 3(c), as members if they fulfil the membership requirements. They may only refuse a request for membership on the basis of objective and nondiscriminatory criteria. These criteria shall be included in the statute or the membership terms of the collecting society and shall be made publicly available.
Amendment 60 #
Proposal for a directive Article 6 – paragraph 5 5. Collecting societies shall keep publicly accessible records of their members
Amendment 61 #
Proposal for a directive Article 7 – paragraph 3 3. The
Amendment 62 #
Proposal for a directive Article 7 – paragraph 4 – subparagraph 1 The general meeting shall have the power to decide on the appointment or dismissal of the directors, monitor their general performance and approve their remuneration and other benefits such as non-monetary benefits, pension awards, right to other awards and rights to severance pay.
Amendment 63 #
Proposal for a directive Article 7 – paragraph 5 – point b Amendment 64 #
Proposal for a directive Article 7 – paragraph 5 – point b (b) the
Amendment 65 #
Proposal for a directive Article 7 – paragraph 6 6. The general meeting shall control the activities of the collecti
Amendment 66 #
Proposal for a directive Article 7 – paragraph 7 – subparagraph 1 – introductory part Every member of a collective management organisation shall have the right to vote at the general meeting, including, where appropriate, by electronic vote. Any restriction on the right of
Amendment 67 #
Proposal for a directive Article 7 – paragraph 7 – subparagraph 1 – point b Amendment 68 #
Proposal for a directive Article 7 – paragraph 8 8. Every member of a collecti
Amendment 69 #
Proposal for a directive Article 8 – paragraph 1 1. Member States shall ensure that the collecti
Amendment 70 #
Proposal for a directive Article 8 – paragraph 2 – introductory part 2. The body entrusted with the supervisory function shall meet
Amendment 71 #
Proposal for a directive Article 8 – paragraph 2 a (new) 2a. The body entrusted with the supervisory function shall report on the exercise of its responsibilities to the general meeting provided for in Article 7.
Amendment 72 #
Proposal for a directive Article 8 – paragraph 3 Amendment 73 #
Proposal for a directive Article 8 – paragraph 3 Amendment 74 #
Proposal for a directive Article 9 – paragraph 2 – subparagraph 2 – introductory part Those procedures shall include an
Amendment 75 #
Proposal for a directive Article 10 – paragraph 1 1. Collecti
Amendment 76 #
Proposal for a directive Article 10 – paragraph 3 3. The collecting society shall not be allowed to use rights revenue and any income derived from its investment for its own account, save that it may deduct its management fees according to the rules referred to in Article 7(5)(d).
Amendment 77 #
Proposal for a directive Article 10 – paragraph 4 – point a (a) the assets shall be invested in the best interests of
Amendment 78 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall ensure that the collecti
Amendment 79 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall ensure that the collecting society regularly and diligently distributes and pays amounts due to all rightholders it represents.
Amendment 80 #
Proposal for a directive Article 12 – paragraph 2 2. Where the amounts due to rightholders cannot be distributed, after
Amendment 81 #
Proposal for a directive Article 12 – paragraph 2 2. Where the amounts due to rightholders cannot be distributed, after
Amendment 82 #
Proposal for a directive Article 12 – paragraph 3 3. For the purposes of paragraph 2,
Amendment 83 #
Proposal for a directive Article 14 – paragraph 2 2. The collecting society shall regularly, diligently
Amendment 84 #
Proposal for a directive Article 15 a (new) Article 15 a Reporting and invoicing 1. Collective management organisations shall establish appropriate communication procedures allowing the user to provide all necessary information on the use of the licence, including a report on actual use of the works, to the collective management organisation accurately and within the deadline jointly agreed in relation to that licence. 2. Collective management organisations shall establish a cooperation procedure among themselves for the benefit of their rightholders, members and users. Such a cooperation procedure shall include at least pooling of information on the licences issued and the use of works in a common database, coordinated and joint invoicing and collection of rights revenues. 3. The cooperation procedure referred to in paragraph 2 shall enable the collective management organisations to coordinate the invoicing of the users in such a way that a single user receives a single joint invoice in respect of the rights in the works which have been licensed. The single invoice shall be transparent and shall identify the collective management organisations concerned, the lists of works and other protected subject-matter which have been licensed and the corresponding actual uses. The invoice should also indicate clearly at least the proportionate amounts due to rightholders and the amounts to be used to cover management fees.
Amendment 85 #
Proposal for a directive Article 15 b (new) Article 15 b Invoicing standards 1. Collective management organisations, as well as commercial operators, as defined in point (aa) of Article 3, shall invoice users by electronic means, whenever possible. Collective management organisations and commercial operators shall offer the use of a least one format which takes into account voluntary industry standards or practices developed at international or Union level. 2. Collective management organisations and commercial operators shall invoice online music service providers accurately and without delay after the actual use of the works. 3. Collecting management organisations and commercial operators shall have adequate procedures in place for the user to challenge the accuracy of the invoice, including when the user receives invoices from one or more collective management organisations or commercial operator for the same rights in the same works.
Amendment 86 #
Proposal for a directive Article 16 – paragraph 1 – introductory part Member States shall ensure that a collecting society makes available at least once a year, by electronic means and where appropriate on a more regular basis through individual on-line accounts, the following information to each rightholder it represents directly:
Amendment 87 #
Proposal for a directive Article 16 – paragraph 1 – introductory part Member States shall ensure that a collecting society makes available on a rolling basis or at least once a year, by electronic means, the following information to each rightholder it represents:
Amendment 88 #
Proposal for a directive Article 16 – paragraph 1 a (new) Member States shall ensure that commercial operators, as defined in point (aa) of Article 3, make available at least once a year, by electronic means, the information described in points (a), (b), (c), (d) and (g) of paragraph 1 of this Article, to each rightholder whose rights they manage.
Amendment 89 #
Proposal for a directive Article 16 – paragraph 1 – point c (c) the amounts due to the rightholder per category of rights managed, and per type of use, and per work paid by the collecti
Amendment 90 #
Proposal for a directive Article 17 – paragraph 1 – introductory part Member States shall ensure that a collecting society makes the following information available, on a rolling basis or at least once a year, by electronic means, to the collecting society on whose behalf it manages rights under a representation agreement for a particular period:
Amendment 91 #
Proposal for a directive Article 17 – paragraph 1 – point a (a) the amounts due to rightholders per category of rights managed,
Amendment 92 #
Proposal for a directive Article 18 – title Information provided to rightholders, members, other collecti
Amendment 93 #
Proposal for a directive Article 18 – paragraph 1 – introductory part 1. Member States shall ensure that a collecti
Amendment 94 #
Proposal for a directive Article 18 – paragraph 1 – point a Amendment 95 #
Proposal for a directive Article 18 – paragraph 1 – point b Amendment 96 #
Proposal for a directive Article 18 – paragraph 1 – point b (b) the list of its members, the repertoire and the specific rights it manages on their behalf, and the Member States covered, without revealing personal data and sensitive information about the rightholders;
Amendment 97 #
Proposal for a directive Article 18 – paragraph 2 Amendment 98 #
Proposal for a directive Article 18 – paragraph 2 2. In addition, a collecti
Amendment 99 #
Proposal for a directive Article 19 – paragraph 1 – introductory part 1. Member States shall ensure that a collecti
Amendment 100 #
Proposal for a directive Article 19 – paragraph 1 – point a a (new) (aa) standard licensing contracts and applicable tariffs;
Amendment 101 #
Proposal for a directive Article 19 – paragraph 1 – point a b (new) (ab) the repertoire and rights it manages and the Member States covered;
Amendment 102 #
Proposal for a directive Article 19 – paragraph 1 – point f a (new) (fa) standard licensing contracts and applicable tariffs;
Amendment 103 #
Proposal for a directive Article 19 – paragraph 1 – point g a (new) (ga) where available, the title of the work, the name of the author, the name of the publisher and any other relevant information available which could be necessary to identify the rightholders on works for which one or more rightholders have not been identified.
Amendment 104 #
Proposal for a directive Article 19 – paragraph 1 – point g b (new) (gb) the repertoire and rights it manages and the Member States covered;
Amendment 105 #
Proposal for a directive Article 19 – paragraph 2 a (new) 2a. Collective management organisations shall ensure that, in accordance with point (ab) of paragraph 1, the information on repertoire is accurate and regularly updated. In this respect, they shall particularly ensure that the information concerning works whose term of protection is about to terminate is accurate and regularly updated, and made available to the public.
Amendment 106 #
Proposal for a directive Article 20 – paragraph 5 Amendment 107 #
Proposal for a directive Article 22 – paragraph 2 – point e a (new) (ea) The ability to offer both the reproduction (mechanical) and the communication (performance) right in the musical works it seeks to license by means of multi-territorial licenses.
Amendment 108 #
Proposal for a directive Article 23 – paragraph 2 2. The collecting society may take reasonable measures to protect the accuracy and integrity of the data
Amendment 109 #
Proposal for a directive Article 25 – paragraph 1 1. A collecting society shall
Amendment 110 #
Proposal for a directive Article 25 – paragraph 2 2. The collecting society shall offer online music service providers the possibility of reporting the actual use of online rights in musical works, in accordance with Article 15a(1), by electronic means. The collecting society shall offer the use of a least one method of reporting which takes into account voluntary industry standards or practices developed at international or Union level for the electronic exchange of such data. The collecting society may refuse to accept reporting by the user in a proprietary format if the society allows for reporting using an industry standard for the electronic exchange of data.
Amendment 111 #
Proposal for a directive Article 25 – paragraph 4 a (new) 4a. For the purposes of paragraphs 3 and 4, the collecting society shall establish a cooperation procedure with other collecting societies to ensure that the online music service provider is issued a single joint invoice as provided for in Article 15a.
Amendment 112 #
Proposal for a directive Article 25 – paragraph 5 5. The collecting society shall have adequate procedures in place for the online music service provider to challenge the accuracy of the invoice, including when the online music service provider receives
Amendment 114 #
Proposal for a directive Article 29 – paragraph 2 – subparagraph 1 The requested collecting society shall accept such a request within a reasonable time if it is already granting or offering to grant multi-
Amendment 115 #
Proposal for a directive Article 29 – paragraph 2 – subparagraph 2 The management fee for the service provided by the requested collecti
Amendment 117 #
Proposal for a directive Article 33 – paragraph 1 The requirements under this Title shall not apply to collecting societies which grant, on the basis of the voluntary aggregation of the required rights, in compliance with the competition rules under Articles 101 and 102 TFEU, a multi-territorial licence for the online rights in musical works required by a broadcaster to communicate or make available to the public its radio or television programmes before, simultaneously with or after their initial broadcast as well as any online material produced by the broadcaster which is ancillary to the initial broadcast of its radio or television programme.
Amendment 118 #
Proposal for a directive Article 35 – paragraph 1 1. Member States shall ensure that disputes between collecting societies and users concerning existing and proposed licensing conditions, tariffs, the calculation of tariffs, and any refusal to grant a licence can be submitted
Amendment 119 #
Proposal for a directive Article 35 – paragraph 1 a (new) 1a. The administrative costs of seeking recourse to such a dispute resolution shall be reasonable.
Amendment 120 #
Proposal for a directive Article 36 – paragraph 1 – point c (c) disputes with another collecting society on the application of Articles 22, 23, 24, 25, 26, 28 and 29.
Amendment 121 #
Proposal for a directive Article 38 – paragraph 1 1. Member States shall
source: PE-510.658
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| 9 |
2012/2030(INI) Completing the Digital Single Market
2012/06/22
ITRE
9 amendments...
Amendment 6 #
Draft opinion Paragraph 2 2. Emphasises that broadband and the internet are important drivers for economic growth, job creation and European competitiveness, as well as boosting online commerce and services, but points out that
Amendment 12 #
Draft opinion Paragraph 2 a (new) 2a. Re-emphasizes potential challenges when departing from network neutrality, including anticompetitive behaviour, blockage of innovation, restriction on freedom of expression, lack of consumer awareness and infringement of privacy and that the lack of net neutrality hurts both businesses, consumers and society as a whole;
Amendment 23 #
Draft opinion Paragraph 4 4. Calls for an integrated European market for card, internet and mobile payments; calls, a the same time, for a facilitated framework for e-invoicing; stresses in both these regards the importance of interoperability and open standards so as to facilitate maximum market potential and competition;
Amendment 28 #
Draft opinion Paragraph 5 5. Emphasises the importance of
Amendment 30 #
Draft opinion Paragraph 5 a (new) 5a. Emphasizes the importance of a harmonised approach to exceptions and limitations in the field of copyright, as well as the harmonised statutory exceptions to trademarks and patents, often for the benefit of researchers and developers, to ensure facilitated development, deployment and consumer uptake of new, innovative services and the legal certainty for researching teams, innovators, artists and users required for a prospering European digital environment to emerge;
Amendment 42 #
Draft opinion Paragraph 7 7. Calls on the Commission and the Member States to draw up
Amendment 45 #
Draft opinion Paragraph 7 a (new) 7a. Makes note of the work already done in the European Parliament on criminal activities online, but stresses in this regard that the security industry and its strong potential for small-scale European entrepreneurship and innovation is dependent on the accessibility and legal deployment of testing equipment for network resilience and security;
Amendment 52 #
Draft opinion Paragraph 9 9. Recognises that high-speed networks are a prerequisite for the development of online services and invites the Member States to further develop national broadband plans and adopt operational plans with concrete measures to implement the targets set in the Digital Agenda; calls for a European strategy for large-scale deployment of fibre-to-the-home;
Amendment 58 #
Draft opinion Paragraph 11 11. Recognises the major potential of cloud computing and calls on the Commission to propose without delay a European strategy on the outstanding issue of data privacy and the entrepreneurial and innovative potential in the field of jurisdictional control rewarded to citizens through cloud computing.
source: PE-492.604
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| 5 |
2012/2094(INI) Digital Freedom Strategy in EU Foreign Policy
2012/07/23
INTA
5 amendments...
Amendment 11 #
Draft opinion Paragraph 2 2.
Amendment 25 #
Draft opinion Paragraph 3 3.
Amendment 30 #
Draft opinion Paragraph 4 4. Calls on the Commission and the Council
Amendment 45 #
Draft opinion Paragraph 5 5. Believes that the E
Amendment 49 #
Draft opinion Paragraph 5 a (new) 5a. Recalls that the extra-territorial application on European Union citizens of laws from foreign jurisdictions has arisen as an issue both in terms of censorship and restricted access to political information, as well as in the copyright debates; calls on the Council and the Commission to minimise the impact of third-country legislation, or lack thereof, on European Union citizens online;
source: PE-494.563
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| 3 |
2012/2096(INI) Cyber security and defence
2012/11/09
AFET
3 amendments...
Amendment 12 #
Motion for a resolution Citation 13 a (new) - having regard to the report of the European Network and Information Security Agency on co-operation between Computer Emergency Response Teams and Law Enforcement Agencies, published on the 28th of February 2012,
Amendment 98 #
Motion for a resolution Paragraph 5 a (new) 5 a. Suggests that the Commission launch a public pan-European education initiative, geared towards educating and raising awareness among both private and business end-users about potential threats on the internet and fixed and mobile ICT devices at every level of the utility chain and towards promoting safer individual online behaviours;
Amendment 110 #
Motion for a resolution Paragraph 11 11.
source: PE-494.798
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| 5 |
2012/2114(INI) Financing EU SMEs' trade and investment: facilitated access to credit in support of internationalisation
2012/04/10
INTA
5 amendments...
Amendment 25 #
Motion for a resolution Paragraph 1 a (new) 1a. Considers that the effective protection of SMEs against unfair trading practices by EU partner states is just as important as helping SMEs wishing to internationalise; considers internationalisation and protection as two sides of the same coin of the globalisation process;
Amendment 51 #
Motion for a resolution Paragraph 7 7. Recognises the need to establish, at EU level, an SME export/import facility which would disburse additional support to SMEs via ECAs; considers that, drawing on national best practice, this additional support could involve soft and fixed- interest-rate loans, short-term work capital and refinancing, equity funding
Amendment 55 #
Motion for a resolution Paragraph 9 9. Highlights the need to provide SMEs with financial and technical assistance focused on
Amendment 64 #
Motion for a resolution Paragraph 14 a (new) 14a. Regards better, less costly and faster access of SMEs to anti-dumping procedures as key to better protecting them from unfair trade practices by trade partners; calls on the Commission to pay due consideration to this concern when reforming the EU's Trade Defence Instruments;
Amendment 68 #
Motion for a resolution Paragraph 15 a (new) 15a. Is concerned with the effects of wrongful border injunctions and seizures based on alleged intellectual property rights infringement on the internationalisation of European small and medium sized enterprises; takes notice of how only at the EU borders in 2011, goods were established to have been detained by mistake in more than 2700 cases; requests a thorough evaluation of how such wrongful injunctions and seizures made by third party customs authorities could affect SME foreign investment opportunities to be undertaken by the Commission;
source: PE-496.561
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| 4 |
2012/2135(INI) Development aspects of intellectual property rights on genetic resources: the impact on poverty reduction in developing countries
2012/09/11
INTA
4 amendments...
Amendment 4 #
Draft opinion Paragraph 2 2. Commends the Commission for presenting a draft regulation for the implementation of the Nagoya Protocol;
Amendment 6 #
Draft opinion Paragraph 3 3. Agrees with industry that a rules-based international trade system requires preventing the wrongful granting of patents, which requires rules on source and origin disclosure;
Amendment 10 #
Draft opinion Paragraph 4 4. Recognises the potential role of the intellectual property and patent system in promoting innovation, transfer and dissemination of technology to the mutual advantage of stakeholders, providers, holders and users of genetic resources, their derivatives, and of associated traditional knowledge in a manner conducive to welfare and development, while emphasising the necessity of preventing the adverse effects of the IPR and patent system on indigenous peoples and local communities;
Amendment 12 #
Draft opinion Paragraph 4 a (new) 4a. Recognizes that the open transfer of knowledge is of fundamental importance to the global economy; expresses concern that existing rules on PIC1 and ABS2 are already seen as creating obstacles for researchers; emphasises the need to ensure that additional user obligations do not result in barriers to trade, investment or research;
source: PE-500.446
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| 1 |
2012/2149(INI) Trade and economic relations with the United States
2012/09/21
INTA
1 amendments...
Amendment 103 #
Motion for a resolution Paragraph 14 14. Affirms the importance of IPR to stimulate job and economic growth
source: PE-496.471
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| 1 |
2012/2153(INI) Negotiations on an enhanced partnership and cooperation agreement between the EU and Kazakhstan. Recommendations to the Council, the Commission and the EEAS
2012/07/09
INTA
1 amendments...
Amendment 26 #
Draft opinion Paragraph 5 b (new) 5 b (new). Notes with great concern that Kazakhstan's legislation obliges websites hosted under a .kz suffix to route traffic through Kazakh territory creating competitive disadvantages for service providers located in other countries and leading to a severe restriction of the open nature of the Internet which is based on the equal treatment of all market actors; calls on non-discriminatory treatment of all service providers and an open environment for competition in the information and communications technologies sector to be lead marks in the Council's and Commission's approach to the Kazakhstan partnership.
source: PE-494.819
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