Alexandra THEIN
Constituencies
-
Germany
Freie Demokratische Partei
2009/07/14 - 9999/12/31
Groups
-
ALDE
Member
Group of the Alliance of Liberals and Democrats for Europe
2009/07/14 - 9999/12/31
Committees
| Role | Committee | Start | End |
|---|---|---|---|
| Member of | Committee on Legal Affairs | 2012/01/19 | 9999/12/31 |
| Substitute of | Committee on Constitutional Affairs | 2012/01/19 | 9999/12/31 |
Show earlier commitees...
Delegations
| Role | Delegation | Start | End |
|---|---|---|---|
| Member of | Delegation for relations with Iraq | 2009/09/16 | 9999/12/31 |
| Member of | Delegation for relations with the Palestinian Legislative Council | 2009/09/16 | 9999/12/31 |
| Member of | Delegation for relations with the Mashreq countries | 2012/01/18 | 9999/12/31 |
| Member of | Delegation for relations with Israel | 2012/01/18 | 9999/12/31 |
| Substitute of | Delegation to the Euronest Parliamentary Assembly | 2012/12/17 | 9999/12/31 |
| Substitute of | Delegation to the EU-Ukraine Parliamentary Cooperation Committee | 2012/12/17 | 9999/12/31 |
Show earlier delegations...
| Role | Delegation | Start | End |
|---|---|---|---|
| Substitute of | Delegation for relations with Afghanistan | 2009/09/16 | 2012/02/08 |
Contact
Online
- Homepage
- http://www.alexandra-thein.de
- [javascript protected email address]
Brussels
- Phone
- +322 28 45576
- Fax
- +322 28 49576
- Office
- Bât. Altiero Spinelli 10G242
- Full Address
-
- City
- Bruxelles/Brussel
- Zip
- B-1047
- Street
- 60, rue Wiertz / Wiertzstraat 60
Strasbourg
- Phone
- +333 88 1 75576
- Fax
- +333 88 1 79576
- Office
- Bât. Winston Churchill M02084
- Full Address
-
- City
- Strasbourg
- Zip
- CS 91024 - F-67070
- Street
- 1, avenue du Président Robert Schuman
Postal
- Europäisches Parlament
- Rue Wiertz
- Altiero Spinelli 10G242
- B-1047 Brüssel
Rapporteur
| Shadow | 2012/2039(INI) | Statute for a European mutual society |
| Shadow | 2011/2181(INI) | Corporate governance framework for European companies |
| Shadow | 2011/2046(INI) | 14th company law directive on the cross-border transfer of company seats |
| Shadow | 2011/2037(INI) | Audit policy: lessons from the crisis |
| Responsible | 2011/0902(COD) | EU Civil Service Tribunal: temporary judges |
| Responsible | 2011/0901B(COD) | Court of Justice: number of judges at the General Court (amend. Statute) |
| Responsible | 2011/0901(COD) | Court of Justice: statute (amend. Protocol and Annex I) |
| Shadow | 2011/0389(COD) | Statutory audits of annual accounts and consolidated accounts |
| Shadow | 2011/0359(COD) | Statutory audit of public-interest entities: specific requirements |
| Shadow | 2011/0308(COD) | Company law: annual financial statements, consolidated financial statements and related reports of certain types of undertakings |
| Shadow | 2011/0307(COD) | Securities: issuers trading on a regulated market, transparency requirements |
| Opinion | 2011/0297(COD) | Financial supervision: criminal sanctions for insider dealing and market manipulation |
| Opinion | 2011/0295(COD) | Financial supervision: insider dealing and market manipulation (market abuse) |
| Shadow | 2011/0284(COD) | Common European Sales Law |
| Shadow | 2011/0136(COD) | Orphan works: permitted uses |
| Shadow | 2011/0094(CNS) | Enhanced cooperation in the area of the creation of unitary patent protection: implementation; translation arrangements |
| Opinion | 2011/0062(COD) | Credit agreements: residential property |
| Responsible | 2011/0060(CNS) | Judicial cooperation in civil matters: jurisdiction, applicable law and recognition and enforcement of decisions regarding property consequences of registered partnerships |
| Responsible | 2011/0059(CNS) | Judicial cooperation in civil matters: jurisdiction, applicable law and recognition and enforcement of decisions in matters of matrimonial property regimes |
| Shadow | 2011/0038(COD) | Company law and corporate governance: interconnection of central, commercial and company registers |
| Opinion | 2010/2303(INI) | Corporate governance in financial institutions |
| Opinion | 2009/0009(CNS) | Value added tax VAT: rules of invoicing (amend. VAT Directive 2006/112/EC) |
Born
1963/10/05 Bochum- German/French school-leaving certificate, German/French Grammar School, Saarbrücken, 1982. Studied law, including European and international law, at the University of the Saarland and its Europe Institute, as part of the European integration course, at the University of Geneva and its Institutes for European Studies and International Studies, and at the University of Freiburg, passing 1st State examination (1982-1988).
- Legal trainee in Berlin, inter alia dealing with foreign affairs for the Federal Government's representative in Berlin, Permanent Representation of the Federal Republic of Germany to the OECD in Paris, German International Development Foundation, passing 2nd State examination (1988-1991);
- Lawyer and representative of the notary public in a small firm of lawyers in Berlin (since 1991), self-employed (since 1993); notary (since 2001).
- Nearly 20 years' of honorary political activity, inter alia as vice-chair of the FDP Honorary Council for the Vetting of Party Office-holders for Collaboration with the Ministry of State Security and Office for National Security of the GDR; for many years Chair of the Dahlem branch of the FDP, the Regional Arbitration Tribunal, the Regional Constitutional Committee and the Regional Executive of the Berlin Regional Association of the FDP; currently vice-chair of the Dahlem branch of the FDP, coopted member of the Regional Executive and member of the Regional Committee on International Policy of the Berlin Regional Association of the FDP; vice-chair of the Berlin Regional FDP women's organisation.
- Member of the German Group of the Liberal International and the Movement for a United Europe; coopted member of the Executive Committee of the Europe Union, Berlin.
- Member of the executive, Berlin Regional Liberal Small Business Association. Member, Berlin Lawyers' Association; member, Women Lawyers' Group in the German Lawyers' Association. Member, Association of Grant-holders and Former Grant-holders of the Friedrich Naumann Foundation for Freedom.
Amendments
| Amendments | Dossier |
| 6 |
2008/0196(COD) Consumer rights (amend. Directives 93/13/EEC and 1999/44/EC; repeal. Directives 85/577/EEC and 97/7/EC)
2010/10/13
JURI
6 amendments...
Amendment 98 #
Proposal for a directive Recital 4 (4) In accordance with Article
Amendment 111 #
Proposal for a directive Recital 16 (16) The definition of durable medium should include in particular documents on paper, USB sticks, CD-ROMs, DVDs, memory cards and the hard drive of the computer on which the electronic mail or a pdf file
Amendment 142 #
Proposal for a directive Recital 64 a (new) (64a) All the directives and regulations (the 'consumer acquis') listed in the Annexes to Directive No 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers' interests1 and Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of the consumer protection law (the regulation on consumer protection cooperation)2 should be consolidated. 1 OJ L 110, 1.5.2009, p. 30. 2 OJ L 364, 9.12.2004, p. 1.
Amendment 143 #
Proposal for a directive Recital 64 b (new) (64b) In accordance with point 34 of the Interinstitutional Agreement on better law-making1, Member States are encouraged to draw up, for themselves and in the interests of the Union, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public. 1 OJ C 321, 31.12.2003, p. 1.
Amendment 403 #
Proposal for a directive Article 47 a (new) Amendment 404 #
Proposal for a directive Article 47 b (new) source: PE-450.756
|
| 5 |
2009/0054(COD) Commercial transactions: combating late payment (repeal. Directive 2000/35/EC). Recast
2010/09/02
JURI
5 amendments...
Amendment 11 #
Proposal for a directive Recital 13 (13) In the interest of consistency of Community legislation, the definition of "contracting authorities" in Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public services contracts and Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors1 should apply for the purposes of this Directive. 1 OJ L 134, 30.4.2004, p. 1.
Amendment 14 #
Proposal for a directive Recital 18 (18) This Directive should prohibit abuse of freedom of contract to the disadvantage of the creditor. Where an agreement mainly serves the purpose of procuring the debtor additional liquidity at the expense of the creditor, for example through the exclusion of the possibility for the creditor to charge interest for late payment or specifying an interest rate for late payment which is substantially lower than the statutory interest provided for in this Directive, or where the main contractor imposes on his suppliers and subcontractors terms of payment which are not justified on the grounds of the terms granted to himself , these may be considered to be factors constituting such an abuse. This Directive should not affect national provisions relating to the way contracts are concluded or regulating the validity of contractual terms which are unfair to the debtor. To ensure consistency with the common frame of reference for European contract law, those of its terms should be used which can contribute to better interpretation.
Amendment 20 #
Proposal for a directive Article 2 – point 2 (2) ‘public authority’ means any contracting authority , as defined by Directive
Amendment 38 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall ensure that the maximum duration of a procedure of acceptance or verification referred to in paragraph 2(b)(iii) shall not exceed 30 days, unless otherwise specified and duly justified by a reference to special circumstances in the tender documents and the contract.
Amendment 42 #
Proposal for a directive Article 6 – title and paragraph 1 source: PE-438.516
|
| 4 |
2009/2134(INI) Proposal for a modification of the Act concerning the election of the Members of the European Parliament by direct universal suffrage of 20 September 1976
2011/03/14
AFCO
3 amendments...
Amendment 69 #
Motion for a resolution Paragraph 2 2. Proposes that a
Amendment 100 #
Article 14 – paragraph 2 2. The European Parliament shall be composed of representatives of the Union's citizens. They shall not exceed seven hundred and fifty in number, plus the President. Representation of citizens shall be degressively proportional, with a minimum threshold of six members per Member State. No Member State shall be allocated more than ninety-six seats.
Amendment 119 #
Article 2 b (new) Article 2b 1. Pursuant to Article 14(2b) of the Treaty on European Union, there shall be one additional constituency formed of the entire territory of the Union from which shall be elected a number of Members corresponding to at least one-tenth of the maximum permissible number of Members of the European Parliament. 2. An electoral authority shall be established to conduct and verify the electoral process of the European Union constituency. The authority shall comprise representatives of the European Parliament, the Commission and each Member State. 3. Transnational lists of candidates for election in the European Union constituency submitted by the European political parties shall be admissible only, (a) if composed of candidates resident in at least one third of the States, and (b) if balanced by gender. 4. Each elector shall have one supplementary vote that may be cast for one of the transnational lists. Seats shall be allocated in accordance with the Sainte-Laguë method. 5. Detailed arrangements for the European Union constituency election, including the delegation of powers to the electoral authority, shall be laid down in implementing measures to be adopted in accordance with Article 14.
source: PE-460.673
2011/10/11
AFCO
1 amendments...
Amendment 21 #
Motion for a resolution Paragraph 2 2. Proposes that
source: PE-475.840
|
| 13 |
2009/2169(INI) Proposed interim measures for the freezing and disclosure of debtors' assets in cross-border cases
2011/03/24
JURI
13 amendments...
Amendment 2 #
Motion for a resolution Recital J J. whereas the instruments should be simple and avoid delay and unnecessary expense;
Amendment 3 #
Motion for a resolution Annex – part 2 – recommendation 2 The European Parliament considers that the requested instruments should contain uniform jurisdictional rules specifying which national courts are competent to issue them. These uniform rules should take into account the fact that the court having substantive jurisdiction under Council Regulation (EC) No 44/2001 is generally best placed to deal with such orders.
Amendment 4 #
Motion for a resolution Annex – part 3 – recommendation 6 The European Parliament is of the opinion that
Amendment 5 #
Motion for a resolution Annex – part 3 – recommendation 8 The European Parliament is of the opinion that precise information concerning the debtor or alleged debtor
Amendment 6 #
Motion for a resolution Annex – part 3 – recommendation 9 Amendment 7 #
Motion for a resolution Annex – part 3 – recommendation 11 – paragraph 4 The European Parliament calls for
Amendment 8 #
Motion for a resolution Annex – part 3 – recommendation 12 – paragraph A A. When requested
Amendment 9 #
Motion for a resolution Annex – part 3 – recommendation 12 – paragraph B Amendment 10 #
Motion for a resolution Annex – part 3 – recommendation 12 – paragraph D Amendment 11 #
Motion for a resolution Annex – part 4 – recommendation 13 – paragraph 1 The European Parliament considers that it should only be possible to seek the order
Amendment 12 #
Motion for a resolution Annex – part 4 – recommendation 13 – paragraph 2 The European Parliament further considers that each Member State should be required to decide which
Amendment 13 #
Motion for a resolution Annex – part 4 – recommendation 15 The European Parliament considers that only the court
Amendment 14 #
Motion for a resolution Annex – part 4 – recommendation 16 – paragraph C C. Full payment of the debt
source: PE-462.543
|
| 4 |
2009/2178(INI) Enforcement of intellectual property rights in the internal market
2010/02/03
JURI
4 amendments...
Amendment 18 #
Motion for a resolution Recital F F. whereas the phenomenon of illegal on
Amendment 62 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to put forward appropriate legislative proposals based on Article 118 of the TFEU which will address the issue of an effective EU patent system and welcomes in this respect the Council conclusions on an enhanced patent system in Europe of 4 December 2009 as a significant positive development;
Amendment 96 #
Motion for a resolution Paragraph 19 19. Stresses that support for and development of the provision of a diversified, attractive, high-profile, legal range of goods and services for consumers may help to tackle the phenomenon, but recognises that this is not sufficient
Amendment 100 #
Motion for a resolution Paragraph 20 20. Stresses that all parties concerned, including Internet service providers, must join in the dialogue with stakeholders in order to find the appropriate solutions
source: PE-439.233
|
| 8 |
2010/0074(COD) Citizens' initiative
2010/11/16
AFCO
8 amendments...
Amendment 76 #
Proposal for a regulation Recital 6 (6) For that purpose, it is also appropriate to establish the minimum number of citizens coming from each of those Member States. In order to ensure
Amendment 92 #
Proposal for a regulation Recital 15 (15) It is appropriate to provide that, where a citizens' initiative has received the necessary statements of support from signatories
Amendment 95 #
Proposal for a regulation Recital 17 (17) The Commission should examine a citizens' initiative and set out its
Amendment 133 #
Proposal for a regulation Article 4 – paragraph 3 3.
Amendment 177 #
Proposal for a regulation Article 11 – paragraph 1 – point a a (new) aa. receive the organisers at an appropriate level to allow them to explain in detail the matters raised by the initiative;
Amendment 181 #
Proposal for a regulation Article 11 – paragraph 1 – point a b (new) ab. consider the organisation of a public hearing on the subject-matter of the initiative, to which the European Parliament, through its responsible committee, may be invited to participate;
Amendment 184 #
Proposal for a regulation Article 11 – paragraph 1 – point b b.
Amendment 189 #
Proposal for a regulation Article 11 – paragraph 1 – point b a (new) ba. present a legislative proposal within one year or include the proposal in its next year's Work Programme. If the Commission does not so act it shall give the organisers as well as the European Parliament a detailed explanation.
source: PE-452.836
|
| 6 |
2010/2012(INI) Completing the internal market for e-commerce
2010/12/05
JURI
6 amendments...
Amendment 4 #
Draft opinion Recital D a (new) Da. whereas intellectual property is a key element of the digital world and its protection therefore remains a significant challenge, in particular on the Internet,
Amendment 8 #
Draft opinion Paragraph 2 a (new) 2a. Reiterates that respect for the fundamental human right to privacy and data protection is the key enabler of e- Commerce;
Amendment 9 #
Draft opinion Paragraph 4 4. Considers that
Amendment 13 #
Draft opinion Paragraph 6 a (new) 6a. Calls on the Commission to ensure that the consistent enforcement of copyright laws in the area of e-commerce is not undermined;
Amendment 14 #
Draft opinion Paragraph 7 7.
Amendment 21 #
Draft opinion Paragraph 9 a (new) 9a. Calls on the Commission to remove the obligation of having an off-line shop prior to selling on-line as this requirement radically hampers online sales;
source: PE-441.273
|
| 3 |
2010/2021(INI) Power of legislative delegation
2010/11/03
JURI
3 amendments...
Amendment 1 #
Motion for a resolution Recital D D. whereas this delegated power can only consist in supplementing or amending parts of a legislative act which the Legislator does not consider to be essential; whereas no such supplementation or amendment may change the framework of the legislative act, as any change of that kind should remain the preserve of the Legislator; whereas the resulting delegated acts adopted by the Commission will be non-legislative acts of general scope; whereas the basic act must explicitly define the objective, content, scope and duration of that delegation, and must lay down the conditions to which the delegation is subject,
Amendment 11 #
Motion for a resolution Paragraph 6 6. Considers that an urgent procedure with a shorter period for objection provided for in the basic act itself should be reserved for particularly exceptional cases, for example relating to security matters or humanitarian crises; considers, however, that even in those cases the delegated act may not enter into force without the Legislator's approval; such approval should be forthcoming within four weeks of the delegated act being submitted by the Commission;
Amendment 16 #
Motion for a resolution Paragraph 8 8. Maintains that the duration of a delegation cannot be indefinite; is of the opinion, however, that a delegation of a limited duration could provide for the possibility of periodic renewal; considers that a basic act can provide that such periodical renewal take place
source: PE-439.855
|
| 1 |
2010/2291(ACI) European Parliament/European Commission Agreement: transparency register for organisations and self-employed individuals engaged in EU policy-making and policy implementation
2011/01/04
AFCO
1 amendments...
Amendment 14 #
Proposal for a decision Paragraph 6 – point b (b) the scope of the register, which covers all relevant actors but excludes, among others, social partners as actors in the social dialogue, as well as churches, political parties and local, regional and municipal authorities; in addition, representations to the EU from the authorities listed receive preferential treatment, as theirs is, according to the Treaties, an institutional role and they do not, under paragraphs 10(b) and 13(1) of the agreement, fall within the scope of the register;
source: PE-462.714
|
| 5 |
2010/2303(INI) Corporate governance in financial institutions
2011/07/02
JURI
5 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Takes the view that the number of boards on which directors of financial institutions may sit at the same time should be limited
Amendment 4 #
Draft opinion Paragraph 2 2. Emphasises that greater diversity among the members of boards of directors will reduce the vulnerability of the financial sector to crises, and calls on the Commission to submit a plan to bring about phased increases in gender diversity with the aim of achieving a
Amendment 14 #
Draft opinion Paragraph 3 3. Takes the view that the drafting of an annual report – involving as little bureaucracy as possible – on the adequacy and effectiveness of their internal control systems and the adoption of that report by their board of directors should be mandatory for financial institutions; takes the view, further, that it should likewise be mandatory for the annual report drawn up by a financial institution’s external auditors to contain a similar assessment; stresses , however, that a ‘Sarbanes-Oxley effect’ must be avoided in the EU;
Amendment 16 #
Draft opinion Paragraph 3 a (new) 3a. Takes the view that the call for a high- performance IT infrastructure guaranteeing the rapid flow of information on risk right up to the board of directors is important; considers that the decision on implementing the technical measures to improve the quality and speed of transmission of information to the board of directors should be left to the financial institutions, and thus to the board of directors thereof, so as to allow arrangements to be made that are tailored to each institution and to its specific requirements;
Amendment 33 #
Draft opinion Paragraph 9 9. Draws attention, with reference to remuneration and remuneration policies in financial institutions, to the legislative action which has already been taken, in particular the EU Capital Requirement Directive (CRD III), which came into force on 1 January 2011, and the Directive on the taking-up and pursuit of the business of insurance and reinsurance (Solvency II), and recommends that the next step should be to assess
source: PE-458.536
|
| 8 |
2011/0136(COD) Orphan works: permitted uses
2011/10/28
JURI
8 amendments...
Amendment 63 #
Proposal for a directive Recital 13 (13) It is appropriate to provide for a harmonised approach concerning such diligent search in order to ensure a high level of protection of copyright in the Union. A diligent search should involve the consultation of publicly accessible databases that supply information on the copyright status of a work.
Amendment 66 #
Proposal for a directive Recital 15 Amendment 110 #
Proposal for a directive Article 3 – paragraph 1 1. For the purposes of establishing whether a work is an orphan work, the organisations referred to in Article 1(1) or authorised copyright collection societies shall ensure that a diligent search is carried out for each work, by consulting the appropriate sources for the category of works in question.
Amendment 111 #
Proposal for a directive Article 3 – paragraph 1 a (new) 1a. In the event that the cinematographic and audiovisual work subject to a good faith diligent search is known to be a co- production, such a search must be carried out in each of the Member States involved in the coproduction.
Amendment 116 #
Proposal for a directive Article 3 – paragraph 2 – subparagraph 1 a (new) The sources listed in the 'Due Diligence Guidelines' which are referred to in point 1 of the 'Memorandum of Understanding on Diligent Search Guidelines for Orphan Works' shall also be consulted.
Amendment 123 #
Proposal for a directive Article 3 – paragraph 4 a (new) 4a. Authorised copyright collection societies shall act on behalf of those rightholders who cannot be located even after a diligent search.
Amendment 131 #
Proposal for a directive Article 5 Member States shall ensure that a rightholder in a work considered to be orphan has, at any time, the enforceable possibility of putting an end to the orphan status and, to that end, shall establish a speedy, uniform, cheap procedure.
Amendment 145 #
Proposal for a directive Article 6 – paragraph 4 4. Member States shall ensure that the organisations referred to in Article 1(1),
source: PE-475.839
|
| 5 |
2011/0204(COD) European Account Preservation Order
2013/03/01
JURI
5 amendments...
Amendment 70 #
Proposal for a regulation Article 7 – paragraph 1 – introductory part 1. An EAPO shall be issued in the amount for which it is sought or a part thereof where the claimant submits relevant facts, reasonably corroborated by evidence,
Amendment 72 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 a With a view to making a prima facie case, the applicant may use all forms of evidence admissible in the Member State concerned, including an affirmation in lieu of an oath.
Amendment 75 #
Proposal for a regulation Article 8 – paragraph 2 – point h h) a list of the supporting documents and evidence provided or offered to be provided by the claimant and/or an affirmation in lieu of an oath;
Amendment 80 #
Proposal for a regulation Article 12 a (new) Article 12a Liability of the claimant 1. The claimant shall be liable for any damage caused to the defendant as a result of the setting aside or modification of an EAPO, the suspension of the enforcement of an EAPO or the claim being deemed unfounded during proceedings on the substance of the matter. 2. The courts of the Member State in which the EAPO was set aside or modified shall establish the extent of the damage referred to in paragraph 1.
Amendment 84 #
Proposal for a regulation Article 13 Where an application for an EAPO is made prior to the initiation of proceedings on the substance, the claimant shall initiate such proceedings within
source: PE-506.176
|
| 4 |
2011/0307(COD) Securities: issuers trading on a regulated market, transparency requirements
2012/09/05
JURI
4 amendments...
Amendment 26 #
Proposal for a directive Recital 7 (7) In order to provide for enhanced transparency of payments made to governments, issuers whose securities are admitted to trading on a regulated market and which have activities in the extractive
Amendment 32 #
Proposal for a directive Recital 21 a (new) (21a) A harmonised electronic format for reporting would be very beneficial for issuers established in the Union, since it would facilitate the creation of a one-stop- shop reporting system which could also be used in other fields. Therefore, preparation of financial statements in eXtensible Business Reporting Language (XBRL) should be mandatory with effect from 1 January 2018, after an appropriate period has elapsed for preparation and testing. The experiences of the IASB should be used for assessment of possible XBRL format.
Amendment 42 #
Proposal for a directive Article 1 – point 3 a (new) Directive 2004/109/EC Article 4 – paragraph 7 a (new) (3a) In Article 4, the following paragraph is added: '7a. With effect from 1 January 2018 all financial annual reports shall be prepared in eXtensible Business Reporting Language (XBRL). ESMA shall develop draft regulatory technical standards to specify the XBRL format and the manner in which this provision is to be implemented in the Member States. ESMA shall submit those draft regulatory technical standards to the Commission by 31 December 2013. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the second subparagraph of this paragraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010. Before the adoption of the regulatory technical standards the Commission, together with ESMA, shall carry out an adequate assessment of possible XBRL formats and conduct appropriate tests in all Member States.'
Amendment 46 #
Proposal for a directive Article 1 – point 5 Directive 2004/109/EC Article 6 Member States shall require issuers active in the extractive
source: PE-489.400
|
| 21 |
2011/0308(COD) Company law: annual financial statements, consolidated financial statements and related reports of certain types of undertakings
2012/09/05
JURI
21 amendments...
Amendment 102 #
Proposal for a directive Recital 27 (27)
Amendment 108 #
Proposal for a directive Recital 32 (32) In order to provide for enhanced transparency of payments made to governments, large undertakings and public interest entities which are active in the extractive industry
Amendment 112 #
Proposal for a directive Recital 33 (33) The reports should serve to facilitate governments of resource-rich countries in implementing the EITI Principles and Criteria and account to their citizens for payments such governments receive from undertakings active in the extractive industry
Amendment 117 #
Proposal for a directive Recital 35 (35) In order to take account of future changes to the laws of the Member States and in the legislation of the Union concerning company types, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty in respect of updating the lists of undertakings contained in Annexes I and II. The use of delegated acts is also necessary to adapt the undertaking size criteria, as with the passage of time inflation will erode their real value. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. In order to ensure a relevant and appropriate level of disclosure of payments to governments by the extractive industry and
Amendment 119 #
Proposal for a directive Article 2 – point 13 a (new) (13a) Capital shall be defined with regard to the rules on capital maintenance and limitations to profit distribution as laid down in the Second Council Directive 77/91/EEC of 13 December 1976 on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 54 of the Treaty, in respect of the formation of the public limited liability companies and the maintenance and alteration of their capital, with the view to making such safeguards equivalent1. ______________ 1 OJ L 26, 31. 1. 1977, p. 1.
Amendment 125 #
Proposal for a directive Article 4 a (new) Article 4a eXtensible Business Reporting Language 1. With effect from 1 January 2018, all financial statements will be prepared in eXtensible Business Reporting Language (XBRL). 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 42 in order to specify the XBRL format and the manner in which this provision is to be implemented in the Member States. Prior to the adoption of the delegated act, the European Securities and Markets Authority (‘ESMA’) shall issue to the Commission an opinion on the specification of the format. 3. Before the adoption of the delegated acts referred to in paragraph 2, the Commission, together with ESMA, shall carry out an adequate assessment of possible XBRL formats and conduct appropriate tests in all Member States.
Amendment 145 #
Proposal for a directive Article 19 – paragraph 1 – point b a (new) (ba) the nature and business purpose of the undertaking's arrangements that are not included in the balance sheet and the financial impact on the undertaking of those arrangements provided that the risks or benefits arising from such arrangements are material and in so far as the disclosure of such risks or benefits is necessary for assessing the financial position of the company.
Amendment 148 #
Proposal for a directive Article 23 – paragraph 1 – introductory part 1. A Member State shall require any undertaking governed by its national law to draw up consolidated financial statements and a consolidated management report if that undertaking (a parent undertaking)
Amendment 149 #
Proposal for a directive Article 23 – paragraph 1 – point a (a)
Amendment 150 #
Proposal for a directive Article 23 – paragraph 1 – point b (b)
Amendment 151 #
Proposal for a directive Article 23 – paragraph 1 – point c (c)
Amendment 152 #
Proposal for a directive Article 23 – paragraph 1 – point d Amendment 153 #
Proposal for a directive Article 23 – paragraph 1 – point e Amendment 154 #
Proposal for a directive Article 23 – paragraph 1 – point f – subpoint ii (ii) controls alone, pursuant to an agreement with other shareholders in or members of the other undertaking (s), a majority of shareholders' or members' voting rights. Member States may introduce more detailed provisions concerning the form and contents of such agreements.
Amendment 155 #
Proposal for a directive Article 23 – paragraph 1 – point f – final part – subparagraph -1 (new) Member States shall prescribe at least the arrangements referred to in point (ii) above. They may make the application of point (i) above dependent upon the holding's representing 20 % or more of the shareholders' or members' voting rights.
Amendment 156 #
Proposal for a directive Article 23 – paragraph 1 a (new) 1a. Apart from the cases mentioned in paragraph 1 the Member States may require any undertaking governed by their national law to draw up consolidated financial statements and a consolidated management report if: (a) that undertaking has the power to exercise, or actually exercises, dominant influence or control over the other undertaking(s); (b) that undertaking and the other undertaking(s) are managed on a unified basis by the parent undertaking.
Amendment 171 #
Proposal for a directive Article 36 – paragraph 2 Amendment 176 #
Proposal for a directive Article 36 – paragraph 4 Amendment 189 #
Proposal for a directive Article 37 – paragraph 1 1. Member States shall require large undertakings and all public interest entities active in the extractive industry
Amendment 199 #
Proposal for a directive Article 38 – paragraph 1 – point c Amendment 258 #
Proposal for a directive Article 39 – paragraph 1 1. A Member State shall require any large undertaking or any public interest entity active in the extractive industry
source: PE-489.397
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| 64 |
2011/0359(COD) Statutory audit of public-interest entities: specific requirements
2012/09/11
JURI
64 amendments...
Amendment 199 #
Proposal for a regulation Title Amendment 201 #
Proposal for a regulation Recital 8 (8) Adequate internal organisation of statutory auditors and audit firms should contribute to preventing any threats to their independence. Thus, owners or shareholders of an audit firm, as well as those managing it, should not intervene in the carrying out of a statutory audit in any way which jeopardises the independence and objectivity of the statutory auditor who carries out the statutory audit on behalf of the audit firm. Additionally, statutory auditors and audit firms should establish appropriate internal policies and procedures in relation to employees and other persons involved in the statutory audit activity within their organisations in order to ensure compliance with their statutory obligations. Those policies and procedures should in particular seek to prevent and address any threats to independence and ensure the quality, integrity and thoroughness of the statutory audit. Those policies and procedures should be proportionate in view of the scale and complexity of the business of the statutory auditor or audit firm and the audited entities.
Amendment 205 #
Proposal for a regulation Recital 11 (11) The provision of services other than statutory audit to audited entities by statutory auditors, audit firms or members of their networks may compromise their independence. Therefore, it is appropriate to require
Amendment 212 #
Proposal for a regulation Recital 23 (23) Audit committees, or bodies performing an equivalent function within the audited entity, have a decisive role in contributing to high-quality statutory audit. It is particularly important to reinforce the independence and technical competence of the audit committee by requiring that a majority of its members is independent and that at least one member of the committee has competence in auditing and another one in auditing and/or accounting. Members of the audit committee should take part in skill enhancement programmes to ensure an appropriate level of technical knowledge to fulfil their roles. The Commission Recommendation of 15 February 2005 on the role of non- executive or supervisory directors of listed companies and on the committees of the (supervisory) board26 sets out how audit committees should be established and function. Considering, however, the dimension of boards in companies with reduced market capitalisation and in small and medium-sized public-interest entities, it would be appropriate that the functions assigned to the audit committee for those entities, or to a body performing equivalent functions within the audited entity, may be performed by the administrative or supervisory body as a whole. Public- interest entities which are UCITS or alternative investment funds should also be exempted from the obligation to have an audit committee. This exemption takes into account the fact that where those funds function merely for the purpose of pooling assets, the employment of an audit committee is not appropriate. UCITS and alternative investments funds, as well as their management companies, operate in a strictly defined regulatory environment and are subject to specific governance mechanisms such as controls exercised by their depositary.
Amendment 218 #
Proposal for a regulation Recital 24 (24) It is also important that the role of the audit committee in the selection of a new statutory auditor or audit firm be reinforced, for the benefit of a more informed decision of the general meeting of shareholders or members of the audited entity. Hence, when making a proposal to the general meeting, the board should explain whether it follows the recommendation of the audit committee and, if not, why. The recommendation of the audit committee should include at least two possible choices for the audit engagement, a comprehensive assessment of both proposals, and a duly justified preference for one of them, so that the general meeting can make a real choice. In order to provide a fair and proper justification in its recommendation, the audit committee should use the results of a mandatory
Amendment 227 #
Proposal for a regulation Recital 27 (27) In order to address the familiarity threat and therefore reinforce the independence of auditors and audit firms, it is important to establish a maximum duration of the audit engagement of a statutory auditor or audit firm in a particular audited entity.
Amendment 249 #
Proposal for a regulation Article 3 – paragraph 1 For the purposes of this Regulation, the definitions laid down in Article 2 of Directive 2006/43/EC shall apply, except for the definition
Amendment 254 #
Proposal for a regulation Article 6 – paragraph 1 – subparagraph 1 – point d (d) a statutory auditor or an audit firm shall establish adequate policies and procedures to ensure that outsourcing of important audit functions is not undertaken in such a way as to impair the quality of the statutory auditor’s or audit firm’s internal control and the ability of the competent
Amendment 283 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 A statutory auditor or an audit firm carrying out statutory audit of public- interest entities may provide to the audited entity, to its parent undertaking and to its controlled undertakings statutory audit services
Amendment 288 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 2 Where the statutory auditor belongs to a network, a member of such network may provide to the audited entity, to its parent undertaking and to its controlled undertakings
Amendment 292 #
Proposal for a regulation Article 10 – paragraph 2 – introductory part 2. For the purposes of this Article, related financial audit services
Amendment 293 #
Proposal for a regulation Article 10 – paragraph 2 – point e (e) providing certification on compliance with tax requirements
Amendment 295 #
Proposal for a regulation Article 10 – paragraph 2 – point e a (new) (ea) auditing technology systems, internal control or risk management procedure related to the preparation and/or control of financing information included in the financial statements and advice on risk;
Amendment 297 #
Proposal for a regulation Article 10 – paragraph 2 – point e b (new) (eb) providing assurance on the implementation and further development of electronic data processing systems;
Amendment 298 #
Proposal for a regulation Article 10 – paragraph 2 – point e c (new) (ec) audit of occupational pension schemes and pension obligations;
Amendment 300 #
Proposal for a regulation Article 10 – paragraph 2 – point f (f) any other statutory duty related to audit work imposed by Union and/or national legislation to the statutory auditor or audit firm
Amendment 303 #
Proposal for a regulation Article 10 – paragraph 2 – point f a (new) (fa) providing comfort letters for investors in the context of the issuance of an undertaking's securities and fairness opinions or contribution-in-kind reports.
Amendment 317 #
Proposal for a regulation Article 10 – paragraph 3 – subparagraph 3 – introductory part For the purposes of this Article, non-audit services shall mean in particular:
Amendment 324 #
Proposal for a regulation Article 10 – paragraph 3 – subparagraph 3 – point a – point iii (iii) designing
Amendment 329 #
Proposal for a regulation Article 10 – paragraph 3 – subparagraph 3 – point a – point iv (iv) valuation services
Amendment 337 #
Proposal for a regulation Article 10 – paragraph 3 – subparagraph 3 – point a – point vi (vi) designing
Amendment 344 #
Proposal for a regulation Article 10 – paragraph 3 – subparagraph 3 – point a – point viii a (new) (viiia) human resources services, including recruiting senior management;
Amendment 348 #
Proposal for a regulation Article 10 – paragraph 3 – subparagraph 3 – point a – point viii b (new) (viiib) legal and tax services that go beyond the presentation of alternatives; tax services for natural persons;
Amendment 355 #
Proposal for a regulation Article 10 – paragraph 3 – subparagraph 3 – point b Amendment 374 #
Proposal for a regulation Article 10 – paragraph 3 – subparagraph 4 Amendment 381 #
Proposal for a regulation Article 10 – paragraph 3 – subparagraph 5 Amendment 388 #
Proposal for a regulation Article 10 – paragraph 4 – subparagraph 3 Being involved in the decision-taking of the audited entity and the provision of
Amendment 391 #
Proposal for a regulation Article 10 – paragraph 4 – subparagraph 4 Amendment 397 #
Proposal for a regulation Article 10 – paragraph 5 Amendment 398 #
Proposal for a regulation Article 10 – paragraph 5 Amendment 412 #
Proposal for a regulation Article 10 – paragraph 6 6.
Amendment 456 #
Proposal for a regulation Article 22 – paragraph 4 Amendment 463 #
Proposal for a regulation Article 23 – paragraph 1 – subparagraph 1 a (new) The statutory auditor(s) or the audit firm(s) carrying out statutory audit of credit institutions and insurance undertakings, in accordance with Article 16 of Regulation (EU) No 1093/2010 and of Regulation (EU) No 1094/2010, respectively shall also submit the additional report to the EBA, EIOPA and the ESRB.
Amendment 476 #
Proposal for a regulation Article 23 – paragraph 2 – point e (e) describe the distribution of tasks among the statutory auditor(s)s and/or the audit firm(s) and include a description of the scope and timing of the audit and significant findings from the statutory audit conducted. This should include any significant deficiencies in the internal control system of the audited entity; how they addressed significant difficulties encountered during the audit and other matters arising from the statutory audit that in the statutory auditor's or audit firm's professional judgment are significant to the financial reporting process;
Amendment 500 #
Proposal for a regulation Article 24 – paragraph 4 In
Amendment 520 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 3 a (new) Members of the audit committee shall take part in skill enhancement programmes in order to ensure an adequate technical knowledge level to fulfil their tasks.
Amendment 536 #
Proposal for a regulation Article 32 – paragraph 3 – subparagraph 1 – introductory part Amendment 539 #
Proposal for a regulation Article 32 – paragraph 3 – subparagraph 1 – point a (a)
Amendment 542 #
Proposal for a regulation Article 32 – paragraph 3 – subparagraph 1 – point b (b) the audit
Amendment 543 #
Proposal for a regulation Article 32 – paragraph 3 – subparagraph 1 – point c (c) the audit
Amendment 544 #
Proposal for a regulation Article 32 – paragraph 3 – subparagraph 1 – point d (d) the audit
Amendment 545 #
Proposal for a regulation Article 32 – paragraph 3 – subparagraph 1 – point f (f) the audit committee
Amendment 546 #
Proposal for a regulation Article 32 – paragraph 3 – subparagraph 1 – point g (g) the audit
Amendment 547 #
Proposal for a regulation Article 32 – paragraph 3 – subparagraph 2 Amendment 552 #
Proposal for a regulation Article 32 – paragraph 5 – subparagraph 1 The proposal of the administrative or supervisory board to the general meeting of shareholders or members of the audited entity for the appointment of statutory auditors or audit firms shall include the recommendation made by the audit committee. The proposal to the general meeting shall be accompanied by the results of the comprehensive assessment referred to in Article 32 (2) and (3).
Amendment 572 #
Proposal for a regulation Article 33 – paragraph 1 – subparagraph 2 The public-interest entity may renew th
Amendment 592 #
Proposal for a regulation Article 33 – paragraph 1 – subparagraph 4 Amendment 614 #
Proposal for a regulation Article 33 – paragraph 3 Amendment 620 #
Proposal for a regulation Article 33 – paragraph 4 – subparagraph 2 The statutory auditor or audit firm shall establish an appropriate gradual rotation mechanism with regard to the most senior personnel involved in the statutory audit, including at least the persons who are registered as statutory auditors. The gradual rotation mechanism shall be undertaken in phases on the basis of individuals rather than
Amendment 623 #
Proposal for a regulation Article 33 – paragraph 5 – subparagraph 2 The former statutory auditor or audit firm shall also grant access to the incoming statutory auditor(s) or audit firm(s) to the additional reports to the audit committee referred to in Article 23 of previous years and to any information transmitted to competent authorities pursuant to Articles 25 and 27.
Amendment 647 #
Proposal for a regulation Article 35 a (new) Article 35 a Article 35a Principles of public oversight With regard to public oversight over statutory auditors and audit firms for public-interest entities, the principles of public oversight under Directive 2006/43/EC of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, in particular Chapter VIII thereof, shall apply.
Amendment 648 #
Proposal for a regulation Article 36 Amendment 653 #
Proposal for a regulation Article 37 Amendment 664 #
Proposal for a regulation Article 39 Amendment 728 #
Proposal for a regulation Article 68 – paragraph 2 2. The power to adopt delegated acts referred to in Article
Amendment 729 #
Proposal for a regulation Article 68 – paragraph 3 3. The delegation of powers referred to in Article
Amendment 730 #
Proposal for a regulation Article 68 – paragraph 5 5. A delegated act adopted pursuant to Article
Amendment 733 #
Proposal for a regulation Article 69 a (new) Article 69 a Report on ESMA The Commission shall by X X ( five years after the end of the transitional period) prepare a report on ESMA's current and future role. The Commission shall assess whether ESMA has enough resources to fulfil its tasks according to this Regulation.
Amendment 739 #
Proposal for a regulation Article 72 – paragraph 3 However, Article 32(7) shall apply from […] [the date of the entry into force of the Regulation]
source: PE-500.424
|
| 49 |
2011/0389(COD) Statutory audits of annual accounts and consolidated accounts
2012/11/14
JURI
49 amendments...
Amendment 38 #
Proposal for a directive Article 1 – point 2 – point a Directive 2006/43/EC Article 2 – point 1 – point a (a) required by Union law
Amendment 39 #
Proposal for a directive Article 1 – point 2 – point a Directive 2006/43/EC Article 2 – point 1 – point b Amendment 41 #
Proposal for a directive Article 1 – point 2 – point a Directive 2006/43/EC Article 2 – point 1 – point c Amendment 45 #
Proposal for a directive Article 1 – point 2 – point b Directive 2006/43/EC Article 2 – point 10 Amendment 51 #
Proposal for a directive Article 1 – point 2 – point d Directive 2006/43/EC Article 2 – point 13 – point c (c) insurance undertakings within the meaning of Article 13 of Directive 2009/138/EC of the European Parliament and of the Council(**); Member States may also designate other entities as public-interest entities, for instance entities that are of major public significance because of the nature of their business, their size or the number of their employees;
Amendment 52 #
Proposal for a directive Article 1 – point 2 – point d Directive 2006/43/EC Article 2 – point 13 – point d Amendment 53 #
Proposal for a directive Article 1 – point 2 – point d Directive 2006/43/EC Article 2 – point 13 – point e Amendment 54 #
Proposal for a directive Article 1 – point 2 – point d Directive 2006/43/EC Article 2 – point 13 – point f Amendment 56 #
Proposal for a directive Article 1 – point 2 – point d Directive 2006/43/EC Article 2 – point 13 – point g Amendment 57 #
Proposal for a directive Article 1 – point 2 – point d Directive 2006/43/EC Article 2 – point 13 – point h Amendment 58 #
Proposal for a directive Article 1 – point 2 – point d Directive 2006/43/EC Article 2 – point 13 – point i Amendment 59 #
Proposal for a directive Article 1 – point 2 – point d Directive 2006/43/EC Article 2 – point 13 – point j Amendment 60 #
Proposal for a directive Article 1 – point 3 – point a – point i Directive 2006/43/EC Article 3 – paragraph 2 – subparagraph 1 Amendment 65 #
Proposal for a directive Article 1 – point 3 – point b – point i Directive 2006/43/EC Article 3 – paragraph 4 – subparagraph 1 – point b (i) in the first subparagraph, point (b) is
Amendment 66 #
Proposal for a directive Article 1 – point 3 – point b – point iii Directive 2006/43/EC Article 3 – paragraph 4 – subparagraph 2 Amendment 70 #
Proposal for a directive Article 1 – point 4 Directive 2006/43/EC Article 3a Amendment 71 #
Proposal for a directive Article 1 – point 4 Directive 2006/43/EC Article 3 b– paragraph 2 2. An audit firm that wishes to carry out statutory audits in a Member State other than the one in which it has been approved shall register with the competent
Amendment 73 #
Proposal for a directive Article 1 – point 4 Directive 2006/43/EC Article 3 b – paragraph 3 3. The competent
Amendment 76 #
Proposal for a directive Article 1 – point 5 Directive 2006/43/EC Article 6 – paragraph 1 a (new) ‘The competent
Amendment 78 #
Proposal for a directive Article 1 – point 5 Directive 2006/43/EC Article 6 – paragraph 1 a (new) The competent authorities referred to in Article 32 shall cooperate
Amendment 81 #
Proposal for a directive Article 1 – point 6 – point b Directive 2006/43/EC Article 8 – paragraph 3 The Commission shall be empowered to adopt delegated acts in accordance with Article 48a for the purpose of
Amendment 82 #
Proposal for a directive Article 1 – point 7 Directive 2006/43/EC Article 14 – paragraph 1 1. The competent
Amendment 85 #
Proposal for a directive Article 1 – point 7 Directive 2006/43/EC Article 14 – paragraph 2 – subparagraph 1 Member States shall have the option of offering the applicant the choice between an adaptation period as defined in point (g) of Article 3(1) of Directive 2005/36/EC and an aptitude test as defined in point (h) of that Article. For the purposes of this Article, Article 14(3) of Directive 2005/36/EC shall not apply.
Amendment 86 #
Proposal for a directive Article 1 – point 7 Directive 2006/43/EC Article 14 – paragraph 2 – subparagraph 2 The adaptation period shall not exceed three years and shall be subject to an assessment of professional competence achieved in national law relating to audits.
Amendment 89 #
Proposal for a directive Article 1 – point 7 Directive 2006/43/EC Article 14 – paragraph 3 3. The competent
Amendment 91 #
Proposal for a directive Article 1 – point 8 Directive 2006/43/EC Article 15 – paragraph 1 Amendment 93 #
Proposal for a directive Article 1 – point 10 a (new) Directive 2006/43/EC Article 21 a (new) 10a. The following Article 21a is inserted: ‘Member States shall ensure that undertakings appoint the statutory auditors or the audit firm for a period of at least three years. Reappointments shall be permissible.’
Amendment 99 #
Proposal for a directive Article 1 – point 11 a (new) Directive 2006/43/EC Article 25 11a. Article 25 is amended as follows: ‘Article 25 Quality assurance payment scheme (1) Member States shall be required to introduce a quality assurance payment scheme for the conduct of statutory audits. A quality assurance payment scheme shall comprise at least the following: (a) rules on the minimum number of hours to be spent on audits, depending on predetermined entity-specific factors such as the size of the entity, sector, turnover, balance sheet total and number of employees, and (b) rules on the minimum hours to be spent on the audit by statutory auditors. (2) Member States shall also lay down suitable rules to ensure that payments for statutory audits: (a) are not influenced or determined by the provision of additional services to the audited entity; (b) may not be made contingent on compliance with any conditions; (c) are appropriate. Member States may delegate this task to the competent body responsible for supervision.’
Amendment 102 #
Proposal for a directive Article 1 – point 12 Directive 2006/43/EC Article 26 – paragraph 1 – subparagraph 1 1. Member States shall ensure that statutory auditors and audit firms comply with international auditing standards when carrying out statutory audits as long as those standards are applied proportionately and are in conformity with the requirements of this Directive
Amendment 110 #
Proposal for a directive Article 1 – point 12 Directive 2006/43/EC Article 26 – paragraph 3 Amendment 112 #
Proposal for a directive Article 1 – point 13 a (new) Directive 2006/43/EC Article 28 a (new) Amendment 113 #
Proposal for a directive Article 1 – point 14 – point a – point i Directive 2006/43/EC Article 29 – paragraph 1 – point a Amendment 115 #
Proposal for a directive Article 1 – point 14 – point a – point iii Directive 2006/43/EC Article 29 – paragraph 1 – subparagraph 1 a (new) Amendment 119 #
Proposal for a directive Article 1 – point 14 a (new) Directive 2006/43/EC Article 30 – paragraph 3 14a. Article 30(3) is amended as follows: ‘Member States shall provide that measures taken in respect of, or sanctions imposed on, statutory auditors or audit firms in cases of public relevance are disclosed appropriately to the public, with details of the nature of the offence and the identity of those responsible, provided it is concluded in an assessment of the individual case that the public interest in disclosure outweighs the need to protect the personal dignity of those affected by the measure or sanction. The assessment in each case shall have regard to the fundamental rights laid down in the EU Charter of Fundamental Rights, in particular the right to respect for private and family life and the right to the protection of personal data. Individual details shall not be published where identification of the persons involved would cause them disproportionate damage or where the disclosure would seriously jeopardise the stability of the financial markets. This shall not affect the discretion of the competent authorities to publish details of the measures and sanctions on the basis of anonymity. Sanctions should include the possibility of the withdrawal of approval.’
Amendment 122 #
Proposal for a directive Article 1 – point 15 – point a Directive 2006/43/EC Article 32 – paragraph 1 Amendment 125 #
Proposal for a directive Article 1 – point 15 – point b Directive 2006/43/EC Article 32 – paragraph 3 Amendment 127 #
Proposal for a directive Article 1 – point 15 – point c Directive 2006/43/EC Article 32 – paragraph 4 Amendment 128 #
Proposal for a directive Article 1 – point 15 – point d – introductory part Directive 2006/43/EC Article 32 – paragraph 5 (d) in paragraph 5
Amendment 129 #
Proposal for a directive Article 1 – point 15 – point d Directive 2006/43/EC Article 32 – paragraph 5 – subparagraph 1 Amendment 131 #
Proposal for a directive Article 1 – point 15 – point d Directive 2006/43/EC Article 32 – paragraph 5 – subparagraph 2 Amendment 132 #
Proposal for a directive Article 1 – point 15 – point e Directive 2006/43/EC Article 32 – paragraph 6 Amendment 133 #
Proposal for a directive Article 1 – point 16 Directive 2006/43/EC Article 32 a Amendment 138 #
Proposal for a directive Article 1 – point 17 – point a Directive 2006/43/EC Article 36 – paragraph 3 3.
Amendment 141 #
Proposal for a directive Article 1 – point 19 Directive 2006/43/EC Chapter X Amendment 147 #
Proposal for a directive Article 1 – point 19 d (new) Directive 2006/43/EC Article 42 – paragraph 1 – point b 19d. Point (b) of Article 42(1) is deleted.
Amendment 149 #
Proposal for a directive Article 1 – point 19 f (new) Directive 2006/43/EC Article 42 a Amendment 152 #
Proposal for a directive Article 1 – point 20 Directive 2006/43/EC Article 43 a – paragraph 2 Amendment 157 #
Proposal for a directive Article 1 – point 21 – point a Directive 2006/43/EC Article 45 – paragraph 1 – introductory wording Amendment 165 #
Proposal for a directive Article 1 – point 23 – point c Directive 2006/43/EC Article 47 – paragraph 5 source: PE-500.423
|
| 3 |
2011/0432(CNS) Consular protection for citizens of the Union abroad
2012/06/18
JURI
3 amendments...
Amendment 20 #
Proposal for a directive Recital 25 a (new) (25a) This Directive should not affect the obligation and/or right of unrepresented Member States to assist their citizens directly where necessary and/or desirable.
Amendment 24 #
Proposal for a directive Article 9 – paragraph 1 – point b a (new) (ba) assist the citizen in obtaining the help of a legal advice professional.
Amendment 26 #
Proposal for a directive Article 9 – paragraph 2 2. The embassy or consulate shall inform the citizen's Member State of nationality about the incident, its seriousness and the assistance given
source: PE-491.311
|
| 2 |
2011/0455(COD) Staff Regulations of European Union officials: amendment of the Regulations
2012/03/20
JURI
2 amendments...
Amendment 30 #
Proposal for a regulation Article 1 – point 3 Staff Regulations Article 6 – paragraph 1 – subparagraph 2 Amendment 100 #
Proposal for a regulation Article 1 – point 31 – letter b Staff Regulations Article 66 ‘Basic monthly salaries are for each grade and step in function group AST/SC as provided in the following table: Step Grade 1 2 3 4 5 SC 6 3.844,31 4.005,85 4.174,78 4.290,31 4.349,59 SC 5 3.397,73 3.540,50 3.689,28 3.791,92 3.844,31 SC 4 3.003,02 3.129,21 3.260,71 3.351,42 3.397,73 SC 3 2.654,17 2.765,70 2.881,92 2.962,10 3.003,02 SC 2 2.345,84 2.444,41 2.547,14 2.617,99 2.654,17 SC 1 2.160,45 2.251,24 2.313,87 2.3
source: PE-483.851
|
| 6 |
2011/0901(COD) Court of Justice: statute (amend. Protocol and Annex I)
2011/11/11
AFCO
6 amendments...
Amendment 5 #
Proposal for a regulation Recital 1 (1) In order to
Amendment 9 #
Proposal for a regulation Recital 9 (9) Consequently, the necessary measures should be taken to address this situation, and the possibility, provided for by the Treaties, of increasing the number of Judges of the General Court from 27 to 39 is such as to enable both the volume of pending cases and the excessive duration of proceedings before the General Court to be reduced within a short time.
Amendment 10 #
Proposal for a regulation Recital 9 a (new) (9a) There should be the possibility for a Judge to announce, during the Court's deliberations, that he intends to deliver a dissenting opinion as to the judgment or the reasons on which it is based, to be published together with the judgment. This possibility, which exists in numerous constitutional courts of Member States of the European Union and in the European Court of Human Rights, ensures that the public is aware of the fact that there is not a sole answer to the question before the Court and that legally sound alternatives are conceivable, and may thus have an influence on future judicial practice. It contributes, moreover, to a better understanding and, in a legal system which is largely based on case-law such as that of the European Union, to a better interpretation and application of the Court's findings. Dissenting opinions must be utilised in a way that ensures the necessary authority of the Court and does not compromise the secrecy of deliberations. They must be the sole initiative and responsibility of the Judge concerned. At the same time, they enable the majority to give the reasons for their decision in a clear and straightforward manner. Experience has shown that they do not undermine the reputation of those courts in which they are delivered, as the modalities of their delivery are entirely a matter for the court concerned.
Amendment 12 #
Proposal for a regulation Recital 9 a (new) (9a) The arrangement for nominating judges to the General Court should be modified to reflect a balance between the objective of ensuring the best possible representation of all national legal systems and the need to respond to the requirements of a General Court which is structured more in terms of specialised chambers for each subject. To that end, half of the new Judges (in other words, six of them) should be nominated in line with a procedure that meets this need for specialisation.
Amendment 15 #
Proposal for a regulation Recital 9 b (new) (9b) The basic principle should be that the General Court should comprise at least one Judge and at most two Judges having the nationality of each Member State.
Amendment 22 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 a (new) 1a. The first paragraph of Article 9 shall be replaced by the following: 'When, every three years, the Judges are partially replaced, 20 and 19 Judges shall be replaced alternately.'.
source: PE-475.880
|
| 1 |
2011/2013(INI) Policy options for progress towards a European contract law for consumers and businesses
2011/04/03
JURI
1 amendments...
Amendment 87 #
Motion for a resolution Paragraph 8 8. Acknowledges that e-commerce or distance-selling contracts account for an important share of cross-border transactions; believes, however, that an OI should
source: PE-460.697
|
| 9 |
2011/2037(INI) Audit policy: lessons from the crisis
2011/03/28
JURI
9 amendments...
Amendment 8 #
Motion for a resolution Paragraph 2 a (new) 2a. Takes the view that the auditor, where that role is a statutory one, should be appointed by the audit committee and not by the board of the company to be audited, in which connection at least half the members of the audit committee should have experience of accounting and auditing; considers that the audit committee should take steps to ensure that the auditor is independent, in particular in the light of any consultancy services which the auditor provides or offers to provide;
Amendment 18 #
Motion for a resolution Paragraph 5 5. Agrees with the Commission on the principle that an audit report’s conclusions should focus on substance over form; takes the view that those conclusions should therefore be clear and detailed and address all the aspects of the auditor’s statutory remit;
Amendment 23 #
Motion for a resolution Paragraph 6 6. Calls on the Commission to look into how the role of the auditor might be extended to include audits of risk reports provided by the entity being audited, in addition to verification of the information supplied in the main financial statements; takes the view that if that role is expanded the implications for the auditor’s liability should be taken into account;
Amendment 31 #
Motion for a resolution Paragraph 8 8. Takes the view that audit reports should be brief, with clear, concise conclusions, and that they should include an annex containing additional explanations on general issues such as the methodology used, and specific issues such as key indicators, materiality figures, assessments of the risk involved in the material accounting estimates or materiality judgements made, and any particular problems encountered whilst carrying out the audit; takes the view that the principle of differentiated reporting – depending on the addressees – should be observed;
Amendment 50 #
Motion for a resolution Paragraph 12 12.
Amendment 69 #
Motion for a resolution Paragraph 14 14. Takes the view that
Amendment 74 #
Motion for a resolution Paragraph 15 15. Takes the view that the fees an audit firm can charge a single client should not exceed a certain percentage of its total income so as to prevent a situation in which the audit firm loses its economic independence; considers that when that percentage is set a distinction should be drawn between companies which are and are not involved in the capital market;
Amendment 96 #
Motion for a resolution Paragraph 20 20. C
Amendment 110 #
Motion for a resolution Paragraph 22 22. Calls on the Commission to bring in a system of compulsory tendering on a periodic basis for public interest entities,
source: PE-462.588
|
| 1 |
2011/2046(INI) 14th company law directive on the cross-border transfer of company seats
2011/10/21
JURI
1 amendments...
Amendment 17 #
Motion for a resolution Annex – Recommendation 5 – paragraph 7 source: PE-474.074
|
| 4 |
2011/2058(REG)
2012/02/04
AFCO
4 amendments...
Amendment 43 #
Parliament's Rules of Procedure Rule 123 – paragraph 1 – subparagraph 1 1.
Amendment 54 #
Parliament's Rules of Procedure Rule 123 – paragraph 2 2. The signature of any Member may be added to a declaration entered in the register. Members shall sign the register by hand on a paper list accessible outside the entrance to the Chamber during part- sessions and in an appropriate location, to be determined by the College of Quaestors, between part-sessions. A signature is to be seen as final and cannot be withdrawn. The signatures on the paper list shall be transferred to the electronic register at the end of each day. Paper lists must be archived for one year.
Amendment 58 #
Parliament's Rules of Procedure Rule 123 – paragraph 3 3. Where, at the end of a period of three months from its entry in the register, a declaration is signed by a majority of Parliament's component Members, the President shall notify Parliament accordingly and publish the names of the signatories in the minutes and the declaration as a text adopted, together with a statement that the opinions expressed in it do not constitute the official opinion of the European Parliament but the opinions of the signatories, and that the declaration is a non-binding instrument.
Amendment 65 #
Parliament's Rules of Procedure Rule 123 – paragraph 4 b (new) 4b. All language versions of a successful written declaration shall be published and stored in a special location on Parliament's website.
source: PE-486.057
|
| 1 |
2011/2174(REG) EP Rules of Procedure: code of conduct for Members in respect of financial interests and conflicts of interest (amend.)
2011/07/11
AFCO
1 amendments...
Amendment 52 #
Parliament's Rules of Procedure Annex I (new) – Article 5 (new) Article 5 Gifts or similar benefits 1. Members shall refrain from accepting any gifts or similar benefits in the performance of their duties, except those with an approximate value of less than EUR 150 given in accordance with courtesy usage. 2. Any gifts or similar benefits given to Members, pursuant to paragraph 1, when they are representing Parliament in an official capacity shall be handed over to the President and dealt with in accordance with implementing measures to be laid down pursuant to Article 9. 3. Members shall not accept hospitality except when in accordance with courtesy usage. Attendance upon invitation to any events in the performance of their duties or where Members represent the Parliament shall not be considered as hospitality.
source: PE-475.805
|
| 1 |
2011/2176(INI) Jurisdictional system for patent disputes
2011/07/11
AFCO
1 amendments...
Amendment 8 #
Draft opinion Paragraph 5 5. Is of the opinion that a Unified Patent Court can be created by means of an international agreement; stresses, however, that the Unified Patent Court must respect Union law; believes that this respect for the primacy and proper application of Union law should be ensured inter alia by providing for the possibility of requesting preliminary rulings from the Court of Justice of the European Union in accordance with Article 267 of the TFEU; furthermore it is necessary to ensure that any decision of the Unified Patent Court which infringes European Union law may give rise to some form of financial liability on the part of one or more Member States;
source: PE-475.860
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2011/2181(INI) Corporate governance framework for European companies
2011/05/12
JURI
5 amendments...
Amendment 15 #
Motion for a resolution Paragraph 3 a (new) 3a. Stresses that the Commission’s review of the EU corporate governance framework must take account of the rights and duties conferred on the various company bodies under national law, and in particular the differences between unitary and dual systems; hereinafter essentially uses the term ‘board of directors’ to refer to the supervisory role of directors, which, in a dual structure, generally falls to the supervisory board, without prejudice to the functions conferred on the different company bodies under national law;
Amendment 26 #
Motion for a resolution Paragraph 7 7. Stresses that in
Amendment 31 #
Motion for a resolution Paragraph 8 8. Stresses that boards must include independent individuals with a mix of skills, experiences and backgrounds, that this aspect of their composition should be adapted to the complexity of the activities of the company and that, in unitary systems, it is the responsibility of the Chair to ensure the right balance of skills in the board; in dual systems it is, in any event, the responsibility of the shareholders to ensure the right balance of skills in the supervisory board;
Amendment 59 #
Motion for a resolution Paragraph 20 20. Calls on the Commission to amend the shareholders’ rights Directive in such a way as to provide for the
Amendment 63 #
Motion for a resolution Paragraph 23 23. Considers that
source: PE-478.375
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2011/2275(INI) 28th annual report on monitoring the application of EU Law (2010)
2012/01/06
AFCO
6 amendments...
Amendment 1 #
Draft opinion Paragraph 2 2. Recalls that, despite the Council's opposition, for more than 10 years, Parliament and the Commission have
Amendment 2 #
Draft opinion Paragraph 3 3. Stresses that correlation tables are an invaluable tool to enable the Commission and Parliament to oversee the correct transposition
Amendment 7 #
Draft opinion Paragraph 5 5. Recalls that the non-respect of a deadline for the transposition of a directive is an infringement of the Treaties, like any other non-respect of substantive provisions, and must be seen and treated accordingly; welcomes in this respect the possibility created by the Treaty of Lisbon for a lump sum payment or penalty to be imposed in such cases on the Member State concerned together with the judgment on the infringement under Article 260(3) TFEU;
Amendment 9 #
Draft opinion Paragraph 5 a (new) 5a. Welcomes the Commission's commitment to make use of the Article 260(3) TFEU instrument as a matter of principle in cases of failure to fulfil an obligation covered by this provision, which concerns the transposition of directives adopted under a legislative procedure;
Amendment 11 #
Draft opinion Paragraph 7 7. Draws attention to the direct applicability of provisions of directives when they are sufficiently precise and unconditional (‘direct effect’), suggests that the Commission refers to such provisions in its justification for a directive
Amendment 15 #
Draft opinion Paragraph 8 source: PE-489.456
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2011/2276(INI) 18th report on Better legislation - Application of the principles of subsidiarity and proportionality (2010)
2012/05/31
AFCO
3 amendments...
Amendment 4 #
Draft opinion Paragraph 2 2. Recalls that, in accordance with the principle of subsidiarity, the Union will take action only and insofar as the objectives of a planned measure can be better implemented at Union level;
Amendment 11 #
Draft opinion Paragraph 4 4. Considers it appropriate to pursue the question of whether the small number of formal, reasoned opinions from national parliaments on the subsidiarity of measures, 34 in 2010, is due to the fact that the principle of subsidiarity is observed on all sides, or to the fact that the national parliaments are unable to enforce this principle because of a lack of resources;
Amendment 19 #
Draft opinion Paragraph 4 b (new) 4 b. Regrets that the Commission has not properly reported on the application of the principle of proportionality, especially with regard to the use of Articles 290 and 291 TFEU on delegated and implementing acts; warns the Council not to blur the clear distinction between delegated and implementing acts; urges the Commission to ensure the proper application of these two articles;
source: PE-489.717
2012/06/22
JURI
2 amendments...
Amendment 2 #
Motion for a resolution Paragraph 6 6. Considers
Amendment 4 #
Motion for a resolution Paragraph 7 a (new) 7a. Emphasises that it is essential for scrutiny of the principle of subsidiarity to extend to regional and local levels in the Member States; welcomes, in this regard, the Subsidiarity Annual Report published by the Committee of the Regions and the REGPEX website set up by the Committee, both of which assist the exchange of information and will make for further improvements in the monitoring of subsidiarity;
source: PE-492.605
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2012/0011(COD) Personal data protection: processing and free movement of data (General Data Protection Regulation)
2013/03/04
LIBE
2 amendments...
Amendment 602 #
Proposal for a regulation Recital 99 (99) While this Regulation applies also to the activities of national courts, the competence of the supervisory authorities should not cover the processing of personal data when courts are acting in their judicial capacity, in order to safeguard the independence of judges in the performance of their judicial tasks. However, this exemption should be strictly limited to genuine judicial activities in court cases and in the area of preventive justice and not apply to other activities where judges might be involved in, in accordance with national law.
Amendment 644 #
Proposal for a regulation Recital 127 (127)
source: PE-506.145
2013/03/06
LIBE
3 amendments...
Amendment 1375 #
Proposal for a regulation Article 16 – paragraph 1 The data subject shall have the right to obtain from the controller the rectification of personal data relating to them which are inaccurate. The data subject shall have the right to obtain completion of incomplete personal data, including by way of supplementing a corrective statement. Sentences 1 and 2 do not apply if and to the extent the processing of the personal data without rectification or completion serves to fulfil a legal obligation to which the controller is subject under the law of the European Union or of a Member State, provided that the law of the Member State must meet an objective of public interest, respect the essence of the right to the protection of personal data and be proportionate to the legitimate aim pursued.
Amendment 2201 #
Proposal for a regulation Article 35 – paragraph 3 3. Where the controller or the processor is a public authority or body, the data protection officer may be designated for several of its entities, taking account of the organisational structure of the public authority or body. Member States may adopt specific rules to provide for the designation of a data protection officer for groups of public-office holders.
Amendment 2597 #
Proposal for a regulation Article 51 – paragraph 3 3. The supervisory authority shall not be competent to supervise processing operations of courts acting in their judicial capacity or of notaries acting in their official capacity.
source: PE-506.168
2013/03/08
LIBE
1 amendments...
Amendment 3099 #
Proposal for a regulation Article 84 – paragraph 1 1.
source: PE-506.173
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2012/0022(APP) Statute for a European Foundation (FE)
2013/04/16
JURI
5 amendments...
Amendment 9 #
Motion for a resolution Paragraph 1 – point iv – modification 8 a (new) Amendment 11 #
Motion for a resolution Paragraph 1 – point iv – modification 13 Amendment 14 #
Motion for a resolution Paragraph 1 – point iv – modification 14 a (new) Amendment 16 #
Motion for a resolution Paragraph 1 – point iv – modification 14 b (new) Proposal for a regulation Article 34 – paragraph 2 Amendment 18 #
Motion for a resolution Paragraph 1 – point iv – modification 20 a (new) source: PE-508.073
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2012/2080(REG) EP Rules of Procedure, Rule 181 and 182: verbatim reports; audiovisual record of proceedings
2012/06/07
AFCO
2 amendments...
Amendment 7 #
Parliament's Rules of Procedure Article 181 – paragraph 1 1. A verbatim report of the proceedings of each sitting shall be drawn up
Amendment 9 #
Parliament's Rules of Procedure Article 181 – paragraph 3 3. The multilingual verbatim report shall be published as an annex to the Official Journal of the European Union and shall be preserved in the records of Parliament along with the English language translation thereof.
source: PE-492.856
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2012/2098(INI) Corporate Social Responsibility: accountable, transparent and responsible business behaviour and sustainable growth
2012/11/30
JURI
5 amendments...
Amendment 25 #
Motion for a resolution Paragraph 17 a (new) 17a. Calls on the Commission to ensure that an obligation for systematic reporting on essential information on sustainability does not overburden companies as any new CSR strategy needs to be welcomed by companies; calls on the Commission to allow for a transition period before non- financial reporting on a regular basis comes into force for companies as this transition period would provide companies with the opportunity to first properly implement CSR internally, putting in place an accurate and detailed CSR policy as part of their internal management systems;
Amendment 30 #
Motion for a resolution Paragraph 18 a (new) 18a. Acknowledges that many SMEs in Europe already undertake CSR policies, such as local employment, community engagement, applying good governance policies with their supply chain etc.; however, most of these SMEs do not know that they are actually putting in practice sustainability, CSR and good corporate governance practices; therefore calls on the Commission to first consider SMEs’ current practices before considering CSR strategies specifically for SMEs;
Amendment 31 #
Motion for a resolution Paragraph 20 Amendment 35 #
Motion for a resolution Paragraph 21 21. Calls on the Commission to set up a database for
Amendment 36 #
Motion for a resolution Paragraph 22 22. Recommends that CSR guides and handbooks should be drawn up for SMEs, in electronic form in each instance; stresses, in this connection, the urgent need for more academic research into ways of boosting CSR acceptance among SMEs and into CSR policies’ economic, social and environmental impact at local and regional level;
source: PE-500.760
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2012/2101(INI) Improving access to justice: legal aid in cross-border civil and commercial disputes
2013/03/04
JURI
1 amendments...
Amendment 17 #
Motion for a resolution Paragraph 14 14. Invites the Commission to submit a proposal for amendment of the directive along the above lines,
source: PE-506.178
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Alexandra THEIN on
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Term 7 14.07.2009 / ...
All references link to europarl.euHistory
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