Luigi BERLINGUER
Constituencies
-
Italy
Partito Democratico
2009/07/14 - 9999/12/31
Groups
-
S&D
Member
Group of the Progressive Alliance of Socialists and Democrats in the European Parliament
2009/07/14 - 9999/12/31
Committees
| Role | Committee | Start | End |
|---|---|---|---|
| Member of | Committee on Legal Affairs | 2012/03/01 | 9999/12/31 |
| Substitute of | Committee on Industry, Research and Energy | 2012/01/19 | 9999/12/31 |
Show earlier commitees...
Delegations
| Role | Delegation | Start | End |
|---|---|---|---|
| Member of | Delegation for relations with India | 2009/09/16 | 9999/12/31 |
| Substitute of | Delegation to the EU-Croatia Joint Parliamentary Committee | 2009/09/16 | 9999/12/31 |
Contact
Online
- [javascript protected email address]
Brussels
- Phone
- +322 28 45504
- Fax
- +322 28 49504
- Office
- Bât. Altiero Spinelli 15G346
- Full Address
-
- City
- Bruxelles/Brussel
- Zip
- B-1047
- Street
- 60, rue Wiertz / Wiertzstraat 60
Strasbourg
- Phone
- +333 88 1 75504
- Fax
- +333 88 1 79504
- Office
- Bât. Louise Weiss T06135
- Full Address
-
- City
- Strasbourg
- Zip
- CS 91024 - F-67070
- Street
- 1, avenue du Président Robert Schuman
Postal
- Parlamento europeo
- Rue Wiertz
- Altiero Spinelli 15G346
- B-1047 Bruxelles
Rapporteur
| Responsible | 2013/2024(INI) | Mid-term review of the Stockholm Programme |
| Responsible | 2012/2039(INI) | Statute for a European mutual society |
| Responsible | 2012/2024(INI) | Law of Administrative procedure of the European Union |
| Shadow | 2012/0262(NLE) | Vienna Convention (1963) on Civil Liability for Nuclear Damage, Protocol: ratification or accession by Member States |
| Opinion | 2012/0237(COD) | European political parties and European political foundations: statute and funding |
| Opinion | 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 |
| Responsible | 2011/2180(INI) | Contribution of the European institutions to the consolidation and progress of the Bologna process |
| Shadow | 2011/2089(INI) | Towards a coherent European approach to collective redress |
| Opinion | 2011/0374(COD) | Online consumer dispute resolution |
| Responsible | 2011/0369(COD) | Justice Programme 2014-2020 |
| Opinion | 2011/0369(COD) | Justice Programme 2014-2020 |
| Responsible | 2011/0284(COD) | Common European Sales Law |
| Shadow | 2011/0130(COD) | Mutual recognition of protection measures in civil matters |
| Shadow | 2011/0094(CNS) | Enhanced cooperation in the area of the creation of unitary patent protection: implementation; translation arrangements |
| Responsible | 2010/2080(INI) | Civil law, commercial law, family law and private international law aspects of the Action plan implementing the Stockholm Programme |
| Shadow | 2009/0157(COD) | Judicial cooperation in civil and commercial matters: international succession and creation of a European Certificate of Succession |
Born
1932/07/25 Sassari- Degree in law from the University of Sassari (1955).
- Member of the Deputazione Amministratrice (administrative body) of the Monte dei Paschi di Siena (1970-1975). Editor, Democrazia e Diritto quarterly review (1971-1984). President of the University of Sassari (1972). Rector of the University of Siena (1985-1994). Secretary-General of the Standing Conference of Italian University Rectors (CRUI) (1989-1994). Member of the Supreme Judicial Council (CSM) (2002-2006). Founder and president of the European Network of Councils for the Judiciary (ENCJ) (2004-2007). Currently editor of "Education 2.0" on-line magazine (www.educationduepuntozero.it); chair of the National Committee for Music Education in Schools; chair of the Committee for the Development of Science and Technology.
- Former chair of the National Committee of Guarantors of the Partito Democratico; former member of the regional and national leadership of the PCI (Italian Communist Party), PDS (Democratic Party of the Left) and DS (Democrats of the Left).
- Mayor of the municipality of Sennori (Sassari) (1960-1964). Member, Tuscany Regional Council (1975-1982). PCI Member of Parliament for Sardinia (1963-1968); chair of the "Progressisti - Federativo" group of Members of Parliament (1994-1996); chair of the Italian Chamber of Deputies' Standing Committee 14 on European Union Policies; member of the Senate Committee on European Communities Affairs.
- Acting Minister of Higher Education and Scientific and Technological Research (1996-1998); Minister of Education (in the Prodi and D'Alema governments) (1996-2000).
- Member of the European Parliament, first vice-chair of the Committee on Legal Affairs and member of the Committee on Culture and Education (since 2009).
- Grand Cross of Merit of the Federal Republic of Germany, French Legion of Honour and Grand Cross of the Republic of Italy. Honorary degrees from: University of Toronto, University of La Plaza, Paris V Descartes University, University of Buenos Aires and Roma Tre University.
Amendments
| Amendments | Dossier |
| 3 |
2009/0157(COD) Judicial cooperation in civil and commercial matters: international succession and creation of a European Certificate of Succession
2011/01/07
JURI
3 amendments...
Amendment 131 #
Proposal for a regulation Recital 12 a (new) (12a) For determining the habitual residence as the centre of interests, account should be taken of the circumstances of the life of the deceased at the time of their death and during the preceding years, taking account of the duration and regularity of their presence in that particular place and the circumstances of and reasons for it.
Amendment 132 #
Proposal for a regulation Recital 12 b (new) (12b) In particular, habitual residence means the place in which a person lives permanently, namely the centre of his or her family and social life, rather than the place in which the person habitually works.
Amendment 238 #
Proposal for a regulation Article 41 – paragraph 2 a (new) 2a. If a Member State requires further formalities for the transfer of property deeds or other rights in rem relating to immovable succession property, or if those deeds or rights have to be publicly registered, the European Certificate of Succession shall expressly indicate those formalities and, in order to make it easier for citizens, shall refer them to the e-justice portal for the technical details. Member States which request such further formalities shall forward to the Commission all the relevant information so that it can be published on the e-justice portal and be made public.
source: PE-464.765
|
| 29 |
2009/2178(INI) Enforcement of intellectual property rights in the internal market
2010/02/03
JURI
29 amendments...
Amendment 7 #
Motion for a resolution Recital A A. whereas
Amendment 10 #
Motion for a resolution Recital A b (new) Ab. whereas knowledge sharing and dissemination of innovation are strong traditions in the European Union; whereas access by the greatest possible number to technological progress and cultural products continues to be the foundation of education and development policy,
Amendment 14 #
Motion for a resolution Recital C C. whereas data concerning the scale of IPR infringements are inconsistent, incomplete, insufficient and dispersed, and therefore do not provide a basis for any additional criminal legislative initiatives,
Amendment 17 #
Motion for a resolution Recital F F. whereas the
Amendment 20 #
Motion for a resolution Recital F a (new) Fa. whereas efforts to tackle on-line non- commercial file sharing have created a strong and prejudicial antagonism between the creative industries and their public, and it is therefore necessary to explore new ways of creating synergy between the rights of the public and the revenues of authors and creators,
Amendment 26 #
Motion for a resolution Recital G G. whereas, with the exception of legislation on penalties under the criminal law, a Community legal framework already exists with regard to the phenomenon of counterfeiting
Amendment 30 #
Motion for a resolution Recital H a (new) Ha. whereas the telecoms regulatory framework has recently been amended, rejecting proposals for so-called graduated response schemes at EU level, and instead includes provisions for standardised public interest notices which can address, among other things, copyright and infringement thereof without jeopardising data protection and privacy rights and stresses the need to respect fundamental rights in matters relating to Internet access,
Amendment 32 #
Motion for a resolution Recital J J. whereas there are proven connections between various forms of organised crime and IPR infringements, in particular counterfeiting
Amendment 41 #
Motion for a resolution Paragraph 1 a (new) 1a. Views as regrettable the fact that the Commission links the terms ‘piracy’ and ‘counterfeiting’ in its communication, thereby creating a legal grey area with regard to the offence being referred to;
Amendment 43 #
Motion for a resolution Paragraph 1 b (new) 1b. Wonders about the accuracy of the word ‘piracy’ as used to designate the non-commercial exchange of content on line, which leads to a de facto criminalisation of millions of European citizens, particularly young people;
Amendment 44 #
Motion for a resolution Paragraph 1 c (new) 1c. Urges the Commission to distinguish, in the above mentioned strategy between counterfeiting of goods, which is an obvious infringement of intellectual property rights and should be punished, and online file sharing, which should not be punished as long as it is of a non- commercial nature;
Amendment 45 #
Motion for a resolution Paragraph 1 d (new) 1d. Recalls that an exception to IPRs exists in the cultural area: the ‘private copy’; calls on the Commission to retain this exception and to adapt it to new technological progress and the internet; stresses the potential usefulness of authorising sharing between individuals of copies for non-commercial use and linking them to new mutualised forms of funding for creative endeavour;
Amendment 54 #
Motion for a resolution Paragraph 4 4.
Amendment 59 #
Motion for a resolution Paragraph 6 6.
Amendment 60 #
Motion for a resolution Paragraph 6 a (new) 6a. Calls on the Commission to ensure that the measures aimed at strengthening the application of intellectual property rights in the internal market do not impinge on the legitimate right to interoperability, this being essential to healthy competition on the digital works distribution market, inter alia for the authors and users of free software;
Amendment 82 #
Motion for a resolution Paragraph 15 Amendment 87 #
Motion for a resolution Paragraph 16 16.
Amendment 89 #
Motion for a resolution Paragraph 17 Amendment 92 #
Motion for a resolution Paragraph 18 18. Stresses that a number of factors have allowed this phenomenon to develop, particularly technological advances and the lack of legitimate offers; recalls however that this phenomenon constitutes a violation of IPR to which appropriate, urgent solutions need to be found, geared to the sector concerned and in compliance with fundamental rights;
Amendment 94 #
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
Amendment 99 #
Motion for a resolution Paragraph 20 20.
Amendment 101 #
Motion for a resolution Paragraph 20 a (new) 20a. Asks the Commission to recognize the non-commercial file sharing associated with alternative reward systems, including the creation of a new exception or limitation to the making available and reproduction rights;
Amendment 104 #
Motion for a resolution Paragraph 21 21. Calls on the Commission to think broadly about methods of facilitating industry’s access to the digital market without geographical borders by addressing urgently the issue of multi- territory licences where there is substantial demand from consumers, as well as an effective and transparent system for rights management,
Amendment 108 #
Motion for a resolution Paragraph 21 a (new) 21a. Invites the Commission to adopt an open-ended approach to the proposals that have emerged regarding the recognition of online file sharing by producing comprehensive data regarding the economic aspects of mutualised funding schemes for creation based on non-market exchanges of digital content (such as the ‘creative contribution’ or ‘Kulturflatrate’);
Amendment 109 #
Motion for a resolution Paragraph 21 a (new) 21a. Stresses the need to ensure that any legislative measure should not restrict in any way the fundamental rights to data protection and privacy as recognised in EU law;
Amendment 112 #
Motion for a resolution Paragraph 22 22. Supports steps taken by the Commission with a view to identifying the best ways to further improve the EU Customs Regulation which allows the detention of goods suspected of infringing IPRs and is, as such, one of the pillars of the Union legal framework designed to enforce IPRs, and calls on the Commission and Member States to ensure that the detention of goods whose illegality is not proven should be as short as possible to avoid illegitimately blocking international transfers of such goods when an overriding general interest, such as public health, is at stake in countries of destination;
Amendment 114 #
Motion for a resolution Paragraph 23 23. Calls on the Commission to pursue innovative and upgraded cooperation between administrative departments and the various sectors of industry concerned, without prejudice to the traditional and legal distinction between the roles and competences of the law enforcement and judicial authorities and of the industry;
Amendment 116 #
Motion for a resolution Paragraph 24 24. Calls on the Commission to step up its cooperation with priority third countries with regard to intellectual property and
Amendment 122 #
Motion for a resolution Paragraph 27 27. Stresses the importance of fighting organised crime in the area of IPRs, in particular counterfeiting
source: PE-439.233
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| 2 |
2009/2182(INI) Financial, economic and social crisis: recommendations concerning the measures and initiatives to be taken. Mid-term report
2010/06/24
CRIS
2 amendments...
Amendment 731 #
Motion for a resolution Paragraph 83 83. Considers it a priority to restore hope to a generation of young people
Amendment 1045 #
Motion for a resolution Paragraph 126 126. Considers that education should be placed at the very heart of the Union's economic strategy, with the goal of raising the overall quality of all levels of education and training in the EU, combining both excellence and equity and reforming the traditional educational model into a learner-centred system. Believes that education ought to constitute a public good in the eyes of the Union, which would thereby acquire specific responsibility in that field, investment being needed in all aspects of the education system, in quality of education and in broadening access to higher education; proposes the introduction of a permanent and inclusive European-
source: PE-443.104
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| 2 |
2009/2224(INI) Internet of Things
2010/04/13
JURI
2 amendments...
Amendment 8 #
Draft opinion Paragraph 4 4. Recalls the need to inform, consult and actively involve consumers and consumer organisations in order to avoid negative developments and to protect civil rights, personal data and privacy;
Amendment 13 #
Draft opinion Paragraph 8 8. Believes it is necessary to study how Internet of Things applications will affect users’ control over their own privacy and how will they react, and how privacy and security features can be integrated into those systems right from the early design stages; considers the protection of personal data to be essential, and accordingly calls on the Commission to conduct a study into the impact of Internet of Things applications;
source: PE-440.180
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| 2 |
2009/2229(INI) Internet governance: the next steps
2010/04/13
JURI
2 amendments...
Amendment 1 #
Draft opinion Recital B a (new) Ba. whereas, in the governance of the Internet, the private sector has so far had a prevailing and positive guiding role; whereas, however, the role of public bodies should be strengthened when defining overall strategy,
Amendment 3 #
Draft opinion Paragraph 1 a (new) 1a. Stresses the importance of Internet as a public service; reaffirms the need to guarantee free access and to overcome all digital divide phenomena;
source: PE-440.184
|
| 2 |
2010/0115(NLE) Guidelines for the employment policies of the Member States. Part II of the Europe 2020 Integrated Guidelines
2010/06/16
EMPL
2 amendments...
Amendment 225 #
Proposal for a decision Annex – Guideline 8 – paragraph 1 Member States should promote productivity and employability through an adequate supply of knowledge and skills to match current and future demand in the labour market, so as to provide individuals, at all stages in their lives, with more and better qualifications and vocations skills, which are a precondition for effective and sustainable growth. Quality initial education and attractive vocational training must be complemented with effective incentives for lifelong learning, second-chance opportunities, ensuring every adult the chance to move one step up in their qualification, and by targeted migration and integration policies. Member States should develop systems for recognising acquired competencies, remove barriers to occupational and geographical mobility of workers, promote the acquisition of transversal competences and creativity, and focus their efforts particularly on supporting those with low skills and increasing the employability of older workers, while at the same time enhance the training, skills and experience of highly skilled workers, including researchers.
Amendment 257 #
Proposal for a decision Annex – Guideline 9 – paragraph 1 source: PE-442.935
|
| 8 |
2010/0384(NLE) Enhanced cooperation in the area of the creation of unitary patent protection
2011/01/21
JURI
8 amendments...
Amendment 2 #
Motion for a resolution Recital D D. whereas it had quickly become clear that some Member States had specific problems which made it impossible for them to accept the proposed regulation; whereas, in particular, some Member States were unable to accept the translation arrangements for the Community patent, which led the Council to conclude that, on account of the translation regime issue,
Amendment 4 #
Motion for a resolution Recital L L. whereas despite
Amendment 8 #
Motion for a resolution Recital O Amendment 11 #
Motion for a resolution Recital R Amendment 13 #
Motion for a resolution Recital S Amendment 16 #
Motion for a resolution Recital T T. whereas the requirements of Articles 326 to 334 TFEU are also satisfied; whereas enhanced cooperation will facilitate the proper functioning of the internal market by eliminating obstacles to free movement of goods, helping to tackle patent infringements, possibly increasing the number of inventors seeking patent protection throughout the Union, providing equal access to unitary patent protection to all inventors, innovative companies and patent-holders whether they come from participating Member States or non-participating Member States, providing an additional instrument available to all patent-holders in the Union, improving the framework conditions for innovative businesses throughout the Union, and eliminating, among participating Member States, the current fragmentation where patent right "borders" exist between Member States,
Amendment 18 #
Motion for a resolution Recital V Amendment 22 #
Motion for a resolution Recital X X. whereas Article 328(1) TFEU provides that enhanced cooperation is to be open at any time to all Member States that wish to participate; whereas the Commission should promote from the beginning participation of as many Member States as possible,
source: PE-456.861
|
| 5 |
2010/2013(INI) Key competences for a changing world: implementation of the education and training 2010 work programme
2010/07/04
CULT
5 amendments...
Amendment 4 #
Motion for a resolution Recital A a (new) Aa. having regard to the priority need to improve the quality of education and training for all students in order to attain better results and competences, initially through new and more incisive policies to increase educational supply,
Amendment 5 #
Motion for a resolution Recital B B. whereas despite some improvement in education and training performance in the European Union the majority of the EU benchmarks set out for 2010 will not be reached, whereas in particular skills levels remain inadequate and whereas one third of the population of Europe have very low-level educational qualifications,
Amendment 14 #
Motion for a resolution Recital F F. whereas the benefits of educational investment are seen only in the long-term perspective and are often set aside in the policy agenda; whereas we should call for EU guidance on the quality of education and training systems, and budgetary restraint should not occur in this area; whereas the EU therefore needs to equip itself with budgetary mechanisms not tied to annual programming in the field of education and training,
Amendment 27 #
Motion for a resolution Paragraph 2 2. Notes that despite progress in recent years many European citizens are still not yet sufficiently skilled; points out that one in seven young people (18-24) leave school early (6 million drop-outs in EU 27), that one in four 15-year-olds have poor reading skills, and that around 77 million people (nearly one third of Europe’s population aged 25-64) have no, or low, formal qualifications and only one quarter have high-level qualifications; stresses that very low skills levels are a persistent problem throughout the EU;
Amendment 33 #
Motion for a resolution Paragraph 3 a (new) 3a. Considers it vital to introduce policies seeking to improve the quality of education and training for all students and stresses that, in order for European educational systems to meet the challenge of global competitiveness, it is necessary to increase the educational opportunities available, which must be of a higher level and broader scope in order to meet the pressing demands of professional sectors and the labour market;
source: PE-439.935
|
| 6 |
2010/2080(INI) Civil law, commercial law, family law and private international law aspects of the Action plan implementing the Stockholm Programme
2010/06/09
JURI
6 amendments...
Amendment 8 #
Motion for a resolution Recital H H. whereas the co-existence of different legal systems within the Union should be seen as a strength, not a weakness: after all, its two great legal families have been adopted by or served as an inspiration for legal systems all over the world; whereas the
Amendment 10 #
Motion for a resolution Recital Ha (new) Ha. whereas, in the meantime, greater dialogue and professional contact should be encouraged and promoted at European level in order to enable changes in teaching and programmes to be determined according to the needs of practitioners, their clients and the market as a whole; whereas the Commission’s forthcoming communication on an Action Plan on European training for all legal professions should take account of the different teaching traditions and methods and also the different needs of practitioners operating in different geographical or practice areas, while fostering the exchange of best practices,
Amendment 11 #
Motion for a resolution Recital I I.. whereas it is vital not to leave practitioners out of account in building a European judicial culture; whereas although it is self-evident that Member States and national professional bodies maintain responsibility for determining the most appropriate training to address the needs of lawyers and their clients in each Member State in accordance with the principle of subsidiarity and that the national professional bodies are best placed to identify those needs because they are closer to the practitioners and the market in which they operate, those bodies have a vital role to play at European level; whereas it is essential to involve and draw upon existing structures, particularly the universities and the professional organisations; whereas there is need for a root and branch revision of judicial training and practitioner training and university syllabuses; whereas it is essential to initiate serious reflection on how the Union may effectively assist this and encourage the competent national authorities to accept ownership of this project,
Amendment 21 #
Motion for a resolution Paragraph 7a (new) 7a. Considers that the Commission should support the ongoing effective dialogue and communication that take place between European legal professional bodies at the Council of Bars and Law Societies of Europe (CCBE); believes that this could be used as a basis from which to establish further cross-border training initiatives of professional bodies in partnership with other European stakeholders, such as the Academy of European Law (ERA);
Amendment 23 #
Motion for a resolution Paragraph 9 9. Bearing in mind that education and training is primarily a Member State competence, calls on the Commission to initiate a dialogue with all those responsible for legal education with a view to achieving these aims; recommends also that in
Amendment 25 #
Motion for a resolution Paragraph 9a (new) 9a. Considers that, especially at the stage of the drafting of Union legislation in the field of, in particular, civil and family law, room should be created for national and Union judges to have a say on the purely technical aspects of proposed measures in order to ensure that the future legislation may be implemented and applied with a minimum of difficulty by national judges; takes the view that this could also assist in create further contacts between judges, thus opening up new channels of communication; positively welcomes input from national judiciaries in the course of legislative procedures;
source: PE-445.987
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| 7 |
2011/0130(COD) Mutual recognition of protection measures in civil matters
2012/04/13
JURI, FEMM
7 amendments...
Amendment 63 #
Proposal for a regulation Recital 12 a (new) (12a) Bearing in mind the principle of mutual recognition on which this Regulation is based, all official communications relating to a protection measure should take place, as far as possible, directly between the competent authorities of the Member State of origin and of the Member State of recognition, and the protected person should be kept informed. In order to ensure effective and speedy cross-border protection against potential threats, the protection measures taken and the certificates issued should also be recorded in a Union-wide database guaranteeing, for national authorities, secure and swift access to the information required.
Amendment 64 #
Proposal for a regulation Recital 12 b (new) (12b) Given the different legal traditions of the Member States, the protection measure taken in the Member State of origin may not be known in the Member State of recognition. In such cases, the competent authority in the Member State of recognition should, as far as possible, adapt the protection measure to one known and already provided for under its national law which has equivalent effects and pursues similar aims and interests. The competent authority in the Member State of recognition should be able, in accordance with its national law, to apply civil, administrative or criminal measures.
Amendment 65 #
Proposal for a regulation Recital 13 a (new) (13a) Due attention should also be paid to the need for the protected person to receive information and assistance in an easily accessible and comprehensive form. That information and assistance should in particular be provided in the language of the protected person. Steps should also be taken to ensure that the protected person can be understood during any interactions with competent authorities. In this connection, the protected person's knowledge of the language used to provide information, and his or her age, maturity, intellectual and emotional capacities, level of literacy and any mental or physical impairment relating, for example, to sight or hearing, should be taken into account. Equally, account should be taken of any limitations on a protected person's ability to communicate information. The role of those organisations should merely complement, not replace, the leading role that should be played by Member States.
Amendment 68 #
Proposal for a regulation Recital 13 b (new) (13b) Member States should recognise, encourage and support the work of civil society in supporting victims, including victims of gender-based violence, and establish effective methods of cooperation. Member States should facilitate contact between protected persons and those victim-support organisations during all proceedings relating to the recognition and enforcement of protection measures. To that end, the assisting services of the Member State of recognition should provide information on, or refer the protected person to, victim-support organisations that are able to provide assistance. However, this should complement, not replace, support services provided by the Member State concerned.
Amendment 77 #
Proposal for a regulation Article 5 – paragraph 2 2. The competent authorities of the Member State of origin shall issue the certificate using the standard form set out in the Annex, containing, inter alia
Amendment 79 #
Proposal for a regulation Article 8 If a protection measure is not known in the Member State of recognition, the competent authority in that Member State shall, to the extent possible, adapt the protection measure to one known and already provided for under its own law which has equivalent effects attached to it and pursues similar aims and interests.
Amendment 88 #
Proposal for a regulation Article 16 – paragraph 1a (new) This shall not, however, exempt the protected person from applying for legal aid in the Member State of recognition.
source: PE-487.696
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| 7 |
2011/0136(COD) Orphan works: permitted uses
2011/10/28
JURI
7 amendments...
Amendment 54 #
Proposal for a directive Recital 4 (4) The exclusive rights for authors of reproduction and of making available to the public of their works, as harmonised under Directive 2001/29/EC of the European Parliament and Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, require the consent of the author prior to the digitisation and making available of a work and concern specific acts of reproduction made by publicly accessible libraries, educational establishments or museums, or by archives, which are not for direct or indirect economic or commercial advantage, as referred to in Article 5(2)(c) of Directive 2001/29/EC.
Amendment 74 #
Proposal for a directive Recital 18 (18) Contractual arrangements may play a role in fostering the digitisation of European cultural heritage, it being understood that libraries, educational establishments, museums or archives, audio and film heritage institutions may, with a view to undertake the uses permitted under this Directive, conclude agreements with commercial partners for the digitisation and making available of orphan works. These agreements may include financial contributions by such partners.
Amendment 78 #
Proposal for a directive Recital 20 (20) This Directive should
Amendment 86 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive concerns certain uses of orphan works undertaken by publicly accessible libraries, educational establishments or museums as well as by archives, audio and film heritage institutions and public service broadcasting organizations.
Amendment 98 #
Proposal for a directive Article 1 – paragraph 2 – point 3 (3) Cinematographic, audio or audiovisual works produced by public service broadcasting organisations
Amendment 109 #
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) shall ensure that a diligent search is carried out
Amendment 115 #
Proposal for a directive Article 3 – paragraph 2 2. The sources that are appropriate for each category of works shall be determined by each Member State, in consultation with rightholders and users, and include, the sources listed in the Annex, provided these sources are publicly accessible online.
source: PE-475.839
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| 6 |
2011/0359(COD) Statutory audit of public-interest entities: specific requirements
2012/09/11
JURI
6 amendments...
Amendment 246 #
Proposal for a regulation Article 2 – paragraph 1 – point b a (new) (ba) Member States may exempt public interest entities which have not issued transferable securities admitted to trading on a regulated market within the meaning of point 14 of Article 4(1) of Directive 2004/39/EC and their statutory auditor(s) or audit firm(s) from one or more of the requirements of this regulation.
Amendment 252 #
Proposal for a regulation Article 5 – paragraph 1 a (new) (1a) Where a cooperative within the meaning of Article 2(14) of Directive 2006/43/EC, a savings bank or a similar entity as referred to in Article 45 of Directive 86/635/EEC, a subsidiary or a legal successor of a cooperative, a savings bank or a similar entity as referred to in Article 45 of Directive 86/635/EEC is required or permitted under national provisions to be a member of a non-profit- making auditing entity, an objective, reasonable and informed party would not conclude that the membership-based relationship compromises the statutory auditor's independence, provided that when such an auditing entity is conducting a statutory audit of one of its members, the principles of independence laid down in this Chapter are applied to the auditors carrying out the audit and those persons who may be in a position to exert influence on the statutory audit.
Amendment 276 #
Proposal for a regulation Article 9 – paragraph 3 a (new) 3a. Where Article 37 (2) of Directive 2006/43/EC applies paragraph 2 and 3 of this Article shall not apply.
Amendment 530 #
Proposal for a regulation Article 32 – paragraph 1 – subparagraph 1 For the purposes of the application of Article 37 (1) of Directive 2006/43/EC, for the appointment of statutory auditors or audit firms by public-interest entities, the conditions set out in paragraphs 2 to
Amendment 531 #
Proposal for a regulation Article 32 – paragraph 1 – subparagraph 2 Where Article 37(2) of Directive 2006/43/EC applies, the public-interest entity shall only inform the competent authority of the use of the alternative systems or modalities referred to in that Article; in this case paragraphs 2 to 6 of this Article shall not apply.
Amendment 598 #
Proposal for a regulation Article 33 – paragraph 1 a (new) 1 a. For the purposes of the application of Article 37 (1) of Directive 2006/43/EC, for the appointment of statutory auditors or audit firms by public-interest entities, the conditions set out in paragraphs 2 to 7 shall apply. Where Article 37 (2) of Directive 2006/43/EC applies paragraphs 2 to 4 of this Article shall not apply.
source: PE-500.424
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| 7 |
2011/0371(COD) 'Erasmus for all' - Programme for Education, Training, Youth and Sport 2014-2020
2012/11/10
CULT
7 amendments...
Amendment 790 #
Proposal for a regulation Article 14 a (new) - title (new) Article 14a The European Student Loan Guarantee Facility
Amendment 791 #
Proposal for a regulation Article 14 a (new) - paragraph 1 (new) 1. A European Student Loan Guarantee Facility ('the Facility') shall be established with the aim of providing students with an additional tool enabling them to enhance their mobility in the context of studies at the level of a master's degree. This experimental tool shall be complementary to, and shall not replace, the grant systems supporting student mobility which are already in place at local, national and Union level.
Amendment 792 #
Proposal for a regulation Article 14 a (new) - paragraph 1 a (new) 1a. The Facility shall be open to all students resident in a participating country as defined in Article 18(1), who wish to study for a full master's degree in another participating country for one or two years.
Amendment 793 #
Proposal for a regulation Article 14 a (new) - paragraph 1 b (new) 1b. Before the Facility can be launched, a detailed study shall be undertaken by the Commission to identify the challenges which students may potentially face when taking out a loan for a course of study abroad. In addition, the Commission shall undertake a study and a risk analysis within the framework of the Facility to study the impact that taking out a loan may have on a student's choice of study subject, country of destination and career perspectives, on levels of debt amongst students, on the possibility of a brain drain between the countries where student mobility could take place and on the possible consequences which the Facility may have on the financing of higher education.
Amendment 794 #
Proposal for a regulation Article 14 a (new) - paragraph 1 c (new) 1c. The Commission shall administer the funding of the Facility which shall be delivered through a trustee with a mandate to implement it pursuant to fiduciary agreements setting out the detailed rules and requirements governing the implementation of the financial instrument relating thereto and the respective obligations of the parties in line with the provisions laid down in this Regulation. The financial instrument shall comply with the provisions regarding financial instruments laid down in the Financial Regulation and in the delegated act replacing the Implementing Rules. In accordance with Article 18(2) of the Financial Regulation, revenues and repayments generated by the guarantees shall be assigned to the financial instrument. That financial instrument, which shall take into account students´ and market needs as well as take-up, the excessive debt risk, the Facility's social and economic impacts on beneficiaries and their social background, education and training, shall be subject to the monitoring and evaluation provided for in Article 15(2) of this Regulation. Member States and stakeholders shall be consulted at all stages throughout the establishment, implementation and evaluation of the financial instrument.
Amendment 795 #
Proposal for a regulation Article 14 a (new) - paragraph 1 d (new) 1d. The provisions of the Financial Regulation governing the implementation of the Facility shall lay down special rules regarding full income contingent repayment condition, permitting the students concerned to defer repayment of the loan until such time as they reach a level of income that exceeds the average salary in their country of residence.
Amendment 796 #
Proposal for a regulation Article 14 a (new) - paragraph 1 e (new) 1e. A maximum rate of interest for student loans granted pursuant to the Facility, not exceeding the average rate of inflation in the Member States during the previous calendar year, shall be set. If the financial intermediaries concerned exceed the rate of interest thus set, the Commission shall back up any interest payable in excess of that rate.
source: PE-497.797
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| 10 |
2011/0399(COD) Horizon 2020 - Framework Programme for Research and Innovation 2014-2020: rules for participation and dissemination
2012/02/07
ITRE
4 amendments...
Amendment 217 #
Proposal for a regulation Article 2 – paragraph 1 – point 15 (15) 'results‘ means any data, knowledge
Amendment 368 #
Proposal for a regulation Article 17 a (new) Article 17a Time to Grant The Commission or the relevant funding body shall ensure that the time between the deadline for proposals as established by the individual calls for proposals and the signature of the grant agreement, or where applicable the grant decision, shall be limited to a maximum period of six months. A prolongation by one additional month may be applied in exceptional cases. Consequences for both the Commission and participants should be provided. For example after the period of six months the Commission will be obliged to stipulate the grant agreement and the participant in good faith will be able to start the implementation of the research.
Amendment 387 #
Proposal for a regulation Article 20 – paragraph 1 1. The members of any consortium wishing to participate in an action shall appoint one of them to act as coordinator which shall be identified in the grant agreement. The coordinator shall be the mandatory contact between the members of consortium, represent the consortium in relations with the Commission or the relevant funding body and monitor the compliance by members of consortium with their obligations under the grant agreement.
Amendment 391 #
Proposal for a regulation Article 20 – paragraph 3 3. The consortium may propose to add or remove a participant or change a coordinator in accordance with the respective provisions of the grant agreement and the consortium agreement, provided that this change is in conformity with the
source: PE-492.762
2012/03/07
ITRE
6 amendments...
Amendment 480 #
Proposal for a regulation Article 23 – paragraph 2 a (new) 2a. Value added tax ('VAT') and any other indirect tax paid by, and which cannot be refunded to, the beneficiary according to the applicable national legislation, shall be considered as eligible costs
Amendment 495 #
Proposal for a regulation Article 24 – paragraph 1 a (new) 1a. Alternatively to paragraph 1, a beneficiary may opt to determine its indirect eligible costs based on indirect costs that actually incurred in direct relationship with the eligible direct costs attributed to the project, according to the beneficiary's usual cost accounting practices. Consequently, the reimbursement rates as indicated in Article 22(3) will be applied
Amendment 509 #
Proposal for a regulation Article 25 – paragraph 1 1. Eligible personnel costs shall
Amendment 510 #
Proposal for a regulation Article 25 – paragraph 2 2.
Amendment 512 #
Proposal for a regulation Article 25 – paragraph 2 a (new) 2a. The evidence regarding the hours worked shall be provided by the participant, normally through a time recording system. For persons working exclusively for the action, no time recording is required. In such cases, the participant shall sign a declaration confirming that the person concerned has worked exclusively for the action.
Amendment 520 #
Proposal for a regulation Article 25 – paragraph 3 3. The grant agreement shall contain the minimum requirements for the time recording system
source: PE-492.763
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| 7 |
2011/0401(COD) Horizon 2020 - Framework Programme for Research and Innovation 2014-2020
2012/02/07
ITRE
4 amendments...
Amendment 877 #
Proposal for a regulation Annex 1 – Part 1 – point 1 – point 1.3 – paragraph 5 By 2020, the ERC therefore shall aim to demonstrate: that the best researchers are participating in the ERC's competitions, that ERC funding has led directly to scientific publications of the highest quality and to the commercialisation and application of innovative technologies and ideas and that the ERC has contributed significantly to making Europe a more attractive environment for the world's best scientists. In particular, the ERC shall target a measurable improvement in the Union's share of the world's top 1 % most highly cited publications. In addition it shall aim at a substantial increase in the number of excellent researchers from outside Europe whom it funds and specific improvements in institutional practices and national policies to support top researchers. Last but not least, the possibility should be evaluated of applying innovative technologies and ideas up to a complete commercialisation.
Amendment 891 #
Proposal for a regulation Annex 1 – Part 1 – point 2 – point 2.2 – paragraph 1 Radical breakthroughs with a transformative impact increasingly rely on intense collaboration across disciplines in science and technology (for instance, information and communication, biology, chemistry, mathematics, physics, earth system sciences, material sciences, neuro- and cognitive sciences, social sciences or economics) and with the arts and humanities. This requires not only excellence in science and technology but also new attitudes and novel interactions between a broad range of players in research.
Amendment 932 #
Proposal for a regulation Annex 1 – Part 1 – point 3 – point 3.3 – point a – paragraph 2 Key activities shall be to provide excellent and innovative training, also in the field of the third mission of university, to early- stage researchers at post-graduate level via interdisciplinary projects or doctoral programmes involving universities, research institutions, businesses, SMEs and other socio-economic groups from different countries. This will improve career prospects for young post-graduate researchers in both the public and private sectors.
Amendment 955 #
Proposal for a regulation Annex 1 – Part 1 – point 4 – point 4.2 – paragraph 2 Further development and wider use of research infrastructures at Union level will make a significant contribution to development of the European Research Area.
source: PE-492.761
2012/03/07
ITRE
1 amendments...
Amendment 1698 #
Proposal for a regulation Annex 1 – Part 3 – point 6.3 – point 6.3.1 – paragraph 2 – point a (a) mechanisms to promote smart, sustainable and inclusive growth taking into account the European cultural heterogeneity;
source: PE-492.790
2012/06/29
ITRE
2 amendments...
Amendment 358 #
Proposal for a regulation Recital 27 a (new) (27a) Universities play a fundamental role within the scientific and technological base of the Union as basic institutions of excellence, both in training and research, due to their essential role of linking the implementation of the European Higher Education Area to the European Research Area.
Amendment 359 #
Proposal for a regulation Recital 27 b (new) (27b) In order to maximize the impact of Horizon 2020 special consideration should be given to basic science as well as to multidisciplinary and interdisciplinary approaches as necessary elements for major scientific progress. Breakthroughs in science often take place at the boundaries or intersections of disciplines. Furthermore, the complexity of the problems and challenges that Europe is facing requires solutions that can only be tackled from several disciplines working together.
source: PE-492.656
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| 24 |
2011/2013(INI) Policy options for progress towards a European contract law for consumers and businesses
2011/04/03
JURI
24 amendments...
Amendment 9 #
Motion for a resolution Recital D a (new) Amendment 11 #
Motion for a resolution Recital E E. whereas it is clear that the application of foreign (consumer) law to cross-border transactions under the Rome-I Regulation
Amendment 14 #
Motion for a resolution Recital E a (new) Ea. whereas this needs verifying in the light of the application of Article 6(2) and Article 4(1), point (a) of the Rome-I Regulation, which allows businesses to apply their national law, bearing in mind that Rome I has only been applied since December 2009;
Amendment 18 #
Motion for a resolution Recital F F. whereas such transaction costs are perceived as
Amendment 19 #
Motion for a resolution Recital F a (new) Amendment 20 #
Motion for a resolution Recital F b (new) Fb. whereas it is of paramount importance that any initiative from the EU will have to answer real needs and concerns of both businesses and consumers; whereas these concerns also extend to legal/linguistic problems (provisions of standard terms and conditions for small businesses in all EU languages) and the difficulties in enforcing contracts across borders (provisions of autonomous EU measures in the field of procedural law);
Amendment 22 #
Motion for a resolution Recital G G. whereas
Amendment 31 #
Motion for a resolution Recital H H. whereas any steps taken in the area of European contract law must be co
Amendment 33 #
Motion for a resolution Paragraph 1 1. Looks forward to the publication of the Expert Group's results in order to clarify the scope and the con
Amendment 36 #
Motion for a resolution Paragraph 2 2. Favours the option 4 of setting up an optional instrument (OI) by means of a regulation after clarification of the legal basis; believes that such an OI could be complemented by a ‘toolbox’ that should be endorsed by means of an interinstitutional agreement;
Amendment 44 #
Motion for a resolution Paragraph 2 a (new) 2a. Calls on the Commission to clarify the contents of the toolbox and to consider complementing the OI by "model contract terms and conditions" for small businesses, translated into all languages; further calls on the Commission to expand the range of autonomous cross- border procedural instruments so as to facilitate the enforcement of cross-border transactions;
Amendment 63 #
Motion for a resolution Paragraph 5 5. Sees a
Amendment 66 #
Motion for a resolution Paragraph 5 a (new) 5a. Calls on the Commission to clarify the advantages of such an instrument for both consumers and businesses;
Amendment 67 #
Motion for a resolution Paragraph 5 b (new) 5b. Is concerned about the confusion the additional set of rules would create for SMEs, but, in particular, for consumers, bearing in mind that in order to enforce their rights consumers have to be aware of them;
Amendment 68 #
Motion for a resolution Paragraph 5 c (new) 5c. Insists that the legislation creating the OI be adopted under the ordinary legislative procedure and that the optional instrument itself be subject to scrutiny and amendment under that procedure;
Amendment 75 #
Motion for a resolution Paragraph 6 6. Believes that both business-to-business and business-to-consumer contracts should be covered; emphasises that the level of consumer protection would need to be high
Amendment 83 #
Motion for a resolution Paragraph 7 7.
Amendment 94 #
Motion for a resolution Paragraph 9 a (new) 9a. Calls on the Commission and the Expert Group to clarify what is to be considered as "core contractual law issues";
Amendment 98 #
Motion for a resolution Paragraph 10 10. Sees benefits in an OI containing specific provisions for the most frequent types of contract, in particular for the sale of goods and provision of services; reiterates its earlier call to include insurance contracts within the scope of the OI, believing that such an instrument could be particularly useful for small-scale insurance contracts; points out that some specific issues in connection with which an OI might be beneficial have been raised, such as digital rights and beneficial ownership; considers that, on the other hand, there might be a need to exclude certain types of complex public law contracts; in any case believes that the scope of the OI should be limited in the first instance;
Amendment 101 #
Motion for a resolution Paragraph 10 a (new) 10a. Believes that the OI should be coherent with the existing acquis in contract law;
Amendment 103 #
Motion for a resolution Paragraph 11 11.
Amendment 115 #
Motion for a resolution Paragraph 13 13. Recalls that further work on cross- border alternative dispute resolution (ADR), which is speedy and cost-effective in particular for SMEs and consumers, remains a priority, but emphasises that, if the parties use one body of law provided by an OI, ADR will be further facilitated; calls on the Commission to consider synergies when putting forward a proposal;
Amendment 121 #
Motion for a resolution Paragraph 15 15. Notes concerns that consumers seldom feel they have a choice with regard to contract terms and are confronted with a ‘take it or leave it’ situation; strongly believes that an attractive OI, by opening up business opportunities and strengthening competition, will actually broaden the overall choice available to consumers while ensuring a high level of protection; wishes however for an explanation as to how this high level of protection can be achievable and as to how, at the same time, it would be possible to make the OI attractive to business;
Amendment 125 #
Motion for a resolution Paragraph 16 16. Emphasises the vital importance of involving stakeholders from throughout the Union and from different sectors of activity, including legal practitioners and recalls the Commission to undertake a wide and transparent consultation with all the stakeholders before it takes a decision based on the results of the Expert Group;
source: PE-460.697
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| 21 |
2011/2089(INI) Towards a coherent European approach to collective redress
2011/09/22
JURI
21 amendments...
Amendment 6 #
Motion for a resolution Recital B a (new) Ba. whereas the benefits of the ADR method are undisputed, fair access to justice should remain available to all EU citizens,
Amendment 7 #
Motion for a resolution Recital B b (new) Bb. whereas, according to the Flash Eurobarometer on "Consumer attitudes towards cross-border trade and consumer protection" of March 2011, 79% of European consumers state that they would be more willing to defend their rights in court if they could join a collective action,
Amendment 8 #
Motion for a resolution Recital C C. whereas national and European authorities play a pivotal role in the enforcement of EU law, and private enforcement
Amendment 10 #
Motion for a resolution Paragraph 2 2. Notes the efforts made by the US Supreme Court to limit frivolous litigation and the abuse of the US class action system
Amendment 12 #
Motion for a resolution Paragraph 3 3. Welcomes the efforts of Member States to strengthen the rights of victims of unlawful behaviour by introducing legislation aimed at facilitating redress while avoiding an abusive litigation culture; stresses
Amendment 13 #
Motion for a resolution Paragraph 3 a (new) 3a. Underlines the considerable benefits of collective judicial actions in terms of costs and legal certainty for the claimants, defendants and the judicial system alike by avoiding parallel litigation of similar claims;
Amendment 14 #
Motion for a resolution Paragraph 3 b (new) 3b. Calls on the Commission to foster effective relief at EU level for consumers and SMEs by means of a EU-wide legal instrument on collective redress for both national and cross-border cases, on the basis of a set of common principles inspired by the EU legal tradition and the legal orders of the 27 Member States, consistent and parallel with specific sectoral legislative initiatives;
Amendment 16 #
Motion for a resolution Paragraph 4 4.
Amendment 19 #
Motion for a resolution Paragraph 5 5. Notes that enforcement mechanisms that already exist at EU level
Amendment 20 #
Motion for a resolution Paragraph 6 6. Takes the view that injunctive relief could also play
Amendment 22 #
Motion for a resolution Paragraph 7 7. Considers that injunctive relief should focus both on the protection of the individual interest and
Amendment 28 #
Motion for a resolution Paragraph 8 8. Takes the view that disputes frequently cover different industry sectors and different areas of law and that victims of unlawful behaviour face the same difficulties in obtaining redress in different sectors, and is concerned that any EU initiatives in the field of collective redress will result in a fragmentation of national procedural and damages laws which will weaken and not strengthen access to justice within the EU; in the event that it is decided after due consideration that a Union scheme of collective redress is needed and desirable, asks that any proposal in the field of collective redress should take the form of a horizontal legal instrument including a set of common principles providing uniform access to justice within the EU and specifically dealing with all the breaches of consumers' rights regardless of the policy field;
Amendment 30 #
Motion for a resolution Paragraph 8 a (new) 8a. Believes that the current exploratory work on an EU scheme of collective redress should not cause further delays in adopting sector-specific legislative initiatives in the field of competition, environment or consumers' law;
Amendment 36 #
Motion for a resolution Paragraph 9 9. Stresses that any horizontal legally binding instrument must cover
Amendment 40 #
Motion for a resolution Paragraph 10 Amendment 45 #
Motion for a resolution Paragraph 11 11. Considers that collective action under a horizontal instrument should be permissible where the defendant and victims represented are not domiciled in the same Member State (cross-border dimension) and where the rights alleged to have been infringed are granted by EU legislation (infringement of EU law) and in case of national infringements;
Amendment 49 #
Motion for a resolution Paragraph 12 – indent 1 (new) – the judge should maintain discretionary powers on the admissibility of collective damage claims;
Amendment 50 #
Motion for a resolution Paragraph 12 – indent 1 –
Amendment 60 #
Motion for a resolution Paragraph 12 a (new) Amendment 61 #
Motion for a resolution Paragraph 13 13. Stresses that many of the infringements of Union law identified by the Commission in the field of EU consumer protection measures call for the strengthening of injunctive relief
Amendment 66 #
Motion for a resolution Paragraph 15 a (new) 15a. Notes that ADR mechanisms often depend on the trader's willingness to cooperate and the availability of an effective judicial redress system would act as a strong incentive for parties to agree on out -of -court settlement, which is likely to avoid a considerable number of cases, thereby avoiding litigation;
source: PE-472.305
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| 2 |
2011/2294(INI) Modernising Europe's higher education systems
2012/02/02
CULT
2 amendments...
Amendment 120 #
Motion for a resolution Paragraph 13 a (new) 13a. Urges all EU countries to implement the national qualification frameworks linked to the Qualifications Framework of the EHEA and to develop and financially support mutual recognition;
Amendment 121 #
Motion for a resolution Paragraph 13 a (new) 13a. Stresses that greater coordination among Member States in the field of higher education - also through a strong financial and political support for agreements on common core curricula and well defined learning outcomes - is a precondition for the achievement of the goals of employability and growth in Europe;
source: PE-480.629
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| 3 |
2012/2024(INI) Law of Administrative procedure of the European Union
2012/09/19
JURI
3 amendments...
Amendment 1 #
Proposal for a recommendation Citation 13 a (new) - having regard to the 'Public service principles for the EU civil service' published by the European Ombudsman on 19 June 2012;
Amendment 2 #
Proposal for a recommendation Recital J a(new) Ja. whereas a European Law of Administrative Procedure would help the Union´s Administration in using its power of internal organisation to facilitate and promote the highest standards of administration;
Amendment 6 #
Proposal for a recommendation Annex – Recommendation 3 – indent 7 – paragraph 1 Principle of transparency: the Union's administration shall be open. It shall document the administrative procedures and keep adequate records of incoming and outgoing mail, documents received and the decisions and measures taken.
source: PE-496.437
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