Antonio LÓPEZ-ISTÚRIZ WHITE
Constituencies
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Spain
Partido Popular
2009/07/14 - 9999/12/31
Show earlier Constituencies...
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Spain
Partido Popular
2004/07/20 - 2009/07/13
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Spain
Partido Popular
2004/07/20 - 2009/07/13
Groups
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PPE
Member of the Bureau
Group of the European People's Party (Christian Democrats)
2009/09/16 - 9999/12/31
Show earlier groups...
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PPE
Member
Group of the European People's Party (Christian Democrats)
2009/07/14 - 2009/09/15
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PPE-DE
Member of the Bureau
Group of the European People's Party (Christian Democrats) and European Democrats
2004/08/31 - 2009/07/13
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PPE-DE
Member
Group of the European People's Party (Christian Democrats) and European Democrats
2004/07/20 - 2004/08/30
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PPE-DE
Member
Group of the European People's Party (Christian Democrats) and European Democrats
2004/07/20 - 2004/08/30
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PPE-DE
Member
Group of the European People's Party (Christian Democrats) and European Democrats
2004/08/31 - 2009/07/13
Committees
| Role | Committee | Start | End |
|---|---|---|---|
| Member of | Committee on Legal Affairs | 2012/01/19 | 9999/12/31 |
| Substitute of | Subcommittee on Security and Defence | 2012/01/19 | 9999/12/31 |
| Substitute of | Committee on Foreign Affairs | 2012/01/19 | 9999/12/31 |
Show earlier commitees...
Delegations
| Role | Delegation | Start | End |
|---|---|---|---|
| Member of | Delegation to the Parliamentary Assembly of the Union for the Mediterranean | 2009/09/16 | 9999/12/31 |
| Member of | Delegation for relations with Israel | 2009/09/16 | 9999/12/31 |
Show earlier delegations...
| Role | Delegation | Start | End |
|---|---|---|---|
| Substitute of | Delegation for relations with the United States | 2009/09/16 | 2013/01/29 |
| Member of | Delegation to the ACP-EU Joint Parliamentary Assembly | 2004/09/15 | 2009/07/13 |
| Substitute of | Delegation for relations with the countries of south-east Europe | 2007/03/14 | 2009/07/13 |
| Substitute of | Delegation for relations with the countries of south-east Europe | 2004/09/16 | 2007/03/13 |
| Member of | Delegation to the ACP-EU Joint Parliamentary Assembly | 2004/09/15 | 2009/07/13 |
| Substitute of | Delegation for relations with the countries of south-east Europe | 2004/09/16 | 2007/03/13 |
| Substitute of | Delegation for relations with the countries of south-east Europe | 2007/03/14 | 2009/07/13 |
Contact
Online
- [javascript protected email address]
Brussels
- Phone
- +322 28 45713
- Fax
- +322 28 49713
- Office
- Bât. Altiero Spinelli 11E158
- Full Address
-
- City
- Bruxelles/Brussel
- Zip
- B-1047
- Street
- 60, rue Wiertz / Wiertzstraat 60
Strasbourg
- Phone
- +333 88 1 75713
- Fax
- +333 88 1 79713
- Office
- Bât. Louise Weiss T09009
- Full Address
-
- City
- Strasbourg
- Zip
- CS 91024 - F-67070
- Street
- 1, avenue du Président Robert Schuman
Postal
- Parlamento Europeo
- Rue Wiertz
- Altiero Spinelli 11E158
- B-1047 Bruselas
Rapporteur
| Responsible | 2013/0019(NLE) | 2007 Hague Convention on the international recovery of child support and other forms of family maintenance: declarations and reservations (Annexes II and III) |
| Responsible | 2011/0411(COD) | Partnership instrument for cooperation with third countries 2014-2020 |
| Opinion | 2011/0243(COD) | Maritime safety: accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers. Recast |
| Opinion | 2011/0185(CNS) | Methods and procedure for making available the traditional and GNI-based own resources and measures to meet cash requirements. Recast |
| Responsible | 2011/0130(COD) | Mutual recognition of protection measures in civil matters |
| Opinion | 2011/0129(COD) | Rights, support and protection of victims of crime: minimum standards |
| Opinion | 2011/0105(COD) | Export and import of hazardous chemicals. Recast |
| Responsible | 2011/0053(COD) | Car industry: tyres for motor vehicles and their trailers, fitting. Codification |
| Opinion | 2009/0165(COD) | Asylum: common procedures for granting and withdrawing international protection status. Recast |
| Responsible | 2008/2123(INI) | Legal protection of adults: cross-border implications |
| Opinion | 2008/0244(COD) | Asylum: minimum standards for the reception of asylum seekers. Recast |
| Opinion | 2007/2093(INI) | Towards an EU strategy on the rights of the child |
| Opinion | 2007/0113(COD) | Protection of consumers: timeshare, long-term holiday products, resale and exchange contracts (repeal. Directive 94/47/EC) |
| Opinion | 2005/2224(INI) | Report on European political parties |
| Opinion | 2005/0242(COD) | Maritime transport: civil liability and financial guarantees of shipowners |
| Responsible | 2004/0090(COD) | Foodstuffs intended for particular nutritional uses (repeal. Directive 89/398/EC). Codification |
| Responsible | 2004/0074(COD) | Railway transport: licensing of railway undertakings (repeal. Directive 95/18/EC). Codification |
| Opinion | 2004/0069(CNS) | Terrorism: exchange of information on terrorist offences while respecting the Charter of Fundamental Rights |
| Responsible | 2003/0333(COD) | Water pollution: dangerous substances discharged in the aquatic environment (repeal. Directive 76/464/EEC). Codification |
Born
1970/04/01 Pamplona- Graduate in law. Graduate in economics.
- Coordinator in the field of education and culture for the Partido Popular in the Community of Madrid (1996-1997).
- Secretary-General of the European People's Party (EPP) (2002).
- Personal assistant to the Prime Minister (1999-2002).
- Parliamentary assistant in the European Parliament (1997-1999).
- Secretary and Treasurer of the Centre for European Studies (CES).
- Executive secretary of the Centrist Democrat International (CDI).
Amendments
| Amendments | Dossier |
| 15 |
2010/0384(NLE) Enhanced cooperation in the area of the creation of unitary patent protection
2011/01/21
JURI
15 amendments...
Amendment 1 #
Motion for a resolution Citation -1 (new) - having regard to the proposal for a Council regulation on the translation arrangements for the European Union patent (COM(2010)0350) and its impact assessment,
Amendment 3 #
Motion for a resolution Recital H H. whereas the entry into force of the Lisbon Treaty on 1 December 2009 brought about a change of the legal basis for the creation of the EU patent by introducing Article 118 of the Treaty on the Functioning of the European Union ("TFEU"), according to which: “In the context of the establishment and functioning of the internal market, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish measures for the creation of European intellectual property rights to provide uniform protection of intellectual property rights throughout the Union and for the setting up of centralised Union-wide authorisation, coordination and supervision arrangements.”
Amendment 5 #
Motion for a resolution Recital L L. whereas
Amendment 7 #
Motion for a resolution Recital N a (new) Na. whereas the Commission has not assessed the impact of its proposal on enhanced cooperation,
Amendment 9 #
Motion for a resolution Recital O O. whereas Parliament has verified non- compliance with Article 20 of the Treaty on European Union ("TEU") and Articles 326 to 334 TFEU,
Amendment 12 #
Motion for a resolution Recital R R. whereas
Amendment 14 #
Motion for a resolution Recital S S. whereas it is clearly apparent from the antecedents
Amendment 15 #
Motion for a resolution Recital T T. whereas the requirements of Articles 20, 326 to 334 TFEU are
Amendment 17 #
Motion for a resolution Recital U U. whereas, in particular, enhanced cooperation in this area does not compl
Amendment 19 #
Motion for a resolution Recital V Amendment 20 #
Motion for a resolution Recital W W. whereas enhanced cooperation will not respect the rights
Amendment 21 #
Motion for a resolution Recital X Amendment 25 #
Motion for a resolution Recital Y Y. whereas
Amendment 27 #
Motion for a resolution Paragraph 1 1.
Amendment 28 #
Motion for a resolution Paragraph 2 source: PE-456.861
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| 5 |
2010/2245(INI) Innovation Union: transforming Europe for a post-crisis world
2011/04/03
JURI
5 amendments...
Amendment 3 #
Draft opinion Paragraph 1 Amendment 4 #
Draft opinion Paragraph 2 Amendment 12 #
Draft opinion Paragraph 8 a (new) 8a. Urges the European Commission to follow the recommendation of the Interim Evaluation of the Seventh Framework Programme (Expert Group) when it asks a moratorium on new instruments should be considered until the existing ones have been sufficiently developed and adequately evaluated, and care should be taken to avoid a confusing proliferation of instruments;
Amendment 13 #
Draft opinion Paragraph 8 b (new) 8b. Considers that in order to guarantee the success of the new instruments for innovation that are going to be developed in the EU2020 strategy its necessary to approve clear and specific 'Rules of Participation' that include an obligatory proportion of small enterprises;
Amendment 14 #
Draft opinion Paragraph 8 c (new) 8c. Asks the European Commission to present to the European Parliament an external evaluation of the innovation instruments created under the Seventh Framework Programme, such as, for example, technological platforms and JETIs (Joint European Technology Initiatives), whereby the evaluation should cover activities, calls for proposals, innovation projects and results (if any) and the economic contribution from public and private funds.
source: PE-458.757
|
| 19 |
2011/0094(CNS) Enhanced cooperation in the area of the creation of unitary patent protection: implementation; translation arrangements
2011/10/26
JURI
19 amendments...
Amendment 20 #
Proposal for a regulation Recital 8 (8) In the case of a dispute concerning a European patent with unitary effect, it is a legitimate requirement that the patent proprietor should provide a full translation of the patent into an official language of the participating Member State in which either the alleged infringement took place or in which the alleged infringer is domiciled. For reasons of legal certainty, the translation must be a faithful reflection of the original wording of the patent. The patent proprietor should also be required to provide, at the request of a court competent in the territory of the participating Member States for disputes concerning the European patent with unitary effect, a full translation of the patent into the language of proceedings of that court. Such translations should not be carried out by automated means and should be provided at the expense of the patent proprietor. In the case of a dispute concerning a claim for damages the court hearing the dispute should take into consideration that, before having been provided with a translation in his own language, the alleged infringer
Amendment 22 #
Proposal for a regulation Recital 9 (9) In order to facilitate access to European patents with unitary effect, in particular for small and medium-size enterprises, applicants who do not have a language in common with one of the official languages of the European Patent Office should be able to file their patent applications and any other procedural documents at the European Patent Office in any other official language of the Union. As a complementary measure,
Amendment 23 #
Proposal for a regulation Recital 9 a (new) (9a) In the interests of persons who use a language for filing which is not one of the official languages of the European Patent Office, and taking into consideration European Union practice following the ruling of the Court of Justice in Case C-361/01 P1, the European Patent Office should implement a system in which the language for filing should be used for all correspondence relating to the application unless the applicant expressly indicates that he wishes the European Patent Office to use one of its official languages. ________________________________ 1 Judgment of the Court of Justice of 9 September 2003 in Case C-361/01 P Kik v OHIM [2003] ECR I-8283.
Amendment 24 #
Proposal for a regulation Recital 10 (10) In order to promote the availability of patent information and the dissemination of technological knowledge, machine translations of patent applications and specifications into all official languages of the Union should be available as soon as possible. Machine translations are being developed by the European Patent Office and are a very important tool seeking to improve access to patent information and to disseminate widely the technological knowledge. The timely availability of high quality machine translations of European patent applications and specifications into all official languages of the Union would benefit all the users of the European patent system.
Amendment 26 #
Proposal for a regulation Recital 11 (11) During a transitional period
Amendment 28 #
Proposal for a regulation Article 4 – paragraph 1 1. In the case of a dispute relating to a European patent with unitary effect, the patent proprietor shall provide at the request and the choice of an alleged infringer, a full translation of the patent into an official language of the participating Member State in which either the alleged infringement took place or in which the alleged infringer is domiciled. The translation must be a faithful reflection of the original wording of the patent.
Amendment 31 #
Proposal for a regulation Article 4 – paragraph 4 4. In the case of a dispute concerning a claim for damages, the court hearing the dispute shall take into consideration that the alleged infringer
Amendment 32 #
Proposal for a regulation Article 5 – paragraph 1 Amendment 33 #
Proposal for a regulation Article 5 – paragraph 1 a (new) 1a. The participating Member States, shall, within the meaning of Article 143 of the EPC, give the European Patent Office the task of administering a compensation scheme for the reimbursement of all translation costs up to a ceiling, from the fees referred to in Article 13 of Regulation xx/xx [substantive provisions], for applicants filing patent applications or any other procedural documents at the European Patent Office in one of the official languages of the Union that is not an official language of the European Patent Office.
Amendment 36 #
Proposal for a regulation Article 5 – paragraph 1 b (new) 1b. The compensation scheme referred to in paragraph 1 shall be funded through the fees referred to in Article 13 of Regulation xx/xx [substantive provisions] and shall be available only for small and medium-sized enterprises, natural persons and non-profit organisations having their residence or principal place of business within a Member State of the Union.
Amendment 37 #
Proposal for a regulation Article 5 – paragraph 1 c (new) 1c. The compensation scheme referred to in paragraph 1 shall ensure full of the translation costs up to a ceiling set in such a way as to reflect the average market price for translations and to avoid abuse. Those costs shall not be reimbursed where the European Patent Office rules that a translation into an official language is not necessary.
Amendment 38 #
Proposal for a regulation Article 5 – paragraph 1 d (new) 1d. In the interests of persons who use a language for filing which is not one of the official languages of the European Patent Office, and taking into consideration European Union practice following the ruling of the Court of Justice in Case C-361/01 P1, the European Patent Office shall implement a system in which the language for filing is used for all correspondence relating to the application unless the applicant expressly indicates that he wishes the European Patent Office to use one of its official languages. ________________________________ 1 Judgment of the Court of Justice of 9 September 2003 in Case C-361/01 P Kik v OHIM [2003] ECR I-8283.
Amendment 39 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1. During a transitional period of not more than four years starting on the date of application of this Regulation in accordance with Article 7(2) of this Regulation, a request for unitary effect as referred to in Article 12 of Regulation xx/xx [substantive provisions] shall be submitted together with the following:
Amendment 40 #
Proposal for a regulation Article 6 – paragraph 1 – point a (a) where the language of the proceedings is French or German, a full translation with legal effects of the specification of the European patent into English; or
Amendment 41 #
Proposal for a regulation Article 6 – paragraph 1 – point b (b) where the language of the proceedings is English, a full translation with legal effects of the specification of the European patent into any official language of the participating Member States that is an official language of the Union.
Amendment 43 #
Proposal for a regulation Article 6 – paragraph 2 2. In accordance with Article 12 of Regulation xx/xx [substantive provisions], the participating Member States, shall give, within the meaning of Article 143 of the EPC, the European Patent Office the task of publishing the translations referred to in paragraph 1 as soon as possible after the date on which a request for unitary effect as referred to in Article 12 of Regulation xx/xx [substantive provisions] is filed.
Amendment 44 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 46 #
Proposal for a regulation Article 6 – paragraph 4 4.
Amendment 47 #
Proposal for a regulation Article 6 – paragraph 5 source: PE-475.788
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| 7 |
2011/0129(COD) Rights, support and protection of victims of crime: minimum standards
2012/07/03
JURI
7 amendments...
Amendment 35 #
Proposal for a directive Recital 24 (24) Any
Amendment 40 #
Proposal for a directive Article 3 – point f a (new) (fa) that they have a right to interpretation and translation in every case, free of charge;
Amendment 44 #
Proposal for a directive Article 4 – paragraph 2 2. Member States shall ensure that victims are offered the opportunity to be notified when the person prosecuted or sentenced for offences concerning them is released from detention. Victims shall receive this information
Amendment 57 #
Proposal for a directive Article 18 – paragraph 2 – point b a (new) (ba) Victims of terrorist attacks, victims of paedophilia and cybercrime.
Amendment 62 #
Proposal for a directive Article 24 – paragraph 1 1. Member States shall ensure that police, prosecutors and court staff always receive both general and specialist training to a level
Amendment 63 #
Proposal for a directive Article 24 – paragraph 2 a (new) 2a. Member States shall always ensure that lawyers have access to both general and specialist training to sensitise them to the needs of victims and to help them to deal with them in an impartial, respectful and professional manner.
Amendment 64 #
Proposal for a directive Article 24 – paragraph 3 3. Member States shall always take measures to ensure that those providing victim support and restorative justice services receive adequate training to a level
source: PE-483.848
|
| 1 |
2011/0130(COD) Mutual recognition of protection measures in civil matters
2012/04/13
JURI, FEMM
1 amendments...
Amendment 78 #
Proposal for a regulation Article 5 – paragraph 3 – point ii (ii) at the request of the protected person, or, where appropriate, of the legal representative, guardian or tutor of the protected person on that person's behalf, in any other case; when adopting a protection measure, the competent authority of the Member State of origin shall inform the
source: PE-487.696
|
| 1 |
2011/0294(COD) Trans-European transport network: guidelines
2012/11/10
TRAN
1 amendments...
Amendment 877 #
Proposal for a regulation Annex I – Volume 16/33 add the following sea ports to the comprehensive network: – Marín y Ría de Pontevedra – Vilagarcía de Arousa – Gandía – Alcudía – Guía de Isora – Salinetas – Arinaga
source: PE-496.673
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| 1 |
2011/0901(COD) Court of Justice: statute (amend. Protocol and Annex I)
2012/12/01
JURI
1 amendments...
Amendment 20 #
Draft regulation Recital 10 a (new) (10a) The rotation system for the appointment of Judges to the General Court should guarantee the stability of the composition of the General Court and the efficient and smooth operation of the institution, ensuring as far as possible an adequate representation of the different weight of the Member States' judicial systems.
source: PE-478.661
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| 6 |
2011/2024(INI) Implementation of the Professional Qualifications Directive 2005/36/EC
2011/09/22
IMCO
6 amendments...
Amendment 35 #
Motion for a resolution Paragraph 4 4. Calls for further clarification of the concept of temporary and occasional provision of services; urges the Commission to require that the declaration referred to in Article 7 contains a reference to compliance with mechanisms for the monitoring of activities involving a major risk to the public, users and the environment and placing a heavy responsibility on both designers and promoters; argues that competent authorities face difficulties applying the regime and, therefore, calls on the Commission to evaluate the current provisions set out in Article 7 of the directive, specifically those concerning public health and safety, and to present its conclusions to Parliament;
Amendment 78 #
Motion for a resolution Paragraph 9 – subparagraph 1 (new) Urges the Commission to establish minimum levels of continuous professional development as a mandatory moral and ethical requirement to be met by those seeking to engage in a profession in the European Union, notwithstanding the country of origin of the individuals concerned or the organisation, association or body to which they belong;
Amendment 79 #
Motion for a resolution Paragraph 9 – subparagraph 2 (new) Urges the Commission to standardise the necessary or requisite level of professional skills or qualifications of those seeking to engage in a profession in Europe now or in the future, notwithstanding the country of origin of the individuals concerned or the organisation, association or body to which they belong;
Amendment 80 #
Motion for a resolution Paragraph 9 – subparagraph 3 (new) Urges the Commission to open the debate regarding the creation of one-stop shops or National Contact Points providing information on the range of ongoing training in Europe by country, profession, establishment, cost, faculty, etc;
Amendment 81 #
Motion for a resolution Paragraph 9 – subparagraph 4 (new) Stresses the importance of ongoing training being specifically tailored to the needs of the employment market in each of the Member States so as to ensure better use of training resources for those in employment;
Amendment 99 #
Motion for a resolution Paragraph 13 13. Points out that the principle of partial access
source: PE-472.324
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| 10 |
2011/2037(INI) Audit policy: lessons from the crisis
2011/03/28
JURI
10 amendments...
Amendment 11 #
Motion for a resolution Paragraph 3 3. Reminds the Commission that a wide- ranging, in-depth impact assessment is needed, looking at the various political options and focusing on practical issues in line with the principles of ‘better lawmaking’ and including an analysis of interest groups in order to clarify the segmentation of the impact assessment study for the various groups such as SMEs, systemically important financial institutions (SIFIs) and other listed and non-listed companies; takes the view that an assessment should be made of the impact on the users of audit reports, such as investors and SIFI regulators; calls on the Commission to analyse the added value generated by both the proposed regulation and the progressive harmonisation of auditing standards and practices in the European single market;
Amendment 47 #
Motion for a resolution Paragraph 12 Amendment 54 #
Motion for a resolution Paragraph 12 a (new) 12a. Takes the view that the independence of statutory auditors vis-à-vis the management of the companies they are auditing is essential and must be preserved at all times; takes the view that the role of the audit committee is fundamental in guaranteeing this independence and that it should be strengthened; considers that the requirements placed on the audit committee should include responsibility for proposing the appointment of the statutory auditor for approval by shareholders at the annual general meeting, as well as the notification to shareholders of the measures adopted to review the qualification of the audit firm, the reasons which led to its being recommended and the action taken to guarantee its independence, including any restrictions imposed on the provision of services other than auditing and guarantees as regards the rotation of the main audit partners;
Amendment 58 #
Motion for a resolution Paragraph 13 Amendment 61 #
Motion for a resolution Paragraph 13 a (new) 13a. Appeals to the Commission to ensure that company practices help to preserve the protections provided, including protection linked to the mandatory rotation of the main audit partners, even where those partners change firms, transparency vis-à-vis shareholders throughout the process and in relation to the reasons for which the proposed auditors were recommended, as well as the clear attribution of responsibility to the audit committee as regards the process and as regards the final decision vis-à-vis shareholders;
Amendment 62 #
Motion for a resolution Paragraph 14 Amendment 70 #
Motion for a resolution Paragraph 14 a (new) 14a. Considers it essential to preserve the independence of the auditor; takes the view that external auditors should be banned from providing services to the audited company that could give rise to non-compliance with the applicable requirements as regards independence or with other ethical requirements; recognises that, in order to boost growth in the European economy, it is necessary to ensure that all undertakings, regardless of their size and including SMEs, can contract independent auditors and audit firms that have a wide range of skills;
Amendment 105 #
Motion for a resolution Paragraph 22 Amendment 112 #
Motion for a resolution Paragraph 22 a (new) 22a. Calls on the Commission to review the functions of the audit committee so that the shareholders' final decision on the appointment of auditors is based on a proposal from the audit committee; takes the view that this proposal should include a description of the procedure followed, the criteria used and the reasons underlying the audit committee's recommendation;
Amendment 113 #
Motion for a resolution Paragraph 22 b (new) 22b. Considers it important for the Commission and regulatory bodies in each Member State to recognise the quality and experience of all audit firms and recommend to public interest entities that they actively consider different audit firms other than the Big Four which have a suitable level of knowledge and experience, and that they include them in their public tendering processes;
source: PE-462.588
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| 13 |
2011/2176(INI) Jurisdictional system for patent disputes
2011/10/27
JURI
13 amendments...
Amendment 4 #
Motion for a resolution Paragraph 6 6. Acknowledges that the establishment of a coherent patent litigation system in the Member States taking part in the enhanced cooperation should be accomplished by an international agreement (‘the Agreement’) between these Member States (‘Contracting Member States’) creating a Unified Patent Court (‘the Court’); nevertheless expresses doubt, in the light of various texts, such as Opinion 1/09 of the European Court of Justice, as to whether that international agreement is compatible with the TFEU;
Amendment 7 #
Motion for a resolution Paragraph 7 – point ii (ii) the Agreement should come into force when a
Amendment 8 #
Motion for a resolution Paragraph 7 – point iii (iii) the Court should be a Court common to the Contracting Member States and subject to the same obligations as any national court with regard to compliance with Union law; thus, for example,
Amendment 10 #
Motion for a resolution Paragraph 7 – point iv (iv) the Court should act in line with the body of Union law and respect its primacy
Amendment 13 #
Motion for a resolution Paragraph 10 – point i (i) acknowledges that the composition of the Court of Appeal and the Court of First Instance should be multinational
Amendment 15 #
Motion for a resolution Paragraph 10 – point ii (ii) believes that the Court should be composed of both legally qualified and technically qualified judges; the judges should ensure the highest standards of competence and proven capacity in the field of patent litigation and antitrust law; this qualification should be proven inter alia by relevant work experience and professional training; legally qualified judges should
Amendment 16 #
Motion for a resolution Paragraph 11 – point ii (ii) the proceedings before the Court, consisting of a written, interim and oral procedure, sh
Amendment 17 #
Motion for a resolution Paragraph 11 – point iii (iii) the language of proceedings before any local or regional division should be the official language of the Contracting Member State hosting the division or the official language designated by the Contracting Member States sharing a regional division; the parties should be free to chose the language in which the patent was granted as the language of proceedings subject to the approval of the competent division; the language of proceedings before the central division should be the language in which the patent concerned was granted; the language of proceedings before the Court of Appeal should be the language of proceedings before the Court of First Instance; at the duly justified request of one of the parties in the main proceedings, and after hearing the other parties, the court may decide that the language of proceedings shall be English; within a reasonable period of time, the language of the proceedings should always be English; . es
Amendment 21 #
Motion for a resolution Paragraph 12 – point i (i) the Court should have exclusive jurisdiction in respect of European patents with unitary effect and European patents designating one or more Contracting Member States; this will necessitate the amendment of Regulation (EC) No 44/20011;
Amendment 22 #
Motion for a resolution Paragraph 12 – point ii (ii) the plaintiff should bring the action
Amendment 23 #
Motion for a resolution Paragraph 12 – point iii (iii) in case of a counterclaim for revocation, the local or regional division should have the discretion to proceed with the infringement proceeding
Amendment 24 #
Motion for a resolution Paragraph 12 – point vi (vi) the relationship between the Agreement and Regulation (EC) No 44/20011 should be clarified in the Agreement
Amendment 25 #
Motion for a resolution Paragraph 13 13. Is of the opinion that the Court should base its decisions on Union law in all the applicable fields, the Agreement, the European Patent Convention (EPC) and national law having been adopted in accordance with the EPC, provisions of international agreements applicable to patents and binding on all the Contracting Member States and national law of the Contracting Member States in the light of Union law to be implemented
source: PE-475.785
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| 180 |
2012/0011(COD) Personal data protection: processing and free movement of data (General Data Protection Regulation)
2012/11/29
JURI
180 amendments...
Amendment 100 #
Proposal for a regulation Article 2 – paragraph 2 – point b Amendment 101 #
Proposal for a regulation Article 2 – paragraph 2 – point e a (new) (ea) by competent authorities for the purposes of producing and disseminating official statistics entrusted to them;
Amendment 103 #
Proposal for a regulation Article 2 – paragraph 2 – point e b (new) (eb) by competent authorities for the purposes of drawing up electoral rolls.
Amendment 122 #
Proposal for a regulation Article 4 – point 13 (13) ‘main establishment’ means as regards the controller
Amendment 123 #
Proposal for a regulation Article 4 – point 19 a (new) (19a) ‘official statistics’ means representative aggregate quantitative and qualitative information characterising a collective phenomenon within a given population;
Amendment 125 #
Proposal for a regulation Article 4 – point 19 b (new) (19b) ‘electoral rolls’ means personal data, and data relating to the place of residence, of persons entitled to vote;
Amendment 126 #
Proposal for a regulation Article 4 – point 19 c (new) (19c) ‘information society services’ means services provided at the recipient’s individual request, at a distance, and by electronic means, that is to say, the service is sent initially and received at its destination by means of electronic equipment for the processing, including digital compression, and storage of data and is transmitted, conveyed, and received entirely by wire, by radio, by optical means, or by any other electromagnetic means.
Amendment 128 #
Proposal for a regulation Article 5 – point c (c) adequate, relevant, and
Amendment 129 #
Proposal for a regulation Article 5 – point d (d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
Amendment 132 #
Proposal for a regulation Article 5 – point e (e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed
Amendment 133 #
Proposal for a regulation Article 5 – point f Amendment 137 #
Proposal for a regulation Article 6 – paragraph 1 – point f (f) processing is necessary for the purposes of the legitimate interests pursued by a controller or by a third party to whom the data are to be communicated, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. This shall not apply to processing carried out by public authorities in the performance of their tasks.
Amendment 142 #
Proposal for a regulation Article 6 – paragraph 3 – subparagraph 2 Amendment 145 #
Proposal for a regulation Article 6 – paragraph 5 Amendment 151 #
Proposal for a regulation Article 7 – paragraph 4 Amendment 161 #
Proposal for a regulation Article 9 – paragraph 2 – point f (f) processing is necessary for the establishment, exercise or defence of
Amendment 163 #
Proposal for a regulation Article 9 – paragraph 2 – point i (i) processing is necessary for historical, statistical or scientific research purposes or for preliminary official or administrative investigation to determine biological parentage, subject to the conditions and safeguards referred to in Article 83; or
Amendment 164 #
Proposal for a regulation Article 9 – paragraph 2 – point j (j) processing of data relating to criminal convictions or related security measures is carried out either under the control of official authority or when the processing is necessary for compliance with a legal or regulatory obligation to which a controller is subject, or for the performance of a task carried out for important public interest reasons, and in so far as authorised by Union law or Member State law providing for adequate safeguards. A
Amendment 165 #
Proposal for a regulation Article 9 – paragraph 3 Amendment 167 #
Proposal for a regulation Article 11 – paragraph 1 1. The controller shall
Amendment 168 #
Proposal for a regulation Article 11 – paragraph 2 2. The controller shall provide any information and any communication relating to the processing of personal data to the data subject in an intelligible form, using clear and plain language
Amendment 169 #
Proposal for a regulation Article 12 – paragraph 1 1. The controller shall
Amendment 172 #
Proposal for a regulation Article 14 – paragraph 1 – point a (a)
Amendment 174 #
Proposal for a regulation Article 14 – paragraph 1 – point b (b) the purposes of the processing for which the personal data are intended
Amendment 176 #
Proposal for a regulation Article 14 – paragraph 1 – point c (c) where possible, the period for which the personal data will be stored;
Amendment 179 #
Proposal for a regulation Article 14 – paragraph 1 – point e (e) the right to lodge a complaint to the supervisory
Amendment 182 #
Proposal for a regulation Article 14 – paragraph 4 – point a (a) in general at the time when the personal data are obtained from the data subject or as soon as possible where the above is not feasible, demands undue effort, or reduces the safeguards enjoyed by the data subject; or
Amendment 186 #
Proposal for a regulation Article 14 – paragraph 7 Amendment 187 #
Proposal for a regulation Article 15 – paragraph 1 – introductory wording 1. The data subject shall have the right to obtain from the controller at any time, on request, confirmation as to whether or not personal data relating to the data subject are being processed. If the controller is processing a large number of files relating to the data subject, it may ask the data subject to specify in the necessary detail, before the information is supplied, which file or files, or what particular fields of activity, are covered by the data subject’s request. Where such personal data are being processed, the controller shall provide the following information:
Amendment 189 #
Proposal for a regulation Article 15 – paragraph 1 – point h (h) the
Amendment 192 #
Proposal for a regulation Article 15 – paragraph 2 Amendment 204 #
Proposal for a regulation Article 17 – paragraph 2 2. Where the controller referred to in paragraph 1 has
Amendment 207 #
Proposal for a regulation Article 17 – paragraph 3 – point d (d) for compliance with a legal obligation to retain the personal data by Union or Member State law to which the controller is subject under Union law; Member State laws shall 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 208 #
Proposal for a regulation Article 17 – paragraph 3 – point e (e) in the cases referred to in paragraph 4. In the cases referred to in points (a) to (d), the data subject may exercise the right to object to the establishment of links or creation of copies or replications of their personal data. The viability of this right shall be resolved in the light of all the circumstances involved in the case, whilst making efforts not to frustrate the specific basis for the retention of data.
Amendment 209 #
Proposal for a regulation Article 17 – paragraph 9 Amendment 210 #
Proposal for a regulation Article 18 – paragraph 1 1. The data subject shall have the right, where personal data are processed by electronic means and in a structured
Amendment 212 #
Proposal for a regulation Article 18 – paragraph 2 – subparagraph 1 a The controller from whom the personal data are withdrawn shall delete those data, unless their continued processing is covered by another legal provision in force. Union and Member State laws may regulate cases where there is a legal obligation to store data, based on objectives of public interest proportionate to the aim pursued, and respecting the essence of the right to the protection of personal data.
Amendment 216 #
Proposal for a regulation Article 19 – paragraph 3 3. Where an objection is upheld pursuant to paragraph
Amendment 236 #
Proposal for a regulation Article 20 – paragraph 5 Amendment 239 #
Proposal for a regulation Article 22 – paragraph 1 1. The controller
Amendment 240 #
Proposal for a regulation Article 22 – paragraph 2 – introductory wording 2. The measures provided for in paragraph 1 shall in
Amendment 242 #
Proposal for a regulation Article 22 – paragraph 2 – point e (e) designating a data protection officer pursuant to Article 35(1), or the obligation and maintenance of certification in accordance with the certification policies defined by the Commission.
Amendment 243 #
Proposal for a regulation Article 22 – paragraph 4 Amendment 244 #
Proposal for a regulation Article 23 – paragraph 1 1. Having regard to the state of the art and the cost of implementation, the controller shall, both at the time of the determination of the means for processing and at the time of the processing itself, implement
Amendment 247 #
Proposal for a regulation Article 23 – paragraph 2 2. The controller shall implement mechanisms for ensuring that, by default, only those personal data are processed which are n
Amendment 249 #
Proposal for a regulation Article 23 – paragraph 3 Amendment 251 #
Proposal for a regulation Article 23 – paragraph 4 Amendment 253 #
Proposal for a regulation Article 24 Where a controller determines the purposes, conditions and means of the processing of personal data jointly with others, the joint controllers shall determine their respective responsibilities for compliance with the obligations under this Regulation, in particular as regards the procedures and mechanisms for exercising the rights of the data subject, by means of an arrangement between them. To ensure that data subjects may exercise their right to object to this arrangement, it must be documented and data subjects must have been notified in advance; otherwise, the above rights may be exercised in full in relation to any of the controllers, who shall be responsible for ensuring that the conditions laid down by law are fully complied with.
Amendment 257 #
Proposal for a regulation Article 25 – paragraph 2 – point b (b) an enterprise employing fewer than 250 persons, unless the processing carried out by that enterprise is considered high risk by the supervisory authorities, taking account of its characteristics, the type of data or the number of people affected; or
Amendment 260 #
Proposal for a regulation Article 26 – paragraph 2 – introductory wording 2. The carrying out of processing by a processor shall be governed by a contract or other legal act binding the processor to the controller, which shall be documented in a form of which a record can be kept, and stipulating in particular that the processor shall:
Amendment 262 #
Proposal for a regulation Article 26 – paragraph 3 Amendment 264 #
Proposal for a regulation Article 26 – paragraph 4 4. If a processor processes personal data other than as instructed by the controller, the processor shall be considered to be a controller in respect of that processing and shall be subject to the rules on joint controllers laid down in Article 24, without prejudice to the responsibility which the controller may have occurred in relation to compliance with their obligations.
Amendment 265 #
Proposal for a regulation Article 26 – paragraph 5 Amendment 266 #
Proposal for a regulation Article 28 – paragraph 1 1. Each controller and processor and, if any, the controller's representative, shall
Amendment 269 #
Proposal for a regulation Article 28 – paragraph 2 – introductory wording 2.
Amendment 271 #
Proposal for a regulation Article 28 – paragraph 2 – point b Amendment 274 #
Proposal for a regulation Article 28 – paragraph 2 – point g (g) a general indication of the time limits for erasure of the different categories of data, wherever possible;
Amendment 276 #
Proposal for a regulation Article 28 – paragraph 4 – introductory wording 4. The obligations referred to in paragraph
Amendment 277 #
Proposal for a regulation Article 28 – paragraph 5 5. The Commission shall
Amendment 278 #
Proposal for a regulation Article 28 – paragraph 6 6. The Commission
Amendment 279 #
Proposal for a regulation Article 29 – paragraph 1 1. The controller and, where appropriate, the processor and, if any, the representative of the controller, shall co-operate, on request, with the supervisory authority in the performance of its duties, in particular by providing the information referred to in point (a) of Article 53(2) and by granting access as provided in point (b) of that paragraph.
Amendment 280 #
Proposal for a regulation Article 29 – paragraph 2 Amendment 281 #
Proposal for a regulation Article 30 – paragraph 3 Amendment 282 #
Proposal for a regulation Article 30 – paragraph 4 – subparagraph 1 Amendment 283 #
Proposal for a regulation Article 31 – paragraph 1 1. In the case of a personal data breach
Amendment 288 #
Proposal for a regulation Article 31 – paragraph 2 2. Pursuant to point (f) of Article 26(2), the processor shall alert and inform the controller immediately after the establishment of a personal data breach referred to in paragraph 1.
Amendment 290 #
Proposal for a regulation Article 31 – paragraph 3 – introductory wording 3. The notification
Amendment 291 #
Proposal for a regulation Article 31 – paragraph 4 4. The controller shall document any personal data breaches referred to in paragraph 1 of this article, comprising the facts surrounding the breach, its effects and the remedial action taken.
Amendment 293 #
Proposal for a regulation Article 31 – paragraph 5 Amendment 294 #
Proposal for a regulation Article 31 – paragraph 6 6. The Commission may lay down the standard format of
Amendment 295 #
Proposal for a regulation Article 32 – paragraph 4 – subparagraph 1 a Those concerned shall not be notified in cases where this could clearly obstruct current investigations or hinder or delay measures to resolve the security breach. More detailed provision for such eventualities may be made under EU law and Member State legislation, the objective being at all times to uphold the public interest and comply with the spirit of data protection law.
Amendment 296 #
Proposal for a regulation Article 32 – paragraph 5 Amendment 297 #
Proposal for a regulation Article 33 – paragraph 1 1. Where processing operations present specific risks to the rights and freedoms of data subjects by virtue of their nature, their scope or their purposes, the controller or the processor acting on the controller
Amendment 300 #
Proposal for a regulation Article 33 – paragraph 6 Amendment 301 #
Proposal for a regulation Article 34 – paragraph 1 1. The controller or the processor as the case may be shall, if they have not recruited a data protection officer for their organisation or obtained or adequate and valid certification for the processing of high-risk data, obtain an authorisation from the supervisory authority prior to the processing of personal data, in order to ensure the compliance of the intended processing with this Regulation and in particular to mitigate the risks involved for the data subjects where a controller or processor adopts contractual clauses as provided for in point (d) of Article 42(2) or does not provide for the appropriate safeguards in a legally binding instrument as referred to in Article 42(5) for the transfer of personal data to a third country or an international organisation.
Amendment 302 #
Proposal for a regulation Article 34 – paragraph 2 – introductory wording 2. The controller or processor acting on the controller's behalf shall, if they have not recruited a data protection officer for their organisation or obtained or adequate and valid certification for the processing of high-risk data, consult the supervisory authority prior to the processing of personal data in order to ensure the compliance of the intended processing with this Regulation and in particular to mitigate the risks involved for the data subjects where:
Amendment 303 #
Proposal for a regulation Article 34 – paragraph 7 Amendment 304 #
Proposal for a regulation Article 35 – paragraph 1 – introductory wording 1. The controller and the processor
Amendment 307 #
Proposal for a regulation Article 35 – paragraph 1 – point a Amendment 309 #
Proposal for a regulation Article 35 – paragraph 1 – point b Amendment 312 #
Proposal for a regulation Article 35 – paragraph 1 – point c Amendment 314 #
Proposal for a regulation Article 35 – paragraph 2 2.
Amendment 316 #
Proposal for a regulation Article 35 – paragraph 4 4.
Amendment 317 #
Proposal for a regulation Article 35 – paragraph 5 5. The controller or processor shall designate the data protection officer on the basis of professional qualities and, in particular, expert knowledge of data protection law and practices and ability to fulfil the tasks referred to in Article 37, in accordance with strict professional standards. The necessary level of expert knowledge shall be determined in particular according to the data processing carried out and the protection required for the personal data processed by the controller or the processor.
Amendment 318 #
Proposal for a regulation Article 35 – paragraph 7 7.
Amendment 319 #
Proposal for a regulation Article 35 – paragraph 11 Amendment 320 #
Proposal for a regulation Article 36 – paragraph 2 2. The controller or processor shall ensure that the data protection officer performs the duties and tasks in
Amendment 321 #
Proposal for a regulation Article 36 – paragraph 3 3. The controller or the processor shall support the data protection officer in performing the tasks and, when necessary, shall provide staff, premises, equipment and any other resources necessary to carry out the duties and tasks referred to in Article 37.
Amendment 322 #
Proposal for a regulation Article 37 – paragraph 1 – point a (a) to inform and advise the controller or the processor of their obligations pursuant to this Regulation
Amendment 323 #
Proposal for a regulation Article 37 – paragraph 1 – point d Amendment 324 #
Proposal for a regulation Article 37 – paragraph 1 – point f Amendment 325 #
Proposal for a regulation Article 37 – paragraph 2 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for t
Amendment 326 #
Proposal for a regulation Article 38 – paragraph 1 – introductory wording 1. The Member States, the supervisory authorities and the Commission shall encourage participation in the drawing up of codes of conduct intended to contribute to the proper application of this Regulation, taking account of the specific features of the various data processing sectors, in particular in relation to:
Amendment 328 #
Proposal for a regulation Article 38 – paragraph 4 Amendment 329 #
Proposal for a regulation Article 38 – paragraph 5 Amendment 330 #
Proposal for a regulation Article 39 – paragraph 1 1. The Member States and the Commission shall encourage, in particular at European level, the establishment of data protection certification
Amendment 331 #
Proposal for a regulation Article 41 – paragraph 1 1. A transfer may take place where the Commission has decided that the third country, or a territory or a processing sector within that third country, or the international organisation in question ensures an adequate level of protection. Such transfer shall not require any
Amendment 332 #
Proposal for a regulation Article 41 – paragraph 2 – point a a) the level of penetration and consolidation of the rule of law, relevant legislation in force, both general and sectoral, including concerning public security, defence, national security and criminal law, the professional rules and security measures which are complied with in the field of the protection of personal data in that country or by that international organisation, as well as access to justice and the effectiveness and enforceab
Amendment 333 #
Proposal for a regulation Article 41 – paragraph 6 6. Where the Commission decides pursuant to paragraph 5, any transfer of personal data to the third country, or a territory or a processing sector within that third country, or the international organisation in question shall be
Amendment 336 #
Proposal for a regulation Article 42 – paragraph 2 – point d d) contractual clauses between the controller or processor and the recipient of the data
Amendment 337 #
Proposal for a regulation Article 42 – paragraph 4 4. Where a transfer is based on contractual clauses as referred to in point (d) of paragraph 2 of this Article and no data protection officer has been designated and no sufficient or applicable official certification is available, the controller or processor shall obtain prior authorisation of the contractual clauses according to point (a) of Article 34(1) from the supervisory authority. If the transfer is related to processing activities which concern data subjects in another Member State or other Member States, or substantially affect the free movement of personal data within the Union, the supervisory authority shall apply the consistency mechanism referred to in Article 57.
Amendment 338 #
Proposal for a regulation Article 42 – paragraph 5 5. Where the appropriate safeguards with respect to the protection of personal data are not provided for in a legally binding instrument and no data protection officer has been designated and no sufficient or applicable official certification is available, the controller or processor shall obtain prior authorisation for the transfer, or a set of transfers, or for provisions to be inserted into administrative arrangements providing the basis for such transfer. Such authorisation by the supervisory authority shall be in accordance with point (a) of Article 34(1). If the transfer is related to processing activities which concern data subjects in another Member State or other Member States, or substantially affect the free movement of personal data within the Union, the supervisory authority shall apply the consistency mechanism referred to in Article 57. Authorisations by a supervisory authority on the basis of Article 26(2) of Directive 95/46/EC shall remain valid, until amended, replaced or repealed by that supervisory authority.
Amendment 340 #
Proposal for a regulation Article 43 – paragraph 4 4. The Commission may specify the format and procedures for the exchange of information
Amendment 342 #
Proposal for a regulation Article 44 – paragraph 1 – point e e) the transfer is necessary for the establishment, exercise or defence of legal or administrative claims; or
Amendment 343 #
Proposal for a regulation Article 44 – paragraph 6 6. The controller or processor shall document the assessment as well as the appropriate safeguards adduced referred to in point (h) of paragraph 1 of this Article in the documentation referred to in Article 28, and where appropriate in accordance with that rule, and shall inform the supervisory authority of the transfer.
Amendment 344 #
Proposal for a regulation Article 44 – paragraph 7 Amendment 346 #
Proposal for a regulation Article 45 – paragraph 2 – subparagraph 1 a (new) For the purposes of paragraph 1(a) and (b), the supervisory authorities shall be able to exchange information and cooperate in activities related to the exercise of their powers and defence of the rights regulated in this Regulation.
Amendment 347 #
Proposal for a regulation Article 45 – paragraph 2 a (new) 2a. Cooperation may take place provided that: (a) the competent authorities of third countries have competence for the protection of personal data in the context of matters of which they possess knowledge in accordance with existing legislation, (b) there are working arrangements on the basis of reciprocity agreed between the competent authorities concerned, (c) the transfer of personal data to the third country is in accordance with Chapter V of this Directive.
Amendment 348 #
Proposal for a regulation Article 45 – paragraph 2 b (new) 2b. The working arrangements referred to in paragraph 2a, point (b), shall ensure that: (a) justification as to the purpose of the request for cooperation is provided by the competent authorities; (b) the persons employed or formerly employed by the competent authorities of the third country that receive the information are subject to obligations of professional secrecy; (c) the competent authorities of the third country may use the results of cooperation only for the exercise of functions relating to the protection of personal data; (d) in the event of the competent authority of the third country intending to transfer the information received by means of cooperation to a third party, prior, specific and written consent must be obtained from the authority which provided the information, unless such transfer is required by national law or ordered by a court of law and constitutes a necessary measure to safeguard relevant public interests relating to: the prevention, investigation or prosecution of criminal offences, the monitoring, inspection or regulation connected, even occasionally, with the exercise of official authority within the scope of the agreement. In such cases, prior notice shall be given to the authority that provided the information; (e) the appropriate technical and organisational security measures are adopted to protect personal data against accidental or unlawful destruction, accidental loss, alteration, unauthorised disclosure or access, and against all other unlawful forms of processing personal data; (f) the request for cooperation from the competent authority of the third country should be refused: where it would adversely affect the sovereignty, security or public order of the Community or of the requested Member State, or where judicial proceedings have already been initiated in respect of the same actions and against the same persons before the authorities of the requested Member State.
Amendment 349 #
Proposal for a regulation Article 45 – paragraph 2 c (new) 2c. Member States shall communicate to the Commission the working arrangements referred to in paragraphs 2a and 2b.
Amendment 350 #
Proposal for a regulation Article 47 – paragraph 1 1. The supervisory authorit
Amendment 351 #
Proposal for a regulation Article 47 – paragraph 2 2. The members of the supervisory authorit
Amendment 352 #
Proposal for a regulation Article 47 – paragraph 5 5. Each Member State shall, in line with its internal distribution of competencies, ensure that the supervisory authorit
Amendment 353 #
Proposal for a regulation Article 47 – paragraph 6 6. Each Member State shall, in line with its internal distribution of competencies, ensure that the supervisory authorit
Amendment 354 #
Proposal for a regulation Article 47 – paragraph 7 7. Member States shall, in line with their internal distribution of competencies, ensure that the supervisory authorit
Amendment 355 #
Proposal for a regulation Article 48 – paragraph 1 1. Member States shall provide that the members of the supervisory authority or authorities must be appointed either by the parliament or the government bodies of the Member State concerned.
Amendment 356 #
Proposal for a regulation Article 48 – paragraph 3 3. The duties of a member shall end in the event of the expiry of the term of office
Amendment 357 #
Proposal for a regulation Article 48 – paragraph 4 4. A member may be dismissed or
Amendment 358 #
Proposal for a regulation Article 49 – point a a) the establishment and status of the supervisory authorit
Amendment 359 #
Proposal for a regulation Article 49 – point b b) the qualifications, experience and skills required to perform the duties of the members of the supervisory authorit
Amendment 360 #
Proposal for a regulation Article 49 – point c (c) the rules and procedures for the appointment of the members of the supervisory authorit
Amendment 361 #
Proposal for a regulation Article 49 – point d (d) the duration of the term of the members of the supervisory authorit
Amendment 362 #
Proposal for a regulation Article 49 – point e (e) whether the members of the supervisory authorit
Amendment 363 #
Proposal for a regulation Article 49 – point f (f) the regulations and common conditions governing the duties of the members and staff of the supervisory authorit
Amendment 364 #
Proposal for a regulation Article 49 – point g (g) the rules and procedures on the termination of the duties of the members of the supervisory authorit
Amendment 365 #
Proposal for a regulation Article 50 The members and the staff of the supervisory authorit
Amendment 367 #
Proposal for a regulation Article 51 – paragraph 2 2. Where the processing of personal data takes place in the context of the activities of an establishment of a controller or a processor in the Union, and the controller or processor is established in more than one Member State, the supervisory authority of the main establishment of the controller or processor shall be competent for the supervision of the processing activities of the controller or the processor in all Member States, except with regard to decisions in response to the complaints referred to in Article 73, in which case it shall coordinate the actions of the supervisory authorities concerned, without prejudice to the provisions of Chapter VII of this Regulation.
Amendment 368 #
Proposal for a regulation Article 52 – paragraph 1 – point d (d) conduct investigations either on its own initiative
Amendment 369 #
Proposal for a regulation Article 52 – paragraph 1 – point j a (new) (ja) coordinate certification policies in the territory for which it is responsible, in accordance with the provisions of Article 39.
Amendment 370 #
Proposal for a regulation Article 53 – paragraph 1 – point j b (new) (jb) carry out personal data protection audits or audit plans.
Amendment 371 #
Proposal for a regulation Article 54 Each supervisory authority must draw up an annual report on its activities. The report shall be presented to the
Amendment 372 #
Proposal for a regulation Article 55 – paragraph 2 2. Each supervisory authority shall take all appropriate measures required to reply to the request of another supervisory authority without delay and no later than
Amendment 373 #
Proposal for a regulation Article 55 – paragraph 8 8. Where a supervisory authority does not act within
Amendment 374 #
Proposal for a regulation Article 56 – paragraph 5 5. Where a supervisory authority does not comply within
Amendment 375 #
Proposal for a regulation Article 58 – paragraph 7 7. The European Data Protection Board shall issue an opinion on the matter, if the European Data Protection Board so decides by simple majority of its members or
Amendment 376 #
Proposal for a regulation Article 59 Amendment 377 #
Proposal for a regulation Article 60 Amendment 378 #
Proposal for a regulation Article 62 – paragraph 1 – subparagraph 1 – point a Amendment 379 #
Proposal for a regulation Article 62 – paragraph 1 – subparagraph 1 – point b Amendment 380 #
Proposal for a regulation Article 62 – paragraph 2 Amendment 381 #
Proposal for a regulation Article 66 – paragraph 1 – point g a (new) (ga) propose the concepts on which European certification policy should be based, monitor and assess implementation, and submit its conclusions to the Commission.
Amendment 382 #
Proposal for a regulation Article 69 – paragraph 1 1. The European Data Protection Board shall elect a chair and two deputy chairpersons from amongst its members.
Amendment 383 #
Proposal for a regulation Article 71 – paragraph 1 1. The European Data Protection Board shall have a secretariat. The
Amendment 384 #
Proposal for a regulation Article 73 – paragraph 1 1. Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with
Amendment 387 #
Proposal for a regulation Article 73 – paragraph 2 2. Any body, organisation or association which aims to protect data subjects’ rights and interests concerning the protection of their personal data and has been properly constituted according to the law of a Member State
Amendment 388 #
Proposal for a regulation Article 73 – paragraph 3 Amendment 389 #
Proposal for a regulation Article 74 – paragraph 1 1. Each natural or legal person shall have the right to
Amendment 391 #
Proposal for a regulation Article 74 – paragraph 2 2.
Amendment 392 #
Proposal for a regulation Article 74 – paragraph 4 Amendment 393 #
Proposal for a regulation Article 75 – paragraph 1 1. Without prejudice to any available administrative remedy, including the right to lodge a complaint with a supervisory authority as referred to in Article 73, every natural person shall have the right to a judicial remedy if they consider that their rights under this Regulation have been infringed
Amendment 395 #
Proposal for a regulation Article 75 – paragraph 3 3. Where proceedings are pending in the consistency mechanism referred to in Article 58, which concern the same measure, decision or practice, a court may, at the request of any of the parties and after hearing all the parties, suspend the proceedings brought before it, except where the urgency of the matter for the protection of the data subject's rights does not allow to wait for the outcome of the procedure in the consistency mechanism.
Amendment 397 #
Proposal for a regulation Article 76 – paragraph 1 1. Any body, organisation or association referred to in Article 73(2) shall have the right to exercise the rights referred to in Articles 74 and 75 on behalf of one or more data subjects, having been suitably empowered to do so.
Amendment 398 #
Proposal for a regulation Article 76 – paragraph 3 Amendment 399 #
Proposal for a regulation Article 76 – paragraph 4 Amendment 402 #
Proposal for a regulation Article 78 – paragraph 2 2. Where the controller has established a representative, any penalties shall be applied to the representative in this specific capacity and the representative shall be required to comply with them, without prejudice to any penalties which could be initiated against the controller.
Amendment 406 #
Proposal for a regulation Article 79 – paragraph 2 2. The administrative sanction shall be in each individual case effective, proportionate and dissuasive. The amount of the administrative fine shall be fixed with due regard to the nature, gravity and duration of the breach, the intentional
Amendment 410 #
Proposal for a regulation Article 79 – paragraph 3 – introductory wording 3. In case of
Amendment 412 #
Proposal for a regulation Article 79 – paragraph 3 – point b (b) an enterprise or an organisation employing fewer than 250 persons is
Amendment 413 #
Proposal for a regulation Article 79 – paragraph 3 – point b a (new) Amendment 415 #
Proposal for a regulation Article 79 – paragraph 5 – introductory wording 5. The supervisory authority shall impose a fine up to 500 000 EUR or, in case of an enterprise up to 1 % of its average annual worldwide
Amendment 417 #
Proposal for a regulation Article 79 – paragraph 5 – point a (a) does not provide the information, or does provide manifestly incomplete information,
Amendment 418 #
Proposal for a regulation Article 79 – paragraph 5 – point c (c) does not
Amendment 419 #
Proposal for a regulation Article 79 – paragraph 5 – point d (d) does not provide a copy of the personal data in electronic format or for no legitimate reason hinders the data subject to transmit the personal data to another application in violation of Article 18;
Amendment 420 #
Proposal for a regulation Article 79 – paragraph 5 – point f (f) does not
Amendment 422 #
Proposal for a regulation Article 79 – paragraph 6 – introductory wording 6. The supervisory authority shall impose a fine up to 1 000 000 EUR or, in case of an enterprise up to 2 % of its average annual worldwide
Amendment 425 #
Proposal for a regulation Article 79 – paragraph 6 – point c (c) does not comply with an objection or the requirement pursuant to Article 19 unless duly justified by real and legitimate grounds or reasons in accordance with this Regulation;
Amendment 426 #
Proposal for a regulation Article 79 – paragraph 6 – point d Amendment 427 #
Proposal for a regulation Article 79 – paragraph 6 – point e Amendment 428 #
Proposal for a regulation Article 79 – paragraph 6 – point h (h) does not alert on or notify a personal data breach or does not timely or completely notify the data breach to the supervisory authority or to the data subject where mandatory pursuant to Articles 31 and 32;
Amendment 429 #
Proposal for a regulation Article 79 – paragraph 6 – point i (i) does not carry out a data protection impact assessment pursuant or processes personal data without prior authorisation or prior consultation of the supervisory authority where mandatory pursuant to Articles 33 and 34;
Amendment 430 #
Proposal for a regulation Article 79 – paragraph 6 – point j (j) does not
Amendment 431 #
Proposal for a regulation Article 79 – paragraph 6 – point k (k) misuses a data protection seal
Amendment 432 #
Proposal for a regulation Article 79 – paragraph 7 a (new) 7a. The Commission shall compile an electronic record of previous instances accessible to all national supervisory authorities. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of managing the electronic record of previous instances in accordance with this article.
Amendment 440 #
Proposal for a regulation Article 81 – paragraph 3 Amendment 442 #
Proposal for a regulation Article 82 – paragraph 3 Amendment 443 #
Proposal for a regulation Article 83 – paragraph 1 – introductory wording 1. Within the limits of this Regulation, personal data may be processed for historical, statistical or scientific research purposes, as well as for preliminary official or administrative investigations to determine natural filiation only if:
Amendment 446 #
Proposal for a regulation Article 83 – paragraph 1 – point b (b) data enabling the attribution of information to an identified or identifiable data subject is kept separately from the other information as long as these purposes can be fulfilled in this manner. Personal date processed as part of a preliminary official or administrative investigation for the determination of natural filiation shall only be disclosed to those concerned as and when appropriate and without prejudice to any statutory criminal proceedings.
Amendment 449 #
Proposal for a regulation Article 83 – paragraph 3 Amendment 450 #
Proposal for a regulation Article 85 – paragraph 1 1. Where in a Member State, churches and religious associations or communities apply, at the time of entry into force of this Regulation, comprehensive rules relating to the protection of individuals with regard to the processing of personal data, such rules may continue to apply and may if necessary be amended, provided that they are brought in line with the provisions of this Regulation.
Amendment 451 #
Proposal for a regulation Article 85 – paragraph 2 2. Churches and religious associations which apply comprehensive rules in accordance with paragraph 1 shall provide for the establishment of an independent supervisory authority in accordance with Chapter VI of this Regulation or alternatively obtain the certification necessary for the procedures required under Article 39.
source: PE-500.695
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