Marielle GALLO
Constituencies
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France
Union des Démocrates et Indépendants
2009/07/14 - 9999/12/31
-
France
La Gauche moderne
2009/07/14 - 9999/12/31
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...
-
PPE
Member
Group of the European People's Party (Christian Democrats)
2009/07/14 - 2009/09/15
Committees
| Role | Committee | Start | End |
|---|---|---|---|
| Member of | Committee on Legal Affairs | 2012/01/19 | 9999/12/31 |
| Member of | Special committee on organised crime, corruption and money laundering | 2012/03/28 | 9999/12/31 |
| Substitute of | Committee on the Internal Market and Consumer Protection | 2012/01/19 | 9999/12/31 |
| Substitute of | Committee on Employment and Social Affairs | 2012/01/19 | 9999/12/31 |
Show earlier commitees...
Delegations
| Role | Delegation | Start | End |
|---|---|---|---|
| Member of | Delegation for relations with the United States | 2009/09/16 | 9999/12/31 |
| Substitute of | Delegation for relations with India | 2009/09/16 | 9999/12/31 |
Contact
Online
- Homepage
- http://www.mariellegallo.eu/
- [javascript protected email address]
Brussels
- Phone
- +322 28 45181
- Fax
- +322 28 49181
- Office
- Bât. Altiero Spinelli 14E146
- Full Address
-
- City
- Bruxelles/Brussel
- Zip
- B-1047
- Street
- 60, rue Wiertz / Wiertzstraat 60
Strasbourg
- Phone
- +333 88 1 75181
- Fax
- +333 88 1 79181
- Office
- Bât. Louise Weiss T08016
- Full Address
-
- City
- Strasbourg
- Zip
- CS 91024 - F-67070
- Street
- 1, avenue du Président Robert Schuman
Postal
- Parlement européen
- Rue Wiertz
- Altiero Spinelli 14E146
- B-1047 Bruxelles
Rapporteur
| Shadow | 2013/0089(COD) | Trade marks: approximation of the laws of the Member States. Recast |
| Shadow | 2013/0088(COD) | European trade mark |
| Responsible | 2012/2038(INI) | Report on implementation of the Resale Right Directive 2001/84/EC |
| Responsible | 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 |
| Opinion | 2012/0146(COD) | Electronic transactions in the internal market: electronic identification and trust services |
| Opinion | 2012/0011(COD) | Personal data protection: processing and free movement of data (General Data Protection Regulation) |
| Opinion | 2011/0430(COD) | Reuse of public sector information |
| Opinion | 2011/0299(COD) | Trans-European telecommunications networks: guidelines |
| Opinion | 2011/0137(COD) | Intellectual property rights: customs enforcement |
| Responsible | 2009/2178(INI) | Enforcement of intellectual property rights in the internal market |
| Shadow | 2009/2170(INI) | Amendment of Regulation (EC) No 864/2007 on the law applicable to non-contractual obligations (Rome II) |
| Opinion | 2009/2158(INI) | Europeana - next steps |
Born
1949/05/19 Lons-le-Saunier- Postgraduate diploma (DEA) in general private law, Paris I (1977). Diploma to practise as a lawyer, Paris (1978).
- Lawyer practising in Paris (since 4 October 1978).
- Member of the Gauche Moderne (Modern Left) national bureau (2008).
- Author of eight novels published under the name Marielle Gallet.
Amendments
| Amendments | Dossier |
| 3 |
2008/0196(COD) Consumer rights (amend. Directives 93/13/EEC and 1999/44/EC; repeal. Directives 85/577/EEC and 97/7/EC)
2010/10/13
JURI
3 amendments...
Amendment 219 #
Proposal for a directive Article 11 – paragraph 3 a (new) 3a. If a distance contract concluded on the internet places the consumer under an obligation to make a payment, the consumer shall only be bound by the contract if the business (a) indicates clearly and prominently the total price including all price components and (b) designs its internet presentation in a manner that a binding order is only possible after the consumer has confirmed recognition of the indication required in item (a).
Amendment 344 #
Proposal for a directive Article 28 – paragraph 1 1. The
Amendment 368 #
Proposal for a directive Article 30 – paragraph 3 3. This Chapter shall not apply to contract terms reflecting
source: PE-450.756
|
| 2 |
2009/0035(COD) Company law: annual accounts of micro-entities
2009/10/13
JURI
2 amendments...
Amendment 4 #
Draft legislative resolution Paragraph 1 The European Parliament rejects the Commission proposal.
Amendment 5 #
Draft legislative resolution Paragraph 1 a (new) 1a. Calls on the Commission to conduct a more comprehensive impact study on accounting simplification measures for micro-entities with a view to submitting a new proposal in a harmonised framework;
source: PE-429.641
|
| 18 |
2009/0157(COD) Judicial cooperation in civil and commercial matters: international succession and creation of a European Certificate of Succession
2011/01/07
JURI
18 amendments...
Amendment 134 #
Proposal for a regulation Recital 19 (19)
Amendment 138 #
Proposal for a regulation Recital 20 a (new) (20a) For immoveable property, the law of the Member State in which the succession property is located applies to the measures concerning the entry in the public registers of the transfer of rights in rem and the effects of this entry.
Amendment 144 #
Proposal for a regulation Recital 26 (26) In order to take into account the different methods of settling the issues regarding successions in the Member States, this Regulation should guarantee the
Amendment 157 #
Proposal for a regulation Article 2 – point b (b) “court”: any judicial authority or any competent authority in the Member States
Amendment 162 #
Proposal for a regulation Article 2 – point g (g) “decision”: any measure or decision
Amendment 167 #
Proposal for a regulation Article 3 Amendment 170 #
Proposal for a regulation Article 5 – paragraph 1 1. Where the law of a Member State was chosen by the deceased to govern their succession in accordance with Article 17, the court seised in accordance with Article 4
Amendment 176 #
Proposal for a regulation Article 6 a (new) Amendment 177 #
Proposal for a regulation Article 9 Amendment 194 #
Proposal for a regulation Article 18 a (new) Amendment 198 #
Proposal for a regulation Article 19 – paragraph 2 – point f (f) the transfer of assets
Amendment 199 #
Proposal for a regulation Article 19 – paragraph 2 – point g (g) the administration of assets, notably in regard to the powers of the heirs, the executors of the wills and other administrators of the succession, in particular the sale of property and the payment of creditors;
Amendment 202 #
Proposal for a regulation Article 20 a (new) Amendment 203 #
Proposal for a regulation Article 21 A
Amendment 216 #
Proposal for a regulation Article 26 – paragraph 1 a (new) However, where the law of a third State is determined to be the applicable law and that law refers the court back to the law of a Member State, the latter shall apply, unless the deceased had chosen the law of the third State to be the law governing their succession in accordance with Article 17.
Amendment 219 #
Proposal for a regulation Article 27 – paragraph 2 Amendment 222 #
Proposal for a regulation Article 34 – title Amendment 224 #
Proposal for a regulation Article 34 Authentic instruments
source: PE-464.765
|
| 2 |
2009/2140(INI) Implementation and review of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I)
2010/12/05
JURI
2 amendments...
Amendment 8 #
Motion for a resolution Recital L L. whereas, as regards rights of the personality, the media complain that the
Amendment 48 #
Motion for a resolution Paragraphe 20 20.
source: PE-441.266
|
| 7 |
2009/2158(INI) Europeana - next steps
2010/01/13
CULT
7 amendments...
Amendment 29 #
Motion for a resolution Paragraph 3 3. Regrets the uneven contributions from Member States to the content of Europeana, and encourages them and other cultural institutions to cooperate closely in digitising works and to keep up their efforts in drawing up digitisation plans at all possible levels, thus avoiding duplication of efforts as well as to speed up the rate of digitisation of cultural content in order to reach the goals set (10 million documents in 2010);
Amendment 52 #
Motion for a resolution Paragraph 12 12. Stresses that solutions should be found for Europeana also to offer in-copyright
Amendment 56 #
Motion for a resolution Paragraph 15 15. Favours a balanced Europe-wide solution for digitising and disseminating orphan works, starting by clearly defining them, establishing common standards and conditions (including that of
Amendment 58 #
Motion for a resolution Paragraph 15 a (new) 15a. Calls on the Commission, in regard to its Communication on Copyright in the Knowledge Economy of 19 October 2009, to introduce a legislative proposal on the digitisation, preservation and dissemination of orphan works, which would put an end to the current legal uncertainty, and to develop a European database of these works, orphan works being understood to be protected works whose rightholders are unknown or cannot be located, despite documented serious searches being made;
Amendment 66 #
Motion for a resolution Paragraph 18 18. Stresses that, in order to meet the high costs of digitisation and time pressures, new methods of financing must be developed, such as public-private partnerships
Amendment 72 #
Motion for a resolution Paragraph 18 a (new) 18a. Stresses the importance of a concerted approach at European level to the terms and conditions of public-private partnerships and the need for an in-depth examination of partnership agreements with private stakeholders on digitisation plans, notably as regards the duration of exclusivity clauses, service continuity, the non-confidential nature of the agreement and digitisation quality;
Amendment 92 #
Motion for a resolution Paragraph 22 22. Believes that cultural institutions must continue to play a major role in the future governance model of Europeana and calls on them to collaborate in order to avoid duplicating works digitised and to rationalise use of resources;
source: PE-430.897
|
| 4 |
2009/2170(INI) Amendment of Regulation (EC) No 864/2007 on the law applicable to non-contractual obligations (Rome II)
2012/12/01
JURI
4 amendments...
Amendment 9 #
Motion for a resolution Annex - Article 5 a – paragraph 1 (1)
Amendment 15 #
Motion for a resolution Annex – Article 5 a – paragraph 2 (2) Whe
Amendment 17 #
Motion for a resolution Annex - Article 5 a – paragraph 3 (3) The law applicable to the right of reply or equivalent measures and to any preventive measures or prohibitory injunctions against a publisher or broadcaster regarding the content of a publication or broadcast shall be the law of the country in which the broadcaster or publisher has its habitual residence.
Amendment 19 #
Motion for a resolution Annex – Article 5 a – paragraph 3 a (new) (3a) Paragraph 3 shall also apply to a violation of privacy or of rights relating to personality resulting from the handling of personal data.
source: PE-478.663
|
| 9 |
2009/2178(INI) Enforcement of intellectual property rights in the internal market
2010/02/03
JURI
9 amendments...
Amendment 47 #
Motion for a resolution Paragraph 2 2. Calls on the Commission to urgently present a comprehensive IPR strategy addressing all aspects of IPRs, including their enforcement as well as their promotion, in particular the role of copyright as an enabler and not an obstacle, helping creators earn a living and disseminating their works;
Amendment 53 #
Motion for a resolution Paragraph 3 a (new) 3a. Calls on the Commission to put particular emphasis on the IPR situation of SMEs in line with the ‘think small first’ principle adopted by the Small Business Act; SMEs should be at the forefront of the decision-making process at EU level due to their huge potential for Europe in terms of growth, employment and innovation as well as their essential role in ensuring diversity of choice, cultural diversity and diversity of entrepreneurship; at the level of industry, IPR-related initiatives such as anti-piracy and anti-counterfeiting actions should be conducted in the interests of the whole sector, including SMEs;
Amendment 74 #
Motion for a resolution Paragraph 13 13.
Amendment 78 #
Motion for a resolution Paragraph 14 14. Calls on all parties concerned, including Internet service providers, on- line sales platforms, rights-holders and consumers' organisations, with regard to piracy and the sale of counterfeit products on line, to
Amendment 88 #
Motion for a resolution Paragraph 16 a (new) 16a. Stresses that the enormous growth of unauthorised file sharing of copyrighted works and recorded performances is an increasing problem for the European economy in terms of job opportunities and revenues for the industry as well as for government;
Amendment 91 #
Motion for a resolution Paragraph 17 a (new) 17a. Stresses that the fight against digital piracy does not call into question the exercise of citizens’ fundamental rights such as the right to protection of privacy; recalls in this connection that protection of intellectual property constitutes a fundamental right under Article 17 of the Charter of Fundamental Rights of the European Union;
Amendment 103 #
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
Amendment 106 #
Motion for a resolution Paragraph 21 a (new) 21a. Stresses that the system for granting licences should be improved on a basis of technical neutrality, in such a way that the Member States have available to them a flexible, effective and transparent system which can be adapted to the new technologies;
Amendment 118 #
Motion for a resolution Paragraph 25 25. Calls on the Commission to
source: PE-439.233
|
| 5 |
2009/2224(INI) Internet of Things
2010/04/13
JURI
5 amendments...
Amendment 1 #
Draft opinion Recital A a (new) Aa. whereas, although RFID (radio- frequency identification) chips will be used in a still wider range of applications in the future, this technology raises new data-protection issues, the most significant among them being the fact that the chips are totally or well-nigh invisible,
Amendment 2 #
Draft opinion Recital A b (new) Ab. whereas all everyday objects (such as transport cards, clothes, mobile telephones and cars) will ultimately be fitted with RFID chips, which will quickly take on major economic importance owing to the wide range of applications in which they may be used,
Amendment 9 #
Draft opinion Paragraph 4 a (new) 4a. Draws attention to the need to promote security standards ensuring that any personal data contained on the chips cannot be read remotely by third parties without the knowledge of the persons concerned;
Amendment 10 #
Draft opinion Paragraph 5 a (new) 5a. Points out that due account must be taken of the key data-protection principles of purpose, proportionality, transparency and security in the development of these technologies;
Amendment 14 #
Draft opinion Paragraph 8 a (new) 8a. Calls for the utmost vigilance to be shown in ensuring respect for fundamental rights wherever RFID chips are used, given than anyone who has a dedicated reader can read the contents of such chips, which may contain personal data enabling the individuals concerned to be remotely identified;
source: PE-440.180
|
| 2 |
2009/2229(INI) Internet governance: the next steps
2010/04/13
JURI
2 amendments...
Amendment 2 #
Draft opinion Paragraph 1 a (new) 1a. Stresses, however, the important role and responsibilities of governments in creating and pursuing effective policies of general interest and in defending the public interest of society;
Amendment 4 #
Draft opinion Paragraph 6 a (new) 6a. Stresses that the appearance and multiplication of digital distribution media should not harm copyrights and that certain fundamental rights, such as freedom of expression and protection of data, of privacy, against incitement to racism, against discrimination and against xenophobia, should be protected; stresses the need for Community law to strike the right balance between copyright protection and the protection of human rights and basic freedoms;
source: PE-440.184
|
| 1 |
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
1 amendments...
Amendment 4 #
Motion for a resolution Recital F F. whereas, next, there is harmonisation or approximation which lends itself to certain areas where reinforcement of the Community standard
source: PE-445.987
|
| 15 |
2010/2156(INI) Unlocking the potential of cultural and creative industries
2010/11/15
EMPL
6 amendments...
Amendment 2 #
Draft opinion Paragraph 1 1. Emphasises – given that the creative industries represent an important part of the European economy and will contribute significantly to achieving the Union’s employment targets under the Europe 2020 strategy, especially through the initiatives for new jobs and the ‘industrial policy for the globalisation era’ – the need to reduce the inequalities faced by practitioners in the cultural and creative sector and to fight discrimination in these sectors, especially as regards pay, jobs that match the level of qualifications, and social security; calls on the Member States to introduce changes to their social security systems to meet the needs of practitioners in the cultural and creative sectors;
Amendment 28 #
Draft opinion Paragraph 2 2. Calls on the Commission to
Amendment 34 #
Draft opinion Paragraph 3 3. Favours initiatives on mobility, particularly for students and young creators whether qualified or
Amendment 43 #
Draft opinion Paragraph 3 a (new) 3a. Encourages the Member States to guarantee that, in terms of preferential arrangements for access to culture (e.g. reduced prices, free entry on certain days), all young people are treated equally irrespective of their status (as students, apprentices, trainees or job seekers, etc.);
Amendment 56 #
Draft opinion Paragraph 5 5.
Amendment 72 #
Draft opinion Paragraph 6 6.
source: PE-452.703
2011/07/02
JURI
9 amendments...
Amendment 1 #
Draft opinion Recital -A (new) -A. whereas the cultural and creative industries in Europe play an essential role in promoting cultural diversity and pluralism, but also significantly contribute to the economical recovery, to the creation of new jobs and to the sustainable development as well as to the competitiveness of the European economy; whereas small and medium sized companies are key players in the sectors;
Amendment 4 #
Draft opinion Recital B B. whereas
Amendment 7 #
Draft opinion Paragraph 1 1. Emphasises the need for effective enforcement of intellectual property rights in both the offline and online environments and stresses
Amendment 9 #
Draft opinion Paragraph 2 2.
Amendment 10 #
Draft opinion Paragraph 2 a (new) 2 a. Notes that market fragmentation in the cultural and creative sectors is also due to cultural diversity and language preferences for consumers.
Amendment 12 #
Draft opinion Paragraph 3 3. Emphasises that the
Amendment 15 #
Draft opinion Paragraph 4 4.
Amendment 17 #
Draft opinion Paragraph 4 a (new) 4 a. Notes that if widespread use of multi- territory and multi-repertoire licenses cannot be achieved, a comprehensive assessment of all potential obstacles to the creation of an effective EU internal market should be undertaken;
Amendment 19 #
Draft opinion Paragraph 5 source: PE-458.515
|
| 1 |
2010/2161(INI) Cultural dimensions of the EU's external actions
2011/01/25
CULT
1 amendments...
Amendment 86 #
Motion for a resolution Paragraph 11 11. Calls for
source: PE-456.661
|
| 8 |
2010/2245(INI) Innovation Union: transforming Europe for a post-crisis world
2011/02/16
EMPL
1 amendments...
Amendment 11 #
Draft opinion Paragraph 2 2. Stresses the importance of information and communications technology (ICT) in all innovative activity, recommends promoting the widespread use of ICT, promoting R&D in this field, favouring open-source codes and thus facilitating greater participation by citizens and SMEs in the development of applications and new services; reminds that support to businesses producing content through the use of ICT will also help to create and maintain jobs and competitiveness;
source: PE-458.657
2011/04/03
JURI
7 amendments...
Amendment 1 #
Draft opinion Recital A a (new) Aa. whereas IPR constitute a major prerequisite for capital-intensive research, development and innovation,
Amendment 2 #
Draft opinion Paragraph 1 Amendment 5 #
Draft opinion Paragraph 2 2.
Amendment 6 #
Draft opinion Paragraph 5 5. Takes the view that
Amendment 8 #
Draft opinion Paragraph 6 Amendment 10 #
Draft opinion Paragraph 8 8.
Amendment 11 #
Draft opinion Paragraph 8 a (new) 8a. Takes the view that combating IPR infringements increases the incentives for companies to develop innovative products and therefore increases the offer of goods and services available to consumers;
source: PE-458.757
|
| 1 |
2010/2277(INI) Single Market for Enterprises and Growth
2011/07/02
JURI
1 amendments...
Amendment 6 #
Draft opinion Paragraph 3 3. Stresses the need to adapt the EU legislative framework in the area of copyright to the ubiquity of the online world, whilst ensuring copyright protection, legal certainty and fair remuneration of rightsholders for both offline and online uses; points out that
source: PE-458.530
|
| 1 |
2010/2301(INI) EU and China: unbalanced trade?
2011/03/05
EMPL
1 amendments...
Amendment 55 #
Draft opinion Paragraph 5 a (new) 5a. Considers that imports of counterfeit goods from China not only pose a threat to the health and safety of EU consumers but also have an adverse impact on employment within the EU;
source: PE-464.737
|
| 33 |
2011/0136(COD) Orphan works: permitted uses
2011/10/27
IMCO
8 amendments...
Amendment 17 #
Proposal for a directive Recital 3 (3) Creating a legal framework to facilitate the digitisation and dissemination of works for which no
Amendment 28 #
Proposal for a directive Recital 9 a (new) (9a) Musical works, included those embedded in the audio, audiovisual, and cinematographic works referred to in Article 1.2 (2) and (3) should be excluded from the scope of this Directive.
Amendment 30 #
Proposal for a directive Recital 12 (12) Before a work can be considered an orphan work, a good faith and reasonable diligent search for the
Amendment 60 #
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 good faith and reasonable diligent search is carried out for each work, by consulting the appropriate sources for the category of works in question.
Amendment 63 #
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
Amendment 64 #
Proposal for a directive Article 3 – paragraph 2 a (new) 2a. In case the diligent search is carried out by other organisations than those referred to in Article 1(1), the latter shall remain liable for the search performed.
Amendment 70 #
Proposal for a directive Article 3 – paragraph 4 4. Member States shall appoint entities entitled to certify that diligent searches have been properly carried out in good faith, and shall ensure that the results of diligent searches carried out in their territories are recorded in a publicly accessible database.
Amendment 93 #
Proposal for a directive Article 7 a (new) Article 7a Preventive measures In accordance with the parties concerned, Member States shall promote measures to prevent the development of orphan works in the future.
source: PE-475.793
2011/10/28
JURI
25 amendments...
Amendment 49 #
Proposal for a directive Recital 3 (3) Creating a legal framework to facilitate the digitisation and dissemination of works for which no
Amendment 51 #
Proposal for a directive Recital 4 (4) The exclusive rights for
Amendment 62 #
Proposal for a directive Recital 12 (12) Before a work can be considered an orphan work, a good faith and reasonable diligent search for the
Amendment 65 #
Proposal for a directive Recital 14 (14) Orphan works may have several
Amendment 67 #
Proposal for a directive Recital 15 (15) In order to avoid duplication of search efforts, a good faith and diligent search should be conducted only in the Member State where the work was first published or broadcast. In some cases, however, such as with regard to coproduction of an audiovisual work, for example, a good faith and diligent search would involve a search in Member States other than the Member State of first publication or broadcast. In order to enable other Member States to ascertain whether the orphan status of a work has been established in another Member State, Member States should ensure that the results of diligent searches carried out in their territories are recorded in a publicly accessible database.
Amendment 69 #
Proposal for a directive Recital 16 (16) It is appropriate to provide that
Amendment 71 #
Proposal for a directive Recital 16 a (new) (16a) If a work has been wrongly found to be an orphan work, following a search which was not diligent and reasonable or not carried out in good faith, Member States should provide that the user be held liable, for breach of copyright, in accordance with the relevant national provisions and Union law.
Amendment 72 #
Proposal for a directive Recital 17 (17) In order to promote learning and culture, Member States should permit libraries, educational establishments and museums which are publicly accessible, as well as archives, film heritage institutions and public service broadcasting organisations, to make available and reproduce orphan works, provided such use fulfils their public interest missions, notably preservation, restoration and the provision of cultural and educational access to works contained in their collections. Film heritage institutions should, for the purposes of this Directive, cover organisations designated by Member States to collect, catalogue, preserve and restore films forming part of their cultural heritage. For the purposes of this Directive, public-service broadcasting organisations should cover broadcasters with a public-service remit laid down and organised by a Member State.
Amendment 76 #
Proposal for a directive Recital 20 (20) This Directive should be without prejudice to
Amendment 81 #
Proposal for a directive Recital 21 Amendment 83 #
Proposal for a directive Recital 22 Amendment 106 #
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 good faith and diligent search is carried out for each work, by consulting the appropriate sources for the category of works in question.
Amendment 112 #
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
Amendment 120 #
Proposal for a directive Article 3 – paragraph 3 – subparagraph 1 a (new) In some cases, a good faith and diligent search will involve a search in Member States other than the Member State of first publication or broadcast.
Amendment 122 #
Proposal for a directive Article 3 – paragraph 4 4. Member States shall ensure that the results of diligent searches carried out in their territories are recorded in a publicly accessible database. The Member States’ databases shall be designed and implemented so as to permit interlinkage with each other on a pan-European level.
Amendment 138 #
Proposal for a directive Article 6 – paragraph 2 2.
Amendment 142 #
Proposal for a directive Article 6 – paragraph 3 a (new) 3a. Member States shall provide that rightholders which put an end to the orphan status of the work, within the meaning of Article 5, are remunerated for the use that has been made of the work by the organisations referred to in Article 1(1);
Amendment 143 #
Proposal for a directive Article 6 – paragraph 4 4. Member States shall ensure that the organisations referred to in Article 1(1), when using orphan works in accordance with paragraph 1, maintain records of their diligent search and publicly accessible records of use. Those records shall be designed and implemented so as to permit interlinkage with each other on a pan- European level.
Amendment 147 #
Proposal for a directive Article 6 – paragraph 4 a (new) 4a. In the case of an orphan work where a rightholder has been identified but not located, the name of the rightholder shall be indicated in any use of the work.
Amendment 148 #
Proposal for a directive Article 7 A
Amendment 161 #
Proposal for a directive Article 8 – title Co
Amendment 162 #
Proposal for a directive Article 8 – paragraph 1 a (new) This Directive shall be without prejudice to the Member States’ arrangements concerning mass-scale digitisation of works, such as those relating to out-of- commerce works.
Amendment 164 #
Proposal for a directive Article 8 a (new) Article 8a Management of rights This Directive shall be without prejudice to the Member States’ arrangements concerning the management of rights such as extended collective licences.
Amendment 169 #
Proposal for a directive Annex – point 5 – point d a (new) (da) Credits and other information appearing on the work's packaging;
Amendment 170 #
Proposal for a directive Annex – point 5 – point d b (new) (db) Databases/membership lists of all relevant associations or institutions representing the relevant category of rightholder.
source: PE-475.839
|
| 29 |
2011/0137(COD) Intellectual property rights: customs enforcement
2012/01/26
IMCO
29 amendments...
Amendment 61 #
Proposal for a regulation Recital 2 (2) The marketing of goods infringing intellectual property rights does considerable damage to right-holders, law- abiding manufacturers and traders. It is also deceiving consumers, and could in some cases endanger their health and safety. Such goods should, in so far as is possible, be prevented from entering the customs territory and be kept off the market and measures should be adopted to deal with this unlawful activity without impeding legitimate trade.
Amendment 69 #
Proposal for a regulation Recital 5 (5) Regulation (EC) No 1383/2003 does not cover certain intellectual property rights and excludes certain infringements. In order to strengthen the enforcement of intellectual property rights, customs control should therefore be extended to other types of infringements
Amendment 75 #
Proposal for a regulation Recital 10 (10) In order to ensure the swift enforcement of intellectual property rights, it should be provided that, where the customs authorities suspect, on the basis of
Amendment 78 #
Proposal for a regulation Recital 11 (11) Where goods suspected of infringing intellectual property rights are not counterfeit or pirated goods, it may be difficult to determine upon mere visual examination by customs authorities whether an intellectual property right might be infringed. It is therefore appropriate to provide that proceedings should be initiated, unless the parties concerned, namely the declarant or the holder of the goods and the right-holder, agree to abandon the goods for destruction. It should be for the competent authorities dealing with such proceedings to determine whether an intellectual property right has been infringed and to take appropriate decisions concerning the infringements of intellectual property rights concerned.
Amendment 86 #
Proposal for a regulation Recital 15 (15) For further legal clarity and in order to protect the interests of legitimate traders from possible abuse of the border enforcement provisions, it is appropriate to modify the timelines for detaining goods suspected of infringing an intellectual property right, the conditions in which information about consignments is to be passed on to right-holders by customs authorities, and the conditions for applying the procedure allowing for destruction of the goods under customs control for suspected infringements of intellectual property rights other than for counterfeit and pirated goods
Amendment 89 #
Proposal for a regulation Recital 16 (16) Taking into account the provisional and preventive character of the measures adopted by the customs authorities in this field and the conflicting interests of the parties affected by the measures, some aspects of the procedures should be adapted to ensure a smooth application of the Regulation, whilst respecting the rights of the concerned parties. Thus, with respect to the various notifications envisaged by this Regulation, the customs authorities should notify the most appropriate person, on the basis of the documents concerning the customs treatment or of the situation in which the goods are placed.
Amendment 94 #
Proposal for a regulation Recital 16 a (new) (16a) The customs authority in receipt of an application for action shall suspend the release of or shall detain those goods from a non-Community country placed under a suspensive procedure as soon as it has sufficient reason to suspect an intellectual property right has been infringed.
Amendment 97 #
Proposal for a regulation Recital 17 (17) Under the "Declaration on the TRIPS Agreement and Public Health" adopted by the Doha WTO Ministerial Conference on 14 November 2001, the TRIPS Agreement can and should be interpreted and implemented in a manner supportive of WTO Members' right to protect public health and, in particular, to promote access to medicines for all.
Amendment 101 #
Proposal for a regulation Recital 17 a (new) (17a) In order to step up action against infringements of intellectual property rights, the European Observatory on Counterfeiting and Piracy should play an important role in providing customs authorities with useful information enabling them to act quickly and effectively.
Amendment 104 #
Proposal for a regulation Recital 20 (20) Given that customs authorities take action upon prior application, it is appropriate to provide that the holder of the decision granting an application for action by the customs authorities should reimburse all the costs incurred by the customs authorities in taking action to enforce his/her intellectual property rights. Nevertheless,
Amendment 128 #
Proposal for a regulation Article 2 – point 5 – point 5.1 – introductory part Amendment 133 #
Proposal for a regulation Article 2 – point 5 – point 5.1 a (new) 5.1a. any packaging, label, sticker, brochure, operating instructions, warranty document or other similar item, even if presented separately, which is the subject of an action infringing a trade mark and which includes a sign identical to a validly registered trade mark, or which cannot be distinguished in its essential aspects from such a trade mark, for a use for the same type of goods as that for which the trade mark has been registered;
Amendment 140 #
Proposal for a regulation Article 2 – point 7 – introductory part 7.
Amendment 171 #
Proposal for a regulation Article 7 – paragraph 2 2. Where the applicant does not provide the missing information within the period referred to in paragraph 1, the competent customs department
Amendment 183 #
Proposal for a regulation Article 16 – paragraph 2 2. Before adopting the decision of suspension of release or detention of the goods, the customs authorities may ask the holder of the decision granting the application to provide them with any relevant information. The customs authorities
Amendment 184 #
Proposal for a regulation Article 16 – paragraph 3 Amendment 195 #
Proposal for a regulation Article 17 – paragraph 3 Amendment 203 #
Proposal for a regulation Article 17 – paragraph 6 Amendment 205 #
Proposal for a regulation Article 18 – paragraph 2 – subparagraph 1 The customs authorities may take samples representative of the goods as a whole and may provide such samples to the holder of the decision granting the application, at his/her request, strictly for the purposes of analysis and to facilitate the subsequent procedure in relation to counterfeit and pirated goods. Any analysis of those samples shall be carried out under the sole responsibility of the holder of the decision granting the application.
Amendment 209 #
Proposal for a regulation Article 19 – point a a (new) (aa) to initiate criminal proceedings;
Amendment 218 #
Proposal for a regulation Article 20 – paragraph 2 – point b (b) a written agreement between the holder of the decision granting the application and the declarant or holder of the goods to abandon the goods for destruction.
Amendment 227 #
Proposal for a regulation Article 23 – paragraph 2 – subparagraph 1 Where the declarant or holder of the goods has not confirmed his/her agreement to destruction within the periods set out in paragraph 1(b) nor notified his/her opposition to destruction to the customs authorities that adopted the decision to suspend the release of the goods or to detain them, the customs authorities
Amendment 228 #
Proposal for a regulation Article 23 – paragraph 3 3. The destruction shall be carried out under customs control, at the expense and under the responsibility of the holder of the decision granting the application, unless otherwise specified in the legislation of the Member State where the goods are destroyed. Samples representative of the goods as a whole may be taken prior to destruction.
Amendment 234 #
Proposal for a regulation Article 24 – paragraph 1 – point b a (new) (ba) it has been confirmed by the holder, after having been informed, that the goods are counterfeit or pirated goods;
Amendment 235 #
Proposal for a regulation Article 24 – paragraph 2 2. Article 16
Amendment 237 #
Proposal for a regulation Article 24 – paragraph 4 4. The declarant or holder of the goods shall be given the opportunity to express his/her point of view within
Amendment 239 #
Proposal for a regulation Article 24 – paragraph 5 5. The goods concerned may be destroyed where, within
Amendment 240 #
Proposal for a regulation Article 24 – paragraph 7 7. The destruction shall be carried out under customs control
Amendment 250 #
Proposal for a regulation Article 28 – paragraph 1 source: PE-480.583
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| 10 |
2011/0359(COD) Statutory audit of public-interest entities: specific requirements
2012/09/11
JURI
10 amendments...
Amendment 426 #
Proposal for a regulation Article 16 – paragraph 5 – subparagraph 1 – point c (c) an audit plan setting out the probable scope and method of the statutory audit
Amendment 475 #
Proposal for a regulation Article 23 – paragraph 2 – point e (e) describe the distribution of tasks among the statutory auditor(s)s and/or the audit firm(s)
Amendment 495 #
Proposal for a regulation Article 24 – paragraph 1 The audit committee of the public-interest entity shall monitor the work of the statutory auditor(s) or audit firm(s) carrying out the statutory audit and, when more than one statutory auditor or audit firm have been appointed, the distribution of tasks between them and their rotation.
Amendment 558 #
Proposal for a regulation Article 33 – paragraph 1 – subparagraph 1 The public-interest entity shall appoint a statutory auditor or audit firm for an initial engagement that shall not be shorter than t
Amendment 564 #
Proposal for a regulation Article 33 – paragraph 1 – subparagraph 2 Amendment 580 #
Proposal for a regulation Article 33 – paragraph 1 – subparagraph 3 Amendment 594 #
Proposal for a regulation Article 33 – paragraph 1 – subparagraph 4 Where
Amendment 607 #
Proposal for a regulation Article 33 – paragraph 3 Amendment 627 #
Proposal for a regulation Article 33 – paragraph 6 – subparagraph 1 ESMA shall develop draft regulatory technical standards to specify technical requirements on the performance of statutory audits by more than one statutory auditor or audit firm including the rotation of tasks referred to in paragraph 1 and the content of the handover file referred to in paragraph
Amendment 668 #
Proposal for a regulation Article 40 – paragraph 5 – subparagraph 1 – point b (b) adequate compliance testing of procedures and a review of audit files of public interest entities in order to verify the effectiveness of the internal quality control system including appropriate implementation of the provisions of Article 33(1), in particular regarding the rotation of tasks;
source: PE-500.424
|
| 1 |
2011/0389(COD) Statutory audits of annual accounts and consolidated accounts
2012/11/14
JURI
1 amendments...
Amendment 154 #
Proposal for a directive Article 1 – point 20 Directive 2006/43/EC Article 43 b – subparagraph 2 Where a Member State has established rules on the carrying out of a limited review task relating to
source: PE-500.423
|
| 2 |
2011/0901(COD) Court of Justice: statute (amend. Protocol and Annex I)
2012/12/01
JURI
2 amendments...
Amendment 15 #
Draft regulation Recital 9 a (new) (9a) To ensure an appropriate balance between Member States as regards the additional Judges of the Court, Declaration 38 attached to the final act of the Intergovernmental Conference which adopted the Lisbon Treaty should be used as a guide. The additional Judges should include one from among the nationals of each of the six most populated Member States. The six other additional Judges should be appointed from among the nationals of the other Member States, according to a rotation based on equality between them.
Amendment 23 #
Draft regulation Article 1 – point 2 Protocol on the Statute of the Court of Justice of the European Union Article 16 – paragraph 2 2. Article 16, second paragraph, shall be replaced by the following: 'The Grand Chamber shall consist of 15 Judges. It shall be presided over by the President of the Court. The Vice-President
source: PE-478.661
|
| 4 |
2011/2013(INI) Policy options for progress towards a European contract law for consumers and businesses
2011/04/03
JURI
4 amendments...
Amendment 12 #
Motion for a resolution Recital E E. whereas the application of foreign (consumer) law to cross-border transactions under the Rome-I
Amendment 24 #
Motion for a resolution Recital G G. whereas
Amendment 29 #
Motion for a resolution Recital H H. whereas any steps taken in the area of European contract law must be coherent with the expected Consumer Rights Directive and the Community acquis, and must take into account mandatory national rules,
Amendment 129 #
Motion for a resolution Paragraph 18 18. Recalls, in accordance with Better Lawmaking principles, the need
source: PE-460.697
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| 15 |
2011/2025(INI) Comprehensive approach on personal data protection in the European Union
2011/03/05
JURI
15 amendments...
Amendment 2 #
Draft opinion Paragraph 1 1.
Amendment 4 #
Draft opinion Paragraph 1 a (new) 1a. Notes that the new legal instrument must also produce a harmonised interpretation of the definitions and clarify the rules on applicable law;
Amendment 6 #
Draft opinion Paragraph 2 2. Considers that the current legislative framework has ensured a high level of protection of personal data and that t
Amendment 13 #
Draft opinion Paragraph 4 Amendment 18 #
Draft opinion Paragraph 5 a (new) 5a. Maintains that transparency should be established as the general principle governing the processing of personal data, as this would make it easier for individual data subjects to check their own data;
Amendment 21 #
Draft opinion Paragraph 6 a (new) 6a. Welcomes the Commission’s decision to consider how a personal data breach notification requirement might be established on a general basis, bearing in mind that such a requirement at present applies to the telecommunications sector only;
Amendment 22 #
Draft opinion Paragraph 6 b (new) 6b. Calls on the Commission to propose specific measures for children, who are not always aware of the risks involved in the use of the Internet;
Amendment 23 #
Draft opinion Paragraph 6 c (new) 6c. Believes that national data protection authorities should conduct awareness- raising campaigns targeting minors in particular;
Amendment 24 #
Draft opinion Paragraph 6 d (new) 6d. Points out that revision of the European rules must not entail excessive costs for European firms, as this would adversely affect their competitiveness in relation to rivals from non-EU countries;
Amendment 25 #
Draft opinion Paragraph 6 e (new) 6e. Considers that self-regulation, for instance through codes of conduct, should be encouraged;
Amendment 26 #
Draft opinion Paragraph 6 f (new) 6f. Applauds the Commission’s view that other relevant fundamental rights enshrined in the Charter of Fundamental Rights and other aims set out in the Treaties must be taken into account for the purposes of enforcing the right to protection of personal data;
Amendment 27 #
Draft opinion Paragraph 6 g (new) 6g. Points out that protection of personal data applies to every person, but the enforcement of this right must not serve to protect criminal activities or offenders; notes that Article 47 of the European Charter of Fundamental Rights provides for the right to an effective remedy in the event of violation of rights and freedoms guaranteed by EU law;
Amendment 29 #
Draft opinion Paragraph 7 a (new) 7a. Calls on the Commission to continue the dialogue with non-EU countries with a view to establishing a coherent international legal framework, given that cloud computing and other technological developments enable controllers to operate in more than one country;
Amendment 30 #
Draft opinion Paragraph 8 8. Calls on
Amendment 32 #
Draft opinion Paragraph 8 a (new) 8a. Calls on the Commission to clarify the role of the Article 29 Working Party, not least as regards the fullest possible harmonisation of the rules on personal data protection.
source: PE-464.682
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| 2 |
2011/2082(INI) Future of VAT
2011/07/22
IMCO
2 amendments...
Amendment 12 #
Draft opinion Paragraph 1 – point 1 (new) (1) Emphasises that, in the context of the economic and financial crisis, the tax reform should make the greatest possible contribution to attaining the objectives of the Europe 2020 strategy.
Amendment 56 #
Draft opinion Paragraph 6 a (new) 6a. Calls, as a matter of urgency, for the introduction of a reduced rate of VAT for cultural goods and services distributed online in order to promote their development.
source: PE-469.966
|
| 1 |
2011/2087(INI) European dimension in sport
2011/09/14
IMCO
1 amendments...
Amendment 32 #
Draft opinion Paragraph 4 4.
source: PE-472.031
|
| 10 |
2011/2089(INI) Towards a coherent European approach to collective redress
2011/07/25
IMCO
10 amendments...
Amendment 6 #
Draft opinion Recital B B. whereas individual lawsuits
Amendment 27 #
Draft opinion Paragraph 1 1. Stresses that
Amendment 65 #
Draft opinion Paragraph 9 9. Emphasises that
Amendment 76 #
Draft opinion Paragraph 12 12. Emphasises that features which encourage a litigation culture such as punitive damages, contingency fees, th
Amendment 78 #
Draft opinion Paragraph 12 a (new) 12 a. Stresses that, in order to ensure the efficiency of the system and to avoid potential abuses, the EU approach to collective redress should only include representative action by entities duly recognised at national level (public authorities, such as the Ombudsmen or consumer organisations); calls on the Commission to define a common set of criteria that consumer organisations must fulfil in order to be able to stand in court to avoid forum-shopping; stresses that national competent authorities should be responsible for checking that consumer organisations comply with such criteria;
Amendment 79 #
Draft opinion Paragraph 12 b (new) 12 b. Insists on the need to build the European approach to collective redress on the opt-in principle, whereby victims are clearly identified and take part in the procedure only if they expressly indicated their wish to do so, in order to avoid potential abuses;
Amendment 82 #
Draft opinion Paragraph 13 13.
Amendment 98 #
Draft opinion Paragraph 15 b (new) 15 b. Insists on the need to respect the loser pays principle according to which the losing party pays for the costs of the proceedings in order to avoid the proliferation of unmeritorious claims;
Amendment 110 #
Draft opinion Paragraph 17 17. Affirms that, in order to make collective actions practically possible, Member States should ensure that adequate funding mechanisms are made available; stresses that public authorities should refuse to allocate resources to unmeritorious claims; suggests to the Commission to work on the possibility of creating a fund financed by a certain percentage of the fines imposed by public authorities to sanction practices infringing upon EU competition law; proposes that such fund could then be used to finance collective redress procedures when the representative entity cannot afford to bring the case to court;
Amendment 122 #
Draft opinion Paragraph 18 b (new) source: PE-469.826
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| 2 |
2011/2117(INI) Alternative dispute resolution in civil, commercial and family matters
2011/11/07
JURI
2 amendments...
Amendment 23 #
Motion for a resolution Paragraph 9 9. Calls for an obligation for
Amendment 38 #
Motion for a resolution Paragraph 18 18. Sees potential for ADR within the ongoing discussion on collective redress, sin
source: PE-469.797
|
| 2 |
2011/2313(INI) Online distribution of audiovisual works in the European Union
2012/03/04
JURI
2 amendments...
Amendment 26 #
Draft opinion Paragraph 6 a (new) 6a. Stresses that it is essential, in the online distribution of audiovisual works, to guarantee equitable remuneration for all authors, artists and performers involved, for example by setting up collective agreements through contractual clauses or, in the absence of an agreement between the parties, through voluntary collective administration;
Amendment 28 #
Draft opinion Paragraph 6 b (new) 6b. Calls for the Commission to urgently carry out a study on the different remuneration options for authors, artists and performers in the audiovisual sector, so that best practice in Member States can be used to set up an EU model;
source: PE-486.139
|
| 45 |
2012/0011(COD) Personal data protection: processing and free movement of data (General Data Protection Regulation)
2012/08/11
IMCO
34 amendments...
Amendment 95 #
Proposal for a regulation Recital 15 (15) This Regulation should not apply to processing of personal data by a
Amendment 101 #
Proposal for a regulation Recital 24 (24) When using online services, individuals may be associated with online identifiers provided by their devices, applications, tools and protocols, such as Internet Protocol addresses or cookie identifiers. This may leave traces which, combined with unique identifiers and other information received by the servers, may be used to create profiles of the individuals and identify them. It follows that a study should be conducted, on a case-by-case basis and in accordance with technological developments, into whether identification numbers, location data, online identifiers or other specific factors as such
Amendment 119 #
Proposal for a regulation Recital 38 (38) The legitimate interests of a
Amendment 128 #
Proposal for a regulation Recital 55 Amendment 129 #
Proposal for a regulation Recital 60 (60)
Amendment 132 #
Proposal for a regulation Recital 62 (62) The protection of the rights and freedoms of data subjects as well as the responsibility and liability of controllers and processor, also in relation to the monitoring by and measures of supervisory authorities, requires a clear attribution of the responsibilities under this Regulation, including where a controller determines the purposes, conditions and means of the processing jointly with other controllers or where a processing operation is carried out on behalf of a controller. Where joint and several liability applies, a processor which has made amends for damage done to the data subject concerned may bring an action against the controller for reimbursement if it has acted in conformity with the legal act binding it to the controller.
Amendment 134 #
Proposal for a regulation Recital 65 (65) In order to demonstrate compliance with this Regulation, the controller or processor should keep a document
Amendment 142 #
Proposal for a regulation Recital 118 (118) Any damage which a person may suffer as a result of unlawful processing should be compensated by the controller or processor, who may be exempted from liability if they prove that they are not responsible for the damage, in particular where he establishes fault on the part of the data subject or in case of force majeure. Where joint and several liability applies, a processor which has made amends for damage done to the data subject concerned may bring an action against the controller for reimbursement if it has acted in conformity with the legal act binding it to the controller.
Amendment 146 #
Proposal for a regulation Recital 139 (139) In view of the fact that, as underlined by the Court of Justice of the European Union, the right to the protection of personal data is not an absolute right, but must be considered in relation to its function in society and be balanced with other
Amendment 148 #
Proposal for a regulation Article 2 – paragraph 2 – point d d) by a natural person without any gainful interest in the course of its own exclusively personal or household activity and on condition that no personal data are made accessible to an indefinite number of people;
Amendment 166 #
Proposal for a regulation Article 4 – paragraph 1 – point 2 a (new) (2 a) 'Anonymous data' means any data that has been collected, altered or otherwise processed in such a way that it can no longer be attributed to a data subject or that such attribution would require a disproportionate amount of time, cost and effort; anonymous data shall not be considered personal data.
Amendment 179 #
Proposal for a regulation Article 4 – paragraph 1 – point 13 (13) ‘main establishment’ means
Amendment 193 #
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 or third parties to whom the data are 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 202 #
Proposal for a regulation Article 6 – paragraph 5 Amendment 219 #
Proposal for a regulation Article 8 – paragraph 1 1. For the purposes of this Regulation, in relation to the offering of
Amendment 249 #
Proposal for a regulation Article 14 – paragraph 1 – point c c) the criteria for determining the period for which the personal data will be stored for each purpose;
Amendment 276 #
Proposal for a regulation Article 17 – paragraph 2 a (new) 2a. The controller referred to in paragraph 1 shall inform the data subject of the action taken in response to their request by the third parties referred to in paragraph 2.
Amendment 280 #
Proposal for a regulation Article 18 Amendment 321 #
Proposal for a regulation Article 22 – title Amendment 339 #
Proposal for a regulation Article 28 – paragraph 2 – introductory part 2. The documentation shall contain
Amendment 342 #
Proposal for a regulation Article 28 – paragraph 2 – point d d
Amendment 343 #
Proposal for a regulation Article 28 – paragraph 2 – point e Amendment 345 #
Proposal for a regulation Article 28 – paragraph 2 – point g Amendment 352 #
Proposal for a regulation Article 30 – paragraph 3 Amendment 402 #
Proposal for a regulation Article 51 – paragraph 1 a (new) 1a. In the event of a complaint by a data subject or a body, organisation or association referred to in Article 73(2), the supervisory authority responsible shall be that of the Member State in which the complaint was made. That authority shall be competent to take action on the complaint. It shall also be competent to supervise the controller’s processing activities or those of a processor, without prejudice to paragraph 2.
Amendment 403 #
Proposal for a regulation Article 51 – paragraph 2 2.
Amendment 423 #
Proposal for a regulation Article 79 – paragraph 3 – introductory part 3.
Amendment 425 #
Proposal for a regulation Article 79 – paragraph 3 – point a Amendment 427 #
Proposal for a regulation Article 79 – paragraph 3 – point b Amendment 428 #
Proposal for a regulation Article 79 – paragraph 4 Amendment 438 #
Proposal for a regulation Article 79 – paragraph 7 Amendment 456 #
Proposal for a regulation Article 86 – paragraph 5 a (new) 5a. When adopting the acts referred to in this article, the Commission shall promote technological neutrality.
source: PE-500.411
2012/11/29
JURI
11 amendments...
Amendment 77 #
Proposal for a regulation Recital 27 (27) The main establishment of a controller in the Union should be determined according to objective criteria and should imply the effective and real exercise of management activities determining the main decisions as to the purposes, conditions and means of processing through stable arrangements. This criterion should not depend whether the processing of personal data is actually carried out at that location; the presence and use of technical means and technologies for processing personal data or processing activities do not, in themselves, constitute such main establishment and are therefore no determining criteria for a main establishment.
Amendment 82 #
Proposal for a regulation Recital 45 (45) If the data processed by a controller do not permit the controller to identify a natural person, the data controller should not be obliged to
Amendment 109 #
Proposal for a regulation Article 4 – point 2 a (new) (2a) 'pseudonymous data' means any personal data that has been collected, altered or otherwise processed so that, of itself, it cannot be attributed to a data subject without the use of additional data which is subject to separate and distinct technical and organisational controls to ensure such non attribution;
Amendment 113 #
Proposal for a regulation Article 4 – point 5 (5)
Amendment 120 #
Proposal for a regulation Article 4 – point 13 (13) ‘main establishment’
Amendment 124 #
Proposal for a regulation Article 4 – point 19 a (new) (19a) 'competent supervisory authority' means a supervisory authority with exclusive competence to supervise the processing activities of the controller or processor in accordance with Article 51(2);
Amendment 166 #
Proposal for a regulation Article 10 If the data processed by a controller do not permit the controller to identify a natural person, the controller shall not be obliged to
Amendment 226 #
Proposal for a regulation Article 20 – paragraph 2 – point b (b) is
Amendment 229 #
Proposal for a regulation Article 20 – paragraph 2 – point c (c) is based on
Amendment 254 #
Proposal for a regulation Article 24 Where a controller determines the purposes
Amendment 401 #
Proposal for a regulation Article 77 – paragraph 2 2. Where more than one controller or processor is involved in the processing, each controller or processor shall be jointly and severally liable for the entire amount of the damage. In the event of joint and several liability, a processor which has made amends for damage done to the person concerned may appeal against the controller for reimbursement if it has acted in conformity with the legal act referred to in Article 26(2).
source: PE-500.695
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| 5 |
2012/2030(INI) Completing the Digital Single Market
2012/06/08
IMCO
4 amendments...
Amendment 34 #
Motion for a resolution Paragraph 5 a (new) 5a. Emphasises the importance of a European cloud computing strategy given its potential for EU competitiveness, growth and jobs creation; stresses that the cloud computing is an opportunity for European IT industry and especially for SMEs thanks to minimal entry costs and low infrastructure requirements, to develop and become leaders in areas such as outsourcing, new digital services and data centres;
Amendment 57 #
Motion for a resolution Paragraph 11 11. Calls on the Commission and the Member States to examine the possibilities of simplifying and standardising the VAT rules for cross-border online transactions
Amendment 64 #
Motion for a resolution Paragraph 11 – subparagraph 1 (new) calls on the Commission to propose a revision of Directive 2006/112 in order to introduce a new category of electronically provided cultural-content services which would benefit from a reduced rate of VAT;
Amendment 108 #
Motion for a resolution Paragraph 29 29. Welcomes the proposed regulation on electronic identification
source: PE-492.884
2012/06/27
JURI
1 amendments...
Amendment 13 #
Draft opinion Paragraph 5 5. Requests clarification that internet service providers are obliged to adhere to EU data protection law and EU competition law and to comply with intellectual property rights protection when dealing with and/or gathering data within the EU, irrespective of where these data are stored and/or processed;
source: PE-492.698
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| 10 |
2012/2038(INI) Report on implementation of the Resale Right Directive 2001/84/EC
2012/11/09
JURI
10 amendments...
Amendment 1 #
Motion for a resolution Paragraph 1 1. Notes that 2011 was a record year for the art market; total annual revenue was USD 11.57 billion, an increase of over USD 2 billion on 20102 ; stresses that the art and antiques market makes a significant contribution to the global economy, including the business it supports, especially those in the creative industries;
Amendment 2 #
Motion for a resolution Paragraph 6 6. Notes with satisfaction that third countries are planning to introduce the resale right into their national legislation; points out, in particular, that a draft bill was tabled on 12 December 2011 in the United States aimed at imposing a 7 %
Amendment 3 #
Motion for a resolution Paragraph 6 6. Notes that third countries are planning to introduce the resale right into their national legislation; points out that a draft bill was tabled on 12 December 2011 in the United States aimed at imposing a 7 %
Amendment 4 #
Motion for a resolution Paragraph 6 6. Notes that third countries are planning to introduce the resale right into their national legislation; points out that a draft bill was tabled on 12 December 2011 in the United States aimed at imposing a 7 % tax on the resale of contemporary works of art; notes that a bill published in China in March 2012 for reform of the copyright law there provides for the introduction of a resale right;
Amendment 6 #
Motion for a resolution Paragraph 9 9. Notes that the Commission's report on the implementation and effect of the Directive and statistics from the sector does not suggest that the resale right has had
Amendment 7 #
Motion for a resolution Paragraph 10 10. Notes that several of the Directive's provisions ensure a balanced application of the resale right, taking into account the interests of all stakeholders, in particular the gradual decrease in applicable rates, the EUR 12 500 ceiling on the resale right, the exclusion of small sales and the resale exemption for the first buyer; stresses, however, that the directive places an administrative burden on dealers;
Amendment 11 #
Motion for a resolution Paragraph 11 11. Notes that the art market was valued at USD 10 billion in 2010 and almost USD 12 billion in 2012; believes, as a result, that artists and their heirs should receive fair
Amendment 13 #
Motion for a resolution Paragraph 12 12. Notes that art market studies and statistics do not suggest that the resale right has
Amendment 17 #
Motion for a resolution Paragraph 15 15. Encourages the Commission, in its next assessment report, to reconsider the relevance of applicable rates and the categories of beneficiaries as specified in the Directive and to assess the possibility of a mandatory threshold;
Amendment 19 #
Motion for a resolution Paragraph 16 16. Calls on the Commission to work closely with stakeholders to strengthen the European art market's position and to address problems such as the ‘cascade effect’ and the administrative difficulties faced by smaller and specialist auction houses and dealers;
source: PE-494.866
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| 9 |
2012/2132(INI) Implementation of the Audiovisual Media Services Directive
2012/11/28
IMCO
9 amendments...
Amendment 2 #
Draft opinion Paragraph -1 a (new) 1a. Welcomes the application by Member States of internal market rules, particularly those concerning the free movement of audiovisual media services and the country of origin principle referred to in Article 2 of Directive 2010/13/EU;
Amendment 4 #
Draft opinion Paragraph 2 2. Considers that Member States should ensure that audiovisual media services are accessible
Amendment 5 #
Draft opinion Paragraph 3 Amendment 8 #
Draft opinion Paragraph 4 Amendment 10 #
Draft opinion Paragraph 5 5. Reiterates that the proportion of advertising and teleshopping spots should not exceed 12 minutes per hour; highlights the need to monitor commercial formats devised to skirt this restriction and calls for a ban on
Amendment 13 #
Draft opinion Paragraph 5 5. Reiterates that the proportion of televised advert
Amendment 17 #
Draft opinion Paragraph 6 6.
Amendment 18 #
Draft opinion Paragraph 6 a (new) 6a. Supports the emphasis in Directive 2010/13/EU on encouraging the introduction of co-regulation and/or self-regulatory regimes, as referred to in Article 4(7).
Amendment 19 #
Draft opinion Paragraph 7 7. Asks that audiovisual media services and their related devices give consideration to
source: PE-500.650
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