Bernhard RAPKAY
Constituencies
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Germany
Sozialdemokratische Partei Deutschlands
2009/07/14 - 9999/12/31
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Germany
Sozialdemokratische Partei Deutschlands
2004/07/20 - 2009/07/13
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Germany
Sozialdemokratische Partei Deutschlands
2004/07/20 - 2009/07/13
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Germany
Sozialdemokratische Partei Deutschlands
1999/07/20 - 2004/07/19
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Germany
Sozialdemokratische Partei Deutschlands
1999/07/20 - 2004/07/19
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Germany
Sozialdemokratische Partei Deutschlands
1994/07/19 - 1999/07/19
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Germany
Sozialdemokratische Partei Deutschlands
1994/07/19 - 1999/07/19
Groups
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S&D
Vice-Chair
Group of the Progressive Alliance of Socialists and Democrats in the European Parliament
2012/01/19 - 9999/12/31
Show earlier groups...
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S&D
Member
Group of the Progressive Alliance of Socialists and Democrats in the European Parliament
2009/07/14 - 2012/01/18
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PSE
Member
Socialist Group in the European Parliament
2004/07/20 - 2009/07/13
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PSE
Member
Group of the Party of European Socialists
1999/07/20 - 2004/07/19
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PSE
Member
Group of the Party of European Socialists
1994/07/19 - 1999/07/19
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PSE
Member
Group of the Party of European Socialists
1994/07/19 - 1999/07/19
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PSE
Member
Group of the Party of European Socialists
1999/07/20 - 2004/07/19
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PSE
Member
Socialist Group in the European Parliament
2004/07/20 - 2009/07/13
Committees
| Role | Committee | Start | End |
|---|---|---|---|
| Member of | Committee on Legal Affairs | 2012/01/19 | 9999/12/31 |
| Substitute of | Committee on Economic and Monetary Affairs | 2012/01/19 | 9999/12/31 |
Show earlier commitees...
Delegations
| Role | Delegation | Start | End |
|---|---|---|---|
| Member of | Delegation to the EU-Chile Joint Parliamentary Committee | 2009/09/16 | 9999/12/31 |
| Member of | Delegation to the Euro-Latin American Parliamentary Assembly | 2009/09/16 | 9999/12/31 |
| Substitute of | Delegation to the ACP-EU Joint Parliamentary Assembly | 2009/09/16 | 9999/12/31 |
Show earlier delegations...
| Role | Delegation | Start | End |
|---|---|---|---|
| Substitute of | Delegation for relations with the countries of Southeast Asia and the Association of Southeast Asian Nations (ASEAN) | 2007/03/14 | 2009/07/13 |
| Member of | Delegation to the EU-Ukraine Parliamentary Cooperation Committee | 2004/09/15 | 2007/03/14 |
| Substitute of | Delegation for relations with the countries of Southeast Asia and the Association of Southeast Asian Nations (ASEAN) | 2004/09/15 | 2007/03/13 |
| Member of | Delegation for relations with the countries of South Asia and the South Asia Association for Regional Cooperation (SAARC) | 2002/02/07 | 2004/07/19 |
| Member of | Delegation for relations with the countries of Central America and Mexico | 1999/10/06 | 2002/01/14 |
| Member of | Delegation to the European Economic Area Joint Parliamentary Committee (EEA) | 1997/02/17 | 1999/07/19 |
| Substitute of | Delegation for relations with South-east Europe | 1999/02/24 | 1999/07/19 |
| Substitute of | Delegation for relations with South-east Europe | 1997/10/14 | 1999/02/23 |
| Substitute of | Delegation for relations with South-east Europe | 1997/01/16 | 1997/10/13 |
| Member of | Delegation for relations with the countries of South Asia and the South Asia Association for Regional Cooperation (SAARC) | 1995/07/12 | 1997/01/15 |
| Member of | Delegation for relations with the countries of South Asia and the South Asia Association for Regional Cooperation (SAARC) | 1994/11/17 | 1995/07/11 |
| Member of | Delegation for relations with the countries of South Asia and the South Asia Association for Regional Cooperation (SAARC) | 1994/11/17 | 1995/07/11 |
| Member of | Delegation for relations with the countries of South Asia and the South Asia Association for Regional Cooperation (SAARC) | 1995/07/12 | 1997/01/15 |
| Substitute of | Delegation for relations with South-east Europe | 1997/01/16 | 1997/10/13 |
| Member of | Delegation to the European Economic Area Joint Parliamentary Committee (EEA) | 1997/02/17 | 1999/07/19 |
| Substitute of | Delegation for relations with South-east Europe | 1997/10/14 | 1999/02/23 |
| Substitute of | Delegation for relations with South-east Europe | 1999/02/24 | 1999/07/19 |
| Member of | Delegation for relations with the countries of Central America and Mexico | 1999/10/06 | 2002/01/14 |
| Member of | Delegation for relations with the countries of South Asia and the South Asia Association for Regional Cooperation (SAARC) | 2002/02/07 | 2004/07/19 |
| Member of | Delegation to the EU-Ukraine Parliamentary Cooperation Committee | 2004/09/15 | 2007/03/14 |
| Substitute of | Delegation for relations with the countries of Southeast Asia and the Association of Southeast Asian Nations (ASEAN) | 2004/09/15 | 2007/03/13 |
| Substitute of | Delegation for relations with the countries of Southeast Asia and the Association of Southeast Asian Nations (ASEAN) | 2007/03/14 | 2009/07/13 |
Contact
Online
- Homepage
- http://www.rapkay.de
- [javascript protected email address]
Brussels
- Phone
- +322 28 45593
- Fax
- +322 28 49593
- Office
- Bât. Altiero Spinelli 13G107
- Full Address
-
- City
- Bruxelles/Brussel
- Zip
- B-1047
- Street
- 60, rue Wiertz / Wiertzstraat 60
Strasbourg
- Phone
- +333 88 1 75593
- Fax
- +333 88 1 79593
- Office
- Bât. Louise Weiss T06013
- Full Address
-
- City
- Strasbourg
- Zip
- CS 91024 - F-67070
- Street
- 1, avenue du Président Robert Schuman
Postal
- Europäisches Parlament
- Rue Wiertz
- Altiero Spinelli 13G107
- B-1047 Brüssel
Rapporteur
| Shadow | 2013/0089(COD) | Trade marks: approximation of the laws of the Member States. Recast |
| Shadow | 2013/0088(COD) | European trade mark |
| Opinion | 2012/2253(INI) | 2013 review of the organisation and the functioning of the EEAS. Recommandation to the EEAS and the Council |
| Responsible | 2012/2240(IMM) | Request for the defence of parliamentary immunity of Gabriele Albertini |
| Responsible | 2012/2152(IMM) | Request for the waiver of parliamentary immunity of Martin Ehrenhauser |
| Responsible | 2011/2189(IMM) | Request for the defence of parliamentary immunity of Luigi de Magistris |
| Responsible | 2011/2162(IMM) | Request for the defence of parliamentary immunity of Viktor Uspaskich |
| Responsible | 2011/2099(IMM) | Request for the defence of parliamentary immunity of Viktor Uspaskich |
| Responsible | 2011/2098(IMM) | Request for the defence of parliamentary immunity of Luigi de Magistris |
| Responsible | 2011/2097(IMM) | Request for the defence of parliamentary immunity of Luigi de Magistris |
| Responsible | 2011/2076(IMM) | Request for the defence of parliamentary immunity of Luigi de Magistris |
| Responsible | 2011/2064(IMM) | Request for the defence of parliamentary immunity of Luigi de Magistris |
| Responsible | 2011/0093(COD) | Enhanced cooperation in the area of the creation of unitary patent protection: implementation |
| Responsible | 2010/2284(IMM) | Request for the waiver of parliamentary immunity of Bruno Gollnisch |
| Responsible | 2010/2122(IMM) | Request for the defence of parliamentary immunity of Luigi de Magistris |
| Responsible | 2010/2097(IMM) | Request for the defence of parliamentary immunity of Bruno Gollnisch |
| Responsible | 2010/2047(IMM) | Request for the defence of parliamentary immunity of Valdemar Tomaševski |
| Responsible | 2010/0220(NLE) | State aid to facilitate the closure of uncompetitive coal mines |
| Responsible | 2010/0171(COD) | EC Staff Regulations of officials and other servants: European External Action Service personnel policy; new terminology (amend.) |
| Responsible | 2009/2147(IMM) | Request for the waiver of parliamentary immunity of Viktor Uspaskich |
| Opinion | 2007/0249(COD) | Creation of the European Electronic Communications Market Authority ('Telecoms Package') |
| Opinion | 2007/0196(COD) | Energy: rules for the internal market in natural gas (repeal. Directive 2003/55/EC). Third Energy Package |
| Opinion | 2006/2134(INI) | Implementing the Community Lisbon programme: social services of general interest in the European Union |
| Responsible | 2006/2101(INI) | Services of general interest. White Paper |
| Responsible | 2002/0286(CNS) | Gas and electricity: VAT rules on the place of supply (amend. Directive 77/388/EEC) |
| Responsible | 2001/2269(COS) | Competition: state aid. 9th report |
| Opinion | 2001/0172(CNS) | Coal industry: State aid and security of energy supply |
| Opinion | 2001/0078(COD) | Energy: internal market in electricity, cross-border exchanges, access to network. 'Electricity Regulation' |
| Responsible | 2001/0077(COD) | Energy: rules for the internal market in electricity (repeal. Directive 96/92/EC). 'Electricity Directive' |
| Opinion | 2000/0115(COD) | Public procurement, service and works contracts: coordination of procedures for the award, classical directive |
| Responsible | 1999/2124(COS) | Competition policy. 28th report 1998 |
| Opinion | 1997/2183(COS) | Agenda 2000: the enlargement, EP position on Commission'opinions on applications for accession |
| Responsible | 1996/2018(COS) | Merger control, green paper (amend. regul. 4064/89/EEC) |
| Responsible | 1996/0224(CNS) | Control of concentrations between undertakings (amend. regul. 4064/89/EEC) |
| Responsible | 1994/2127(COS) | An industrial competitiveness policy for the European Union |
Born
1951/01/08 Ludwigsburg- Various jobs in adult education, public relations and project management.
- Various offices with the SPD (since 1975), including Chairman, Dortmund SPD (1991-1999). Member, Western Westphalia District Executive (1991-1999). Member, SPD Regional Executive, North Rhine-Westphalia; member, SPD Regional Presidium, North Rhine-Westphalia; Vice-Chairman, SPD Federal Party Council.
- Member of the European Parliament (since 1994). Chairman, SPD group, European Parliament.
Amendments
| Amendments | Dossier |
| 51 |
2009/0064(COD) Alternative Investment Fund Managers
2010/01/03
JURI
51 amendments...
Amendment 145 #
Proposal for a directive Article 17 – paragraph 5 – subparagraph 2 In case of any loss of financial instruments which the depositary safe-keeps, the depositary can only discharge itself of its liability if it can prove that the loss has been caused by an external event and was not foreseeable and that it could not have avoided the loss which has occurred.
Amendment 148 #
Proposal for a directive Article 17 – paragraph 5 – subparagraph 3 Liability to AIF investors may be invoked
Amendment 164 #
Proposal for a directive Article 19 – paragraph 2 – point c a (new) (ca) the information listed in Article 20, to the extent that it has changed during the financial year covered by the report.
Amendment 177 #
Proposal for a directive Article 20 – paragraph 1 – point h (h) a description of all fees, charges and expenses and of the maximum amounts thereof which are directly or indirectly borne by investors, together with a description of fees, charges and expenses paid in the last twelve months;
Amendment 182 #
Proposal for a directive Article 20 – paragraph 1 – point j a (new) (ja) a description of the past performance of the AIF from its inception to the most recent assessment;
Amendment 183 #
Proposal for a directive Article 20 – paragraph 1 – point j b (new) (jb) information on the identities of the AIFM shareholders or members, whether direct or indirect and whether natural or legal persons, that have qualifying holdings and an indication of the amounts of those holdings;
Amendment 184 #
Proposal for a directive Article 20 – paragraph 1 – point j c (new) (jc) information on the track record regarding AIF managed by the AIFM, including performance data on ongoing and wound up AIF, and, when the AIFM is a legal person, on the legal representatives, directors and key employees of the AIFM;
Amendment 185 #
Proposal for a directive Article 20 – paragraph 1 – point j d (new) (jd) a detailed description of the source, maturity and amount of funds raised by the AIF including the share directly or indirectly contributed by the AIFM managing the AIF, and its representatives, directors and employees.
Amendment 187 #
Proposal for a directive Article 20 – paragraph 2 – introductory wording 2. For each AIF an AIFM manages, it shall
Amendment 188 #
Proposal for a directive Article 20 – paragraph 2 – point a (a) on a periodic basis, the percentage of the AIF's assets which are subject to special arrangements arising from their illiquid nature;
Amendment 189 #
Proposal for a directive Article 20 – paragraph 2 – point b (b) on a periodic basis, any new arrangements for managing the liquidity of the AIF;
Amendment 190 #
Proposal for a directive Article 20 – paragraph 2 – point c (c)
Amendment 194 #
Proposal for a directive Article 21 – paragraph 1 – subparagraph 2 It shall provide
Amendment 196 #
Proposal for a directive Article 21 – paragraph 2 – point c (c) the actual risk profile of the AIF, including the level of leverage used, and the risk management tools employed by the AIFM to manage these risks;
Amendment 197 #
Proposal for a directive Article 21 – paragraph 2 – point e a (new) (ea) the structure of fees and the amounts paid to the AIFM;
Amendment 198 #
Proposal for a directive Article 21 – paragraph 2 – point e b (new) (eb) the list of investors;
Amendment 199 #
Proposal for a directive Article 21 – paragraph 2 – point e c (new) (ec) performance data of the AIF, including a valuation of assets.
Amendment 200 #
Proposal for a directive Article 21 – paragraph 2 – subparagraph 1 a (new) In exceptional circumstances and when required in order to ensure the stability and integrity of the financial system, or to promote long term sustainable growth, the competent authorities of the home Member State and the Commission may impose additional reporting requirements.
Amendment 203 #
Proposal for a directive Article 21 – paragraph 3 a (new) 3a. Each competent authority shall periodically disclose aggregate figures to the public on information received pursuant to paragraphs 1 and 2 above.
Amendment 204 #
Proposal for a directive Article 21 – paragraph 4 – subparagraph 1 4. The Commission shall adopt implementing measures further specifying the reporting obligations referred to in paragraphs 1, 2 and 3, which may be adapted and supplemented in the light of evolving financial techniques, and their frequency.
Amendment 207 #
Proposal for a directive Article 21 – paragraph 4 – subparagraph 2 The Commission shall also adopt implementing measures regarding the type of information made public pursuant to paragraph 3a. Those measures, designed to amend non-
Amendment 229 #
Proposal for a directive Article 26 – paragraph 1 – point a (a) AIFM managing one or more AIF which either individually or in aggregation acquires
Amendment 230 #
Proposal for a directive Article 26 – paragraph 1 – point b (b) AIFM
Amendment 239 #
Proposal for a directive Article 27 – title Notification of the acquisition of
Amendment 241 #
Proposal for a directive Article 27 – paragraph 1 – subparagraph 1 1. Member States shall ensure that
Amendment 243 #
Proposal for a directive Article 27 – paragraph 1 – subparagraph 2 This notification shall be made, as soon as possible, but not later than four trading days the first of which being the day on which the AIFM has
Amendment 246 #
Proposal for a directive Article 27 – paragraph 2 – point b (b) the conditions under which the
Amendment 251 #
Proposal for a directive Article 27 – paragraph 2 – point c a (new) (ca) the intentions of the AIFM regarding the further acquisition of voting rights, the acquisition of control, the extent of leverage used to finance the acquisition and the planned investment horizon of the acquisition.
Amendment 252 #
Proposal for a directive Article 27 – paragraph 2 – subparagraph 1 a (new) In the event of any material amendment to the information that has been notified, the AIFM shall notify the updated information pursuant to the procedure laid down in paragraph 1.
Amendment 258 #
Proposal for a directive Article 28 – paragraph 1 – subparagraph 1 1. In addition to Article 27, Member States shall ensure that where an AIFM, ac
Amendment 262 #
Proposal for a directive Article 28 – paragraph 1 – subparagraph 2 – introductory wording With
Amendment 263 #
Proposal for a directive Article 28 – paragraph 1 – subparagraph 2 – point a (a) the
Amendment 264 #
Proposal for a directive Article 28 – paragraph 1 – subparagraph 2 – point a a (new) (aa) planned significant divestments of assets;
Amendment 265 #
Proposal for a directive Article 28 – paragraph 1 – subparagraph 3 Amendment 271 #
Proposal for a directive Article 28 – paragraph 1 a (new) 1a. The information concerning the employee representatives or the employees pursuant to paragraph 1 shall be subject to Council Directive 2001/23/ECof 12 March 2001 on the approximation of the laws of the member States relating to the safeguarding of employee’s rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses1. _________________________________ 1 OJ L 82, 22.3.2001, p. 16.
Amendment 273 #
Proposal for a directive Article 28 – paragraph 2 – point a (a) the detailed content of the information provided under
Amendment 278 #
Proposal for a directive Article 29 – paragraph 2 – introductory wording 2. The AIF annual report shall include the following additional information for each issuer and non listed company in which
Amendment 281 #
Proposal for a directive Article 29 – paragraph 2 – subparagraph 1 – point a (a) with regard to operational and financial developments, presentation of revenue and earnings by business segment, statement on the progress of company's activities and financial affairs, assessment of expected progress on activities and financial affairs, report on significant events in the financial year, and details of the research and development effort;
Amendment 283 #
Proposal for a directive Article 29 – paragraph 2 – subparagraph 1 – point c (c) with regard to employee matters, turnover, terminations, recruitment
Amendment 284 #
Proposal for a directive Article 29 – paragraph 2 – subparagraph 1 – point d (d) statement on realised, ongoing or planned significant divestment of assets
Amendment 285 #
Proposal for a directive Article 29 – paragraph 2 –subparagraph 1 – point d a (new) (da) environmental policy;
Amendment 286 #
Proposal for a directive Article 29 – paragraph 2 – subparagraph 1 – point d b (new) (db) financing of the acquisition and plans for refinancing post-acquisition;
Amendment 287 #
Proposal for a directive Article 29 – paragraph 2 – subparagraph 1 – point d c (new) (dc) management compensation package;
Amendment 288 #
Proposal for a directive Article 29 – paragraph 2 – subparagraph 1 – point d d (new) (dd) acquisition and resale price;
Amendment 289 #
Proposal for a directive Article 29 – paragraph 2 – subparagraph 1 – point d e (new) (de) material changes to the locations of the issuer’s or private company’s places of business.
Amendment 291 #
Proposal for a directive Article 29 – paragraph 2 – subparagraph 2 In addition, the AIF annual report shall, for each issuer in which
Amendment 293 #
Proposal for a directive Article 29 – paragraph 2 – subparagraph 3 For each non-listed company in which
Amendment 294 #
Proposal for a directive Article 29 – paragraph 3 3. The AIFM shall, for each AIF it manages and for which it is subject to this section, provide the information referred to in paragraph 2 above to all representatives of employees of the company concerned as referred to in paragraph 1 of Article 26, to the competent authority of the AIFM and to the competent authority of the Member State where the issuer or the non-listed company is established, within the period referred to in Article 19(1).
Amendment 297 #
Proposal for a directive Article 29 a (new) Article 29a Specific provisions regarding value extraction 1. Where an AIFM which exercises a controlling influence within the meaning of Article 28 on an issuer or a non-listed company wishes to dispose of company assets in any material respect, the following principles shall be applicable: (a) the legal representative of both the issuer or non-listed company and the AIF shall issue a statement as to why the disposal is being implemented and certifying that the proposed disposal is, to his reasonable knowledge and belief, after due consideration, in the best interests of the issuer or non-listed company. The statement shall be reproduced in the annual report; (b) in the event that the proposed sale is connected to a repayment of the acquisition debt, the representatives of the employees of the issuer or non-listed company shall be informed and consulted; (c) in the event that the issuer or non- listed company becomes insolvent as a result of the disposal, the AIFM shall be held liable for any consequence arising therefrom. 2. Where an AIFM exercises a controlling influence within the meaning of Article 28 on an issuer or a non-listed company, the legal representative of the issuer or non-listed company shall be required to issue a statement in the annual report that all capital outflows (including management fees) are in the long-term interest of the issuer or non-listed company. 3. The Commission shall adopt implementing measures specifying the detailed content of the statements to be provided under paragraphs 1 and 2 and the conditions under which the liability of the AIFM may be invoked pursuant to paragraph 1. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).
Amendment 299 #
Proposal for a directive Article 29 b (new) Article 29 b Specific provisions regarding leverage of companies or issuers further to acquisition 1. In addition to the limitations laid down in Article 29a, an AIFM exercising a controlling influence within the meaning of Article 28 on an issuer or a non-listed company shall not increase the leverage used by such issuer or company in connection with a distribution paid to the AIF or to any subsidiary thereof by more than 20% as compared to the situation before the acquisition if, as a result of such increase, the leverage of such issuer or company exceeds 1.5 times the average of industry leverage applicable to that issuer or company, or the leverage of such issuer or company exceeds three times the value of its equity capital. 2. The Commission shall adopt implementing measures regarding leverage, distribution, average of industry leverage and process. Those measures shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).
Amendment 301 #
Proposal for a directive Article 29 c (new) Article 29c Specific provisions regarding a lock-in period 1. Where an AIFM exercises a controlling influence within the meaning of Article 28 on an issuer or a non-listed company through an AIF, such issuer or company shall not be entitled to distribute directly or indirectly to such AIF or any subsidiary thereof an amount in excess of 50% of the value of its initial investment regarding such issuer or company before the end of a period expiring either on the fifth anniversary of the completion of the investment or on the sale of its interest in such company or issuer, whichever is earlier. 2. The Commission shall adopt measures implementing paragraph 1. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).
source: PE-439.261
|
| 36 |
2009/2178(INI) Enforcement of intellectual property rights in the internal market
2010/02/03
JURI
36 amendments...
Amendment 4 #
Motion for a resolution Citation (new) – having regard to the European Convention for the Protection of Human rights and Fundamental Freedoms and having regard to the legally binding character of the Charter of Fundamental Rights,
Amendment 7 #
Motion for a resolution Recital A A. whereas
Amendment 10 #
Motion for a resolution Recital A b (new) Ab. whereas knowledge sharing and dissemination of innovation are strong traditions in the European Union; whereas access by the greatest possible number to technological progress and cultural products continues to be the foundation of education and development policy,
Amendment 14 #
Motion for a resolution Recital C C. whereas data concerning the scale of IPR infringements are inconsistent, incomplete, insufficient and dispersed, and therefore do not provide a basis for any additional criminal legislative initiatives,
Amendment 15 #
Motion for a resolution Recital E E. whereas the violation of IPR is a problem across the board which affects all sectors of industry and particularly the creative and innovative industries, and sport,
Amendment 17 #
Motion for a resolution Recital F F. whereas the
Amendment 20 #
Motion for a resolution Recital F a (new) Fa. whereas efforts to tackle on-line non- commercial file sharing have created a strong and prejudicial antagonism between the creative industries and their public, and it is therefore necessary to explore new ways of creating synergy between the rights of the public and the revenues of authors and creators,
Amendment 26 #
Motion for a resolution Recital G G. whereas, with the exception of legislation on penalties under the criminal law, a Community legal framework already exists with regard to the phenomenon of counterfeiting
Amendment 30 #
Motion for a resolution Recital H a (new) Ha. whereas the telecoms regulatory framework has recently been amended, rejecting proposals for so-called graduated response schemes at EU level, and instead includes provisions for standardised public interest notices which can address, among other things, copyright and infringement thereof without jeopardising data protection and privacy rights and stresses the need to respect fundamental rights in matters relating to Internet access,
Amendment 32 #
Motion for a resolution Recital J J. whereas there are proven connections between various forms of organised crime and IPR infringements, in particular counterfeiting
Amendment 41 #
Motion for a resolution Paragraph 1 a (new) 1a. Views as regrettable the fact that the Commission links the terms ‘piracy’ and ‘counterfeiting’ in its communication, thereby creating a legal grey area with regard to the offence being referred to;
Amendment 43 #
Motion for a resolution Paragraph 1 b (new) 1b. Wonders about the accuracy of the word ‘piracy’ as used to designate the non-commercial exchange of content on line, which leads to a de facto criminalisation of millions of European citizens, particularly young people;
Amendment 44 #
Motion for a resolution Paragraph 1 c (new) 1c. Urges the Commission to distinguish, in the above mentioned strategy between counterfeiting of goods, which is an obvious infringement of intellectual property rights and should be punished, and online file sharing, which should not be punished as long as it is of a non- commercial nature;
Amendment 45 #
Motion for a resolution Paragraph 1 d (new) 1d. Recalls that an exception to IPRs exists in the cultural area: the ‘private copy’; calls on the Commission to retain this exception and to adapt it to new technological progress and the internet; stresses the potential usefulness of authorising sharing between individuals of copies for non-commercial use and linking them to new mutualised forms of funding for creative endeavour;
Amendment 46 #
Motion for a resolution Paragraph 2 2. Calls on the Commission to
Amendment 49 #
Motion for a resolution Paragraph 2 a (new) 2a. Stresses that any measures taken to enforce IPR must respect the European Convention for the Protection of Human Rights and Fundamental Freedoms, including Article 10, Article 8, and Article 6, and be necessary, proportionate, and appropriate within a democratic society;
Amendment 54 #
Motion for a resolution Paragraph 4 4.
Amendment 57 #
Motion for a resolution Paragraph 5 5. Calls on the Commission to draw up the report on the application of Directive 2004/48/EC, including an assessment of the effectiveness of the measures taken, their compatibility with fundamental rights, as well as an evaluation of its impact on innovation and the development of the information society, in accordance with Article 18(1) of that Directive and, if necessary, to propose amendments; calls for that report also to include an assessment of the
Amendment 59 #
Motion for a resolution Paragraph 6 6.
Amendment 60 #
Motion for a resolution Paragraph 6 a (new) 6a. Calls on the Commission to ensure that the measures aimed at strengthening the application of intellectual property rights in the internal market do not impinge on the legitimate right to interoperability, this being essential to healthy competition on the digital works distribution market, inter alia for the authors and users of free software;
Amendment 66 #
Motion for a resolution Paragraph 8 b (new) 8b. Stresses the need to avoid creating new parallel bureaucratic structures for tasks that can be handled by existing institutions, such as Europol, forums for cooperation between customs authorities, and statistics-gathering bodies within the EU, in order to avoid duplication of effort;
Amendment 67 #
Motion for a resolution Paragraph 9 9.
Amendment 68 #
Motion for a resolution Paragraph 9 a (new) 9a. Urges the Commission to guarantee that the Observatory obeys EU rules in the field of privacy and data protection;
Amendment 75 #
Motion for a resolution Paragraph 13 13. Stresses the need to organise a campaign to raise awareness at European, national and local level of the risks to consumer health and safety arising from counterfeit products and also the adverse impact of counterfeiting
Amendment 87 #
Motion for a resolution Paragraph 16 16.
Amendment 89 #
Motion for a resolution Paragraph 17 Amendment 92 #
Motion for a resolution Paragraph 18 18. Stresses that a number of factors have allowed this phenomenon to develop, particularly technological advances and the lack of legitimate offers; recalls however that this phenomenon constitutes a violation of IPR to which appropriate, urgent solutions need to be found, geared to the sector concerned and in compliance with fundamental rights;
Amendment 94 #
Motion for a resolution Paragraph 19 19. Stresses that support for and development of the provision of a diversified, attractive, high-profile, legal range of goods and services for consumers
Amendment 99 #
Motion for a resolution Paragraph 20 20.
Amendment 101 #
Motion for a resolution Paragraph 20 a (new) 20a. Asks the Commission to recognize the non-commercial file sharing associated with alternative reward systems, including the creation of a new exception or limitation to the making available and reproduction rights;
Amendment 104 #
Motion for a resolution Paragraph 21 21. Calls on the Commission to think broadly about methods of facilitating industry’s access to the digital market without geographical borders by addressing urgently the issue of multi- territory licences where there is substantial demand from consumers, as well as an effective and transparent system for rights management,
Amendment 108 #
Motion for a resolution Paragraph 21 a (new) 21a. Invites the Commission to adopt an open-ended approach to the proposals that have emerged regarding the recognition of online file sharing by producing comprehensive data regarding the economic aspects of mutualised funding schemes for creation based on non-market exchanges of digital content (such as the ‘creative contribution’ or ‘Kulturflatrate’);
Amendment 116 #
Motion for a resolution Paragraph 24 24. Calls on the Commission to step up its cooperation with priority third countries with regard to intellectual property and
Amendment 119 #
Motion for a resolution Paragraph 25 25. Calls on the Commission to
Amendment 120 #
Motion for a resolution Paragraph 25 a (new) 25a. Reiterates its calls on the Commission to ensure that ACTA only concentrates on IPR enforcement measures and not on substantive IPR issues such as the scope of protection, limitations and exceptions, secondary liability or liability of intermediaries, and that ACTA is not used as a vehicle for modifying the existing European IPR enforcement framework;
Amendment 122 #
Motion for a resolution Paragraph 27 27. Stresses the importance of fighting organised crime in the area of IPRs, in particular counterfeiting
source: PE-439.233
|
| 42 |
2010/0171(COD) EC Staff Regulations of officials and other servants: European External Action Service personnel policy; new terminology (amend.)
2010/10/14
JURI
42 amendments...
Amendment 1 #
Proposal for a regulation – amending act Recital 1 (1) According to Article 27 of the Treaty on European Union, the High Representative of the Union for Foreign Affairs and Security Policy (the High Representative) is to be assisted by a European External Action Service (EEAS). This service is to work in cooperation with the diplomatic services of the Member States and is to comprise officials from relevant departments of the General Secretariat of the Council and of the Commission as well as staff seconded from national diplomatic services of the Member States. This service is to form part of the Union's open, efficient and independent European administration, as provided for in Article 298 of the Treaty on the Functioning of the European Union.
Amendment 2 #
Proposal for a regulation – amending act Recital 3 (3) The High Representative
Amendment 3 #
Proposal for a regulation – amending act Recital 3 a (new) (3a) Officials of the Union and temporary agents coming from the diplomatic services of the Member States should have the same rights and obligations and be treated equally, in particular as concerns their eligibility to assume all positions under equivalent conditions. No distinction should be made between temporary agents coming from national diplomatic services and officials of the Union as regards the assignment of duties to perform in all areas of activities and policies implemented by the EEAS.
Amendment 4 #
Proposal for a regulation – amending act Recital 4 (4) It is appropriate to clarify that staff of the EEAS who carry out tasks for the Commission as part of their duties should, in accordance with Article 221(2) of the Treaty on the Functioning of the European Union, follow instructions given by the Commission. Likewise, Commission officials working in Union delegations should follow instructions from the Head of Delegation
Amendment 5 #
Proposal for a regulation – amending act Recital 5 (5) For the avoidance of doubt, it should be confirmed that officials and temporary staff occupying a post in an organisational entity which is transferred from the General Secretariat of the Council or the Commission to the EEAS pursuant to the Council Decision
Amendment 6 #
Proposal for a regulation – amending act Recital 6 (6) Officials from
Amendment 7 #
Proposal for a regulation – amending act Recital 7 (7)
Amendment 8 #
Proposal for a regulation – amending act Recital 7 a (new) (7a) Until 30 June 2014, with regard to those officials from the General Secretariat of the Council or from the Commission who have been transferred to the EEAS at the start-up phase, it should be possible to transfer such EEAS officials without their post, in the interest of the service, from the EEAS to the Council or the Commission.
Amendment 9 #
Proposal for a regulation – amending act Recital 8 (8) In order to give effect to Article 27(3) of the Treaty on European Union, which identifies three sources of staff for the EEAS, it should be provided that until 30 June 2013 the EEAS will recruit exclusively officials originating from the General Secretariat of the Council and the Commission as well as staff from the diplomatic services of the Member States. During this period, it is necessary to ensure that staff from national diplomatic services, candidates from the General Secretariat of the Council and the Commission as well as internal candidates can apply for posts in the EEAS on an equal footing.
Amendment 10 #
Proposal for a regulation – amending act Recital 8 a (new) (8a) In addition, with a view to helping reach the target that staff from national diplomatic services should represent at least one third of all EEAS staff at AD level, it is necessary to provide for a temporary derogation until 30 June 2013 from Article 98(1) of the Staff Regulations enabling the High Representative to give priority for certain posts in function group AD in the EEAS to candidates from such national diplomatic services in the case of equivalent qualifications.
Amendment 11 #
Proposal for a regulation – amending act Recital 8 b (new) (8b) In order to ensure a proper balance amongst the different staff components of the EEAS and in accordance with the Council Decision establishing the organisation and functioning of the European External Action Service, when the EEAS has reached its full capacity, personnel from the diplomatic services of the Member States appointed as temporary agents should represent at least one third of all EEAS staff at AD level and Union officials should represent at least 60% of all EEAS staff at AD level. This should include staff coming from the diplomatic services of the Member States who have become permanent officials of the Union in accordance with the provisions of the Staff Regulations.
Amendment 12 #
Proposal for a regulation – amending act Recital 9 (9) Selected candidates
Amendment 13 #
Proposal for a regulation – amending act Recital 9 a (new) (9a) In accordance with Article 27 of the Staff Regulations and Articles 12(1), first subparagraph, and 82 of the Conditions of Employment of Other Servants, recruitment or engagement should be directed to securing for the EEAS the services of officials and temporary staff of the highest standard of ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nationals of Member States of the Union. This will apply to the EEAS as a whole and to its different staff components, including temporary staff referred to in Article 2(e) of the Conditions of Employment of Other Servants. In addition, the staff of the EEAS should comprise an appropriate and meaningful presence of nationals from all the Member States.
Amendment 14 #
Proposal for a regulation – amending act Recital 9 b (new) (9b) The High Representative will take appropriate measures, as provided in Article 1d(2) and (3) of the Staff Regulations, for promoting equal opportunities for the under-represented gender in certain function groups, more particularly in function group AD.
Amendment 15 #
Proposal for a regulation – amending act Recital 10 (10) In order to avoid unnecessary restrictions on the employment in the EEAS of staff from national diplomatic services, specific rules on the length of contracts should be adopted, together with a guarantee of reinstatement at the end of their period of service, in accordance with relevant provisions. For this particular category of temporary staff, the rules on secondment
Amendment 16 #
Proposal for a regulation – amending act Recital 11 (11) These specific rules should also be made applicable,
Amendment 17 #
Proposal for a regulation – amending act Recital 11 a (new) (11a) The EEAS may, in specific cases, have recourse to a limited number of specialised seconded national experts (SNEs), seconded with a view to their performing specific tasks, in particular related to crisis management or military functions, over whom the High Representative should have authority. Their secondment should not be counted in the one third of all EEAS staff at AD level which staff from Member States should represent when the EEAS reaches its full capacity.
Amendment 18 #
Proposal for a regulation – amending act Recital 12 (12) In order to ease the administrative burden of the EEAS, the Disciplinary Board established in the Commission should also serve as the Disciplinary Board for the EEAS, un
Amendment 19 #
Proposal for a regulation – amending act Recital 13 (13)
Amendment 20 #
Proposal for a regulation – amending act Recital 19 (19) This Regulation should enter into force at the earliest possible date, since the
Amendment 21 #
Proposal for a regulation – amending act Article 1 – point 6 Staff Regulations of Officials of the European Communities Article 1b – point a '(a) the European External Action Service
Amendment 22 #
Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIIIa – Article 95 – paragraph 1 1. The powers conferred by these Staff Regulations on the Appointing Authority shall be exercised by the High Representative of the Union for Foreign Affairs and Security Policy
Amendment 23 #
Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIIIa – Article 95 – paragraph 2 2.
Amendment 24 #
Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIIIa – Article 95 – paragraph 3 – subparagraph 1 3. In respect of
Amendment 25 #
Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIIIa – Article 96 Notwithstanding Article 11, a Commission official working in a Union delegation shall take instructions from the Head of Delegation
Amendment 26 #
Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIIIa – Article 97 Un
Amendment 27 #
Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIIIa – Article 98 – paragraph 1 – subparagraph 1 1. For the purposes of Article 29(1)(a)
Amendment 28 #
Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIIIa – Article 98 – paragraph 1 – subparagraph 2 Amendment 29 #
Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIIIa – Article 98 – paragraph 2 2. For the purposes of Article 29(1)(a) and without prejudice to Article 97, the Appointing Authority of institutions other than the EEAS shall, when filling a vacant post
Amendment 30 #
Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIIIa – Article 99 – paragraph 1 – subparagraph 1 1. Un
Amendment 31 #
Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIIIa – Article 99 – paragraph 2 2.
Amendment 32 #
Proposal for a regulation – amending act Article 2 – point 10 Conditions of Employment of Other Servants of the European Communities Chapter 10 – Article 50 b – paragraph 2 2. They may be engaged for a maximum period of four years. Contracts may be renewed
Amendment 33 #
Proposal for a regulation – amending act Article 2 – point 10 Conditions of Employment of Other Servants of the European Communities Chapter 10 – Article 50 b – paragraph 2 a (new) 2a. The Member States shall support the Union in the enforcement of any liability under Article 22 of the Staff Regulations of EEAS temporary agents referred to in Article 2(e) of these Conditions of Employment.
Amendment 34 #
Proposal for a regulation – amending act Article 2 – point 10 Conditions of Employment of Other Servants of the European Communities Chapter 10 – Article 50 c – paragraph 2 Amendment 35 #
Proposal for a regulation – amending act Article 2 – point 13 Conditions of Employment of Other Servants of the European Communities Article 121 As regards social security, the institution shall be responsible for the employer's share of the social security contributions under current regulations in the place where the servant is to perform his duties, unless the seat agreement provides otherwise. The institution
Amendment 36 #
Proposal for a regulation – amending act Article 3 – paragraph 1 1. Officials and temporary staff occupying a post in an organisational entity which is transferred from the General Secretariat of the Council or the Commission to the European External Action Service (EEAS) pursuant to the Council Decision adopted in accordance with Article 27(3) of the Treaty on European Union shall be deemed to be transferred to the EEAS from the relevant institutions at the date fixed in that Decision. This shall a
Amendment 37 #
Proposal for a regulation – amending act Article 3 – paragraph 2 2.
Amendment 38 #
Proposal for a regulation – amending act Article 3 – paragraph 2 a (new) (2a) Until 30 June 2013 and by way of derogation from Article 7 of the Staff Regulations, officials and other servants of the General Secretariat of the Council or of the Commission exercising technical support functions for the EEAS may, after having been heard, be transferred to the EEAS by common agreement of the institutions concerned, in full respect of the prerogatives of the budgetary authority. This transfer shall take effect on the date determined in the relevant budgetary decision providing for the corresponding posts and appropriations in the EEAS.
Amendment 39 #
Proposal for a regulation – amending act Article 3 – paragraph 2 b (new) (2b) In accordance with Article 27 of the Staff Regulations and Articles 12(1), first subparagraph, and 82 of the Conditions of Employment of Other Servants, recruitment or engagement shall be directed to securing for the EEAS the services of officials and temporary staff of the highest standard of ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nationals of Member States of the Union. This shall apply to the EEAS as a whole and to its different staff components, including temporary staff referred to in Article 2(e) of the Conditions of Employment of Other Servants. In addition, the staff of the EEAS shall comprise an appropriate and meaningful presence of nationals from all the Member States1. ____________________ 1 Statement from the High Representative on geographical balance in the EEAS: "The High Representative attaches the highest importance to the recruitment on the broadest possible geographical basis from among the nationals of the Member States of the Union, as well as to ensuring an appropriate and meaningful presence of nationals from all Member States in the Service. The EEAS should profit fully from the diversity and wealth of experience and expertise developed in the various Foreign Services in the Union. The High Representative will use all the possibilities offered in the application of the EEAS appointment procedure to achieve these objectives. She will dedicate a section on the issue in her yearly report on the occupation of posts in the EEAS."
Amendment 40 #
Proposal for a regulation – amending act Article 3 – paragraph 2 c (new) (2c) In accordance with Article 1d(2) and (3) of the Staff Regulations, the High Representative shall take appropriate measures for promoting equal opportunities for the under-represented gender in certain function groups, more particularly in function group AD1. ____________________ 1 Statement from the High Representative on gender balance in the EEAS: "The High Representative attaches the highest importance to the promotion of gender balance in the staffing of the EEAS. A key to the promotion of gender balance is the encouragement of applications from women for posts in the EEAS and the removal of barriers in this respect. On the basis of the experience of the appointment procedure for the 2010 rotation of Heads of Delegation, the EEAS will examine how to take the often non-linear patterns of female application better into account in future appointment procedures and how to remove other possible obstacles. The High Representative will also identify best practices from national diplomatic services and apply them whenever possible to the EEAS. The High Representative will make full use of all the possibilities offered by Articles 1d(2) and (3) of the Staff Regulation in promoting the employment of women in the Service. The High Representative will dedicate a section on the issue of gender balance in her yearly report on the occupation of posts in the EEAS."
Amendment 41 #
Proposal for a regulation – amending act Article 3 – paragraph 3 3. In order to guarantee adequate representation of staff from national diplomatic services in the EEAS, the High Representative
Amendment 42 #
Proposal for a regulation – amending act Article 3 a (new) Article 3a By mid-2013, the High Representative shall submit a report to the European Parliament, the Council and the Commission on the implementation of this Regulation, with a particular emphasis on gender and geographical balance of staff within the EEAS.
source: PE-449.013
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2010/0207(COD) Deposit Guarantee Schemes. Recast
2011/02/21
JURI
5 amendments...
Amendment 7 #
Proposal for a directive Recital 26 a (new) (26a) Since, however, the infrastructure necessary for a short payout delay of one week is not yet in place, a four-week payout delay should apply for a transitional period up to 1 January 2017, thereby ensuring that depositor confidence is not seriously and permanently undermined by failure to respect the deadline thus detracting from the stabilising effect of deposit guarantee schemes. The one-week payout delay should become binding from 1 January 2017. However, in order to ensure that, during this transitional period, depositors do not find themselves in financial difficulties should their credit institute fail and ensure legal certainty for depositors and credit institutes, a rapid payout of up to € 5 000 within one week should be guaranteed by Deposit Guarantee Schemes during the transitional period also.
Amendment 9 #
Proposal for a directive Article 5 – paragraph 2 – introductory part (2) Member States shall ensure that
Amendment 10 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 1 Deposit Guarantee Schemes shall be in a position to repay unavailable deposits within
Amendment 18 #
Proposal for a directive Article 10 – paragraph 1 – subparagraph 1 – introductory part Amendment 21 #
Proposal for a directive Article 18 – paragraph 1 (1) The European Parliament and the Council may object to the delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by
source: PE-458.826
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2010/2021(INI) Power of legislative delegation
2010/11/03
JURI
5 amendments...
Amendment 5 #
Motion for a resolution Paragraph 2 2. Stresses that Article 290 TFEU gives the Legislator the freedom to choose which control mechanism(s) to put in place;
Amendment 9 #
Motion for a resolution Paragraph 3 3. Takes the view
Amendment 15 #
Motion for a resolution Paragraph 8 8. Maintains that the duration of a delegation cannot be indefinite; is of the opinion, however, that a delegation of a limited duration could provide for the possibility of periodic renewal; considers that a basic act can provide that such periodical renewal take place
Amendment 24 #
Motion for a resolution Paragraph 11 a (new) (11a) Stresses that experts are involved in preparatory work for the adoption of delegated acts solely in an advisory capacity; also stresses that Parliament should be informed by the Commission about any such work and, if the Commission does not plan to consult national experts, can oblige it to do so;
Amendment 29 #
Motion for a resolution Paragraph 16 a (new) (16a) Requires Parliament's Administration to reallocate resources as a (budget-neutral) means of providing the posts needed to deliver appropriate support for the performance of tasks connected with Article 290 TFEU;
source: PE-439.855
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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 26 #
Motion for a resolution Paragraph 9a (new) 9a. Points out that the Network of the Presidents of the Supreme Judicial Courts, the European Network of the Councils for the Judiciary, the Association of the Councils of State and Supreme Administrative Jurisdictions and the Eurojustice network of European Prosecutors-General, court officers and legal practitioners have a huge amount to offer by coordinating and promoting professional training for the judiciary and mutual understanding of other Member States’ legal systems and making it easier to resolve cross-border disputes and problems, and their activities must be facilitated and receive sufficient funding; this must lead to a fully-funded plan for European judicial training drawn up in liaison with the above-mentioned judicial networks, avoiding unnecessary duplication of programmes and structures and leading to the creation of a European Judicial Academy composed of the European Judicial Training Network and the Academy of European Law;
source: PE-445.987
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| 33 |
2011/0093(COD) Enhanced cooperation in the area of the creation of unitary patent protection: implementation
2011/08/12
JURI
33 amendments...
Amendment 1 #
Proposal for a regulation Recital 7 (7) The creation of unitary patent protection should be achieved by giving unitary effect to European patents in the post-grant phase by virtue of this Regulation and in respect of all the participating Member States. The main feature of European patents with unitary effect should be their unitary character, i.e. providing uniform protection and having equal effect in all participating Member States. Consequently, a European patent with unitary effect should only be limited,
Amendment 2 #
Proposal for a regulation Recital 9 a (new) (9a) The matter of compulsory licences is not covered by this Regulation. Compulsory licences for European patents with unitary effect should be governed by the national legislations of the participating Member States on their respective territories.
Amendment 3 #
Proposal for a regulation Recital 11 a (new) (11a) The regime applicable to damages should be governed by the law of the participating Member States, in particular the provisions implementing Article 13 of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights.
Amendment 4 #
Proposal for a regulation Recital 15 a (new) (15a) In the framework of the Select Committee, the participating Member States should ensure the governance and supervision of the activities related to the tasks entrusted to the European Patent Office by the participating Member States, ensure that requests for unitary effect are filed with the European Patent Office within one month of the date of the publication of the mention of the grant in the European Patent Bulletin and ensure that they are submitted in the language of the proceedings before the European Patent Office together with the translation prescribed for, during a transitional period, by Council Regulation…/… [translation arrangements]. The participating Member States should also ensure the setting, in accordance with the voting arrangements in Article 35(2) of the EPC, of the level of the renewal fees and the share of the distribution of the renewal fees in accordance with the criteria set out in this Regulation.
Amendment 5 #
Proposal for a regulation Recital 16 (16) Patent proprietors should pay one common annual renewal fee for European patents with unitary effect. Renewal fees should be progressive throughout the term of the patent protection and, together with the fees to be paid to the European Patent Organisation during the pre-grant stage, should cover all costs associated with the grant of the European patent and the administration of the unitary patent protection. The level of the renewal fees should be fixed with the aim of facilitating innovation and fostering the competitiveness of European businesses taking into account the situation of specific entities such as small and medium-sized enterprises for example in the form of lower fees. It should also reflect the size of the market covered by the patent and be similar to the level of the national renewal fees for an average European patent taking effect in the participating Member States at the time where the level of the renewal fees is first fixed
Amendment 6 #
Proposal for a regulation Recital 18 (18) Renewal fees should be paid to the European Patent Organisation.
Amendment 7 #
Proposal for a regulation Recital 21 a (new) (21a) The jurisdiction for European patents with unitary effect should be established and governed by an instrument setting up a unified patent litigation system for European patents and European patents with unitary effect.
Amendment 8 #
Proposal for a regulation Recital 21 b (new) (21b) In order to ensure the proper functioning of the European patent with unitary effect, the consistency of the case- law and hence legal certainty, and the cost effectiveness for patent holders, the establishment of a Unified Patent Court to hear cases concerning the European patent with unitary effect is essential. It is therefore of paramount importance that the participating Member States ratify the Agreement on a Unified Patent Court in accordance with their national constitutional and parliamentary procedures and take the necessary steps for that Court to be operational as soon as possible.
Amendment 9 #
Proposal for a regulation Article 3 – paragraph 1 – subparagraph 1 European patents granted with
Amendment 10 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 2 Amendment 11 #
Proposal for a regulation Article 4 – paragraph 2 2. The participating Member States shall take the necessary measures to ensure that, where the unitary effect of a European patent has been registered and extends to their territory, the European patent is deemed not to have taken effect as a national patent in their territory on the date of the publication of the mention of the grant in the European Patent Bulletin.
Amendment 12 #
Proposal for a regulation Article 6 – point b (b) using a process which is the subject matter of the patent or, where the third party knows, or should have known, that the use of the process is prohibited without the consent of the proprietor of the patent, from offering the process for use within the territory of the participating Member States in which that patent has unitary effect;
Amendment 13 #
Proposal for a regulation Article 7 – paragraph 1 1. The European patent with unitary effect shall confer on its proprietor the right to prevent any third party not having the proprietor's consent from supplying or offering to supply, within the participating Member States
Amendment 14 #
Proposal for a regulation Article 8 – point e (e) the use on board vessels of countries other than participating Member States in which that patent has unitary effect of the patented invention, in the body of the vessel, in the machinery, tackle, gear and other accessories, when such vessels temporarily or accidentally enter the waters of participating Member States in which that patent has unitary effect, provided that the invention is used there exclusively for the needs of the vessel;
Amendment 15 #
Proposal for a regulation Article 8 – point f (f) the use of the patented invention in the construction or operation of aircraft or land vehicles or other means of transport of States other than participating Member States in which that patent has unitary effect, or of accessories to such aircraft or land vehicles, when these temporarily or accidentally enter the territory of the participating Member States in which that patent has unitary effect;
Amendment 16 #
Proposal for a regulation Article 8 – point g (g) the acts specified in Article 27 of the Convention on International Civil Aviation of 7 December 1944, where these acts concern the aircraft of a country other than a participating Member State in which that patent has unitary effect;
Amendment 17 #
Proposal for a regulation Article 9 The rights conferred by a European patent with unitary effect shall not extend to acts concerning the product covered by that patent which are carried out within the territories of the participating Member States in which that patent has unitary effect after that product has been put on the market in the Union by the proprietor of the patent or with his/her consent, unless there are legitimate grounds for the proprietor to oppose further commercialisation of the product.
Amendment 18 #
Proposal for a regulation Article 10 – paragraph 1 – introductory wording 1. A European patent with unitary effect as an object of property shall be treated in its entirety and in all the participating Member States as a national patent of the participating Member State in which that patent has unitary effect in which, according to the European Patent Register:
Amendment 19 #
Proposal for a regulation Article 10 – paragraph 3 3. Where no proprietor has his/her residence, principal place of business or
Amendment 20 #
Proposal for a regulation Article 12 – title Amendment 21 #
Proposal for a regulation Article 12 – paragraph 1 – subparagraph 1 – point e (e) the collection and administration of renewal fees for European patents with unitary effect, in respect of the years following the year in which the
Amendment 22 #
Proposal for a regulation Article 12 – paragraph 1 – subparagraph 1 – point f a (new) (fa) ensuring that requests by the patent proprietor for unitary effect for a European patent are submitted in the language of the proceedings as defined in Article 14(3) of the EPC no later than one month after the mention of the grant is published in the European Patent Bulletin;
Amendment 23 #
Proposal for a regulation Article 12 – paragraph 1 – subparagraph 1 – point f b (new) (fb) ensuring that the unitary effect is indicated in the Register for unitary patent protection, where a request for unitary effect has been filed and, during the transitional period provided for in Article 6 of Council Regulation …/… [translation arrangements], has been submitted together with the translations referred to in that Article and that the European Patent Office is informed of any limitations, licenses, transfers and revocations of European patents with unitary effect.
Amendment 24 #
Proposal for a regulation Article 12 – paragraph 1 – subparagraph 2 Amendment 25 #
Proposal for a regulation Article 12 – paragraph 1 – subparagraph 3 Amendment 26 #
Proposal for a regulation Article 12 – paragraph 2 2. Member States shall ensure compliance with the provisions of this Regulation in implementing their international obligations undertaken in the EPC and shall cooperate amongst themselves to that end. In their capacity as Contracting States to the EPC, the participating Member States shall ensure the governance and supervision of the activities related to the tasks referred to in paragraph 1 by the European Patent Office
Amendment 27 #
Proposal for a regulation Article 12 – paragraph 3 3. The participating Member States shall ensure effective legal protection before a
Amendment 28 #
Proposal for a regulation Article 15 – paragraph 2 – introductory wording 2. The level of the renewal fees, shall be fixed, taking into account, among others, the situation of specific entities such as small and medium-sized enterprises, with the aim of
Amendment 29 #
Proposal for a regulation Article 15 – paragraph 3 – introductory wording 3. In order to reach these objectives set out in this Chapter,
Amendment 30 #
Proposal for a regulation Article 16 – paragraph 1 1. The
Amendment 31 #
Proposal for a regulation Article 21 1. The participating Member States shall notify the Commission of the measures adopted in accordance with Article
Amendment 32 #
Proposal for a regulation Article 22 – paragraph 2 2. It shall apply from
Amendment 33 #
Proposal for a regulation Article 22 – paragraph 4 4a. Unitary patent protection may be requested for any European patent granted on or after the date set out in the first subparagraph of paragraph 2.
source: PE-478.394
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| 36 |
2011/0359(COD) Statutory audit of public-interest entities: specific requirements
2012/09/11
JURI
36 amendments...
Amendment 246 #
Proposal for a regulation Article 2 – paragraph 1 – point b a (new) (ba) Member States may exempt public interest entities which have not issued transferable securities admitted to trading on a regulated market within the meaning of point 14 of Article 4(1) of Directive 2004/39/EC and their statutory auditor(s) or audit firm(s) from one or more of the requirements of this regulation.
Amendment 252 #
Proposal for a regulation Article 5 – paragraph 1 a (new) (1a) Where a cooperative within the meaning of Article 2(14) of Directive 2006/43/EC, a savings bank or a similar entity as referred to in Article 45 of Directive 86/635/EEC, a subsidiary or a legal successor of a cooperative, a savings bank or a similar entity as referred to in Article 45 of Directive 86/635/EEC is required or permitted under national provisions to be a member of a non-profit- making auditing entity, an objective, reasonable and informed party would not conclude that the membership-based relationship compromises the statutory auditor's independence, provided that when such an auditing entity is conducting a statutory audit of one of its members, the principles of independence laid down in this Chapter are applied to the auditors carrying out the audit and those persons who may be in a position to exert influence on the statutory audit.
Amendment 276 #
Proposal for a regulation Article 9 – paragraph 3 a (new) 3a. Where Article 37 (2) of Directive 2006/43/EC applies paragraph 2 and 3 of this Article shall not apply.
Amendment 416 #
Proposal for a regulation Article 11 – paragraph 4 – subparagraph 1 – point a (a) confirm annually in writing to the
Amendment 417 #
Proposal for a regulation Article 11 – paragraph 4 – subparagraph 1 – point b (b) confirm annually in writing to the
Amendment 418 #
Proposal for a regulation Article 11 – paragraph 4 – subparagraph 1 – point c (c) request permission from the
Amendment 421 #
Proposal for a regulation Article 11 – paragraph 4 – subparagraph 1 – point e (e) discuss with the
Amendment 459 #
Proposal for a regulation Article 23 – title Additional report to the
Amendment 461 #
Proposal for a regulation Article 23 – paragraph 1 – subparagraph 1 The statutory auditor(s) or the audit firm(s) carrying out statutory audit of public- interest entities shall submit an additional report to the
Amendment 464 #
Proposal for a regulation Article 23 – paragraph 1 – subparagraph 2 Amendment 465 #
Proposal for a regulation Article 23 – paragraph 1 – subparagraph 3 The
Amendment 467 #
Proposal for a regulation Article 23 – paragraph 1 – subparagraph 4 The additional report shall be disclosed to the general meeting of the audited entity if the
Amendment 468 #
Proposal for a regulation Article 23 – paragraph 1 – subparagraph 4 The additional report shall be disclosed to the general meeting of the audited entity if the
Amendment 469 #
Proposal for a regulation Article 23 – paragraph 2 – introductory part 2. The additional report to the
Amendment 472 #
Proposal for a regulation Article 23 – paragraph 2 – point b (b) identify the dates of the meetings with the audit committee
Amendment 473 #
Proposal for a regulation Article 23 – paragraph 2 – point c (c) identify the dates of the meetings, if any, with the management
Amendment 479 #
Proposal for a regulation Article 23 – paragraph 2 – point h (h) indicate and explain in detail all instances of non-compliance, including non-material instances as far as it is considered to be important to the
Amendment 486 #
Proposal for a regulation Article 23 – paragraph 3 3. In case of disagreement between the appointed statutory auditors or audit firms on auditing procedures, accounting rules or any other issue regarding the conduct of the statutory audit, the reasons for such disagreement shall be explained in the additional report to the
Amendment 487 #
Proposal for a regulation Article 23 – paragraph 4 4. The additional report to the
Amendment 488 #
Proposal for a regulation Article 23 – paragraph 5 Amendment 491 #
Proposal for a regulation Article 24 – title Oversight of the statutory audit by the
Amendment 494 #
Proposal for a regulation Article 24 – paragraph 1 The
Amendment 497 #
Proposal for a regulation Article 24 – paragraph 2 The statutory auditor(s) or audit firm(s) shall report to the
Amendment 499 #
Proposal for a regulation Article 24 – paragraph 4 Amendment 518 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 3 Amendment 519 #
Proposal for a regulation Article 31 – paragraph 1 – subparagraph 3 a (new) The responsibilities of the audit committee shall include discussing the statutory audit and the outcome thereof in such a way that its members can form their own judgment concerning the quality of that audit.
Amendment 527 #
Proposal for a regulation Article 31 – paragraph 5 – point f (f) authorise, on a case by case basis, preparation of a decision by the supervisory or administrative body on the provision by the statutory auditor or audit firm of the services referred to in Article 10(3)(b)(i) and (ii) of this Regulation to the audited entity.
Amendment 530 #
Proposal for a regulation Article 32 – paragraph 1 – subparagraph 1 For the purposes of the application of Article 37 (1) of Directive 2006/43/EC, for the appointment of statutory auditors or audit firms by public-interest entities, the conditions set out in paragraphs 2 to
Amendment 531 #
Proposal for a regulation Article 32 – paragraph 1 – subparagraph 2 Where Article 37(2) of Directive 2006/43/EC applies, the public-interest entity shall only inform the competent authority of the use of the alternative systems or modalities referred to in that Article; in this case paragraphs 2 to 6 of this Article shall not apply.
Amendment 556 #
Proposal for a regulation Article 32 – paragraph 7 a (new) 7a. After the statutory auditor has been selected by the general meeting of members or shareholders, the non- executive members of the administrative body or the supervisory body, in consultation with the entity’s audit committee, shall issue the audit assignment.
Amendment 563 #
Proposal for a regulation Article 33 – paragraph 1 – subparagraph 2 Amendment 574 #
Proposal for a regulation Article 33 – paragraph 1 – subparagraph 3 Amendment 586 #
Proposal for a regulation Article 33 – paragraph 1 – subparagraph 4 Amendment 596 #
Proposal for a regulation Article 33 – paragraph 1 – subparagraph 4 a (new) Prior to reappointment, the entity’s supervisory or administrative body, in consultation with the audit committee, shall consider whether the statutory auditor's performance has met statutory requirements and whether reappointment should be recommended. The entity’s supervisory or administrative body shall disclose its assessment criteria.
Amendment 598 #
Proposal for a regulation Article 33 – paragraph 1 a (new) 1 a. For the purposes of the application of Article 37 (1) of Directive 2006/43/EC, for the appointment of statutory auditors or audit firms by public-interest entities, the conditions set out in paragraphs 2 to 7 shall apply. Where Article 37 (2) of Directive 2006/43/EC applies paragraphs 2 to 4 of this Article shall not apply.
Amendment 605 #
Proposal for a regulation Article 33 – paragraph 2 2.
source: PE-500.424
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| 9 |
2011/0389(COD) Statutory audits of annual accounts and consolidated accounts
2012/11/14
JURI
9 amendments...
Amendment 80 #
Proposal for a directive Article 1 – point 6 – point b Directive 2006/43/EC Article 8 – paragraph 3 Amendment 98 #
Proposal for a directive Article 1 – point 11 – point c Directive 2006/43/EC Article 22 – paragraph 4 Amendment 109 #
Proposal for a directive Article 1 – point 12 Directive 2006/43/EC Article 26 – paragraph 3 Amendment 118 #
Proposal for a directive Article 1 – point 14 – point b Directive 2006/43/EC Article 29 – paragraph 2 Amendment 159 #
Proposal for a directive Article 1 – point 21 – point d Directive 2006/43/EC Article 45 – paragraph 6 – subparagraph 2 Amendment 160 #
Proposal for a directive Article 1 – point 22 Directive 2006/43/EC Article 46 – paragraph 2 – subparagraph 2 Amendment 163 #
Proposal for a directive Article 1 – point 23 – point b Directive 2006/43/EC Article 47 – paragraph 3 – subparagraph 2 Amendment 164 #
Proposal for a directive Article 1 – point 23 – point c Directive 2006/43/EC Article 47 – paragraph 5 Amendment 172 #
Proposal for a directive Article 1 – point 25 Directive 2006/43/EC Article 48 a – paragraph 5 5. A delegated act adopted pursuant to Articles 8(3), 22(4), 26(3), 29(2), 36(7), 45(6), 46(2), 47(3) and 47(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of
source: PE-500.423
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| 24 |
2011/2013(INI) Policy options for progress towards a European contract law for consumers and businesses
2011/04/03
JURI
24 amendments...
Amendment 9 #
Motion for a resolution Recital D a (new) Amendment 11 #
Motion for a resolution Recital E E. whereas it is clear that the application of foreign (consumer) law to cross-border transactions under the Rome-I Regulation
Amendment 14 #
Motion for a resolution Recital E a (new) Ea. whereas this needs verifying in the light of the application of Article 6(2) and Article 4(1), point (a) of the Rome-I Regulation, which allows businesses to apply their national law, bearing in mind that Rome I has only been applied since December 2009;
Amendment 18 #
Motion for a resolution Recital F F. whereas such transaction costs are perceived as
Amendment 19 #
Motion for a resolution Recital F a (new) Amendment 20 #
Motion for a resolution Recital F b (new) Fb. whereas it is of paramount importance that any initiative from the EU will have to answer real needs and concerns of both businesses and consumers; whereas these concerns also extend to legal/linguistic problems (provisions of standard terms and conditions for small businesses in all EU languages) and the difficulties in enforcing contracts across borders (provisions of autonomous EU measures in the field of procedural law);
Amendment 22 #
Motion for a resolution Recital G G. whereas
Amendment 31 #
Motion for a resolution Recital H H. whereas any steps taken in the area of European contract law must be co
Amendment 33 #
Motion for a resolution Paragraph 1 1. Looks forward to the publication of the Expert Group's results in order to clarify the scope and the con
Amendment 36 #
Motion for a resolution Paragraph 2 2. Favours the option 4 of setting up an optional instrument (OI) by means of a regulation after clarification of the legal basis; believes that such an OI could be complemented by a ‘toolbox’ that should be endorsed by means of an interinstitutional agreement;
Amendment 44 #
Motion for a resolution Paragraph 2 a (new) 2a. Calls on the Commission to clarify the contents of the toolbox and to consider complementing the OI by "model contract terms and conditions" for small businesses, translated into all languages; further calls on the Commission to expand the range of autonomous cross- border procedural instruments so as to facilitate the enforcement of cross-border transactions;
Amendment 63 #
Motion for a resolution Paragraph 5 5. Sees a
Amendment 66 #
Motion for a resolution Paragraph 5 a (new) 5a. Calls on the Commission to clarify the advantages of such an instrument for both consumers and businesses;
Amendment 67 #
Motion for a resolution Paragraph 5 b (new) 5b. Is concerned about the confusion the additional set of rules would create for SMEs, but, in particular, for consumers, bearing in mind that in order to enforce their rights consumers have to be aware of them;
Amendment 68 #
Motion for a resolution Paragraph 5 c (new) 5c. Insists that the legislation creating the OI be adopted under the ordinary legislative procedure and that the optional instrument itself be subject to scrutiny and amendment under that procedure;
Amendment 75 #
Motion for a resolution Paragraph 6 6. Believes that both business-to-business and business-to-consumer contracts should be covered; emphasises that the level of consumer protection would need to be high
Amendment 83 #
Motion for a resolution Paragraph 7 7.
Amendment 94 #
Motion for a resolution Paragraph 9 a (new) 9a. Calls on the Commission and the Expert Group to clarify what is to be considered as "core contractual law issues";
Amendment 98 #
Motion for a resolution Paragraph 10 10. Sees benefits in an OI containing specific provisions for the most frequent types of contract, in particular for the sale of goods and provision of services; reiterates its earlier call to include insurance contracts within the scope of the OI, believing that such an instrument could be particularly useful for small-scale insurance contracts; points out that some specific issues in connection with which an OI might be beneficial have been raised, such as digital rights and beneficial ownership; considers that, on the other hand, there might be a need to exclude certain types of complex public law contracts; in any case believes that the scope of the OI should be limited in the first instance;
Amendment 101 #
Motion for a resolution Paragraph 10 a (new) 10a. Believes that the OI should be coherent with the existing acquis in contract law;
Amendment 103 #
Motion for a resolution Paragraph 11 11.
Amendment 115 #
Motion for a resolution Paragraph 13 13. Recalls that further work on cross- border alternative dispute resolution (ADR), which is speedy and cost-effective in particular for SMEs and consumers, remains a priority, but emphasises that, if the parties use one body of law provided by an OI, ADR will be further facilitated; calls on the Commission to consider synergies when putting forward a proposal;
Amendment 121 #
Motion for a resolution Paragraph 15 15. Notes concerns that consumers seldom feel they have a choice with regard to contract terms and are confronted with a ‘take it or leave it’ situation; strongly believes that an attractive OI, by opening up business opportunities and strengthening competition, will actually broaden the overall choice available to consumers while ensuring a high level of protection; wishes however for an explanation as to how this high level of protection can be achievable and as to how, at the same time, it would be possible to make the OI attractive to business;
Amendment 125 #
Motion for a resolution Paragraph 16 16. Emphasises the vital importance of involving stakeholders from throughout the Union and from different sectors of activity, including legal practitioners and recalls the Commission to undertake a wide and transparent consultation with all the stakeholders before it takes a decision based on the results of the Expert Group;
source: PE-460.697
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| 21 |
2011/2089(INI) Towards a coherent European approach to collective redress
2011/09/22
JURI
21 amendments...
Amendment 6 #
Motion for a resolution Recital B a (new) Ba. whereas the benefits of the ADR method are undisputed, fair access to justice should remain available to all EU citizens,
Amendment 7 #
Motion for a resolution Recital B b (new) Bb. whereas, according to the Flash Eurobarometer on "Consumer attitudes towards cross-border trade and consumer protection" of March 2011, 79% of European consumers state that they would be more willing to defend their rights in court if they could join a collective action,
Amendment 8 #
Motion for a resolution Recital C C. whereas national and European authorities play a pivotal role in the enforcement of EU law, and private enforcement
Amendment 10 #
Motion for a resolution Paragraph 2 2. Notes the efforts made by the US Supreme Court to limit frivolous litigation and the abuse of the US class action system
Amendment 12 #
Motion for a resolution Paragraph 3 3. Welcomes the efforts of Member States to strengthen the rights of victims of unlawful behaviour by introducing legislation aimed at facilitating redress while avoiding an abusive litigation culture; stresses
Amendment 13 #
Motion for a resolution Paragraph 3 a (new) 3a. Underlines the considerable benefits of collective judicial actions in terms of costs and legal certainty for the claimants, defendants and the judicial system alike by avoiding parallel litigation of similar claims;
Amendment 14 #
Motion for a resolution Paragraph 3 b (new) 3b. Calls on the Commission to foster effective relief at EU level for consumers and SMEs by means of a EU-wide legal instrument on collective redress for both national and cross-border cases, on the basis of a set of common principles inspired by the EU legal tradition and the legal orders of the 27 Member States, consistent and parallel with specific sectoral legislative initiatives;
Amendment 16 #
Motion for a resolution Paragraph 4 4.
Amendment 19 #
Motion for a resolution Paragraph 5 5. Notes that enforcement mechanisms that already exist at EU level
Amendment 20 #
Motion for a resolution Paragraph 6 6. Takes the view that injunctive relief could also play
Amendment 22 #
Motion for a resolution Paragraph 7 7. Considers that injunctive relief should focus both on the protection of the individual interest and
Amendment 28 #
Motion for a resolution Paragraph 8 8. Takes the view that disputes frequently cover different industry sectors and different areas of law and that victims of unlawful behaviour face the same difficulties in obtaining redress in different sectors, and is concerned that any EU initiatives in the field of collective redress will result in a fragmentation of national procedural and damages laws which will weaken and not strengthen access to justice within the EU; in the event that it is decided after due consideration that a Union scheme of collective redress is needed and desirable, asks that any proposal in the field of collective redress should take the form of a horizontal legal instrument including a set of common principles providing uniform access to justice within the EU and specifically dealing with all the breaches of consumers' rights regardless of the policy field;
Amendment 30 #
Motion for a resolution Paragraph 8 a (new) 8a. Believes that the current exploratory work on an EU scheme of collective redress should not cause further delays in adopting sector-specific legislative initiatives in the field of competition, environment or consumers' law;
Amendment 36 #
Motion for a resolution Paragraph 9 9. Stresses that any horizontal legally binding instrument must cover
Amendment 40 #
Motion for a resolution Paragraph 10 Amendment 45 #
Motion for a resolution Paragraph 11 11. Considers that collective action under a horizontal instrument should be permissible where the defendant and victims represented are not domiciled in the same Member State (cross-border dimension) and where the rights alleged to have been infringed are granted by EU legislation (infringement of EU law) and in case of national infringements;
Amendment 49 #
Motion for a resolution Paragraph 12 – indent 1 (new) – the judge should maintain discretionary powers on the admissibility of collective damage claims;
Amendment 50 #
Motion for a resolution Paragraph 12 – indent 1 –
Amendment 60 #
Motion for a resolution Paragraph 12 a (new) Amendment 61 #
Motion for a resolution Paragraph 13 13. Stresses that many of the infringements of Union law identified by the Commission in the field of EU consumer protection measures call for the strengthening of injunctive relief
Amendment 66 #
Motion for a resolution Paragraph 15 a (new) 15a. Notes that ADR mechanisms often depend on the trader's willingness to cooperate and the availability of an effective judicial redress system would act as a strong incentive for parties to agree on out -of -court settlement, which is likely to avoid a considerable number of cases, thereby avoiding litigation;
source: PE-472.305
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Bernhard RAPKAY on
Activities
Term 7 14.07.2009 / ...
Term 6 20.07.2004 - 13.07.2009
All references link to europarl.euHistory
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