| TEXT PROPOSED BY THE KINGDOM OF BELGIUM, THE REPUBLIC OF BULGARIA, THE FEDERAL REPUBLIC OF GERMANY, THE KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE GRAND DUCHY OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS, THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF SLOVENIA, THE SLOVAK REPUBLIC, THE ITALIAN REPUBLIC, THE REPUBLIC OF FINLAND, THE PORTUGUESE REPUBLIC, ROMANIA AND THE KINGDOM OF SWEDEN | AMENDMENTS BY PARLIAMENT |
| Amendment 1 |
| Title |
| COUNCIL DECISION 2007/.../JHA of ... on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime | COUNCIL FRAMEWORK DECISION 2007/.../JHA of ... on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime
(This amendment applies throughout the text.)
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| Amendment 2 |
| Citation 1 |
| Having regard to the Treaty on European Union, and in particular Article 30(1)(a) and (b), Article 31(1)(a), Article 32 and Article 34(2)(c) thereof, | Having regard to the Treaty on European Union, and in particular Article 30(1)(a) and (b), Article 31(1)(a), Article 32 and Article 34(2)(b) thereof, |
| Amendment 3 |
| Citation 2a (new) |
| Having regard to the opinion of the European Data Protection Supervisor of 4 April 2007, |
| Amendment 4 |
| Recital 1 |
(1) The Council of the European Union attaches fundamental importance to the establishment of an area of freedom, security and justice, which is a fundamental concern of the people of the States brought together in the Union.
| (1) The Council of the European Union attaches fundamental importance to the area of freedom, security and justice, which is fundamental to the people of the European Union.
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| Amendment 5 |
| Recital 10 |
(10) These requirements are satisfied by the Prüm Treaty of 27 May 2005 between the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria on the stepping up of crossborder cooperation, particularly in combating terrorism, crossborder crime and illegal migration. In order that the substantive requirements of the Hague Programme can be fulfilled for all Member States and that its targets in terms of time-scale can be achieved , the essential parts of the Prüm Treaty need to be made applicable to all Member States. This Council Decision should therefore be based on the main provisions of the Prüm Treaty.
| (10) These requirements are satisfied by the Prüm Treaty of 27 May 2005 between the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria on the stepping up of crossborder cooperation, particularly in combating terrorism, crossborder crime and illegal migration. In order to fulfil the substantive requirements of the Hague Programme for all Member States, the Prüm Treaty need s to be made applicable to all Member States. This Council Framework Decision therefore includes some of the main provisions of the Prüm Treaty , namely those related to police and judicial cooperation in the European Union .
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| Amendment 6 |
| Recital 11a (new) |
| (11a) These improvements in the exchange of data constitute a step forward in making the information available between law enforcement officers in the Member States. It is appropriate to ensure that there are reasons for automated searches in national DNA and fingerprint databases whenever personal data are concerned. |
| Amendment 7 |
| Recital 15 |
(15) Subject to certain conditions, Member States should be able to supply personal and non-personal data in order to improve the exchange of information in connection with major events with a cross-border dimension.
| (15) Subject to certain conditions, Member States should be able to supply personal and non-personal data in order to improve the exchange of information in connection with major events with a cross-border dimension and the purpose of which is to prevent terrorist offences. The supplying of the data should be necessary and proportionate and based on particular circumstances that give reason to believe that criminal offences will be committed.
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| Amendment 8 |
| Recital 15a (new) |
| (15a) Within the framework of its mandate, Europol should also be granted access to national databases. |
| Amendment 9 |
| Recital 16 |
(16) As international cooperation, particularly in combating cross-border crime, is to be further improved, this Decision, in addition to improving the exchange of information, should allow, amongst other things, closer cooperation between police authorities, for example by means of joint security operations (e.g. joint patrols) and cross-border intervention in the event of immediate danger to life or limb .
| (16) As international cooperation, particularly in combating cross-border crime, is to be further improved, this Framework Decision, in addition to improving the exchange of information, should allow, amongst other things, closer cooperation between police authorities, for example by means of joint security operations (e.g. joint patrols).
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| Amendment 10 |
| Recital 18 |
(18) Aware of the importance which this Decision has for protecting the rights of individuals, and aware that the supply of personal data to another Member State requires a sufficient standard of data protection on the part of the receiving Member State , Member States should provide for efficient implementation of all data protection rules contained in the Decision .
| (18) The hit/no hit system provides a structure for comparing anonymous profiles, where additional personal data are exchanged only after a hit, and guarantees an adequate system of data protection, it being understood that the supply of personal data to another Member State requires an adequate level of data protection on the part of the receiving Member State.
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| Amendment 11 |
| Recital 18a (new) |
| (18a) Special categories of data concerning racial or ethnic origin, political opinions, religious or philosophical beliefs, party or trade union membership, sexual orientation or health should be processed only if absolutely necessary and proportionate for the purpose of a specific case and in compliance with specific safeguards. |
| Amendment 12 |
| Recital 18b (new) |
| (18b) These specific rules on data protection are created in absence of an adequate third pillar legal instrument on data protection. When approved, that general legal instrument should be applied to the entire area of police and judicial cooperation in criminal matters provided always that its level of data protection is adequate and not lower than the protection laid down in the Council of Europe Convention for the Protection of Individuals with regard to automatic Processing of Personal Data of 28 January 1981 and its additional Protocol of 8 November 2001 and takes account of Recommendation No R (87) 15 of 17 September 1987 of the Committee of Ministers to Member States regulating the use of personal data in the police sector, also where data are not processed automatically. |
| Amendment 13 |
| Recital 18c (new) |
| (18c) The European Parliament should be consulted on any measure implementing this Framework Decision. |
| Amendment 14 |
| Recital 18d (new) |
| (18d) It is necessary for the Council to adopt the Framework Decision on Procedural Rights as soon as possible in order to lay down certain minimum rules on the availability of legal assistance to individuals in the Member States. |
| Amendment 15 |
| Recital 18e (new) |
| (18e) With regard to the supply of information and assistance in connection with major events and mass gatherings, the overall framework must be reconciled with Joint Action 97/339/JHA of 26 May 1997 with regard to cooperation on law and order and security (2) and the Council Resolution of 29 April 2004 on security at the European Council meetings and other comparable events (3) and the Initiative of the Kingdom of the Netherlands with a view to the adoption of a Council Decision on strengthening cross-border police cooperation with regard to meetings attended by large numbers of people from more than one Member State, at which policing is primarily aimed at maintaining law and order and security and preventing and combating criminal offences (4). |
| Amendment 16 |
| Recital 20 |
(20) This Decision respects the fundamental rights and observes the principles set out in particular in the Charter of Fundamental Rights of the European Union,
| (20) This Framework Decision respects the fundamental rights and observes the principles recognised, in particular , by the Charter of Fundamental Rights of the European Union . In particular, this Framework Decision seeks to ensure full compliance with citizens' fundamental rights to respect for their private life and communications and to the protection of their personal data as enshrined in Articles 7 and 8 of the Charter.
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| Amendment 17 |
| Recital 20a (new) |
| (20a) The full review and evaluation of the functioning of the Prüm Treaty to date and the establishment of a third pillar data protection framework decision are prerequisites for the effectiveness and correct implementation of this Framework Decision. |
| Amendement 18 |
| Article 1, paragraph 1, introductory part |
| By means of this Decision, the Member States intend to step up cross border cooperation in matters covered by Title VI of the EU Treaty, particularly the exchange of information between agencies responsible for the prevention and investigation of criminal offences. To this end, this Decision contains rules in the following areas: | By means of this Framework Decision, the Member States intend to step up cross border cooperation in matters covered by Title VI of the EU Treaty, particularly the exchange of information between agencies responsible for the prevention and investigation of criminal offences as listed in Article 2 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (5) as well as in Articles 1 to 4 of Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (6) while ensuring an adequate level of data protection. To this end, this Framework Decision contains rules in the following areas: |
| Amendment 19 |
| Article 1, point 4 |
| (4) | Provisions on the conditions and procedure for stepping up border police cooperation through various measures (Chapter 5). |
| | (4) | Provisions on the conditions and procedure for stepping up border police cooperation through various defined measures (Chapter 5); |
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| Amendment 20 |
| Article 1, point 4a (new) |
| | (4a) | Provisions on data protection (Chapter 6, Article 14(2) and Article 16(2) and (4)). |
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| Amendment 21 |
| Article 1a (new) |
| Article 1a
For the purposes of this Framework Decision:
| (1) | ‘criminal offences’ shall mean the offences listed in Article 2 of Council Framework Decision 2002/584/JHA; |
| (2) | ‘terrorist offences’ shall mean the criminal offences listed in Articles 1 to 4 of Council Framework Decision 2002/475/JHA; |
| (3) | ‘personal data’ shall mean any information relating to an identified or identifiable natural person (‘data subject’); an ‘identifiable person’ means a person who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical or physiological identity; |
| (4) | ‘processing of personal data’ shall mean any operation or set of operations which is performed upon personal data, whether or not by automated means, such as collection, recording, organisation, storage, adaptation or alteration, sorting, retrieval, consultation, use, disclosure by supply, dissemination or otherwise making available, alignment, combination, blocking, erasure or destruction of data; processing within the meaning of this Framework Decision shall also include notification of whether or not a hit exists; |
| (5) | ‘automated search procedure’ shall mean direct access to the automated files of another body where the response to the search procedure does not require human intervention; |
| (6) | ‘referencing of data’ shall mean the marking of stored personal data without the aim of limiting their processing in future; |
| (7) | ‘blocking of data"’ shall mean the marking of stored personal data with the aim of limiting their processing in future; |
| (8) | ‘non-coding part of DNA’ shall mean chromosome zones containing no genetic expression, i.e. not known to provide information about specific hereditary characteristics; notwithstanding any scientific progress, no more information shall be revealed from the non-coding part of DNA either now nor in future. |
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| Amendment 22 |
| Article 1b (new) |
| Article 1b
Member States shall provide for a clear distinction to be made between the personal data of
| — | a person who is suspected of having committed or having taken part in a criminal offence, |
| — | a person who has been convicted of a criminal offence, |
| — | a person with regard to whom there are serious grounds for believing that he or she will commit a criminal offence, |
| — | a person who might be called on to testify in investigations in connection with criminal offences or subsequent criminal proceedings, |
| — | a person who has been the victim of a criminal offence or with regard to whom certain facts give reasons for believing that he or she could be the victim of a criminal offence, |
| — | a person who can provide information about criminal offences, |
| — | a contact or associate of one of the persons listed above, and |
| — | a person who does not fall within any of the categories referred to above. |
|
| Amendment 23 |
| Article 2, paragraph 1 |
1. Member States shall open and keep national DNA analysis files for the investigation of criminal offences. Processing of data kept in those files, under this Decision, shall be carried out in accordance with this Decision , in compliance with the national law applicable to the processing.
| 1. Member States shall open and keep national DNA analysis files for the investigation of criminal offences. Processing of personal data in those files, under this Framework Decision, shall be carried out in accordance with the rules on data protection laid down in Chapter 6, in compliance with the national law applicable to the processing.
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| Amendment 24 |
| Article 2, paragraph 2 |
2. For the purpose of implementing this Decision, the Member States shall ensure the availability of reference data from their national DNA analysis files as referred to in the first sentence of paragraph 1. Reference data shall only include DNA profiles established from the non-coding part of DNA and a reference number. Reference data shall not contain any data from which the data subject can be directly identified. Reference data which is not attributed to any individual (‘unidentified DNA-profiles’) shall be recognisable as such.
| 2. For the purpose of implementing this Framework Decision, the Member States shall ensure access to reference data from their national DNA analysis files opened for the investigation of criminal offences. Reference data shall only include DNA profiles established from the non-coding part of DNA and a reference number. Reference data shall not contain any data from which the data subject can be directly identified. Reference data which is not attributed to any individual (‘unidentified DNA-profiles’) shall be recognisable as such.
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| Amendment 25 |
| Article 3, paragraph 1 |
1. For the investigation of criminal offences, Member States shall allow other Member States' national contact points as referred to in Article 6 , access to the reference data in their DNA analysis files, with the power to conduct automated searches by comparing DNA profiles. Searches may be conducted only in individual cases and in compliance with the requesting Member State's national law.
| 1. For the investigation of criminal offences, Member States shall allow other Member States' national contact points, access to the reference data in their DNA analysis files, with the power to conduct automated searches by comparing DNA profiles. Searches may be conducted only in individual cases and in compliance with the rules on data protection laid down in Chapter 6 and the requesting Member State's national law.
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| Amendment 26 |
| Article 5 |
| Should the procedures referred to in Articles 3 and 4 show a match between DNA profiles, the supply of any available further personal data and other information relating to the reference data shall be governed by the national law, including the legal assistance rules, of the requested Member State. | Should the procedures referred to in Articles 3 and 4 show a match between DNA profiles, the supply of further personal data and other information relating to the reference data shall be governed by the national law, including the legal assistance rules, of the requested Member State and the rules on data protection laid down in Chapter 6. |
| Amendment 27 |
| Article 6 |
Article 6
National contact point and implementing measures
1. For the purposes of the supply of data as referred to in Articles 3 and 4, each Member State shall designate a national contact point. The powers of the national contact points shall be governed by the applicable national law.
2. Details of technical arrangements for the procedures set out in Articles 3 and 4 shall be laid down in the implementing measures as referred to in Article 34.
| deleted |
| Amendment 28 |
| Article 7, paragraph 1, introductory wording |
| Where, in ongoing investigations or criminal proceedings, there is no DNA profile available for a particular individual present within a requested Member State's territory, the requested Member State shall provide legal assistance by collecting and examining cellular material from that individual and by supplying the DNA profile obtained, if: | 1. Where, in ongoing investigations or criminal proceedings relating to the commission of criminal offences, there is no DNA profile available for a particular individual who is suspected of having committed such a criminal offence and who is present within a requested Member State's territory, the requested Member State shall provide legal assistance by collecting and examining cellular material from that individual and by supplying the DNA profile obtained, if:
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| Amendment 29 |
| Article 7, paragraph 1a (new) |
| 1a. The collection of cellular material shall take place only on the basis of national law and only for a specific purpose and shall meet the requirements of necessity and proportionality. |
| Amendment 30 |
| Article 8 |
| For the purpose of implementing this Decision, Member States shall ensure the availability of reference data from the file for the national automated fingerprint identification systems established for the prevention and investigation of criminal offences. Reference data shall only include dactyloscopic data and a reference number. Reference data shall not contain any data from which the data subject can be directly identified. Reference data which is not attributed to any individual (‘unidentified dactyloscopic data’) must be recognisable as such. | For the purpose of implementing this Framework Decision, Member States shall ensure access to reference data from the file for the national automated fingerprint identification systems established for the prevention and investigation of criminal offences. Reference data shall only include dactyloscopic data and a reference number. Reference data shall not contain any data from which the data subject can be directly identified. Reference data which is not attributed to any individual (‘unidentified dactyloscopic data’) must be recognisable as such. |
| Amendment 31 |
| Article 9, paragraph 1 |
1. For the prevention and investigation of criminal offences, Member States shall allow other Member States' national contact points, as referred to in Article 11, access to the reference data in the automated fingerprint identification systems which they have established for that purpose, with the power to conduct automated searches by comparing dactyloscopic data. Searches may be conducted only in individual cases and in compliance with the requesting Member State's national law.
| 1. For the prevention and investigation of criminal offences, Member States shall allow other Member States' national contact points, as referred to in Article 11, access to the reference data in the automated fingerprint identification systems which they have established for that purpose, with the power to conduct automated searches by comparing dactyloscopic data. Searches may be conducted only in individual cases and in compliance with the rules on data protection laid down in Chapter 6 and the requesting Member State's national law.
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| Amendment 32 |
| Article 10 |
| Should the procedure referred to in Article 9 show a match between dactyloscopic data, the supply of any available further personal data and other information relating to the reference data shall be governed by the national law, including the legal assistance rules, of the requested Member State. | Should the procedure referred to in Article 9 show a match between dactyloscopic data, the supply of further personal data and other information relating to the reference data shall be governed by the national law, including the legal assistance rules, of the requested Member State and the rules on data protection laid down in Chapter 6 . |
| Amendment 33 |
| Article 11 |
Article 11
National contact point and implementing measures
1. For the purposes of the supply of data as referred to in Article 9, each Member State shall designate a national contact point. The powers of the national contact points shall be governed by the applicable national law.
2. Details of technical arrangements for the procedure set out in Article 9 shall be laid down in the implementing measures as referred to in Article 34.
| deleted |
| Amendment 34 |
| Article 12, paragraph 1 |
1. For the prevention and investigation of criminal offences and in dealing with other offences coming within the jurisdiction of the courts or the public prosecution service in the searching Member State, as well as in maintaining public order and security, Member States shall allow other Member States' national contact points, as referred to in paragraph 2, access to the following national vehicle registration data, with the power to conduct automated searches in individual cases:
| 1. For the prevention and investigation of criminal offences and in dealing with other offences coming within the jurisdiction of the courts or the public prosecution service in the searching Member State, Member States shall allow other Member States' national contact points, as referred to in paragraph 2, access to the following national vehicle registration data, with the power to conduct automated searches in individual cases:
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(1) data relating to owners or operators, and
| (1) data relating to owners or operators, and
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(2) data relating to vehicles.
| (2) data relating to vehicles.
|
| Searches may be conducted only with a full chassis number or a full registration number. Searches may be conducted only in compliance with the searching Member State's national law. | Searches may be conducted only with a full chassis number or a full registration number. Searches may be conducted only in compliance with the rules on data protection laid down in Chapter 6 and the searching Member State's national law. |
| Amendment 35 |
| Article 12, paragraph 2 |
2. For the purposes of the supply of data as referred to in paragraph 1, each Member State shall designate a national contact point for incoming requests. The powers of the national contact points shall be governed by the applicable national law. Details of technical arrangements for the procedure shall be laid down in the implementing measures as referred to in Article 34.
| deleted |
| Amendment 36 |
| Article 14, paragraph 1 |
1. For the prevention of criminal offences and in maintaining public order and security for major events with a cross-border dimension, in particular for sporting events or European Council meetings, Member States shall, both upon request and of their own accord, supply one another with personal data if any final convictions or other circumstances give reason to believe that the data subjects will commit criminal offences at the event or pose a threat to public order and security, in so far as the supply of such data is permitted under the supplying Member State's national law.
| 1. For the prevention of criminal offences and in maintaining public order and security for major events with a cross-border dimension, in particular for sporting events or European Council meetings, Member States shall, both upon request and of their own accord, supply one another with personal data if any final convictions or other circumstances give reason to believe that the data subjects will commit criminal offences at the event or pose a threat to public order and security, in so far as the supply of such data is permitted under the supplying Member State's national law and when necessary and proportionate in a democratic society, for a specific purpose and on a case-by-case basis.
|
| Amendment 37 |
| Article 15 |
Article 15
National contact point
For the purposes of the supply of data as referred to in Articles 13 and 14, each Member State shall designate a national contact point. The powers of the national contact points shall be governed by the applicable national law.
| deleted |
| Amendment 38 |
| Article 16, paragraph 1 |
1. For the prevention of terrorist offences, Member States may, in compliance with national law, in individual cases, even without being requested to do so, supply other Member States' national contact points, as referred to in paragraph 3, with the personal data and information specified in paragraph 2, in so far as is necessary because particular circumstances give reason to believe that the data subjects will commit criminal offences as referred to in Articles 1 to 3 of EU Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism.
| 1. For the prevention of terrorist offences, Member States may, in compliance with national law, basic principles of law and fundamental rights , in individual cases, even without being requested to do so, supply other Member States' national contact points with the personal data and information specified in paragraph 2, in so far as is necessary because particular circumstances give reason to believe that the data subjects will commit terrorist offences.
|
| Amendment 39 |
| Article 16, paragraph 2 |
2. The data to be supplied shall comprise surname, first names, date and place of birth and a description of the circumstances giving rise to the belief referred to in paragraph 1.
| 2. The data to be supplied shall comprise only personal data and a description of the circumstances giving rise to the belief referred to in paragraph 1.
|
| Amendment 40 |
| Article 16, paragraph 3 |
3. Each Member State shall designate a national contact point for exchange of information with other Member States' national contact points. The powers of the national contact points shall be governed by the applicable national law.
| deleted |
| Amendment 41 |
| Article 16, paragraph 4a (new) |
| 4a. Regardless of those conditions, personal data may be processed only for the purposes specified in paragraph 1. The data supplied shall be deleted without delay once the purposes specified in paragraph 1 have been achieved or can no longer be achieved, and in any event after no more than two years from the date of supply. |
| Amendment 42 |
| Article 17, paragraph 2 |
2. Each Member State may, as a host Member State, in compliance with its own national law, and with the seconding Member State's consent, confer executive powers on the seconding Member States' officers involved in joint operations or, in so far as the host Member State's law permits, allow the seconding Member States' officers to exercise their executive powers in accordance with the seconding Member State's law . Such executive powers may be exercised only under the guidance and, as a rule, in the presence of officers from the host Member State. The seconding Member States' officers shall be subject to the host Member State's national law. The host Member State shall assume responsibility for their actions .
| 2. The seconding Member States' officers shall be subject to the host Member State's national law. Each Member State may, as a host Member State, in compliance with its own national law, and with the seconding Member State's consent, confer executive powers on the seconding Member States' officers involved in joint operations. Such executive powers may be exercised only under instructions from and, as a general rule, in the presence of officers from the host Member State.
|
| Amendment 43 |
| Article 17a (new) |
| Article 17a
Measures in the event of imminent danger
1. In urgent situations, officers from one Member State may, without the prior consent of another Member State (‘the host Member State’, cross the border between the two States so that, within an area of the host Member State'sterritory close to the border and in compliance with the host Member State's national law, they may take any provisional measures necessary to avert an imminent danger to the physical integrity of individuals.
|
| 2. An urgent situation as referred to in paragraph 1 shall be deemed to arise if there is a risk that the danger will materialise in the event of there being any delay before the host Member State's officers take responsibility as stipulated in Article 17(2).
3. The officers crossing the border shall immediately notify the host Member State of their presence. The host Member State shall confirm receipt of such notification and take the necessary measures without delay to avert the danger and take charge of the operations. The officers crossing the border may operate in the host Member State only until the host Member State has taken the necessary protective measures. The officers crossing the border shall be required to follow the host Member State's instructions.
4. The Member States shall specify in a separate agreement the authorities to be notified without delay, as stipulated in paragraph 3. The officers crossing the border shall be required to comply with the provisions of this Article and with the law of the host Member State.
5. The host Member State shall assume responsibility for the measures taken by the officers crossing the border.
|
| Amendment 44 |
| Article 18a (new) |
| Article 18a
Cooperation upon request
1. The competent authorities of the Member States shall provide one another with assistance, upon request, within the scope of their powers and in compliance with their own national law.
2. Those competent authorities shall provide one another with assistance, in accordance with the first sentence of Article 39(1) of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders, in particular by:
| (1) | identifying owners and operators of vehicles and providing information on drivers, masters and captains of vehicles, vessels and aircraft, in so far as not already provided for in Article 12; |
| (2) | supplying information on driving licences, navigation licences and similar permits; |
| (3) | ascertaining the whereabouts and place of residence of individuals; |
| (4) | checking residence permits; |
| (5) | ascertaining the identity of telephone subscribers and subscribers to other telecommunications services, where publicly accessible; |
| (6) | establishing the identity of individuals; |
| (7) | investigating the origin of items such as arms, motor vehicles and vessels (enquiries via trade channels); |
| (8) | supplying data from police databases and police records and supplying information from official records accessible to the public; |
| (9) | issuing urgent alerts concerning arms and explosives and alerts concerning currency counterfeiting and securities fraud; |
| (10) | supplying information on practical implementation of cross-border surveillance, cross-border hot pursuit and controlled deliveries, and |
| (11) | ascertaining an individual's willingness to make a statement. |
3. If the authority to which the request is made does not have the power to deal with the request, it shall pass it on to an authority with the power to do so. The requested authority shall notify the requesting authority of the passing on of the request and of the authority empowered to deal with it. The latter authority shall deal with the request and send the requesting authority the result.
|
| Amendment 45 |
| Article 19, paragraph 1 |
1. Officers from a seconding Member State who are involved in a joint operation within another Member State's territory may wear their own national uniforms there. They may carry such arms , ammunition and equipment as they are allowed to under the seconding Member State's national law. The host Member State may prohibit the carrying of particular arms , ammunition or equipment by a seconding Member State's officers.
| 1. Officers from a seconding Member State may carry such service weapons , ammunition and equipment as they are allowed to under the seconding Member State's national law. The host Member State may prohibit the carrying of certain service weapons, ammunition or equipment by a seconding Member State's officers provided its own legislation applies the same prohibition to its own officers .
|
| Amendment 46 |
| Article 19, paragraph 2a (new) |
| 2a. Officers from a seconding Member State who are involved in a joint operation in another Member State's territory shall wear their own national uniforms. A common distinctive sign must be carried by all members of the joint operation. The host Member State must deliver an accreditation document to the seconding Member States' officers, including the name, rank and a digitised photograph of the officer. |
| Amendment 47 |
| Article 24, paragraph 1 |
1. For the purposes of this Chapter:
| (1) | ‘processing of personal data’ shall mean any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, storage, adaptation or alteration, sorting, retrieval, consultation, use, disclosure by supply, dissemination or otherwise making available, alignment, combination, blocking, erasure or destruction of data. Processing within the meaning of this Decision shall also include notification of whether or not a hit exists; |
| (2) | ‘automated search procedure’ shall mean direct access to the automated files of another body where the response to the search procedure is fully automated; |
| (3) | ‘referencing’ shall mean the marking of stored personal data without the aim of limiting their processing in future; |
| (4) | ‘blocking’ shall mean the marking of stored personal data with the aim of limiting their processing in future. |
| deleted |
| Amendment 48 |
| Article 24, paragraph 2 |
2. The following provisions shall apply to data which are or have been supplied pursuant to this Decision, save as otherwise provided in the preceding Chapters.
| 2. The following provisions shall apply to the collection and processing of DNA material and fingerprints in a Member State and to the supply of further personal data within the scope of this Framework Decision.
|
| The following provisions shall also apply to data which are or have been supplied pursuant to this Framework Decision. |
| Amendment 49 |
| Article 25, paragraph 1a (new) |
| 1a. Member States shall take into account the various categories of personal data and the various purposes for which they are collected with a view to laying down time limits for their storage and appropriate conditions for their collection, further processing and transfer. Personal data relating to persons who are not suspected of having committed or taken part in a criminal offence may be processed only for the purpose for which they were collected and for a limited period. Member States shall lay down appropriate limitations on access to and transmission of such data. |
| Amendment 50 |
| Article 25, paragraph 3 |
3. Paragraph 2 shall not apply to those Member States where the supply of personal data as provided for in this Decision has already started pursuant to the Treaty of 27 May 2005 between the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria on the stepping up of cross-border cooperation, in particular in combating terrorism, cross-border crime and illegal migration (‘Prüm Treaty’).
| deleted |
| Amendment 51 |
| Article 25, paragraph 3a (new) |
| 3a. Data processed under this Framework Decision shall not be transferred or made available to a third country or to any international organisation. |
| Amendment 52 |
| Article 26, paragraph 1 |
1. Processing of personal data by the receiving Member State shall be permitted solely for the purposes for which the data have been supplied in accordance with this Decision. Processing for other purposes shall be permitted solely with the prior authorisation of the Member State administering the file and subject only to the national law of the receiving Member State. Such authorisation may be granted provided that processing for such other purposes is permitted under the national law of the Member State administering the file.
| 1. Processing of personal data by the receiving Member State shall be permitted solely for the purposes for which the data have been supplied in accordance with this Framework Decision. Processing for other purposes shall be permitted solely with the prior authorisation of the Member State administering the file and subject only to the national law of the receiving Member State. Such authorisation may be granted provided that processing for such other purposes is permitted under the national law of the Member State administering the file and on a case-by-case basis.
|
| Amendment 53 |
| Article 27 |
| Personal data supplied may be processed only by the authorities, bodies and courts with responsibility for a task in furtherance of the aims mentioned in Article 26. In particular, data may be supplied to other entities only with the prior authorisation of the supplying Member State and in compliance with the law of the receiving Member State. | Personal data supplied may be processed only by the authorities, bodies and courts with responsibility for a task in furtherance of the aims mentioned in Article 26. In particular, data may be supplied to other entities only with the prior authorisation of the supplying Member State on a case-by-case basis and in compliance with the law of the receiving Member State. |
| Amendment 54 |
| Article 28, paragraph 2a (new) |
| 2a. Special categories of data concerning racial or ethnic origin, political opinions, religious or philosophical beliefs, party or trade union membership, sexual orientation or health shall be processed only if absolutely necessary and proportionate for the purpose of a specific case and in compliance with specific safeguards. |
| Amendment 55 |
| Article 28, paragraph 3, point (2) |
| (2) | following the expiry of the maximum period for keeping data laid down in the national law of the supplying Member State where the supplying body informed the receiving body of those maximum periods at the time of supplying the data. |
| | (2) | following the expiry of the maximum period of two years, except in the cases laid down in Articles 14 and 16 . |
|
| Amendment 56 |
| Article 29, paragraph 2, point (1) |
| (1) | state-of-the-art technical measures are taken to ensure data protection and data security, in particular data confidentiality and integrity; |
| | (1) | the best available technical measures are taken to ensure data protection and data security, in particular data confidentiality and integrity; |
|
| Amendment 57 |
| Article 30, paragraph 2, introductory wording |
2. The following shall apply to automated searches for data based on Articles 3, 9,12 and automated comparison pursuant to Article 4:
| deleted |
| Amendment 58 |
| Article 30, paragraph 4 |
4. The recorded data shall be protected with suitable measures against inappropriate use and other forms of improper use and shall be kept for two years. After the conservation period the recorded data shall be deleted immediately.
| 4. The recorded data shall be protected with suitable measures against inappropriate use and other forms of improper use and shall be kept for three years. After the conservation period the recorded data shall be deleted immediately.
|
| Amendment 59 |
| Article 31, paragraph 1 |
1. At the request of the data subject under national law, information shall be supplied in compliance with national law to the data subject upon production of proof of his identity, without unreasonable expense, in general comprehensible terms and without unacceptable delays , on the data processed in respect of his person, the origin of the data, the recipient or groups of recipients, the intended purpose of the processing and the legal basis for the processing . Moreover, the data subject shall be entitled to have inaccurate data corrected and unlawfully processed data deleted. The Member States shall also ensure that, in the event of violation of his rights in relation to data protection, the data subject shall be able to lodge an effective complaint to an independent court or a tribunal within the meaning of Article 6(1) of the European Convention on Human Rights or an independent supervisory authority within the meaning of Article 28 of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and that he is given the possibility to claim for damages or to seek another form of legal compensation. The detailed rules for the procedure to assert these rights and the reasons for limiting the right of access shall be governed by the relevant national legal provisions of the Member State where the data subject asserts his rights.
| 1. Information about data collected, data supplied to other Member States and authorisations concerning those data shall be dealt with in compliance with national law without unreasonable expense, in general comprehensible terms and without unacceptable delays. Moreover, the data subject shall be entitled to have inaccurate data corrected and unlawfully processed data deleted , of which the data subject shall also be informed . Member States shall also ensure that, in the event of violation of his rights in relation to data protection, the data subject shall be able to lodge an effective complaint to an independent court or a tribunal within the meaning of Article 6(1) of the European Convention on Human Rights or an independent supervisory authority within the meaning of Article 28 of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and that he is given the possibility to claim for damages or to seek another form of legal compensation. The detailed rules for the procedure to assert these rights and the reasons for limiting the right of access shall be governed by the relevant national legal provisions of the Member State where the data subject asserts his rights.
|
| Amendment 60 |
| Article 32a (new) |
| Article 32a
Member States shall adopt suitable measures to ensure the full implementation of the provisions of this Chapter and shall lay down effective, proportionate and dissuasive sanctions to be imposed in the event of infringement thereof, notably those provisions aimed at ensuring the confidentiality and security of personal data processing.
|
| Amendment 61 |
| Article 32b (new) |
| Article 32b
1. For the purpose of the supply of data as referred to in Articles 3, 4, 9, 12, 14 and 16, each Member State shall designate one or several national contact points.
2. The powers of the national contact points shall be governed by the applicable national law. National contact points shall be available at all times.
3. The list of all national contact points shall be sent by each Member State to the other Member States and shall be published in the Official Journal of the European Union.
|
| Amendment 62 |
| Article 33, paragraph 2 |
2. Declarations submitted in accordance with paragraph 1 may be amended at any time by means of a declaration submitted to the General Secretariat of the Council. The General Secretariat of the Council shall forward any declarations received to the Member States and the Commission.
| 2. Declarations submitted in accordance with paragraph 1 may be amended at any time by means of a declaration submitted to the General Secretariat of the Council. The General Secretariat of the Council shall forward any declarations received to the Member States , the European Parliament and the Commission.
|
| Amendment 63 |
| Article 33, paragraph 2a (new) |
| 2a. Declarations, except for those referred to in Article 19(4), shall be published in the Official Journal of the European Union. |
| Amendment 64 |
| Article 34 |
| The Council shall adopt measures necessary to implement this Decision at the level of the Union in accordance with the procedure laid down in the second sentence of Article 34(2)(c) of the EU Treaty. | 1. The Council shall adopt implementing measures only after consulting the European Parliament.
|
| 2. The implementing measures shall also be communicated to the European Data Protection Supervisor, who may give his or her opinion thereon.
|
| Amendment 65 |
| Article 35 |
| Each Member State shall bear the operational costs incurred by its own authorities in connection with the implementation of this Decision. In special cases, the Member States concerned may agree on different arrangements. | Each Member State shall bear the operational costs incurred by its own authorities in connection with the implementation of this Framework Decision. However, the general budget of the European Union shall bear the costs relating to the functioning of TESTA II (Trans European Services for Telematics between Administrations) or any other network used to exchange the data referred to in Chapter 2 of this Framework Decision. |
| Amendment 66 |
| Article 36, paragraph 2 |
2. Member States may conclude or bring into force bilateral or multilateral agreements or arrangements which concern the scope of this Decision after it has entered into force in so far as such agreements or arrangements provide for the objectives of this Decision to be extended or enlarged.
| 2. Member States may conclude or bring into force bilateral or multilateral agreements or arrangements which concern the scope of this Framework Decision after it has entered into force in so far as such agreements or arrangements provide for the objectives of this Framework Decision to be extended or enlarged , including the data protection objectives of this Framework Decision.
|
| Amendment 67 |
| Article 36, paragraph 4 |
4. Member States shall inform the Council and the Commission within [... years] of entry into force of this Decision of existing agreements or arrangements within the meaning of the first paragraph which they wish to continue to apply.
| 4. Member States shall inform the European Parliament, the Council and the Commission within [... years] of entry into force of this Framework Decision of existing agreements or arrangements within the meaning of the first paragraph which they wish to continue to apply.
|
| Amendment 68 |
| Article 36, paragraph 5 |
5. Member States shall also inform the Council and the Commission of all new agreements or arrangements within the meaning of paragraph 2 within 3 months of their signing or, in the case of instruments which were signed before adoption of this Decision, within three months of their entry into force.
| 5. Member States shall also inform the European Parliament, the Council and the Commission of all new agreements or arrangements within the meaning of paragraph 2 within 3 months of their signing or, in the case of instruments which were signed before adoption of this Framework Decision, within three months of their entry into force.
|
| Amendment 69 |
| Article 37, paragraph 2 |
2. Member States shall transmit to the General Secretariat of the Council and the Commission the text of the provisions transposing into their national law the obligations imposed on them under this Decision. When doing so, each Member State may indicate that it will apply immediately this Decision in its relations with those Member States which have given the same notification.
| 2. Member States shall transmit to the General Secretariat of the Council the text of the provisions transposing into their national law the obligations imposed on them under this Framework Decision. When doing so, each Member State may indicate that it will apply immediately this Framework Decision in its relations with those Member States which have given the same notification. The General Secretariat of the Council shall forward the notifications received to the Member States, the European Parliament and the Commission.
|
| Amendment 70 |
| Article 37a (new) |
| Article 37a
1. The Council shall carry out an evaluation of the administrative, technical and financial application and implementation of this Framework Decision every two years.
2. The modalities of the automated searching and comparison of DNA and dactyloscopic data shall be evaluated six months after the date on which this Framework Decision takes effect. For vehicle registration data, this first evaluation shall take place three months after that date.
3. Evaluation reports shall be transmitted to the European Parliament and the Commission.
|
| TEXT PROPOSED BY THE COUNCIL | AMENDMENTS BY PARLIAMENT |
| Amendment 1 |
| Recital 7a (new) |
| (7a) This Framework Decision should not be interpreted as a measure requiring Member States to reduce the level of protection resulting from national provisions intended to extend the principles laid down in Directive 95/46/EC to the field of judicial and police cooperation. |
| Amendment 2 |
| Recital 10a (new) |
| (10a) With reference to Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks (2), which provides for data stored by private persons to be made available for the investigation, detection and prosecution of serious offences, there should be a minimum degree of harmonisation of the obligations of private individuals persons processing data when carrying out a public service remit; the rules permitting access to such data by the competent authorities of a Member State should also be harmonised. |
| Amendment 3 |
| Recital 12 |
(12) Where personal data are transferred from a Member State of the European Union to third countries or international bodies, these data should, in principle, benefit from an adequate level of protection.
| (12) Where personal data are transferred from a Member State of the European Union to third countries or international bodies, these data must benefit from an adequate level of protection.
|
| Amendment 4 |
| Recital 13 |
(13) It may be necessary to inform data subjects regarding the processing of their data, in particular where there has been particularly serious encroachment on their rights as a result of secret data collection measures, in order to ensure that data subjects can have effective legal protection.
| (13) Data subjects should, without fail, be informed of the processing of their data, in particular where there has been particularly serious encroachment on their rights as a result of secret data collection measures, in order to ensure that data subjects can have effective legal protection.
|
| Amendment 5 |
| Recital 14 |
(14) In order to ensure the protection of personal data without jeopardising the purpose of criminal investigations , it is necessary to define the rights of the data subject.
| (14) It is necessary to define the rights of the data subject, in order to ensure the protection of personal data without jeopardising the purpose of criminal investigations.
|
| Amendment 6 |
| Recital 15 |
(15) It is appropriate to establish common rules on the confidentiality and security of the processing, on liability and sanctions for unlawful use by competent authorities as well as judicial remedies available for the data subject. It is, however, for each Member State to determine the nature of its tort rules and of the sanctions applicable to violations of domestic data protection provisions.
| (15) It is appropriate to establish common rules on the confidentiality and security of the processing, on liability and sanctions for unlawful use by competent authorities as well as judicial remedies available for the data subject. It is, however, for each Member State to determine the nature of its tort rules and of the sanctions , including criminal penalties , applicable to violations of domestic data protection provisions
|
| Amendment 7 |
| Recital 16 |
(16) The establishment in Member States of supervisory authorities, exercising their functions with complete independence, is an essential component of the protection of personal data processed in the framework of police and judicial cooperation between the Member States.
| (16) The appointment in Member States of national supervisory authorities, exercising their functions with complete independence, is an essential component of the protection of personal data processed in the framework of police and judicial cooperation between the Member States. The functions of those national supervisory authorities should be assigned to the national data protection authorities established in accordance with Article 28 of Directive 95/46/EC.
|
| Amendment 8 |
| Recital 17 |
(17) Such authorities should have the necessary means to perform their duties, including powers of investigation and intervention, particularly in cases of complaints from individuals, and powers to engage in legal proceedings. These authorities should help to ensure transparency of processing in the Member States within whose jurisdiction they fall. However, their powers should not interfere with specific rules set out for criminal proceedings or the independence of the judiciary.
| (17) Such authorities should have the necessary means to perform their duties, including powers of investigation and intervention, particularly in cases of complaints from individuals, and powers to initiate and otherwise engage in legal proceedings. These authorities should help to ensure transparency of processing in the Member States within whose jurisdiction they fall. However, their powers should not interfere with specific rules set out for criminal proceedings or the independence of the judiciary.
|
| Amendment 9 |
| Recital 18 |
(18) The Framework Decision also aims to combine the existing data protection supervisory bodies, which have hitherto been established separately for the Schengen Information System, Europol, Eurojust, and the third-pillar Customs Information System, into a single data protection supervisory authority. A single supervisory authority should be created, which could, where appropriate , also act in an advisory capacity. A single supervisory authority allows the improvement in third-pillar data protection to be taken a decisive step further
| (18) This Framework Decision also aims to combine the data protection supervisory bodies in existence at European level , which have hitherto been established separately for the Schengen Information System, Europol, Eurojust, and the third-pillar Customs Information System, into a single data protection supervisory authority. A single supervisory authority should be created, which should , where appropriate, also act in an advisory capacity. A single supervisory authority allows the improvement in third-pillar data protection to be taken a decisive step further.
|
| Amendment 10 |
| Recital 18a (new) |
| (18a) That joint supervisory authority should gather the national supervisory authorities and the European Data Protection Supervisor. |
| Amendment 11 |
| Recital 22 |
(22) It is appropriate that this Framework Decision also applies to the personal data which are processed in the framework of the second generation of the Schengen Information System and the related exchange of supplementary information pursuant to Decision JHA/2006/...on the establishment, operation and use of the second generation Schengen Information System.
| (22) It is appropriate that this Framework Decision also applies to the personal data which are processed in the framework of the second generation of the Schengen Information System and the related exchange of supplementary information pursuant to Council Decision 2007/.../JHA of ... on the establishment, operation and use of the second generation Schengen Information System (SIS II) and in the framework of the Visa Information System pursuant to Council Decision 2007/.../ JHA of... on access for consultation of the Visa Information System (VIS) by the competent authorities of Member States responsible for internal security and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences .
|
| Amendment 12 |
| Recital 25a (new) |
| (25a) With a view to ensuring that the international obligations of the Member States are fulfilled, this Framework Decision may not be interpreted as guaranteeing a level of protection lower than that resulting from Convention 108 of the Council of Europe and the Additional Protocol thereto or from Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms or the case-law relating thereto. Similarly, in keeping with Article 6(2) of the Treaty on European Union and the Charter of Fundamental Rights of the European Union, with particular reference to Articles 1, 7, 8 and 47 thereof, the interpretation of the level of protection laid down by this Framework Decision must be the same as that laid down by those two Conventions. |
| Amendment 13 |
| Recital 26a (new) |
| (26a) This Framework Decision is merely the first step towards a more comprehensive and consistent framework for the protection of personal data used for security purposes. Such a framework may be based on the principles annexed to this Framework Decision. |
| Amendment 14 |
| Recital 32 |
(32) This Framework Decision respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. This Framework Decision seeks to ensure full respect for the rights to privacy and the protection of personal data in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union.
| (32) This Framework Decision respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. This Framework Decision seeks to ensure full respect for the rights to privacy and the protection of personal data in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, which are specific expressions of the right to human dignity enshrined in Article 1 of the Charter, Article 47 of which also guarantees the right to an effective remedy and to a fair trial .
|
| Amendment 15 |
| Article 1, paragraph 1 |
1. The purpose of this Framework Decision is to ensure a high level of protection of the basic rights and freedoms, and in particular the privacy, of individuals with regard to the processing of personal data in the framework of police and judicial cooperation in criminal matters, provided for by Title VI of the Treaty on European Union, while guaranteeing a high level of public safety.
| 1. The purpose of this Framework Decision is to ensure a high level of protection of the fundamental rights and freedoms, and in particular the privacy, of individuals with regard to the processing of personal data in the framework of police and judicial cooperation in criminal matters, provided for by Title VI of the Treaty on European Union.
|
| Amendment 17 |
| Article 1, paragraph 2 |
2. The Member States and institutions and bodies established on the basis of Council acts pursuant to Title VI of the Treaty on European Union shall, by compliance with this Framework Decision, guarantee that the basic rights and freedoms, and in particular the privacy, of data subjects are fully protected when personal data are transmitted between Member States or institutions and bodies established on the basis of Council acts pursuant to Title VI of the Treaty on European Union for the purpose of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, or further processed for the same purpose by the recipient Member State or institutions and bodies established on the basis of Council acts pursuant to Title VI of the Treaty on European Union.
| 2. The Member States and institutions and bodies established on the basis of Council acts pursuant to Title VI of the Treaty on European Union shall, by compliance with this Framework Decision, guarantee that the fundamental rights and freedoms, and in particular the privacy, of data subjects are fully protected when personal data are transmitted between Member States or institutions and bodies established on the basis of Council acts pursuant to Title VI of the Treaty on European Union for the purpose of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, or further processed for the same purpose by the recipient Member State or institutions and bodies established on the basis of Council acts pursuant to Title VI of the Treaty on European Union.
|
| Amendment 16 |
| Article 1, paragraph 4 |
4. Authorities or other offices dealing specifically with matters of national security do not fall within the scope of this Framework Decision.
| deleted |
| Amendment 18 |
| Article 1, paragraph 5a (new) |
| 5a. No later than three years after the date of entry into force of this Framework Decision, the Commission may submit proposals with a view to extending its scope to cover the processing of personal data within the framework of police and judicial cooperation at national level. |
| Amendment 19 |
| Article 2, point (g) |
| (g) | ‘the data subject's consent’ shall mean any freely given specific and informed indication of his wishes by which the data subject signifies his agreement to personal data relating to him being processed; |
| deleted |
| Amendment 20 |
| Article 2, point (k) |
| (k) | ‘to make anonymous’ shall mean to modify personal data in such a way that details of personal or material circumstances can no longer or only with disproportionate investment of time, cost and labour be attributed to an identified or identifiable individual. |
| | (k) | ‘to make anonymous’ shall mean to modify personal data in such a way that details of personal or material circumstances can no longer be attributed to an identified or identifiable individual. |
|
| Amendment 21 |
| Article 3, paragraph 1 |
1. Personal data may be collected by the competent authorities only for the lawful purposes established explicitly pursuant to Title VI of the Treaty on European Union and may be processed only for the same purpose for which the data were collected. Processing of the data must be essential and appropriate to this purpose, and must not be excessive.
| 1. Personal data may be collected by the competent authorities only for the lawful purposes established explicitly pursuant to Title VI of the Treaty on European Union and may be processed fairly and lawfully only for the same purpose for which the data were collected. Processing of the data must be necessary, appropriate and proportionate to this purpose.
|
| Amendment 22 |
| Article 3, paragraph 1a (new) |
| 1a. Personal data shall be evaluated taking into account their degree of accuracy or reliability, their source, the categories of data subjects, the purposes for which they are processed and the phase in which they are used. Data which are inaccurate or incomplete shall be erased or rectified. |
| Amendment 23 |
| Article 3, paragraph 1b (new) |
| 1b. Data mining and any form of large-scale processing of massive quantities of personal data, in particular where related to non-suspects, including the transfer of such data to a different controller, shall be permitted only if carried out in compliance with the results of an examination performed by a supervisory authority either prior to the start thereof or in the context of the preparation of a legislative measure. |
| Amendment 24 |
| Article 3, paragraph 1c (new) |
| 1c. Personal data shall be processed by separating facts and objective evaluations from opinions or personal assessments, and the data relating to the prevention and prosecution of offences from data lawfully held for administrative purposes. |
| Amendment 25 |
| Article 3, paragraph 2, point (c) |
| (c) | processing is essential and appropriate to that purpose. |
| | (c) | processing is necessary , appropriate and proportional to that purpose. |
|
| Amendment 26 |
| Article 4, paragraph 1a (new) |
| 1a. Member States shall ensure that the quality of personal data made available to the competent authorities of other Member States is verified regularly in order to ensure that the data accessed are accurate and up to date. Member States shall ensure that personal data that are no longer accurate or up to date are neither transmitted nor made available. |
| Amendment 27 |
| Article 7 |
| The processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or tradeunion membership and the processing of data concerning health or sex life shall be permitted only when this is strictly necessary and when suitable additional safeguards are provided. | The processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or tradeunion membership and the processing of data concerning health or sex life shall be prohibited. |
| By way of exception, the processing of such data may be carried out:
| — | if the processing is provided for by law, following prior authorisation by a competent judicial authority, on a case-by-case basis and is absolutely necessary for the prevention, investigation, detection or prosecution of terrorist offences and of other serious criminal offences, |
| — | if Member States provide for suitable specific safeguards, for example access to the data concerned only for personnel who are responsible for the fulfilment of the legitimate task that justifies the processing. |
These specific categories of data may not be processed automatically unless domestic law provides appropriate safeguards. The same condition shall apply to personal data relating to criminal convictions.
|
| Amendment 28 |
| Article 7, paragraph 1a (new) |
| 1a. Appropriate safeguards shall be provided for by specific provisions, or on the basis of prior checking, in respect of processing operations that are likely to present specific risks to the rights and freedoms of data subjects, such as in particular the processing of DNA profiles, biometric data, data of nonsuspects and the use of particular surveillance techniques or new technologies. |
| Amendment 29 |
| Article 10, paragraph 1 |
1. The transmitting body shall, upon transmission of the data, indicate the time-limits for the retention of data provided for under its national law, following the expiry of which the recipient must also erase the data or review whether or not they are still needed. Irrespective of these time-limits, transmitted data must be erased once they are no longer required for the purpose for which they were transmitted or for which they were allowed to be further processed in accordance with Article 11.
| 1. The transmitting body shall, upon transmission of the data, indicate the time-limits for the retention of data provided for under its national law, following the expiry of which the recipient must also erase the data or review whether or not they are still needed for the specific case for the purpose of which they were transmitted and must inform the supervisory authority and the transmitting body . Irrespective of these timelimits, transmitted data must be erased once they are no longer required for the purpose for which they were transmitted or for which they were allowed to be further processed in accordance with Article 12.
|
| Amendment 30 |
| Article 11, paragraph 1 |
1. All transmissions of personal data are to be logged or documented for the purposes of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security.
| 1. All transmissions of personal data are to be logged or documented for the purposes of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security , as is all access to such data .
|
| Amendment 31 |
| Article 12, paragraph 1, introduction |
1. Personal data received from or made available by the competent authority of another Member State may be further processed only for the following purposes other than those for which they were transmitted:
| 1. Personal data received from or made available by the competent authority of another Member State may be further processed only subject to the provisions of national law and only for the following purposes other than those for which they were transmitted:
|
| Amendment 32 |
| Article 12, paragraph 1, point (a) |
| (a) | the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties other than those for which they were transmitted or made available; |
| | (a) | the prevention, investigation, detection or prosecution of criminal offences in the same field or the execution of criminal penalties other than those for which they were transmitted or made available; |
|
| Amendment 33 |
| Article 12, paragraph 1, point (d) |
| (d) | any other purpose only with the prior consent of the competent authority that has transmitted or made available the personal data, unless the competent authority concerned has obtained the consent of the data subject, |
| | (d) | any other specified purpose , provided that it is legitimate and not excessive in relation to the purposes for which they were registered in accordance with Article 5 of Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (hereinafter referred to as ‘Convention 108’), but only with the prior consent of the competent authority that has transmitted or made available the personal data, |
|
| Amendment 34 |
| Article 12, paragraph 1, last subparagraph |
| and where the requirements of Article 3(2) are met.The competent authorities may also use the transmitted personal data for historical, statistical or scientific purposes, provided that Member States provide appropriate safeguards, such as, for example, making the data anonymous. | and where the requirements of Article 3(2) are met.The competent authorities may also use the transmitted personal data for historical, statistical or scientific purposes, provided that Member States make the data anonymous. |
| Amendment 35 |
| Article 12, paragraph 2 |
2. In cases where appropriate conditions are laid down for the processing of personal data on the basis of Council acts in accordance with Title VI of the Treaty on European Union, these conditions shall take precedence over paragraph 1.
| 2. Exceptions subsequent to the date of entry into force of this Framework Decision other than those indicated in paragraph 1 shall be permitted only in extraordinary cases, on the basis of a specific, duly substantiated decision of the Council after consultation of the European Parliament.
|
| Amendment 36 |
| Article 13 |
| The transmitting authority shall inform the recipient of processing restrictions applicable under its national law to data exchanges between competent authorities within that Member State. The recipient must also comply with these processing restrictions. | The transmitting authority shall inform the recipient of processing restrictions applicable under its national law to data exchanges between competent authorities within that Member State. The recipient must also comply with these processing restrictions or apply its own national law if the latter affords greater protection . |
| Amendment 37 |
| Article 14 |
| Personal data received from or made available by the competent authority of another Member State may be transferred to third States or international bodies only if the competent authority of the Member States which transmitted the data has given its consent to transfer in compliance with its national law. | Member States shall provide that personal data may be transferred to third countries or international bodies or organisations established by international agreements or declared as an international body only if
| (a) | such transfer is necessary for the prevention, investigation, detection or prosecution of terrorist offences and of other serious criminal offences, |
| (b) | the receiving authority in the third country or receiving international body or organisation is responsible for the prevention, investigation, detection or prosecution of criminal offences, |
| (c) | the Member State from which the data were obtained has given its consent to the transfer in compliance with its national law, and |
| (d) | the third country or international body concerned ensures an adequate level of protection for the intended data processing pursuant to Article 2 of the Additional Protocol to the Council of Europe Convention of 28 January 1981 for the Protection of individuals with regards to Automatic Processing of Personal Data regarding supervisory authorities and transborder data flows, and the corresponding case-law pursuant to Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. |
Member States shall ensure that records are kept of such transfers and make them available to national data protection authorities on request.
|
| Amendment 38 |
| Article 14, paragraph 1a (new) |
| 1a. The Council, acting on the basis of an opinion delivered by the joint supervisory authority provided for in Article 26, and after consulting the Commission and the European Parliament, may establish that a third country or an international body ensures an adequate level of protection of privacy and of the fundamental freedoms and rights of the individual by virtue of its domestic legislation or international agreements. |
| Amendment 39 |
| Article 14, paragraph 1b (new) |
| 1b. By way of exception, but in accordance with the principles of jus cogens, personal data may be transferred to the competent authorities of third countries or to international bodies which do not ensure an adequate level of protection or where this level of protection is not ensured, in case of absolute necessity in order to safeguard the essential interests of a Member State or for the purpose of averting imminent serious threats to public safety or to the safety of one or more persons in particular. In this case, the personal data may be processed by the receiving party only if that is absolutely necessary for the specific purpose for which the data have been supplied. Such data transfers shall be notified to the competent supervisory authority. |
| Amendment 40 |
| Article 14a (new) |
| Article 14a
Transmission to authorities other than competent authorities
Member States shall provide that personal data are transmitted to authorities of a Member State other than competent authorities only in particular individual and well-founded cases and if all the following requirements are met:
| (a) | the transmission is provided for by law clearly obliging or authorising it, and |
| (b) | the transmission is
necessary for the specific purpose for which the data concerned were collected, transmitted or made available, or for the purpose of the prevention, investigation, detection or prosecution of criminal offences or for the purpose of the prevention of threats to public security or to a person, except where such considerations are overridden by the need to protect the interests or fundamental rights of the data subject or necessary because the data concerned are indispensable to the authority to which the data are to be further transmitted to enable it to fulfil its own lawful task and provided that the aim of the collection or processing to be carried out by that authority is not incompatible with the original processing, and the legal obligations of the competent authority which intends to transmit the data are not contrary to this.
|
|
| Amendment 41 |
| Article 14b (new) |
| Article 14b
Transmission to private parties
Without prejudice to national rules of criminal procedure, Member States shall provide that personal data may be transmitted to private parties in a Member State only in specific cases and if all the following requirements are met:
| (a) | the transmission is provided for by a law clearly obliging or authorising it, and |
| (b) | the transmission is necessary for the specific purpose for which the data concerned were collected, transmitted or made available or for the purpose of the prevention, investigation, detection or prosecution of criminal offences or the prevention of threats to public security or to a person, except where such considerations are overridden by the need to protect the interests or fundamental rights of the data subject. |
Member States shall provide that competent authorities may have access to and process personal data controlled by private persons only on a case-by-case basis, in specific circumstances, for specified purposes and subject to judicial scrutiny in the Member States.
|
| Amendment 42 |
| Article 14c (new) |
| Article 14c
Processing of data by private persons when carrying out a public service remit
The national legislation of the Member States shall provide that, where private persons collect and process data as part of a public service remit, they are subject to requirements which are, at least, equivalent to or otherwise exceed those imposed on the competent authorities.
|
| Amendment 43 |
| Article 16 |
| The competent authority shall inform the subject of the collection of personal data of the fact that data relating to him are being processed, the categories of data involved and the purposes of the processing , unless the provision of such information proves, in the particular case, to be incompatible with the permissible purposes of the processing, or involves a disproportionate effort compared to the legitimate interests of the data subject. | The data subject shall be informed of the fact that personal data concerning him or her are being processed, the categories of data concerned, the identity of the controller and/or his or her representative, if any, the legal basis and the purposes of the processing , the existence of the right to access and rectify the data concerning him or her, unless the provision of such information proves impossible or incompatible with the purposes of the processing, or involves a disproportionate effort in relation to the data subject's interests, or where the data subject already has that information. |
| Amendment 44 |
| Article 17, paragraph 1, point (ba) (new) |
| | (ba) | the purposes for which the data are processed and communicated ; |
|
| Amendment 45 |
| Article 17, paragraph 2, point (a) |
| (a) | It would jeopardise the proper performance of the tasks of the competent authority; |
| (a) It would jeopardise an ongoing operation; |
| Amendment 46 |
| Article 17, paragraph 2, point (b) |
| (b) | it would jeopardise public order or security or otherwise be detrimental to national interests; |
| deleted |
| Amendment 47 |
| Article 17, paragraph 2, point (c) |
| (c) | the data or the fact of their storage must be kept secret pursuant to a legal provision or by reason of their nature , in particular for the sake of the overriding interests of a third party; |
| | (c) | the data or the fact of their storage must be kept secret pursuant to a legal provision or by reason of their nature; |
|
| Amendment 48 |
| Article 18, paragraph 1 |
1. The data subject is entitled to expect the competent authority to fulfil its duties concerning the rectification, erasure or blocking of personal data which arise from this Framework Decision
| 1. The data subject shall be entitled to expect the competent authority to fulfil its duties concerning the rectification, erasure or blocking of personal data which arise from this Framework Decision. The data subject shall also be entitled to access and rectify his own data.
|
| Amendment 49 |
| Article 20 |
| Without prejudice to any administrative remedy for which provision may be made prior to referral to the judicial authority, the data subject must have the opportunity of seeking judicial remedy for any breach of the rights guaranteed to him by the applicable national law. | Without prejudice to any administrative remedy for which provision may be made prior to referral to the judicial authority, the data subject must have the opportunity of seeking judicial remedy for any breach of the rights guaranteed to him by the applicable national law, which shall be the law of the Member State of the competent authority . |
| Amendment 50 |
| Article 21 |
| Persons who have access to personal data which fall within the scope of this Framework Directive may process such data only as members or on the instructions of the competent authority, unless there are legal obligations to do so. Persons called upon to work for a competent authority of a Member State shall be bound by all the data protection rules which apply to the competent authority in question. | Duly authorised staff who have access to personal data which fall within the scope of this Framework Directive may process such data only as members or on the instructions of the competent authority, unless there are legal obligations to do so. Duly authorised staff called upon to work for a competent authority of a Member State shall be bound by all the data protection rules which apply to the competent authority in question. |
| Amendment 51 |
| Article 22, paragraph 2, point (g) |
| (g) | ensure that it is subsequently possible to verify and establish which personal data have been input into automated data processing systems and when and by whom the data were input (input control); |
| | (g) | ensure that it is subsequently possible to verify and establish which personal data have been input or processed into automated data processing systems and when and by whom the data were input or processed (input and processing control); |
|
| Amendment 52 |
| Article 23, introductory part |
| Member States shall provide that the processing of personal data shall be subject to prior checking by the competent supervisory authority where: | Member States shall provide that the processing of personal data shall be subject to prior checking and authorisation by the competent judicial authority as prescribed by national law and by the competent supervisory authority where: |
| Amendment 53 |
| Article 24 |
| Member States shall adopt suitable measures to ensure the full implementation of the provisions of this Framework Decision and shall in particular lay down effective, proportionate and dissuasive sanctions to be imposed in case of infringement of the provisions adopted pursuant to this Framework Decision. | Member States shall adopt suitable measures to ensure the full implementation of the provisions of this Framework Decision and shall in particular lay down effective, proportionate and dissuasive sanctions, including administrative and/or criminal penalties in accordance with national law to be imposed in case of infringement of the provisions adopted pursuant to this Framework Decision. |
| Amendment 54 |
| Article 25, paragraph 2, point (c) |
| (c) | the power to engage in legal proceedings where the national provisions adopted pursuant to this Framework Decision have been infringed or to bring such infringements to the attention of the judicial authorities. Decisions by the supervisory authority which give rise to complaints may be appealed against through the courts |
| | (c) | the power to initiate or otherwise engage in legal proceedings where the national provisions adopted pursuant to this Framework Decision have been infringed or to bring such infringements to the attention of the judicial authorities. Decisions by the supervisory authority which give rise to complaints may be appealed against through the courts |
|
| Amendment 55 |
| Article 26, paragraph 1a (new) |
| 1a. The joint supervisory authority shall gather the national supervisory authorities provided for in Article 25 and the European Data Protection Supervisor. |
| Amendment 56 |
| Article 26, paragraph 2 |
2. The composition, tasks and powers of the joint supervisory authority shall be laid down by Member States through a Council Decision under Article 34(2)(c) of the Treaty on European Union. The joint supervisory authority shall in particular monitor the proper use of data processing programs by which personal data are to be processed and advise the Commission and Member States on any proposed amendment of this Framework Decision, on any additional or specific measures to safeguard the rights and freedoms of natural persons with regard to the processing of personal data for the purpose of the prevention, investigation, detection and prosecution of criminal offences and on any other proposed measures affecting such rights and freedoms.
| 2. The tasks and powers of the joint supervisory authority shall be laid down by the Council under Article 34(2)(c) of the Treaty on European Union not later than 12 months after the date of entry into force of this Framework Decision . The joint supervisory authority shall in particular monitor the proper use of data processing programs by which personal data are to be processed and advise the Commission and Member States on any proposed amendment of this Framework Decision, on any additional or specific measures to safeguard the rights and freedoms of natural persons with regard to the processing of personal data for the purpose of the prevention, investigation, detection and prosecution of criminal offences and on any other proposed measures affecting such rights and freedoms.
|
| Amendment 57 |
| Article 27 |
| This Framework Decision is without prejudice to any obligations and commitments incumbent upon Member States or upon the European Union by virtue of bilateral and/or multilateral agreements with third States. | 1. This Framework Decision is without prejudice to any preexisting obligations and commitments incumbent upon Member States or upon the European Union by virtue of bilateral and/or multilateral agreements with third States.
|
| Amendment 58 |
| Article 27, paragraph 1a (new) |
| 1a. Any bilateral and/or multilateral agreement which enters into force after the date of entry into force of this Framework Decision shall comply with this Framework Decision; |
| Amendment 59 |
| Article 27a (new) |
| Article 27a
Assessment and revision
1. Not more than three years after the date of entry into force of this Framework Decision, the Commission shall submit to the European Parliament and the Council an assessment of the application of this Framework Decision, accompanied by proposals for any amendments which are necessary in order to extend its scope pursuant to Article 1(5a).
2. To this end, the Commission shall take account of the observations forwarded by the parliaments and governments of the Member States, the Article 29 working party established by Directive 95/46/EC, the European Data Protection Supervisor and the joint supervisory authority provided for in Article 26 of this Framework Decision .
|
| Amendment 60 |
| Annex (new) |
| Annex
15 Principles on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters
Principle 1
(Protection of rights and freedoms)
1. Personal data must be processed by ensuring a high level of protection of data subjects' rights, fundamental freedoms and dignity, including the right to personal data protection.
Principle 2
(Minimisation)
1. The use of personal data shall be configured by minimising their processing if the purposes sought can be achieved by using anonymous or non identifying information.
Principle 3
(Transparency)
1. The processing of personal data must be transparent under the terms set out in the law.
2. The type of data and processing operations, the relevant retention period, and the identity of the controller and processor(s) must be specified and made available.
3. The results achieved by means of the various categories of processing performed should be publicised regularly in order to assess whether the processing is further helpful in concrete.
Principle 4
(Legitimacy of processing)
1. Personal data may only be processed if this is provided for by a law setting out that processing by the competent authorities is necessary in order for the said authorities to fulfil their legitimate obligations.
|
| Principle 5
(Data quality)
1. Personal data must be:
| — | processed fairly and lawfully; |
| — | collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes; |
| — | adequate, relevant and not excessive in relation to the purposes for which they are collected and/or further processed; |
| — | accurate and, where necessary, kept up to date; |
| — | kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data were collected and/or further processed, in particular where the data are available on line. |
2. Personal data must be evaluated taking into account their degree of accuracy or reliability, their source, the categories of data subjects, the purposes for which they are processed and the phase in which they are used. Every reasonable step should be taken to ensure that data which are inaccurate or incomplete are erased or rectified.
3. Data mining and any form of large-scale processing of massive quantities of personal data, in particular where related to non-suspects, including the transfer of such data to a different controller, shall only be permitted if carried out in compliance with the results of an examination performed by a supervisory authority either prior to the start thereof or in the context of preparation of a legislative measure.
4. Personal data must be processed by separating facts and objective evaluations from opinions or personal assessments, and the data related to prevention and prosecution of offences from data lawfully held for administrative purposes.
5. Appropriate checks prior and after an exchange of data must be established.
6. The controller shall take suitable measures in order to facilitate respect for the principles laid down herein, including by means of ad hoc software, as also related to the possible notification of rectification, erasure or blocking to third party recipients.
|
| Principle 6
(Special categories of data)
1. The processing of personal data solely on the basis that they reveal racial or ethnic origin, political opinions, religious or philosophical beliefs or trade-union membership, and the processing of personal data concerning health or sex life shall be prohibited. The processing of these data may only be carried out if absolutely necessary for the purpose of a particular inquiry.
2. Appropriate safeguards shall be provided for by specific provisions, or on the basis of prior checking, in respect of processing operations that are likely to present specific risks to the rights and freedoms of data subjects, such as in particular the processing of DNA profiles, biometric data, data of nonsuspects and the use of particular surveillance techniques or new technologies.
Principle 7
(Information to be given to the data subject)
1. The data subject shall be informed of the fact that personal data concerning him are being processed, the categories of data concerned, the identity of the controller and/or his representative, if any, the legal basis and the purposes of the processing, the existence of the right to access and rectify the data concerning him, unless the provision of such information proves impossible or incompatible with the purposes of the processing, or involves a disproportionate effort compared to data subject's interests, or where the data subject already has this information.
2. The provision of information to the data subject may be delayed to the extent this is necessary in order not to jeopardize the purposes for which the data were collected and/or further processed.
Principle 8
(Right of access to data and rectification)
1. The data subject shall have the right to obtain from the controller, without constraint at reasonable intervals and without excessive delay:
| a. | confirmation as to whether or not data relating to him are being processed and information at least as to the purposes of the processing, the categories of data concerned and the recipients or categories of recipients to whom data are disclosed, |
| b. | communication to him in an intelligible form of the data undergoing processing and of any available information as to their source, |
| c. | knowledge of the logic involved in any automatic processing of data concerning him at least in the case of the automated decisions referred to in principle 9; |
|
| 2. The data subject shall have the right:
| a. | to rectification or, if appropriate, erasure of data that are processed in breach of these principles, in particular because of the incomplete or inaccurate nature of the data, |
| b. | to have third parties to whom the data have been disclosed notified of any rectification or erasure carried out in compliance with (a), unless this proves impossible or involves a disproportionate effort. |
3. The communication referred to in paragraph 1 may be refused or delayed if such a refusal or delay is necessary to:
| a. | protect security and public order or to prevent crime; or |
| b. | the investigation, detection and prosecution of criminal offences; or |
| c. | protect the rights and freedoms of third parties. |
Principle 9
(Automated individual decisions)
1. Everyone has the right not to be subject to a decision which produces legal effects concerning him or significantly affects him and which is based solely on automated processing of data intended to evaluate certain personal aspects relating to him.
2. Subject to other principles, a person may be subjected to a decision of the kind referred to herein if that decision is authorised by a law which also lays down appropriate measures to safeguard the data subject's legitimate interests.
Principle 10
(Confidentiality and security of processing)
1. The controller and any person acting under the authority of the latter should not disclose or anyhow make available any personal data to which access is necessitated by virtue of their function, unless authorised or required to do so by law.
2. The controller must implement appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction, accidental loss or unauthorised disclosure, alteration and access or all other unlawful forms of processing. These measures should be of a level appropriate to the risks arising from the processing and the nature of the data to be protected, by also considering the reliability and confidentiality of the data, and must be reviewed periodically.
|
| Principle 11
(Communication of personal data)
1. The communication of data should only be permissible if there exists a legitimate interest for such communication within the framework of the legal powers of the competent authorities.
2. Data communicated in accordance with the principles set forth herein should only be used for the purposes for which they have been disclosed or, if provided for by the law or agreed upon by the competent authorities, where a concrete link exists with an ongoing investigation.
3. Communication to other public bodies or private parties should only be permissible if, in a particular case:
| a. | there exists a clear legal obligation or authorisation, or with the authorisation of the supervisory authority, or if |
| b. | these data are indispensable to the recipient to enable him to fulfil his own lawful task and provided that the aim of the collection or processing to be carried out by the recipient is not incompatible with the original processing, and the legal obligations of the communicating body are not contrary to this. |
4. Furthermore, communication to other public bodies is exceptionally permissible if in a particular case:
| a. | the communication is undoubtedly in the interest of the data subject and either the data subject has consented or circumstances are such as to allow a clear presumption of such consent, or if |
| b. | the communication is necessary so as to prevent a serious and imminent danger. |
5. Communication of data to third countries or international bodies should be subject to the existence of an appropriate legal framework resulting from an examination performed prior to the start thereof by a supervisory authority or in the context of a legislative measure, providing in particular, that the request for such communication contains clear indications as to the body or person requesting them, the purpose, the proportionality and the security measures of the processing, and the adequate guarantees to ensure a mandatory framework about the use of data. Such guarantees should be assessed in general on the basis of a standard procedure by taking into account all the principles set out in this Annex.
|
| Principle 12
(Notification and prior checking)
1. Member States shall identify the categories of permanent or ad hoc files likely to present specific risks to the rights and freedoms of data subjects, to be notified to a supervisory authority or subject to a prior checking under the conditions and procedures to be specified by domestic law.
Principle 13
(Responsibility)
1. The controller is responsible for ensuring that the provisions set out in these principles are respected, in particular as for any activities performed by and/or committed to processors acting under his instructions.
Principle 14
(Judicial remedies and liability)
1. Every person has the right to a judicial legal remedy for any breach of the rights guaranteed to him by these principles.
2. The data subject has the right to compensation for any damage suffered by him because of the unlawful processing of personal data concerning him.
3. The controller may be exempted from his liability, in whole or in part, if he proves that he is not responsible for the event giving rise to the damage
Principle 15
(Supervision)
1. Observance of the principles of personal data protection should be monitored and enforced by one or more public supervisory authorities. The supervisory authorities should in particular be endowed with powers of investigation and intervention allowing them in particular to instigate, as appropriate, the rectification or erasure of personal data whose processing does not comply with the principles established in this Annex. These authorities shall act in complete independence in exercising the functions entrusted to them.
2. The supervisory authorities shall be consulted when drawing up legislative and administrative measures or regulations relating to the protection of individuals' rights and freedoms with regard to the processing of personal data or otherwise having an impact on them.
3. The supervisory authorities shall be endowed with:
| a. | investigative powers, such as powers of access to data forming the subject-matter of processing operations and powers to collect all the information necessary for the performance of their supervisory duties, |
| b. | effective powers of intervention, such as, for example that of delivering opinions before processing operations are carried out, in accordance with principle 12, and of ordering erasure or destruction of data, of imposing a definitive ban on processing, of warning or admonishing the controller, or that of referring the matter to the Parliament or other political institutions, |
| c. | the power to engage in legal proceedings where the principles have been violated or to bring these violations to the attention of judicial authorities. |
Decisions by the supervisory authorities which give rise to complaints may be appealed against through the courts.
4. Supervisory authorities shall hear and decide on claims lodged by any person, or by an association representing that person, concerning the protection of his rights and freedoms in respect of the processing of personal data. The person concerned shall be informed of the outcome of the claim.
The supervisory authority shall, in particular, hear claims for checks on the lawfulness of data processing lodged by any person when the principle 8.3 is applied. The person shall at any rate be informed that a check has taken place.
5. Supervisory authorities shall draw up a report on their activities at regular intervals. The report shall be made public.
|
| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| Amendment 1 |
| RECITAL 2 |
(2) In the light of experience it is necessary to change the regime for fruit and vegetables in order to achieve the following objectives: improving the competitiveness and market orientation of the sector so as to contribute to achieving sustainable production that is competitive both on internal and external markets, reducing fluctuations in producers' income resulting from crises on the market, increasing the consumption of fruit and vegetables in the Community and continuing the efforts made by the sector to maintain and protect the environment.
| (2) In the light of experience it is necessary to change the regime for fruit and vegetables in order to achieve the following objectives: improving the competitiveness and market orientation of the sector so as to contribute to achieving sustainable production that is competitive both on internal and external markets, taking into account the situation of the new Member States in order to reduce, if possible, the imbalances between different Member States and regions with the aim of maintaining farmers' incomes, reducing fluctuations in producers' income resulting from crises on the market, increasing the consumption of fruit and vegetables in the Community and continuing the efforts made by the sector to maintain and protect the environment, protect public health and the interests of consumers and make controls on imports of fruit and vegetables from third countries more effective .
|
| Amendment 2 |
| RECITAL 5 |
(5) The scope of this Regulation should be products covered by the common market organisations of the markets in fruit and vegetables and processed fruit and vegetables. However, the provisions on producer organisations and interbranch organisations and agreements only apply to products covered by the common market organisation for fruit and vegetables and this distinction should be maintained. The scope of the common market organisation in fruit and vegetables should also be extended to certain culinary herbs to allow them to benefit from the regime.
| (5) The scope of this Regulation should be products covered by the common market organisations of the markets in fruit and vegetables and processed fruit and vegetables. The scope of the common market organisation in fruit and vegetables should also be extended to certain culinary herbs to allow them to benefit from the regime.
|
| Amendment 3 |
| RECITAL 7 |
(7) The production and marketing of fruit and vegetables should take full account of environmental concerns, including cultivation practices, the management of waste materials and the disposal of products withdrawn from the market, in particular as regards the protection of water quality, the maintenance of biodiversity and the upkeep of the countryside.
| (7) The production and marketing of fruit and vegetables should take full account of environmental concerns, including cultivation practices, the management of waste materials and the disposal of products withdrawn from the market, in particular as regards the protection of water quality, the maintenance of biodiversity and the upkeep of the countryside. In order better to assist farmers and operators in translating the high quality of their products into higher revenue, the Commission should further investigate the possible introduction of a European quality label.
|
| Amendment 4 |
| RECITAL 8 |
(8) Producer organisations are the basic elements in the fruit and vegetables regime, the decentralised operation of which they ensure at their level. In the face of ever greater concentration of demand, the grouping of supply through these organisations continues to be an economic necessity in order to strengthen the position of producers in the market. Such grouping must be effected on a voluntary basis and must prove its utility by the scope and efficiency of the services offered by producer organisations to their members.
| (8) Producer organisations and interbranch organisations are the basic elements in the fruit and vegetables regime, the decentralised operation of which they ensure at their level. In the face of ever greater concentration of demand, the grouping of supply through these organisations continues to be an economic necessity in order to strengthen the position of producers in the market. However, securing a genuine improvement in the position of producers vis-à-vis retail networks and large processing concerns will require other, political, action to be taken at Community level. Such grouping must be effected on a voluntary basis and must prove its utility by the scope and efficiency of the services offered by producer organisations to their members.
|
| Amendment 5 |
| RECITAL 9 |
(9) Experience shows that producer organisations are the correct tool for grouping supply. However, the spread of producer organisations in different Member States has been uneven. In order to further improve the attractiveness of producer organisations, provision should be made for more flexibility in their operation wherever possible. Such flexibility should concern in particular the product range of a producer organisation, the extent of direct sales permitted and the extension of rules to non-members as well as permitting the delegation of powers or functions of producer organisations to associations of producer organisations, subject to necessary conditions, and the delegation of functions to subsidiaries.
| (9) Experience shows that producer organisations are the correct tool for concentration of supply. However, the spread of producer organisations in different Member States has been uneven. In order to further improve the attractiveness of producer organisations, provision should be made for more flexibility in their operation wherever possible , as well as to prevent their being excessively concentrated in areas where the production and marketing conditions are more homogeneous, which would indirectly lead to overall supply being dispersed . Such flexibility should concern in particular the product range of a producer organisation, the extent of direct sales permitted and the extension of rules to non-members as well as permitting the delegation of powers or functions of producer organisations to associations of producer organisations, subject to conditions available to ensure their efficient operation , and the delegation of functions to subsidiaries.
|
| Amendment 6 |
| RECITAL 11 |
(11) Producer groups in Member States which have acceded to the Community in 2004 or thereafter and wishing to acquire the status of producer organisations in accordance with this Regulation should be allowed the benefit of a transitional period during which national and Community financial support can be given against certain commitments by the group.
| (11) Producer groups in Member States which have acceded to the Community in 2004 or thereafter and wishing to acquire the status of producer organisations in accordance with this Regulation should be allowed , insofar as the degree of concentration of supply is still inadequate, the benefit of a transitional period during which national and Community financial support can be given against certain commitments by the group.
|
| Amendment 7 |
| RECITAL 13 |
(13) In regions where the organisation of production is weak, the grant of additional, national, financial contributions should be allowed. In the case of Member States which are at a particular disadvantage with regard to structures, those contributions should be reimbursable by the Community.
| (13) In regions where the organisation of production is weak, the grant of additional, national, financial contributions should be allowed. In the case of Member States which are at a particular disadvantage with regard to structures, those contributions may be reimbursed by the Community at the request of the competent authorities .
|
| Amendment 8 |
| RECITAL 14 |
(14) In order to simplify and reduce the cost of the scheme it could be helpful to align, where possible, the procedures and rules for the eligibility of expenditure under operational funds with those of rural development programmes by permitting Member States to establish a national strategy for operational programmes.
| (14) In order to simplify and reduce the cost of the scheme it could be helpful to align, where possible, the procedures and rules for the eligibility of expenditure under operational funds with those of rural development programmes by permitting Member States to establish a national strategy for operational programmes. In this national strategy, as well as in the national strategic plan and in the rural development programmes, the measures adopted by the Member States to prevent the dual financing of the measures should be specified. In addition, in the interests of greater legal certainty and of making the operational fund measures more effective, Member States should be allowed to draw up negative lists of eligibility.
|
| Amendment 9 |
| RECITAL 16 |
(16) A number of heterogeneous aid schemes for certain fruit and vegetables have been set out in Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 2202/96. The number and variety of those schemes have made them complex to administer. Whilst they have been targeted at some specific fruits and vegetables, they have not been able to fully take into account regional conditions of production, and have not covered all fruit and vegetables. It is therefore appropriate to seek a different tool for supporting fruit and vegetable producers.
| (16) A number of heterogeneous aid schemes for certain fruit and vegetables have been set out in Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 2202/96. The number and variety of those schemes have made them complex to administer and may create legal uncertainty . Whilst they have been targeted at some specific fruits and vegetables, they have not been able to fully take into account the species brought in by the new Member States or the regional conditions of production, and have not covered all fruit and vegetables.It is therefore appropriate to seek a different tool for supporting fruit and vegetable producers.
|
| Amendment 10 |
| RECITAL 18 |
(18) In the interests of a more targeted but flexible system of support for the fruit and vegetables sector and in the interests of simplification, it is therefore appropriate to abolish the existing aid schemes and include fruit and vegetables fully into the scheme established by Regulation (EC) No 1782/2003. To this end it is necessary to provide that farmers who produced fruit and vegetables in the reference period should be eligible for the single payment scheme. Provision should also be made for the establishment by Member States of reference amounts and eligible hectares under the single payment scheme on the basis of a representative period appropriate to the market of each fruit and vegetable product and of appropriate objective and non-discriminatory criteria. Areas planted with fruit and vegetables, including permanent fruits and vegetables should be eligible to the single payment scheme. National ceilings should be amended appropriately. Provision should also be made for the Commission to adopt detailed rules and any necessary transitional measures.
| (18) In the interests of a more targeted but flexible system of support for the fruit and vegetables sector and in the interests of simplification, it is therefore appropriate to abolish the existing aid schemes and include fruit and vegetables at least partially into the scheme established by Regulation (EC) No 1782/2003. To this end it is necessary to provide that farmers who produced fruit and vegetables in the reference period should be eligible for the single payment scheme and to set national envelopes on the basis of a representative period appropriate to the market of each fruit and vegetable product and of appropriate objective and non-discriminatory criteria. Areas planted with fruit and vegetables, including permanent fruits and vegetables should be eligible to the single payment scheme. National ceilings should be amended appropriately , with reference to the new fruit and vegetable market situation resulting from the accession of the new Member States . Provision should also be made for the Commission to adopt detailed rules and any necessary transitional measures.
|
| Amendment 11 |
| RECITAL 18A (new) |
| (18a) Areas planted with fruit and vegetables should be excluded from the single payment scheme, in order to ensure that they cannot be destined for any other agricultural activity, until their potential effects on structures and on fruit and vegetable markets are known, thereby respecting the case-law of the Court of Justice of the European Communities (2) which demands the submission of detailed impact studies to justify substantial legislative changes. The report that the Commission is to submit to the Council on the regional application of the single payment scheme, referred to in Article 60(8) of Regulation (EC) No 1782/2003, should, on the one hand, analyse the impact of the scheme on areas planted with fruit and vegetables that already enjoy freedom of production and, on the other, incorporate a specific analysis of the potential effects of the liberalisation on the whole sector of fruit and vegetables and potatoes in the Community. |
| Amendment 12 |
| RECITAL 18B (new) |
| (18b) Because of the enlargement of 2004, cherries and berries (strawberries, raspberries and redcurrants) have become products of great social and economic importance for the Union, but they are nevertheless undergoing a great structural crisis and require specific support measures. Area-based Community aid is therefore provided for these crops under conditions that ensure the viability of holdings and promote structural improvement, in particular concentration of supply. |
| Amendment 13 |
| RECITAL 19 |
(19) The production of fruit and vegetables is unpredictable and the products are perishable. Surplus on the market, even if it is not too great, can strongly disturb the market. Some schemes for market withdrawals have been operated but have proved somewhat complex to administer. Some further measures for crisis management should be introduced, in a manner as easy to apply as possible. Integration of all such measures into the operational programmes of producer organisations appears the best approach in these circumstances, and should also provide for increased attractiveness of producer organisations for producers.
| (19) The production of fruit and vegetables is unpredictable and the products are perishable. Surplus on the market, even if it is not too great, can strongly disturb the market. Some schemes for market withdrawals have been operated but have proved somewhat complex to administer and inefficient. The fruit and vegetable sector is characterised by market instability, and in the event of price collapses the current system of market withdrawals is of limited effectiveness as a safety net for farmers' incomes, owing to insufficient payments, excessive bureaucracy, shortcomings in organisation in the production regions, failure to recognise the production potential in order to ensure correct market management, the effect of imports from third countries and the lack of genuine outlets for the products withdrawn. More effective, horizontal measures for crisis management , applicable to all farmers from all market sectors, should be introduced, in a manner as easy to apply as possible. Integration of all such measures into a security fund financed separately from the operational programmes of producer organisations appears the best approach in these circumstances, and should also provide for increased attractiveness of producer organisations for producers. The Member States are allowed to devise management measures to tackle serious national and/or regional crises. Those measures should be defined in the context of the national strategy and, if the Member States deem it appropriate, should be financed by part of the national reserve of payment entitlements referred to in Article 42 of Regulation (EC) No 1782/2003.
|
| Amendment 14 |
| RECITAL 19A (new) |
| (19a) In common organisations of the market which are very open to markets, such as that for fruit and vegetables, interbranch organisations play an extremely important part in initial marketing and in the quality of products. They make it possible not only to improve the competitiveness of the sector but also to combat market fluctuations. Their functioning therefore considerably limits major market disruptions and protects producers against crises. |
| Amendment 15 |
| RECITAL 20A (new) |
| (20a) In the event of a substantial change to the existing system, the areas earmarked for production of cultivated mushrooms may be eligible for the single payment system provided for by Regulation (EC) No 1782/2003. |
| Amendment 16 |
| RECITAL 20B (new) |
| (20b) Average consumption of fruit and vegetables is still below the levels recommended by the World Health Organization and nutrition experts for their importance in achieving a balanced diet and their substantial role in the prevention of chronic illnesses. In some Member States, moreover, consumption is gradually falling. In order to counter this trend the role and resources of producer organisations as regards promotion should be stepped up and funding should be increased for the information campaigns and measures to promote the consumption of fruit and vegetables referred to in Regulation (EC) No 2826/2000 for all sections of the population, especially the under-18s. In addition, it would be appropriate to improve the conditions for free distribution of fruit and vegetables within the EU and, as far as possible, also in third countries near the Community. |
| Amendment 17 |
| RECITAL 23 |
(23) The creation of a single Community market involves the introduction of a trading system at the external borders of the Community. That trading system should include import duties and should, in principle, stabilise the Community market. The trading system should be based on the undertakings accepted under the Uruguay Round of multilateral trade negotiations.
| (23) The creation of a single Community market involves the introduction of a trading system at the external borders of the Community. That trading system should include import duties and should, in principle, stabilise the Community market. The trading system should be based on the undertakings accepted under the Uruguay Round of multilateral trade negotiations, which should entail the elimination of the export refunds granted to the sector in the past and the reconversion of the amounts allocated to this into internal measures compatible with the multilateral framework. In addition, it is necessary to step up information and promotion measures on fruit and vegetable products in third countries in the context of Council Regulation (EC) No 2702/1999 of 14 December 1999 on measures to provide information on, and to promote, agricultural products in third countries (3). The Commission shall submit the relevant proposals for the revision of the Regulation.
|
| Amendment 18 |
| RECITAL 25 |
(25) Monitoring the volume in trade in agricultural products with third countries may, in respect of certain products, require the introduction of licensing systems for imports and exports including the lodging of a security to ensure that the transactions for which such licences are issued are actually carried out. The Commission should, therefore, be empowered to introduce licensing systems in respect of such products.
| (25) Monitoring the volume in trade in agricultural products with third countries may, in respect of certain products, require the introduction of licensing systems for imports and exports including the lodging of a security to ensure that the transactions for which such licences are issued are actually carried out. The Commission should, therefore, be empowered to introduce licensing systems in respect of such products. In order to protect consumer health and prevent the pollution of crops by alien harmful organisms, it is necessary to complement the certification systems with new provisions, different from those of the present Regulation, with a view to strengthening the plant health control and quality systems at the borders. In this connection, it would be desirable to create a European quality control agency for fruit and vegetable products from third countries, under the supervision of the European Food Safety Agency.
|
| Amendment 19 |
| RECITAL 28A (new) |
| (28a) The process of coordinating, at Community level, the negotiation of plant health protocols with third countries for the export of fruit and vegetables should be supported. |
| Amendment 21 |
| RECITAL 30 |
(30) Since the common markets in agricultural products are continuously evolving , the Member States and the Commission should keep each other informed of relevant developments.
| (30) The dynamism of the fruit and vegetable sector, subject to structural changes in production or commerce that alter the operation of markets, requires that the Member States and the Commission should keep each other informed of the most relevant developments ascertained. It would also be appropriate to establish a price observatory capable of providing detailed and objective information on markets and thus facilitate the triggering of action by the Commission in the event of serious crises. In addition, progress should be made in creating a European authority to ensure the transparency of commercial transactions and strict compliance with the rules on competition, in particular by large-scale retailers.
|
| Amendment 22 |
| RECITAL 31 |
(31) The fruit and vegetables regime provides for certain obligations to be respected. To guarantee compliance with these obligations, there is a need for controls and the application of penalties in case of non-compliance with such obligations. The power should, therefore, be conferred on the Commission to set up the corresponding rules including those concerning the recovery of undue payments and on the reporting obligations of the Member States. The special corps of inspectors in the fruit and vegetable sector will no longer be necessary under the new regime and may be abolished.
| (31) The fruit and vegetables regime provides for certain obligations to be respected. To guarantee compliance with these obligations, there is a need for controls and the application of penalties in case of non-compliance with such obligations. The power should, therefore, be conferred on the Commission to set up the corresponding rules including those concerning the recovery of undue payments and on the reporting obligations of the Member States.
|
| Amendment 23 |
| ARTICLE 1, SUBPARAGRAPH 1 |
| This Regulation lays down specific rules applying to the products listed in Article 1(2) of Regulation (EC) No 2200/96 and in Article 1(2) of Regulation (EC) No 2201/96. | This Regulation lays down specific rules applying to the products listed in Article 1(2) of Regulation (EC) No 2200/96 and in Article 1(2) of Regulation (EC) No 2201/96 , as well as to the important products introduced by the new Member States . |
| Amendment 24 |
| ARTICLE 1, SUBPARAGRAPH 2 |
| However Titles III and IV of this Regulation shall only apply in respect of the products listed in Article 1(2) of Regulation (EC) No 2200/96. | deleted |
| Amendment 25 |
| ARTICLE 1, SUBPARAGRAPH 3 |
| Article 39 shall apply to potatoes, fresh or chilled of CN code 0701. | deleted |
| Amendment 26 |
| ARTICLE 2, PARAGRAPH 1 |
1. Provision may be made by the Commission for marketing standards for one or more of the products listed in Article 1(2) of Regulation (EC) No 2200/96 and in Article 1(2) of Regulation (EC) No 2201/96.
| 1. Provision may be made by the Commission for marketing standards for one or more of the products listed in Article 1(2) of Regulation (EC) No 2200/96 and in Article 1(2) of Regulation (EC) No 2201/96. To this end, account shall be taken of the UNECE standards recommended by the Working Party on Agricultural Quality Standards set up under the auspices of the United Nations Economic Commission for Europe. Until the adoption of new standards, the standards adopted pursuant to Article 2 of Regulation (EC) No 2200/96 shall remain applicable.
|
| Amendment 27 |
| ARTICLE 2, PARAGRAPH 2, POINT B |
| (b) | may in particular relate to quality, grading, weight, sizing, packaging, wrapping, storage, transport, presentation, marketing and labelling. |
| | (b) | concern in particular quality, grading, weight, sizing, packaging, wrapping, storage, transport, presentation, marketing , origin and labelling , including mandatory labelling of origin for fresh fruit and vegetable products used in processed fruit and vegetable products, as well as the specific forms of production . |
|
| Amendment 28 |
| ARTICLE 2, PARAGRAPH 3, SUBPARAGRAPH 1 |
3. Save as otherwise provided for by the Commission in accordance with the criteria referred to in point (a) of paragraph 2, the products for which marketing standards have been laid down may be marketed in the Community only in accordance with such standards.
| 3. Save as otherwise provided for by the Commission in accordance with the criteria referred to in point (a) of paragraph 2, the products for which marketing standards have been laid down may be marketed in the Community only in accordance with such standards. The owner of products for which standards are adopted may display them for sale, put them on sale, sell them, dispatch them or otherwise market them within the EU only if they comply with those standards. He shall be responsible for their conformity with the standards.
|
| Amendment 30 |
| ARTICLE 2, PARAGRAPH 3A (new) |
| 3a. In the retail phase, in order to ensure proper consumer information, products shall bear the indications required by the standards. These indications shall include, as a minimum:
| (a) | variety or variety type; |
| (b) | origin of the product; |
|
| Amendment 31 |
| ARTICLE 2, PARAGRAPH 3B (new) |
| 3b. Pending the adoption of new provisions for the implementation of the controls, the control provisions in respect of conformity with the standards laid down in Commission Regulation (EC) No 1148/2001 of 12 June 2001 on checks on conformity to the marketing standards applicable to fresh fruit and vegetables (4) shall remain in force. |
| Amendment 32 |
| ARTICLE 3, PARAGRAPH 1, POINT A |
| (a) | it is formed on the initiative of farmers within the meaning of Article 2(a) of Regulation (EC) No 1782/2003, who are growers of one or more products listed in Article 1(2) of Regulation (EC) No 2200/96 ; |
| | (a) | it is formed on the initiative of farmers within the meaning of Article 2(a) of Regulation (EC) No 1782/2003, who are growers of one or more products referred to in Article 1(1) of this Regulation ; |
|
| Amendment 33 |
| ARTICLE 3, PARAGRAPH 1, POINT B (III) |
| (iii) reducing production costs and stabilising producer prices; | | (iii) | optimising production costs and stabilising producer prices; |
|
| Amendment 34 |
| ARTICLE 3, PARAGRAPH 1, POINT B (IVA) (new) |
| (iva) promoting products of certified quality. |
| Amendment 35 |
| ARTICLE 3, PARAGRAPH 2, SUBPARAGRAPH 1, POINT A |
| (a) | apply the rules adopted by the producer organisation relating to production reporting, production, marketing and protection of the environment; |
| | (a) | apply the rules adopted by the producer organisation relating to production information and reporting, production, marketing and protection of the environment; |
|
| Amendment 36 |
| ARTICLE 3, PARAGRAPH 2, SUBPARAGRAPH 1, POINT E |
| (e) | pay the financial contributions provided for in its rules of association for the establishment and replenishment of the operational fund provided for in Article 7. |
| deleted |
| Amendment 37 |
| ARTICLE 3, PARAGRAPH 2, SUBPARAGRAPH 2, POINT C |
| (c) | where the producer organisation so authorises, market through another producer organisation designated by their own organisation products which, because of their characteristics, are not normally covered by the commercial activities of the producer organisation concerned. |
| | (c) | where the producer organisation so authorises, market themselves or through another producer organisation designated by their own organisation products which, because of their characteristics, are not normally covered by the commercial activities of the producer organisation concerned. |
|
| Amendment 38 |
| ARTICLE 3, PARAGRAPH 2A (new) |
| 2a. For the purposes of this Regulation, ‘association of producer organisations’ shall mean any legal person formed by two or more recognised producer organisations, having, in particular, the following objectives:
| (a) | replacing their members in the management of the operational fund referred to in Article 7 and in the preparation, presentation and implementation of the operational programmes referred to in Article 8; |
| (b) | managing market crises; |
| (c) | undertaking other activities delegated by the members pursuant to Article 5. |
|
| Amendment 39 |
| ARTICLE 4, PARAGRAPH 1 |
1. Member States shall recognise as producer organisations for the purposes of this Regulation all producer groups applying for such recognition, on condition that:
| 1. Member States shall recognise as producer organisations for the purposes of this Regulation all producer groups applying for such recognition, on condition that:
|
| (a) | they meet the requirements laid down in Article 3 and provide the relevant evidence, including proof that they have a minimum number of members and cover a minimum volume of marketable production to be laid down by Member States; |
| | (a) | they meet the requirements laid down in Article 3 and provide the relevant evidence, including proof that they have a minimum number of members and cover a minimum volume of marketable production to be laid down by Member States; |
|
| (b) | there is sufficient evidence that they can carry out their activities properly, both over time and in terms of effectiveness and concentration of supply; |
| | (b) | there is sufficient evidence that they can carry out their activities properly, both over time and in terms of effectiveness and concentration of supply; |
|
| (c) | they effectively enable their members to obtain technical assistance in using environmentally-sound cultivation practices; |
| | (c) | they provide their members with technical assistance in using environmentally-sound cultivation practices; |
|
| (d) | they effectively provide their members, if necessary, with the technical means for storing, packaging and marketing their produce and ensure proper commercial and budgetary management of their activities. |
| | (d) | they have the technical and human resources necessary for storing, packaging and marketing their produce and ensure proper commercial and budgetary management of their activities. |
|
| Amendment 40 |
| ARTICLE 4, PARAGRAPH 2 |
2. Member States may also recognise as producer organisations for the purposes of this Regulation producer organisations which do not comply with the requirement laid down in Article 3(1)(a) provided that:
| 2. Producer organisations recognised pursuant to Regulation (EC) No 2200/96 prior to 31 December 2007 shall benefit from a two-year transition period starting on 1 January 2008, provided they continue to satisfy the requirements of the relevant articles of Regulation (EC) No 2200/96. Associations that have been pre-recognised pursuant to Regulation (EC) No 2200/96 shall maintain their pre-recognised status until the end of the implementation period of the recognition plan.
|
| (a) they existed before 21 November 1996; | |
| (b) | they were recognised under Council Regulation (EEC) No 1035/72 before 1 January 1997. |
| |
| The other requirements laid down in Article 3, except, if appropriate, paragraph 1(c) thereof, and in paragraph 1 of this Article shall apply to producer organisations recognised pursuant to the first subparagraph of this paragraph. | |
| Amendment 41 |
| ARTICLE 4, PARAGRAPH 3A (new) |
| 3a. Member States shall establish the conditions for recognition of associations of recognised producer organisations. |
| Amendment 42 |
| ARTICLE 5, PARAGRAPH 1 |
1. A Member State may permit producer organisations to delegate any of their powers to an association of producer organisations of which they are members provided that the Member State considers that the association is capable of exercising those powers effectively.
| 1. A Member State may permit producer organisations to delegate all or part of their powers to an association of recognised producer organisations of which they are members , or to subsidiary organisations in accordance with conditions to be established, provided that the Member State considers that the association is capable of exercising those powers effectively.
|
| Amendment 43 |
| ARTICLE 6, TITLE |
| New Member States | New Member States and remote and island regions |
| Amendment 131 |
| ARTICLE 6, PARAGRAPH 1, SUBPARAGRAPH 1 |
1. Producer organisations in Member States which acceded to the Community in 2004 or thereafter may be allowed a transitional period of no more than five years in which to meet the conditions for recognition laid down in Article 4.
| 1. Producer organisations in Member States which acceded to the Community in 2004 or thereafter and in remote and island regions may be allowed a transitional period of no more than five years in which to meet the conditions for recognition laid down in Article 4.
|
| Amendment 45 |
| ARTICLE 6A (new) |
| Article 6a
Financing of the recognition plans
1. The aid referred to under Article 6(2a) shall be granted on a flat-rate basis.
2. The amount of that aid shall be determined, for each producer organisation, on the basis of the value of its annual marketed production, and shall be equal to:
| (a) | in the first, second, third, fourth and fifth years, 10 %, 10 %, 8%, 6% and 4% respectively of the value of the marketed production up to a maximum of EUR 2 000 000, and: |
| (b) | in the first, second, third, fourth and fifth years, 5%, 5 %, 4%, 3% and 3% respectively of the value of the marketed production in excess of EUR 2 000 000. |
3. The Commission shall determine, in its implementing rules, the maximum limits on aid per producer organisation, as well as the payment methods.
|
| Amendment 46 |
| ARTICLE 7, PARAGRAPH 1, POINT A |
| (a) | financial contributions of members or the producer organisation itself; |
| | (a) | financial contributions of members or the producer organisation itself ; in the latter case, the funds contributed by the producer organisation may have their origins decided by the Member States ; |
|
| Amendment 48 |
| ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT BA (new) |
| (ba) promotion of consumer protection measures, |
| Amendment 49 |
| ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT EA (new) |
| | (ea) | promotion of designations of origin and geographical indications, |
|
| Amendment 50 |
| ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT EB (new) |
| | (eb) | better adjustment of supply to demand, with the introduction of restructuring programmes if necessary, |
|
| Amendment 51 |
| ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT F |
| (f) crisis management. | deleted |
| Amendment 52 |
| ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT FA (new) |
| | (fa) | the adoption of measures geared to processing products for use as biofuel. |
|
| Amendment 53 |
| ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT FB (new) |
| (fb) training, |
| Amendment 54 |
| ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT FC (new) |
| (fc) harvest insurance. |
| Amendment 55 |
| ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 2 |
Crisis management shall be related to avoiding and dealing with crises on the fruit and vegetable markets and shall cover in this context:
| (b) | green harvesting or non-harvesting of fruit and vegetables, |
| (c) | promotion and communication, |
| (f) | support for the administrative costs of setting up mutual funds. |
| deleted |
| Amendment 126 |
| ARTICLE 8, PARAGRAPH 2, SUBPARAGRAPH 1 |
2. Operational programmes shall include action to develop the use of environmentally sound techniques by the producer members with regard to both cultivation practices and the management of waste materials.
| 2. Operational programmes shall include action to develop the use of environmentally sound techniques , using Community legislation as a point of reference, by the producer members with regard to both cultivation practices and the management of waste materials.
|
| Amendment 56 |
| ARTICLE 8, PARAGRAPH 3 |
3. Investments which increase environmental pressure shall only be permitted in situations where effective safeguards to protect the environment from these pressures are in place.
| deleted |
| Amendment 57 |
| ARTICLE 8, PARAGRAPH 4 |
4. Operational programmes shall include action to promote the consumption of fruit and vegetables targeted at young consumers at local, regional or national level.
| 4. Operational programmes may include , on a voluntary basis, action to promote the consumption of fruit and vegetables targeted , in particular, at young consumers at local, regional or national level , including via specific actions aimed at promoting the daily consumption of those products in schools .
|
| Amendment 58 |
| ARTICLE 8, PARAGRAPH 4A (new) |
| 4a. Member States may establish, in the framework of the national strategies referred to in Article 11, a negative list of measures eligible under the operational funds for the producer organisations in a given region or area of production, taking account of the specific structural conditions coexisting there. |
| Amendment 59 |
| ARTICLE 9, PARAGRAPH 1, SUBPARAGRAPH 1 |
1. The Community financial assistance shall be equal to the amount of the financial contributions of member producers as actually paid but limited to 50 % of the actual expenditure incurred.
| 1. The Community financial assistance shall be equal to the amount of the financial contributions of member producers as actually paid but limited to 50 % of the actual expenditure incurred for operational programmes in accordance with the procedures laid down in Article 12a(2) for the Security Fund .
|
| Amendment 60 |
| ARTICLE 9, PARAGRAPH 1, SUBPARAGRAPH 2 |
| The Community financial assistance shall be capped at 4,1 % of the value of the marketed production of each producer organisation. | The Community financial assistance shall be capped at 6 % of the value of the marketed production of each producer organisation. |
| Amendment 61 |
| ARTICLE 9, PARAGRAPH 1, SUBPARAGRAPH 2A (new) |
| The Community financial aid may be supplemented by part of the national reserve referred to in Article 42 of Regulation (EC) No 1782/2003, up to a maximum of 0,5% of the reference amounts allocated to each Member State, including the Security Fund mentioned in Article 12a of this Regulation. Member States shall inform the Commission of their interest in this optional funding possibility, and shall take it into account when determining their national strategies as referred to in Article 11. |
| Amendment 62 |
| ARTICLE 9, PARAGRAPH 1, SUBPARAGRAPH 2B (new) |
| However, the limitation of financial assistance shall not apply where the percentage of the expenditure incurred is increased to 60 %, as provided for in paragraph 2 below. |
| Amendment 63 |
| ARTICLE 9, PARAGRAPH 2, POINT A |
| (a) | it is submitted by several Community producer organisations operating in different Member States on transnational schemes; |
| | (a) | it is submitted by several Community producer organisations operating on joint schemes or, in different Member States, on transnational schemes; |
|
| Amendment 64 |
| ARTICLE 9, PARAGRAPH 2, POINT C |
| (c) | it covers solely specific support for the production of organic products covered by Council Regulation (EC) No 2092/91; |
| | (c) | it includes schemes relating to specific support for the production of organic products covered by Council Regulation (EEC) No 2092/91 and the action provided for in the first subparagraph of Article 8(2), or else action to support integrated fruit and vegetable production, in line with the rules in force in those Member States which have regulated this type of production in the absence of specific Community rules; |
|
| Amendment 65 |
| ARTICLE 9, PARAGRAPH 2, POINT F |
| (f) | it is submitted by producer organisations in Member States where producer organisations market less than 20 % of fruit and vegetables production; |
| | (f) | it is submitted by producer organisations in Member States where producer organisations market less than 20 % of fruit and vegetables production , or by producer organisations operating in regions in which less than 20% of fruit and vegetable production is marketed by producer organisations, or by producer organisations recognised before the entry into force of this Regulation, over 50% of whose marketed production value comes from aid for processed products under Regulation (EC) No 2201/96 and Regulation (EC) No 2202/96 ; |
|
| Amendment 66 |
| ARTICLE 9, PARAGRAPH 2, POINT GA (new) |
| | (ga) | it is submitted by a recognised producer organisation for a product for which there is a weak associative movement; |
|
| Amendment 67 |
| ARTICLE 9, PARAGRAPH 2, POINT GB (new) |
| | (gb) | it is submitted by a recognised producer organisation for a product of major economic or ecological importance, local or regional, which encounters permanent difficulties on the Community market, owing in particular to international competition; |
|
| Amendment 68 |
| ARTICLE 9, PARAGRAPH 2, POINT GC (new) |
| | (gc) | it is submitted by an association of recognised producer organisations. |
|
| Amendment 69 |
| ARTICLE 9, PARAGRAPH 2, SUBPARAGRAPH 1A (new) |
| The limit referred to in the second subparagraph of paragraph 1 shall not apply to the share of Community financial aid above the limit referred to in the first subparagraph of that paragraph. |
| Amendment 70 |
| ARTICLE 9, PARAGRAPH 3 |
3. The percentage provided for in the first subparagraph of paragraph 1 shall be 100% in the case of market withdrawals of fruit and vegetables which shall not exceed 5% of the quantity of the marketed production of each producer organisation and which are disposed of by way of:
| (a) | free distribution to charitable organisations and foundations, approved to that effect by the Member States, for use in their activities to assist persons whose right to public assistance is recognised in national law, in particular because they lack the necessary means of subsistence; |
| (b) | free distribution to penal institutions, schools and public education institutions and to children's holiday camps as well as to hospitals and old people's homes designated by the Member States, which shall take all necessary steps to ensure that the quantities thus distributed are additional to the quantities normally bought in by such establishments. |
| deleted |
| Amendment 71 |
| ARTICLE 11, PARAGRAPH 1 |
1. Member States shall establish a national framework for drawing up the general conditions relating to the measures referred to in the first subparagraph of Article 8(2). This framework shall provide in particular that at least 20% of the total expenditure under an operational programme shall relate to those measures.
| 1. Member States shall establish a national framework for drawing up the general conditions relating to the measures referred to in the first subparagraph of Article 8(2).
|
| Member States shall submit their proposed framework to the Commission, which may request modifications within three months if it finds that the proposal does not enable the objectives set out in Article 174 of the Treaty and in the Community programme of policy and action in relation to the environment and sustainable development to be attained. Individual investments supported by operational programmes shall also respect those objectives. | |
| Amendment 72 |
| ARTICLE 11, PARAGRAPH 2, INTRODUCTORY PART |
2. Member States shall establish a national strategy for sustainable operational programmes in the fruit and vegetable market. Such a strategy should provide for the following elements:
| 2. Member States shall , on the basis of the guidelines drawn up by the Commission and with a view to devising and assessing the programmes, establish a national strategy for sustainable operational programmes in the fruit and vegetable market. Such a strategy should provide for the following elements:
|
| Amendment 73 |
| ARTICLE 11, PARAGRAPH 2, POINT C |
| (c) assessment of operational programmes; | (c) monitoring and assessment of operational programmes; |
| Amendment 74 |
| ARTICLE 11, PARAGRAPH 2, POINT DA (new) |
| | (da) | actions undertaken to ensure that there is no duplication of funding as between the rural development or national framework programmes and the operational programmes; |
|
| Amendment 75 |
| ARTICLE 11, PARAGRAPH 2, POINT DB (new) |
| | (db) | optionally, negative lists of measures eligible under the operational funds for given regions or areas of production, in the case of recourse to Article 8(4a). |
|
| Amendment 76 |
| ARTICLE 11, PARAGRAPH 2, SUBPARAGRAPH 2 |
| The strategy should also integrate the national framework referred to in paragraph 1. | deleted |
| Amendment 77 |
| ARTICLE 11, PARAGRAPH 2, SUBPARAGRAPH 2A (new) |
| 2a. The Member States shall forward their draft national strategies to the Commission, which shall publish them in the manner that it deems appropriate. |
| Amendment 78 |
| ARTICLE 12, PARAGRAPH 3A (new) |
| 3a. There shall be compatibility with the aids from the two Community agricultural funds, the EARDF and the EAGGF, and, where relevant, the ERDF. Member States shall make the necessary controls to verify that there is no duplication in the funding of actions. |
| Amendment 79 |
| ARTICLE 12, PARAGRAPH 3B (new) |
| 3b. Operational programmes drawn up by 2007 and already approved in accordance with Regulation (EC) No 2200/96 shall remain valid until their expiry unless the producer organisation decides otherwise. |
| Amendment 80 |
| CHAPTER IIA (new), ARTICLES 12A AND 12B (new) |
| Chapter IIa
Security Fund
Article 12a
Definition of ‘serious crisis’
The concept of ‘serious crisis’ shall be defined by each Member State for each product, on the basis of the difference between the product's value on the market and the average value registered for an earlier representative period. Account shall be taken of any differential price level which could seriously prejudice the interests of producers as a whole.
Article 12b
Criteria for action for the Security Fund
1. Member States shall include in their respective national strategies the creation of a security fund with the aim of dealing with serious crises in the sector, in accordance with the following criteria:
| (a) | the existence of a serious crisis shall be declared by the Member States and/or regions and shall be defined for each product intended to be integrated within the Fund in the framework of the national strategies concerned. In this context the producer organisations could, jointly with the Member State and/or the regions, choose all or some of the following actions:
| — | green harvesting or non-harvesting of fruit and vegetables, |
| — | promotion and communication, |
| — | market or income insurance, |
| — | support for the administrative costs of setting up mutual funds, and for the contributions of the producer organisations' members to those funds, |
| — | processing aid for dual-use products; |
|
| (b) | the actions to be taken in case of serious crisis shall affect all producers in one or more economic areas recognised by the Commission in Chapter III of this Title, which shall contribute to financing the expenditure corresponding to their participation in the Fund, as well as administrative expenditure; |
| (c) | the Community contribution to this Fund will amount to two thirds; the remaining one third shall be provided by the producer organisations of the areas affected by the crisis; |
| (d) | where a serious crisis is declared, the non-associated producers in the areas affected shall contribute to the financing, thus complementing the part supplied by the associated producers, including administrative expenditure; |
| (e) | if no serious crises are declared in the period concerned, the corresponding sums included in the Fund may be committed afresh for promotion campaigns of a general nature or remain in the Fund for future campaigns. |
|
| 2. Member States shall notify the Commission of the creation of the Security Fund and the specific conditions required for each individual product. The Commission shall officially approve the creation and operation of the Fund.
3. Complementarily to the provisions of paragraph 1(c), the Community contribution to the Security Fund may draw on part of the national reserve provided for in Article 42 of Regulation (EC) No 1782/2003, up to an overall maximum of 0,5% of the reference amounts allocated to each Member State under Article 9 of this Regulation. Member States shall inform the Commission of their interest in this optional funding possibility, and shall take it into account when determining their national strategies as referred to in Article 11.
|
| Amendment 81 |
| ARTICLE 13, PARAGRAPH 1, SUBPARAGRAPH 1 |
1. In cases where a producer organisation which operates in a specific economic area is considered, in respect of a specific product, to be representative of production and producers in that area, the Member State concerned may, at the request of the producer organisation, make the following rules binding on producers established in the area who do not belong to the producer organisation:
| 1. In cases where a producer organisation or an association of producer organisations which operates in a specific economic area is considered, in respect of a specific product, to be representative of production and producers in that area, the Member State concerned may, at the request of the producer organisation, make the following rules binding on producers established in the area who do not belong to the producer organisation:
|
| (a) | the rules referred to in point (a) of the first subparagraph of Article 3(2); |
| | (a) | the rules referred to in point (a) of the first subparagraph of Article 3(2); |
|
| (b) | the rules adopted by the producer organisation relating to market withdrawals . |
| | (b) | the rules adopted by the producer organisation relating to crisis prevention and management . |
|
| Amendment 82 |
| ARTICLE 13, PARAGRAPH 1, SUBPARAGRAPH 2 |
| The first subparagraph shall apply on condition that those rules: | The first subparagraph shall apply on condition that those rules: |
| (a) have been in force for at least one marketing year, | |
| (b) are included in the exhaustive list in Annex I, | (a) are included in the exhaustive list in Annex I, |
| (c) are made binding for no more than three marketing years. | (b) are made binding for no more than three marketing years. |
| Amendment 83 |
| ARTICLE 13, PARAGRAPH 3 |
3. A producer organisation shall be deemed representative within the meaning of paragraph 1 where its members account for at least 50 % of the producers in the economic area in which it operates and it covers at least 60 % of the production of that area.
| 3. A producer organisation or an association of producer organisations shall be deemed representative within the meaning of paragraph 1 where its members account for at least 50 % of the producers , or producers belonging to producer organisations, in the case of associations of producer organisations, in the economic area in which it operates and it covers at least 60 % of the production of that area.
|
| Amendment 84 |
| ARTICLE 13, PARAGRAPH 5 |
5. Rules may not be made binding on producers of organic products covered by Regulation (EC) No 2092/91 unless such a measure has been agreed to by at least 50 % of such producers in the economic area in which the producer organisation operates and that organisation covers at least 60 % of such production of that area.
| 5. Rules may not be made binding on producers of organic products covered by Regulation (EEC) No 2092/91 unless such a measure has been agreed to by at least 50 % of such producers in the economic area in which the producer organisation or association of producer organisations operates and that organisation covers at least 60 % of such production of that area.
|
| Amendment 86 |
| ARTICLE 16, POINT A |
| (a) | are made up of representatives of economic activities linked to the production of or trade in or processing of the products listed in Article 1(2) of Regulation (EC) No 2200/96 ; |
| | (a) | are made up of representatives of economic activities linked to the production of and/or trade in and/or processing of the products listed in Article 1(1) of this Regulation ; |
|
| Amendment 88 |
| ARTICLE 19, PARAGRAPH 3, POINT A (VII) |
| (vii) | measures to protect organic farming as well as designations of origin, quality labels and geographical indications; |
| | (vii) | measures to protect organic and integrated farming as well as designations of origin, quality labels and geographical indications; |
|
| Amendment 89 |
| ARTICLE 19, PARAGRAPH 3, POINT B |
| (b) | must have been in force for at least one marketing year; |
| | (b) | must have been in force for at least one marketing year except in cases of crisis prevention and management ; |
|
| Amendment 90 |
| ARTICLE 30, PARAGRAPH 2 |
2. Where the declared entry price of the consignment in question is higher than the flat-rate import value, increased by a margin set in accordance with the procedure referred to in Article 46(2) of Regulation (EC) No 2200/96 which may not exceed the flat-rate value by more than 10 %, the lodging of a security equal to the import duty determined on the basis of the flat-rate import value shall be required .
| 2. Where the flat-rate import value is lower than the entry price under the common customs tariff, imports shall be subject to the additional import duty laid down in the common customs tariff for products included in the entry price regime .
|
| Amendment 91 |
| ARTICLE 30, PARAGRAPH 3 |
3. If the entry price of the consignment in question is not declared at the time of customs clearance, the common customs tariff duty rate to be applied shall depend on the flatrate import value or be arrived at by application of the relevant customs legislation provisions under conditions to be determined in accordance with the procedure referred to in Article 46(2) of Regulation (EC) No 2200/96.
| deleted |
| Amendment 92 |
| ARTICLE 31, PARAGRAPH 2 |
2. Additional import duties shall not be imposed where the imports are unlikely to disturb the Community market, or where the effects would be disproportionate to the intended objective.
| deleted |
| Amendment 93 |
| ARTICLE 35 |
| Suspension of Inward Processing Arrangements | Abolition of Inward Processing Arrangements |
| To the extent necessary for the proper functioning of the common organisation of the markets, the use of inward processing arrangements for the products falling within the scope of this Regulation may be fully or partially prohibited in accordance with the procedure referred to in Article 46(2) of Regulation (EC) No 2200/96 . | To the extent necessary for the proper functioning of the common organisation of the markets, the use of inward processing arrangements for the products falling within the scope of this Regulation shall, at the request of the Member State concerned, be prohibited. |
| Amendment 95 |
| ARTICLE 37 |
| Suspension of Outward Processing Arrangements | Abolition of Outward Processing Arrangements |
| To the extent necessary for the proper functioning of the common organisation of the markets, the use of outward processing arrangements for the products falling within the scope of this Regulation may be fully or partially prohibited in accordance with the procedure referred to in Article 46(2) of Regulation (EC) No 2200/96 . | To the extent necessary for the proper functioning of the common organisation of the markets, the use of outward processing arrangements for the products falling within the scope of this Regulation shall be prohibited. |
| Amendment 97 |
| ARTICLE 38, SUBPARAGRAPH 2, POINT A, POINT I |
| (i) | the provision for marketing standards referred to in Article 2; |
| | (i) | the provision for marketing standards referred to in Article 2 and the list of products covered by those standards ; |
|
| Amendment 98 |
| ARTICLE 38, SUBPARAGRAPH 2, POINT A, POINT III |
| (iii) rules on derogations from the standards; | (iii) rules on derogations and exemptions from the standards; |
| Amendment 99 |
| ARTICLE 38, SUBPARAGRAPH 2, POINT A, POINT IV |
| (iv) | rules on presentation of particulars required by the standards, |
| | (iv) | rules on presentation , marketing and labelling required by the standards; |
|
| Amendment 100 |
| ARTICLE 38, SUBPARAGRAPH 2, POINT B, POINT II |
| (ii) | the degree of, and detailed rules for, financing of the measures referred to in Article 6 and Article 10(1); |
| | (ii) | the degree of, and detailed rules for, financing of the measures referred to in Articles 6 and 6a and Article 10(1) . The amount of the aid referred to in Article 6(2)(a) shall be not less than 10 %, 10 %, 8%, 6% and 4% of the setting-up and running costs of the producer group in the first, second, third, fourth and fifth years respectively ; |
|
| Amendment 101 |
| ARTICLE 38, SUBPARAGRAPH 2, POINT B, POINTS IIA, IIB AND IIC (new) |
| | (iia) | the general Community framework for the encouragement of integrated production; |
|
| | (iib) | the general framework for the creation and operation of the Security Fund referred to in Article 12a; |
|
| | (iic) | the general funding framework chargeable to the national reserve referred to in Article 42 of Regulation (EC) No 1782/2003; |
|
| Amendment 102 |
| ARTICLE 38, SUBPARAGRAPH 2, POINT B, POINTS IID, IIE AND IIF (new) |
| | (iid) | rules for the calculation of the value of the production marketed for the purpose of constituting the operational fund referred to in Article 7, also with reference to the repeal of the aid schemes envisaged in Regulations (EC) No 2201/96 and No 2202/96; |
|
| | (iie) | rules designed to ensure transition as regards the recognition of producer organisations and their associations; |
|
| | (iif) | rules designed to ensure transition in the case of multiannual contracts drawn up in the context of the system of aid for citrus fruit production laid down in Regulation (EC) No 2202/96; |
|
| Amendment 103 |
| ARTICLE 38, SUBPARAGRAPH 2, POINTS IA, IB AND IC (new) |
| | (ia) | operational rules of a price monitoring unit at Community level, which would provide timely and objective information on market trends and would make it possible for the Commission and the producer organisations to deal with any price crises at the appropriate moment; |
|
| | (ib) | presentation of a report, no later than 1 January 2009, on the possible creation of a European authority to monitor the transparency of commercial transactions in the Community fruit and vegetables sector and ensure full compliance with competition law by operators occupying a dominant position; |
|
| | (ic) | measures to reinforce information and promotion campaigns in favour of fruit and vegetable products in third countries in the framework of Regulation (EC) No 2702/1999; |
|
| Amendment 104 |
| ARTICLE 39 |
Article 39
State aids
Articles 87, 88 and 89 of the Treaty shall apply to the production of and trade in potatoes, fresh or chilled of CN code 0701.
| deleted |
| Amendment 105 |
ARTICLE 40, POINT 1a (new)
Article 1, paragraph 2 (Regulation (EC) No 2200/96)
|
| | (1a) | In Article 1(2), the following products are added to the table:
CN 0701 Fresh or chilled potatoes
CN 089 10 20 Saffron
CN 0810 00 and 0811 10 Strawberries
CN 0810 20 10 and 0811 20 31 Raspberries
CN 0810 90 50 Currants
CN 0811 20 39 Gooseberries
CN 0809 20 Sour cherries
CN 0812 10 00 Sweet cherries
CN 0813 20 00 Prunes
NC Pimientos for paprika
|
|
| Amendment 106 |
ARTICLE 42, POINT -1 (new)
Article 5, paragraph 2 (Regulation (EC) No 2826/2000)
|
| | (-1) | Article 5(2) is replaced by the following:
2. When laying down the guidelines referred to in paragraph 1, the Commission may consult the Standing Group on Promotion of Agricultural Products of the Advisory Committee on Agricultural Product Health and Safety, and shall also establish close cooperation internally between its relevant services, with the active involvement of those responsible for public health, with a view to drawing up the above strategy.
|
|
| Amendment 107 |
ARTICLE 42, POINT 1
Article 5, paragraph 3 (Regulation (EC) No 2826/2000)
|
| As regards the promotion of fresh fruits and vegetables , the main target group shall be children under 18 years. | As regards the promotion of fresh fruits and vegetables , the target groups shall be segmented, and the main groups addressed shall be the low-income social strata, who currently consume the least, and, in particular, children under 18 years , with the aim of promoting new food habits . |
| Amendment 108 |
ARTICLE 43, POINT 3A (new)
Article 42, paragraph 5a (new) (Regulation (EC) No 1782/2003)
|
| | 3a. | The following paragraph is inserted in Article 42:
5a. Member States may use part of the national reserve to finance the operational programmes and, if necessary, the Security Fund referred to respectively in Articles 9 and 12a of Council Regulation (EC) No XXX/2007 of XX laying down specific rules as regards the fruit and vegetable sector and amending certain regulations. This part of the reserve, which shall in no case exceed the global maximum of 0,5% of the percentage referred to in paragraph 1, shall be distributed on the basis of objective criteria and in such a way as to ensure equal treatment among farmers and to prevent any distortion of the market or of competition. The Commission shall lay down the specific conditions of use.
|
|
| Amendment 109 |
ARTICLE 43, POINT 5, DA (new)
Article 44, paragraph 2, subparagraph 2 (Regulation (EC) No 1782/2003)
|
| (da) areas given over to the production of mushrooms. |
| Amendment 110 |
ARTICLE 43, POINT 5, DB (new)
Article 44, paragraph 2, subparagraph 2 (Regulation (EC) No 1782/2003)
|
| (db) areas planted with nursery crops. |
| Amendment 111 |
ARTICLE 43, POINT 6
Article 51 (Regulation (EC) No 1782/2003)
|
| Farmers may use the parcels declared in accordance with Article 44(3) for any agricultural activity except for permanent crops. However farmers may use the parcels for the following permanent crops: | Farmers may use the parcels declared in accordance with Article 44(3) for any agricultural activity except for permanent crops and for the products referred to in Article 1(2) of Regulation (EC) No 2200/96, as amended by Regulation (EC) No XXX/2007 laying down specific provisions for the fruit and vegetable sector and amending certain regulations, or for potatoes other than those used for producing starch. However farmers may use the parcels for the following permanent crops: |
| (a) hops, | (a) hops, |
| (b) olive trees, | (b) olive trees, |
| (c) bananas, | (c) bananas. |
| (d) permanent fruit and vegetable crops. | |
| In accordance with Article 60(8), the Commission shall submit to the European Parliament and the Council a report on the possible structural and market consequences of the single payment regime, implemented at regional level and already permitting the use of land for fruit and vegetables on an optional basis. This report shall specifically evaluate the potential impact of permitting the generalised conversion of plots used for fruit and vegetables into eligible areas under the single payment regime, especially in regions and areas that specialise in such production. |
| Amendment 112 |
ARTICLE 43, POINT 6A (new)
Article 59, paragraph 4a (new) (Regulation (EC) No 1782/2003)
|
| | (6a) | In Article 59 the following paragraph is added:
4a. Regarding the fruit and vegetable sector in the transitional period up to 2010-2011, Member States shall have the possibility, in consultation with the professional organisations, of establishing, in addition to implementation of cross-compliance, a compulsory production volume for processing in respect of one or more fruit and vegetable products included in full decoupling arrangements.
|
|
| Amendment 113 |
ARTICLE 43, POINT 8A (new)
Article 71, paragraph 1 (Regulation (EC) No 1782/2003)
|
| | (8a) | In Article 71, paragraph 1 is replaced by the following:
1. Where specific agricultural conditions so warrant, a Member State may decide, by 1 August 2004 at the latest, to apply the single payment scheme after a transitional period which shall expire either on 31 December 2005 or on 31 December 2006. In the case of Regulation (EC) No XXX/2007, this transitional period shall end on 31 December 2013 and a Member State may decide, by 1 August 2008 at the latest, to apply the new payments.
|
|
| Amendment 114 |
ARTICLE 43, POINT 10A (new)
Title IV, Chapter [X1] (new) (Regulation (EC) No 1782/2003)
|
| | (10a) | In Title IV, the following chapter is added:
CHAPTER [X1]
AID FOR PROCESSED TOMATOES
Article [x1]
Scope
1. In respect of the 2008, 2009, 2010, 2011, 2012 and 2013 marketing years, up to 50% of the ‘national ceilings’ component under Article 41, corresponding to payments in respect of tomatoes for processing, may be retained in order to grant area aid to recognised producers' organisations whose members grow ex NC 0702 industrial tomatoes for processing.
2. In such circumstances the Member State shall decide by 1 September 2007 at the latest whether to apply the provisions of this chapter and shall determine the amount to be retained.
Article [x2]
Amounts
The Member State shall establish a unit amount per hectare of area.
Article [x3]
Conditions of admissibility
1. Aid shall be granted to recognised producers' organisations under Article x1, which shall transfer it to farmers belonging to each organisation, on the basis of the hectares of admissible area growing tomatoes for processing.
2. In order to benefit from the aid, the area must be cultivated entirely in accordance with normal agricultural practice in the region, and crops must be kept in place until the fruit's ripening stage.
|
|
| However, if tomatoes have not reached the ripening stage owing to exceptional weather conditions recognised as such by the Member States, the areas given over to tomatoes shall remain admissible for aid provided the areas concerned are not used for other purposes until the ripening stage. |
| Amendment 132 |
ARTICLE 43, POINT 10B (new)
Title IV, Chapter 4a (new) (Regulation (EC) No 1782/2003)
|
| | (10b) | In Title IV (OTHER AID SCHEMES), the following Chapter 4a is inserted:
CHAPTER 4a
AREA PAYMENTS FOR SOFT FRUIT AND SOUR CHERRIES FOR PROCESSING
Article 87a
Community aid
1. A Community aid shall be granted to farmers producing soft fruit and sour cherries under the conditions laid down in this Chapter.
Soft fruit shall include:
| — | strawberries falling within CN codes 0810 00 and 0811 10, |
| — | raspberries falling within CN codes 0810 20 10 and 0811 20 31, |
| — | blackcurrants and gooseberries falling within CN codes CN 0810 90 50 and 0811 20 39, |
| — | sour cherries falling within CN code 0809 20. |
2. Member States may differentiate the aid in function of the products or by increasing or decreasing the NGAs established in accordance with Article 87b(3). However, in each Member State, the total amount of aid granted in a given year shall not be higher than the ceiling referred to in Article 87b(1).
Article 87b
Areas
1. A Member State shall grant the Community aid within the limit of a ceiling calculated by multiplying the number of hectares of its NGA as fixed in paragraph 3 by the average amount of EUR 230 per hectare.
|
|
| 2. A maximum guaranteed area of 130 000 ha is hereby established.
3. The Commission shall divide the maximum guaranteed area into NGAs in accordance with the traditional production declared in the past.
4. Payments shall be granted on the basis of objective and non-discriminatory criteria laid down by the Member States.
5. Member States may subdivide their NGAs into subareas in accordance with objective criteria, in particular at regional level or in relation to the production.
Article 87c
Overrun of the sub-base areas
When a Member State subdivides its NGA in sub-base areas and one or more sub-base areas are exceeded, the area per farmer for which Community aid is claimed shall be reduced proportionately in that year for the farmers in the sub-base areas where their limits have been exceeded. This reduction shall be made when, in the Member State concerned, the areas in sub-base areas, which have not reached their limits, have been redistributed to sub-base areas in which those limits have been exceeded.
Article 87d
Conditions for eligibility
1. Payment of the Community aid shall be conditional on, in particular, minimum plot size.
2. Member States may make the granting of Community aid conditional on farmers being members of a producer organisation or a producer group granted preliminary recognition under Articles 4 or 6 of Regulation (EC) No XXX/07.
3. If the provision of paragraph 2 is applied, Member States may decide that the payment of the aid referred to in paragraph 1 is made to a producer organisation or a producer group granted preliminary recognition on behalf of its members. The amount of aid received by the producer organisation or the producer group granted preliminary recognition shall be paid to its members. However, Member States may authorise a producer organisation or a producer group granted preliminary recognition, as compensation for the services provided to its members, to operate a deduction on the amount of Community aid up to a maximum of 2 %.
|
| Article 87e
National aid
1. Member States may grant national aid, in addition to the Community aid, up to a maximum of EUR 200 per hectare per year.
2. The national aid may be paid only for areas receiving Community aid.
Article 87f
Articles 143a and 143c shall not apply to the aid for soft fruit and sour cherry crops in the Community as at 1 January 2007.
|
| Amendment 118 |
ARTICLE 43, POINT 10C (new)
Title IV, Chapter 10h (new) (Regulation (EC) No 1782/2003)
|
| | (10c) | In Title IV, the following Chapter is added:
Chapter 10h
Area payment for garlic
Article 110p
1. An area payment shall be granted to traditional producers of garlic, subject to the provisions laid down in this chapter.
2. Member States shall inform the Commission of the number of cultivated hectares in the traditional areas, with a view to establishing a maximum guaranteed area, to be divided up between the Member States.
3. The Commission shall determine that area, as well as the implementing rules, on the basis of the procedure described in Article 46(2) of Regulation (EC) No 2200/96.
|
|
| Amendment 117 |
ARTICLE 43, POINT 10D (new)
Article 143a, subparagraph 1a (new) (Regulation (EC) No 1782/2003)
|
| | (10d) | In Article 143a, the following subparagraph is added:
The area payments for tomatoes intended for processing provided for in Chapter 10g and the area payments for cherries and soft fruit provided for in Chapter 10h shall be paid in their entirety as from the entry into force of Regulation (EC) No XXX/2007 under the conditions laid down in those Chapters.
|
|
| Amendment 115 |
ARTICLE 43, POINT 10E (new)
Article 143 bb (new) (Regulation (EC) No 1782/2003)
|
| | (10e) | The following article is inserted:
Article 143bb
Separate area payment for tomatoes intended for processing
1. By way of derogation from Article 143b, the new Member States applying the single area payment scheme may decide to grant farmers eligible under that scheme a separate payment for tomatoes intended for processing. It shall be granted on the basis of objective and non-discriminatory criteria such as:
| — | quantity of tomatoes intended for processing covered by delivery contracts, |
| — | number of hectares planted with tomatoes intended for processing and in respect of a period representative of one or more marketing years as from 2004/2005, to be determined by the Member State. |
2. The separate payment for tomatoes intended for processing shall be allocated from the financial envelope earmarked for such aid.
3. By way of derogation from paragraph 2, each new Member State concerned may decide by 31 October 2007 at the latest on the basis of objective criteria to apply a lower ceiling than that listed in point Ma of Annex VII in respect of the separate payment for tomatoes intended for processing.
4. The funds made available for granting the separate payment for tomatoes intended for processing in accordance with paragraphs 1, 2 and 3 shall not be included in the annual financial envelope referred to in Article 143b(3). If paragraph 3 is applied, the differential between the ceiling listed in point Ma of Annex VII and that actually applied shall be included in the annual financial envelope referred to in Article 143b(3).
5. Articles 143a and 143c shall not apply to the separate payment for tomatoes intended for processing.
|
|
| Amendment 119 |
| ARTICLE 45 |
| The aid schemes set out in Regulations (EC) No 2201/96 and (EC) No 2202/96 and abolished by this Regulation shall remain applicable in respect of each of the products concerned for the marketing year for that product which ends during 2008. | The aid scheme set out in Regulation (EC) No 2201/96 and abolished by this Regulation shall remain applicable in respect of each of the products concerned for the marketing year for that product which ends during 2008. The aid scheme set out in Regulation (EC) No 2202/96 shall remain in force for the marketing years 2008/2009 and 2009/2010. |
| Amendment 120 |
| ANNEX I, PARAGRAPH 4A (new) |
| 4a. Rules on crisis prevention and management. |
| Amendment 121 |
ANNEX II, POINT 3A (new)
Annex VI (Regulation (EC) No 1782/2003)
|
| | 3a. | In Annex VI, the following heading is added:
(Sector): Fruit and vegetables for processing
(Legal basis) Relevant articles of Regulations (EC) Nos 2201/96 and 2202/96
(Remarks) Aid per hectare
|
|
| Amendment 122 |
ANNEX II, POINT 4A (NEW)
Annex VII, point M a (new) (Regulation (EC) No 1782/2003)
|
| | 4a. | In Annex VII, the following point is added:
Ma. Separate area payment for tomatoes intended for processing
1. Member States which joined the Community in 2004 or later shall determine the amount to be included in the reference amount of each farmer on the basis of objective and non-discriminatory criteria such as:
| — | the amount of market support received, directly or indirectly, by the farmer in respect of tomatoes intended for processing, |
| — | the area used to produce tomatoes intended for processing, |
| — | the amount of tomatoes intended for processing produced, |
in respect of a representative period of one or more marketing years starting from the marketing year ending in 2004 up to the marketing year ending in 2007.
|
|
| Member States shall calculate the applicable hectares referred to in Article 43(2) of this regulation on the basis of objective and non-discriminatory criteria such as the areas referred to in the second indent of the first paragraph.
2. If the amounts established in accordance with the first paragraph exceed the ceilings set out below, expressed in thousand euro, for a given Member State, the amount for each farmer shall be reduced proportionately.
| (1000 EUR) | | Bulgaria | 5 394 | | Czech Republic | 414 | | Cyprus | 274 | | Malta | 932 | | Hungary | 4 512 | | Romania | 1 738 | | Poland | 6 715 | | Slovakia | 1 018 |
|
| Amendment 123 |
ANNEX II, POINT 5
Annex VIII, row corresponding to ‘Spain’ (Regulation (EC) No 1782/2003)
|
| 2008 | 4 830 954 | | 2009 | 4 838 536 | | 2010 and subsequent years | 4 840 413 |
| | 2008 | 4 868 312 | | 2009 | 4 875 894 | | 2010 and subsequent years | 4 877 771 |
|
