Traduction de «Mécanisme de retenue » (Français → Anglais) :

225. Notes with concern the Commission's Report on the progress made by Bulgaria under the Cooperation and Verification Mechanism with a view to further efforts needed in order to demonstrate tangible results in the monitored sectors; calls upon the effective implementation of the established legislative and institutional framework; notes with concern the Report's statement that the Supreme Judicial Council (SJC) has not used the new powers given to it accordingly, aimed at effectively managing and leading the judiciary through a comprehensive reform process; welcomes the efforts by the Bulgarian government to renew the SJC with a mandate able of implementing fundamental reform through the following new rules: public hearings of the cand ...[+++]idates for SJC, clear criteria for their professional and educational qualification and vision for the efficiency, accountability and integrity of the judiciary; acknowledges the fact that the new specialised structures put in place illustrate a commitment to adapting the current structures to tackle organised crime more effectively; takes note, however, that the Report suggests that these new instruments have not yet delivered the expected results regarding important cases; notes with great concern that investigations into alleged corruption and abuse of office by magistrates have received a particular weak response from the judiciary; is fearful, furthermore, that a weak implementation of Public Procurement legislation could result in an important source of corruption, serious violations of Union procurement rules as well as a poor delivery of public goods with a European added value and waste of Union public money; welcomes the amended public procurement law, establishing the ex-ante control on tender procedures to guarantee the proper spending of the public resources; calls on the Commission steadfastly and determinedly to insist, as far as the Bulgarian institutions are concerned, that the Commission's recommendations a ...

5. Points out that at the end of 2008 the Commission's Directorate General on Health and Consumers published the results of two studies on collective redress mechanisms in the Member States and possible barriers to the internal market resulting from Member States' differing legislation; points out also that the Commission published a green paper on the Community's possible options for action in the field of consumer protection law and has announced the publication of another policy paper in 2009; stresses that measures at Community level must not lead to arbitrary or unnecessary fragmentation of procedural national laws and that, there ...[+++]fore, careful consideration should be given to whether, and if so to what extent, a horizontal or integrated approach should be chosen to facilitate out-of-court settlements and the prosecution of actions for damages; calls on the Commission, therefore, to undertake an examination of the possible legal bases and how to proceed in a horizontal or integrated way though not necessarily with a single horizontal instrument, and to refrain, in the meantime, from presenting any collective redress mechanism for victims of breaches of the EC competition rules without allowing Parliament to participate in the adoption of such a mechanism in the course of the codecision procedure;

5. Points out that at the end of 2008 the Commission's Directorate General on Health and Consumers published the results of two studies on collective redress mechanisms in the Member States and possible barriers to the internal market resulting from Member States' differing legislation; points out also that the Commission published a green paper on the Community's possible options for action in the field of consumer protection law and has announced the publication of another policy paper in 2009; stresses that measures at Community level must not lead to arbitrary or unnecessary fragmentation of procedural national laws and that, there ...[+++]fore, careful consideration should be given to whether, and if so to what extent, a horizontal or integrated approach should be chosen to facilitate out-of-court settlements and the prosecution of actions for damages; calls on the Commission, therefore, to undertake an examination of the possible legal bases and how to proceed in a horizontal or integrated way though not necessarily with a single horizontal instrument, and to refrain, in the meantime, from presenting any collective redress mechanism for victims of breaches of the EC competition rules without allowing Parliament to participate in the adoption of such a mechanism in the course of the codecision procedure;

5. Points out that at the end of 2008 the Commission’s Directorate General on Health and Consumers published the results of two studies on collective redress mechanisms in the Member States and possible barriers to the internal market resulting from Member States' differing legislation; points out also that the Commission published a green paper on the Community’s possible options for action in the field of consumer protection law and has announced the publication of another policy paper in 2009; stresses that measures at Community level must not lead to arbitrary and unnecessary fragmentation of procedural nationals laws and that, the ...[+++]refore, careful consideration should be given to whether, and to what extent, a horizontal or integrated approach should be chosen to facilitate out-of-court settlements and the prosecution of damage compensation claims; calls on the Commission, therefore, to undertake an examination of the possible legal bases and how to proceed in a horizontal or integrated way though not necessarily with a single horizontal instrument, and to refrain, in the meantime, from presenting any collective redress mechanism for victims of EC competition law infringements without allowing Parliament to participate in their adoption in the codecision procedure;

Claw-back mechanism to avoid over-compensation: To ensure that the selected bidder is not over-compensated if demand for broadband in the target area grows beyond anticipated levels, Member States should include a reverse payment mechanism into the contract with the successful bidder .

In opting (for the reasons described) for a smaller modulation percentage the rapporteur is aware that the amounts to be transferred to the second pillar by means of this mechanism are significantly smaller than would be the case if the modulation percentage proposed by the Commission were to be applied. Hence he will propose complementary mechanisms with a view to obtaining an approximate result either on the basis of Article 68 (on a voluntary basis) or through the introduction of a new ceiling mechanism, for the reasons set out below.